Konish: A city is not a political subdivision of the State of Florida

Letter to the editor

There is a common misunderstanding that a city is a political subdivision of the State of Florida. From there, the next mistake can be an assertion that a city has broad and unfettered “home rule” or inherently usurps State powers, per se.

A county, on the other hand, is a political subdivision of the State pursuant to the Florida Constitution. A county cannot be “dissolved” or partitioned.

A city is merely a creation of the Legislature. It is created by a special act of the legislature as an overlay. It has no State constitutional genesis. It must obey State Statutes, Rules, and Executive Orders unless excused. A city can further be restricted by a county charter and ensuing ordinances.

Accordingly, a city is at the bottom of the totem pole. It is neither a political subdivision of the State nor its respective county. It was created to provide urban services in conjunction with the State and county as a junior partner. Incorporation as a city is not a license to gore municipal and county utility ratepayers.

A city can be dissolved or have its charter changed by the Legislature at will, with the Governor’s consent. The voters need not approve. This State supremacy leaves the limited “home rule” of a city confined to only those areas not expressly or by implication preempted by either the State or the respective county.

The City of Gainesville is completely subservient to the will of our likewise-elected State governmental representatives. Our elected City of Gainesville officials have sworn to uphold this elementary constitutional reality, along with others.

Our current City Commission must accept the reality that our likewise-elected and omnipotent State representatives have both the prerogative and responsibility to shovel out the GRU barn as needed.

Jim Konish, Gainesville

The opinions expressed by letter or opinion writers are their own and do not necessarily represent the views of AlachuaChronicle.com. Letters may be submitted to info@alachuachronicle.com and are published at the discretion of the editor.

  • And last but not least, the city’s past elections in the springtime produced a turnout not representative of the citizens. Hence the one-party oligarchy and its abusive legacy we suffer from today.

    • Agree, yes well said Mr Konish! I have a feeling the last of the 3 King wannabes (Hanrahan, Poe, Ward) that have done soooo much destruction will be relieved on or about 01 Oct 2023! (A day which will live in infamy.) ward’s scared promises to go big on cuts hasn’t resulted in much at all. These lib, woke money wasters don’t have it in them to cut all salaries over $80k 15% and all over $100 20%. Then cut all purchases not absolutely necessary so that no “feel good” items are left. It’s an emergency NOW folks! Start cutting!!!

  • I hope King Poe and King FH and the Gainesville City Commission group read this article , twice.

    • That’s a lot of manure since Queen Hanrahan & co loaded up the GRU barn…too bad they can’t burn it in the biomass incinerator because we’d have fuel for years.

  • The city needs to stay out of the climate and social justice business…they went woke and went broke. That’s what happens when you take your orders from the UN instead of the State of Florida.

  • Even my Microbiology textbook at Santa Fe states that Biomass for fuel is not yet economical to produce (author: Robert Bauman)

  • It is difficult to accept Jim’s ‘letter’ as opinion when it is an abundantly factual expression through common language.

    Based upon the reportage of city commission dialogue it isn’t clear its members are aware of what they are actually sworn to.

    Perhaps a failed language arts curriculum is to blame for the GRU mess.

    • They used to take a loyalty oath to uphold the State & US constitutions if elected…these people take their orders from the UN & the devil. They don’t
      Believe in Jesus. Happy Easter.🐇

      • Perhaps, but it is becoming self-evident the commission is attached to a thick layer of sticky shame and someone should make book on which commissioner will leave the herd first.

        • I hope Saco goes first and the other diaper wearers. And don’t give me vulnerable people can wear them blah blah blah…thats just more biomass.

  • Jim, rather than promoting a hostile takeover by the traitors to Alachua County like Clemons and Perry – where neither could get elected without gerrymandered votes from outlying areas – you should run for office in Gainesville and fix the problems the usual way.

    Oh wait, you did that and lost?

    • It’s almost impossible for anyone with common sense to win a election in a left wing, woke area such as Gainesville or Alachua county will maybe not Alachua county any longer since we now have single member districts

    • Clemons served at least a couple of terms as a County Commissioner (he was elected). Now that I think about it, Cornell is almost like a shrunken-down, evil version of former Commissioner Chuck Clemons – like something out of the movie Phantasm. Of course it is Cornell and the three witches who could not get elected by the voters in their own individual districts.

      • Cornell is a “mini-me “of Dr. Evil Clemons? Cornell is still wearing the face diaper to keep the manure in.

  • You’re too kind. “Incorporation as a city is not a license to gore municipal and county utility ratepayers.”

    I would have inserted “rape” where you chose “gore.” It’s much more descriptive of the possible criminal acts they have and continue to do to the residents.

  • Such a Douche with zero reality of Fact or Basis.

    Please move back to New York City and Suck some Real Dung, there.

  • This letter should be printed, framed, and hung on every wall and door of city administration.

    • Poe, Hanrahan, any Commissioner who voted for biomass, and Poe’s enabling suck-ups (Hayes-Santos, and Arreola), should be officially banned from public office anywhere in FL for life!

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