CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
Bill No. HB 1069
Amendment No. 1 (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 The Committee on Local Government & Veterans Affairs offered
12 the following:
13
14 Amendment (with title amendment)
15 Remove everything after the enacting clause
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17 and insert:
18 Section 1. The Miami-Dade County Home Rule Charter is
19 amended to read:
20
21 MIAMI-DADE DADE COUNTY HOME RULE CHARTER
22
23 PREAMBLE
24
25 We, the people of this County, in order to secure for
26 ourselves the benefits and responsibilities of home rule, to
27 create a metropolitan government to serve our present and
28 future needs, and to endow our municipalities with the rights
29 of self determination in their local affairs, do under God
30 adopt this home rule Charter.
31
1
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HOUSE AMENDMENT
Bill No. HB 1069
Amendment No. 1 (for drafter's use only)
1 CITIZENS' BILL OF RIGHTS
2
3 A. This government has been created to protect the
4 governed, not the governing. In order to provide the public
5 with full and accurate information, to promote efficient
6 administrative management, to make government more
7 accountable, and to insure to all persons fair and equitable
8 treatment, the following rights are guaranteed:
9 1. Convenient Access. Every person has the right to
10 transact business with the County and the municipalities with
11 a minimum of personal inconvenience. It shall be the duty of
12 the County Manager and the Commission, the County Mayor, the
13 County Comptroller, and the Supervisor of Elections to
14 provide, within the County's budget limitations, reasonably
15 convenient times and places for registration and voting, for
16 required inspections, and for transacting business with the
17 County.
18 2. Truth in Government. No County or municipal
19 official or employee shall knowingly furnish false information
20 on any public matter, nor knowingly omit significant facts
21 when giving requested information to members of the public.
22 3. Public Records. All audits, reports, minutes,
23 documents and other public records of the County and the
24 municipalities and their boards, agencies, departments and
25 authorities shall be open for inspection at reasonable times
26 and places convenient to the public.
27 4. Minutes and Ordinance Register. The Clerk of the
28 Commission and of each municipal council shall maintain and
29 make available for public inspection an ordinance register
30 separate from the minutes showing the votes of each member on
31 all ordinances and resolutions listed by descriptive title.
2
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HOUSE AMENDMENT
Bill No. HB 1069
Amendment No. 1 (for drafter's use only)
1 Written minutes of all meetings and the ordinance register
2 shall be available for public inspection not later than 30
3 days after the conclusion of the meeting.
4 5. Right to be Heard. So far as the orderly conduct
5 of public business permits, any interested person has the
6 right to appear before the Commission or any municipal council
7 or any County or municipal agency, board or department for the
8 presentation, adjustment or determination of an issue, request
9 or controversy within the jurisdiction of the governmental
10 entity involved. Matters shall be scheduled for the
11 convenience of the public, and the agenda shall be divided
12 into approximate time periods so that the public may know
13 approximately when a matter will be heard. Nothing herein
14 shall prohibit any governmental entity or agency from imposing
15 reasonable time limits for the presentation of a matter.
16 6. Right to Notice. Persons entitled to notice of a
17 County or municipal hearing shall be timely informed as to the
18 time, place and nature of the hearing and the legal authority
19 pursuant to which the hearing is to be held. Failure by an
20 individual to receive such notice shall not constitute
21 mandatory grounds for cancelling the hearing or rendering
22 invalid any determination made at such hearing. Copies of
23 proposed ordinances or resolutions shall be made available at
24 a reasonable time prior to the hearing, unless the matter
25 involves an emergency ordinance or resolution.
26 7. No Unreasonable Postponements. No matter once
27 having been placed on a formal agenda by the County or any
28 municipality shall be postponed to another day except for good
29 cause shown in the opinion of the County Commission, the
30 municipal council or other governmental entity or agency
31 conducting such meeting, and then only on condition that any
3
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HOUSE AMENDMENT
Bill No. HB 1069
Amendment No. 1 (for drafter's use only)
1 person so requesting is mailed adequate notice of the new date
2 of any postponed meeting. Failure by an individual to receive
3 such notice shall not constitute mandatory grounds for
4 cancelling the hearing or rendering invalid any determination
5 made at such hearing.
6 8. Right to Public Hearing. Upon a timely request of
7 any interested party a public hearing shall be held by any
8 County or municipal agency, board, department or authority
9 upon any significant policy decision to be issued by it which
10 is not subject to subsequent administrative or legislative
11 review and hearing. This provision shall not apply to the Law
12 Department of the County or of any municipality, not to any
13 body whose duties and responsibilities are solely advisory. At
14 any zoning or other hearing in which review is exclusively by
15 certiorari, a party or his counsel shall be entitled to
16 present his case or defense by oral or documentary evidence,
17 to submit rebuttal evidence, and to conduct such
18 cross-examination as may be required for a full and true
19 disclosure of the facts. The decision of any such agency,
20 board, department or authority must be based upon the facts in
21 the record. Procedural rules establishing reasonable time and
22 other limitations may be promulgated and amended from time to
23 time.
24 9. Notice of Actions and Reasons. Prompt notice shall
25 be given of the denial in whole or in part of a request of an
26 interested person made in connection with any County or
27 municipal administrative decision or proceeding when the
28 decision is reserved at the conclusion of the hearing. The
29 notice shall be accompanied by a statement of the grounds for
30 denial.
31 10. County Comptroller's Managers' and Attorneys'
4
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HOUSE AMENDMENT
Bill No. HB 1069
Amendment No. 1 (for drafter's use only)
1 Reports. The County Comptroller Manager and County Attorney
2 and each City Manager and City Attorney shall periodically
3 make a public status report on all major matters pending or
4 concluded within their respective jurisdictions.
5 11. Budgeting. In addition to any budget required by
6 state statute, The County Mayor Manager shall prepare and
7 present a legislative budget request to the Board of County
8 Commissioners. The Board of County Commissioners, with the
9 assistance of the Commission Budget Office, shall review and
10 prepare a revised budget showing the projected cost of each
11 program for each budget year taking into consideration the
12 County Mayor's legislative budget request. Prior to the County
13 Commission's first public hearing on the proposed budget
14 required by state law, the County Commission Manager shall
15 make public a budget summary setting forth the proposed cost
16 of each individual program and reflecting all major proposed
17 increases and decreases in funds and personnel for each
18 program, the purposes therefore, the estimated millage cost of
19 each program and the amount of any contingency and carryover
20 funds for each program. As a final step, the County Commission
21 shall adopt a County budget.
22 12. Quarterly Budget Comparisons. The Commission
23 Budget Office County Manager shall make public a quarterly
24 report showing the actual expenditures during the quarter just
25 ended against one quarter of the proposed annual expenditures
26 set forth in the budget. Such report shall also reflect the
27 same cumulative information for whatever portion of the fiscal
28 year that has elapsed.
