Bill Text: FL S1954 | 2011 | Regular Session | Comm Sub


Bill Title: Home Rule Charter of Miami-Dade County

Spectrum: Slight Partisan Bill (? 2-1)

Status: (Introduced - Dead) 2011-05-02 - Read 2nd time -SJ 645 [S1954 Detail]

Download: Florida-2011-S1954-Comm_Sub.html
       Florida Senate - 2011                     CS for CS for SJR 1954
       
       
       
       By the Committees on Rules; and Community Affairs; and Senator
       Garcia
       
       
       
       595-05165-11                                          20111954c2
    1                       Senate Joint Resolution                     
    2         A joint resolution proposing an amendment to Section 6
    3         of Article VIII of the State Constitution to authorize
    4         amendments or revisions to the home rule charter of
    5         Miami-Dade County by special law approved by a vote of
    6         the electors; providing requirements for a bill
    7         proposing such a special law; authorizing the Miami
    8         Dade County charter to provide for fixed term limits
    9         of commissioners.
   10  
   11  Be It Resolved by the Legislature of the State of Florida:
   12  
   13         That the following amendment to Section 6 of Article VIII
   14  of the State Constitution is agreed to and shall be submitted to
   15  the electors of this state for approval or rejection at the next
   16  general election or at an earlier special election specifically
   17  authorized by law for that purpose:
   18                            ARTICLE VIII                           
   19                          LOCAL GOVERNMENT                         
   20         SECTION 6. Schedule to Article VIII.—
   21         (a) This article shall replace all of Article VIII of the
   22  Constitution of 1885, as amended, except those sections
   23  expressly retained and made a part of this article by reference.
   24         (b) COUNTIES; COUNTY SEATS; MUNICIPALITIES; DISTRICTS. The
   25  status of the following items as they exist on the date this
   26  article becomes effective is recognized and shall be continued
   27  until changed in accordance with law: the counties of the state;
   28  their status with respect to the legality of the sale of
   29  intoxicating liquors, wines and beers; the method of selection
   30  of county officers; the performance of municipal functions by
   31  county officers; the county seats; and the municipalities and
   32  special districts of the state, their powers, jurisdiction and
   33  government.
   34         (c) OFFICERS TO CONTINUE IN OFFICE. Every person holding
   35  office when this article becomes effective shall continue in
   36  office for the remainder of the term if that office is not
   37  abolished. If the office is abolished the incumbent shall be
   38  paid adequate compensation, to be fixed by law, for the loss of
   39  emoluments for the remainder of the term.
   40         (d) ORDINANCES. Local laws relating only to unincorporated
   41  areas of a county on the effective date of this article may be
   42  amended or repealed by county ordinance.
   43  (e) CONSOLIDATION AND HOME RULE. Article VIII, Sections 9, 10,
   44  11 and 24, of the Constitution of 1885, as amended, shall remain
   45  in full force and effect as to each county affected, as if this
   46  article had not been adopted, until that county shall expressly
   47  adopt a charter or home rule plan pursuant to this article. All
   48  provisions of the Miami-Dade Metropolitan Dade County Home Rule
   49  Charter, heretofore or hereafter adopted by the electors of
   50  Miami-Dade Dade County pursuant to Article VIII, Section 11, of
   51  the Constitution of 1885, as amended, shall be valid, and any
   52  amendments to such charter shall be valid; provided that the
   53  said provisions of such charter and the said amendments thereto
   54  are authorized under said Article VIII, Section 11, of the
   55  Constitution of 1885, as amended. However, notwithstanding any
   56  provision of Article VIII, Section 11, of the Constitution of
   57  1885, as amended, or any limitations under this subsection, the
   58  Miami-Dade County Home Rule Charter may be amended or revised by
   59  special law approved by the electors of Miami-Dade County and,
   60  if approved, shall be deemed an amendment or revision of the
   61  charter by the electors of Miami-Dade County. A bill proposing
   62  such a special law must be approved at a meeting of the local
   63  legislative delegation and filed by a member of that delegation.
   64  The charter may provide for fixed term limits of Miami-Dade
   65  County Commissioners.
   66         (f) MIAMI-DADE DADE COUNTY; POWERS CONFERRED UPON
   67  MUNICIPALITIES. To the extent not inconsistent with the powers
   68  of existing municipalities or general law, the Metropolitan
   69  Government of Miami-Dade Dade County may exercise all the powers
   70  conferred now or hereafter by general law upon municipalities.
   71         (g) DELETION OF OBSOLETE SCHEDULE ITEMS. The legislature
   72  shall have power, by joint resolution, to delete from this
   73  article any subsection of this Section 6, including this
   74  subsection, when all events to which the subsection to be
   75  deleted is or could become applicable have occurred. A
   76  legislative determination of fact made as a basis for
   77  application of this subsection shall be subject to judicial
   78  review.
   79         BE IT FURTHER RESOLVED that the following statement be
   80  placed on the ballot:
   81                      CONSTITUTIONAL AMENDMENT                     
   82                       ARTICLE VIII, SECTION 6                     
   83         AUTHORIZING AMENDMENTS TO MIAMI-DADE COUNTY HOME RULE
   84  CHARTER BY SPECIAL LAW APPROVED BY REFERENDUM.—Authorizes
   85  amendments or revisions to the Miami-Dade County Home Rule
   86  Charter by a special law when the law is approved by a vote of
   87  the electors of Miami-Dade County. A bill proposing such a
   88  special law must be approved at a meeting of the local
   89  legislative delegation and filed by a member of that delegation.
   90  It also conforms references in the State Constitution to reflect
   91  the county’s current name and states that the charter may
   92  provide for fixed term limits of Miami-Dade County
   93  Commissioners.

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