Florida Senate - 2017                                    SJR 138
       
       
        
       By Senator Artiles
       
       40-00234-17                                            2017138__
    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 supervisor of elections in a manner other
    9         than election, authorize the abolition of any county
   10         office if its duties are transferred to another office
   11         by special law approved by county voters, and remove
   12         authority for a county charter to transfer certain
   13         duties of the clerk of the circuit court to another
   14         officer.
   15          
   16  Be It Resolved by the Legislature of the State of Florida:
   17  
   18         That the following amendment to Section 1 of Article VIII
   19  and the creation of a new section in Article XII of the State
   20  Constitution are agreed to and shall be submitted to the
   21  electors of this state for approval or rejection at the next
   22  general election or at an earlier special election specifically
   23  authorized by law for that purpose:
   24                            ARTICLE VIII                           
   25                          LOCAL GOVERNMENT                         
   26         SECTION 1. Counties.—
   27         (a) POLITICAL SUBDIVISIONS. The state shall be divided by
   28  law into political subdivisions called counties. Counties may be
   29  created, abolished or changed by law, with provision for payment
   30  or apportionment of the public debt.
   31         (b) COUNTY FUNDS. The care, custody and method of
   32  disbursing county funds shall be provided by general law.
   33         (c) GOVERNMENT. Pursuant to general or special law, a
   34  county government may be established by charter which shall be
   35  adopted, amended or repealed only upon vote of the electors of
   36  the county in a special election called for that purpose.
   37         (d) COUNTY OFFICERS. There shall be elected by the electors
   38  of each county, for terms of four years, a sheriff, a tax
   39  collector, a property appraiser, a supervisor of elections, and
   40  a clerk of the circuit court; except, when provided by county
   41  charter or special law approved by vote of the electors of the
   42  county, any county officer may be chosen in another manner
   43  therein specified, except the supervisor of elections, or any
   44  county office may be abolished when all the duties of the office
   45  prescribed by general law are transferred to another office as
   46  provided by special law approved by vote of the electors of the
   47  county. When not otherwise provided by county charter or special
   48  law approved by vote of the electors, the clerk of the circuit
   49  court shall be ex officio clerk of the board of county
   50  commissioners, auditor, recorder, and custodian of all county
   51  funds. Notwithstanding section 6(e) of this article, this
   52  subsection provides the exclusive manner for the selection,
   53  length of terms, abolition of office, and transfer of duties of
   54  the sheriff, tax collector, property appraiser, supervisor of
   55  elections, and clerk of the circuit court in each county.
   56         (e) COMMISSIONERS. Except when otherwise provided by county
   57  charter, the governing body of each county shall be a board of
   58  county commissioners composed of five or seven members serving
   59  staggered terms of four years. After each decennial census the
   60  board of county commissioners shall divide the county into
   61  districts of contiguous territory as nearly equal in population
   62  as practicable. One commissioner residing in each district shall
   63  be elected as provided by law.
   64         (f) NON-CHARTER GOVERNMENT. Counties not operating under
   65  county charters shall have such power of self-government as is
   66  provided by general or special law. The board of county
   67  commissioners of a county not operating under a charter may
   68  enact, in a manner prescribed by general law, county ordinances
   69  not inconsistent with general or special law, but an ordinance
   70  in conflict with a municipal ordinance shall not be effective
   71  within the municipality to the extent of such conflict.
   72         (g) CHARTER GOVERNMENT. Counties operating under county
   73  charters shall have all powers of local self-government not
   74  inconsistent with general law, or with special law approved by
   75  vote of the electors. The governing body of a county operating
   76  under a charter may enact county ordinances not inconsistent
   77  with general law. The charter shall provide which shall prevail
   78  in the event of conflict between county and municipal
   79  ordinances.
   80         (h) TAXES; LIMITATION. Property situate within
   81  municipalities shall not be subject to taxation for services
   82  rendered by the county exclusively for the benefit of the
   83  property or residents in unincorporated areas.
   84         (i) COUNTY ORDINANCES. Each county ordinance shall be filed
   85  with the custodian of state records and shall become effective
   86  at such time thereafter as is provided by general law.
   87         (j) VIOLATION OF ORDINANCES. Persons violating county
   88  ordinances shall be prosecuted and punished as provided by law.
   89         (k) COUNTY SEAT. In every county there shall be a county
   90  seat at which shall be located the principal offices and
   91  permanent records of all county officers. The county seat may
   92  not be moved except as provided by general law. Branch offices
   93  for the conduct of county business may be established elsewhere
   94  in the county by resolution of the governing body of the county
   95  in the manner prescribed by law. No instrument shall be deemed
   96  recorded until filed at the county seat, or a branch office
   97  designated by the governing body of the county for the recording
   98  of instruments, according to law.
   99                             ARTICLE XII                           
  100                              SCHEDULE                             
  101         Selection and duties of county officers.—The amendment to
  102  Section 1 of Article VIII, which removes the authority for a
  103  county charter to provide for choosing certain county officers
  104  in a manner other than election, prohibits a special law to
  105  provide for choosing a supervisor of elections in a manner other
  106  than election, authorizes the abolition of any county office if
  107  its duties are transferred to another office by special law
  108  approved by county voters, and removes authority for a county
  109  charter to transfer certain ex officio duties of the clerk of
  110  the circuit court to another officer, takes effect January 5,
  111  2021.
  112         BE IT FURTHER RESOLVED that the following statement be
  113  placed on the ballot:
  114                      CONSTITUTIONAL AMENDMENT                     
  115                       ARTICLE VIII, SECTION 1                     
  116                             ARTICLE XII                           
  117         SELECTION AND DUTIES OF COUNTY OFFICERS.—Removes authority
  118  for a county charter to provide for choosing certain county
  119  officers other than election; prohibits a special law to provide
  120  for choosing a supervisor of elections other than by election;
  121  authorizes abolition of any county office and transfer of duties
  122  only by approval of county voters; and removes authority for a
  123  county charter to transfer certain duties of the clerk of the
  124  circuit court. The amendment takes effect January 5, 2021, if
  125  approved.
  126         BE IT FURTHER RESOLVED that the following statement be
  127  placed on the ballot if a court declares the preceding statement
  128  defective and the decision of the court is not reversed:
  129                      CONSTITUTIONAL AMENDMENT                     
  130                       ARTICLE VIII, SECTION 1                     
  131                             ARTICLE XII                           
  132         SELECTION AND DUTIES OF COUNTY OFFICERS.—Proposing an
  133  amendment to the State Constitution, applicable to all counties,
  134  to remove authority for a county charter to provide for choosing
  135  certain county officers in a manner other than by election and
  136  prohibits a special law approved by county voters to provide for
  137  choosing a supervisor of elections in a manner other than by
  138  election. The amendment authorizes the abolition of any county
  139  office if its duties are transferred to another office by
  140  special law approved by county voters. The amendment also
  141  removes authority for a county charter to transfer to another
  142  officer the duties of the clerk of the circuit court to serve as
  143  ex officio clerk of the board of county commissioners, auditor,
  144  recorder, and custodian of all county funds. The amendment takes
  145  effect January 5, 2021, if approved.