29 13. Adequate Audits. An annual audit of the County
30 and each municipality shall be made by an independent
31 certified public accounting firm in accordance with generally
5
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HOUSE AMENDMENT
Bill No. HB 1069
Amendment No. 1 (for drafter's use only)
1 accepted auditing standards. A summary of the results,
2 including any deficiencies found, shall be made public. In
3 making such audit, proprietary functions shall be audited
4 separately and adequate depreciation on proprietary facilities
5 shall be accrued so the public may determine the amount of any
6 direct or indirect subsidy.
7 14. Regional Offices. Regional offices of the
8 County's administrative services shall be maintained at
9 locations in the County for the convenience of the residents.
10 15. Financial Disclosure. The Commission shall by
11 ordinance make provision for the filing under oath or
12 affirmation by all County and municipal elective officials,
13 candidates for County and municipal elective offices, such
14 employees as may be designated by ordinance, and such other
15 public officials, and outside consultants who receive funds
16 from the County or municipalities, within the County and who
17 may legally be included, of personal financial statements,
18 copies of personal Federal income tax returns, or itemized
19 source of income statements. Provision shall be made for
20 preparing and keeping such reports current from time to time,
21 and for public disclosure. The Commission shall also make
22 provision for the filing annually under oath of a report by
23 full-time County and municipal employees of all outside
24 employment and amounts received therefrom. The County Mayor
25 Manager or any other municipal chief executive officer City
26 Manager may require monthly reports from individual employees
27 or groups of employees for good cause.
28 16. Representation of Public. The Commission shall
29 endeavor to provide representation at all proceedings
30 significantly affecting the County and its residents before
31 State and Federal regulatory bodies.
6
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HOUSE AMENDMENT
Bill No. HB 1069
Amendment No. 1 (for drafter's use only)
1 17. Commission on Ethics and Public Trust. The County
2 shall, by ordinance, establish an independent Commission on
3 Ethics and Public Trust, comprised of five members, not
4 appointed by the County Commission or the County Mayor, with
5 the authority to review, interpret, render advisory opinions
6 and enforce the county and municipal code of ethics
7 ordinances, conflict of interest ordinances, lobbyist
8 registration and reporting ordinances, ethical campaign
9 practices ordinances, when enacted, and citizens' bill of
10 rights.
11 B. The foregoing enumeration of citizens' rights vests
12 large and pervasive powers in the citizenry of Miami-Dade Dade
13 County. Such power necessarily carries with it responsibility
14 of equal magnitude for the successful operation of government
15 in the County. The orderly, efficient and fair operation of
16 government requires the intelligent participation of
17 individual citizens exercising their rights with dignity and
18 restraint so as to avoid any sweeping acceleration in the cost
19 of government because of the exercise of individual
20 prerogatives, and for individual citizens to grant respect for
21 the dignity of public office.
22 C. Remedies for Violations. In any suit by a citizen
23 alleging a violation of this Article filed in the Dade County
24 Circuit Court pursuant to its general equity jurisdiction, the
25 plaintiff, if successful, shall be entitled to recover costs
26 and reasonable attorney's fees, as fixed by the Court. Any
27 public official or employee who is found by the Court to have
28 willfully violated this Article shall forthwith forfeit his
29 office or employment.
30 (D). Construction. All provisions of this Article
31 shall be construed to be supplementary to and not in conflict
7
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HOUSE AMENDMENT
Bill No. HB 1069
Amendment No. 1 (for drafter's use only)
1 with the general laws of Florida. If any part of this Article
2 shall be declared invalid, it shall not affect the validity of
3 the remaining provisions.
4
5 ARTICLE - 1
6
7 BOARD OF COUNTY COMMISSIONERS
8 SECTION 1.01. POWERS.
9 A. The Board of County Commissioners shall be the
10 legislative and the governing body of the county and shall
11 have the power to carry on a central metropolitan government.
12 This power shall include but shall not be restricted to the
13 power to:
14 1. Provide and regulate arterial, toll, and other
15 roads, bridges, tunnels, and related facilities; eliminate
16 grade crossings; provide and regulate parking facilities; and
17 develop and enforce master plans for the control of traffic
18 and parking.
19 2. Provide and operate air, water, rail, and bus
20 terminals, port facilities, and public transportation systems.
21 3. License and regulate taxis, jitneys, limousines for
22 hire, rental cars, and other passenger vehicles for hire
23 operating in the county.
24 4. Provide central records, training, and
25 communications for fire and police protection; provide traffic
26 control and central crime investigation; provide fire
27 stations, jails, and related facilities; and subject to
28 Section 1.01A(18) provide a uniform system for fire and police
29 protection.
30 5. Prepare and enforce comprehensive plans for the
31 development of the county.
8
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HOUSE AMENDMENT
Bill No. HB 1069
Amendment No. 1 (for drafter's use only)
1 6. Provide hospitals and uniform health and welfare
2 programs.
3 7. Provide parks, preserves, playgrounds, recreation
4 areas, libraries, museums, and other recreational and cultural
5 facilities and programs.
6 8. Establish and administer housing, slum clearance,
7 urban renewal, conservation, flood and beach erosion control,
8 air pollution control, and drainage programs and cooperate
9 with governmental agencies and private enterprises in the
10 development and operation of these programs.
11 9. Provide and regulate or permit municipalities to
12 provide and regulate waste and sewage collection and disposal
13 and water supply and conservation programs.
14 10. Levy and collect taxes and special assessments,
15 borrow and expend money and issue bonds, revenue certificates,
16 and other obligations of indebtedness in such manner, and
17 subject to such limitations, as may be provided by law.
18 11. By ordinance, establish, merge, and abolish
19 special purpose districts within which may be provided police
20 and fire protection, beach erosion control, recreation
21 facilities, water, streets, sidewalks, street lighting, waste
22 and sewage collection and disposal, drainage, and other
23 essential facilities and services. All county funds for such
24 districts shall be provided by service charges, special
25 assessments, or general tax levies within such districts only.
26 The Board of County Commissioners shall be the governing body
27 of all such districts and when acting as such governing body
28 shall have the same jurisdiction and powers as when acting as
29 the Board; provided, however, the Board of County
30 Commissioners shall not be the governing body of the
31 Metro-Dade Fire and Rescue Service District established by
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HOUSE AMENDMENT
Bill No. HB 1069
Amendment No. 1 (for drafter's use only)
1 Ordinance No. 80-86, but said Fire and Rescue Service District
2 shall be governed by five members elected for initial terms of
3 two years by the registered voters of the Metro-Dade Fire and
4 Rescue Service District; provided further, however, that the
5 governing board of the juvenile welfare special district shall
6 not be the Board of County Commissioners, but shall consist of
7 the superintendent of schools, a local school board member,
8 the district administrator of the Department of Health and
9 Rehabilitative Services, a member of the Board of County
10 Commissioners and five members appointed by the Governor.
11 12. Establish, coordinate, and enforce zoning and such
12 business regulations as are necessary for the protection of
13 the public.
