Florida/Georgia Personal Injury & Workers Compensation

govern themselves. *211 The first sentence of Section 125.01(1), Florida Statutes, (1975), grants to the

specifically so held with reference to counties. Section 125.01, Florida Statutes, F.S.A., provides that county

Merit Board, 21 F.E.P. 731 (N.D.Ill.1979). . Fla.Stat. 125.01 prescribes the powers and duties of a county

treasurers. The latest compilation of our laws, Section 125.01, Florida Statutes, 1941, and F.S.A. contains

employee and the production of official records". Section 125.01(1)(s), Florida Statutes (1975). In accomplishing

area only. The cities were proceeding under section 125.01(6)(a) of the Florida Statutes, a section which

(Emphasis added.) The implementing statute, section 125.01(1), Florida Statutes (1989), provides the governing

the Florida Constitution, as implemented by Section 125.01(6)(a), (b), Florida Statutes (1975), impose

accorded counties broad self-governing powers. Section 125.01(1), Florida Statutes (1999), "grants to the

Dade County to enact of the bingo ordinance. Section 125.01, Florida Statutes, which establishes the power

ordinances. See Art. VIII, § 1(f), (g), Fla. Const.; § 125.01(3), Fla. Stat. (2003); St. Johns County v. N.E

Section 1(g) of the Florida Constitution, Section 125.01(1)(o) and (w) of Florida Statutes 1987, and

violation of which can subject a defendant to a fine. § 125.01(1)(t), Fla. Stat. (1991). See Thomas v. State

not necessary to our holding, we take note of section 125.01, Florida Statutes (1991), the general law granting

See generally art. VIII, § 1(f), Fla. Const.; § 125.01(1)(r), Fla. Stat. (1997); State v. City of Port

Section 1(f), of the Florida Constitution and Section 125.01(l)(o) and (w) of the Florida Statutes (1981)

disposal are expressly authorized by statute. Section 125.01(1)(q), Florida Statutes (1975), provides in

authorizing such a revenue bond issue. F.S. Section 125.01(1), (c), (r), (t), F.S.A., empowers noncharter

enumerated among those delegated to the counties by section 125.01, Florida Statutes (1989). We agree. Article

imposed the special assessments pursuant to section 125.01(1)(q)2., Florida Statutes (1989). Each ordinance

Sections 125.01 and 163.3161, Florida Statutes. Section 125.01(1)(m) & (w), Florida Statutes (1981), provide:

unincorporated areas of the county pursuant to general law. § 125.01(1)(o), Fla. Stat. (1993). Pertinent general law

approval of `all accounts' against the county. (Section 125.01[12], Florida Statutes [F.S.A.]), and the budgeting

based upon the powers granted to the County by section 125.01, Florida Statutes (2006).[5] We agree with

law." Among the powers enumerated by Fla.Stat. § 125.01(1) are to (t) adopt ordinances and resolutions

have precipitated passage of one feature of Section 125.01(1)(q). We there noted that the distinction

regulate toll roads and bridges. § 125.01(1)(m). It may issue bonds. § 125.01(1)(r). Bonds that it issues

invalid because the County had no power under section 125.01, Florida Statutes (2000), or Article III of

elections supervisor) look for authority to section 125.01, Florida Statutes (1987), which sets forth

the County has the authority to issue bonds. See § 125.01(1)(r), Fla. Stat. (1997) ("The legislative and

of the Constitution, supra, and delegated under § 125.01(1)(f), (1)(w) and (3)(b), Fla. Stat., which provide

state and county officers. They claim that by Section 125.01, Florida Statutes, F.S.A., the powers and duties

five units has a different millage rate. [6] § 125.01(1)(q), Fla. Stat. (1975), authorizes a county

(except for ad valorem taxes) by general law. F.S. 125.01(1)(r) (1973) states also that counties may only

created by Highlands County Ordinance 74-4. See § 125.01(1)(q), Fla. Stat. (1973) (granting counties authority

96 (Fla. 1st DCA 1994), we determined that section 125.01(1), Florida Statutes, gives counties broad

