Florida Senate - 2008 (Reformatted) SJR 438
By Senator Garcia
40-00441-08 2008438__
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Senate Joint Resolution
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A joint resolution proposing an amendment to Section 1 of
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Article VIII of the State Constitution to require each
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county to have an elected property appraiser.
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Be It Resolved by the Legislature of the State of Florida:
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That the following amendment to Section 1 of Article VIII of
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the State Constitution is agreed to and shall be submitted to the
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electors of this state for approval or rejection at the next
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general election or at an earlier special election specifically
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authorized by law for that purpose:
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ARTICLE VIII
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LOCAL GOVERNMENT
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SECTION 1. Counties.--
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(a) POLITICAL SUBDIVISIONS. The state shall be divided by
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law into political subdivisions called counties. Counties may be
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created, abolished or changed by law, with provision for payment
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or apportionment of the public debt.
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(b) COUNTY FUNDS. The care, custody and method of
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disbursing county funds shall be provided by general law.
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(c) GOVERNMENT. Pursuant to general or special law, a
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county government may be established by charter which shall be
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adopted, amended or repealed only upon vote of the electors of
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the county in a special election called for that purpose.
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(d) COUNTY OFFICERS. There shall be elected by the
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electors of each county, for terms of four years, a sheriff, a
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tax collector, a property appraiser, a supervisor of elections,
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and a clerk of the circuit court; except, when provided by county
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charter or special law approved by vote of the electors of the
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county, any county officer other than a property appraiser may be
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chosen in another manner therein specified, or any county office
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other than the office of property appraiser may be abolished when
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all the duties of the office prescribed by general law are
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transferred to another office. When not otherwise provided by
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county charter or special law approved by vote of the electors,
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the clerk of the circuit court shall be ex officio clerk of the
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board of county commissioners, auditor, recorder and custodian of
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all county funds.
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(e) COMMISSIONERS. Except when otherwise provided by
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county charter, the governing body of each county shall be a
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board of county commissioners composed of five or seven members
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serving staggered terms of four years. After each decennial
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census the board of county commissioners shall divide the county
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into districts of contiguous territory as nearly equal in
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population as practicable. One commissioner residing in each
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district shall be elected as provided by law.
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(f) NON-CHARTER GOVERNMENT. Counties not operating under
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county charters shall have such power of self-government as is
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provided by general or special law. The board of county
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commissioners of a county not operating under a charter may
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enact, in a manner prescribed by general law, county ordinances
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not inconsistent with general or special law, but an ordinance in
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conflict with a municipal ordinance shall not be effective within
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the municipality to the extent of such conflict.
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(g) CHARTER GOVERNMENT. Counties operating under county
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charters shall have all powers of local self-government not
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inconsistent with general law, or with special law approved by
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vote of the electors. The governing body of a county operating
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under a charter may enact county ordinances not inconsistent with
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general law. The charter shall provide which shall prevail in the
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event of conflict between county and municipal ordinances.
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(h) TAXES; LIMITATION. Property situate within
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municipalities shall not be subject to taxation for services
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rendered by the county exclusively for the benefit of the
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property or residents in unincorporated areas.
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(i) COUNTY ORDINANCES. Each county ordinance shall be
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filed with the custodian of state records and shall become
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effective at such time thereafter as is provided by general law.
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(j) VIOLATION OF ORDINANCES. Persons violating county
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ordinances shall be prosecuted and punished as provided by law.
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(k) COUNTY SEAT. In every county there shall be a county
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seat at which shall be located the principal offices and
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permanent records of all county officers. The county seat may not
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be moved except as provided by general law. Branch offices for
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the conduct of county business may be established elsewhere in
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the county by resolution of the governing body of the county in
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the manner prescribed by law. No instrument shall be deemed
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recorded until filed at the county seat, or a branch office
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designated by the governing body of the county for the recording
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of instruments, according to law.
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BE IT FURTHER RESOLVED that the following statement be
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placed on the ballot:
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CONSTITUTIONAL AMENDMENT
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ARTICLE VIII, SECTION 1
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ELECTED PROPERTY APPRAISERS REQUIRED.--Proposing an
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amendment to the State Constitution to require each county to
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have an elected property appraiser as a county officer and
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eliminate the option for choosing a property appraiser in any
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other manner as provided by county charter or special law
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approved by vote of the electors of the county and the option of
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abolishing the office of the property appraiser when all the
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duties of the office prescribed by general law are transferred to
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another office.
CODING: Words stricken are deletions; words underlined are additions.