Florida Senate - 2023 SJR 1066 By Senator Collins 14-00638-23 20231066__ 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 Legislature to provide by general law for the 5 recall of county officers and commissioners. 6 7 Be It Resolved by the Legislature of the State of Florida: 8 9 That the following amendment to Section 1 of Article VIII 10 of the State Constitution is agreed to and shall be submitted to 11 the electors of this state for approval or rejection at the next 12 general election or at an earlier special election specifically 13 authorized by law for that purpose: 14 ARTICLE VIII 15 LOCAL GOVERNMENT 16 SECTION 1. Counties.— 17 (a) POLITICAL SUBDIVISIONS. The state shall be divided by 18 law into political subdivisions called counties. Counties may be 19 created, abolished or changed by law, with provision for payment 20 or apportionment of the public debt. 21 (b) COUNTY FUNDS. The care, custody and method of 22 disbursing county funds shall be provided by general law. 23 (c) GOVERNMENT. Pursuant to general or special law, a 24 county government may be established by charter which shall be 25 adopted, amended or repealed only upon vote of the electors of 26 the county in a special election called for that purpose. 27 (d) COUNTY OFFICERS. There shall be elected by the electors 28 of each county, for terms of four years, a sheriff, a tax 29 collector, a property appraiser, a supervisor of elections, and 30 a clerk of the circuit court. Unless otherwise provided by 31 special law approved by vote of the electors or pursuant to 32 Article V, section 16, the clerk of the circuit court shall be 33 ex officio clerk of the board of county commissioners, auditor, 34 recorder and custodian of all county funds. Notwithstanding 35 subsection 6(e) of this article, a county charter may not 36 abolish the office of a sheriff, a tax collector, a property 37 appraiser, a supervisor of elections, or a clerk of the circuit 38 court; transfer the duties of those officers to another officer 39 or office; change the length of the four-year term of office; or 40 establish any manner of selection other than by election by the 41 electors of the county. 42 (e) COMMISSIONERS. Except when otherwise provided by county 43 charter, the governing body of each county shall be a board of 44 county commissioners composed of five or seven members serving 45 staggered terms of four years. After each decennial census the 46 board of county commissioners shall divide the county into 47 districts of contiguous territory as nearly equal in population 48 as practicable. One commissioner residing in each district shall 49 be elected as provided by law. 50 (f) NON-CHARTER GOVERNMENT. Counties not operating under 51 county charters shall have such power of self-government as is 52 provided by general or special law. The board of county 53 commissioners of a county not operating under a charter may 54 enact, in a manner prescribed by general law, county ordinances 55 not inconsistent with general or special law, but an ordinance 56 in conflict with a municipal ordinance shall not be effective 57 within the municipality to the extent of such conflict. 58 (g) CHARTER GOVERNMENT. Counties operating under county 59 charters shall have all powers of local self-government not 60 inconsistent with general law, or with special law approved by 61 vote of the electors. The governing body of a county operating 62 under a charter may enact county ordinances not inconsistent 63 with general law. The charter shall provide which shall prevail 64 in the event of conflict between county and municipal 65 ordinances. 66 (h) TAXES; LIMITATION. Property situate within 67 municipalities shall not be subject to taxation for services 68 rendered by the county exclusively for the benefit of the 69 property or residents in unincorporated areas. 70 (i) COUNTY ORDINANCES. Each county ordinance shall be filed 71 with the custodian of state records and shall become effective 72 at such time thereafter as is provided by general law. 73 (j) VIOLATION OF ORDINANCES. Persons violating county 74 ordinances shall be prosecuted and punished as provided by law. 75 (k) COUNTY SEAT. In every county there shall be a county 76 seat at which shall be located the principal offices and 77 permanent records of all county officers. The county seat may 78 not be moved except as provided by general law. Branch offices 79 for the conduct of county business may be established elsewhere 80 in the county by resolution of the governing body of the county 81 in the manner prescribed by law. No instrument shall be deemed 82 recorded until filed at the county seat, or a branch office 83 designated by the governing body of the county for the recording 84 of instruments, according to law. 85 (l) RECALL OF COUNTY OFFICERS AND COMMISSIONERS. The 86 legislature may provide by general law for the recall of county 87 officers and commissioners. 88 BE IT FURTHER RESOLVED that the following statement be 89 placed on the ballot: 90 CONSTITUTIONAL AMENDMENT 91 ARTICLE VIII, SECTION 1 92 RECALL OF COUNTY OFFICERS AND COMMISSIONERS.—Proposing an 93 amendment to the State Constitution to authorize the Legislature 94 to provide by general law for the recall of county officers and 95 commissioners.