14 13. Adopt and enforce uniform building and related
15 technical codes and regulations for both the incorporated and
16 unincorporated areas of the county; provide for examinations
17 for contractors and all parties engaged in the building trades
18 and for the issuance of certificates of competency and their
19 revocation after hearing. Such certificates shall be
20 recognized and required for the issuance of a license in all
21 municipalities in the county. No municipality shall be
22 entitled to require examinations or any additional certificate
23 of competency or impose any other conditions for the issuance
24 of a municipal license except the payment of the customary
25 fee. The municipality may issue building permits and conduct
26 the necessary inspections in accordance with the uniform codes
27 and charge fees therefor.
28 14. Regulate, control, take over, and grant franchises
29 to, or itself operate gas, light, power, telephone, and other
30 utilities, sanitary and sewage collection and disposal
31 systems, water supply, treatment, and service systems, and
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HOUSE AMENDMENT
Bill No. HB 1069
Amendment No. 1 (for drafter's use only)
1 public transportation systems, provided, however, that:
2 (a) Franchises under this subsection may only be
3 granted by a two-thirds vote of the members of the Board
4 present and approved by a majority vote of those qualified
5 electors voting at either a special or general election.
6 (b) The county shall not operate a light, power, or
7 telephone utility to serve any territory in the county which
8 is being supplied with similar service except by a majority
9 vote of those qualified electors voting in an election held
10 not less than six months after the Board has passed an
11 ordinance to that effect by a two-thirds vote of the members
12 of the Board present. Such ordinance shall contain information
13 on cost, method of financing, agency to regulate rates, agency
14 to operate, location, and other information necessary to
15 inform the general public of the feasibility and
16 practicability of the proposed operation.
17 15. Use public funds for the purposes of promoting the
18 development of the county, including advertising of the area's
19 advantages.
20 16. Establish and enforce regulations for the sale of
21 alcoholic beverages in the unincorporated areas and approve
22 municipal regulations on hours of sale of alcoholic beverages.
23 17. Enter into contracts with other governmental units
24 within or outside the boundaries of the county for joint
25 performance or performance by one unit in behalf of the other
26 of any authorized function.
27 18. Set reasonable minimum standards for all
28 governmental units in the county for the performance of any
29 service or function. The standards shall not be discriminatory
30 as between similar areas. If a governmental unit fails to
31 comply with such standards, and does not correct such failure
11
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HOUSE AMENDMENT
Bill No. HB 1069
Amendment No. 1 (for drafter's use only)
1 after reasonable notice by the Board, then the Board may take
2 over and perform, regulate, or grant franchises to operate any
3 such service. The Board may also take over and operate, or
4 grant franchises to operate any municipal service if:
5 (a) In an election called by the Board of County
6 Commissioners within the municipality a majority of those
7 voting vote in favor of turning the service over to the
8 county; or
9 (b) The governing body of the municipality requests
10 the county to take over the service by a two-thirds vote of
11 its members, or by referendum.
12 19. By ordinance, abolish or consolidate the office of
13 constables, or any county office created by the Legislature,
14 or provide for the consolidation and transfer of any of the
15 functions of such officers, provided, however, that there
16 shall be no power to abolish the Superintendent of Public
17 Instruction, or to abolish or impair the jurisdiction of the
18 Circuit Court or to abolish any other Court, provided by the
19 Constitution or by general law, or the judges or clerks
20 thereof.
21 20. Make investigations of county affairs, inquire
22 into the conduct, accounts, records, and transactions of any
23 department or office of the county, and for these purposes
24 require reports from all county officers and employees,
25 subpoena witnesses, administer oaths, and require the
26 production of records.
27 21. Exercise all powers and privileges granted to
28 municipalities, counties, and county officers by the
29 Constitution and laws of the state, and all powers not
30 prohibited by the Constitution or by this Charter.
31 22. Adopt such ordinances and resolutions as may be
12
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HOUSE AMENDMENT
Bill No. HB 1069
Amendment No. 1 (for drafter's use only)
1 required in the exercise of its powers, and prescribe fines
2 and penalties for the violation of ordinances.
3 23. Perform any other acts consistent with law which
4 are required by this Charter or which are in the common
5 interest of the people of the county.
6 24. Supersede, nullify, or amend any special law
7 applying to this county, or any general law applying only to
8 this county, or any general law where specifically authorized
9 by the Constitution.
10 25. By ordinance, establish a Commission Budget Office
11 with professional staff to assist the board with budgetary
12 planning and oversight authority.
13 26. Consider and approve by majority vote persons
14 nominated by the County Mayor for the positions of Deputy
15 County Mayor and Chief of Police.
16 B. No enumeration of powers in this Charter shall be
17 deemed exclusive or restrictive and the foregoing powers shall
18 be deemed to include all implied powers necessary and proper
19 to carrying out such powers. All of these powers may be
20 exercised in the incorporated and unincorporated areas,
21 subject to the procedures herein provided in certain cases
22 relating to municipalities.
23 C. The Board shall have the power of eminent domain
24 and the right to condemn property for public purposes. The
25 Board shall make fair and just compensation for any properties
26 acquired in the exercise of its powers, duties, or functions.
27 The Board shall also provide for the acquisition or transfer
28 of property, the payment, assumption, or other satisfaction of
29 the debts, and the protection of pension rights of affected
30 employees of any governmental unit which is merged,
31 consolidated, or abolished or whose boundaries are changed or
13
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HOUSE AMENDMENT
Bill No. HB 1069
Amendment No. 1 (for drafter's use only)
1 functions or powers transferred.
2 D. The Board shall be entitled to levy in the
3 unincorporated areas all taxes authorized to be levied by
4 municipalities and to receive from the state any revenues
5 collected in the unincorporated areas on the same basis as
6 municipalities.
7 SECTION 1.02. RESOLUTIONS AND ORDINANCES.
8 A. The Board shall adopt its own rules of procedure
9 and shall decide which actions of the Board shall be by
10 ordinance or resolution, except as otherwise provided in this
11 Charter and except that any action of the Board which provides
12 for raising revenue, appropriating funds, or incurring
13 indebtedness (other than refunding indebtedness), or which
14 provides a penalty or establishes a rule or regulation for the
15 violation of which a penalty is imposed shall be by ordinance.
16 B. Every ordinance shall be introduced in writing and
17 shall contain a brief title. The enacting clause shall be "Be
18 it Ordained by the Board." After passage on first reading, a
19 short summary of the ordinance shall be published in a daily
20 newspaper of general circulation at least once together with a
21 notice of the time when and place where it will be given a
22 public hearing and be considered for final passage. The first
23 such publication shall be at least one week prior to the time
24 advertised for hearing. No ordinance shall be declared invalid
25 by reason of any defect in publication or title if the
26 published summary gives reasonable notice of its intent.
27 C. At the time and place so advertised, or at any time
28 and place to which such public hearing may from time to time
29 be adjourned, the ordinance shall be read by title and a
30 public hearing shall be held. After the hearing, the Board may
31 pass the ordinance with or without amendment.
