Florida Senate - 2017 CS for SJR 136 By the Committee on Community Affairs; and Senators Artiles and Powell 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. 9 10 Be It Resolved by the Legislature of the State of Florida: 11 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to general or special law, a 27 county government may be established by charter which shall be 28 adopted, amended or repealed only upon vote of the electors of 29 the county in a special election called for that purpose. 30 (d) COUNTY OFFICERS.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 officermay be 37 chosen in another manner therein specified, or any county office38 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 95 SELECTION AND DUTIES OF PROPERTY APPRAISERS.—Proposing an 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.