Miami-Dade county law and government

Since its formation in 1957, Miami-Dade County, Florida has had a two-tier system of government. Under this system, Miami-Dade comprises a large unincorporated area and 35 incorporated areas or municipalities. Each municipality has its own government and provides such city-type services as police and zoning protection.

State voters amended the State of Florida’s Constitution in 1956 to allow for a Home Rule Charter. Dade County was granted the power to create commission districts, pass ordinances, create penalties, levy and collect taxes to support a centralized metropolitan form of government. The Board of County Commissioners may create municipalities, special taxing districts and other boards or authorities as needed.

The Home Rule Charter for Miami-Dade County was adopted by referendum on May 21, 1957. This predates the 1968 revision to the Florida Constitution, which radically altered home rule.

On November 13, 1997 voters changed the name of the county from Dade to Miami-Dade to acknowledge the international name recognition of Miami.

Unlike a consolidated city-county, where the city and county governments merge into a single entity, these two entities remain separate. Instead there are two "tiers", or levels, of government: city and county. There are 35 municipalities in the county, the City of Miami being the largest.

Cities are the "lower tier" of local government, providing police and fire protection, zoning and code enforcement, and other typical city services within their jurisdiction. These services are paid for by city taxes. The County is the "upper tier", and it provides services of a metropolitan nature, such as emergency management, airport and seaport operations, public housing and health care services, transportation, environmental services, solid waste disposal etc. These are funded by county taxes, which are assessed on all incorporated and unincorporated areas.

Of the county's 2,496,435 total residents (as of 2010)[1], approximately 52% live in unincorporated areas, the majority of which are heavily urbanized. These residents are part of the Unincorporated Municipal Services Area (UMSA). For these residents, the County fills the role of both lower- and upper-tier government, the County Commission acting as their lower-tier municipal representative body. Residents within UMSA pay an UMSA tax, equivalent to a city tax, which is used to provide County residents with equivalent city services (police, fire, zoning, water and sewer, etc.). Residents of incorporated areas do not pay UMSA tax.

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