CRC - 2017                                                  P 13
       By Commissioner Timmann
       timmannc-00018B-17                                      201713__
    1                         A proposal to amend                       
    2         Sections 1 and 6 of Article VIII of the State
    3         Constitution to remove authority for a county charter
    4         or a special law to provide for choosing specified
    5         county officers in a manner other than election and to
    6         prohibit a county charter from abolishing specified
    7         county officers, transfering duties of a county
    8         officer to another officer or office, establishing the
    9         length of terms of county officers, or establishing
   10         any manner of selection of county officers other than
   11         by election.
   13  Be It Proposed by the Constitution Revision Commission of
   14  Florida:
   16         Sections 1 and 6 of Article VIII of the State Constitution
   17  are amended to read:
   18                            ARTICLE VIII                           
   19                          LOCAL GOVERNMENT                         
   20         SECTION 1. Counties.—
   21         (a) POLITICAL SUBDIVISIONS. The state shall be divided 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         (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   29  adopted, amended or repealed only upon vote of the electors of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 electors
   32  of each county, for terms of four years, a sheriff, a tax
   33  collector, a property appraiser, a supervisor of elections, and
   34  a clerk of the circuit court; except, when provided by county
   35  charter or special law approved by vote of the electors of the
   36  county, any county officer may be chosen in another manner
   37  therein specified, or any county office may be abolished when
   38  all the duties of the office prescribed by general law are
   39  transferred to another office. Unless When not otherwise
   40  provided by county charter or special law approved by vote of
   41  the electors or pursuant to Article V, section 16, the clerk of
   42  the circuit court shall be ex officio clerk of the board of
   43  county commissioners, auditor, recorder and custodian of all
   44  county funds. Notwithstanding subsection 6(e) of this article, a
   45  county charter may not abolish the office of a sheriff, a tax
   46  collector, a property appraiser, a supervisor of elections, or a
   47  clerk of the circuit court; transfer the duties of those
   48  officers to another officer or office; establish the length of
   49  the term of office; or establish any manner of selection other
   50  than by election by the electors of the county.
   51         (e) COMMISSIONERS. Except when otherwise provided by county
   52  charter, the governing body of each county shall be a board of
   53  county commissioners composed of five or seven members serving
   54  staggered terms of four years. After each decennial census the
   55  board of county commissioners shall divide the county into
   56  districts of contiguous territory as nearly equal in population
   57  as practicable. One commissioner residing in each district shall
   58  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 between county and municipal
   74  ordinances.
   75         (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 filed
   80  with the custodian of state records and shall become effective
   81  at such time thereafter as is provided by general law.
   82         (j) VIOLATION OF ORDINANCES. Persons violating county
   83  ordinances shall be prosecuted 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 general 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 seat, or a branch office
   92  designated by the governing body of the county for the recording
   93  of instruments, according to law.
   94         SECTION 6. Schedule to Article VIII.—
   95         (a) This article shall replace all of Article VIII of the
   96  Constitution of 1885, as amended, except those sections
   97  expressly retained and made a part of this article by reference.
   99  status of the following items as they exist on the date this
  100  article becomes effective is recognized and shall be continued
  101  until changed in accordance with law: the counties of the state;
  102  their status with respect to the legality of the sale of
  103  intoxicating liquors, wines and beers; the method of selection
  104  of county officers; the performance of municipal functions by
  105  county officers; the county seats; and the municipalities and
  106  special districts of the state, their powers, jurisdiction and
  107  government.
  108         (c) OFFICERS TO CONTINUE IN OFFICE. Every person holding
  109  office when this article becomes effective shall continue in
  110  office for the remainder of the term if that office is not
  111  abolished. If the office is abolished the incumbent shall be
  112  paid adequate compensation, to be fixed by law, for the loss of
  113  emoluments for the remainder of the term.
  114         (d) ORDINANCES. Local laws relating only to unincorporated
  115  areas of a county on the effective date of this article may be
  116  amended or repealed by county ordinance.
  117         (e) CONSOLIDATION AND HOME RULE. Article VIII, Sections 9,
  118  10, 11 and 24, of the Constitution of 1885, as amended, shall
  119  remain in full force and effect as to each county affected, as
  120  if this article had not been adopted, until that county shall
  121  expressly adopt a charter or home rule plan pursuant to this
  122  article. All provisions of the Metropolitan Dade County Home
  123  Rule Charter, heretofore or hereafter adopted by the electors of
  124  Dade County pursuant to Article VIII, Section 11, of the
  125  Constitution of 1885, as amended, shall be valid, and any
  126  amendments to such charter shall be valid; provided that the
  127  said provisions of such charter and the said amendments thereto
  128  are authorized under said Article VIII, Section 11, of the
  129  Constitution of 1885, as amended.
  131  the extent not inconsistent with the powers of existing
  132  municipalities or general law, the Metropolitan Government of
  133  Dade County may exercise all the powers conferred now or
  134  hereafter by general law upon municipalities.
  135         (g) SELECTION AND DUTIES OF COUNTY OFFICERS.—The amendment
  136  to Section 1 of this article, relating to the selection and
  137  duties of county officers, shall take effect January 5, 2021,
  138  but shall govern with respect to the qualifying for and the
  139  holding of the primary and general elections for county
  140  constitutional officers in 2020.
  141         (h)(g) DELETION OF OBSOLETE SCHEDULE ITEMS. The legislature
  142  shall have power, by joint resolution, to delete from this
  143  article any subsection of this Section 6, including this
  144  subsection, when all events to which the subsection to be
  145  deleted is or could become applicable have occurred. A
  146  legislative determination of fact made as a basis for
  147  application of this subsection shall be subject to judicial
  148  review.