Florida Senate - 2017                             CS for SJR 136
       By the Committee on Community Affairs; and Senators Artiles and
       578-02731-17                                           2017136c1
    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 property appraiser in a manner
    6         other than by election or to transfer the duties of
    7         the property appraiser or abolish the office of the
    8         property appraiser.
   10  Be It Resolved by the Legislature of the State of Florida:
   12         That the following amendment to Section 1 of Article VIII
   13  of the State Constitution is agreed to and shall be submitted to
   14  the electors of this state for approval or rejection at the next
   15  general election or at an earlier special election specifically
   16  authorized by law for that purpose:
   17                            ARTICLE VIII                           
   18                          LOCAL GOVERNMENT                         
   19         SECTION 1. Counties.—
   20         (a) POLITICAL SUBDIVISIONS. The state shall be divided by
   21  law into political subdivisions called counties. Counties may be
   22  created, abolished or changed by law, with provision for payment
   23  or apportionment of the public debt.
   24         (b) COUNTY FUNDS. The care, custody and method of
   25  disbursing county funds shall be provided by general law.
   26         (c) GOVERNMENT. Pursuant to general or special law, a
   27  county government may be established by charter which shall be
   28  adopted, amended or repealed only upon vote of the electors of
   29  the county in a special election called for that purpose.
   30         (d) COUNTY OFFICERS. There shall be elected by the electors
   31  of each county, for terms of four years, a sheriff, a tax
   32  collector, a property appraiser, a supervisor of elections, and
   33  a clerk of the circuit court; except, when provided by county
   34  charter or special law approved by vote of the electors of the
   35  county, a sheriff, a tax collector, a supervisor of elections,
   36  and a clerk of the circuit court any county officer may be
   37  chosen in another manner therein specified, or any county office
   38  may be abolished when all the duties of the office prescribed by
   39  general law are transferred to another office. When not
   40  otherwise provided by county charter or special law approved by
   41  vote of the electors, the clerk of the circuit court shall be ex
   42  officio clerk of the board of county commissioners, auditor,
   43  recorder, and custodian of all county funds. Notwithstanding
   44  subsection 6(e) of this article, this subsection provides the
   45  exclusive manner for the selection, length of term, abolition of
   46  office, and transfer of duties of the property appraiser of each
   47  county.
   48         (e) COMMISSIONERS. Except when otherwise provided by county
   49  charter, the governing body of each county shall be a board of
   50  county commissioners composed of five or seven members serving
   51  staggered terms of four years. After each decennial census the
   52  board of county commissioners shall divide the county into
   53  districts of contiguous territory as nearly equal in population
   54  as practicable. One commissioner residing in each district shall
   55  be elected as provided by law.
   56         (f) NON-CHARTER GOVERNMENT. Counties not operating under
   57  county charters shall have such power of self-government as is
   58  provided by general or special law. The board of county
   59  commissioners of a county not operating under a charter may
   60  enact, in a manner prescribed by general law, county ordinances
   61  not inconsistent with general or special law, but an ordinance
   62  in conflict with a municipal ordinance shall not be effective
   63  within the municipality to the extent of such conflict.
   64         (g) CHARTER GOVERNMENT. Counties operating under county
   65  charters shall have all powers of local self-government not
   66  inconsistent with general law, or with special law approved by
   67  vote of the electors. The governing body of a county operating
   68  under a charter may enact county ordinances not inconsistent
   69  with general law. The charter shall provide which shall prevail
   70  in the event of conflict between county and municipal
   71  ordinances.
   72         (h) TAXES; LIMITATION. Property situate within
   73  municipalities shall not be subject to taxation for services
   74  rendered by the county exclusively for the benefit of the
   75  property or residents in unincorporated areas.
   76         (i) COUNTY ORDINANCES. Each county ordinance shall be filed
   77  with the custodian of state records and shall become effective
   78  at such time thereafter as is provided by general law.
   79         (j) VIOLATION OF ORDINANCES. Persons violating county
   80  ordinances shall be prosecuted and punished as provided by law.
   81         (k) COUNTY SEAT. In every county there shall be a county
   82  seat at which shall be located the principal offices and
   83  permanent records of all county officers. The county seat may
   84  not be moved except as provided by general law. Branch offices
   85  for the conduct of county business may be established elsewhere
   86  in the county by resolution of the governing body of the county
   87  in the manner prescribed by law. No instrument shall be deemed
   88  recorded until filed at the county seat, or a branch office
   89  designated by the governing body of the county for the recording
   90  of instruments, according to law.
   91         BE IT FURTHER RESOLVED that the following statement be
   92  placed on the ballot:
   93                      CONSTITUTIONAL AMENDMENT                     
   94                       ARTICLE VIII, SECTION 1                     
   96  amendment to the State Constitution to remove authority for a
   97  county charter or special law to provide for choosing a property
   98  appraiser in a manner other than by election or to transfer the
   99  duties of the property appraiser or abolish the office of the
  100  property appraiser. The amendment is applicable to all counties
  101  and takes effect January 8, 2019, if approved.