Florida Senate - 2017 COMMITTEE AMENDMENT Bill No. SJR 134 Ì714942.Î714942 LEGISLATIVE ACTION Senate . House Comm: RCS . 02/22/2017 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Community Affairs (Artiles) recommended the following: 1 Senate Amendment (with title amendment) 2 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to general or special law, a 20 county government may be established by charter which shall be 21 adopted, amended or repealed only upon vote of the electors of 22 the county in a special election called for that purpose. 23 (d) COUNTY OFFICERS.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
any30 county officermay be chosen in another manner therein 31 specified, or any county officemay 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 88 SELECTION AND DUTIES OF COUNTY SHERIFF.—Proposing an 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. 95 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.