F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HJR 19 2024
1 House Joint Resolution
2 A joint resolution proposing an amendment to the State
3 Constitution to limit terms of office for county
4 commissioners by prohibiting incumbent members who
5 have held the office for the preceding 8 years from
6 appearing on a ballot for reelection to that office
7 and to specify that such term limits only apply to
8 terms of office beginning on or after November 5,
9 2024.
10
11 Be It Resolved by the Legislature of the State of Florida:
12
13 That the following amendments to Sections 1 and 6 of
14 Article VIII of the State Constitution are agreed to and shall
15 be submitted to the electors of this state for approval or
16 rejection at the next general election or at an earlier special
17 election specifically authorized by law for that purpose:
18 ARTICLE VIII
19 Local Government
20 SECTION 1. Counties.—
21 (a) POLITICAL SUBDIVISIONS. The state shall be divided by
22 law into political subdivisions called counties. Counties may be
23 created, abolished or changed by law, with provision for payment
24 or apportionment of the public debt.
25 (b) COUNTY FUNDS. The care, custody and method of
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26 disbursing county funds shall be provided by general law.
27 (c) GOVERNMENT. Pursuant to general or special law, a
28 county government may be established by charter which shall be
29 adopted, amended or repealed only upon vote of the electors of
30 the county in a special election called for that purpose.
31 (d) COUNTY OFFICERS. There shall be elected by the
32 electors of each county, for terms of four years, a sheriff, a
33 tax collector, a property appraiser, a supervisor of elections,
34 and a clerk of the circuit court. Unless otherwise provided by
35 special law approved by vote of the electors or pursuant to
36 Article V, section 16, the clerk of the circuit court shall be
37 ex officio clerk of the board of county commissioners, auditor,
38 recorder and custodian of all county funds. Notwithstanding
39 subsection 6(e) of this article, a county charter may not
40 abolish the office of a sheriff, a tax collector, a property
41 appraiser, a supervisor of elections, or a clerk of the circuit
42 court; transfer the duties of those officers to another officer
43 or office; change the length of the four-year term of office; or
44 establish any manner of selection other than by election by the
45 electors of the county.
46 (e) COMMISSIONERS. Except when otherwise provided by
47 county charter, The governing body of each county shall be a
48 board of county commissioners composed of five or seven members
49 serving staggered terms of four years. However, a person may not
50 appear on the ballot for reelection to a board of county
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51 commissioners if, by the end of his or her current term of
52 office, the person will have served, or but for resignation
53 would have served, in that office for 8 consecutive years. After
54 each decennial census, the board of county commissioners shall
55 divide the county into districts of contiguous territory as
56 nearly equal in population as practicable. One commissioner
57 residing in each district shall be elected as provided by law.
58 (f) NON-CHARTER GOVERNMENT. Counties not operating under
59 county charters shall have such power of self-government as is
60 provided by general or special law. The board of county
61 commissioners of a county not operating under a charter may
62 enact, in a manner prescribed by general law, county ordinances
63 not inconsistent with general or special law, but an ordinance
64 in conflict with a municipal ordinance shall not be effective
65 within the municipality to the extent of such conflict.
66 (g) CHARTER GOVERNMENT. Counties operating under county
67 charters shall have all powers of local self-government not
68 inconsistent with general law, or with special law approved by
69 vote of the electors. The governing body of a county operating
70 under a charter may enact county ordinances not inconsistent
71 with general law. The charter shall provide which shall prevail
72 in the event of conflict between county and municipal
73 ordinances.
74 (h) TAXES; LIMITATION. Property situate within
75 municipalities shall not be subject to taxation for services
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76 rendered by the county exclusively for the benefit of the
77 property or residents in unincorporated areas.
78 (i) COUNTY ORDINANCES. Each county ordinance shall be
79 filed with the custodian of state records and shall become
80 effective at such time thereafter as is provided by general law.
81 (j) VIOLATION OF ORDINANCES. Persons violating county
82 ordinances shall be prosecuted and punished as provided by law.
83 (k) COUNTY SEAT. In every county there shall be a county
84 seat at which shall be located the principal offices and
85 permanent records of all county officers. The county seat may
86 not be moved except as provided by general law. Branch offices
87 for the conduct of county business may be established elsewhere
88 in the county by resolution of the governing body of the county
89 in the manner prescribed by law. No instrument shall be deemed
90 recorded until filed at the county seat, or a branch office
91 designated by the governing body of the county for the recording
92 of instruments, according to law.
