CRC - 2017                                                P 6005
       By the Committee on Style and Drafting
       350-00435-17                                          20176005__
    2                             REVISION 5                            
    4         A proposal to amend Section 3 of Article III of the
    5         State Constitution to provide that the Legislature
    6         convene for regular session on the second Tuesday
    7         after the first Monday in January of each even
    8         numbered year; amend Section 4 of Article IV of the
    9         State Constitution to establish the Office of Domestic
   10         Security and Counterterrorism within the Department of
   11         Law Enforcement; amend Section 11 of Article IV of the
   12         State Constitution to require, rather than authorize,
   13         the Legislature to provide for the Department of
   14         Veterans’ Affairs and prescribe its duties by general
   15         law and to specify that the head of the department is
   16         the Governor and Cabinet; and amend Sections 1 and 6
   17         of Article VIII of the State Constitution to remove
   18         authority for a county charter or a special law to
   19         provide for choosing specified county officers in a
   20         manner other than election and to prohibit a county
   21         charter from abolishing specified county officers,
   22         transferring duties of a county officer to another
   23         officer or office, changing the length of terms of
   24         county officers, or establishing any manner of
   25         selection of county officers other than by election.
   27  Be It Proposed by the Constitution Revision Commission of
   28  Florida:
   30         Section 3 of Article III of the State Constitution is
   31  amended to read:
   32                             ARTICLE III                           
   33                             LEGISLATURE                           
   34         SECTION 3. Sessions of the legislature.—
   35         (a) ORGANIZATION SESSIONS. On the fourteenth day following
   36  each general election the legislature shall convene for the
   37  exclusive purpose of organization and selection of officers.
   38         (b) REGULAR SESSIONS. A regular session of the legislature
   39  shall convene on the first Tuesday after the first Monday in
   40  March of each odd-numbered year, and on the second first Tuesday
   41  after the first Monday in January March, or such other date as
   42  may be fixed by law, of each even-numbered year.
   43         (c) SPECIAL SESSIONS.
   44         (1) The governor, by proclamation stating the purpose, may
   45  convene the legislature in special session during which only
   46  such legislative business may be transacted as is within the
   47  purview of the proclamation, or of a communication from the
   48  governor, or is introduced by consent of two-thirds of the
   49  membership of each house.
   50         (2) A special session of the legislature may be convened as
   51  provided by law.
   52         (d) LENGTH OF SESSIONS. A regular session of the
   53  legislature shall not exceed sixty consecutive days, and a
   54  special session shall not exceed twenty consecutive days, unless
   55  extended beyond such limit by a three-fifths vote of each house.
   56  During such an extension no new business may be taken up in
   57  either house without the consent of two-thirds of its
   58  membership.
   59         (e) ADJOURNMENT. Neither house shall adjourn for more than
   60  seventy-two consecutive hours except pursuant to concurrent
   61  resolution.
   62         (f) ADJOURNMENT BY GOVERNOR. If, during any regular or
   63  special session, the two houses cannot agree upon a time for
   64  adjournment, the governor may adjourn the session sine die or to
   65  any date within the period authorized for such session; provided
   66  that, at least twenty-four hours before adjourning the session,
   67  and while neither house is in recess, each house shall be given
   68  formal written notice of the governor’s intention to do so, and
   69  agreement reached within that period by both houses on a time
   70  for adjournment shall prevail.
   72         Sections 4 and 11 of Article IV of the State Constitution
   73  are amended to read:
   74                             ARTICLE IV                            
   75                              EXECUTIVE                            
   76         SECTION 4. Cabinet.—
   77         (a) There shall be a cabinet composed of an attorney
   78  general, a chief financial officer, and a commissioner of
   79  agriculture. In addition to the powers and duties specified
   80  herein, they shall exercise such powers and perform such duties
   81  as may be prescribed by law. In the event of a tie vote of the
   82  governor and cabinet, the side on which the governor voted shall
   83  be deemed to prevail.
   84         (b) The attorney general shall be the chief state legal
   85  officer. There is created in the office of the attorney general
   86  the position of statewide prosecutor. The statewide prosecutor
   87  shall have concurrent jurisdiction with the state attorneys to
   88  prosecute violations of criminal laws occurring or having
   89  occurred, in two or more judicial circuits as part of a related
   90  transaction, or when any such offense is affecting or has
   91  affected two or more judicial circuits as provided by general
   92  law. The statewide prosecutor shall be appointed by the attorney
   93  general from not less than three persons nominated by the
   94  judicial nominating commission for the supreme court, or as
   95  otherwise provided by general law.
   96         (c) The chief financial officer shall serve as the chief
   97  fiscal officer of the state, and shall settle and approve
   98  accounts against the state, and shall keep all state funds and
   99  securities.
