House Bill hb1369

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    Florida House of Representatives - 2002               HJR 1369

        By Representative Diaz de la Portilla






  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 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 amendment to Section 1 of Article VIII of the

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

12  submitted to the electors of Florida for approval or rejection

13  at the general election to be held in November 2002:

14         SECTION 1.  Counties.--

15         (a)  POLITICAL SUBDIVISIONS.  The state shall be

16  divided by law into political subdivisions called counties.

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

18  provision for payment or apportionment of the public debt.

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

20  disbursing county funds shall be provided by general law.

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

22  county government may be established by charter which shall be

23  adopted, amended or repealed only upon vote of the electors of

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

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

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

27  tax collector, a property appraiser, a supervisor of

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

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

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

31  supervisor of elections, may be chosen in another manner

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    Florida House of Representatives - 2002               HJR 1369

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

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

  3  transferred to another office. The supervisor of elections in

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

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

  6  not otherwise provided by county charter or special law

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

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

  9  commissioners, auditor, recorder and custodian of all county

10  funds.

11         (e)  COMMISSIONERS.  Except when otherwise provided by

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

13  board of county commissioners composed of five or seven

14  members serving staggered terms of four years.  After each

15  decennial census the board of county commissioners shall

16  divide the county into districts of contiguous territory as

17  nearly equal in population as practicable.  One commissioner

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

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

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

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

22  commissioners of a county not operating under a charter may

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

24  ordinances not inconsistent with general or special law, but

25  an ordinance in conflict with a municipal ordinance shall not

26  be effective within the municipality to the extent of such

27  conflict.

28         (g)  CHARTER GOVERNMENT.  Counties operating under

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

30  not inconsistent with general law, or with special law

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

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    Florida House of Representatives - 2002               HJR 1369

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  1  county operating under a charter may enact county ordinances

  2  not inconsistent with general law.  The charter shall provide

  3  which shall prevail in the event of conflict between county

  4  and municipal ordinances.

  5         (h)  TAXES; LIMITATION.  Property situate within

  6  municipalities shall not be subject to taxation for services

  7  rendered by the county exclusively for the benefit of the

  8  property or residents in unincorporated areas.

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

10  filed with the custodian of state records and shall become

11  effective at such time thereafter as is provided by general

12  law.

13         (j)  VIOLATION OF ORDINANCES.  Persons violating county

14  ordinances shall be prosecuted and punished as provided by

15  law.

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

17  county seat at which shall be located the principal offices

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

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

20  offices for the conduct of county business may be established

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

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

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

24  branch office designated by the governing body of the county

25  for the recording of instruments, according to law.

26         BE IT FURTHER RESOLVED that in accordance with the

27  requirements of section 101.161, Florida Statutes, the title

28  and substance of the amendment proposed herein shall appear on

29  the ballot as follows:

30          SUPERVISORS OF ELECTIONS; NONPARTISAN ELECTION

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    Florida House of Representatives - 2002               HJR 1369

    737-124-02






  1         Proposes an amendment to the State Constitution under

  2  which the supervisors of elections in all counties of the

  3  state, including charter counties, would be elected on a

  4  nonpartisan basis.

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