Florida Senate - 2012                                   SJR 1070
       
       
       
       By Senator Ring
       
       
       
       
       32-01014-12                                           20121070__
    1                       Senate Joint Resolution                     
    2         A joint resolution proposing an amendment to Section 1
    3         of Article VIII of the State Constitution to authorize
    4         the imposition of term limits on constitutional county
    5         officers and county commissioners when provided by
    6         county charter.
    7  
    8  Be It Resolved by the Legislature of the State of Florida:
    9  
   10         That the following amendment to Section 1 of Article VIII
   11  of the State Constitution is agreed to and shall be submitted to
   12  the electors of this state for approval or rejection at the next
   13  general election or at an earlier special election specifically
   14  authorized by law for that purpose:
   15                            ARTICLE VIII                           
   16                          LOCAL GOVERNMENT                         
   17         SECTION 1. Counties.—
   18         (a) POLITICAL SUBDIVISIONS. The state shall be divided by
   19  law into political subdivisions called counties. Counties may be
   20  created, abolished, or changed by law, with provision for
   21  payment or apportionment of the public debt.
   22         (b) COUNTY FUNDS. The care, custody, and method of
   23  disbursing county funds shall be provided by general law.
   24         (c) GOVERNMENT. Pursuant to general or special law, a
   25  county government may be established by charter which shall be
   26  adopted, amended, or repealed only upon vote of the electors of
   27  the county in a special election called for that purpose.
   28         (d) COUNTY OFFICERS. There shall be elected by the electors
   29  of each county, for terms of four years, a sheriff, a tax
   30  collector, a property appraiser, a supervisor of elections, and
   31  a clerk of the circuit court. A; except, when provided by county
   32  charter or special law approved by vote of the electors of the
   33  county may provide for, any county officer under this subsection
   34  to may be chosen in another manner therein specified, or may
   35  abolish any county office under this subsection may be abolished
   36  when all the duties of the office prescribed by general law are
   37  transferred to another office. A county charter may also subject
   38  any county officer under this subsection to term limits. When
   39  not otherwise provided by county charter or special law approved
   40  by vote of the electors, the clerk of the circuit court shall be
   41  ex officio clerk of the board of county commissioners, auditor,
   42  recorder, and custodian of all county funds.
   43         (e) COMMISSIONERS. Except when otherwise provided by county
   44  charter, the governing body of each county shall be a board of
   45  county commissioners composed of five or seven members serving
   46  staggered terms of four years. A county charter may impose term
   47  limits on county commissioners. After each decennial census the
   48  board of county commissioners shall divide the county into
   49  districts of contiguous territory as nearly equal in population
   50  as practicable. One commissioner residing in each district shall
   51  be elected as provided by law.
   52         (f) NON-CHARTER GOVERNMENT. Counties not operating under
   53  county charters shall have such power of self-government as is
   54  provided by general or special law. The board of county
   55  commissioners of a county not operating under a charter may
   56  enact, in a manner prescribed by general law, county ordinances
   57  not inconsistent with general or special law, but an ordinance
   58  in conflict with a municipal ordinance shall not be effective
   59  within the municipality to the extent of such conflict.
   60         (g) CHARTER GOVERNMENT. Counties operating under county
   61  charters shall have all powers of local self-government not
   62  inconsistent with general law, or with special law approved by
   63  vote of the electors. The governing body of a county operating
   64  under a charter may enact county ordinances not inconsistent
   65  with general law. The charter shall provide which shall prevail
   66  in the event of conflict between county and municipal
   67  ordinances.
   68         (h) TAXES; LIMITATION. Property situate within
   69  municipalities shall not be subject to taxation for services
   70  rendered by the county exclusively for the benefit of the
   71  property or residents in unincorporated areas.
   72         (i) COUNTY ORDINANCES. Each county ordinance shall be filed
   73  with the custodian of state records and shall become effective
   74  at such time thereafter as is provided by general law.
   75         (j) VIOLATION OF ORDINANCES. Persons violating county
   76  ordinances shall be prosecuted and punished as provided by law.
   77         (k) COUNTY SEAT. In every county there shall be a county
   78  seat at which shall be located the principal offices and
   79  permanent records of all county officers. The county seat may
   80  not be moved except as provided by general law. Branch offices
   81  for the conduct of county business may be established elsewhere
   82  in the county by resolution of the governing body of the county
   83  in the manner prescribed by law. No instrument shall be deemed
   84  recorded until filed at the county seat, or a branch office
   85  designated by the governing body of the county for the recording
   86  of instruments, according to law.
   87         BE IT FURTHER RESOLVED that the following statement be
   88  placed on the ballot:
   89                      CONSTITUTIONAL AMENDMENT                     
   90                       ARTICLE VIII, SECTION 1                     
   91         TERM LIMITS ON CONSTITUTIONAL COUNTY OFFICERS AND COUNTY
   92  COMMISSIONERS WHEN PROVIDED BY COUNTY CHARTER.—The State
   93  Constitution currently provides for the election in each county
   94  of a sheriff, a tax collector, a property appraiser, a
   95  supervisor of elections, a clerk of the circuit court, and a
   96  board of county commissioners. The term of office for each such
   97  officer or county commissioner is 4 years with no term limits.
   98  This amendment to the State Constitution would authorize the
   99  imposition of term limits on those constitutional county
  100  officers and county commissioners when provided by county
  101  charter.