The primary issue we must decide is whether section 125.01(q), Florida Statutes (1977), which authorizes

unincorporated areas." The implementing legislation, Section 125.01, Florida Statutes as presently amended and

the City. On the other hand, paragraph 4 of Section 125.01 Florida Statutes Annotated, in defining the

powers and under section 125.01(1)(d), Florida Statutes (1993). Pursuant to section 125.01(1)(q), the county

Chapter 69-805, Laws of Florida, Special Acts, Section 125.01, Florida Statutes, and a home rule ordinance

unincorporated areas within the County. [3] Section 125.01(1)(q), Florida Statutes (1995), provides that

specifically so held with reference to counties. Section 125.01, Florida Statutes, F.S.A., provides that county

VIII, section 1(g), Florida Constitution, and section 125.01(1)(f), Florida Statutes. The City also relies

ordinance and general or special law. Admittedly, section 125.01(1)(o), Florida Statutes, when read without

deficient because the county failed to comply with section 125.01(1)(q)2, Florida Statutes (1989), and requested

for all unincorporated areas of the county. Section 125.01(1)(g), Florida Statutes (1975). No body existed

affirm. Counties are authorized pursuant to section 125.01(1)(q) of the Florida Statutes (1997) to levy

inconsistent with section 125.01(1)(k)(1), Florida Statutes (1995). Section 125.01(1) states that the

special law. Art. VIII, § 1(f), Fla. Const. Section 125.01(1), Florida Statutes (1995), provides that

to expend funds, among other things. Fla. Stat. § 125.01. Defendant Heinrich has failed to establish that

non-charter county had the authority, under Fla. Stat. § 125.01(1)(r), F.S.A., to issue bonds without any other

the real estate so advertised to be sold.... Section 125.01(1), Florida Statutes (1997), empowers the County

1(g) of the Florida Constitution, as well as section 125.01(3)(a) and (b), Florida Statutes (1989). Both

and 6(d), Florida Constitution (1968), and Section 125.01, Florida Statutes. Prior to 1973, the Marion

shall be a board of county commissioners." Section 125.01 of the Florida Statutes provides that "[t]he

dictate how a county conducts its business. See § 125.01(1)(t), Fla. Stat. (1995) ("The legislature and

created pursuant to the County’s authority under section 125.01, Florida Statutes (2007). The County created

county governments, the legislature amended Section 125.01, Florida Statutes (1973), by the enactment

(1983); Ch. 85-55, § 6 Laws of Fla. Further, section 125.01(1), Florida Statutes (1983) also empowers counties

deficient because the County failed to comply with section 125.01(1)(q)(2), Florida Statutes (1989), and demanding

by the county commission, directly violates section 125.01(1)(r), Florida Statutes, which provides, inter

creating the Marion Oaks MSTU, does so under section 125.01(1)(q), Florida Statutes, "for the purpose of

DCA 1982); 8A Am.Jur.2d Bail and Recognizance § 125. [1] I too agree with the majority that this trial

regulate the development of these islands through section 125.01(l)(g), and that IITF has usurped that power

"municipal service" provided to that unit. Section 125.01(1)(q), Florida Statutes (1975). Alternatively

with general law. Art. VIII, § 1(f), Fla. Const.; § 125.01(1)00, Fla. Stat. (“The ... county shall have the

the power of the Board of County Commissioners. § 125.01(1)(q), Fla. Stat. (1987) (county has authority

privileges not specifically prohibited by law. § 125.01(1), Fla. Stat. (1993). With reference to "saltwater

municipal services benefit unit (MSBU), pursuant to section 125.01(1)(q), Florida Statutes (1997).[2] On appeal

hospital in Leon County. ECF No. 48-1, at 80. . See § 125.01(1), Fla. Stat. (2015). This section sets out a

