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       2017 CRC                                                  P 6005
       
       
       
       
       
       
                                                             20176005er
    1                                                                   
    2                             REVISION 5                            
    3   A proposal to revise the State Constitution by the Constitution 
    4                   Revision Commission of Florida.                 
    5  
    6         A proposed revision relating to state and local
    7         government; amending Section 3 of Article III of the
    8         State Constitution to provide that the Legislature
    9         convene for regular session on the second Tuesday
   10         after the first Monday in January of each even
   11         numbered year; amending Section 4 of Article IV of the
   12         State Constitution to establish the Office of Domestic
   13         Security and Counterterrorism within the Department of
   14         Law Enforcement; amending Section 11 of Article IV of
   15         the State Constitution to require, rather than
   16         authorize, the Legislature to provide for the
   17         Department of Veterans’ Affairs and prescribe its
   18         duties by general law and to specify that the head of
   19         the department is the Governor and Cabinet; and
   20         amending Sections 1 and 6 of Article VIII of the State
   21         Constitution to remove the authority of a county
   22         charter or a special law to provide for choosing
   23         county officers in a manner other than election and to
   24         prohibit a county charter from abolishing county
   25         officers, transferring the duties of a county officer
   26         to another officer or office, changing the length of
   27         terms of county officers, or establishing any manner
   28         of selection of county officers other than by
   29         election.
   30          
   31  Be It Proposed by the Constitution Revision Commission of
   32  Florida:
   33  
   34         Section 3 of Article III of the State Constitution is
   35  amended to read:
   36                             ARTICLE III                           
   37                             LEGISLATURE                           
   38         SECTION 3. Sessions of the legislature.—
   39         (a) ORGANIZATION SESSIONS. On the fourteenth day following
   40  each general election the legislature shall convene for the
   41  exclusive purpose of organization and selection of officers.
   42         (b) REGULAR SESSIONS. A regular session of the legislature
   43  shall convene on the first Tuesday after the first Monday in
   44  March of each odd-numbered year, and on the second first Tuesday
   45  after the first Monday in January March, or such other date as
   46  may be fixed by law, of each even-numbered year.
   47         (c) SPECIAL SESSIONS.
   48         (1) The governor, by proclamation stating the purpose, may
   49  convene the legislature in special session during which only
   50  such legislative business may be transacted as is within the
   51  purview of the proclamation, or of a communication from the
   52  governor, or is introduced by consent of two-thirds of the
   53  membership of each house.
   54         (2) A special session of the legislature may be convened as
   55  provided by law.
   56         (d) LENGTH OF SESSIONS. A regular session of the
   57  legislature shall not exceed sixty consecutive days, and a
   58  special session shall not exceed twenty consecutive days, unless
   59  extended beyond such limit by a three-fifths vote of each house.
   60  During such an extension no new business may be taken up in
   61  either house without the consent of two-thirds of its
   62  membership.
   63         (e) ADJOURNMENT. Neither house shall adjourn for more than
   64  seventy-two consecutive hours except pursuant to concurrent
   65  resolution.
   66         (f) ADJOURNMENT BY GOVERNOR. If, during any regular or
   67  special session, the two houses cannot agree upon a time for
   68  adjournment, the governor may adjourn the session sine die or to
   69  any date within the period authorized for such session; provided
   70  that, at least twenty-four hours before adjourning the session,
   71  and while neither house is in recess, each house shall be given
   72  formal written notice of the governor’s intention to do so, and
   73  agreement reached within that period by both houses on a time
   74  for adjournment shall prevail.
   75  
   76         Sections 4 and 11 of Article IV of the State Constitution
   77  are amended to read:
   78                             ARTICLE IV                            
   79                              EXECUTIVE                            
   80         SECTION 4. Cabinet.—
   81         (a) There shall be a cabinet composed of an attorney
   82  general, a chief financial officer, and a commissioner of
   83  agriculture. In addition to the powers and duties specified
   84  herein, they shall exercise such powers and perform such duties
   85  as may be prescribed by law. In the event of a tie vote of the
   86  governor and cabinet, the side on which the governor voted shall
   87  be deemed to prevail.
   88         (b) The attorney general shall be the chief state legal
   89  officer. There is created in the office of the attorney general
   90  the position of statewide prosecutor. The statewide prosecutor
   91  shall have concurrent jurisdiction with the state attorneys to
   92  prosecute violations of criminal laws occurring or having
   93  occurred, in two or more judicial circuits as part of a related
   94  transaction, or when any such offense is affecting or has
   95  affected two or more judicial circuits as provided by general
   96  law. The statewide prosecutor shall be appointed by the attorney
   97  general from not less than three persons nominated by the
   98  judicial nominating commission for the supreme court, or as
   99  otherwise provided by general law.
  100         (c) The chief financial officer shall serve as the chief
  101  fiscal officer of the state, and shall settle and approve
  102  accounts against the state, and shall keep all state funds and
  103  securities.
  104         (d) The commissioner of agriculture shall have supervision
  105  of matters pertaining to agriculture except as otherwise
  106  provided by law.
