Fla. Stat. § 125.691
This is the official text of Fla. Stat. § 125.691, part of Florida’s Stat — part of the compiled statutory law of Florida, published by the state as "Stat." Browse the sections below, each linked to its official government source.
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125.691 Prohibition against duplicating county constitutional office powers or authority; penalties; remedies.
Official statutory text
(1) A county may not create any office, special district, or governmental unit, or expand the powers or authority of any existing office, special district, or governmental unit, for the purpose of exercising any power or authority allocated exclusively to a sheriff, tax collector, property appraiser, supervisor of elections, or clerk of the court by the State Constitution or general law.
(2) A county commissioner who votes in favor of a proposed ordinance to create an office, special district, or governmental unit, or expand the powers or authority of an existing office, special district, or governmental unit, for the purpose of exercising any power or authority allocated exclusively to a sheriff, tax collector, property appraiser, supervisor of elections, or clerk of the court by the State Constitution or general law is guilty of misfeasance or malfeasance in office.
(3) If a county adopts an ordinance pursuant to subsection (2), the state may withhold all or part of any distribution under part II of chapter 218 which is otherwise allocable to the county, other than any distribution exclusively for school purposes or required for existing bond debt service, during the period such ordinance is in force.
(4) A sheriff, tax collector, property appraiser, supervisor of elections, clerk of the court, or any resident of a county may bring an action in circuit court against a county that violates this section. The court may enter a judgment awarding declaratory and injunctive relief, damages, and costs. The court may also award reasonable attorney fees to the prevailing party; however, the court may not award reasonable attorney fees to a county as the prevailing party.
History: s. 1, ch. 2023-306.
(2) A county commissioner who votes in favor of a proposed ordinance to create an office, special district, or governmental unit, or expand the powers or authority of an existing office, special district, or governmental unit, for the purpose of exercising any power or authority allocated exclusively to a sheriff, tax collector, property appraiser, supervisor of elections, or clerk of the court by the State Constitution or general law is guilty of misfeasance or malfeasance in office.
(3) If a county adopts an ordinance pursuant to subsection (2), the state may withhold all or part of any distribution under part II of chapter 218 which is otherwise allocable to the county, other than any distribution exclusively for school purposes or required for existing bond debt service, during the period such ordinance is in force.
(4) A sheriff, tax collector, property appraiser, supervisor of elections, clerk of the court, or any resident of a county may bring an action in circuit court against a county that violates this section. The court may enter a judgment awarding declaratory and injunctive relief, damages, and costs. The court may also award reasonable attorney fees to the prevailing party; however, the court may not award reasonable attorney fees to a county as the prevailing party.
History: s. 1, ch. 2023-306.
Status: in_force · Read it on the official government site
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