Florida 2024 Regular Session

Florida House Bill H0019 Compare Versions

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

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3	3	HJR 19 2024
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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
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12	12	House Joint Resolution 1
13	13	A joint resolution proposing an amendment to the State 2
14	14	Constitution to limit terms of office for county 3
15	15	commissioners by prohibiting incumbent members who 4
16	16	have held the office for the preceding 8 years from 5
17	17	appearing on a ballot for reelection to that office 6
18	18	and to specify that such term limits only apply to 7
19	19	terms of office beginning on or after November 5, 8
20	20	2024. 9
21	21	10
22	22	Be It Resolved by the Legislature of the Stat e of Florida: 11
23	23	12
24	24	That the following amendments to Sections 1 and 6 of 13
25	25	Article VIII of the State Constitution are agreed to and shall 14
26	26	be submitted to the electors of this state for approval or 15
27	27	rejection at the next general election or at an earlier special 16
28	28	election specifically authorized by law for that purpose: 17
29	29	ARTICLE VIII 18
30	30	Local Government 19
31	31	SECTION 1. Counties. — 20
32	32	(a) POLITICAL SUBDIVISIONS. The state shall be divided by 21
33	33	law into political subdivisions called counties. Counties may be 22
34	34	created, abolished or changed by law, with provision for payment 23
35	35	or apportionment of the public debt. 24
36	36	(b) COUNTY FUNDS. The care, custody and method of 25
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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
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47	47	disbursing county funds shall be provided by general law. 26
48	48	(c) GOVERNMENT. Pursuant to general or special law, a 27
49	49	county government may be established by charter which shall be 28
50	50	adopted, amended or repealed only upon vote of the electors of 29
51	51	the county in a special election called for that purpose. 30
52	52	(d) COUNTY OFFICERS. There shall be elected by the 31
53	53	electors of each coun ty, for terms of four years, a sheriff, a 32
54	54	tax collector, a property appraiser, a supervisor of elections, 33
55	55	and a clerk of the circuit court. Unless otherwise provided by 34
56	56	special law approved by vote of the electors or pursuant to 35
57	57	Article V, section 16, the clerk of the circuit court shall be 36
58	58	ex officio clerk of the board of county commissioners, auditor, 37
59	59	recorder and custodian of all county funds. Notwithstanding 38
60	60	subsection 6(e) of this article, a county charter may not 39
61	61	abolish the office of a sheriff, a tax collector, a property 40
62	62	appraiser, a supervisor of elections, or a clerk of the circuit 41
63	63	court; transfer the duties of those officers to another officer 42
64	64	or office; change the length of the four -year term of office; or 43
65	65	establish any manner of selection other than by election by the 44
66	66	electors of the county. 45
67	67	(e) COMMISSIONERS. Except when otherwise provided by 46
68	68	county charter, The governing body of each county shall be a 47
69	69	board of county commissioners composed of five or seven members 48
70	70	serving staggered terms of four years. However, a person may not 49
71	71	appear on the ballot for reelection to a board of county 50
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73	73	HJR 19 2024
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77	77	CODING: Words stricken are deletions; words underlined are additions.
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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
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82	82	commissioners if, by the end of his or her current term of 51
83	83	office, the person will have served, or but for resignation 52
84	84	would have served, in that office for 8 co nsecutive years. After 53
85	85	each decennial census , the board of county commissioners shall 54
86	86	divide the county into districts of contiguous territory as 55
87	87	nearly equal in population as practicable. One commissioner 56
88	88	residing in each district shall be elected as prov ided by law. 57
89	89	(f) NON-CHARTER GOVERNMENT. Counties not operating under 58
90	90	county charters shall have such power of self -government as is 59
91	91	provided by general or special law. The board of county 60
92	92	commissioners of a county not operating under a charter may 61
93	93	enact, in a manner prescribed by general law, county ordinances 62
94	94	not inconsistent with general or special law, but an ordinance 63
95	95	in conflict with a municipal ordinance shall not be effective 64
96	96	within the municipality to the extent of such conflict. 65
97	97	(g) CHARTER GOVERNMENT. Counties operating under county 66
98	98	charters shall have all powers of local self -government not 67
99	99	inconsistent with general law, or with special law approved by 68
100	100	vote of the electors. The governing body of a county operating 69
101	101	under a charter may enact county ordinances not inconsistent 70
102	102	with general law. The charter shall provide which shall prevail 71
103	103	in the event of conflict between county and municipal 72
104	104	ordinances. 73
105	105	(h) TAXES; LIMITATION. Property situate within 74
106	106	municipalities shall not be subject to ta xation for services 75
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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
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117	117	rendered by the county exclusively for the benefit of the 76
118	118	property or residents in unincorporated areas. 77
119	119	(i) COUNTY ORDINANCES. Each county ordinance shall be 78
120	120	filed with the custodian of state records and shall become 79
121	121	effective at such time thereafter as is provided by general law. 80
122	122	(j) VIOLATION OF ORDINANCES. Persons violating county 81
123	123	ordinances shall be prosecuted and punished as provided by law. 82
124	124	(k) COUNTY SEAT. In every county there shall be a county 83
125	125	seat at which shall be located the principal offices and 84
