The Leon County Board of County Commissioners on Oct. 14 accepted a legal analysis finding that a full transfer of the Tallahassee Fire Department to the county would trigger Article 8, Section 4 of the Florida Constitution and thus require both the City and the County to adopt resolutions and for voters in each jurisdiction to approve the transfer in a dual referendum.

The county attorney told commissioners, “staff is recommending that the board accept the legal analysis, but not advance this issue to the Leon County Citizen Charter Review Committee.” The board voted unanimously to accept the analysis and not to forward the question to the committee.

Why it matters: Commissioners and staff have been discussing the future of fire services after the City of Tallahassee notified the county it would not renew the existing interlocal agreement. The legal opinion narrowed one procedural path for change: a complete transfer of the city fire department to county control would require specific constitutional steps, not a unilateral county action.

Board discussion focused on options and next steps rather than a full takeover. Commissioner Cummings praised the attorney’s review of constitutional provisions and relevant case law, saying the opinion made the path and hurdles clear. Commissioner Proctor proposed adding a review of county health‑care issues to the board retreat and later moved to add discussion of a hospital review; that substitute motion failed for lack of a second.

Several commissioners stressed they want information and options rather than an immediate structural change. Commissioner O'Keefe urged staff to continue pursuing a consultant study of alternatives and to present detailed options for the board’s consideration. Commissioner Maddox said he preferred negotiating a new service agreement with the city rather than the county operating the system.

The board also recorded a procedural vote tied to the item: Commissioner Maddox moved to accept the county attorney’s recommendation; Commissioner Cummings seconded; the motion passed unanimously.

The board asked staff to continue work on the full set of options, including financial analyses and operational scenarios, and to return with consultant findings before any policy decisions are made.