Senate Bill sb0010D

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                                 SJR 10-D

    By Senator Garcia





    40-536-08                                              See HJR

  1                     Senate Joint Resolution

  2         A joint resolution proposing an amendment to

  3         Section 1 of Article VIII of the State

  4         Constitution to require each county to have an

  5         elected property appraiser.

  6  

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

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  9         That the following amendment to Section 1 of Article

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

11  submitted to the electors of this state for approval or

12  rejection at the next general election or at an earlier

13  special election specifically authorized by law for that

14  purpose:

15                           ARTICLE VIII

16                         LOCAL GOVERNMENT

17         SECTION 1.  Counties.--

18         (a)  POLITICAL SUBDIVISIONS.  The state shall be

19  divided by law into political subdivisions called counties.

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

21  provision for 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26  adopted, amended or repealed only upon vote of the electors of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

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

30  tax collector, a property appraiser, a supervisor of

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

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    Florida Senate - 2007                                 SJR 10-D
    40-536-08                                              See HJR




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

 2  the electors of the county, any county officer other than a

 3  property appraiser may be chosen in another manner therein

 4  specified, or any county office other than the office of

 5  property appraiser may be abolished when all the duties of the

 6  office prescribed by general law are transferred to another

 7  office. When not otherwise provided by county charter or

 8  special law approved by vote of the electors, the clerk of the

 9  circuit court shall be ex officio clerk of the board of county

10  commissioners, auditor, recorder and custodian of all county

11  funds.

12         (e)  COMMISSIONERS.  Except when otherwise provided by

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

14  board of county commissioners composed of five or seven

15  members serving staggered terms of four years. After each

16  decennial census the board of county commissioners shall

17  divide the county into districts of contiguous territory as

18  nearly equal in population as practicable. One commissioner

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

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

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

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

23  commissioners of a county not operating under a charter may

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

25  ordinances not inconsistent with general or special law, but

26  an ordinance in conflict with a municipal ordinance shall not

27  be effective within the municipality to the extent of such

28  conflict.

29         (g)  CHARTER GOVERNMENT.  Counties operating under

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

31  not inconsistent with general law, or with special law

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    Florida Senate - 2007                                 SJR 10-D
    40-536-08                                              See HJR




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

 2  county operating under a charter may enact county ordinances

 3  not inconsistent with general law. The charter shall provide

 4  which shall prevail in the event of conflict between county

 5  and municipal ordinances.

 6         (h)  TAXES; LIMITATION.  Property situate within

 7  municipalities shall not be subject to taxation for services

 8  rendered by the county exclusively for the benefit of the

 9  property or residents in unincorporated areas.

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

11  filed with the custodian of state records and shall become

12  effective at such time thereafter as is provided by general

13  law.

14         (j)  VIOLATION OF ORDINANCES.  Persons violating county

15  ordinances shall be prosecuted and punished as provided by

16  law.

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

18  county seat at which shall be located the principal offices

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

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

21  offices for the conduct of county business may be established

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

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

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

25  branch office designated by the governing body of the county

26  for the recording of instruments, according to law.

27         BE IT FURTHER RESOLVED that the following statement be

28  placed on the ballot:

29                     CONSTITUTIONAL AMENDMENT

30                     ARTICLE VIII, SECTION 1

31  

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    Florida Senate - 2007                                 SJR 10-D
    40-536-08                                              See HJR




 1         ELECTED PROPERTY APPRAISERS REQUIRED.--Proposing an

 2  amendment to the State Constitution to require each county to

 3  have an elected property appraiser as a county officer and

 4  eliminate the option for choosing a property appraiser in any

 5  other manner as provided by county charter or special law

 6  approved by vote of the electors of the county and the option

 7  of abolishing the office of the property appraiser when all

 8  the duties of the office prescribed by general law are

 9  transferred to another office.

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