"District"), a special district authorized by Fla. Stat. § 125.01(5) and anticipated by the Interlocal Agreement

the funds for the entity are derived from. Section 125.01 of the Florida Statutes grants to counties

section 1(f) of the state constitution and section 125.01 of the Florida Statutes. Even if some counties

and sell or exchange real or personal property.” § 125.01(3)(a), Fla. Stat. (2017). Chapter 125 then sets

counties under section 125.01(1), Florida Statutes (2005) (emphasis *982 added). Under section 125.01(1), the

Additionally, we reject Shetler's contention that section 125.01(1)(w), Florida Statutes, is an unconstitutional

(County), pursuant to the zoning authority under section 125.01(1)(h), Florida Statutes. The DR zoning allowed

of the County. Art. VIII, § 1(e), Fla. Const.; § 125.01, Fla. Stat. (2017). The Clerk is a constitutional

these funds.” With respect to investigations, section 125.01 (l)(s), Florida Statutes (2007), gives the

codifies the County’s broad home rule powers. Section 125.01, Florida Statutes, in pertinent part, states:

subsequently enacted Chapter 163, and the amendment to section 125.01, which granted zoning authority to county commissioners

this interlocutory appeal dismissed. See F.S. Section 125.01, F.S.A.; State ex rel. Wilcox v. T. O. La.

district. This is particularly true in light of § 125.01(10), Laws of Florida, 1971: “(10) establish and

power to provide and maintain county buildings. § 125.01(l)(c), Fla.Stat. (1977). It is also the County’s

was decided, such a statute indeed existed as section 125.01(4), Florida Statutes, which provided that one

of county commissioners has this authority. Section 125.01(1)(e), F. S. Jackson Memorial Hospital is definitely

within the limits fixed for municipal purposes." Section 125.01(1)(q), F.S., authorizes the governing body

ordinance pursuant to the authority granted by section 125.01(5), Florida Statutes (Supp.1974). The former

persons taking part in a litter control campaign. Section 125.01, F.S., implements the provisions of s 1(f)

audience to see her. This office recognized that section 125.001, Florida Statutes, required that meetings of

use in connection with sanitary landfills.3 Section 125.01, Florida Statutes, gives counties the power

the county in order to finance the project. Section 125.01(1), Florida Statutes, gives counties the power

Justice. Three cities and a town filed suit under section 125.01(6), Florida Statutes (1975), which implements

valid statute). 6 See, Footnote 4, supra. 7 Section 125.01(1)(r), F.S. 8 See, s. 9(b), Art. VII, State

appear to be a municipal service. For example, section 125.01(1)(q), Florida Statutes, authorizing the establishment

in pari materia with Section 125.01(1)(b), Florida Statutes (1975). Section 125.01(3), Florida Statutes

electors of the municipal service benefit unit. Section 125.01(1)(q)1., F.S., authorizes the board of county

VIII, Section 1(h), Florida Constitution and section 125.01(7), Florida Statutes (1985), was utilizing

filed with the Dade County Commission pursuant to § 125.-01(6), Fla.Stats., and identifying fire and rescue

improvements on these private roads and easements. Section 125.01(1)(r), F.S. (1984 Supp.), among other things

the annual compensation of county officers. 5 Section 125.01(1)(v), Fla. Stat. 6 See, s. 129.03, Fla. Stat

rate for municipal services within that unit. Section 125.01(1)(q), F.S., authorizes the board of county

of using the provisions of Chapter 157 and section 125.01(1)(q), Florida Statutes, has been discussed

MUNICIPAL SERVICE TAXING UNIT CREATED PURSUANT TO SECTION 125.01(1)(q), FLORIDA STATUTES? 2. IS THE HOMESTEAD

January 31, 2012, on the topic pursuant to section 125.01(1)(y), Florida Statutes. Gretna Racing reads

January 31, 2012, on the topic pursuant to section 125.01(l)(y), Florida Statutes. Gretna Racing reads

county in the board of county commissioners. Section 125.01, F.S., vests power to carry on county government

citizens to the board of county commissioners. Section 125.01(1)(r), Florida Statutes, in setting forth the

liberal construction provisions in s.125.01(3). Section 125.01(1)(f) authorizes a county to: Provide