  100         (d) The commissioner of agriculture shall have supervision
  101  of matters pertaining to agriculture except as otherwise
  102  provided by law.
  103         (e) The governor as chair, the chief financial officer, and
  104  the attorney general shall constitute the state board of
  105  administration, which shall succeed to all the power, control,
  106  and authority of the state board of administration established
  107  pursuant to Article IX, Section 16 of the Constitution of 1885,
  108  and which shall continue as a body at least for the life of
  109  Article XII, Section 9(c).
  110         (f) The governor as chair, the chief financial officer, the
  111  attorney general, and the commissioner of agriculture shall
  112  constitute the trustees of the internal improvement trust fund
  113  and the land acquisition trust fund as provided by law.
  114         (g) The governor as chair, the chief financial officer, the
  115  attorney general, and the commissioner of agriculture shall
  116  constitute the agency head of the Department of Law Enforcement.
  117  The Office of Domestic Security and Counterterrorism is created
  118  within the Department of Law Enforcement. The Office of Domestic
  119  Security and Counterterrorism shall provide support for
  120  prosecutors and federal, state, and local law enforcement
  121  agencies that investigate or analyze information relating to
  122  attempts or acts of terrorism or that prosecute terrorism, and
  123  shall perform any other duties that are provided by law.
  124         SECTION 11. Department of Veterans’ Veterans Affairs.—The
  125  legislature, by general law, shall provide for a may provide for
  126  the establishment of the Department of Veterans’ Veterans
  127  Affairs and prescribe its duties. The head of the department is
  128  the governor and cabinet.
  130         Sections 1 and 6 of Article VIII of the State Constitution
  131  are amended to read:
  132                            ARTICLE VIII                           
  133                          LOCAL GOVERNMENT                         
  134         SECTION 1. Counties.—
  135         (a) POLITICAL SUBDIVISIONS. The state shall be divided by
  136  law into political subdivisions called counties. Counties may be
  137  created, abolished or changed by law, with provision for payment
  138  or apportionment of the public debt.
  139         (b) COUNTY FUNDS. The care, custody and method of
  140  disbursing county funds shall be provided by general law.
  141         (c) GOVERNMENT. Pursuant to general or special law, a
  142  county government may be established by charter which shall be
  143  adopted, amended or repealed only upon vote of the electors of
  144  the county in a special election called for that purpose.
  145         (d) COUNTY OFFICERS. There shall be elected by the electors
  146  of each county, for terms of four years, a sheriff, a tax
  147  collector, a property appraiser, a supervisor of elections, and
  148  a clerk of the circuit court; except, when provided by county
  149  charter or special law approved by vote of the electors of the
  150  county, any county officer may be chosen in another manner
  151  therein specified, or any county office may be abolished when
  152  all the duties of the office prescribed by general law are
  153  transferred to another office. Unless When not otherwise
  154  provided by county charter or special law approved by vote of
  155  the electors or pursuant to Article V, section 16, the clerk of
  156  the circuit court shall be ex officio clerk of the board of
  157  county commissioners, auditor, recorder and custodian of all
  158  county funds. Notwithstanding subsection 6(e) of this article, a
  159  county charter may not abolish the office of a sheriff, a tax
  160  collector, a property appraiser, a supervisor of elections, or a
  161  clerk of the circuit court; transfer the duties of those
  162  officers to another officer or office; change the length of the
  163  four-year term of office; or establish any manner of selection
  164  other than by election by the electors of the county.
  165         (e) COMMISSIONERS. Except when otherwise provided by county
  166  charter, the governing body of each county shall be a board of
  167  county commissioners composed of five or seven members serving
  168  staggered terms of four years. After each decennial census the
  169  board of county commissioners shall divide the county into
  170  districts of contiguous territory as nearly equal in population
  171  as practicable. One commissioner residing in each district shall
  172  be elected as provided by law.
  173         (f) NON-CHARTER GOVERNMENT. Counties not operating under
  174  county charters shall have such power of self-government as is
  175  provided by general or special law. The board of county
  176  commissioners of a county not operating under a charter may
  177  enact, in a manner prescribed by general law, county ordinances
  178  not inconsistent with general or special law, but an ordinance
  179  in conflict with a municipal ordinance shall not be effective
  180  within the municipality to the extent of such conflict.
  181         (g) CHARTER GOVERNMENT. Counties operating under county
  182  charters shall have all powers of local self-government not
  183  inconsistent with general law, or with special law approved by
  184  vote of the electors. The governing body of a county operating
  185  under a charter may enact county ordinances not inconsistent
  186  with general law. The charter shall provide which shall prevail
  187  in the event of conflict between county and municipal
  188  ordinances.
