Florida Senate - 2017 SJR 138 By Senator Artiles 40-00234-17 2017138__ 1 Senate Joint Resolution 2 A joint resolution proposing an amendment to Section 1 3 of Article VIII and the creation of a new section in 4 Article XII of the State Constitution to remove 5 authority for a county charter to provide for choosing 6 certain county officers in a manner other than 7 election, prohibit a special law to provide for 8 choosing a supervisor of elections in a manner other 9 than election, authorize the abolition of any county 10 office if its duties are transferred to another office 11 by special law approved by county voters, and remove 12 authority for a county charter to transfer certain 13 duties of the clerk of the circuit court to another 14 officer. 15 16 Be It Resolved by the Legislature of the State of Florida: 17 18 That the following amendment to Section 1 of Article VIII 19 and the creation of a new section in Article XII of the State 20 Constitution are agreed to and shall be submitted to the 21 electors of this state for approval or rejection at the next 22 general election or at an earlier special election specifically 23 authorized by law for that purpose: 24 ARTICLE VIII 25 LOCAL GOVERNMENT 26 SECTION 1. Counties.— 27 (a) POLITICAL SUBDIVISIONS. The state shall be divided by 28 law into political subdivisions called counties. Counties may be 29 created, abolished or changed by law, with provision for payment 30 or apportionment of the public debt. 31 (b) COUNTY FUNDS. The care, custody and method of 32 disbursing county funds shall be provided by general law. 33 (c) GOVERNMENT. Pursuant to general or special law, a 34 county government may be established by charter which shall be 35 adopted, amended or repealed only upon vote of the electors of 36 the county in a special election called for that purpose. 37 (d) COUNTY OFFICERS. There shall be elected by the electors 38 of each county, for terms of four years, a sheriff, a tax 39 collector, a property appraiser, a supervisor of elections, and 40 a clerk of the circuit court; except, when provided by
county41 charter orspecial law approved by vote of the electors of the 42 county, any county officer may be chosen in another manner 43 therein specified, except the supervisor of elections, or any 44 county office may be abolished when all the duties of the office 45 prescribed by general law are transferred to another office as 46 provided by special law approved by vote of the electors of the 47 county. When not otherwise provided by county charter orspecial 48 law approved by vote of the electors, the clerk of the circuit 49 court shall be ex officio clerk of the board of county 50 commissioners, auditor, recorder, and custodian of all county 51 funds. Notwithstanding section 6(e) of this article, this 52 subsection provides the exclusive manner for the selection, 53 length of terms, abolition of office, and transfer of duties of 54 the sheriff, tax collector, property appraiser, supervisor of 55 elections, and clerk of the circuit court in each county. 56 (e) COMMISSIONERS. Except when otherwise provided by county 57 charter, the governing body of each county shall be a board of 58 county commissioners composed of five or seven members serving 59 staggered terms of four years. After each decennial census the 60 board of county commissioners shall divide the county into 61 districts of contiguous territory as nearly equal in population 62 as practicable. One commissioner residing in each district shall 63 be elected as provided by law. 64 (f) NON-CHARTER GOVERNMENT. Counties not operating under 65 county charters shall have such power of self-government as is 66 provided by general or special law. The board of county 67 commissioners of a county not operating under a charter may 68 enact, in a manner prescribed by general law, county ordinances 69 not inconsistent with general or special law, but an ordinance 70 in conflict with a municipal ordinance shall not be effective 71 within the municipality to the extent of such conflict. 72 (g) CHARTER GOVERNMENT. Counties operating under county 73 charters shall have all powers of local self-government not 74 inconsistent with general law, or with special law approved by 75 vote of the electors. The governing body of a county operating 76 under a charter may enact county ordinances not inconsistent 77 with general law. The charter shall provide which shall prevail 78 in the event of conflict between county and municipal 79 ordinances. 80 (h) TAXES; LIMITATION. Property situate within 81 municipalities shall not be subject to taxation for services 82 rendered by the county exclusively for the benefit of the 83 property or residents in unincorporated areas. 84 (i) COUNTY ORDINANCES. Each county ordinance shall be filed 85 with the custodian of state records and shall become effective 86 at such time thereafter as is provided by general law. 87 (j) VIOLATION OF ORDINANCES. Persons violating county 88 ordinances shall be prosecuted and punished as provided by law. 89 (k) COUNTY SEAT. In every county there shall be a county 90 seat at which shall be located the principal offices and 91 permanent records of all county officers. The county seat may 92 not be moved except as provided by general law. Branch offices 93 for the conduct of county business may be established elsewhere 94 in the county by resolution of the governing body of the county 95 in the manner prescribed by law. No instrument shall be deemed 96 recorded until filed at the county seat, or a branch office 97 designated by the governing body of the county for the recording 98 of instruments, according to law. 99 ARTICLE XII 100 SCHEDULE 101 Selection and duties of county officers.—The amendment to 102 Section 1 of Article VIII, which removes the authority for a 103 county charter to provide for choosing certain county officers 104 in a manner other than election, prohibits a special law to 105 provide for choosing a supervisor of elections in a manner other 106 than election, authorizes the abolition of any county office if 107 its duties are transferred to another office by special law 108 approved by county voters, and removes authority for a county 109 charter to transfer certain ex officio duties of the clerk of 110 the circuit court to another officer, takes effect January 5, 111 2021. 112 BE IT FURTHER RESOLVED that the following statement be 113 placed on the ballot: 114 CONSTITUTIONAL AMENDMENT 115 ARTICLE VIII, SECTION 1 116 ARTICLE XII 117 SELECTION AND DUTIES OF COUNTY OFFICERS.—Removes authority 118 for a county charter to provide for choosing certain county 119 officers other than election; prohibits a special law to provide 120 for choosing a supervisor of elections other than by election; 121 authorizes abolition of any county office and transfer of duties 122 only by approval of county voters; and removes authority for a 123 county charter to transfer certain duties of the clerk of the 124 circuit court. The amendment takes effect January 5, 2021, if 125 approved. 126 BE IT FURTHER RESOLVED that the following statement be 127 placed on the ballot if a court declares the preceding statement 128 defective and the decision of the court is not reversed: 129 CONSTITUTIONAL AMENDMENT 130 ARTICLE VIII, SECTION 1 131 ARTICLE XII 132 SELECTION AND DUTIES OF COUNTY OFFICERS.—Proposing an 133 amendment to the State Constitution, applicable to all counties, 134 to remove authority for a county charter to provide for choosing 135 certain county officers in a manner other than by election and 136 prohibits a special law approved by county voters to provide for 137 choosing a supervisor of elections in a manner other than by 138 election. The amendment authorizes the abolition of any county 139 office if its duties are transferred to another office by 140 special law approved by county voters. The amendment also 141 removes authority for a county charter to transfer to another 142 officer the duties of the clerk of the circuit court to serve as 143 ex officio clerk of the board of county commissioners, auditor, 144 recorder, and custodian of all county funds. The amendment takes 145 effect January 5, 2021, if approved.