Senate Bill sb0526e1

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    CS for SJR 526                           First Engrossed (ntc)



  1                 Senate Joint Resolution No. 526

  2         A joint resolution proposing an amendment to

  3         Section 1 of Article VIII of the State

  4         Constitution, relating to local government, to

  5         provide for the nonpartisan election of

  6         supervisors of elections.

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

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10         That the following amendment to Section 1 of Article

11  VIII of the State Constitution is agreed to and shall be

12  submitted to the electors of this state for approval or

13  rejection at the next general election or at an earlier

14  special election specifically authorized by law for that

15  purpose:

16                           ARTICLE VIII

17                         LOCAL GOVERNMENT

18         SECTION 1.  Counties.--

19         (a)  POLITICAL SUBDIVISIONS.  The state shall be

20  divided by law into political subdivisions called counties.

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

22  provision for payment or apportionment of the public debt.

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

24  disbursing county funds shall be provided by general law.

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

26  county government may be established by charter which shall be

27  adopted, amended or repealed only upon vote of the electors of

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

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

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

31  tax collector, a property appraiser, a supervisor of


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    CS for SJR 526                           First Engrossed (ntc)



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

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

  3  the electors of the county, any county officer, other than the

  4  supervisor of elections, may be chosen in another manner

  5  therein specified, or any county office may be abolished when

  6  all the duties of the office prescribed by general law are

  7  transferred to another office. The supervisor of elections in

  8  each county, including counties referred to in section 6 of

  9  this article, shall be elected in a nonpartisan election. When

10  not otherwise provided by county charter or special law

11  approved by vote of the electors, the clerk of the circuit

12  court shall be ex officio clerk of the board of county

13  commissioners, auditor, recorder and custodian of all county

14  funds.

15         (e)  COMMISSIONERS.  Except when otherwise provided by

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

17  board of county commissioners composed of five or seven

18  members serving staggered terms of four years.  After each

19  decennial census the board of county commissioners shall

20  divide the county into districts of contiguous territory as

21  nearly equal in population as practicable.  One commissioner

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

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

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

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

26  commissioners of a county not operating under a charter may

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

28  ordinances not inconsistent with general or special law, but

29  an ordinance in conflict with a municipal ordinance shall not

30  be effective within the municipality to the extent of such

31  conflict.


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    CS for SJR 526                           First Engrossed (ntc)



  1         (g)  CHARTER GOVERNMENT.  Counties operating under

  2  county charters shall have all powers of local self-government

  3  not inconsistent with general law, or with special law

  4  approved by vote of the electors.  The governing body of a

  5  county operating under a charter may enact county ordinances

  6  not inconsistent with general law.  The charter shall provide

  7  which shall prevail in the event of conflict between county

  8  and municipal ordinances.

  9         (h)  TAXES; LIMITATION.  Property situate within

10  municipalities shall not be subject to taxation for services

11  rendered by the county exclusively for the benefit of the

12  property or residents in unincorporated areas.

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

14  filed with the custodian of state records and shall become

15  effective at such time thereafter as is provided by general

16  law.

17         (j)  VIOLATION OF ORDINANCES.  Persons violating county

18  ordinances shall be prosecuted and punished as provided by

19  law.

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

21  county seat at which shall be located the principal offices

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

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

24  offices for the conduct of county business may be established

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

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

27  shall be deemed recorded until filed at the county seat, or a

28  branch office designated by the governing body of the county

29  for the recording of instruments, according to law.

30         BE IT FURTHER RESOLVED that the following statement be

31  placed on the ballot:


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    CS for SJR 526                           First Engrossed (ntc)



  1                     CONSTITUTIONAL AMENDMENT

  2                     ARTICLE VIII, SECTION 1

  3         SUPERVISORS OF ELECTIONS; NONPARTISAN

  4  ELECTION.--Proposing an amendment to the State Constitution

  5  under which the supervisors of elections in all counties of

  6  the state, including charter counties, would be elected on a

  7  nonpartisan basis.

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