Bill Text: FL H1321 | 2011 | Regular Session | Comm Sub

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Bill Title: Miami-Dade County Home Rule Charter

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H1321 Detail]

Download: Florida-2011-H1321-Comm_Sub.html

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CS/HJR 1321

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40	article may be amended or repealed by county ordinance.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

CODING: Words stricken are deletions; words underlined are additions.