House Bill hb0471c1

    Florida House of Representatives - 2001             CS/HJR 471

        By the Committee on Judicial Oversight and Representatives
    Lacasa, Rubio, Barreiro, Holloway, Gelber, Betancourt,
    Bendross-Mindingall, Lerner, Prieguez, Wilson, Brutus,
    Bullard, Garcia, Cantens, Arza, Diaz-Balart, Sorensen and
    Gottlieb


  1                      House Joint Resolution

  2         A joint resolution proposing an amendment to

  3         Section 6 of Article VIII of the State

  4         Constitution to authorize amendments or

  5         revisions to the home rule charter of

  6         Miami-Dade County by special law approved by a

  7         vote of the electors.

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  9  Be It Resolved by the Legislature of the State of Florida:

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11         That the amendment to Section 6 of Article VIII of the

12  State Constitution as set forth below is agreed to and shall

13  be submitted to the electors of Florida for approval or

14  rejection at the general election to be held in November 2002:

15         SECTION 6.  Schedule to Article VIII.--

16         (a)  This article shall replace all of Article VIII of

17  the Constitution of 1885, as amended, except those sections

18  expressly retained and made a part of this article by

19  reference.

20         (b)  COUNTIES; COUNTY SEATS; MUNICIPALITIES;

21  DISTRICTS.  The status of the following items as they exist on

22  the date this article becomes effective is recognized and

23  shall be continued until changed in accordance with law:  the

24  counties of the state; their status with respect to the

25  legality of the sale of intoxicating liquors, wines and beers;

26  the method of selection of county officers; the performance of

27  municipal functions by county officers; the county seats; and

28  the municipalities and special districts of the state, their

29  powers, jurisdiction and government.

30         (c)  OFFICERS TO CONTINUE IN OFFICE.  Every person

31  holding office when this article becomes effective shall

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    Florida House of Representatives - 2001             CS/HJR 471

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  1  continue in office for the remainder of the term if that

  2  office is not abolished.  If the office is abolished the

  3  incumbent shall be paid adequate compensation, to be fixed by

  4  law, for the loss of emoluments for the remainder of the term.

  5         (d)  ORDINANCES.  Local laws relating only to

  6  unincorporated areas of a county on the effective date of this

  7  article may be amended or repealed by county ordinance.

  8         (e)  CONSOLIDATION AND HOME RULE.  Article VIII,

  9  Sections 9, 10, 11 and 24, of the Constitution of 1885, as

10  amended, shall remain in full force and effect as to each

11  county affected, as if this article had not been adopted,

12  until that county shall expressly adopt a charter or home rule

13  plan pursuant to this article.  All provisions of the

14  Miami-Dade Metropolitan Dade County Home Rule Charter,

15  heretofore or hereafter adopted by the electors of Miami-Dade

16  Dade County pursuant to Article VIII, Section 11, of the

17  Constitution of 1885, as amended, shall be valid, and any

18  amendments to such charter shall be valid; provided that the

19  said provisions of such charter and the said amendments

20  thereto are authorized under said Article VIII, Section 11, of

21  the Constitution of 1885, as amended. However, notwithstanding

22  any provision of Article VIII, Section 11, of the Constitution

23  of 1885, as amended, or any limitations under this subsection,

24  the Miami-Dade County Home Rule Charter may be amended or

25  revised by special law approved by the electors of Miami-Dade

26  County and, if approved, shall be deemed an amendment or

27  revision of the charter by the electors of Miami-Dade County.

28         (f)  DADE COUNTY; POWERS CONFERRED UPON

29  MUNICIPALITIES.  To the extent not inconsistent with the

30  powers of existing municipalities or general law, the

31  Metropolitan Government of Dade County may exercise all the

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    Florida House of Representatives - 2001             CS/HJR 471

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  1  powers conferred now or hereafter by general law upon

  2  municipalities.

  3         (g)  DELETION OF OBSOLETE SCHEDULE ITEMS.  The

  4  legislature shall have power, by joint resolution, to delete

  5  from this article any subsection of this Section 6, including

  6  this subsection, when all events to which the subsection to be

  7  deleted is or could become applicable have occurred.  A

  8  legislative determination of fact made as a basis for

  9  application of this subsection shall be subject to judicial

10  review.

11         BE IT FURTHER RESOLVED that in accordance with the

12  requirements of section 101.161, Florida Statutes, the

13  substance of the amendment proposed herein shall appear on the

14  ballot as follows:

15         AUTHORIZING AMENDMENTS TO MIAMI-DADE COUNTY HOME

16        RULE CHARTER BY SPECIAL LAW APPROVED BY REFERENDUM

17         Proposing an amendment to Section 6 of Article VIII of

18  the State Constitution to authorize amendments or revisions to

19  the Miami-Dade County Home Rule Charter by special law

20  approved by a vote of the electors of Miami-Dade County and to

21  conform references to the county's current name.

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