14
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HOUSE AMENDMENT
Bill No. HB 1069
Amendment No. 1 (for drafter's use only)
1 D. The Board may adopt in whole or in part any
2 published code by reference as an ordinance in the manner
3 provided by law.
4 E. The effective date of any ordinance shall be
5 prescribed therein, but the effective date shall not be
6 earlier than ten days after its enactment.
7 F. To meet a public emergency affecting life, health,
8 property, or public safety the Board by two-thirds vote of the
9 members of the Board may adopt an emergency ordinance at the
10 meeting at which it is introduced, and may make it effective
11 immediately, except that no such ordinance may be used to levy
12 taxes, grant or extend a franchise, or authorize the borrowing
13 of money. After the adoption of an emergency ordinance, the
14 Board shall have it published in full within ten days in a
15 daily newspaper of general circulation.
16 G. Each ordinance and resolution after adoption shall
17 be given a serial number and shall be entered by the clerk in
18 a properly indexed record kept for that purpose.
19 H. Within two years after adoption of this Charter the
20 Board shall maintain have prepared a general codification of
21 all county ordinances and resolutions having the effect of
22 law. The general codification thus prepared shall be adopted
23 by the Board in a single ordinance. After adoption the Board
24 shall have the codification printed immediately in an
25 appropriate manner together with the Charter and such rules
26 and regulations as the Board may direct. Additions or
27 amendments to the code shall be prepared, adopted, and printed
28 at least every two years.
29 SECTION 1.03. DISTRICTS.
30 A. There shall be thirteen eight County Commission
31 districts. The initial boundaries of these districts shall be
15
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HOUSE AMENDMENT
Bill No. HB 1069
Amendment No. 1 (for drafter's use only)
1 as shown on the map attached as Exhibit A and made a par
2 thereof.
3 Note: There are thirteen County Commission districts.
4 Meek v. Metropolitan Dade County, 908 F.2d 1540 (11th Cir.
5 1990), opinion after remand, 985 F.2d 1471 (11th Cir.1993).
6 B. The Board may by ordinance adopted by two-thirds
7 vote of the members of the Board change the boundaries of the
8 districts from time to time. The boundaries shall be fixed on
9 the basis of the character, population, and geography of the
10 districts.
11 C. The Board of County Commissioners shall adopt
12 procedures for the development of reapportionment plans
13 similar to the standards used by the Florida Legislature.
14 SECTION 1.04. COMPOSITION OF THE COMMISSION.
15 The Commission shall consist of thirteen nine members
16 elected as follows:
17 The qualified electors residing within each of the 13
18 districts shall elect From each of the eight districts there
19 shall be elected by the qualified electors of the county at
20 large a County Commissioner who shall be a qualified elector
21 residing within the district for at least 1 year six months
22 and within the county at least three years before qualifying.
23 Commencing with the election of Mayor in 1996, the Commission
24 shall consist of eight members. Beginning with the state
25 primary elections in 1968, the Mayor and each Commissioner
26 shall be elected for a term of four years.
27 Note: The Commission consists of thirteen members
28 elected from districts. Meek v.
29 Metropolitan Dade County, 908 F.2d 1540 (11th Cir.
30 1990), opinion after remand,985 F.2d 1471 (11th Cir. 1993).
31 SECTION 1.05. FORFEITURE OF OFFICE.
16
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HOUSE AMENDMENT
Bill No. HB 1069
Amendment No. 1 (for drafter's use only)
1 C. Any appointed official or employee of Dade County
2 who qualifies as a candidate for election to any federal,
3 state, county, or municipal office shall immediately take a
4 leave of absence from his or her county position until the
5 date of the election and shall, if elected, immediately
6 forfeit his or her county position. If the candidate is not
7 elected, he or she shall immediately be reinstated to his or
8 her former position.
9 SECTION 1.06. SALARY.
10 Each member of the Board of County Commissioners
11 Commissioner shall be paid receive a salary the amount of
12 which shall be determined and established in accordance with
13 compensation prescribed for legislators of this state. Each
14 County Commissioner of $6,000 per year payable monthly and
15 shall be entitled to be reimbursed for such reasonable and
16 necessary expenses as may be approved by the Board.
17 SECTION 1.07. VACANCIES.
18 A. Any vacancy on in the office of Mayor or the other
19 members of the Board of County Commissioners, other than a
20 vacancy created by the expiration of a member's term, shall be
21 filled by majority vote of the remaining members of the Board
22 within 30 days, or the Board shall call an election to be held
23 not more than 45 days thereafter to fill the vacancy. The
24 person chosen to fill the office vacated must at the time of
25 appointment meet the residence requirements for the office to
26 which such person is appointed. A person appointed shall serve
27 only until the next county-wide election. A person elected
28 shall serve for the remainder of the unexpired term of office.
29 If a majority of the members of the Board should become
30 appointed rather than elected to office, then the Board shall
31 call an election to be held not more than 45 days thereafter
17
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HOUSE AMENDMENT
Bill No. HB 1069
Amendment No. 1 (for drafter's use only)
1 to permit the registered electors to elect commissioners to
2 succeed the appointed commissioners; appointed commissioners
3 may succeed themselves unless otherwise prohibited by the
4 Charter. If a county-wide election is scheduled to be held
5 within 180 days from the date on which the majority of the
6 members of the Board become appointive, the Board may elect to
7 defer the required election until the scheduled county-wide
8 election.
9 B. Upon the creation of a vacancy in the Office of the
10 County Mayor, the Chairperson of the County Commission shall
11 be appointed by the Board as the Acting County Mayor until a
12 new County Mayor is selected by a special election. The
13 Vice-Chairperson of the County Commission shall assume the
14 Chairmanship on the Board as the interim Chairperson. A
15 special election shall be held within 90 days to fill the
16 vacancy. If the Acting County Mayor chooses to run for County
17 Mayor, he or she shall relinquish his or her position as
18 Chairperson of the County Commission and a special election
19 shall be held for that Commission seat on the same date as the
20 special election for County Mayor. If the Acting County Mayor
21 chooses not to run for County Mayor, he or she shall return to
22 the position of Chairperson once a new County Mayor has been
23 elected.
24 SECTION 1.08. ORGANIZATION OF THE COMMISSION.
25 A. Commencing with the election of Mayor in 1996, The
26 County Mayor shall not be a member of the Commission. The
27 County Commission shall elect a Chairperson and a
28 Vice-Chairperson from its number by a majority vote. The
29 Chairperson of the Commission shall serve as the presiding
30 officer of the legislative branch of county government for a
31 term of 2 years. The Chairperson, in addition to the powers
18
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HOUSE AMENDMENT
Bill No. HB 1069
Amendment No. 1 (for drafter's use only)
1 and duties provided elsewhere in this Charter, shall have the
2 specific powers and duties to:
3 (1) Serve as the presiding officer of the Commission.
