20 | 20 | | 7 |
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21 | 21 | | Be It Resolved by the Legislature of the State of Florida: 8 |
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22 | 22 | | 9 |
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23 | 23 | | That the following amendments to Section 1 of Article VIII 10 |
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24 | 24 | | and Section 4 of Article IX of the State Constitution are agreed 11 |
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25 | 25 | | to and shall be submitted to the electors of this state for 12 |
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26 | 26 | | approval or rejection at the next general election or at an 13 |
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27 | 27 | | earlier special election specifically authorized by law for that 14 |
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28 | 28 | | purpose: 15 |
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29 | 29 | | ARTICLE VIII 16 |
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30 | 30 | | LOCAL GOVERNMENT 17 |
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31 | 31 | | SECTION 1. Counties. — 18 |
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32 | 32 | | (a) POLITICAL SUBDIVISIONS. The state shall be divided by 19 |
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33 | 33 | | law into political subdivisions called counties. Counties may be 20 |
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34 | 34 | | created, abolished or changed by law, with provision for payment 21 |
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35 | 35 | | or apportionment of the public debt. 22 |
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36 | 36 | | (b) COUNTY FUNDS. The care, custody a nd method of 23 |
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37 | 37 | | disbursing county funds shall be provided by general law. 24 |
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38 | 38 | | (c) GOVERNMENT. Pursuant to general or special law, a 25 |
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39 | 39 | | |
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46 | 46 | | Page 2 of 6 |
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47 | 47 | | 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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48 | 48 | | |
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49 | 49 | | |
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50 | 50 | | |
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51 | 51 | | county government may be established by charter which shall be 26 |
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52 | 52 | | adopted, amended or repealed only upon vote of the electors of 27 |
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53 | 53 | | the county in a special election called for that purpose. 28 |
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54 | 54 | | (d) COUNTY OFFICERS. There shall be elected by the 29 |
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55 | 55 | | electors of each county, for terms of four years, a sheriff, a 30 |
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56 | 56 | | tax collector, a property appraiser, a supervisor of elections, 31 |
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57 | 57 | | and a clerk of the circuit court. Unless otherwise provided by 32 |
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58 | 58 | | special law approved by vote of the electors or pursuant to 33 |
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59 | 59 | | Article V, section 16, the clerk of the circuit court shall be 34 |
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60 | 60 | | ex officio clerk of the board of county commissioners, auditor, 35 |
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61 | 61 | | recorder and custodian of all county funds. Notwithstanding 36 |
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62 | 62 | | subsection 6(e) of this article, a county charter may not 37 |
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63 | 63 | | abolish the office of a sheriff, a tax collector, a property 38 |
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64 | 64 | | appraiser, a supervisor of elections, or a clerk of the circuit 39 |
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65 | 65 | | court; transfer the duties of those of ficers to another officer 40 |
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66 | 66 | | or office; change the length of the four -year term of office; or 41 |
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67 | 67 | | establish any manner of selection other than by election by the 42 |
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68 | 68 | | electors of the county. 43 |
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69 | 69 | | (e) COMMISSIONERS. Except when otherwise provided by 44 |
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70 | 70 | | county charter, the g overning body of each county shall be a 45 |
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71 | 71 | | board of county commissioners composed of five or seven members 46 |
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72 | 72 | | serving staggered terms of four years. After each decennial 47 |
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73 | 73 | | census the board of county commissioners shall divide the county 48 |
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74 | 74 | | into districts of contiguou s territory as nearly equal in 49 |
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75 | 75 | | population as practicable. One commissioner residing in each 50 |
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76 | 76 | | |
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88 | | - | district shall be elected as provided by law. Except as may be 51 |
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89 | | - | provided by general law relating to single -member districts 52 |
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90 | | - | after decennial redistricting, a person may not appear on the 53 |
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91 | | - | ballot for re-election as a member of a board of county 54 |
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92 | | - | commissioners if, by the end of his or her current term of 55 |
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93 | | - | office, such person will have served, or, but for resignation, 56 |
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94 | | - | would have served, as a member o f the board for eight 57 |
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95 | | - | consecutive years. Service in a term of office which commences 58 |
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96 | | - | on or before November 3, 2026, does not count toward the 59 |
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97 | | - | limitation imposed by this subsection. If a county charter 60 |
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98 | | - | provides that a chairperson or county mayor is elected county-61 |
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99 | | - | wide, the limitation imposed by this subsection does not 62 |
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100 | | - | prohibit a term-limited commissioner elected from a single -63 |
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101 | | - | member district from appearing on the ballot for election as 64 |
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102 | | - | chairperson or county mayor. 65 |
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103 | | - | (f) NON-CHARTER GOVERNMENT. Counties not operating under 66 |
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104 | | - | county charters shall have such power of self -government as is 67 |
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105 | | - | provided by general or special law. The board of county 68 |
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106 | | - | commissioners of a county not operating under a charter may 69 |
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107 | | - | enact, in a manner prescribed by general law, county ordinan ces 70 |
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108 | | - | not inconsistent with general or special law, but an ordinance 71 |
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109 | | - | in conflict with a municipal ordinance shall not be effective 72 |
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110 | | - | within the municipality to the extent of such conflict. 73 |
