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Florida Constitution Revision Commission

PUB 700122: Revision of Terms of Office; Term Limits by Loyal Millett

ARTICLE III: LEGISLATURE, Section 15. Terms and qualifications of legislators.

SECTION 15.Terms and qualifications of legislators.
  1. SENATORS. Senators shall be elected for terms of four years, those from odd-numbered districts in the years the numbers of which are multiples of four and those from even-numbered districts in even-numbered years the numbers of which are not multiples of four; except, at the election next following a reapportionment, some senators shall be elected for terms of two years when necessary to maintain staggered terms.At the first general election following each federal census, the senators from even-numbered districts shall be elected for terms of 2-years, 4-years, and 4-years; and the senators from odd-numbered districts shall be elected for terms of 4-years, 2-years, and 4-years.
  2. REPRESENTATIVES. Members of the house of representatives shall be elected for terms of two years in each even-numbered year.
  3. QUALIFICATIONS. Each legislator shall be at least twenty-one years of age, an elector and resident of the district from which elected and shall have resided in the state for a period of two years prior to election.
  4. ASSUMING OFFICE; VACANCIES. Members of the legislature shall take office upon election. Vacancies in legislative office shall be filled only by election as provided by law.

ARTICLE IV: EXECUTIVE, Section 5. Election of governor, lieutenant governor and cabinet members; qualifications; terms.

SECTION 5.Election of governor, lieutenant governor and cabinet members; qualifications; terms.
  1. At a state-wide general election in each calendar year the number of which is even but not a multiple of four, the electors shall choose a governor and a lieutenant governor and members of the cabinet each for a term of four six years beginning on the first Tuesday after the first Monday in January of the succeeding year. In primary elections, candidates for the office of governor may choose to run without a lieutenant governor candidate. In the general election, all candidates for the offices of governor and lieutenant governor shall form joint candidacies in a manner prescribed by law so that each voter shall cast a single vote for a candidate for governor and a candidate for lieutenant governor running together.
  2. When elected, the governor, lieutenant governor and each cabinet member must be an elector not less than thirty years of age who has resided in the state for the preceding seven years. The attorney general must have been a member of the bar of Florida for the preceding five years. No person who has, or but for resignation would have, served as governor or acting governor for more than six years in two consecutive terms shall be elected governor for the succeeding term.

ARTICLE V: JUDICIARY, Section 16. Clerks of the circuit courts.

SECTION 16.

Clerks of the circuit courtsClerks of the Courts; County Clerks.

There shall be in each county a clerk of the circuit court courts and a county clerk who shall each be selected pursuant to the provisions of Article VIII section 1 elected for terms of six years. Notwithstanding any other provision of the constitution, the duties of the clerks of the circuit court may shall be divided by special or general law between the two officers, one serving as clerk of court and one serving as ex officio clerk of the board of county commissioners, auditor, recorder, and custodian of all county funds. There may be a clerk of the county court if authorized by general or special law.

ARTICLE V: JUDICIARY, Section 17. State attorneys.

SECTION 17.

State Attorneys. attorneys.

In each judicial circuit county a state attorney shall be elected for a term of four six years. Except as otherwise provided in this constitution, the state attorney shall be the prosecuting officer of all trial courts in that circuit county and shall perform other duties prescribed by general law; provided, however, when authorized by general law, the violations of all municipal ordinances may be prosecuted by municipal prosecutors. A state attorney shall be an elector of the state and reside in the territorial jurisdiction of the circuit county; shall be and have been a member of the bar The Bar of Florida for the preceding five years; shall devote full time to the duties of the office; and shall not engage in the private practice of law. State attorneys shall appoint such assistant state attorneys as may be authorized by law.

ARTICLE V: JUDICIARY, Section 18. Public defenders.

SECTION 18.

Public Defenders. defenders.

In each judicial circuit county a public defender shall be elected for a term of four six years, who shall perform duties prescribed by general law. A public defender shall be an elector of the state and reside in the territorial jurisdiction of the circuit county and shall be and have been a member of the The Bar of Florida for the preceding five years. Public defenders shall appoint such assistant public defenders as may be authorized by law.

ARTICLE VI: SUFFRAGE AND ELECTIONS, Section 4. Disqualifications.

SECTION 4.Disqualifications.
  1. No person convicted of a felony, or adjudicated in this or any other state to be mentally incompetent, shall be qualified to vote or hold office until restoration of civil rights or removal of disability.
  2. No person may appear on the ballot for re-election to any of the following offices:
    1. Florida representative,
    2. Florida senator,
    3. Florida Lieutenant governor,
    4. any office of the Florida cabinet,
    5. U.S. Representative from Florida, or
    6. U.S. Senator from Florida
    if, by the end of the current term of office, the person will have served (or, but for resignation, would have served) in that office for eight consecutive years.

ARTICLE VI: SUFFRAGE AND ELECTIONS, New Section.

Catchline: Term limits.