4 (2) Sign ordinances, resolutions, and other
5 legislative documents for the Commission.
6 (3) Schedule Commission meetings.
7 (4) Preside over the committee charged with reviewing
8 nominations submitted by the County Mayor for the positions of
9 Deputy County Mayor and Chief of Police.
10 (5) Establish, with the approval of the Commission,
11 standing committees and rules of procedure to govern Board
12 meetings.
13 (6) Appoint the members of all standing committees and
14 the chairperson of each standing committee.
15
16 Such powers are not subject to veto by the County Mayor. The
17 Mayor shall be the presiding officer of the Commission with
18 the authority to designate another member of the Commission to
19 serve as presiding officer.
20 B. The Clerk of the Circuit Court or a deputy shall
21 serve as clerk of the County Commission. No action of the
22 County Commission shall be taken except by a majority vote of
23 those present at a meeting at which a majority of the County
24 Commissioners then in office is present. All meetings shall be
25 public. The County Commission shall organize its own structure
26 and rules of procedure.
27
28 ARTICLE - 2
29
30 COUNTY MAYOR
31 SECTION 2.01 1.09. ELECTION OF COUNTY MAYOR.
19
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HOUSE AMENDMENT
Bill No. HB 1069
Amendment No. 1 (for drafter's use only)
1 There shall be elected by the qualified electors of the
2 county at large a County Mayor who shall be a qualified
3 elector residing within the county at least three years before
4 qualifying. The County Mayor shall not serve as a member of
5 the Commission. No individual serving as the County
6 Comptroller or as the Inspector General shall be eligible for
7 the position of County Mayor during or within 4 years after
8 termination from said position.
9 SECTION 2.02 1.10. RESPONSIBILITIES OF THE COUNTY
10 MAYOR.
11 Commencing with the election of Mayor in 1996, The
12 County Mayor shall serve as head of the county government with
13 the following specific responsibilities:
14 A. The County Mayor shall within ten days after of
15 final adoption by the County Commission, have veto authority
16 over any legislative, quasi-judicial, zoning, master plan or
17 land use decision of the County Commission, including the
18 budget or any particular component contained therein which was
19 approved by the County Commission; provided, however, that if
20 any revenue item is vetoed, an expenditure item in the same or
21 greater dollar amount must also be vetoed. The County
22 Commission may at its next regularly scheduled meeting after
23 the veto occurs, override that veto by a two-thirds vote of
24 the Commissioners present.
25 B. When one person succeeds another in the position of
26 County Mayor, the successor shall have the right to nominate
27 persons for the position of Deputy County Mayor. There shall
28 be five Deputy County Mayors: the Deputy County Mayor of
29 Public Safety, the Deputy County Mayor of Planning and
30 Infrastructure, the Deputy County Mayor of Transportation and
31 Economic Development, the Deputy County Mayor of Human
20
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HOUSE AMENDMENT
Bill No. HB 1069
Amendment No. 1 (for drafter's use only)
1 Services, and the Deputy County Mayor of Governmental
2 Operations. The five Deputy County Mayor nominees shall be
3 approved by a majority vote of the County Commission appoint
4 the Manager, subject to the approval within 14 days of a
5 majority of the Commissioners then in office. The Mayor shall
6 appoint the Manager, subject to the approval within 14 days of
7 a majority of the Commissioners then in office. The Mayor may
8 remove the Manager subject to the Commission's conducting a
9 hearing within 10 days of said removal and the Commission's
10 overriding the Mayor's action by a two-thirds vote of those
11 Commissioners then in office. Additionally, the Commission by
12 a two-thirds vote of those Commissioners then in office shall
13 be able to remove the Manager.
14 C. All Deputy County Mayors shall serve at the
15 pleasure of the County Mayor. The Mayor shall appoint the
16 members of all standing committees and the chairperson and
17 vice-chairperson of each committee. There shall be as many
18 standing and special committees as deemed necessary by the
19 Mayor.
20 D. The County Mayor shall prepare and submit an annual
21 legislative budget request to the County Commission deliver a
22 report on the state of the county to the people of the county
23 between November 1 and January 31 annually. Such report shall
24 be prepared after consultation with the Commissioners and the
25 Manager.
26 E. The County Mayor shall prepare and deliver a
27 budgetary address annually to the people of the county between
28 July 1 and September 30. Such report shall be prepared after
29 consultation with the Manager and budget director.
30 F. Unless otherwise provided for by civil service
31 rules and regulations, the County Mayor shall have the power
21
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HOUSE AMENDMENT
Bill No. HB 1069
Amendment No. 1 (for drafter's use only)
1 to appoint and suspend, remove, or discharge all
2 administrative department heads of the major departments
3 reporting to the County Mayor pursuant to section 5.01. The
4 right to suspend, remove, or discharge any department head,
5 with or without cause, is reserved at all times to the County
6 Mayor.
7 G. The County Commission shall appropriate each fiscal
8 year to the Executive Office of the County Mayor sufficient
9 funds to support the following functions and operations:
10 (1) Chief Administrative Officer.
11 (2) Budget Director.
12 (3) Chief Information Officer.
13 (4) Press Secretary.
14 (5) Intergovernmental Affairs Director.
15 (6) Incorporation/Annexation Advisor.
16 (7) General Counsel.
17
18 ARTICLE - 3 2
19
20 ELECTIONS
21 SECTION 3.01 2.01. ELECTION AND COMMENCEMENT OF TERMS
22 OF COUNTY COMMISSIONERS.
23 A. Unless otherwise provided in the Charter, beginning
24 in 1976, the election of the Mayor and the County
25 Commissioners from four County Commission districts to be
26 selected by voluntary arrangement or by lot prior to June 1,
27 1976 shall be held at the time of the state primary elections
28 in 1976 and every four years thereafter at the same time. The
29 County Commissioners from the other four County Commission
30 districts shall also be elected in 1976 in the same manner,
31 but only for two year terms; the election of County
22
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HOUSE AMENDMENT
Bill No. HB 1069
Amendment No. 1 (for drafter's use only)
1 Commissioners from these four County Commission districts will
2 be held again in 1978 and every four years thereafter at the
3 time of the state primary elections.
4 Note: The election of the County Commissioners from
5 even-numbered districts shall be held in 2002 1994 and every
6 four years thereafter and the election of County Commissioners
7 from odd-numbered districts shall be held in 2004 1996 and
8 every four years thereafter. Meek v. Metropolitan Dade County,
9 908 F.2d 1540 (11th Cir. 1990), opinion after remand, 985 F.2d
10 1471 (11th Cir. 1993).
11 B. A candidate must receive a majority of the votes
12 cast to be elected. If no candidate receives a majority of the
13 votes cast there will be a runoff election at the time of the
14 state second primary election between the two candidates
15 receiving the highest number of votes. Should a tie result,
16 the outcome shall be determined by lot.