93 SECTION 6. Schedule to Article VIII.—
94 (a) This article shall replace all of Article VIII of the
95 Constitution of 1885, as amended, except those sections
96 expressly retained and made a part of this article by reference.
97 (b) COUNTIES; COUNTY SEATS; MUNICIPALITIES; DISTRICTS.
98 The status of the following items as they exist on the date this
99 article becomes effective is recognized and shall be continued
100 until changed in accordance with law: the counties of the state;
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101 their status with respect to the legality of the sale of
102 intoxicating liquors, wines and beers; the method of selection
103 of county officers; the performance of municipal functions by
104 county officers; the county seats; and the municipalities and
105 special districts of the state, their powers, jurisdi ction and
106 government.
107 (c) OFFICERS TO CONTINUE IN OFFICE. Every person holding
108 office when this article becomes effective shall continue in
109 office for the remainder of the term if that office is not
110 abolished. If the office is abolished the incumbent shall be
111 paid adequate compensation, to be fixed by law, for the loss of
112 emoluments for the remainder of the term.
113 (d) ORDINANCES. Local laws relating only to
114 unincorporated areas of a county on the effective date of this
115 article may be amended or repealed by county ordinance.
116 (e) CONSOLIDATION AND HOME RULE. Article VIII, Sections
117 9, 10, 11 and 24, of the Constitution of 1885, as amended, shall
118 remain in full force and effect as to each county affected, as
119 if this article had not been adopted, until that county shall
120 expressly adopt a charter or home rule plan pursuant to this
121 article. All provisions of the Metropolitan Dade County Home
122 Rule Charter, heretofore or hereafter adopted by the electors of
123 Dade County pursuant to Article VIII, Section 11, of the
124 Constitution of 1885, as amended, shall be valid, and any
125 amendments to such charter shall be valid; provided that the
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126 said provisions of such charter and the said amendments thereto
127 are authorized under said Article VIII, Section 11, of the
128 Constitution of 1885, as amended.
129 (f) DADE COUNTY; POWERS CONFERRED UPON MUNICIPALITIES. To
130 the extent not inconsistent with the powers of existing
131 municipalities or general law, the Metropolitan Government of
132 Dade County may exercise all the powers conferred now or
133 hereafter by general law upon municipalities.
134 (g) SELECTION AND DUTIES OF COUNTY OFFICERS.—
135 (1) Except as provided in this subsection, the amendment
136 to Section 1 of this article, relating to the selection and
137 duties of county officers, shall take effect January 5, 2021,
138 but shall govern with respect to the qualifying for and the
139 holding of the primary and general elections for county
140 constitutional officers in 2020.
141 (2) For Miami-Dade County and Broward County, the
142 amendment to Section 1 of this article, relating to the
143 selection and duties of county officers, shall take effect
144 January 7, 2025, but shall govern with respect to the qualifying
145 for and the holding of the primary and general elections for
146 county constitutional officers in 2024.
147 (h) DELETION OF OBSOLETE SCHEDULE ITEMS. The legislature
148 shall have power, by joint resolution, to delete from this
149 article any subsection of this Section 6, including this
150 subsection, when all events to which the subsection to be
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151 deleted is or could become applicable have occurred. A
152 legislative determination of fact made as a basis for
153 application of this subsection shall be subject to judicial
154 review.
155 (i) LIMITATION ON TERMS OF OFFICE FOR COUNTY
156 COMMISSIONERS. This subsection and the amendment to Section 1 of
157 this article imposing limits on the terms of office for county
158 commissioners shall take effect upon approval by the electors,
159 but service in a term of office that commenced before November
160 5, 2024, may not be counted toward the limitation imposed by
161 Section 1 of this article.
162 BE IT FURTHER RESOLVED that the following statement be
163 placed on the ballot:
164 CONSTITUTIONAL AMENDMENT
165 ARTICLE VIII, SECTIONS 1 AND 6
166 COUNTY COMMISSIONER TERM LIMITS.—Proposing an amendment to
167 the State Constitution to limit terms of office for county
168 commissioners by prohibiting incumbent members who have held the
169 office for the preceding 8 years from appearing on a ballot for
170 reelection to that office and to specify that such term limits
171 only apply to terms of office beginning on or after November 5,
172 2024.
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