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27 adopted, amended or repealed only upon vote of the electors of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 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
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.