Florida 2023 Regular Session

Florida House Bill H0131 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	HJR 131 2023
4	4
5	5
6	6
7	7	CODING: Words stricken are deletions; words underlined are additions.
8	8	hjr0131-00
9	9	Page 1 of 4
10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
11	11
12	12	House Joint Resolution 1
13	13	A joint resolution proposing an amendment to Section 1 2
14	14	of Article VIII of the State Constitution to authorize 3
15	15	the Legislature to provide by general law for the 4
16	16	recall of county officers and commissioners. 5
17	17	6
18	18	Be It Resolved by the Legislature of the State of Florida: 7
19	19	8
20	20	That the following amendment to Section 1 of Article VIII 9
21	21	of the State Constitution is agreed to and shall be submitted to 10
22	22	the electors of this state for approval or rejection at the next 11
23	23	general election or at an earlier special election specifically 12
24	24	authorized by law for that purpose: 13
25	25	ARTICLE VIII 14
26	26	LOCAL GOVERNMENT 15
27	27	SECTION 1. Counties. — 16
28	28	(a) POLITICAL SUBDIVISIONS. The state shall be divided by 17
29	29	law into political subdivisions called counties. Counties may be 18
30	30	created, abolished or changed by law, with provision for payment 19
31	31	or apportionment of the public debt. 20
32	32	(b) COUNTY FUNDS. The care, custody and method of 21
33	33	disbursing county funds shall be provided by general law. 22
34	34	(c) GOVERNMENT. Pursuant to general or special law, a 23
35	35	county government may be established by charter which shall be 24
36	36	adopted, amended or repealed only upon vote of the electors of 25
37	37
38	38	HJR 131 2023
39	39
40	40
41	41
42	42	CODING: Words stricken are deletions; words underlined are additions.
43	43	hjr0131-00
44	44	Page 2 of 4
45	45	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
46	46
47	47	the county in a special election called for tha t purpose. 26
48	48	(d) COUNTY OFFICERS. There shall be elected by the 27
49	49	electors of each county, for terms of four years, a sheriff, a 28
50	50	tax collector, a property appraiser, a supervisor of elections, 29
51	51	and a clerk of the circuit court. Unless otherwise provided by 30
52	52	special law approved by vote of the electors or pursuant to 31
53	53	Article V, section 16, the clerk of the circuit court shall be 32
54	54	ex officio clerk of the board of county commissioners, auditor, 33
55	55	recorder and custodian of all county funds. Notwithstanding 34
56	56	subsection 6(e) of this article, a county charter may not 35
57	57	abolish the office of a sheriff, a tax collector, a property 36
58	58	appraiser, a supervisor of elections, or a clerk of the circuit 37
59	59	court; transfer the duties of those officers to another officer 38
60	60	or office; change the length of the four -year term of office; or 39
61	61	establish any manner of selection other than by election by the 40
62	62	electors of the county. 41
63	63	(e) COMMISSIONERS. Except when otherwise provided by 42
64	64	county charter, the governing body of each county shall be a 43
65	65	board of county commissioners composed of five or seven members 44
66	66	serving staggered terms of four years. After each decennial 45
67	67	census the board of county commissioners shall divide the county 46
68	68	into districts of contiguous territory as nearly equal in 47
69	69	population as practicable. One commissioner residing in each 48
70	70	district shall be elected as provided by law. 49
71	71	(f) NON-CHARTER GOVERNMENT. Counties not operating under 50
72	72
73	73	HJR 131 2023
74	74
75	75
76	76
77	77	CODING: Words stricken are deletions; words underlined are additions.
78	78	hjr0131-00
79	79	Page 3 of 4
80	80	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
81	81
82	82	county charters shall have such power of self -government as is 51
83	83	provided by general or special law. The board of county 52
84	84	commissioners of a county not operating under a charter may 53
85	85	enact, in a manner prescribed by general law, county ordinances 54
86	86	not inconsistent with general or special law, but an ordinance 55
87	87	in conflict with a municipal ordinance shall not be e ffective 56
88	88	within the municipality to the extent of such conflict. 57
89	89	(g) CHARTER GOVERNMENT. Counties operating under county 58
90	90	charters shall have all powers of local self -government not 59
91	91	inconsistent with general law, or with special law approved by 60
92	92	vote of the electors. The governing body of a county operating 61
93	93	under a charter may enact county ordinances not inconsistent 62
94	94	with general law. The charter shall provide which shall prevail 63
95	95	in the event of conflict between county and municipal 64
96	96	ordinances. 65
97	97	(h) TAXES; LIMITATION. Property situate within 66
98	98	municipalities shall not be subject to taxation for services 67
99	99	rendered by the county exclusively for the benefit of the 68
100	100	property or residents in unincorporated areas. 69
101	101	(i) COUNTY ORDINANCES. Each county ordinance shall be 70
102	102	filed with the custodian of state records and shall become 71
103	103	effective at such time thereafter as is provided by general law. 72
104	104	(j) VIOLATION OF ORDINANCES. Persons violating county 73
105	105	ordinances shall be prosecuted and punished as provided by law. 74
106	106	(k) COUNTY SEAT. In every county there shall be a county 75
107	107
108	108	HJR 131 2023
109	109
110	110
111	111
112	112	CODING: Words stricken are deletions; words underlined are additions.
113	113	hjr0131-00
114	114	Page 4 of 4
115	115	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
116	116
117	117	seat at which shall be located the principal offices and 76
118	118	permanent records of all county officers. The county seat may 77
119	119	not be moved except as provided by general law. Branch offices 78
120	120	for the conduct of county business may be established elsewhere 79
121	121	in the county by resolution of the governing body of the county 80
122	122	in the manner prescribed by law. No instrument shall be deemed 81
123	123	recorded until filed at the county seat, or a branch office 82
124	124	designated by the governing body of the county for the recording 83
125	125	of instruments, according to law. 84
126	126	(l) RECALL OF COUNTY OFFICERS AND COMMISSIONERS. The 85
127	127	legislature may provide by general law for the recall of county 86
128	128	officers and commissioners. 87
129	129	BE IT FURTHER RESOLVED that the following statement be 88
130	130	placed on the ballot: 89
131	131	CONSTITUTIONAL AMEND MENT 90
132	132	ARTICLE VIII, SECTIO N 1 91
133	133	RECALL OF COUNTY OFF ICERS AND COMMISSION ERS.—Proposing an 92
134	134	amendment to the State Constitution to authorize th e Legislature 93
135	135	to provide by general law for the recall of county officers and 94
136	136	commissioners. 95