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.
6
7 Be It Proposed by the Constitution Revision Commission of
8 Florida:
9
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.
37
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.