Florida Senate - 2017                             CS for SJR 134
       By the Committee on Community Affairs; and Senators Artiles and
       578-01925-17                                           2017134c1
    1                       Senate Joint Resolution                     
    2         A joint resolution proposing an amendment to Section 1
    3         of Article VIII of the State Constitution to remove
    4         authority for a county charter or special law to
    5         provide for choosing a sheriff in a manner other than
    6         by election or to alter the duties of the sheriff or
    7         abolish the office of the sheriff.
    9  Be It Resolved by the Legislature of the State of Florida:
   11         That the following amendment to Section 1 of Article VIII
   12  of the State Constitution is agreed to and shall be submitted to
   13  the electors of this state for approval or rejection at the next
   14  general election or at an earlier special election specifically
   15  authorized by law for that purpose:
   16                            ARTICLE VIII                           
   17                          LOCAL GOVERNMENT                         
   18         SECTION 1. Counties.—
   19         (a) POLITICAL SUBDIVISIONS. The state shall be divided by
   20  law into political subdivisions called counties. Counties may be
   21  created, abolished or changed by law, with provision for payment
   22  or apportionment of the public debt.
   23         (b) COUNTY FUNDS. The care, custody and method of
   24  disbursing county funds shall be provided by general law.
   25         (c) GOVERNMENT. Pursuant to general or special law, a
   26  county government may be established by charter which shall be
   27  adopted, amended or repealed only upon vote of the electors of
   28  the county in a special election called for that purpose.
   29         (d) COUNTY OFFICERS. There shall be elected by the electors
   30  of each county, for terms of four years, a sheriff, a tax
   31  collector, a property appraiser, a supervisor of elections, and
   32  a clerk of the circuit court; except, when provided by county
   33  charter or special law approved by vote of the electors of the
   34  county, the tax collector, the property appraiser, the
   35  supervisor of elections, and the clerk of the circuit court any
   36  county officer may be chosen in another manner therein
   37  specified, or any county office may be abolished when all the
   38  duties of the office prescribed by general law are transferred
   39  to another office. When not otherwise provided by county charter
   40  or special law approved by vote of the electors, the clerk of
   41  the circuit court shall be ex officio clerk of the board of
   42  county commissioners, auditor, recorder, and custodian of all
   43  county funds. Notwithstanding section 6(e) of this article, this
   44  subsection provides the exclusive manner for the selection,
   45  length of terms, abolition of office, and transfer of duties of
   46  the sheriff in each county.
   47         (e) COMMISSIONERS. Except when otherwise provided by county
   48  charter, the governing body of each county shall be a board of
   49  county commissioners composed of five or seven members serving
   50  staggered terms of four years. After each decennial census the
   51  board of county commissioners shall divide the county into
   52  districts of contiguous territory as nearly equal in population
   53  as practicable. One commissioner residing in each district shall
   54  be elected as provided by law.
   55         (f) NON-CHARTER GOVERNMENT. Counties not operating under
   56  county charters shall have such power of self-government as is
   57  provided by general or special law. The board of county
   58  commissioners of a county not operating under a charter may
   59  enact, in a manner prescribed by general law, county ordinances
   60  not inconsistent with general or special law, but an ordinance
   61  in conflict with a municipal ordinance shall not be effective
   62  within the municipality to the extent of such conflict.
   63         (g) CHARTER GOVERNMENT. Counties operating under county
   64  charters shall have all powers of local self-government not
   65  inconsistent with general law, or with special law approved by
   66  vote of the electors. The governing body of a county operating
   67  under a charter may enact county ordinances not inconsistent
   68  with general law. The charter shall provide which shall prevail
   69  in the event of conflict between county and municipal
   70  ordinances.
   71         (h) TAXES; LIMITATION. Property situate within
   72  municipalities shall not be subject to taxation for services
   73  rendered by the county exclusively for the benefit of the
   74  property or residents in unincorporated areas.
   75         (i) COUNTY ORDINANCES. Each county ordinance shall be filed
   76  with the custodian of state records and shall become effective
   77  at such time thereafter as is provided by general law.
   78         (j) VIOLATION OF ORDINANCES. Persons violating county
   79  ordinances shall be prosecuted and punished as provided by law.
   80         (k) COUNTY SEAT. In every county there shall be a county
   81  seat at which shall be located the principal offices and
   82  permanent records of all county officers. The county seat may
   83  not be moved except as provided by general law. Branch offices
   84  for the conduct of county business may be established elsewhere
   85  in the county by resolution of the governing body of the county
   86  in the manner prescribed by law. No instrument shall be deemed
   87  recorded until filed at the county seat, or a branch office
   88  designated by the governing body of the county for the recording
   89  of instruments, according to law.
   90         BE IT FURTHER RESOLVED that the following statement be
   91  placed on the ballot:
   92                      CONSTITUTIONAL AMENDMENT                     
   93                       ARTICLE VIII, SECTION 1                     
   95  amendment to the State Constitution to remove authority for a
   96  county charter or a special law to provide for choosing a
   97  sheriff in a manner other than by election or to alter the
   98  duties of the sheriff or abolish the office of the sheriff. The
   99  amendment is applicable to all counties and takes effect January
  100  8, 2019, if approved.