FL H1373

Counties are prohibited from creating or expanding any office, special district, or governmental unit that exercises powers exclusively allocated to sheriffs, tax collectors, property appraisers, supervisors of elections, or clerks of court under the State Constitution or general law.

County commissioners who vote in favor of ordinances violating this prohibition are guilty of misfeasance or malfeasance in office.

The state may withhold all or part of county distributions under chapter 218 (excluding school-specific distributions and bond debt service) if a county adopts such a violating ordinance.

County constitutional officers and county residents may bring circuit court actions for declaratory and injunctive relief, damages, and costs, with reasonable attorney fees awarded to prevailing parties (excluding counties as prevailing parties).

County budgets are prohibited from providing funding to any office, special district, or governmental unit exercising powers exclusively allocated to the five constitutional officer positions.

Effective date: July 1, 2023.