Florida Senate - 2022                                   SJR 1004
       By Senator Gruters
       23-00847-22                                           20221004__
    1                       Senate Joint Resolution                     
    2         A joint resolution proposing an amendment to Section 1
    3         of Article VIII of the State Constitution to authorize
    4         the Legislature to provide by general law for the
    5         recall of county officers and commissioners.
    7  Be It Resolved by the Legislature of the State of Florida:
    9         That the following amendment to Section 1 of Article VIII
   10  of the State Constitution is agreed to and shall be submitted to
   11  the electors of this state for approval or rejection at the next
   12  general election or at an earlier special election specifically
   13  authorized by law for that purpose:
   14                            ARTICLE VIII                           
   15                          LOCAL GOVERNMENT                         
   16         SECTION 1. Counties.—
   17         (a) POLITICAL SUBDIVISIONS. The state shall be divided by
   18  law into political subdivisions called counties. Counties may be
   19  created, abolished or changed by law, with provision for payment
   20  or apportionment of the public debt.
   21         (b) COUNTY FUNDS. The care, custody and method of
   22  disbursing county funds shall be provided by general law.
   23         (c) GOVERNMENT. Pursuant to general or special law, a
   24  county government may be established by charter which shall be
   25  adopted, amended or repealed only upon vote of the electors of
   26  the county in a special election called for that purpose.
   27         (d) COUNTY OFFICERS. There shall be elected by the electors
   28  of each county, for terms of four years, a sheriff, a tax
   29  collector, a property appraiser, a supervisor of elections, and
   30  a clerk of the circuit court. Unless otherwise provided by
   31  special law approved by vote of the electors or pursuant to
   32  Article V, section 16, the clerk of the circuit court shall be
   33  ex officio clerk of the board of county commissioners, auditor,
   34  recorder and custodian of all county funds. Notwithstanding
   35  subsection 6(e) of this article, a county charter may not
   36  abolish the office of a sheriff, a tax collector, a property
   37  appraiser, a supervisor of elections, or a clerk of the circuit
   38  court; transfer the duties of those officers to another officer
   39  or office; change the length of the four-year term of office; or
   40  establish any manner of selection other than by election by the
   41  electors of the county.
   42         (e) COMMISSIONERS. Except when otherwise provided by county
   43  charter, the governing body of each county shall be a board of
   44  county commissioners composed of five or seven members serving
   45  staggered terms of four years. After each decennial census the
   46  board of county commissioners shall divide the county into
   47  districts of contiguous territory as nearly equal in population
   48  as practicable. One commissioner residing in each district shall
   49  be elected as provided by law.
   50         (f) NON-CHARTER GOVERNMENT. Counties not operating under
   51  county charters shall have such power of self-government as is
   52  provided by general or special law. The board of county
   53  commissioners of a county not operating under a charter may
   54  enact, in a manner prescribed by general law, county ordinances
   55  not inconsistent with general or special law, but an ordinance
   56  in conflict with a municipal ordinance shall not be effective
   57  within the municipality to the extent of such conflict.
   58         (g) CHARTER GOVERNMENT. Counties operating under county
   59  charters shall have all powers of local self-government not
   60  inconsistent with general law, or with special law approved by
   61  vote of the electors. The governing body of a county operating
   62  under a charter may enact county ordinances not inconsistent
   63  with general law. The charter shall provide which shall prevail
   64  in the event of conflict between county and municipal
   65  ordinances.
   66         (h) TAXES; LIMITATION. Property situate within
   67  municipalities shall not be subject to taxation for services
   68  rendered by the county exclusively for the benefit of the
   69  property or residents in unincorporated areas.
   70         (i) COUNTY ORDINANCES. Each county ordinance shall be filed
   71  with the custodian of state records and shall become effective
   72  at such time thereafter as is provided by general law.
   73         (j) VIOLATION OF ORDINANCES. Persons violating county
   74  ordinances shall be prosecuted and punished as provided by law.
   75         (k) COUNTY SEAT. In every county there shall be a county
   76  seat at which shall be located the principal offices and
   77  permanent records of all county officers. The county seat may
   78  not be moved except as provided by general law. Branch offices
   79  for the conduct of county business may be established elsewhere
   80  in the county by resolution of the governing body of the county
   81  in the manner prescribed by law. No instrument shall be deemed
   82  recorded until filed at the county seat, or a branch office
   83  designated by the governing body of the county for the recording
   84  of instruments, according to law.
   86  legislature may provide by general law for the recall of county
   87  officers and commissioners.
   88         BE IT FURTHER RESOLVED that the following statement be
   89  placed on the ballot:
   90                      CONSTITUTIONAL AMENDMENT                     
   91                       ARTICLE VIII, SECTION 1                     
   93  amendment to the State Constitution to authorize the Legislature
   94  to provide by general law for the recall of county officers and
   95  commissioners.