Florida Senate - 2017 COMMITTEE AMENDMENT
Bill No. SJR 134
Ì714942.Î714942
LEGISLATIVE ACTION
Senate . House
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The Committee on Community Affairs (Artiles) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the resolving clause
4 and insert:
5 That the following amendment to Section 1 of Article VIII
6 of the State Constitution is agreed to and shall be submitted to
7 the electors of this state for approval or rejection at the next
8 general election or at an earlier special election specifically
9 authorized by law for that purpose:
10 ARTICLE VIII
11 LOCAL GOVERNMENT
12 SECTION 1. Counties.—
13 (a) POLITICAL SUBDIVISIONS. The state shall be divided by
14 law into political subdivisions called counties. Counties may be
15 created, abolished or changed by law, with provision for payment
16 or apportionment of the public debt.
17 (b) COUNTY FUNDS. The care, custody and method of
18 disbursing county funds shall be provided by general law.
19 (c) GOVERNMENT. Pursuant to general or special law, a
20 county government may be established by charter which shall be
21 adopted, amended or repealed only upon vote of the electors of
22 the county in a special election called for that purpose.
23 (d) COUNTY OFFICERS. There shall be elected by the electors
24 of each county, for terms of four years, a sheriff, a tax
25 collector, a property appraiser, a supervisor of elections, and
26 a clerk of the circuit court; except, when provided by county
27 charter or special law approved by vote of the electors of the
28 county, the tax collector, the property appraiser, the
29 supervisor of elections, and the clerk of the circuit court any
30 county officer may be chosen in another manner therein
31 specified, or any county office may be abolished when all the
32 duties of the office prescribed by general law are transferred
33 to another office. When not otherwise provided by county charter
34 or special law approved by vote of the electors, the clerk of
35 the circuit court shall be ex officio clerk of the board of
36 county commissioners, auditor, recorder, and custodian of all
37 county funds. Notwithstanding section 6(e) of this article, this
38 subsection provides the exclusive manner for the selection,
39 length of terms, abolition of office, and transfer of duties of
40 the sheriff in each county.
41 (e) COMMISSIONERS. Except when otherwise provided by county
42 charter, the governing body of each county shall be a board of
43 county commissioners composed of five or seven members serving
44 staggered terms of four years. After each decennial census the
45 board of county commissioners shall divide the county into
46 districts of contiguous territory as nearly equal in population
47 as practicable. One commissioner residing in each district shall
48 be elected as provided by law.
49 (f) NON-CHARTER GOVERNMENT. Counties not operating under
50 county charters shall have such power of self-government as is
51 provided by general or special law. The board of county
52 commissioners of a county not operating under a charter may
53 enact, in a manner prescribed by general law, county ordinances
54 not inconsistent with general or special law, but an ordinance
55 in conflict with a municipal ordinance shall not be effective
56 within the municipality to the extent of such conflict.
57 (g) CHARTER GOVERNMENT. Counties operating under county
58 charters shall have all powers of local self-government not
59 inconsistent with general law, or with special law approved by
60 vote of the electors. The governing body of a county operating
61 under a charter may enact county ordinances not inconsistent
62 with general law. The charter shall provide which shall prevail
63 in the event of conflict between county and municipal
64 ordinances.
65 (h) TAXES; LIMITATION. Property situate within
66 municipalities shall not be subject to taxation for services
67 rendered by the county exclusively for the benefit of the
68 property or residents in unincorporated areas.
69 (i) COUNTY ORDINANCES. Each county ordinance shall be filed
70 with the custodian of state records and shall become effective
71 at such time thereafter as is provided by general law.
72 (j) VIOLATION OF ORDINANCES. Persons violating county
73 ordinances shall be prosecuted and punished as provided by law.
74 (k) COUNTY SEAT. In every county there shall be a county
75 seat at which shall be located the principal offices and
76 permanent records of all county officers. The county seat may
77 not be moved except as provided by general law. Branch offices
78 for the conduct of county business may be established elsewhere
79 in the county by resolution of the governing body of the county
80 in the manner prescribed by law. No instrument shall be deemed
81 recorded until filed at the county seat, or a branch office
82 designated by the governing body of the county for the recording
83 of instruments, according to law.
84 BE IT FURTHER RESOLVED that the following statement be
85 placed on the ballot:
86 CONSTITUTIONAL AMENDMENT
87 ARTICLE VIII, SECTION 1
88 SELECTION AND DUTIES OF COUNTY SHERIFF.—Proposing an
89 amendment to the State Constitution to remove authority for a
90 county charter or a special law to provide for choosing a
91 sheriff in a manner other than by election or to alter the
92 duties of the sheriff or abolish the office of the sheriff. The
93 amendment is applicable to all counties and takes effect January
94 8, 2019, if approved.
95
96 ================= T I T L E A M E N D M E N T ================
97 And the title is amended as follows:
98 Delete everything before the resolving clause
99 and insert:
100 Senate Joint Resolution
101 A joint resolution proposing an amendment to Section 1
102 of Article VIII of the State Constitution to remove
103 authority for a county charter or special law to
104 provide for choosing a sheriff in a manner other than
105 by election or to alter the duties of the sheriff or
106 abolish the office of the sheriff.