 

(1) In order to broaden the opportunities for public service and to assure that elected officials of governments are responsive to the citizens of those governments:

(A) No person, in his/her lifetime, shall serve more than 6 years as Governor;

(B) No person, in his/her lifetime, shall serve more than 6 years as Lieutenant-Governor;

(C) No person, in his/her lifetime, shall serve more than 6 years as Attorney-General;

(D) No person, in his/her lifetime, shall serve more than 6 years as Chief Financial Officer;

(E) No person, in his/her lifetime, shall serve more than 6 years as Commissioner of Agriculture; and

(F) No person, in his/her lifetime, shall serve more than 10 years in the Legislature, whether in one house, or a combination of both.

(2) No elected official of any county, municipality, school district, service authority, or any other political subdivision of the State of Florida, no appointed member of the State Board of Education, no appointed member of the Fish and Wildlife Conservation Commission, no appointed member of a judicial nominating commission established under Section 11 of Article V, and no appointed member of the Board of Governors of the State University System shall serve more than two consecutive terms in office, except that with respect to terms of office which are two years or shorter in duration, no such elected or appointed official shall serve more than three consecutive terms in office. This limitation on the number of terms shall apply to terms of office beginning on or after January 1, 2018. For purposes of this Section, terms are considered consecutive unless they are at least two years apart.

(3) This Section shall not apply to the justices of the Supreme Court, the judges of the District Courts of Appeal, the judges of the Circuit Courts, and/or the judges of the County Courts.

 

ARTICLE VIII: LOCAL GOVERNMENT, Section 1. Counties.

SECTION 1.Counties.
  1. POLITICAL SUBDIVISIONS. The state shall be divided by law into political subdivisions called counties. Counties may be created, abolished or changed by law, with provision for payment or apportionment of the public debt.
  2. COUNTY FUNDS. The care, custody and method of disbursing county funds shall be provided by general law.
  3. GOVERNMENT. Pursuant to general or special law, a county government may be established by charter which shall be adopted, amended or repealed only upon vote of the electors of the county in a special election called for that purpose.
  4. COUNTY OFFICERS. There shall be elected by the electors of each county, for terms of four six years, a sheriff, a tax collector, and a property appraiser., a supervisor of elections, and a clerk of the circuit court; except, when provided by county charter or special law approved by vote of the electors of the county, any county officer may be chosen in another manner therein specified, or any county office may be abolished when all the duties of the office prescribed by general law are transferred to another office. When not otherwise provided by county charter or special law approved by vote of the electors, the clerk of the circuit court shall be ex officio clerk of the board of county commissioners, auditor, recorder and custodian of all county funds.
  5. COMMISSIONERS. Except when otherwise provided by county charter, the governing body of each county shall be a board of county commissioners composed of five, seven, or nine or seven members serving staggered terms of four years. After each decennial census the board of county commissioners shall divide the county into districts of contiguous territory as nearly equal in population as practicable. One commissioner residing in each district shall be elected as provided by law.
  6. NON-CHARTER GOVERNMENT. Counties not operating under county charters shall have such power of self-government as is provided by general or special law. The board of county commissioners of a county not operating under a charter may enact, in a manner prescribed by general law, county ordinances not inconsistent with general or special law, but an ordinance in conflict with a municipal ordinance shall not be effective within the municipality to the extent of such conflict.
  7. CHARTER GOVERNMENT. Counties operating under county charters shall have all powers of local self-government not inconsistent with general law, or with special law approved by vote of the electors. The governing body of a county operating under a charter may enact county ordinances not inconsistent with general law. The charter shall provide which shall prevail in the event of conflict between county and municipal ordinances.
  8. TAXES; LIMITATION. Property situate within municipalities shall not be subject to taxation for services rendered by the county exclusively for the benefit of the property or residents in unincorporated areas.
  9. COUNTY ORDINANCES. Each county ordinance shall be filed with the custodian of state records and shall become effective at such time thereafter as is provided by general law.
  10. VIOLATION OF ORDINANCES. Persons violating county ordinances shall be prosecuted and punished as provided by law.
  11. COUNTY SEAT. In every county there shall be a county seat at which shall be located the principal offices and permanent records of all county officers. The county seat may not be moved except as provided by general law. Branch offices for the conduct of county business may be established elsewhere in the county by resolution of the governing body of the county in the manner prescribed by law. No instrument shall be deemed recorded until filed at the county seat, or a branch office designated by the governing body of the county for the recording of instruments, according to law.

ARTICLE IX: EDUCATION, Section 5. Superintendent of schools.

SECTION 5.

Superintendent of Schools. schools.

In each school district there shall be a superintendent of schools who shall be elected at the general election in each year the number of which is a multiple of four for a term of four six years.; or, when provided by resolution of the district school board, or by special law, approved by vote of the electors, the district school superintendent in any school district shall be employed by the district school board as provided by general law. The resolution or special law may be rescinded or repealed by either procedure after four years.