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. 8 9 Be It Resolved by the Legislature of the State of Florida: 10 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to general or special law, a 26 county government may be established by charter which shall be 27 adopted, amended or repealed only upon vote of the electors of 28 the county in a special election called for that purpose. 29 (d) COUNTY OFFICERS.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
any36 county officermay be chosen in another manner therein 37 specified, or any county officemay 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 96 SELECTION AND DUTIES OF COUNTY SHERIFF.—Proposing an 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.