Florida Senate - 2017 SJR 134 By Senator Artiles 40-00231-17 2017134__ 1 Senate Joint Resolution 2 A joint resolution proposing an amendment to Section 1 3 of Article VIII and the creation of a new section in 4 Article XII of the State Constitution to remove 5 authority for a county charter to provide for choosing 6 certain county officers in a manner other than 7 election, prohibit a special law to provide for 8 choosing a sheriff in a manner other than election, 9 authorize the abolition of any county office if its 10 duties are transferred to another office by special 11 law approved by county voters, and remove authority 12 for a county charter to transfer certain duties of the 13 clerk of the circuit court to another officer. 14 15 Be It Resolved by the Legislature of the State of Florida: 16 17 That the following amendment to Section 1 of Article VIII 18 and the creation of a new section in Article XII of the State 19 Constitution are agreed to and shall be submitted to the 20 electors of this state for approval or rejection at the next 21 general election or at an earlier special election specifically 22 authorized by law for that purpose: 23 ARTICLE VIII 24 LOCAL GOVERNMENT 25 SECTION 1. Counties.— 26 (a) POLITICAL SUBDIVISIONS. The state shall be divided by 27 law into political subdivisions called counties. Counties may be 28 created, abolished or changed by law, with provision for payment 29 or apportionment of the public debt. 30 (b) COUNTY FUNDS. The care, custody and method of 31 disbursing county funds shall be provided by general law. 32 (c) GOVERNMENT. Pursuant to general or special law, a 33 county government may be established by charter which shall be 34 adopted, amended or repealed only upon vote of the electors of 35 the county in a special election called for that purpose. 36 (d) COUNTY OFFICERS. There shall be elected by the electors 37 of each county, for terms of four years, a sheriff, a tax 38 collector, a property appraiser, a supervisor of elections, and 39 a clerk of the circuit court; except, when provided by
county40 charter orspecial law approved by vote of the electors of the 41 county, any county officer may be chosen in another manner 42 therein specified, except the sheriff, or any county office may 43 be abolished when all the duties of the office prescribed by 44 general law are transferred to another office as provided by 45 special law approved by vote of the electors of the county. When 46 not otherwise provided by county charter orspecial law approved 47 by vote of the electors, the clerk of the circuit court shall be 48 ex officio clerk of the board of county commissioners, auditor, 49 recorder, and custodian of all county funds. Notwithstanding 50 section 6(e) of this article, this subsection provides the 51 exclusive manner for the selection, length of terms, abolition 52 of office, and transfer of duties of the sheriff, tax collector, 53 property appraiser, supervisor of elections, and clerk of the 54 circuit court in each county. 55 (e) COMMISSIONERS. Except when otherwise provided by county 56 charter, the governing body of each county shall be a board of 57 county commissioners composed of five or seven members serving 58 staggered terms of four years. After each decennial census the 59 board of county commissioners shall divide the county into 60 districts of contiguous territory as nearly equal in population 61 as practicable. One commissioner residing in each district shall 62 be elected as provided by law. 63 (f) NON-CHARTER GOVERNMENT. Counties not operating under 64 county charters shall have such power of self-government as is 65 provided by general or special law. The board of county 66 commissioners of a county not operating under a charter may 67 enact, in a manner prescribed by general law, county ordinances 68 not inconsistent with general or special law, but an ordinance 69 in conflict with a municipal ordinance shall not be effective 70 within the municipality to the extent of such conflict. 71 (g) CHARTER GOVERNMENT. Counties operating under county 72 charters shall have all powers of local self-government not 73 inconsistent with general law, or with special law approved by 74 vote of the electors. The governing body of a county operating 75 under a charter may enact county ordinances not inconsistent 76 with general law. The charter shall provide which shall prevail 77 in the event of conflict between county and municipal 78 ordinances. 79 (h) TAXES; LIMITATION. Property situate within 80 municipalities shall not be subject to taxation for services 81 rendered by the county exclusively for the benefit of the 82 property or residents in unincorporated areas. 83 (i) COUNTY ORDINANCES. Each county ordinance shall be filed 84 with the custodian of state records and shall become effective 85 at such time thereafter as is provided by general law. 86 (j) VIOLATION OF ORDINANCES. Persons violating county 87 ordinances shall be prosecuted and punished as provided by law. 88 (k) COUNTY SEAT. In every county there shall be a county 89 seat at which shall be located the principal offices and 90 permanent records of all county officers. The county seat may 91 not be moved except as provided by general law. Branch offices 92 for the conduct of county business may be established elsewhere 93 in the county by resolution of the governing body of the county 94 in the manner prescribed by law. No instrument shall be deemed 95 recorded until filed at the county seat, or a branch office 96 designated by the governing body of the county for the recording 97 of instruments, according to law. 98 ARTICLE XII 99 SCHEDULE 100 Selection and duties of county officers.—The amendment to 101 Section 1 of Article VIII, which removes the authority for a 102 county charter to provide for choosing certain county officers 103 in a manner other than election, prohibits a special law to 104 provide for choosing a sheriff in a manner other than election, 105 authorizes the abolition of any county office if its duties are 106 transferred to another office by special law approved by county 107 voters, and removes authority for a county charter to transfer 108 certain ex officio duties of the clerk of the circuit court to 109 another officer, takes effect January 5, 2021. 110 BE IT FURTHER RESOLVED that the following statement be 111 placed on the ballot: 112 CONSTITUTIONAL AMENDMENT 113 ARTICLE VIII, SECTION 1 114 ARTICLE XII 115 SELECTION AND DUTIES OF COUNTY OFFICERS.—Removes authority 116 for a county charter to provide for choosing certain county 117 officers other than by election; prohibits a special law to 118 provide for choosing a sheriff other than by election; 119 authorizes abolition of any county office and transfer of duties 120 only by approval of county voters; and removes authority for a 121 county charter to transfer certain duties of the clerk of the 122 circuit court. The amendment takes effect January 5, 2021, if 123 approved. 124 BE IT FURTHER RESOLVED that the following statement be 125 placed on the ballot if a court declares the preceding statement 126 defective and the decision of the court is not reversed: 127 CONSTITUTIONAL AMENDMENT 128 ARTICLE VIII, SECTION 1 129 ARTICLE XII 130 SELECTION AND DUTIES OF COUNTY OFFICERS.—Proposing an 131 amendment to the State Constitution, applicable to all counties, 132 to remove authority for a county charter to provide for choosing 133 certain county officers in a manner other than by election and 134 prohibits a special law approved by county voters to provide for 135 choosing a sheriff in a manner other than by election. The 136 amendment authorizes the abolition of any county office if its 137 duties are transferred to another office by special law approved 138 by county voters. The amendment also removes authority for a 139 county charter to transfer to another officer the duties of the 140 clerk of the circuit court to serve as ex officio clerk of the 141 board of county commissioners, auditor, recorder, and custodian 142 of all county funds. The amendment takes effect January 5, 2021, 143 if approved.