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adopted, amended or repealed only upon vote of the electors of 29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