This updated Charter was submitted to the Palm Beach County local delegation yesterday, September 28, 2021 to be considered at their October 28, 2021 meeting. If you have any questions, please feel free to contact us.
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Where is the feasibility study at this time?
The Feasibility Study is under review by the legislative review committee as of 9/03/2021. If there are no issues, it will be filed in Tallahassee. It must then go through the legislative process to approve a special act for a referendum. If the Governor approves it, it will then be placed on the November 8th, 2022 ballot for the community to vote if they wish to incorporate or not.
How was ITID able to complete the feasibility study without requiring votes from the community?
Please see Memo from ITID Attorney re: ITID legal authority
Here’s the bill from the Florida Legislature authorizing ITID to conduct the study.
https://www.flsenate.gov/Session/Bill/2021/1185/Amendment/401767/PDF
You’ll notice it references FS 165.0615 in ONE place only – in describing HOW the study was to be done. F.S. 165.0615 is ONE pathway to incorporation. F.S. 165.0615 does not require a submittal to Tallahassee for review of the feasibility study and charter, nor does it require a Special Act to allow a referendum on incorporation. (It’s worth noting here that F.S. 165.0615 was written FOR Minto – how do you think they got incorporated so fast?) It is not the only pathway. ITID completed what they were authorized to do, and the study was completed “pursuant to 165.0615.” In fact, the study EXCEEDS the requirements of 165.0615 because it actually meets the requirements of FS 165.041.
Now, a group of Citizens has submitted the feasibility study and the draft charter to Tallahassee pursuant to statute FS 165.041 and are seeking a Special Act to allow a referendum on incorporation (via Rick Roth) to get it on the Ballot.
The purpose of citizens requesting the Special Act for a Referendum and hosting meetings moving forward, is to provide broad citizen involvement in both initiating and developing our local government.
Home Rule Authority
Let’s talk about home rule authority. What is it? Why is it important? What does it have to do with incorporation or remaining an unincorporated area of Palm Beach County?
“The most precious powers a city in Florida has are its Home Rule powers. The ability to establish its form of government through its charter, and to then enact ordinances, codes, plans and resolutions without prior state approval is a tremendous authority. To further be able to enforce them “at home†and to make necessary changes as a city grows is a great reflection of the trust that citizens have in their respective city leaders.
http://www.floridaleagueofcities.com/docs/default-source/Civic-Education/historyofhomerule.pdf?sfvrsn=2#:~:text=The%20most%20precious%20powers%20a,approval%20is%20a%20tremendous%20authority
Of course, city laws cannot conflict with state or federal laws. In the metropolitan Miami-Dade County government and in certain chartered county
governments, some municipal ordinances and processes are subject to county review. However, for most of Florida’s 412 municipalities, Home Rule
powers ensure that the cities are effectively and efficiently providing for the wishes of their citizens.”
To remain unincorporated, means that the County will continue to exercise home rule power over the unincorporated area we live in. We are governed by 7 county commissioners who do not live in our community. They make the rules that govern us and they make the decisions that affect us every day.