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.