  189         (h) TAXES; LIMITATION. Property situate within
  190  municipalities shall not be subject to taxation for services
  191  rendered by the county exclusively for the benefit of the
  192  property or residents in unincorporated areas.
  193         (i) COUNTY ORDINANCES. Each county ordinance shall be filed
  194  with the custodian of state records and shall become effective
  195  at such time thereafter as is provided by general law.
  196         (j) VIOLATION OF ORDINANCES. Persons violating county
  197  ordinances shall be prosecuted and punished as provided by law.
  198         (k) COUNTY SEAT. In every county there shall be a county
  199  seat at which shall be located the principal offices and
  200  permanent records of all county officers. The county seat may
  201  not be moved except as provided by general law. Branch offices
  202  for the conduct of county business may be established elsewhere
  203  in the county by resolution of the governing body of the county
  204  in the manner prescribed by law. No instrument shall be deemed
  205  recorded until filed at the county seat, or a branch office
  206  designated by the governing body of the county for the recording
  207  of instruments, according to law.
  208         SECTION 6. Schedule to Article VIII.—
  209         (a) This article shall replace all of Article VIII of the
  210  Constitution of 1885, as amended, except those sections
  211  expressly retained and made a part of this article by reference.
  213  status of the following items as they exist on the date this
  214  article becomes effective is recognized and shall be continued
  215  until changed in accordance with law: the counties of the state;
  216  their status with respect to the legality of the sale of
  217  intoxicating liquors, wines and beers; the method of selection
  218  of county officers; the performance of municipal functions by
  219  county officers; the county seats; and the municipalities and
  220  special districts of the state, their powers, jurisdiction and
  221  government.
  222         (c) OFFICERS TO CONTINUE IN OFFICE. Every person holding
  223  office when this article becomes effective shall continue in
  224  office for the remainder of the term if that office is not
  225  abolished. If the office is abolished the incumbent shall be
  226  paid adequate compensation, to be fixed by law, for the loss of
  227  emoluments for the remainder of the term.
  228         (d) ORDINANCES. Local laws relating only to unincorporated
  229  areas of a county on the effective date of this article may be
  230  amended or repealed by county ordinance.
  231         (e) CONSOLIDATION AND HOME RULE. Article VIII, Sections 9,
  232  10, 11 and 24, of the Constitution of 1885, as amended, shall
  233  remain in full force and effect as to each county affected, as
  234  if this article had not been adopted, until that county shall
  235  expressly adopt a charter or home rule plan pursuant to this
  236  article. All provisions of the Metropolitan Dade County Home
  237  Rule Charter, heretofore or hereafter adopted by the electors of
  238  Dade County pursuant to Article VIII, Section 11, of the
  239  Constitution of 1885, as amended, shall be valid, and any
  240  amendments to such charter shall be valid; provided that the
  241  said provisions of such charter and the said amendments thereto
  242  are authorized under said Article VIII, Section 11, of the
  243  Constitution of 1885, as amended.
  245  the extent not inconsistent with the powers of existing
  246  municipalities or general law, the Metropolitan Government of
  247  Dade County may exercise all the powers conferred now or
  248  hereafter by general law upon municipalities.
  249         (g) SELECTION AND DUTIES OF COUNTY OFFICERS.—The amendment
  250  to Section 1 of this article, relating to the selection and
  251  duties of county officers, shall take effect January 5, 2021,
  252  but shall govern with respect to the qualifying for and the
  253  holding of the primary and general elections for county
  254  constitutional officers in 2020.
  255         (h)(g) DELETION OF OBSOLETE SCHEDULE ITEMS. The legislature
  256  shall have power, by joint resolution, to delete from this
  257  article any subsection of this Section 6, including this
  258  subsection, when all events to which the subsection to be
  259  deleted is or could become applicable have occurred. A
  260  legislative determination of fact made as a basis for
  261  application of this subsection shall be subject to judicial
  262  review.
  264  BE IT FURTHER PROPOSED that the following statement be placed on
  265  the ballot:
  267                      CONSTITUTIONAL AMENDMENT                     
  268                       ARTICLE III, SECTION 3                      
  269                     ARTICLE IV, SECTIONS 4, 11                    
  270                     ARTICLE VIII, SECTIONS 1, 6                   
  272  Requires legislature to retain department of veterans’ affairs.
  273  Ensures election of sheriffs, property appraisers, supervisors
  274  of elections, tax collectors, and clerks of court in all
  275  counties; removes county charters’ ability to abolish, change
  276  term, transfer duties, or eliminate election of these offices.
  277  Changes annual legislative session commencement date in even
  278  numbered years from March to January; removes legislature’s
  279  authorization to fix another date. Creates office of domestic
  280  security and counterterrorism within department of law
  281  enforcement.