Florida Senate - 2025 SJR 1454 By Senator Collins 14-02018-25 20251454__ 1 Senate Joint Resolution 2 A joint resolution proposing amendments to Section 1 3 of Article VIII and Section 5 of Article IX of the 4 State Constitution to require the membership 5 composition of a board of county commissioners to be 6 based on county population as provided by general law, 7 to require county commissioners to be elected by the 8 qualified electors who reside in the same county 9 commission district as the commissioner, and to 10 require the superintendent of schools to be elected. 11 12 Be It Resolved by the Legislature of the State of Florida: 13 14 That the following amendments to Section 1 of Article VIII 15 and Section 5 of Article IX of the State Constitution are agreed 16 to and shall be submitted to the electors of this state for 17 approval or rejection at the next general election or at an 18 earlier special election specifically authorized by law for that 19 purpose: 20 ARTICLE VIII 21 LOCAL GOVERNMENT 22 SECTION 1.Counties. 23 (a)POLITICAL SUBDIVISIONS.The state shall be divided by 24 law into political subdivisions called counties. Counties may be 25 created, abolished or changed by law, with provision for payment 26 or apportionment of the public debt. 27 (b)COUNTY FUNDS.The care, custody and method of 28 disbursing county funds shall be provided by general law. 29 (c)GOVERNMENT.Pursuant to general or special law, a 30 county government may be established by charter which shall be 31 adopted, amended or repealed only upon vote of the electors of 32 the county in a special election called for that purpose. 33 (d)COUNTY OFFICERS.There shall be elected by the 34 electors of each county, for terms of four years, a sheriff, a 35 tax collector, a property appraiser, a supervisor of elections, 36 and a clerk of the circuit court. Unless otherwise provided by 37 special law approved by vote of the electors or pursuant to 38 Article V, section 16, the clerk of the circuit court shall be 39 ex officio clerk of the board of county commissioners, auditor, 40 recorder and custodian of all county funds. Notwithstanding 41 subsection 6(e) of this article, a county charter may not 42 abolish the office of a sheriff, a tax collector, a property 43 appraiser, a supervisor of elections, or a clerk of the circuit 44 court; transfer the duties of those officers to another officer 45 or office; change the length of the four-year term of office; or 46 establish any manner of selection other than by election by the 47 electors of the county. 48 (e)COMMISSIONERS.Except when otherwise provided by 49 county charter, the governing body of each county shall be a 50 board of county commissioners. The membership composition of a 51 board of county commissioners shall be based on county 52 population as provided by general law composed of five or seven 53 members serving staggered terms of four years. After each 54 decennial census the board of county commissioners shall divide 55 the county into districts of contiguous territory as nearly 56 equal in population as practicable. A county commissioner shall 57 be nominated and elected to office only by the qualified 58 electors who reside in the same county commission district as 59 the commissioner One commissioner residing in each district 60 shall be elected as provided by law. 61 (f)NON-CHARTER GOVERNMENT.Counties not operating under 62 county charters shall have such power of self-government as is 63 provided by general or special law. The board of county 64 commissioners of a county not operating under a charter may 65 enact, in a manner prescribed by general law, county ordinances 66 not inconsistent with general or special law, but an ordinance 67 in conflict with a municipal ordinance shall not be effective 68 within the municipality to the extent of such conflict. 69 (g)CHARTER GOVERNMENT.Counties operating under county 70 charters shall have all powers of local self-government not 71 inconsistent with general law, or with special law approved by 72 vote of the electors. The governing body of a county operating 73 under a charter may enact county ordinances not inconsistent 74 with general law. The charter shall provide which shall prevail 75 in the event of conflict between county and municipal 76 ordinances. 77 (h)TAXES; LIMITATION.Property situate within 78 municipalities shall not be subject to taxation for services 79 rendered by the county exclusively for the benefit of the 80 property or residents in unincorporated areas. 81 (i)COUNTY ORDINANCES.Each county ordinance shall be 82 filed with the custodian of state records and shall become 83 effective at such time thereafter as is provided by general law. 84 (j)VIOLATION OF ORDINANCES.Persons violating county 85 ordinances shall be prosecuted and punished as provided by law. 86 (k)COUNTY SEAT.In every county there shall be a county 87 seat at which shall be located the principal offices and 88 permanent records of all county officers. The county seat may 89 not be moved except as provided by general law. Branch offices 90 for the conduct of county business may be established elsewhere 91 in the county by resolution of the governing body of the county 92 in the manner prescribed by law. No instrument shall be deemed 93 recorded until filed at the county seat, or a branch office 94 designated by the governing body of the county for the recording 95 of instruments, according to law. 96 ARTICLE IX 97 EDUCATION 98 SECTION 5.Superintendent of schools.In each school 99 district there shall be a superintendent of schools who shall be 100 elected at the general election in each year the number of which 101 is a multiple of four for a term of four years; or, when 102 provided by resolution of the district school board, or by 103 special law, approved by vote of the electors, the district 104 school superintendent in any school district shall be employed 105 by the district school board as provided by general law. The 106 resolution or special law may be rescinded or repealed by either 107 procedure after four years. 108 BE IT FURTHER RESOLVED that the following statement be 109 placed on the ballot: 110 CONSTITUTIONAL AMENDMENT 111 ARTICLE VIII, SECTION 1 112 ARTICLE IX, SECTION 5 113 ELECTION OF COUNTY COMMISSIONERS AND SUPERINTENDENTS OF 114 SCHOOLS.Proposing an amendment to the State Constitution to 115 require the membership composition of a board of county 116 commissioners to be based on county population as provided by 117 general law, to require county commissioners to be elected by 118 the qualified electors who reside in the same county commission 119 district as the commissioner, and to require the superintendent 120 of schools to be elected.