17 C. Except as otherwise provided in this Charter, the
18 terms of office of the County Mayor and the other County
19 Commissioners shall commence on the second Tuesday next
20 succeeding the date provided for the state second primary
21 elections.
22 D. Notwithstanding any other provision of this
23 Charter, effective with the term of Mayor scheduled to
24 commence in October, 1996, no person shall be elected as Mayor
25 for more than two consecutive four-year terms. Neither service
26 as Mayor or County Commissioner prior to the terms scheduled
27 to commence in October, 1996, nor service of a partial term
28 subsequent to October, 1996, shall be considered in applying
29 the term limitation provisions of this section.
30 SECTION 3.02 2.02. SUPERVISOR OF ELECTIONS. RESERVED
31 There shall be a County Supervisor of Elections who
23
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HOUSE AMENDMENT
Bill No. HB 1069
Amendment No. 1 (for drafter's use only)
1 shall be elected by the electors of the county in a
2 nonpartisan election. The election and powers, duties, and
3 responsibilities of the County Supervisor of Elections shall
4 be as provided by general law.
5 SECTION 3.03 2.03. NONPARTISAN ELECTIONS.
6 All elections for County Mayor and the other members of
7 the Board of County Commissioners shall be nonpartisan and no
8 ballot shall show the party designation of any candidate. No
9 candidate shall be required to pay any party assessment or
10 state the party of which he is a member or the manner in which
11 he voted or will vote in any election.
12 SECTION 3.04 2.04. QUALIFICATIONS AND FILING FEE.
13 All candidates for the office of County Mayor or County
14 Commissioner shall qualify with the Clerk of the Circuit Court
15 no earlier than the 63rd day and no later than noon on the
16 49th day prior to the date of the election at which he is a
17 candidate in the method provided by law or ordinance, and
18 shall pay a filing fee of $300. All filing fees shall be paid
19 into the general funds of the county.
20 SECTION 3.05 2.05. DISQUALIFICATIONS RESERVED.
21 A. No person convicted of a felony, responsible for
22 unpaid fines to the Florida Election Commission, or those
23 mentally incompetent shall be qualified to vote or hold office
24 until restoration of civil rights or removal of disability.
25 B. No person may appear for reelection as County Mayor
26 or to the County Commission if, by the end of the current term
27 of office, that person shall have served, or but for
28 resignation would have served, in that office for 8
29 consecutive years.
30 SECTION 3.06 2.06. ADDITIONAL REGULATIONS AND STATE
31 LAWS.
24
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HOUSE AMENDMENT
Bill No. HB 1069
Amendment No. 1 (for drafter's use only)
1 A. The Board may adopt by ordinance any additional
2 regulations governing elections not inconsistent with this
3 Charter.
4 B. Except as otherwise provided by this Charter or by
5 ordinance adopted hereunder the provisions of the election
6 laws of this state shall apply to elections held under this
7 Charter.
8 SECTION 3.07 2.07. CANVASSING ELECTIONS.
9 All elections under this Charter shall be canvassed by
10 the County Canvassing Board as provided under the election
11 laws of this state.
12
13 ARTICLE - 4 3
14
15 THE COUNTY COMPTROLLER MANAGER
16 SECTION 4.01 3.01. FUNCTIONS.
17 The Office of County Comptroller shall provide
18 independent oversight of all contracts, bonding, and other
19 forms of financial obligations undertaken by the County.
20 Functions presently in the office of the Inspector General and
21 various audit units are vested in this office. The office
22 shall provide for independent oversight of contract
23 compliance. Such oversight shall provide a check on the
24 effectiveness of the policy imperatives and administrative
25 actions of the County Mayor and the County Commission. The
26 County Commission shall fix the County Comptroller's
27 compensation. Commencing with the election of Mayor in 1996,
28 the Manager shall be the head of the administrative branch of
29 the county government. The Commission shall fix the Manager's
30 compensation, and the Manager shall serve as provided in
31 Section 1.10.
25
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HOUSE AMENDMENT
Bill No. HB 1069
Amendment No. 1 (for drafter's use only)
1 SECTION 4.02 3.02. QUALIFICATIONS.
2 A. The candidate for the position of County
3 Comptroller shall be chosen on the basis of his or her
4 academic and administrative qualifications. At the time of
5 the County Comptroller's appointment, the County Comptroller
6 need not be a resident of this state. No individual serving as
7 the County Mayor or any individual serving as a County
8 Commissioner shall be eligible for the position of County
9 Comptroller during or within 2 years after the expiration of
10 their respective terms.
11 B. The County Commission shall create a County
12 Comptroller Nominating Committee to interview candidates for
13 the position of County Comptroller and to make nominations for
14 County Comptroller to the full County Commission. Each member
15 of the County Commission and the County Mayor shall appoint a
16 county resident to serve on the committee. Elected county
17 officials, employees of the county, and registered lobbyists
18 are disqualified for appointment to the County Comptroller
19 Nominating Committee. A vote of not less than 8 members of
20 the full County Commission shall be required to appoint the
21 County Comptroller. Appointment to the position of County
22 Comptroller shall be for a six-year term. However, no
23 individual shall serve more than two consecutive terms in the
24 position of County Comptroller.
25 Commencing with the election of Mayor in 1996, the
26 Manager shall be chosen on the basis of the Manager's
27 executive and administrative qualifications. At the time of
28 the Manager's appointment the Manager need not be a resident
29 of the state. Neither the Mayor nor any Commissioner shall be
30 eligible for the position of Manager during or within two
31 years after the expiration of their respective terms.
26
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HOUSE AMENDMENT
Bill No. HB 1069
Amendment No. 1 (for drafter's use only)
1 SECTION 3.03. ABSENCE OF MANAGER.
2 Commencing with the election of Mayor in 1996, the
3 Mayor, subject to the approval of the Commission, may
4 designate a qualified administrative officer of the county to
5 assume the duties and authority of the Manager during periods
6 of temporary absence or disability of the Manager.
7 SECTION 4.03 3.04. POWERS AND DUTIES.
8 A. The County Comptroller shall establish the Office
9 of the Auditor General and shall do all things necessary to
10 ensure contract and financial compliance with procurement
11 decisions made by the county and third parties in privity by
12 the County. The County Comptroller shall have staff and
13 offices necessary for the execution of these responsibilities.
14 Commencing with the election of Mayor in 1996, the Manager
15 shall be responsible for the administration of all units of
16 the county government under the Manager's jurisdiction, and
17 for carrying out policies adopted by the Commission. The
18 Manager, or such other persons as may be designated by
19 resolution of the Commission, shall execute contracts and
20 other instruments, sign bonds and other evidences of
21 indebtedness, and accept process.
22 B. The Office of the Inspector General shall be the
23 principal investigative arm within the Comptroller's Office.
