Florida Senate - 2017                      CS for CS for SJR 134
       By the Committees on Ethics and Elections; and Community
       Affairs; and Senators Artiles and Powell
       582-03001-17                                           2017134c2
    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   27  adopted, amended or repealed only upon vote of the electors of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 subsection (e) of section 6 of
   44  this article, a county charter may not abolish the office of the
   45  sheriff, transfer the duties of the office of the sheriff to
   46  another office, change the length of the term of a sheriff, or
   47  establish any manner of selection of a sheriff other than
   48  election by the electors of the county.
   49         (e) COMMISSIONERS. Except when otherwise provided by county
   50  charter, the governing body of each county shall be a board of
   51  county commissioners composed of five or seven members serving
   52  staggered terms of four years. After each decennial census the
   53  board of county commissioners shall divide the county into
   54  districts of contiguous territory as nearly equal in population
   55  as practicable. One commissioner residing in each district shall
   56  be elected as provided by law.
   57         (f) NON-CHARTER GOVERNMENT. Counties not operating under
   58  county charters shall have such power of self-government as is
   59  provided by general or special law. The board of county
   60  commissioners of a county not operating under a charter may
   61  enact, in a manner prescribed by general law, county ordinances
   62  not inconsistent with general or special law, but an ordinance
   63  in conflict with a municipal ordinance shall not be effective
   64  within the municipality to the extent of such conflict.
   65         (g) CHARTER GOVERNMENT. Counties operating under county
   66  charters shall have all powers of local self-government not
   67  inconsistent with general law, or with special law approved by
   68  vote of the electors. The governing body of a county operating
   69  under a charter may enact county ordinances not inconsistent
   70  with general law. The charter shall provide which shall prevail
   71  in the event of conflict between county and municipal
   72  ordinances.
   73         (h) TAXES; LIMITATION. Property situate within
   74  municipalities shall not be subject to taxation for services
   75  rendered by the county exclusively for the benefit of the
   76  property or residents in unincorporated areas.
   77         (i) COUNTY ORDINANCES. Each county ordinance shall be filed
   78  with the custodian of state records and shall become effective
   79  at such time thereafter as is provided by general law.
   80         (j) VIOLATION OF ORDINANCES. Persons violating county
   81  ordinances shall be prosecuted and punished as provided by law.
   82         (k) COUNTY SEAT. In every county there shall be a county
   83  seat at which shall be located the principal offices and
   84  permanent records of all county officers. The county seat may
   85  not be moved except as provided by general law. Branch offices
   86  for the conduct of county business may be established elsewhere
   87  in the county by resolution of the governing body of the county
   88  in the manner prescribed by law. No instrument shall be deemed
   89  recorded until filed at the county seat, or a branch office
   90  designated by the governing body of the county for the recording
   91  of instruments, according to law.
   92         BE IT FURTHER RESOLVED that the following statement be
   93  placed on the ballot:
   94                      CONSTITUTIONAL AMENDMENT                     
   95                       ARTICLE VIII, SECTION 1                     
   97  amendment to the State Constitution to remove authority for a
   98  county charter or a special law to provide for choosing a
   99  sheriff in a manner other than by election or to alter the
  100  duties of the sheriff or abolish the office of the sheriff. The
  101  amendment is applicable to all counties and takes effect January
  102  8, 2019, if approved.