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111 | | - | (g) CHARTER GOVERNMENT. Counties operating under county 74 |
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112 | | - | charters shall have all powers of local self -government not 75 |
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| 88 | + | district shall be elected as provided by law. Except as provided 51 |
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| 89 | + | in general law relating to single -member districts after 52 |
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| 90 | + | decennial redistricting, a person may not appear on the ballot 53 |
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| 91 | + | for re-election as a member of a board of county commissioners 54 |
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| 92 | + | if, by the end of his or her current term of office, such person 55 |
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| 93 | + | will have served, or, but for resignation, would have served, as 56 |
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| 94 | + | a member of the board for eight years. Ser vice in a term of 57 |
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| 95 | + | office which commences on or before November 3, 2026, does not 58 |
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| 96 | + | count toward the limitation imposed by this subsection. 59 |
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| 97 | + | (f) NON-CHARTER GOVERNMENT. Counties not operating under 60 |
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| 98 | + | county charters shall have such power of self -government as is 61 |
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| 99 | + | provided by general or special law. The board of county 62 |
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| 100 | + | commissioners of a county not operating under a charter may 63 |
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| 101 | + | enact, in a manner prescribed by general law, county ordinances 64 |
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| 102 | + | not inconsistent with general or special law, but an ordinance 65 |
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| 103 | + | in conflict with a municipal ordinance shall not be effective 66 |
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| 104 | + | within the municipality to the extent of such conflict. 67 |
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| 105 | + | (g) CHARTER GOVERNMENT. Counties operating under county 68 |
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| 106 | + | charters shall have all powers of local self -government not 69 |
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| 107 | + | inconsistent with general la w, or with special law approved by 70 |
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| 108 | + | vote of the electors. The governing body of a county operating 71 |
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| 109 | + | under a charter may enact county ordinances not inconsistent 72 |
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| 110 | + | with general law. The charter shall provide which shall prevail 73 |
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| 111 | + | in the event of conflict between county and municipal 74 |
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| 112 | + | ordinances. 75 |
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125 | | - | inconsistent with general law, or with special law approved by 76 |
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126 | | - | vote of the electors. The governing body of a county operating 77 |
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127 | | - | under a charter may enact county ordinances not inconsistent 78 |
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128 | | - | with general law. The charter shall provide which shall prevail 79 |
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129 | | - | in the event of conflict between county and municipal 80 |
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130 | | - | ordinances. 81 |
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131 | | - | (h) TAXES; LIMITATION. Property situate within 82 |
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132 | | - | municipalities shall not be subject to taxation for services 83 |
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133 | | - | rendered by the county exclusively f or the benefit of the 84 |
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134 | | - | property or residents in unincorporated areas. 85 |
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135 | | - | (i) COUNTY ORDINANCES. Each county ordinance shall be 86 |
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136 | | - | filed with the custodian of state records and shall become 87 |
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137 | | - | effective at such time thereafter as is provided by general law. 88 |
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138 | | - | (j) VIOLATION OF ORDINANCES. Persons violating county 89 |
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139 | | - | ordinances shall be prosecuted and punished as provided by law. 90 |
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140 | | - | (k) COUNTY SEAT. In every county there shall be a county 91 |
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141 | | - | seat at which shall be located the principal offices and 92 |
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142 | | - | permanent records of all county officers. The county seat may 93 |
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143 | | - | not be moved except as provided by general law. Branch offices 94 |
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144 | | - | for the conduct of county business may be established elsewhere 95 |
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145 | | - | in the county by resolution of the governing body of the county 96 |
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146 | | - | in the manner prescribed by law. No instrument shall be deemed 97 |
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147 | | - | recorded until filed at the county seat, or a branch office 98 |
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148 | | - | designated by the governing body of the county for the recording 99 |
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149 | | - | of instruments, according to law. 100 |
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| 125 | + | (h) TAXES; LIMITATION. Property situate within 76 |
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| 126 | + | municipalities shall not be subject to taxation for services 77 |
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| 127 | + | rendered by the county exclusively for the benefit of the 78 |
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| 128 | + | property or residents in unincorporated areas. 79 |
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| 129 | + | (i) COUNTY ORDINANCES. Each county ordinance shall be 80 |
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| 130 | + | filed with the custodian of state records and shall become 81 |
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| 131 | + | effective at such time thereafter as is provided by general law. 82 |
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| 132 | + | (j) VIOLATION OF ORDINANCES. Persons violating county 83 |
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| 133 | + | ordinances shall be prosecuted and punished as provided by law. 84 |
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| 134 | + | (k) COUNTY SEAT. In every county there shall be a county 85 |
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| 135 | + | seat at which shall be located the principal offices and 86 |
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| 136 | + | permanent records of all county officers. The county seat may 87 |
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| 137 | + | not be moved except as provided b y general law. Branch offices 88 |
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| 138 | + | for the conduct of county business may be established elsewhere 89 |
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| 139 | + | in the county by resolution of the governing body of the county 90 |
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| 140 | + | in the manner prescribed by law. No instrument shall be deemed 91 |
