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adopted, amended or repealed only upon vote of the electors of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