House Bill 4313
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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.
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6 Be It Resolved by the Legislature of the State of Florida:
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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21 adopted, amended or repealed only upon vote of the electors of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
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Florida House of Representatives - 1998 HJR 4313
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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
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Florida House of Representatives - 1998 HJR 4313
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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:
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Florida House of Representatives - 1998 HJR 4313
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1 METRO-DADE COUNTY;
2 CREATION OF NEW COUNTY
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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.
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