CRC - 2017                                   COMMITTEE AMENDMENT
       Proposal No. P 61
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       The Committee on Local Government (Solari) recommended the
       following:
       
       
    1         CRC Amendment (with title amendment)
    2  
    3         Delete lines 10 - 13
    4  and insert:
    5         Sections 1 and 2 of Article VIII of the State Constitution
    6  are amended to read:
    7    					ARTICLE VIII
    8  				   LOCAL GOVERNMENT
    9         SECTION 1. Counties.—
   10         (a) POLITICAL SUBDIVISIONS. The state shall be divided by
   11  law into political subdivisions called counties. Counties may be
   12  created, abolished or changed by law, with provision for payment
   13  or apportionment of the public debt.
   14         (b) COUNTY FUNDS. The care, custody and method of
   15  disbursing county funds shall be provided by general law.
   16         (c) GOVERNMENT. Pursuant to general or special law, a
   17  county government may be established by charter which shall be
   18  adopted, amended or repealed only upon vote of the electors of
   19  the county in a special election called for that purpose.
   20         (d) COUNTY OFFICERS. There shall be elected by the electors
   21  of each county, for terms of four years, a sheriff, a tax
   22  collector, a property appraiser, a supervisor of elections, and
   23  a clerk of the circuit court; except, when provided by county
   24  charter or special law approved by vote of the electors of the
   25  county, any county officer may be chosen in another manner
   26  therein specified, or any county office may be abolished when
   27  all the duties of the office prescribed by general law are
   28  transferred to another office. When not otherwise provided by
   29  county charter or special law approved by vote of the electors,
   30  the clerk of the circuit court shall be ex officio clerk of the
   31  board of county commissioners, auditor, recorder and custodian
   32  of all county funds.
   33         (e) COMMISSIONERS. Except when otherwise provided by county
   34  charter, the governing body of each county shall be a board of
   35  county commissioners composed of five or seven members serving
   36  staggered terms of four years. After each decennial census the
   37  board of county commissioners shall divide the county into
   38  districts of contiguous territory as nearly equal in population
   39  as practicable. One commissioner residing in each district shall
   40  be elected as provided by law.
   41         (f) NON-CHARTER GOVERNMENT. Counties not operating under
   42  county charters shall have such power of self-government as is
   43  provided by general or special law. The board of county
   44  commissioners of a county not operating under a charter may
   45  enact, in a manner prescribed by general law, county ordinances
   46  not inconsistent with general or special law, but an ordinance
   47  in conflict with a municipal ordinance shall not be effective
   48  within the municipality to the extent of such conflict. A law
   49  enacted by the Legislature which restricts power granted to a
   50  non-charter county must:
   51         (1) Pass by a two-thirds vote of each house of the
   52  legislature;
   53         (2) State with specificity the statewide necessity
   54  justifying the restriction;
   55         (3) Be no broader than necessary to accomplish the
   56  statewide necessity expressed;
   57         (4) Contain only one restriction of a power granted herein;
   58         (5) Relate to one subject; and
   59         (6) Be considered by at least one committee of each house,
   60  each of which must publicly notice the legislation for at least
   61  forty-eight hours before its consideration.
   62         (g) CHARTER GOVERNMENT. Counties operating under county
   63  charters shall have all powers of local self-government not
   64  inconsistent with general law, or with special law approved by
   65  vote of the electors. The governing body of a county operating
   66  under a charter may enact county ordinances not inconsistent
   67  with general law. The charter shall provide which shall prevail
   68  in the event of conflict between county and municipal
   69  ordinances. A law enacted by the Legislature which restricts
   70  power granted to a charter county under this subsection must:
   71         (1) Pass by a two-thirds vote of each house of the
   72  legislature;
   73         (2) State with specificity the statewide necessity
   74  justifying the restriction;
   75         (3) Be no broader than necessary to accomplish the
   76  statewide necessity expressed;
   77         (4) Contain only one restriction of a power granted herein;
   78         (5) Relate to one subject; and
   79         (6) Be considered by at least one committee of each house,
   80  each of which must publicly notice the legislation for at least
   81  forty-eight hours before its consideration.
   82         (h) TAXES; LIMITATION. Property situate within
   83  municipalities shall not be subject to taxation for services
   84  rendered by the county exclusively for the benefit of the
   85  property or residents in unincorporated areas.
   86         (i) COUNTY ORDINANCES. Each county ordinance shall be filed
   87  with the custodian of state records and shall become effective
   88  at such time thereafter as is provided by general law.
   89         (j) VIOLATION OF ORDINANCES. Persons violating county
   90  ordinances shall be prosecuted and punished as provided by law.
   91         (k) COUNTY SEAT. In every county there shall be a county
   92  seat at which shall be located the principal offices and
   93  permanent records of all county officers. The county seat may
   94  not be moved except as provided by general law. Branch offices
   95  for the conduct of county business may be established elsewhere
   96  in the county by resolution of the governing body of the county
   97  in the manner prescribed by law. No instrument shall be deemed
   98  recorded until filed at the county seat, or a branch office
   99  designated by the governing body of the county for the recording
  100  of instruments, according to law.
  101  
  102  ================= T I T L E  A M E N D M E N T ================
  103  And the title is amended as follows:
  104         Delete lines 2 - 4
  105  and insert:
  106  Sections 1 and 2 of Article VIII of the State Constitution
  107  to provide that any law enacted by the Legislature that
  108  restricts the home rule powers granted to counties and