Florida Senate - 2012 SJR 1070
By Senator Ring
32-01014-12 20121070__
1 Senate Joint Resolution
2 A joint resolution proposing an amendment to Section 1
3 of Article VIII of the State Constitution to authorize
4 the imposition of term limits on constitutional county
5 officers and county commissioners when provided by
6 county charter.
7
8 Be It Resolved by the Legislature of the State of Florida:
9
10 That the following amendment to Section 1 of Article VIII
11 of the State Constitution is agreed to and shall be submitted to
12 the electors of this state for approval or rejection at the next
13 general election or at an earlier special election specifically
14 authorized by law for that purpose:
15 ARTICLE VIII
16 LOCAL GOVERNMENT
17 SECTION 1. Counties.—
18 (a) POLITICAL SUBDIVISIONS. The state shall be divided by
19 law into political subdivisions called counties. Counties may be
20 created, abolished, or changed by law, with provision for
21 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26 adopted, amended, or repealed only upon vote of the electors of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 electors
29 of each county, for terms of four years, a sheriff, a tax
30 collector, a property appraiser, a supervisor of elections, and
31 a clerk of the circuit court. A; except, when provided by county
32 charter or special law approved by vote of the electors of the
33 county may provide for, any county officer under this subsection
34 to may be chosen in another manner therein specified, or may
35 abolish any county office under this subsection may be abolished
36 when all the duties of the office prescribed by general law are
37 transferred to another office. A county charter may also subject
38 any county officer under this subsection to term limits. When
39 not otherwise provided by county charter or special law approved
40 by vote of the electors, the clerk of the circuit court shall be
41 ex officio clerk of the board of county commissioners, auditor,
42 recorder, and custodian of all county funds.
43 (e) COMMISSIONERS. Except when otherwise provided by county
44 charter, the governing body of each county shall be a board of
45 county commissioners composed of five or seven members serving
46 staggered terms of four years. A county charter may impose term
47 limits on county commissioners. After each decennial census the
48 board of county commissioners shall divide the county into
49 districts of contiguous territory as nearly equal in population
50 as practicable. One commissioner residing in each district shall
51 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 filed
73 with the custodian of state records and shall become effective
74 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 BE IT FURTHER RESOLVED that the following statement be
88 placed on the ballot:
89 CONSTITUTIONAL AMENDMENT
90 ARTICLE VIII, SECTION 1
91 TERM LIMITS ON CONSTITUTIONAL COUNTY OFFICERS AND COUNTY
92 COMMISSIONERS WHEN PROVIDED BY COUNTY CHARTER.—The State
93 Constitution currently provides for the election in each county
94 of a sheriff, a tax collector, a property appraiser, a
95 supervisor of elections, a clerk of the circuit court, and a
96 board of county commissioners. The term of office for each such
97 officer or county commissioner is 4 years with no term limits.
98 This amendment to the State Constitution would authorize the
99 imposition of term limits on those constitutional county
100 officers and county commissioners when provided by county
101 charter.