Bill Text: FL S1070 | 2012 | Regular Session | Comm Sub
Bill Title: Term Limits/County Commissioners
Spectrum: Bipartisan Bill
Status: (Failed) 2012-03-09 - Died in Judiciary [S1070 Detail]
Download: Florida-2012-S1070-Comm_Sub.html
Florida Senate - 2012 CS for SJR 1070
By the Committee on Community Affairs; and Senator Ring
578-02587A-12 20121070c1
1 Senate Joint Resolution
2 A joint resolution proposing an amendment to Section 1
3 of Article VIII of the State Constitution to authorize
4 the imposition of term limits on county commissioners
5 when provided by county charter.
6
7 Be It Resolved by the Legislature of the State of Florida:
8
9 That the following amendment to Section 1 of Article VIII
10 of the State Constitution is agreed to and shall be submitted to
11 the electors of this state for approval or rejection at the next
12 general election or at an earlier special election specifically
13 authorized by law for that purpose:
14 ARTICLE VIII
15 LOCAL GOVERNMENT
16 SECTION 1. Counties.—
17 (a) POLITICAL SUBDIVISIONS. The state shall be divided by
18 law into political subdivisions called counties. Counties may be
19 created, abolished, or changed by law, with provision for
20 payment or apportionment of the public debt.
21 (b) COUNTY FUNDS. The care, custody, and method of
22 disbursing county funds shall be provided by general law.
23 (c) GOVERNMENT. Pursuant to general or special law, a
24 county government may be established by charter which shall be
25 adopted, amended, or repealed only upon vote of the electors of
26 the county in a special election called for that purpose.
27 (d) COUNTY OFFICERS. There shall be elected by the electors
28 of each county, for terms of four years, a sheriff, a tax
29 collector, a property appraiser, a supervisor of elections, and
30 a clerk of the circuit court. A; except, when provided by county
31 charter or special law approved by vote of the electors of the
32 county may provide for, any county officer under this subsection
33 to may be chosen in another manner therein specified, or may
34 abolish any county office under this subsection may be abolished
35 when all the duties of the office prescribed by general law are
36 transferred to another office. When not otherwise provided by
37 county charter or special law approved by vote of the electors,
38 the clerk of the circuit court shall be ex officio clerk of the
39 board of county commissioners, auditor, recorder, and custodian
40 of all county funds.
41 (e) COMMISSIONERS. Except when otherwise provided by county
42 charter, the governing body of each county shall be a board of
43 county commissioners composed of five or seven members serving
44 staggered terms of four years. A county charter may impose term
45 limits on county commissioners. After each decennial census the
46 board of county commissioners shall divide the county into
47 districts of contiguous territory as nearly equal in population
48 as practicable. One commissioner residing in each district shall
49 be elected as provided by law.
50 (f) NON-CHARTER GOVERNMENT. Counties not operating under
51 county charters shall have such power of self-government as is
52 provided by general or special law. The board of county
53 commissioners of a county not operating under a charter may
54 enact, in a manner prescribed by general law, county ordinances
55 not inconsistent with general or special law, but an ordinance
56 in conflict with a municipal ordinance shall not be effective
57 within the municipality to the extent of such conflict.
58 (g) CHARTER GOVERNMENT. Counties operating under county
59 charters shall have all powers of local self-government not
60 inconsistent with general law, or with special law approved by
61 vote of the electors. The governing body of a county operating
62 under a charter may enact county ordinances not inconsistent
63 with general law. The charter shall provide which shall prevail
64 in the event of conflict between county and municipal
65 ordinances.
66 (h) TAXES; LIMITATION. Property situate within
67 municipalities shall not be subject to taxation for services
68 rendered by the county exclusively for the benefit of the
69 property or residents in unincorporated areas.
70 (i) COUNTY ORDINANCES. Each county ordinance shall be filed
71 with the custodian of state records and shall become effective
72 at such time thereafter as is provided by general law.
73 (j) VIOLATION OF ORDINANCES. Persons violating county
74 ordinances shall be prosecuted and punished as provided by law.
75 (k) COUNTY SEAT. In every county there shall be a county
76 seat at which shall be located the principal offices and
77 permanent records of all county officers. The county seat may
78 not be moved except as provided by general law. Branch offices
79 for the conduct of county business may be established elsewhere
80 in the county by resolution of the governing body of the county
81 in the manner prescribed by law. No instrument shall be deemed
82 recorded until filed at the county seat, or a branch office
83 designated by the governing body of the county for the recording
84 of instruments, according to law.
85 BE IT FURTHER RESOLVED that the following statement be
86 placed on the ballot:
87 CONSTITUTIONAL AMENDMENT
88 ARTICLE VIII, SECTION 1
89 TERM LIMITS ON COUNTY COMMISSIONERS WHEN PROVIDED BY COUNTY
90 CHARTER.—The State Constitution currently provides for the
91 election in each county of a board of county commissioners. The
92 term of office for each county commissioner is 4 years with no
93 term limits. This amendment to the State Constitution would
94 authorize the imposition of term limits on county commissioners
95 when provided by county charter.
