| 1 | House 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 |
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| 8 | Be It Resolved by the Legislature of the State of Florida: |
| 9 |
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| 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| 26 | adopted, amended or repealed only upon vote of the electors of |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 |
| 29 | electors of each county, for terms of four years, a sheriff, a |
| 30 | tax collector, a property appraiser, a supervisor of elections, |
| 31 | and a clerk of the circuit court. A; except, when provided by |
| 32 | county charter or special law approved by vote of the electors |
| 33 | of the county may provide for, any county officer under this |
| 34 | subsection to may be chosen in another manner therein specified, |
| 35 | or may abolish any county office under this subsection may be |
| 36 | abolished when all the duties of the office prescribed by |
| 37 | general law are transferred to another office. A county charter |
| 38 | may also subject any county officer under this subsection to |
| 39 | term limits. When not otherwise provided by county charter or |
| 40 | special law approved by vote of the electors, the clerk of the |
| 41 | circuit court shall be ex officio clerk of the board of county |
| 42 | commissioners, auditor, recorder, and custodian of all county |
| 43 | 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. A county charter may |
| 48 | impose term limits on county commissioners. After each decennial |
| 49 | census the board of county commissioners shall divide the county |
| 50 | into districts of contiguous territory as nearly equal in |
| 51 | population as practicable. One commissioner residing in each |
| 52 | district shall be elected as provided by law. |
| 53 | (f) NON-CHARTER GOVERNMENT. Counties not operating under |
| 54 | county charters shall have such power of self-government as is |
| 55 | provided by general or special law. The board of county |
| 56 | commissioners of a county not operating under a charter may |
| 57 | enact, in a manner prescribed by general law, county ordinances |
| 58 | not inconsistent with general or special law, but an ordinance |
| 59 | in conflict with a municipal ordinance shall not be effective |
| 60 | within the municipality to the extent of such conflict. |
| 61 | (g) CHARTER GOVERNMENT. Counties operating under county |
| 62 | charters shall have all powers of local self-government not |
| 63 | inconsistent with general law, or with special law approved by |
| 64 | vote of the electors. The governing body of a county operating |
| 65 | under a charter may enact county ordinances not inconsistent |
| 66 | with general law. The charter shall provide which shall prevail |
| 67 | in the event of conflict between county and municipal |
| 68 | ordinances. |
| 69 | (h) TAXES; LIMITATION. Property situate within |
| 70 | municipalities shall not be subject to taxation for services |
| 71 | rendered by the county exclusively for the benefit of the |
| 72 | property or residents in unincorporated areas. |
| 73 | (i) COUNTY ORDINANCES. Each county ordinance shall be |
| 74 | filed with the custodian of state records and shall become |
| 75 | effective at such time thereafter as is provided by general law. |
| 76 | (j) VIOLATION OF ORDINANCES. Persons violating county |
| 77 | ordinances shall be prosecuted and punished as provided by law. |
| 78 | (k) COUNTY SEAT. In every county there shall be a county |
| 79 | seat at which shall be located the principal offices and |
| 80 | permanent records of all county officers. The county seat may |
| 81 | not be moved except as provided by general law. Branch offices |
| 82 | for the conduct of county business may be established elsewhere |
| 83 | in the county by resolution of the governing body of the county |
| 84 | in the manner prescribed by law. No instrument shall be deemed |
| 85 | recorded until filed at the county seat, or a branch office |
| 86 | designated by the governing body of the county for the recording |
| 87 | of instruments, according to law. |
| 88 | BE IT FURTHER RESOLVED that the following statement be |
| 89 | placed on the ballot: |
| 90 | CONSTITUTIONAL AMENDMENT |
| 91 | ARTICLE VIII, SECTION 1 |
| 92 | TERM LIMITS ON CONSTITUTIONAL COUNTY OFFICERS AND COUNTY |
| 93 | COMMISSIONERS WHEN PROVIDED BY COUNTY CHARTER.-The State |
| 94 | Constitution currently provides for the election in each county |
| 95 | of a sheriff, a tax collector, a property appraiser, a |
| 96 | supervisor of elections, a clerk of the circuit court, and a |
| 97 | board of county commissioners. The term of office for each such |
| 98 | officer is 4 years with no term limits. This amendment to the |
| 99 | State Constitution would authorize the imposition of term limits |
| 100 | on those constitutional county officers and county commissioners |
| 101 | when provided by county charter. |