24 The Office of Inspector General shall investigate alleged
25 violations of policy, procedures, and laws by officials,
26 employees, or third parties in privity with the County. Unless
27 otherwise provided for by civil service rules and regulations,
28 the Manager shall have the power to appoint and suspend all
29 administrative department heads of the major departments of
30 the county, to-wit: Tax Collector, Tax Assessor, Department of
31 Public Works, Department of Public Safety, Building and Zoning
27
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HOUSE AMENDMENT
Bill No. HB 1069
Amendment No. 1 (for drafter's use only)
1 Department, Planning Department, Finance Department, Park and
2 Recreation Department and Internal Auditing Department, except
3 that before any appointment shall become effective, the said
4 appointment must be approved by the County Commission and if
5 the same is disapproved the said appointment shall be void. In
6 the event such appointment shall be disapproved by the County
7 Commission the appointment shall forthwith become null and
8 void and thereupon the County Manager shall make a new
9 appointment or appointments, each of which shall likewise be
10 submitted for approval by the County Commission. However, the
11 right to suspend, remove or discharge any department head with
12 or without cause, is reserved at all times to the County
13 Manager.
14 C. The County Comptroller shall be the County's
15 liaison to the Commission on Ethics and Public Trust and shall
16 be responsible for funding the operations and administration
17 of the Commission on Ethics and Public Trust.
18 D. The County Comptroller shall submit a legislative
19 budget request delineating the resources needed to carry out
20 the functions mandated by the Charter.
21 SECTION 4.04 3.05. RESTRICTION ON REGARDING OFFICE OF
22 COMPTROLLER COMMISSION MEMBERS.
23 Neither the County Mayor nor any County Commissioner
24 shall direct or request the appointment of any person to, or
25 his or her removal from, office by the County Comptroller or
26 any of the County Comptroller's subordinates. Any willful
27 violation of the provisions of this Section by the County
28 Mayor or any County Commissioner shall be grounds for his or
29 her removal from office by an action brought in the Circuit
30 Court by the State Attorney of this County. Nothing in this
31 section shall prohibit the County Mayor or a County
28
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HOUSE AMENDMENT
Bill No. HB 1069
Amendment No. 1 (for drafter's use only)
1 Commissioner from requesting an inquiry into the activities of
2 the Office of County Comptroller or into the activities of any
3 individual within the Office of County Comptroller. Neither
4 the Mayor nor any Commissioner shall direct or request the
5 appointment of any person to, or his or her removal from,
6 office by the Manager or any of the Manager's subordinates, or
7 take part in the appointment or removal of officers and
8 employees in the administrative services of the county. Except
9 for the purpose of inquiry, as provided in Section 1.01A(20),
10 the Mayor and Commissioners shall deal with the administrative
11 service solely through the Manager and neither the Mayor nor
12 any Commissioner shall give orders to any subordinates of the
13 Manager, either publicly or privately. Any willful violation
14 of the provisions of this Section by the Mayor or any
15 Commissioner shall be grounds for his or her removal from
16 office by an action brought in the Circuit Court by the State
17 Attorney of this county.
18 SECTION 4.05 REMOVAL
19 The Board of County Commissioners shall have the power
20 to remove the County Comptroller for cause subject to the
21 County Commission's conducting a public hearing on the matter.
22 An affirmative vote of not less than eight of those County
23 Commissioners then in office shall be required to remove the
24 County Comptroller.
25
26 ARTICLE - 5 4
27
28 ADMINISTRATIVE ORGANIZATION AND PROCEDURE
29 SECTION 5.01 4.01. OFFICES OF THE DEPUTY COUNTY MAYORS
30 DEPARTMENTS. The County Administration shall be organized into
31 five service offices each headed by a Deputy County Mayor.
29
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HOUSE AMENDMENT
Bill No. HB 1069
Amendment No. 1 (for drafter's use only)
1 The County Mayor shall nominate a Deputy County Mayor for each
2 of the service offices of Public Safety, Planning and
3 Infrastructure, Transportation and Economic Development, Human
4 Services, and Governmental Operations. A majority vote of the
5 County Commission shall be required for confirmation of any
6 nominee for a Deputy County Mayor. Each Deputy County Mayor
7 shall have responsibility for a cluster of related
8 departments. Initially, the departments within the five
9 service offices shall be delineated as follows:
10 A. Within the Office of the Deputy County Mayor for
11 Public Safety, the departments of:
12 (1) Corrections and Rehabilitation.
13 (2) Emergency Management.
14 (3) Miami-Dade Fire Rescue.
15 (4) Medical Examiner.
16 (5) Miami-Dade Police.
17 (6) Youth Crime Task Force.
18 (7) Animal Control.
19 B. Within the Office of Deputy County Mayor for
20 Planning and Infrastructure:
21 (1) Department of Environmental Resources Management.
22 (2) Office of Water Management.
23 (3) Planning and Zoning.
24 (4) Public Works.
25 (5) Solid Waste.
26 (6) Water and Sewer.
27 (7) Building.
28 (8) Capital Improvement Coordination.
29 (9) Code Compliance.
30 (10) Parks & Recreation.
31 C. Within the Office of the Deputy County Mayor for
30
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HOUSE AMENDMENT
Bill No. HB 1069
Amendment No. 1 (for drafter's use only)
1 Transportation and Economic Development:
2 (1) Beacon Council.
3 (2) Chambers of Commerce.
4 (3) Community & Economic Development.
5 (4) Consumer Services.
6 (5) Empowerment Zone.
7 (6) Greater Miami Convention & Visitors Bureau.
8 (7) Metro-Miami Action Plan.
9 (8) Urban Revitalization Task Force.
10 (9) Aviation.
11 (10) Seaport.
12 (11) Transit.
13 (12) Miami-Dade Expressway Authority.
14 (13) Metropolitan Planning Organization.
15 (14) Business Development.
16 (15) Tourist Development Council.
17 D. Within the Office of the Deputy County Mayor for
18 Human Services:
19 (1) Community Action Agencies.
20 (2) Housing.
21 (3) Community Relations Bureau.
22 (4) Homeless Trust.
23 (5) Housing Finance Authority.
24 (6) Human Services.
25 (7) Public Health Trust.
26 (8) Training and Education.
27 E. Within the Office of the Deputy County Mayor for
28 Governmental Operations:
29 (1) Tax Collector.
30 (2) Property Appraiser.
31 (3) Team Metro.
31
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HOUSE AMENDMENT
Bill No. HB 1069
Amendment No. 1 (for drafter's use only)
1 (4) Art in Public Places.
2 (5) Cultural Affairs.
3 (6) Libraries.
4 (7) Museums.
5 (8) Performing Arts.
6 There shall be departments of finance, personnel,
7 planning, law, and such other departments as may be
8 established by administrative order of the Manager. All
9 functions not otherwise specifically assigned to others by
10 this Charter shall be performed under the supervision of the
11 Manager.
12 SECTION 5.02 4.02. ADMINISTRATIVE PROCEDURE.
13 The County Mayor Manager shall have the power to issue
14 and place into effect administrative orders, rules, and
15 regulations. The organization and operating procedure of
16 departments shall be set forth in administrative regulations
17 which the County Mayor Manager shall develop, place into
18 effect by administrative orders, and submit to the Board. The
19 Board may, by resolution, modify such orders, rules or
20 regulations providing, however, no such orders, rules or
21 regulations creating, merging, or combining departments, shall
22 become effective until approved by resolution of the Board.
