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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 Section 1 2
of Article VIII of the State Constitution to authorize 3
the recall of county officers and commissioners by the 4
electors of this state. 5
6
Be It Resolved by the Legislature of the State of Florida: 7
8
That the following amendment to Section 1 of Article VIII 9
of the State Constitution is agreed to and shall be submitted to 10
the electors of this state for appro val or rejection at the next 11
general election or at an earlier special election specifically 12
authorized by law for that purpose: 13
ARTICLE VIII 14
LOCAL GOVERNMENT 15
SECTION 1. Counties. — 16
(a) POLITICAL SUBDIVISIONS. The state shall be divided by 17
law into political subdivisions called counties. Counties may be 18
created, abolished or changed by law, with provision for payment 19
or apportionment of the public debt. 20
(b) COUNTY FUNDS. The care, custody and method of 21
disbursing county funds shall be provided by gen eral law. 22
(c) GOVERNMENT. Pursuant to general or special law, a 23
county government may be established by charter which shall be 24
adopted, amended or repealed only upon vote of the electors of 25
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the county in a special election called for that purpose. 26
(d) COUNTY OFFICERS. There shall be elected by the 27
electors of each county, for terms of four years, a sheriff, a 28
tax collector, a property appraiser, a supervisor of elections, 29
and a clerk of the circuit court. Unless otherwise provided by 30
special law approved by vote of the electors or pursuant to 31
Article V, section 16, the clerk of the circuit court shall be 32
ex officio clerk of the board of county commissioners, auditor, 33
recorder and custodian of all county funds. Notwithstanding 34
subsection 6(e) of this ar ticle, a county charter may not 35
abolish the office of a sheriff, a tax collector, a property 36
appraiser, a supervisor of elections, or a clerk of the circuit 37
court; transfer the duties of those officers to another officer 38
or office; change the length of the four-year term of office; or 39
establish any manner of selection other than by election by the 40
electors of the county. 41
(e) COMMISSIONERS. Except when otherwise provided by 42
county charter, the governing body of each county shall be a 43
board of county commi ssioners composed of five or seven members 44
serving staggered terms of four years. After each decennial 45
census the board of county commissioners shall divide the county 46
into districts of contiguous territory as nearly equal in 47
population as practicable. One commissioner residing in each 48
district shall be elected as provided by law. 49
(f) NON-CHARTER GOVERNMENT. Counties not operating under 50
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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. P roperty 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 70
filed with the custodian of state records and shall become 71
effective 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. I n every county there shall be a county 75
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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
(l) RECALL OF COUNTY OFFICERS AND COMMISSIONERS. County 85
officers and commissioners may be removed from office by the 86
electors of this state pursuant to the process outlined in 87
section 100.361, Florida Statutes. 88
BE IT FURTHER RESOLVED that the following statement be 89
placed on the ballot: 90
CONSTITUTIONAL AMEND MENT 91
ARTICLE VIII, SECTIO N 1 92
RECALL OF COUNTY OFF ICERS AND COMMISSION ERS.—Proposing an 93
amendment to the State Constitution to authorize th e recall of 94
county officers and commissioners by the electors of this state. 95