Florida Statutes
Fla. Stat. § 125.86 (2025)
County charters; legislative responsibilities.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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125.86 County charters; legislative responsibilities.—The legislative responsibilities and power of the county shall be assigned to, and vested in, the board of county commissioners and shall consist of the following powers and duties:
(1) Advise and consent to all appointments by the executive for which board confirmation is specified;
(2) Adopt or enact, in accordance with the procedures provided by general law, ordinances and resolutions it deems necessary and proper for the good governance of the county;
(3) Appoint a clerk to the board who shall serve at its pleasure and keep the records and minutes of the board;
(4) Approve the annual operating and capital budgets and any long-term capital or financial program;
(5) Conduct continuing studies in the operation of county programs and services and take action on programs for improvement of the county and the welfare of its residents;
(6) Adopt, and amend as necessary, a county administrative code to govern the operation of the county;
(7) 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. It is the specific legislative intent to recognize that a county charter may properly determine that certain governmental areas are more conducive to uniform countywide enforcement and may provide the county government powers in relation to those areas as recognized and as may be amended from time to time by the people of that county; and
(8) All 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.
Notes of Decisions
Cited in 6
cases (2 in the last 5 years), 1978–2024 · leading case: Sarasota Cnty. v. Town of Longboat Key, 355 So. 2d 1197 (Fla. 1978).
Sarasota Cnty. v. Town of Longboat Key, 355 So. 2d 1197 (Fla. 1978). “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).”
Broward Cnty. v. City of Fort Lauderdale, 480 So. 2d 631 (Fla. 1985). “§ 125.86(7), Fla. Stat. (1983). Dual referenda are necessary when the preemption goes beyond regulation and intrudes upon a municipality's provision of services.”
City of New Smyrna Beach v. Cnty. of Volusia, 518 So. 2d 1379 (Fla. 4th DCA 1988). “In quashing the decision of the district court of appeal, the supreme court reviewed the respective functions of section 1(g) and section 4 of Article VIII, and distinguished them thusly: We hold that section 1(g) permits regulatory preemption by counties, while section 4…”
City of Coconut Creek v. Broward Cty. Bd., 430 So. 2d 959 (Fla. 4th DCA 1983). “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.”
Robert Emerson v. Hillsborough Cnty., Florida, etc. & Stacy White v. Hillsborough Cnty., Florida, etc. (Fla. 2021). “This provision is found in section 125.86, Florida Statutes (2019), a statute establishing general legislative powers of the county commissions in charter counties.”
Pinellas Cnty., Florida v. Gary Joiner, etc. (Fla. 2024). “(2014); § 125.86(2), Fla. Stat. (2014), the power to take private property and appropriate it for a county purpose, § 127.”
— 125.86(2) — 1 case
Pinellas Cnty., Florida v. Gary Joiner, etc. (Fla. 2024). “(2014); § 125.86(2), Fla. Stat. (2014), the power to take private property and appropriate it for a county purpose, § 127.”
— 125.86(7) — 4 cases
Sarasota Cnty. v. Town of Longboat Key, 355 So. 2d 1197 (Fla. 1978). “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).”
Broward Cnty. v. City of Fort Lauderdale, 480 So. 2d 631 (Fla. 1985). “§ 125.86(7), Fla. Stat. (1983). Dual referenda are necessary when the preemption goes beyond regulation and intrudes upon a municipality's provision of services.”
City of New Smyrna Beach v. Cnty. of Volusia, 518 So. 2d 1379 (Fla. 4th DCA 1988). “In quashing the decision of the district court of appeal, the supreme court reviewed the respective functions of section 1(g) and section 4 of Article VIII, and distinguished them thusly: We hold that section 1(g) permits regulatory preemption by counties, while section 4…”
City of Coconut Creek v. Broward Cty. Bd., 430 So. 2d 959 (Fla. 4th DCA 1983). “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.”
— 125.86(8) — 2 cases
Pinellas Cnty., Florida v. Gary Joiner, etc. (Fla. 2024). “(2014); § 125.86(2), Fla. Stat. (2014), the power to take private property and appropriate it for a county purpose, § 127.”
Robert Emerson v. Hillsborough Cnty., Florida, etc. & Stacy White v. Hillsborough Cnty., Florida, etc. (Fla. 2021). “This provision is found in section 125.86, Florida Statutes (2019), a statute establishing general legislative powers of the county commissions in charter counties.”
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