  107         (e) The governor as chair, the chief financial officer, and
  108  the attorney general shall constitute the state board of
  109  administration, which shall succeed to all the power, control,
  110  and authority of the state board of administration established
  111  pursuant to Article IX, Section 16 of the Constitution of 1885,
  112  and which shall continue as a body at least for the life of
  113  Article XII, Section 9(c).
  114         (f) The governor as chair, the chief financial officer, the
  115  attorney general, and the commissioner of agriculture shall
  116  constitute the trustees of the internal improvement trust fund
  117  and the land acquisition trust fund as provided by law.
  118         (g) The governor as chair, the chief financial officer, the
  119  attorney general, and the commissioner of agriculture shall
  120  constitute the agency head of the Department of Law Enforcement.
  121  The Office of Domestic Security and Counterterrorism is created
  122  within the Department of Law Enforcement. The Office of Domestic
  123  Security and Counterterrorism shall provide support for
  124  prosecutors and federal, state, and local law enforcement
  125  agencies that investigate or analyze information relating to
  126  attempts or acts of terrorism or that prosecute terrorism, and
  127  shall perform any other duties that are provided by law.
  128         SECTION 11. Department of Veterans’ Veterans Affairs.—The
  129  legislature, by general law, shall provide for a may provide for
  130  the establishment of the Department of Veterans’ Veterans
  131  Affairs and prescribe its duties. The head of the department is
  132  the governor and cabinet.
  133  
  134         Sections 1 and 6 of Article VIII of the State Constitution
  135  are amended to read:
  136                            ARTICLE VIII                           
  137                          LOCAL GOVERNMENT                         
  138         SECTION 1. Counties.—
  139         (a) POLITICAL SUBDIVISIONS. The state shall be divided by
  140  law into political subdivisions called counties. Counties may be
  141  created, abolished or changed by law, with provision for payment
  142  or apportionment of the public debt.
  143         (b) COUNTY FUNDS. The care, custody and method of
  144  disbursing county funds shall be provided by general law.
  145         (c) GOVERNMENT. Pursuant to general or special law, a
  146  county government may be established by charter which shall be
  147  adopted, amended or repealed only upon vote of the electors of
  148  the county in a special election called for that purpose.
  149         (d) COUNTY OFFICERS. There shall be elected by the electors
  150  of each county, for terms of four years, a sheriff, a tax
  151  collector, a property appraiser, a supervisor of elections, and
  152  a clerk of the circuit court; except, when provided by county
  153  charter or special law approved by vote of the electors of the
  154  county, any county officer may be chosen in another manner
  155  therein specified, or any county office may be abolished when
  156  all the duties of the office prescribed by general law are
  157  transferred to another office. Unless When not otherwise
  158  provided by county charter or special law approved by vote of
  159  the electors or pursuant to Article V, section 16, the clerk of
  160  the circuit court shall be ex officio clerk of the board of
  161  county commissioners, auditor, recorder and custodian of all
  162  county funds. Notwithstanding subsection 6(e) of this article, a
  163  county charter may not abolish the office of a sheriff, a tax
  164  collector, a property appraiser, a supervisor of elections, or a
  165  clerk of the circuit court; transfer the duties of those
  166  officers to another officer or office; change the length of the
  167  four-year term of office; or establish any manner of selection
  168  other than by election by the electors of the county.
  169         (e) COMMISSIONERS. Except when otherwise provided by county
  170  charter, the governing body of each county shall be a board of
  171  county commissioners composed of five or seven members serving
  172  staggered terms of four years. After each decennial census the
  173  board of county commissioners shall divide the county into
  174  districts of contiguous territory as nearly equal in population
  175  as practicable. One commissioner residing in each district shall
  176  be elected as provided by law.
  177         (f) NON-CHARTER GOVERNMENT. Counties not operating under
  178  county charters shall have such power of self-government as is
  179  provided by general or special law. The board of county
  180  commissioners of a county not operating under a charter may
  181  enact, in a manner prescribed by general law, county ordinances
  182  not inconsistent with general or special law, but an ordinance
  183  in conflict with a municipal ordinance shall not be effective
  184  within the municipality to the extent of such conflict.
  185         (g) CHARTER GOVERNMENT. Counties operating under county
  186  charters shall have all powers of local self-government not
  187  inconsistent with general law, or with special law approved by
  188  vote of the electors. The governing body of a county operating
  189  under a charter may enact county ordinances not inconsistent
  190  with general law. The charter shall provide which shall prevail
  191  in the event of conflict between county and municipal
  192  ordinances.
  193         (h) TAXES; LIMITATION. Property situate within
  194  municipalities shall not be subject to taxation for services
  195  rendered by the county exclusively for the benefit of the
  196  property or residents in unincorporated areas.
  197         (i) COUNTY ORDINANCES. Each county ordinance shall be filed
  198  with the custodian of state records and shall become effective
  199  at such time thereafter as is provided by general law.
