Florida Senate - 2016                             CS for SJR 648
       
       
        
       By the Committee on Community Affairs; and Senator Hutson
       
       
       
       
       
       578-01762-16                                           2016648c1
    1                       Senate Joint Resolution                     
    2         A joint resolution proposing an amendment to Section 1
    3         of Article VIII of the State Constitution to remove
    4         authority for certain county officers to be chosen in
    5         a manner other than election, for any county office to
    6         be abolished, or for certain ex officio duties of the
    7         clerk of the circuit court to be transferred to
    8         another officer.
    9          
   10  Be It Resolved by the Legislature of the State of Florida:
   11  
   12         That the following amendment to Section 1 of Article VIII
   13  of the State Constitution is agreed to and shall be submitted to
   14  the electors of this state for approval or rejection at the next
   15  general election or at an earlier special election specifically
   16  authorized by law for that purpose:
   17                            ARTICLE VIII                           
   18                          LOCAL GOVERNMENT                         
   19         SECTION 1. Counties.—
   20         (a) POLITICAL SUBDIVISIONS. The state shall be divided by
   21  law into political subdivisions called counties. Counties may be
   22  created, abolished or changed by law, with provision for payment
   23  or apportionment of the public debt.
   24         (b) COUNTY FUNDS. The care, custody and method of
   25  disbursing county funds shall be provided by general law.
   26         (c) GOVERNMENT. Pursuant to general or special law, a
   27  county government may be established by charter which shall be
   28  adopted, amended or repealed only upon vote of the electors of
   29  the county in a special election called for that purpose.
   30         (d) COUNTY OFFICERS. There shall be elected by the electors
   31  of each county, for terms of four years, a sheriff, a tax
   32  collector, a property appraiser, a supervisor of elections, and
   33  a clerk of the circuit court; except, when provided by county
   34  charter or special law approved by vote of the electors of the
   35  county, any county officer may be chosen in another manner
   36  therein specified, or any county office may be abolished when
   37  all the duties of the office prescribed by general law are
   38  transferred to another office. When not otherwise provided by
   39  county charter or special law approved by vote of the electors,
   40  the clerk of the circuit court shall be ex officio clerk of the
   41  board of county commissioners, auditor, recorder, and custodian
   42  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. After each decennial census the
   47  board of county commissioners shall divide the county into
   48  districts of contiguous territory as nearly equal in population
   49  as practicable. One commissioner residing in each district shall
   50  be elected as provided by law.
   51         (f) NON-CHARTER GOVERNMENT. Counties not operating under
   52  county charters shall have such power of self-government as is
   53  provided by general or special law. The board of county
   54  commissioners of a county not operating under a charter may
   55  enact, in a manner prescribed by general law, county ordinances
   56  not inconsistent with general or special law, but an ordinance
   57  in conflict with a municipal ordinance shall not be effective
   58  within the municipality to the extent of such conflict.
   59         (g) CHARTER GOVERNMENT. Counties operating under county
   60  charters shall have all powers of local self-government not
   61  inconsistent with general law, or with special law approved by
   62  vote of the electors. The governing body of a county operating
   63  under a charter may enact county ordinances not inconsistent
   64  with general law. The charter shall provide which shall prevail
   65  in the event of conflict between county and municipal
   66  ordinances.
   67         (h) TAXES; LIMITATION. Property situate within
   68  municipalities shall not be subject to taxation for services
   69  rendered by the county exclusively for the benefit of the
   70  property or residents in unincorporated areas.
   71         (i) COUNTY ORDINANCES. Each county ordinance shall be filed
   72  with the custodian of state records and shall become effective
   73  at such time thereafter as is provided by general law.
   74         (j) VIOLATION OF ORDINANCES. Persons violating county
   75  ordinances shall be prosecuted and punished as provided by law.
   76         (k) COUNTY SEAT. In every county there shall be a county
   77  seat at which shall be located the principal offices and
   78  permanent records of all county officers. The county seat may
   79  not be moved except as provided by general law. Branch offices
   80  for the conduct of county business may be established elsewhere
   81  in the county by resolution of the governing body of the county
   82  in the manner prescribed by law. No instrument shall be deemed
   83  recorded until filed at the county seat, or a branch office
   84  designated by the governing body of the county for the recording
   85  of instruments, according to law.
   86         BE IT FURTHER RESOLVED that the following statement be
   87  placed on the ballot:
   88                      CONSTITUTIONAL AMENDMENT                     
   89                       ARTICLE VIII, SECTION 1                     
   90         SELECTION AND DUTIES OF COUNTY OFFICERS.—Proposing an
   91  amendment to the State Constitution to remove the authority of a
   92  county, by county charter or special law, to choose certain
   93  county officers in a manner other than election and to abolish
   94  any county office when its duties are transferred to another
   95  office. The amendment also removes authority for a county
   96  charter to transfer certain ex officio duties of the clerk of
   97  the circuit court to another officer.
   98         BE IT FURTHER RESOLVED that the following statement be
   99  placed on the ballot if a court declares the preceding statement
  100  defective and the decision of the court is not reversed:
  101                      CONSTITUTIONAL AMENDMENT                     
  102                       ARTICLE VIII, SECTION 1                     
  103         SELECTION AND DUTIES OF COUNTY OFFICERS.—Proposing an
  104  amendment to the State Constitution to remove the authority of a
  105  county, by county charter or special law approved by the
  106  county’s voters, to choose its sheriff, tax collector, property
  107  appraiser, supervisor of elections, and clerk of the circuit
  108  court in a manner other than election and to abolish any county
  109  office when its duties are transferred to another office. The
  110  amendment also removes authority for a county charter to
  111  transfer to another officer the duties of the clerk of the
  112  circuit court to serve as ex officio clerk of the board of
  113  county commissioners, auditor, recorder, and custodian of all
  114  county funds.