CRC - 2017 CS for P 61 By the Committee on Local Government; and Commissioner Smith 330-00237-17 201761c1 1 A proposal to amend 2 Sections 1 and 2 of Article VIII of the State 3 Constitution to provide that any law enacted by the 4 Legislature that restricts the home rule powers 5 granted to counties and municipalities must meet 6 certain criteria. 7 8 Be It Proposed by the Constitution Revision Commission of 9 Florida: 10 11 Sections 1 and 2 of Article VIII of the State Constitution 12 are amended to read: 13 ARTICLE VIII 14 LOCAL GOVERNMENT 15 SECTION 1. Counties.— 16 (a) POLITICAL SUBDIVISIONS. The state shall be divided by 17 law into political subdivisions called counties. Counties may be 18 created, abolished or changed by law, with provision for payment 19 or apportionment of the public debt. 20 (b) COUNTY FUNDS. The care, custody and method of 21 disbursing county funds shall be provided by general law. 22 (c) GOVERNMENT. Pursuant to general or special law, a 23 county government may be established by charter which shall be 24 adopted, amended or repealed only upon vote of the electors of 25 the county in a special election called for that purpose. 26 (d) COUNTY OFFICERS. There shall be elected by the electors 27 of each county, for terms of four years, a sheriff, a tax 28 collector, a property appraiser, a supervisor of elections, and 29 a clerk of the circuit court; except, when provided by county 30 charter or special law approved by vote of the electors of the 31 county, any county officer may be chosen in another manner 32 therein specified, or any county office may be abolished when 33 all the duties of the office prescribed by general law are 34 transferred to another office. When not otherwise provided by 35 county charter or special law approved by vote of the electors, 36 the clerk of the circuit court shall be ex officio clerk of the 37 board of county commissioners, auditor, recorder and custodian 38 of all county funds. 39 (e) COMMISSIONERS. Except when otherwise provided by county 40 charter, the governing body of each county shall be a board of 41 county commissioners composed of five or seven members serving 42 staggered terms of four years. After each decennial census the 43 board of county commissioners shall divide the county into 44 districts of contiguous territory as nearly equal in population 45 as practicable. One commissioner residing in each district shall 46 be elected as provided by law. 47 (f) NON-CHARTER GOVERNMENT. Counties not operating under 48 county charters shall have such power of self-government as is 49 provided by general or special law. The board of county 50 commissioners of a county not operating under a charter may 51 enact, in a manner prescribed by general law, county ordinances 52 not inconsistent with general or special law, but an ordinance 53 in conflict with a municipal ordinance shall not be effective 54 within the municipality to the extent of such conflict. A law 55 enacted by the Legislature which restricts power granted to a 56 non-charter county must: 57 (1) State with specificity the statewide necessity 58 justifying the preemption; 59 (2) Be no broader than necessary to accomplish the 60 statewide necessity expressed; 61 (3) Contain only one preemption of a power granted herein; 62 and 63 (4) Relate to one subject. 64 (g) CHARTER GOVERNMENT. Counties operating under county 65 charters shall have all powers of local self-government not 66 inconsistent with general law, or with special law approved by 67 vote of the electors. The governing body of a county operating 68 under a charter may enact county ordinances not inconsistent 69 with general law. The charter shall provide which shall prevail 70 in the event of conflict between county and municipal 71 ordinances. A law enacted by the Legislature which restricts 72 power granted to a charter county under this subsection must: 73 (1) State with specificity the statewide necessity 74 justifying the preemption; 75 (2) Be no broader than necessary to accomplish the 76 statewide necessity expressed; 77 (3) Contain only one preemption of a power granted herein; 78 and 79 (4) Relate to one subject. 80 (h) TAXES; LIMITATION. Property situate within 81 municipalities shall not be subject to taxation for services 82 rendered by the county exclusively for the benefit of the 83 property or residents in unincorporated areas. 84 (i) COUNTY ORDINANCES. Each county ordinance shall be filed 85 with the custodian of state records and shall become effective 86 at such time thereafter as is provided by general law. 87 (j) VIOLATION OF ORDINANCES. Persons violating county 88 ordinances shall be prosecuted and punished as provided by law. 89 (k) COUNTY SEAT. In every county there shall be a county 90 seat at which shall be located the principal offices and 91 permanent records of all county officers. The county seat may 92 not be moved except as provided by general law. Branch offices 93 for the conduct of county business may be established elsewhere 94 in the county by resolution of the governing body of the county 95 in the manner prescribed by law. No instrument shall be deemed 96 recorded until filed at the county seat, or a branch office 97 designated by the governing body of the county for the recording 98 of instruments, according to law. 99 SECTION 2. Municipalities.— 100 (a) ESTABLISHMENT. Municipalities may be established or 101 abolished and their charters amended pursuant to general or 102 special law. When any municipality is abolished, provision shall 103 be made for the protection of its creditors. 104 (b) POWERS. Municipalities shall have governmental, 105 corporate and proprietary powers to enable them to conduct 106 municipal government, perform municipal functions and render 107 municipal services, and may exercise any power for municipal 108 purposes except as otherwise provided by law. A law enacted by 109 the legislature which preempts power granted to a municipality 110 under this subsection must: 111 (1) State with specificity the statewide necessity 112 justifying the preemption; 113 (2) Be no broader than necessary to accomplish the 114 statewide necessity expressed; 115 (3) Contain only one preemption of a power granted herein; 116 and 117 (4) Relate to one subject. 118 119 Each municipal legislative body shall be elective. 120 (c) ANNEXATION. Municipal annexation of unincorporated 121 territory, merger of municipalities, and exercise of extra 122 territorial powers by municipalities shall be as provided by 123 general or special law.