  200         (j) VIOLATION OF ORDINANCES. Persons violating county
  201  ordinances shall be prosecuted and punished as provided by law.
  202         (k) COUNTY SEAT. In every county there shall be a county
  203  seat at which shall be located the principal offices and
  204  permanent records of all county officers. The county seat may
  205  not be moved except as provided by general law. Branch offices
  206  for the conduct of county business may be established elsewhere
  207  in the county by resolution of the governing body of the county
  208  in the manner prescribed by law. No instrument shall be deemed
  209  recorded until filed at the county seat, or a branch office
  210  designated by the governing body of the county for the recording
  211  of instruments, according to law.
  212         SECTION 6. Schedule to Article VIII.—
  213         (a) This article shall replace all of Article VIII of the
  214  Constitution of 1885, as amended, except those sections
  215  expressly retained and made a part of this article by reference.
  216         (b) COUNTIES; COUNTY SEATS; MUNICIPALITIES; DISTRICTS. The
  217  status of the following items as they exist on the date this
  218  article becomes effective is recognized and shall be continued
  219  until changed in accordance with law: the counties of the state;
  220  their status with respect to the legality of the sale of
  221  intoxicating liquors, wines and beers; the method of selection
  222  of county officers; the performance of municipal functions by
  223  county officers; the county seats; and the municipalities and
  224  special districts of the state, their powers, jurisdiction and
  225  government.
  226         (c) OFFICERS TO CONTINUE IN OFFICE. Every person holding
  227  office when this article becomes effective shall continue in
  228  office for the remainder of the term if that office is not
  229  abolished. If the office is abolished the incumbent shall be
  230  paid adequate compensation, to be fixed by law, for the loss of
  231  emoluments for the remainder of the term.
  232         (d) ORDINANCES. Local laws relating only to unincorporated
  233  areas of a county on the effective date of this article may be
  234  amended or repealed by county ordinance.
  235         (e) CONSOLIDATION AND HOME RULE. Article VIII, Sections 9,
  236  10, 11 and 24, of the Constitution of 1885, as amended, shall
  237  remain in full force and effect as to each county affected, as
  238  if this article had not been adopted, until that county shall
  239  expressly adopt a charter or home rule plan pursuant to this
  240  article. All provisions of the Metropolitan Dade County Home
  241  Rule Charter, heretofore or hereafter adopted by the electors of
  242  Dade County pursuant to Article VIII, Section 11, of the
  243  Constitution of 1885, as amended, shall be valid, and any
  244  amendments to such charter shall be valid; provided that the
  245  said provisions of such charter and the said amendments thereto
  246  are authorized under said Article VIII, Section 11, of the
  247  Constitution of 1885, as amended.
  248         (f) DADE COUNTY; POWERS CONFERRED UPON MUNICIPALITIES. To
  249  the extent not inconsistent with the powers of existing
  250  municipalities or general law, the Metropolitan Government of
  251  Dade County may exercise all the powers conferred now or
  252  hereafter by general law upon municipalities.
  253         (g) SELECTION AND DUTIES OF COUNTY OFFICERS.—
  254         (1) Except as provided in this subsection, the amendment to
  255  Section 1 of this article, relating to the selection and duties
  256  of county officers, shall take effect January 5, 2021, but shall
  257  govern with respect to the qualifying for and the holding of the
  258  primary and general elections for county constitutional officers
  259  in 2020.
  260         (2) For Miami-Dade County and Broward County, the amendment
  261  to Section 1 of this article, relating to the selection and
  262  duties of county officers, shall take effect January 7, 2025,
  263  but shall govern with respect to the qualifying for and the
  264  holding of the primary and general elections for county
  265  constitutional officers in 2024.
  266         (h)(g) DELETION OF OBSOLETE SCHEDULE ITEMS. The legislature
  267  shall have power, by joint resolution, to delete from this
  268  article any subsection of this Section 6, including this
  269  subsection, when all events to which the subsection to be
  270  deleted is or could become applicable have occurred. A
  271  legislative determination of fact made as a basis for
  272  application of this subsection shall be subject to judicial
  273  review.
  274  
  275  BE IT FURTHER PROPOSED that the following statement be placed on
  276  the ballot:
  277  
  278                      CONSTITUTIONAL AMENDMENT                     
  279                       ARTICLE III, SECTION 3                      
  280                     ARTICLE IV, SECTIONS 4, 11                    
  281                     ARTICLE VIII, SECTIONS 1, 6                   
  282         STATE AND LOCAL GOVERNMENT STRUCTURE AND OPERATION.
  283  Requires legislature to retain department of veterans’ affairs.
  284  Ensures election of sheriffs, property appraisers, supervisors
  285  of elections, tax collectors, and clerks of court in all
  286  counties; removes county charters’ ability to abolish, change
  287  term, transfer duties, or eliminate election of these offices.
  288  Changes annual legislative session commencement date in even
  289  numbered years from March to January; removes legislature’s
  290  authorization to fix another date. Creates office of domestic
  291  security and counterterrorism within department of law
  292  enforcement.