PUB 700525: Independent Cities by Loyal Millett
ARTICLE VIII: LOCAL GOVERNMENT, Section 6. Schedule to Article VIII.
- This article shall replace all of Article VIII of the Constitution of 1885, as amended, except those sections expressly retained and made a part of this article by reference.
- COUNTIES; COUNTY SEATS; MUNICIPALITIES; DISTRICTS. The status of the following items as they exist on the date this article becomes effective is recognized and shall be continued until changed in accordance with law: the counties of the state; their status with respect to the legality of the sale of intoxicating liquors, wines and beers; the method of selection of county officers; the performance of municipal functions by county officers; the county seats; and the municipalities and special districts of the state, their powers, jurisdiction and government.
- OFFICERS TO CONTINUE IN OFFICE. Every person holding office when this article becomes effective shall continue in office for the remainder of the term if that office is not abolished. If the office is abolished the incumbent shall be paid adequate compensation, to be fixed by law, for the loss of emoluments for the remainder of the term.
- ORDINANCES. Local laws relating only to unincorporated areas of a county on the effective date of this article may be amended or repealed by county ordinance.
- CONSOLIDATION AND HOME RULE. Article VIII, Sections 9, 10, 11 and 24, of the Constitution of 1885, as amended, shall remain in full force and effect as to each county affected, as if this article had not been adopted, until that county shall expressly adopt a charter or home rule plan pursuant to this article. All provisions of the Metropolitan Dade County Home Rule Charter, heretofore or hereafter adopted by the electors of Dade County pursuant to Article VIII, Section 11, of the Constitution of 1885, as amended, shall be valid, and any amendments to such charter shall be valid; provided that the said provisions of such charter and the said amendments thereto are authorized under said Article VIII, Section 11, of the Constitution of 1885, as amended.
- DADE COUNTY; POWERS CONFERRED UPON MUNICIPALITIES. To the extent not inconsistent with the powers of existing municipalities or general law, the Metropolitan Government of Dade County may exercise all the powers conferred now or hereafter by general law upon municipalities.
- DELETION OF OBSOLETE SCHEDULE ITEMS. The legislature shall have power, by joint resolution, to delete from this article any subsection of this Section 6, including this subsection, when all events to which the subsection to be deleted is or could become applicable have occurred. A legislative determination of fact made as a basis for application of this subsection shall be subject to judicial review.
ARTICLE VIII: LOCAL GOVERNMENT, New Section.
(a) INDEPENDENT CITIES ESTABLISHED.
(1) Notwithstanding Section 3 of this Article VIII, the following cities, as now existing, are each recognized both as a city and as a county unless otherwise changed in accordance with the provisions of this constitution:
(A) Jacksonville;
(B) Miami;
(C) Orlando;
(D) Tampa;
(E) Saint Petersburg;
(F) Clearwater;
(G) Tallahassee;
(H) Fort Lauderdale;
(I) Pensacola; and
(J) Key West.
(2) As a city, they shall each continue for city purposes with their present charters, subject to changes and amendments provided by the constitution or by law, and with the powers, organization, rights and privileges permitted by this constitution or by law. As a county, they shall not be required to adopt a county charter but may, except for the offices of sheriff and clerk of the circuit court, amend or revise their present charters to provide for the number, kinds, manner of selection, terms of office and salaries of their county officers, and for the exercise of all powers and duties of counties and county officers prescribed by the constitution and laws of the state.
(3) The charters of each of the aforesaid cities now existing, or as hereafter amended or revised, may be amended or revised for city or county purposes from time to time by proposals therefor submitted by the lawmaking body of the respective city to the qualified voters thereof, at a general or special election held at least sixty days after the publication of such proposals, and accepted by majority of the qualified electors voting for or against each of said amendments or revisions so submitted.
(4) Notwithstanding any other provisions in this constitution, no person shall hold any elective office within any of the aforesaid cities for more than 8 years in any period of 12 years.
(5) Each of the aforesaid cities, in their own right, shall constitute a judicial circuit.
(b) SCHEDULE.
Effective January 1, 2021:
(1)(A) The county of Duval shall be abolished, and the city of Jacksonville shall assume all the powers, duties, responsibilities, and authority of the former county.
(B) The cities of Atlantic Beach, Jacksonville Beach, and Neptune Beach, and the town of Baldwin, shall be abolished and annexed to the city of Jacksonville.
(2) The county of Miami-Dade, excluding the city of Miami, shall be renamed "Biscayne County". Any constitutional, statutory, or judicial references to Miami-Dade County shall refer to Biscayne County.
(3)(A) The county of Leon shall be abolished, and the city of Tallahassee shall assume all the powers, duties, responsibilities, and authority of the former county. All the territory within Leon County shall be abolished and annexed to the city of Tallahassee.
(B) At a special election to be held no later than November of 2022, the registered voters of Wakulla County shall vote on a plebiscite that shall ask if Wakulla County should be dissolved and annexed to the city of Tallahassee. If a majority of the voters vote YES, Wakulla County, including all incorporated municipalities therein, shall be dissolved, abolished, and annexed to the city of Tallahassee the January 1 next ensuing. If a majority of the voters vote NO, Wakulla County and any incorporated municipalities therein shall be retained.
(4)(A) The county of Hillsborough shall be abolished, and the city of Tampa shall assume all the powers, duties, responsibilities, and authority of the former county.
(B) All the territory of Hillsborough County, whether incorporated or unincorporated, shall be abolished and annexed to the city of Tampa.
(5)(A) The county of Pinellas shall be abolished, and the cities of Saint Petersburg and Clearwater shall assume all the powers, duties, responsibilities, and authority of the former county.
(B) All the territory of Pinellas County, located to the north of the city of Clearwater, whether incorporated or unincorporated, shall be abolished and annexed to the city of Clearwater. All the territory of Pinellas County, located to the south of the city of Clearwater, whether incorporated or unincorporated, shall be abolished and annexed to the city of Saint Petersburg.
(6)(A) The county of Escambia shall be abolished, and the city of Pensacola shall assume all the powers, duties, responsibilities, and authority of the former county.
(B) All the territory of Escambia County, whether incorporated or unincorporated, shall be abolished and annexed to the city of Pensacola.
(7)(A) The county of Monroe shall be abolished, and the city of Key West shall assume all the powers, duties, responsibilities, and authority of the former county.
(B) All the territory within Monroe County, whether incorporated or unincorporated, shall be abolished and annexed to the city of Key West.