Florida Hillsborough County Consolidation, Amendment 5 (1966)

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The Florida Hillsborough County Consolidation Amendment, also known as Amendment 5, was a legislatively-referred constitutional amendment in Florida which was approved on the ballot on November 8, 1966.

This amendment modified Article VIII of the Florida Constitution to give the electorate power to provide for consolidation of municipal and county governments of Hillsborough County.[1]

Election results

Florida Amendment 5 (1966)
ResultVotesPercentage
Approveda Yes 451,458 72.01%
No175,46427.99%

Election results via: Florida Secretary of State

Text of measure

The language that appeared on the ballot:

NO. 5—CONSTITUTIONAL AMENDMENT TO ARTICLE TO ARTICLE VIII ADDING SECTION 24

HILLSBOROUGH COUNTY—Giving electorate power to provide for consolidation of municipal and county governments of Hillsborough County. Proposing an amendment to Article VIII, adding section 24 of the State Constitution, providing that electors of Hillsborough County be granted the power to adopt a Charter for a government which shall exercise any and all powers for county and municipal purposes which the Constitution or the Legislature has conferred upon the county, or any municipality therein; preserving to the electors of Plant City and/or Temple Terrace the right to consolidate the governments of those municipalities with the consolidated government of Tamp and Hillsborough County by a majority vote of the electors of Plant City or Temple Terrace, respectively; providing for a charter to become effective only upon ratification by a majority of electors of the county voting.[2][3]

Constitutional changes

Section 24. (1) The electors of Hillsborough county are hereby granted the power to adopt a charter for a government which shall exercise any and all powers for county and municipal purposes which this constitution or the legislature , by general, special or local law, has conferred upon Hillsborough county or any municipality therein. Such government shall exercise these powers by the enactment of ordinances which relate to government of Hillsborough county and provide suitable penalties for the violation thereof. Such government shall have no power to create or abolish any municipality, except as otherwise provided herein.

(2) The method and manner by which the electors of Hillsborough county shall exercise this power shall be set forth in a charter for the government of Hillsborough county which charter shall be presented to said electors by any charter commission established by the legislature. The legislature may provide for the continuing existence of any charter commission or may establish a charter commission or commissions subsequent to any initial commission without regard to any election or elections held upon any charter or charters theretofore presented. A charter shall become effective only upon ratification by a majority of the electors of Hillsborough county voting in a general or special election as provided by law.

(3) The number, qualifications, terms of office and method of filling vacancies in the membership of any charter commission established pursuant to this section and the powers, functions and duties of any such commission shall be provided by law.

(4) A charter prepared by any commission established pursuant to this section shall provide that:

a. The governments of the city of Tampa and the county of Hillsborough shall be consolidated, and the structure of the new local government shall include:

1. An executive branch, the chief officer of which shall be responsible for the administration of government.

2. An elected legislative branch, the election to membership, powers and duties of which shall be as provided by the charter.

3. A judicial branch, which shall only have jurisdiction in the enforcement of ordinances enacted by the legislative branch created by this section.

b. Should the electors of the municipalities of Plant City or Temple Terrace wish to consolidate their governments with the government hereinabove created, they may do so by majority vote of the electors of said municipality voting in an election upon said issue.

c. The creditors of any governmental unit consolidated or abolished under this section shall be protected. Bonded or other indebtedness existing at the effective date of any government established hereunder shall be enforceable only against the real and personal property theretofore taxable for such purposes.

d. Such other provisions as might be required by law.

(5) The provisions of such charter and ordinances enacted pursuant thereto shall not conflict with any provision of this constitution nor with general, special or local laws now or hereafter applying to Hillsborough county.

(6) The government established hereunder shall be recognized as a county, that is one of the legal political subdivisions of the state with the powers, rights, privileges, duties and obligations of a county, and may also exercise all the powers of a municipality. Said government shall have the right to sue and be sued.

(7) Any government established hereunder shall be entitled to receive from the state of Florida or from the United States or from any other agency, public or private, funds and revenues to which a county is, or may hereafter be entitled , and also all funds and revenues to which an incorporated municipality is or may hereafter be entitled, and to receive the same without diminution or loss by reason of any such government as may be established. Nothing herein contained shall preclude such government as may be established hereunder from receiving all funds and revenues from whatever source now received, or hereinafter received provided by law.

(8) The board of county commissioners of Hillsborough county shall be abolished when the functions, duties, powers and responsibilities of said board shall be transferred in the manner to be provided by the charter to the government established pursuant to this section. No other office provided for by this constitution shall be abolished by or pursuant to this section.

(9) This section shall not restrict or limit the legislature in the enactment of general, special or local laws as otherwise provided in this constitution.

(10) Should this resolution be rejected by the electors of Hillsborough county then this resolution shall be null and void.[1]

Path to the ballot

  • The amendment was placed on the ballot by Committee Substitute for House Joint Resolution 1987 of 1965.
  • The amendment was filed with the Secretary of State on June 25, 1963.[1]

See also

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External links

References

  1. 1.0 1.1 1.2 Florida Constitution Revision Commission, "Amendments, Election of 11-8-66"
  2. Ocala Star-Banner, "Automatic Voting Machine Sample Ballot," November 1, 1966
  3. Note: This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.