CopyCited 17 times | Published | Supreme Court of Florida
...lution of all affected governments. Sarasota County suggests that charter counties are excluded from Article VIII, Section 4 by reason of Article VIII, Section 1(g), or alternately that the transfer requirements of Article VIII, Section 4 are met by Section 125.86(7), Florida Statutes (1975)....
...over the specific provisions of Article VIII, Section 4. We hold that Section 4 applies both to charter and non-charter counties. We also reject the county's assertion that Article VIII, Section 4 contemplates a law of general applicability such as Section 125.86(7), by which counties may accomplish the transfer of municipal functions by county resolution....
...the procedure in Section 4 that the "by law" reference connotes the need for a separate legislative act addressed to a specific transfer, in the same manner that two or more resolutions of the affected governments would address a specific transfer. Section 125.86(7), in contrast, does no more than provide general authority for county commissions to exercise police powers....
CopyCited 2 times | Published | Florida 4th District Court of Appeal
...nflict, both the municipal ordinance and the county ordinance shall be effective, each being deemed supplemental, one to the other. (Emphasis supplied.) The challenged provisions of Section 5-198 deal, of course, with land use planning. In addition, section 125.86(7), Florida Statutes (1981), provides that charter counties have the power to: Adopt, pursuant to the provisions of the charter, such ordinances of countywide force and effect as are necessary for the health, safety, and welfare of the residents....
CopyPublished | Supreme Court of Florida
...We are also unpersuaded by the argument offered by proponents of article
11 based on the statutory provision that authorizes charter limitations on the broad
general legislative powers granted to county commissions. This provision is found
in section 125.86, Florida Statutes (2019), a statute establishing general legislative
powers of the county commissions in charter counties....
...After enumerating a
number of powers, the statute provides that the legislative powers of county
commissions extend to “[a]ll other powers of local self-government not
inconsistent with general law as recognized by the Constitution and laws of the
state and which have not been limited by the county charter.” § 125.86(8)....
...power conferred directly on the county commission, as distinct from the county, in
a statute that authorizes the enactment of the surtax—but not the allocation of
funds—by charter amendment. Nothing supports the conclusion that the general
provisions of section
125.86 defeat the specific provisions of the surtax statute.
-16-
Article 11’s elaborate scheme to control the distribution and use of surtax
proceeds cannot be reconciled with the authority granted to the county commission
by section
212.055(1)(d)....
CopyAgo (Fla. Att'y Gen. 1981).
Published | Florida Attorney General Reports
...opted? 4. May a county charter validly require that the salaries of county officers be provided by ordinance as mandated by s.
125.83 (4), F.S.? 5. Must the executive responsibilities and the legislative responsibilities as set out in ss.
125.85 and
125.86 , F.S., be included in the proposed Hillsborough County charter verbatim, or may they be altered or adjusted to accommodate, amplify or facilitate the particular optional form of government chosen? 2....
...the governing body of a home rule charter county the power to fix by ordinance the compensation or salaries of all county officers. 5. The general executive and legislative responsibilities, functions, powers and duties prescribed by ss.
125.85 and
125.86 , F.S., must be included in and defined by a county home rule charter adopted under part IV of ch....
...Town of Longboat Key, supra , the county contended that charter counties were excluded from the transfer of powers provisions of s. 4, Art. VIII, State Const. (referring in material part to `a county') by reason of s. 1(g), Art. VIII, or alternately that the transfer requirements of s. 4, Art. VIII, were met by s. 125.86 (7), F.S., which vests the board of county commissioners with the power to: Adopt, pursuant to the provisions of the charter, such ordinances of countywide force and effect as are necessary for the health, safety, and welfare of the residents....
...of government, s. 1(g), Art. VIII alone governed its powers. The Supreme Court disagreed and held that s. 4, Art. VIII applies both to charter and noncharter counties. On the county's assertion that s. 4, Art. VIII contemplated a general law such as s. 125.86 (7), F.S., by which counties might accomplish a transfer of municipal functions by county resolution, the court held that the `by law' reference in s. 4, Art. VIII, connotes the need for a separate legislative act or statute addressed to a specific transfer of a function or power and that s. 125.86 (7), F.S., `does no more than provide general authority for county commissions to exercise police powers.' Analogously, the provisions of s....
...Section
125.83 (1), F.S., plainly provides that a county home rule charter may prescribe one of the optional forms of government enumerated in s.
125.84 and ` shall clearly define the responsibility for legislative and executive functions [as enumerated in s.
125.85 and s.
125.86 ] in accordance with the provisions of [ch....
...xecutive responsibilities assigned by the charter . Section
125.81 (2) defines `form of county government' to mean `that form . . . providing for the operation of a county government operating under a charter which shall be provided in the charter.' Section
125.86 requires the prescribed legislative responsibilities to be assigned to and vested in the board of county commissioners which, in addition to the other listed powers, shall have all other powers of local self-government (not inconsisten...
...or by ordinance or resolution of the board [of county commissioners].' (Emphasis supplied.) From a reading of part IV of ch. 125 , F.S., in its entirety, it becomes apparent to me that the executive and legislative powers delegated by ss.
125.85 and
125.86 , respectively, are general in nature and scope and the executive and legislative duties imposed by ss.
125.85 and
125.86 , respectively, likewise, are general in scope....
...question, and to effectuate the specific administrative details and procedures in the execution and enforcement of the general powers and duties prescribed by the county home rule charter, unless otherwise limited by the charter. Both ss.
125.85 and
125.86 , F.S., specify that the respective responsibilities and powers of the county ` shall consist of the following powers and duties' (emphasis supplied) and s....
...owers and duties as defined in and prescribed by the proposed county home rule charter may not be inconsistent with or contravene the general powers and duties or jurisdictional executive and legislative responsibilities prescribed by ss.
125.85 and
125.86 , F.S., or any other section or sections of part IV of ch....
...1975). Along the same line, the Legislature is presumed to know the meaning of words and to have expressed its intent by the use of particular words found in a statute. Thayer v. State, supra . By the use of the imperative `shall' in both ss.
125.85 and
125.86 , F.S., it appears that the Legislature intended that no alteration of or deviation from those responsibilities, functions, powers and duties prescribed by it be made in the formulation and adoption of an optional county charter or optional form of county government pursuant to part IV of ch....
...See also the additional requirements for the charter set forth in s.
125.83 , F.S. Unless and until judicially determined otherwise, I therefore conclude that the general executive and legislative responsibilities, functions, powers and duties prescribed by ss.
125.85 and
125.86 , F.S., must be included in and defined by a county home rule charter adopted under part IV of ch....