Brevard County Free Public Library District. 4 Section 125.01(1)(q), Fla. Stat., authorizes a county to

inquiring about the possible repaving of the road. Section 125.01(1)(r), Florida Statutes, in setting forth the

maintenance, and development of such roads. Section 125.01(1)(m) and (r) and (3), F. S. The Florida Transportation

1(f), Florida Constitution, as implemented by section 125.01, Florida Statutes, its taxing power is derived

municipal service taxing units pursuant to section 125.01(1)(q), Florida Statutes, for the purpose of

Robert A. Butterworth Attorney General (ls) 1 Section 125.01(1)(e), F.S. (1988 Supp.). 2 While you describe

City of Gainesville executed pursuant to F.S. § 125.01(1), F.S.A., in order to alleviate over-crowding

employs an independent auditing firm pursuant to Section 125.01(1)(x), Florida Statutes (1975)." Alachua County

expanded or altered the district's boundaries. Section 125.01(5) authorizes the governing body of a county

agreement be made only on a temporary basis. Section 125.01(1), F.S., states that the legislative and governing

therefore rejected Gretna Racing’s reliance on section 125.01(1)(y), Florida Statutes (2013), which permits

including those under the twenty-first amendment." Section 125.01(1)(o), Florida Statutes, empowers the county

counties are generally authorized pursuant to section 125.01(1), Florida Statutes, to "carry on county government"

of such county pursuant to s. 125.01(1)(z). Section 125.01(1)(z), F.S., provides that the legislative

County to utilize alternative (3), provided by Section 125.01(6)(a), Florida Statutes (1983) (the rebate

Article VII, section 9, Florida Constitution, and section 125.01, Florida Statutes, the opinion concluded that

public hearing, § 166.041, Fla.Stat. (1989); § 125.001, Fla.Stat. (1989); see Yarbrough v. Young, 462

assessments may be imposed to fund such service. Section 125.01(1)(q)1., F.S., authorizes a county to establish

broad powers to carry on county government. Section 125.01(1), Florida Statutes, provides that "[t]he

County Commissioners are authorized by F.S. section 125.01(5), F.S.A. “To alter, lay out, maintain, establish

the authority to grant affirmative relief. Section 125.01(1), F. S., which establishes the general powers

to noncharter counties by the Legislature. Section 125.01(1), F. S., spells out the general powers of

County Commissioners with respect to roads under Section 125.01 of the Florida Statutes, F.S.A., the several

retain counsel and set their compensation. Section 125.01(1), F.S., does not require competitive bidding

limitations, as may be provided by general law.' Section 125.01(1)(r), F. S. Moreover, the enumeration of power

reimbursement of county funds to the MSBU.2 Section 125.01(1)(q), Fla. Stat. (1993), authorizes the legislative

special district to provide such services. Section 125.01(5)(a), F.S., authorizes a county commission

find the authority claimed by appellee within section 125.01(l)(m), which, among other things, grants to

act through the exercise of home rule power. Section 125.01(1), F.S., specifically provides that the legislative

services from county-wide property taxes, and § 125.01(7), Florida Statutes, prohibits the funding of

your question is answered in the affirmative. Section 125.01(1), F. S., in pertinent part provides:

used and that the county benefited therefrom. Section 125.01, Florida Statutes, F.S.A., gives the Board

used and that the county benefited therefrom. Section 125.01, Florida Statutes, F.S.A., gives the Board

employs an independent auditing firm pursuant to Section 125.01(1)(x), Florida Statutes (1975)." As the Court

"District"), a special district authorized by Fla. Stat. § 125.01(5) and anticipated by the Interlocal Agreement

that Florida law gives counties generally. See § 125.01(1)(n), Fla. Stat. (2024). Armed with that authority

1946); AGO's 058-228 and 073-374;cf. AGO 078-77. Section 125.01(1)(c) empowers a noncharter county to `[p]rovide

respective spheres. Counties have the power to tax, § 125.01(1)(r), Fla. Stat. (2014); § 125.016, Fla. Stat

Section 1, Ch. 92-90, Laws of Fla., added section 125.01(1)(bb), Florida Statutes, which authorizes

