CRC - 2017 COMMITTEE AMENDMENT Proposal No. P 61 Ì4085085Î408508 LEGISLATIVE ACTION Senate . House Comm: WD . 01/26/2018 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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to general or special law, a 17 county government may be established by charter which shall be 18 adopted, amended or repealed only upon vote of the electors of 19 the county in a special election called for that purpose. 20 (d) COUNTY OFFICERS.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