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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 amendments to Section 1 2
of Article VIII and Section 5 of Article IX of the 3
State Constitution to require the membership 4
composition of a board of county commissioners to be 5
based on population, to require county commissioners 6
to be elected by the qualified electors who reside in 7
the same county commission district as the 8
commissioner, and to requi re the superintendent of 9
schools to be elected. 10
11
Be It Resolved by the Legislature of the State of Florida: 12
13
That the following amendment to Section 1 of Article VIII 14
of the State Constitution is agreed to and shall be submitted to 15
the electors of this state for approval or rejection at the next 16
general election or at an earlier special election specifically 17
authorized by law for that purpose: 18
ARTICLE VIII 19
LOCAL GOVERNMENT 20
SECTION 1. Counties. — 21
(a) POLITICAL SUBDIVISIONS. The state shall be divi ded by 22
law into political subdivisions called counties. Counties may be 23
created, abolished or changed by law, with provision for payment 24
or apportionment of the public debt. 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
(b) COUNTY FUNDS. The care, custody and method of 26
disbursing county funds shall be provided by general law. 27
(c) GOVERNMENT. Pursuant to general or special law, a 28
county government may be established by charter which shall be 29
adopted, amended or repealed only upon vote of the electors of 30
the county in a special election called for that purpose. 31
(d) COUNTY OFFICERS. There shall be elected by the 32
electors of each county, for terms of four years, a sheriff, a 33
tax collector, a property appraiser, a supervisor of elections, 34
and a clerk of the circuit court. Unless otherwise provided b y 35
special law approved by vote of the electors or pursuant to 36
Article V, section 16, the clerk of the circuit court shall be 37
ex officio clerk of the board of county commissioners, auditor, 38
recorder and custodian of all county funds. Notwithstanding 39
subsection 6(e) of this article, a county charter may not 40
abolish the office of a sheriff, a tax collector, a property 41
appraiser, a supervisor of elections, or a clerk of the circuit 42
court; transfer the duties of those officers to another officer 43
or office; change the length of the four -year term of office; or 44
establish any manner of selection other than by election by the 45
electors of the county. 46
(e) COMMISSIONERS. Except when otherwise provided by 47
county charter, the governing body of each county shall be a 48
board of county commissioners . The membership composition of a 49
board of county commissioners shall be based on the population 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
of each county commissioner 's district composed of five or seven 51
members serving staggered terms of four years . After each 52
decennial census the board of county commissioners shall divide 53
the county into districts of contiguous territory as nearly 54
equal in population as practicable. A county commissioner shall 55
be nominated and elected to office only by the qualified 56
electors who reside in the same county commission district as 57
the commissioner One commissioner residing in each district 58
shall be elected as provided by law . 59
(f) NON-CHARTER GOVERNMENT. Counties not operating under 60
county charters shall have such power of self -government as is 61
provided by general or special law. The board of county 62
commissioners of a county not operating under a charter may 63
enact, in a manner prescribed by general law, county ordinances 64
not inconsistent with general or special law, but an ordinance 65
in conflict with a municipal ordinance shall not be effective 66
within the municipality to the extent of such conflict. 67
(g) CHARTER GOVERNMENT. Counties operating under county 68
charters shall have all powers of local self -government not 69
inconsistent with general law, or with special law approved by 70
vote of the electors. The governing body of a county operating 71
under a charter may enact county ordinances not inconsistent 72
with general law. The charter shall provide which shall prevail 73
in the event of conflict betwee n county and municipal 74
ordinances. 75
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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
(h) TAXES; LIMITATION. Property situate within 76
municipalities shall not be subject to taxation for services 77
rendered by the county exclusively for the benefit of the 78
property or residents in unincorporated areas. 79
(i) COUNTY ORDINANCES. Each county ordinance shall be 80
filed with the custodian of state records and shall become 81
effective at such time thereafter as is provided by general law. 82
(j) VIOLATION OF ORDINANCES. Persons violating county 83
ordinances shall be pro secuted and punished as provided by law. 84
(k) COUNTY SEAT. In every county there shall be a county 85
seat at which shall be located the principal offices and 86
permanent records of all county officers. The county seat may 87
not be moved except as provided by g eneral law. Branch offices 88
for the conduct of county business may be established elsewhere 89
in the county by resolution of the governing body of the county 90
in the manner prescribed by law. No instrument shall be deemed 91
recorded until filed at the county sea t, or a branch office 92
designated by the governing body of the county for the recording 93
of instruments, according to law. 94
95
ARTICLE IX 96
EDUCATION 97
SECTION 5. Superintendent of schools. —In each school 98
district there shall be a superintendent of schools who sh all be 99
elected at the general election in each year the number of which 100
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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
is a multiple of four for a term of four years ; or, when 101
provided by resolution of the district school board, or by 102
special law, approved by vote of the electors, the district 103
school superintendent in any school district shall be employed 104
by the district school board as provided by general law. The 105
resolution or special law may be rescinded or repealed by either 106
procedure after four years . 107
BE IT FURTHER RESOLVED that the following stat ement be 108
placed on the ballot: 109
CONSTITUTIONAL AMEND MENT 110
ARTICLE VIII, SECTIO N 1 111
ARTICLE IX, SECTION 5 112
ELECTION OF COUNTY COMMISSIONERS AND SUPERINTENDENTS OF 113
SCHOOLS.—Proposing an amendment to the State Constitution to 114
require the membership composition o f a board of county 115
commissioners to be based on population, to require county 116
commissioners to be elected by the qualified electors who reside 117
in the same county commission district as the commissioner, and 118
to require the superintendent of schools to be e lected. 119