Florida HJR 77: Recall of County Officers and Commissioners

Bill Text

HJR 77 2025

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House Joint Resolution 1
A joint resolution proposing an amendment to Section 1 2
of Article VIII of the State Constitution to authorize 3
the recall of county officers and commissioners by the 4
electors of this state. 5
6
Be It Resolved by the Legislature of the State of Florida: 7
8
That the following amendment to Section 1 of Article VIII 9
of the State Constitution is agreed to and shall be submitted to 10
the electors of this state for approval or rejection at the next 11
general election or at an earlier special election specifically 12
authorized by law for that purpose: 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adopted, amended or repealed only upon vote of the electors of 25

HJR 77 2025

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the county in a special election called for that purpose. 26
(d) COUNTY OFFICERS. There shall be elected by the 27
electors of each county, for terms of four years, a sheriff, a 28
tax collector, a property appraiser, a supervisor of elections, 29
and a clerk of the circuit court. Unless otherwise provided by 30
special law approved by vote of the electors or pursuant to 31
Article V, section 16, the clerk of the circuit court shall be 32
ex officio clerk of the board of county commissioners, auditor, 33
recorder and custodian of all county funds. Notwithstanding 34
subsection 6(e) of this article, a county charter may not 35
abolish the office of a sheriff, a tax collector, a property 36
appraiser, a supervisor of elections, or a clerk of the circuit 37
court; transfer the duties of those officers to another officer 38
or office; change the length of the four-year term of office; or 39
establish any manner of selection other than by election by the 40
electors of the county. 41
(e) COMMISSIONERS. Except when otherwise provided by 42
county charter, the governing body of each county shall be a 43
board of county commissioners composed of five or seven members 44
serving staggered terms of four years. After each decennial 45
census the board of county commissioners shall divide the county 46
into districts of contiguous territory as nearly equal in 47
population as practicable. One commissioner residing in each 48
district shall be elected as provided by law. 49
(f) NON-CHARTER GOVERNMENT. Counties not operating under 50

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county charters shall have such power of self-government as is 51
provided by general or special law. The board of county 52
commissioners of a county not operating under a charter may 53
enact, in a manner prescribed by general law, county ordinances 54
not inconsistent with general or special law, but an ordinance 55
in conflict with a municipal ordinance shall not be effective 56
within the municipality to the extent of such conflict. 57
(g) CHARTER GOVERNMENT. Counties operating under county 58
charters shall have all powers of local self-government not 59
inconsistent with general law, or with special law approved by 60
vote of the electors. The governing body of a county operating 61
under a charter may enact county ordinances not inconsistent 62
with general law. The charter shall provide which shall prevail 63
in the event of conflict between county and municipal 64
ordinances. 65
(h) TAXES; LIMITATION. Property situate within 66
municipalities shall not be subject to taxation for services 67
rendered by the county exclusively for the benefit of the 68
property or residents in unincorporated areas. 69
(i) COUNTY ORDINANCES. Each county ordinance shall be 70
filed with the custodian of state records and shall become 71
effective at such time thereafter as is provided by general law. 72
(j) VIOLATION OF ORDINANCES. Persons violating county 73
ordinances shall be prosecuted and punished as provided by law. 74
(k) COUNTY SEAT. In every county there shall be a county 75

HJR 77 2025

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seat at which shall be located the principal offices and 76
permanent records of all county officers. The count