...a had the effect of becoming an official action, there was a violation of s. 286.011 , F.S. 12 See, Government-in-the-Sunshine-Manual, p. 32, Vol. 11, 1989 edition. 13 Attorney General Opinion 83-100. Such a conclusion was based on the provisions of s. 125.001 , F.S., and the rule requiring the presence of a quorum in order to conduct business. See, s. 125.001 , F.S., which provides that "[u]pon the giving of due public notice, regular and special meetings of the board may be held at any appropriate public place in the county." And see, 20 C.J.S....

board of county commissioners. Pursuant to section 125.01(1)(d), Florida Statutes, the board of county

exchange real or personal property recognized in section 125.01(3), Florida Statutes. In light of the discussion

Constitution and stated: The first sentence of Section 125.01(1), Florida Statutes (1975), grants to the

county seat are permissible. Question One Section 125.001, Florida Statutes, provides: "Upon the giving

regulated by St. Johns County.1 Question One Section 125.01(1)(k), Florida Statutes, provides that counties

meetings utilizing the current technology. Section 125.001, F.S., provides that regular and special meetings

place of its official meetings." Section 125.01(1)(a), F.S. Section 125.01(1), F.S., grants to the governing

qualified and registered electors in such county. Section 125.01(1)(f), F.S., however, empowers the county to

beverages in the incorporated area of the county. Section 125.01(l)(o), Florida Statutes, authorizes counties

costs of inmates of the Monroe County jail. Section 125.01(1), F.S., provides in part that the "legislative

48 Fla.Jur.2d Special Assessments s. 1. 7 Section 125.01(1)(f), F.S. (1990 Supp.). 8 Section 266.108

Olson, 367 So.2d 207 (Fla. 1978) (provision of section 125.01[1] grants to the governing body of a county

operating budget for the succeeding fiscal year. Section 125.01(1)(v), F. S. (1974 Supp.). See also s. 218

found in general or special law); AGO 79-5 (section 125.01[1][r], F.S., empowers counties to levy ad valorem

...taken. 4 The courts have recognized that for a meeting to be public, the public must be given advance notice and provided a reasonable opportunity to attend. 5 There are statutes that limit where governmental board meetings may be held. For example, section 125.001 , Florida Statutes, provides that meetings of a board of county commissioners "may be held at any appropriate public place in the county." School board meetings are to be held in the office of the district school superintendent or in...

construed in Cleary to implement this provision, section 125.01(4), Florida Statutes (1941), was modified prior

1(f), Florida Constitution, as implemented by section 125.01, Florida Statutes, its taxing power is derived

as is provided by general or special law."4 Section 125.01(1), F.S., in implementing this constitutional

control district could be created pursuant to section 125.01, Florida Statutes. . . . All sections in chapter

1(f), Art. VIII, State Const.; AGO 83-26. Section 125.01, F.S., which sets forth generally the powers

be included on a ballot with other issues. Section 125.01, Florida Statutes, authorizes noncharter counties

levy other taxes . . . . (Emphasis supplied.) Section 125.01(1)(r), F. S., empowers counties to levy ad

effectuate that authority: "The first sentence of Section 125.01(1), Florida Statutes, (1975), grants to the

prosecute and defend legal causes of action, § 125.01, F.S.A. The controlling statute for service on

your question is answered in the affirmative. Section 125.01(1), F. S., provides in part: The legislative

and operate a private, for-profit prison. 1 Section 125.01(1)(w), F.S. 2 See, s. 10, Art. VII, State Const

commission to carry out the enumerated power. Section 125.01(1), F. S., which establishes the general powers

583 So.2d 635, 642 (Fla.1991) (holding that section 125.01(1), Florida Statutes (1989), is to be liberally

of `county officers shall be fixed by law.' Section 125.01(1)(r), R.S., specifically provides that a county

