CRC - 2017                                                  P 61
       By Commissioner Smith
       smithc-00071-17                                         201761__
    1                         A proposal to amend                       
    2         Section 2 of Article VIII of the State Constitution to
    3         provide that any law enacted by the Legislature that
    4         restricts the home rule powers granted to
    5         municipalities must meet certain criteria.
    7  Be It Proposed by the Constitution Revision Commission of
    8  Florida:
   10         Section 2 of Article VII of the State Constitution is
   11  amended to read:
   12                             ARTICLE VII                           
   13                          LOCAL GOVERNMENT                         
   14         SECTION 2. Municipalities.—
   15         (a) ESTABLISHMENT. Municipalities may be established or
   16  abolished and their charters amended pursuant to general or
   17  special law. When any municipality is abolished, provision shall
   18  be made for the protection of its creditors.
   19         (b) POWERS. Municipalities shall have governmental,
   20  corporate and proprietary powers to enable them to conduct
   21  municipal government, perform municipal functions and render
   22  municipal services, and may exercise any power for municipal
   23  purposes except as otherwise provided by law. A law enacted by
   24  the legislature which restricts power granted to a municipality
   25  under this subsection must:
   26         (1) Pass by a two-thirds vote of each house of the
   27  legislature;
   28         (2) State with specificity the statewide necessity
   29  justifying the restriction;
   30         (3) Be no broader than necessary to accomplish the
   31  statewide necessity expressed;
   32         (4) Contain only one restriction of a power granted herein;
   33         (5) Relate to one subject; and
   34         (6) Be considered by at least one committee of each house,
   35  each of which must publicly notice the legislation for at least
   36  forty-eight hours before its consideration.
   38  Each municipal legislative body shall be elective. This
   39  subsection is self-executing.
   40         (c) ANNEXATION. Municipal annexation of unincorporated
   41  territory, merger of municipalities, and exercise of extra
   42  territorial powers by municipalities shall be as provided by
   43  general or special law.