House Bill 4313

CODING: Words stricken are deletions; words underlined are additions.







    Florida House of Representatives - 1998               HJR 4313

        By Representative Logan






  1                      House Joint Resolution

  2         A joint resolution proposing an amendment to

  3         Section 1 of Article VIII of the State

  4         Constitution relating to counties.

  5

  6  Be It Resolved by the Legislature of the State of Florida:

  7

  8         That the amendment to Section 1 of Article VIII of the

  9  State Constitution set forth below is agreed to and shall be

10  submitted to the electors of Florida for approval or rejection

11  at the general election to be held in November 1998:

12         SECTION 1.  Counties.--

13         (a)  POLITICAL SUBDIVISIONS.  The state shall be

14  divided by law into political subdivisions called counties.

15  Counties may be created, abolished or changed by law, with

16  provision for payment or apportionment of the public debt.

17         (b)  COUNTY FUNDS.  The care, custody and method of

18  disbursing county funds shall be provided by general law.

19         (c)  GOVERNMENT.  Pursuant to general or special law, a

20  county government may be established by charter which shall be

21  adopted, amended or repealed only upon vote of the electors of

22  the county in a special election called for that purpose.

23         (d)  COUNTY OFFICERS.  There shall be elected by the

24  electors of each county, for terms of four years, a sheriff, a

25  tax collector, a property appraiser, a supervisor of

26  elections, and a clerk of the circuit court; except, when

27  provided by county charter or special law approved by vote of

28  the electors of the county, any county officer may be chosen

29  in another manner therein specified, or any county office may

30  be abolished when all the duties of the office prescribed by

31  general law are transferred to another office. When not

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998               HJR 4313

    238-261-98






  1  otherwise provided by county charter or special law approved

  2  by vote of the electors, the clerk of the circuit court shall

  3  be ex officio clerk of the board of county commissioners,

  4  auditor, recorder and custodian of all county funds.

  5         (e)  COMMISSIONERS.  Except when otherwise provided by

  6  county charter, the governing body of each county shall be a

  7  board of county commissioners composed of five or seven

  8  members serving staggered terms of four years.  After each

  9  decennial census the board of county commissioners shall

10  divide the county into districts of contiguous territory as

11  nearly equal in population as practicable.  One commissioner

12  residing in each district shall be elected as provided by law.

13         (f)  NON-CHARTER GOVERNMENT.  Counties not operating

14  under county charters shall have such power of self-government

15  as is provided by general or special law.  The board of county

16  commissioners of a county not operating under a charter may

17  enact, in a manner prescribed by general law, county

18  ordinances not inconsistent with general or special law, but

19  an ordinance in conflict with a municipal ordinance shall not

20  be effective within the municipality to the extent of such

21  conflict.

22         (g)  CHARTER GOVERNMENT.

23         (1)  Counties operating under county charters shall

24  have all powers of local self-government not inconsistent with

25  general law, or with special law approved by vote of the

26  electors.  The governing body of a county operating under a

27  charter may enact county ordinances not inconsistent with

28  general law.  The charter shall provide which shall prevail in

29  the event of conflict between county and municipal ordinances.

30         (2)  Notwithstanding any provision of paragraph (1) or

31  of the Metropolitan Dade County Home Rule Charter adopted

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998               HJR 4313

    238-261-98






  1  pursuant to Article VIII, Section 11, of the Constitution of

  2  1885, as amended, a portion of the area included in the

  3  Metropolitan Dade County Home Rule Charter may be removed from

  4  charter status and created as a separate county by general law

  5  upon referendum approved by a majority vote of the qualified

  6  electors of the area seeking to be removed from charter status

  7  and created as a separate county.

  8         (h)  TAXES; LIMITATION.  Property situate within

  9  municipalities shall not be subject to taxation for services

10  rendered by the county exclusively for the benefit of the

11  property or residents in unincorporated areas.

12         (i)  COUNTY ORDINANCES.  Each county ordinance shall be

13  filed with the secretary of state and shall become effective

14  at such time thereafter as is provided by general law.

15         (j)  VIOLATION OF ORDINANCES.  Persons violating county

16  ordinances shall be prosecuted and punished as provided by

17  law.

18         (k)  COUNTY SEAT.  In every county there shall be a

19  county seat at which shall be located the principal offices

20  and permanent records of all county officers.  The county seat

21  may not be moved except as provided by general law.  Branch

22  offices for the conduct of county business may be established

23  elsewhere in the county by resolution of the governing body of

24  the county in the manner prescribed by law.  No instrument

25  shall be deemed recorded in the county until filed at the

26  county seat according to law.

27         BE IT FURTHER RESOLVED that in accordance with the

28  requirements of section 101.161, Florida Statutes, the title

29  and substance of the amendment proposed herein shall appear on

30  the ballot as follows:

31

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998               HJR 4313

    238-261-98






  1                        METRO-DADE COUNTY;

  2                      CREATION OF NEW COUNTY

  3

  4         Proposing an amendment to Section 1 of Article VIII of

  5  the State Constitution to allow a portion of Metro-Dade to be

  6  removed from charter county status and created as a new county

  7  by general law, subject to referendum of electors of the

  8  proposed new county.

  9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  4