VIII, section 1, Florida Constitution, and section 125.01, Florida Statutes, but recognized that such

provisions of section 381.00655, Florida Statutes. Section 125.01(1)(k)1., Florida Statutes, authorizes noncharter

their inclusion in certain special districts. Section 125.01(1), Florida Statutes (1994 Supp.), authorizes

of the County. Art. VIII, § 1(e), Fla. Const.; § 125.01, Fla. Stat. (2017). The Clerk is a constitutional

county pursuant to s 125.01(5). QUESTION ONE Section 125.01(5)(a), F.S., authorizes the governing body

municipal service taxing or benefit units. Section 125.01(1)(q), F. S., does not entitle the `municipal

the annual compensation of county officers. 6 Section 125.01(1)(v), F.S. 7 See, s. 129.03, F.S. 8 351 So

PHYSICALLY PRESENT IN THE BOARD MEETING ROOM? Section 125.001, F.S., provides that "[u]pon the giving of

limits fixed for municipal purposes. (e.s.) Section 125.01(1)(q)1. and (r), F.S., authorizes counties

of the county. Art. VIII, § 1(h), Fla.Const.; § 125.01(6)(a), (b), Fla.Stat. (1977). However, the Supreme

...ous medical condition and the presence otherwise of a quorum at the public meeting place. While the City of Miami Beach may not be subject to a statutorily imposed requirement for the physical presence of a quorum at meetings such as that present in section 125.001 , Florida Statutes, the code of ordinances reflects such a requirement....

...rd matters by electronic means if they are unable to attend as long as a quorum of the members of the board is physically present at the meeting site. Sincerely, Richard E. Doran Attorney General RED/twd 1 See , s. 120.54 (5)(b)2., Fla. Stat. 2 See, section 125.001 , Fla....

is to be determined by the type of parcel. Section 125.01(1)(r), F.S., among other things, provides that

preexisting fire district are altered or expanded. Section 125.01(5)(a), F.S. (1980 Supp.), provides: To

light of section 125.01, Florida Statutes,1 observed: The first sentence of section 125.01(1), Florida

Article XIII of our Constitution, F.S.A., and Section 125.01, Florida Statutes, F.S.A., to care for the

improvements. Art. VIII, § 1(f), Fla. Const.; § 125.01, Florida Statutes (2007); see also, e.g., City

liability insurance. See also s.768.28(10), F. S. Section 125.01(1)(b), F. S., authorizes the county governing

possesses in order to carry on county government. 3 Section 125.01(3)(a), F.S. 4 Section 125.35, F.S. (1975),

Implementing this constitutional provision, section 125.01(1), Florida Statutes, states that "[t]he legislative

Implementing this constitutional provision, section 125.01(1), Florida Statutes, states that "[t]he legislative

questions or propositions on the ballot. See § 125.01(1)(y), Fla. Stat. (2023). School boards do not

by, any person adversely interested." 7 See, section 125.01(1)(h), F.S. (1993), authorizing counties to

State Const., which include the tax collector. Section 125.01, F. S., provides that counties are authorized

"municipal purposes" without voter approval). Section 125.01(1)(q), F.S., authorizes the governing body

provide waste and sewage collection and disposal. Section 125.01(1)(k), F.S. (1980 Supp.).See also s. 125.01(1)(p)

power to enact the ordinance pursuant to Florida Statute 125.01(1)(w) . . . the power to tax should not

Florida; and Florida Statutes, Chapter 125, Section 125.01, Chapter 163, Part II, and Chapter 177, Section

as is provided by general or special law."12 Section 125.01(1), Florida Statutes, implements this constitutional

See, e.g., AGO's 81-48, 73-487 and 72-287. Section 125.01, F.S., which was substantially reworded by

provide for county prisoners. Question Two Section 125.01(1)(q), Florida Statutes (1990 Supplement),

provide for the delegation of such power. Section 125.01, F.S., which relates to the powers and duties

officers. The county commission had relied upon section 125.01(1)(s), Florida Statutes, which authorizes the

same zone are subject." (emphasis supplied) Section 125.01, Florida Statutes, sets forth the powers and

a contractual arrangement with the county. Section 125.01(1)(p), F.S., authorizes the legislative and