Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. SJR 134
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/22/2017           .                                

       The Committee on Community Affairs (Artiles) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete everything after the resolving clause
    4  and insert:
    5         That the following amendment to Section 1 of Article VIII
    6  of the State Constitution is agreed to and shall be submitted to
    7  the electors of this state for approval or rejection at the next
    8  general election or at an earlier special election specifically
    9  authorized by law for that purpose:
   10                            ARTICLE VIII                           
   11                          LOCAL GOVERNMENT                         
   12         SECTION 1. Counties.—
   13         (a) POLITICAL SUBDIVISIONS. The state shall be divided by
   14  law into political subdivisions called counties. Counties may be
   15  created, abolished or changed by law, with provision for payment
   16  or apportionment of the public debt.
   17         (b) COUNTY FUNDS. The care, custody and method of
   18  disbursing county funds shall be provided by general law.
   19         (c) GOVERNMENT. Pursuant to general or special law, a
   20  county government may be established by charter which shall be
   21  adopted, amended or repealed only upon vote of the electors of
   22  the county in a special election called for that purpose.
   23         (d) COUNTY OFFICERS. There shall be elected by the electors
   24  of each county, for terms of four years, a sheriff, a tax
   25  collector, a property appraiser, a supervisor of elections, and
   26  a clerk of the circuit court; except, when provided by county
   27  charter or special law approved by vote of the electors of the
   28  county, the tax collector, the property appraiser, the
   29  supervisor of elections, and the clerk of the circuit court any
   30  county officer may be chosen in another manner therein
   31  specified, or any county office may be abolished when all the
   32  duties of the office prescribed by general law are transferred
   33  to another office. When not otherwise provided by county charter
   34  or special law approved by vote of the electors, the clerk of
   35  the circuit court shall be ex officio clerk of the board of
   36  county commissioners, auditor, recorder, and custodian of all
   37  county funds. Notwithstanding section 6(e) of this article, this
   38  subsection provides the exclusive manner for the selection,
   39  length of terms, abolition of office, and transfer of duties of
   40  the sheriff in each county.
   41         (e) COMMISSIONERS. Except when otherwise provided by county
   42  charter, the governing body of each county shall be a board of
   43  county commissioners composed of five or seven members serving
   44  staggered terms of four years. After each decennial census the
   45  board of county commissioners shall divide the county into
   46  districts of contiguous territory as nearly equal in population
   47  as practicable. One commissioner residing in each district shall
   48  be elected as provided by law.
   49         (f) NON-CHARTER GOVERNMENT. Counties not operating under
   50  county charters shall have such power of self-government as is
   51  provided by general or special law. The board of county
   52  commissioners of a county not operating under a charter may
   53  enact, in a manner prescribed by general law, county ordinances
   54  not inconsistent with general or special law, but an ordinance
   55  in conflict with a municipal ordinance shall not be effective
   56  within the municipality to the extent of such conflict.
   57         (g) CHARTER GOVERNMENT. Counties operating under county
   58  charters shall have all powers of local self-government not
   59  inconsistent with general law, or with special law approved by
   60  vote of the electors. The governing body of a county operating
   61  under a charter may enact county ordinances not inconsistent
   62  with general law. The charter shall provide which shall prevail
   63  in the event of conflict between county and municipal
   64  ordinances.
   65         (h) TAXES; LIMITATION. Property situate within
   66  municipalities shall not be subject to taxation for services
   67  rendered by the county exclusively for the benefit of the
   68  property or residents in unincorporated areas.
   69         (i) COUNTY ORDINANCES. Each county ordinance shall be filed
   70  with the custodian of state records and shall become effective
   71  at such time thereafter as is provided by general law.
   72         (j) VIOLATION OF ORDINANCES. Persons violating county
   73  ordinances shall be prosecuted and punished as provided by law.
   74         (k) COUNTY SEAT. In every county there shall be a county
   75  seat at which shall be located the principal offices and
   76  permanent records of all county officers. The county seat may
   77  not be moved except as provided by general law. Branch offices
   78  for the conduct of county business may be established elsewhere
   79  in the county by resolution of the governing body of the county
   80  in the manner prescribed by law. No instrument shall be deemed
   81  recorded until filed at the county seat, or a branch office
   82  designated by the governing body of the county for the recording
   83  of instruments, according to law.
   84         BE IT FURTHER RESOLVED that the following statement be
   85  placed on the ballot:
   86                      CONSTITUTIONAL AMENDMENT                     
   87                       ARTICLE VIII, SECTION 1                     
   89  amendment to the State Constitution to remove authority for a
   90  county charter or a special law to provide for choosing a
   91  sheriff in a manner other than by election or to alter the
   92  duties of the sheriff or abolish the office of the sheriff. The
   93  amendment is applicable to all counties and takes effect January
   94  8, 2019, if approved.
   96  ================= T I T L E  A M E N D M E N T ================
   97  And the title is amended as follows:
   98         Delete everything before the resolving clause
   99  and insert:
  100                       Senate Joint Resolution                     
  101         A joint resolution proposing an amendment to Section 1
  102         of Article VIII of the State Constitution to remove
  103         authority for a county charter or special law to
  104         provide for choosing a sheriff in a manner other than
  105         by election or to alter the duties of the sheriff or
  106         abolish the office of the sheriff.