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| 141 | + | recorded until filed at the county seat, or a branch office 92 |
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| 142 | + | designated by the governing body of the county for the recording 93 |
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| 143 | + | of instruments, according to law. 94 |
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| 144 | + | ARTICLE IX 95 |
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| 145 | + | EDUCATION 96 |
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| 146 | + | SECTION 4. School districts; school boards. — 97 |
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| 147 | + | (a) Each county shall constitute a school district; 98 |
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| 148 | + | provided, two or more contiguous counties, upon vote of the 99 |
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| 149 | + | electors of each county pursuant to law, may be combined into 100 |
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162 | | - | ARTICLE IX 101 |
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163 | | - | EDUCATION 102 |
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164 | | - | SECTION 4. School districts; school boards.— 103 |
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165 | | - | (a) Each county shall constitute a school district; 104 |
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166 | | - | provided, two or more contiguous counties, upon vote of the 105 |
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167 | | - | electors of each county pursuant to law, may be combined into 106 |
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168 | | - | one school district. In each school district there shall be a 107 |
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169 | | - | school board composed of five or more members chosen by vote of 108 |
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170 | | - | the electors in a nonpartisan election for appropriately 109 |
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171 | | - | staggered terms of four years, as provided by law. A person may 110 |
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172 | | - | not appear on the ballot for re -election to the office of school 111 |
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173 | | - | board member if, by the end of the current term of office, that 112 |
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174 | | - | person will have served, or, but for resignation, would have 113 |
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175 | | - | served, as a member of the school board for eight consecutive 114 |
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176 | | - | years. Service of a term of office which commenced before 115 |
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177 | | - | November 8, 2022, does not count toward the limitation imposed 116 |
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178 | | - | by this subsection. 117 |
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179 | | - | (b) The school board shall operate, control and supervise 118 |
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180 | | - | all free public schools within the school district and determine 119 |
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181 | | - | the rate of school district taxes within the limits prescribed 120 |
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182 | | - | herein. Two or more school districts may operate and finance 121 |
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183 | | - | joint educational programs. 122 |
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184 | | - | BE IT FURTHER RESOLVED that the following statement be 123 |
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185 | | - | placed on the ballot: 124 |
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186 | | - | CONSTITUTIONAL AMENDMENT 125 |
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| 162 | + | one school district. In each school district there shall be a 101 |
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| 163 | + | school board composed of five or more members chosen by vote of 102 |
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| 164 | + | the electors in a nonpartisan election for appropriately 103 |
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| 165 | + | staggered terms of four years, as provided by law. A person may 104 |
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| 166 | + | not appear on the ballot for re -election to the office of school 105 |
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| 167 | + | board member, if by the end of the current term of office, that 106 |
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| 168 | + | person will have serve d, or, but for resignation, would have 107 |
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| 169 | + | served, as a member of the school board for eight years. Service 108 |
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| 170 | + | of a term of office which commenced before November 8, 2022, 109 |
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| 171 | + | does not count toward the limitation imposed by this subsection. 110 |
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| 172 | + | (b) The school board sha ll operate, control and supervise 111 |
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| 173 | + | all free public schools within the school district and determine 112 |
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| 174 | + | the rate of school district taxes within the limits prescribed 113 |
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| 175 | + | herein. Two or more school districts may operate and finance 114 |
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| 176 | + | joint educational programs. 115 |
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| 177 | + | BE IT FURTHER RESOLVED that the following statement be 116 |
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| 178 | + | placed on the ballot: 117 |
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| 179 | + | CONSTITUTIONAL AMENDMENT 118 |
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| 180 | + | ARTICLE VIII, SECTION 1 119 |
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| 181 | + | ARTICLE IX, SECTION 4 120 |
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| 182 | + | TERM LIMITS FOR MEMBERS OF COUNTY COMMISSIONS AND DISTRICT 121 |
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| 183 | + | SCHOOL BOARDS.—This amendment to the State Constit ution provides 122 |
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| 184 | + | that a person is limited to serving eight years as a member of a 123 |
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| 185 | + | county commission and applies to terms of office that commence 124 |
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| 186 | + | after November 3, 2026. This amendment also provides that a 125 |
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199 | | - | ARTICLE VIII, SECTION 1 126 |
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200 | | - | ARTICLE IX, SECTION 4 127 |
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201 | | - | TERM LIMITS FOR MEMBERS OF COUNTY COMMISSIONS AND DISTRICT 128 |
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202 | | - | SCHOOL BOARDS.—Proposing amendments to the State Constitution to 129 |
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203 | | - | provide term limits of eight consecutive years for county 130 |
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204 | | - | commissioners for terms that commence after November 3, 2026, 131 |
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205 | | - | and to provide term limits of eight co nsecutive years for 132 |
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206 | | - | district school board members for terms that begin on or after 133 |
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207 | | - | November 8, 2022, as provided by general law. The amendments 134 |
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208 | | - | provide additional applicability. 135 |
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| 199 | + | person is limited to serving eight years as a member of a 126 |
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| 200 | + | district school board and applies to terms that began after 127 |
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| 201 | + | November 8, 2022, as provided by general law. 128 |
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