HJR 169

1
House Joint Resolution
2A joint resolution proposing an amendment to Section 1 of
3Article VIII of the State Constitution to require each
4county to have an elected property appraiser.
5
6Be It Resolved by the Legislature of the State of Florida:
7
8     That the following amendment to Section 1 of Article VIII
9of the State Constitution is agreed to and shall be submitted to
10the electors of this state for approval or rejection at the next
11general election or at an earlier special election specifically
12authorized by law for that purpose:
13
ARTICLE VIII
14
LOCAL GOVERNMENT
15     SECTION 1.  Counties.--
16     (a)  POLITICAL SUBDIVISIONS.  The state shall be divided by
17law into political subdivisions called counties. Counties may be
18created, abolished or changed by law, with provision for payment
19or apportionment of the public debt.
20     (b)  COUNTY FUNDS.  The care, custody and method of
21disbursing county funds shall be provided by general law.
22     (c)  GOVERNMENT.  Pursuant to general or special law, a
23county government may be established by charter which shall be
24adopted, amended or repealed only upon vote of the electors of
25the county in a special election called for that purpose.
26     (d)  COUNTY OFFICERS.  There shall be elected by the
27electors of each county, for terms of four years, a sheriff, a
28tax collector, a property appraiser, a supervisor of elections,
29and a clerk of the circuit court; except, when provided by
30county charter or special law approved by vote of the electors
31of the county, any county officer other than a property
32appraiser may be chosen in another manner therein specified, or
33any county office other than the office of property appraiser
34may be abolished when all the duties of the office prescribed by
35general law are transferred to another office. When not
36otherwise provided by county charter or special law approved by
37vote of the electors, the clerk of the circuit court shall be ex
38officio clerk of the board of county commissioners, auditor,
39recorder and custodian of all county funds.
40     (e)  COMMISSIONERS.  Except when otherwise provided by
41county charter, the governing body of each county shall be a
42board of county commissioners composed of five or seven members
43serving staggered terms of four years. After each decennial
44census the board of county commissioners shall divide the county
45into districts of contiguous territory as nearly equal in
46population as practicable. One commissioner residing in each
47district shall be elected as provided by law.
48     (f)  NON-CHARTER GOVERNMENT.  Counties not operating under
49county charters shall have such power of self-government as is
50provided by general or special law. The board of county
51commissioners of a county not operating under a charter may
52enact, in a manner prescribed by general law, county ordinances
53not inconsistent with general or special law, but an ordinance
54in conflict with a municipal ordinance shall not be effective
55within the municipality to the extent of such conflict.
56     (g)  CHARTER GOVERNMENT.  Counties operating under county
57charters shall have all powers of local self-government not
58inconsistent with general law, or with special law approved by
59vote of the electors. The governing body of a county operating
60under a charter may enact county ordinances not inconsistent
61with general law. The charter shall provide which shall prevail
62in the event of conflict between county and municipal
63ordinances.
64     (h)  TAXES; LIMITATION.  Property situate within
65municipalities shall not be subject to taxation for services
66rendered by the county exclusively for the benefit of the
67property or residents in unincorporated areas.
68     (i)  COUNTY ORDINANCES.  Each county ordinance shall be
69filed with the custodian of state records and shall become
70effective at such time thereafter as is provided by general law.
71     (j)  VIOLATION OF ORDINANCES.  Persons violating county
72ordinances shall be prosecuted and punished as provided by law.
73     (k)  COUNTY SEAT.  In every county there shall be a county
74seat at which shall be located the principal offices and
75permanent records of all county officers. The county seat may
76not be moved except as provided by general law. Branch offices
77for the conduct of county business may be established elsewhere
78in the county by resolution of the governing body of the county
79in the manner prescribed by law. No instrument shall be deemed
80recorded until filed at the county seat, or a branch office
81designated by the governing body of the county for the recording
82of instruments, according to law.
83     BE IT FURTHER RESOLVED that the following statement be
84placed on the ballot:
85
CONSTITUTIONAL AMENDMENT
86
ARTICLE VIII, SECTION 1
87     ELECTED PROPERTY APPRAISERS REQUIRED.--Proposing an
88amendment to the State Constitution to require each county to
89have an elected property appraiser as a county officer and
90eliminate the option for choosing a property appraiser in any
91other manner as provided by county charter or special law
92approved by vote of the electors of the county and the option of
93abolishing the office of the property appraiser when all the
94duties of the office prescribed by general law are transferred
95to another office.


CODING: Words stricken are deletions; words underlined are additions.