| 1 | House Joint Resolution |
| 2 | A joint resolution proposing an amendment to Section 1 of |
| 3 | Article VIII and the creation of Section 27 of Article XII |
| 4 | of the State Constitution to require each county to have |
| 5 | an elected property appraiser and require counties without |
| 6 | an elected property appraiser to provide for electing a |
| 7 | property appraiser. |
| 8 |
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| 9 | Be It Resolved by the Legislature of the State of Florida: |
| 10 |
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| 11 | That the following amendment to Section 1 of Article VIII |
| 12 | and the creation of Section 27 of Article XII of the State |
| 13 | Constitution is agreed to and shall be submitted to the electors |
| 14 | of this state for approval or rejection at the next general |
| 15 | election or at an earlier special election specifically |
| 16 | authorized by law for that purpose: |
| 17 | ARTICLE VIII |
| 18 | LOCAL GOVERNMENT |
| 19 | SECTION 1. Counties.-- |
| 20 | (a) POLITICAL SUBDIVISIONS. The state shall be divided by |
| 21 | law into political subdivisions called counties. Counties may be |
| 22 | created, abolished or changed by law, with provision for payment |
| 23 | or apportionment of the public debt. |
| 24 | (b) COUNTY FUNDS. The care, custody and method of |
| 25 | disbursing county funds shall be provided by general law. |
| 26 | (c) GOVERNMENT. Pursuant to general or special law, a |
| 27 | county government may be established by charter which shall be |
| 28 | adopted, amended or repealed only upon vote of the electors of |
| 29 | the county in a special election called for that purpose. |
| 30 | (d) COUNTY OFFICERS. There shall be elected by the |
| 31 | electors of each county, for terms of four years, a sheriff, a |
| 32 | tax collector, a property appraiser, a supervisor of elections, |
| 33 | and a clerk of the circuit court; except, when provided by |
| 34 | county charter or special law approved by vote of the electors |
| 35 | of the county, any county officer other than a property |
| 36 | appraiser may be chosen in another manner therein specified, or |
| 37 | any county office other than the office of property appraiser |
| 38 | may be abolished when all the duties of the office prescribed by |
| 39 | general law are transferred to another office. When not |
| 40 | otherwise provided by county charter or special law approved by |
| 41 | vote of the electors, the clerk of the circuit court shall be ex |
| 42 | officio clerk of the board of county commissioners, auditor, |
| 43 | recorder and custodian of all county funds. |
| 44 | (e) COMMISSIONERS. Except when otherwise provided by |
| 45 | county charter, the governing body of each county shall be a |
| 46 | board of county commissioners composed of five or seven members |
| 47 | serving staggered terms of four years. After each decennial |
| 48 | census the board of county commissioners shall divide the county |
| 49 | into districts of contiguous territory as nearly equal in |
| 50 | population as practicable. One commissioner residing in each |
| 51 | district shall be elected as provided by law. |
| 52 | (f) NON-CHARTER GOVERNMENT. Counties not operating under |
| 53 | county charters shall have such power of self-government as is |
| 54 | provided by general or special law. The board of county |
| 55 | commissioners of a county not operating under a charter may |
| 56 | enact, in a manner prescribed by general law, county ordinances |
| 57 | not inconsistent with general or special law, but an ordinance |
| 58 | in conflict with a municipal ordinance shall not be effective |
| 59 | within the municipality to the extent of such conflict. |
| 60 | (g) CHARTER GOVERNMENT. Counties operating under county |
| 61 | charters shall have all powers of local self-government not |
| 62 | inconsistent with general law, or with special law approved by |
| 63 | vote of the electors. The governing body of a county operating |
| 64 | under a charter may enact county ordinances not inconsistent |
| 65 | with general law. The charter shall provide which shall prevail |
| 66 | in the event of conflict between county and municipal |
| 67 | ordinances. |
| 68 | (h) TAXES; LIMITATION. Property situate within |
| 69 | municipalities shall not be subject to taxation for services |
| 70 | rendered by the county exclusively for the benefit of the |
| 71 | property or residents in unincorporated areas. |
| 72 | (i) COUNTY ORDINANCES. Each county ordinance shall be |
| 73 | filed with the custodian of state records and shall become |
| 74 | effective at such time thereafter as is provided by general law. |
| 75 | (j) VIOLATION OF ORDINANCES. Persons violating county |
| 76 | ordinances shall be prosecuted and punished as provided by law. |
| 77 | (k) COUNTY SEAT. In every county there shall be a county |
| 78 | seat at which shall be located the principal offices and |
| 79 | permanent records of all county officers. The county seat may |
| 80 | not be moved except as provided by general law. Branch offices |
| 81 | for the conduct of county business may be established elsewhere |
| 82 | in the county by resolution of the governing body of the county |
| 83 | in the manner prescribed by law. No instrument shall be deemed |
| 84 | recorded until filed at the county seat, or a branch office |
| 85 | designated by the governing body of the county for the recording |
| 86 | of instruments, according to law. |
| 87 | ARTICLE XII |
| 88 | SCHEDULE |
| 89 | SECTION 27. Elected property appraisers; application.--The |
| 90 | requirement in Section 1(d) of Article VIII for a property |
| 91 | appraiser to be elected by the electors of the county shall |
| 92 | apply in each county, including each charter county, regardless |
| 93 | of whether the charter was adopted pursuant to Section 1(g) of |
| 94 | Article VIII or pursuant to Section 9, Section 10, Section 11, |
| 95 | or Section 24 of Article VIII of the Constitution of 1885, as |
| 96 | amended and incorporated by reference in Section 6(e) of Article |
| 97 | VIII. Any county that does not have an elected property |
| 98 | appraiser on the effective date of the amendment to Section 1 of |
| 99 | Article VIII of this constitution shall provide for electing a |
| 100 | property appraiser as provided by general law. |
| 101 | BE IT FURTHER RESOLVED that the following statement be |
| 102 | placed on the ballot: |
| 103 | CONSTITUTIONAL AMENDMENT |
| 104 | ARTICLE VIII, SECTION 1 |
| 105 | ARTICLE XII, SECTION 27 |
| 106 | ELECTED PROPERTY APPRAISERS REQUIRED.--Proposing amendments |
| 107 | to the State Constitution relating to property appraisers as |
| 108 | follows: |
| 109 | (1) Requires each county to have an elected property |
| 110 | appraiser as a county officer and eliminates the option for |
| 111 | choosing a property appraiser in any other manner as provided by |
| 112 | county charter or special law approved by vote of the electors |
| 113 | of the county and the option of abolishing the office of the |
| 114 | property appraiser when all the duties of the office prescribed |
| 115 | by general law are transferred to another office. |
| 116 | (2)(a) Specifies that the requirement for an elected |
| 117 | property appraiser applies to all counties, including charter |
| 118 | counties, without exception, notwithstanding adoption of a |
| 119 | charter pursuant to the State Constitution. |
| 120 | (b) Requires counties without an elected property |
| 121 | appraiser to provide for electing a property appraiser as |
| 122 | provided by general law. |