126	126	permanent records of all county officers. The county seat may 85
127	127	not be moved except as provided by general law. Branch offices 86
128	128	for the conduct of county business may be established elsewhere 87
129	129	in the county by resolution of th e governing body of the county 88
130	130	in the manner prescribed by law. No instrument shall be deemed 89
131	131	recorded until filed at the county seat, or a branch office 90
132	132	designated by the governing body of the county for the recording 91
133	133	of instruments, according to law. 92
134	134	SECTION 6. Schedule to Article VIII. — 93
135	135	(a) This article shall replace all of Article VIII of the 94
136	136	Constitution of 1885, as amended, except those sections 95
137	137	expressly retained and made a part of this article by reference. 96
138	138	(b) COUNTIES; COUNTY SEATS; MUNICI PALITIES; DISTRICTS. 97
139	139	The status of the following items as they exist on the date this 98
140	140	article becomes effective is recognized and shall be continued 99
141	141	until changed in accordance with law: the counties of the state; 100
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150	150	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
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152	152	their status with respect to the legality of the sale of 101
153	153	intoxicating liquors, wines and beers; the method of selection 102
154	154	of county officers; the performance of municipal functions by 103
155	155	county officers; the county seats; and the municipalities and 104
156	156	special districts of the state, their powers, jurisdi ction and 105
157	157	government. 106
158	158	(c) OFFICERS TO CONTINUE IN OFFICE. Every person holding 107
159	159	office when this article becomes effective shall continue in 108
160	160	office for the remainder of the term if that office is not 109
161	161	abolished. If the office is abolished the incumbent sh all be 110
162	162	paid adequate compensation, to be fixed by law, for the loss of 111
163	163	emoluments for the remainder of the term. 112
164	164	(d) ORDINANCES. Local laws relating only to 113
165	165	unincorporated areas of a county on the effective date of this 114
166	166	article may be amended or repeale d by county ordinance. 115
167	167	(e) CONSOLIDATION AND HOME RULE. Article VIII, Sections 116
168	168	9, 10, 11 and 24, of the Constitution of 1885, as amended, shall 117
169	169	remain in full force and effect as to each county affected, as 118
170	170	if this article had not been adopted, until th at county shall 119
171	171	expressly adopt a charter or home rule plan pursuant to this 120
172	172	article. All provisions of the Metropolitan Dade County Home 121
173	173	Rule Charter, heretofore or hereafter adopted by the electors of 122
174	174	Dade County pursuant to Article VIII, Section 11, of the 123
175	175	Constitution of 1885, as amended, shall be valid, and any 124
176	176	amendments to such charter shall be valid; provided that the 125
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178	178	HJR 19 2024
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185	185	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
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187	187	said provisions of such charter and the said amendments thereto 126
188	188	are authorized under said Article VIII, Section 11, of the 127
189	189	Constitution of 1885, as amended. 128
190	190	(f) DADE COUNTY; POWERS CONFERRED UPON MUNICIPALITIES. To 129
191	191	the extent not inconsistent with the powers of existing 130
192	192	municipalities or general law, the Metropolitan Government of 131
193	193	Dade County may exercise all the powers conferred now or 132
194	194	hereafter by general law upon municipalities. 133
195	195	(g) SELECTION AND DUTIES OF COUNTY OFFICERS. — 134
196	196	(1) Except as provided in this subsection, the amendment 135
197	197	to Section 1 of this article, relating to the selection and 136
198	198	duties of county officers, shall take e ffect January 5, 2021, 137
199	199	but shall govern with respect to the qualifying for and the 138
200	200	holding of the primary and general elections for county 139
201	201	constitutional officers in 2020. 140
202	202	(2) For Miami-Dade County and Broward County, the 141
203	203	amendment to Section 1 of this a rticle, relating to the 142
204	204	selection and duties of county officers, shall take effect 143
205	205	January 7, 2025, but shall govern with respect to the qualifying 144
206	206	for and the holding of the primary and general elections for 145
207	207	county constitutional officers in 2024. 146
208	208	(h) DELETION OF OBSOLETE SCHEDULE ITEMS. The legislature 147
209	209	shall have power, by joint resolution, to delete from this 148
210	210	article any subsection of this Section 6, including this 149
211	211	subsection, when all events to which the subsection to be 150
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213	213	HJR 19 2024
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222	222	deleted is or could become ap plicable have occurred. A 151
223	223	legislative determination of fact made as a basis for 152
224	224	application of this subsection shall be subject to judicial 153
225	225	review. 154
226	226	(i) LIMITATION ON TERMS OF OFFICE FOR COUNTY 155
227	227	COMMISSIONERS. This subsection and the amendment to Section 1 of 156
228	228	this article imposing limits on the terms of office for county 157
229	229	commissioners shall take effect upon approval by the electors, 158
230	230	but service in a term of office that commenced before November 159
231	231	5, 2024, may not be counted toward the limitation imposed by 160
232	232	Section 1 of this article. 161
233	233	BE IT FURTHER RESOLVED that the following statement be 162
234	234	placed on the ballot: 163
235	235	CONSTITUTIONAL AMEND MENT 164
236	236	ARTICLE VIII, SECTIO NS 1 AND 6 165
237	237	COUNTY COMMISSIONER TERM LIMITS.—Proposing an amendment to 166
238	238	the State Constitution to limit ter ms of office for county 167
239	239	commissioners by prohibiting incumbent members who have held the 168
240	240	office for the preceding 8 years from appearing on a ballot for 169
241	241	reelection to that office and to specify that such term limits 170
242	242	only apply to terms of office beginning on or after November 5, 171
243	243	2024. 172