23 SECTION 5.03 4.03. FINANCIAL PLANNING ADMINISTRATION.
24 A. The Executive Office of the County Mayor shall be
25 responsible for the department of finance shall be headed by a
26 finance director appointed by the Manager. The finance
27 director shall have charge of the financial administration
28 affairs of the county.
29 B. On or before the date established by law, the
30 Manager shall recommend to the Board a proposed budget
31 presenting a complete financial plan, including capital and
32
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HOUSE AMENDMENT
Bill No. HB 1069
Amendment No. 1 (for drafter's use only)
1 operating budgets, for the ensuing fiscal year. A summary of
2 the budget shall be published and the Board shall hold
3 hearings on and adopt a budget.
4 B. C. No money shall be drawn from the county treasury
5 nor shall any obligation for the expenditure of money be
6 incurred except pursuant to appropriation and except that the
7 Board may establish working capital, revolving, pension, or
8 trust funds and may provide that expenditures from such funds
9 can be made without specific appropriation. The Board, by
10 ordinance, may transfer any unencumbered appropriation
11 balance, or any portion thereof, from one department, fund, or
12 agency to another, subject to the provisions of ordinance. Any
13 portion of the earnings or balance of the several funds, other
14 than sinking funds for obligations not yet retired, may be
15 transferred to the general funds of the county by the Board.
16 C. D. Contracts for public improvements and purchases
17 of supplies, materials, and services other than professional
18 shall be made whenever practicable on the basis of
19 specifications and competitive bids. Formal sealed bids shall
20 be secured by the procuring agent of the county for all such
21 contracts and purchases when the transaction involves more
22 than the minimum amount established by the Board of County
23 Commissioners by ordinance. The transaction shall be evidenced
24 by written contract submitted and approved by the procuring
25 agency of the county Board. The Board, upon written
26 recommendation of the County Comptroller Manager, may by
27 resolution adopted by two-thirds vote of the members present
28 waive competitive bidding when it finds this to be in the best
29 interest of the county. Any contract awarded on a no-bid basis
30 must be open for formal competitive bidding within 6 months
31 after the date of the award.
33
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HOUSE AMENDMENT
Bill No. HB 1069
Amendment No. 1 (for drafter's use only)
1 D. E. Any county official or employee of the county
2 who has a personal special financial interest, direct or
3 indirect, in any action by the Board shall make known that
4 interest and shall refrain from voting upon or otherwise
5 participating in such transaction. Willful violation of this
6 Section shall constitute malfeasance in office, shall effect
7 forfeiture of office or position, and render the transaction
8 voidable by the Board.
9 E. F. Such officers and employees of the county as the
10 Board may designate shall give bond in the amount and with the
11 surety prescribed by the Board. The bond premiums shall be
12 paid by the county.
13 F. G. At the end of each fiscal year, the County
14 Comptroller Board shall provide for an audit by an independent
15 certified public accountant designated by the County
16 Comptroller Board of the accounts and finances of the county
17 for the fiscal year just completed.
18 H. The Budget Commission created by Chapter 21874,
19 Laws of Florida,1943, is hereby abolished, and Chapter 21874
20 shall no longer be of any effect.
21 SECTION 5.04 4.04. ASSESSMENT AND COLLECTION OF TAXES.
22 A. Beginning with the tax year 1961, the county tax
23 rolls prepared by the county shall be the only legal tax rolls
24 in this county for the assessment and collection of county and
25 municipal taxes. Thereafter no municipality shall have an
26 assessor or prepare an ad valorem tax roll. Each municipality
27 shall continue to have the right to adopt its own budget, fix
28 its own millage, and levy its own taxes. Each municipality
29 shall certify its levies to the County Mayor Manager not later
30 than 30 days after the county tax rolls have been finally
31 approved by the Board. Any municipality may obtain a copy of
34
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HOUSE AMENDMENT
Bill No. HB 1069
Amendment No. 1 (for drafter's use only)
1 this tax roll upon payment of the cost of preparing such a
2 copy, and copies of the tax rolls shall be available for
3 public inspection at reasonable times. Maps showing the
4 assessed valuation of each parcel of property may be prepared
5 and made available for sale to the public at a reasonable
6 price.
7 B. All county and municipal taxes for the tax year
8 beginning January 1, 1961, and all subsequent tax years, shall
9 be collected by the county on one bill prepared and sent out
10 by the county. The amounts of county and municipal taxes shall
11 be shown as separate items, and may be paid separately.
12 C. Delinquent municipal taxes shall be collected in
13 the same manner as delinquent county taxes.
14 D. All the tax revenues collected for any municipality
15 shall be returned monthly by the county to the municipality.
16 SECTION 5.05 4.05. CIVIL SERVICE DEPARTMENT OF
17 PERSONNEL.
18 A. The Board of County Commissioners shall establish
19 and maintain personnel and civil service, retirement, and
20 group insurance programs. The personnel system of the county
21 shall be based on merit principles in order to foster
22 effective career service in county employment and to employ
23 those persons best qualified for county services which they
24 are to perform.
25 B. The County Manager shall appoint a personnel
26 director who shall head the department of personnel and whose
27 duty it shall be to administer the personnel and civil service
28 programs and the rules governing them. The standards of such
29 programs shall not be less than those prevailing at the time
30 of the effective date of this Charter.
31 B. C. Except as provided herein, Chapter 30255,
35
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HOUSE AMENDMENT
Bill No. HB 1069
Amendment No. 1 (for drafter's use only)
1 General Laws, 1955, as it exists on the effective date of this
2 Charter, shall remain in effect until amended or changed by
3 ordinance of the Board of County Commissioners adopted by
4 two-thirds vote of the members present after recommendation
5 from either the Personnel Advisory Board or the County Mayor
6 Manager.
7 C. D. Employees of municipalities who, by merger,
8 transfer, or assignment of governmental units or functions
9 become county employees, shall not lose the civil service
10 rights or privileges which have accrued to them during their
11 period of employment with such municipality, and the county
12 shall use its best efforts to employ these employees within
13 the limits of their capabilities. However, if because of the
14 merger of a department or division of a municipality with the
15 county, all of the employees of such department or division
16 are unable to be employed by the county either because of lack
17 of funds or lack of work, the employee possessing the greater
18 amount of service shall be retained in accordance with civil
19 service rules and regulations. Those employees who are not
20 retained shall be placed on a priority list for employment by
21 the county subject to seniority. Any non-retained employee
22 shall have the option, if a vacancy occurs or exists in
23 another department, and if he is qualified to render the
24 service required, to either accept such employment or remain
25 on the priority list until such time as employment shall be
26 available for him in his own or similar classification.
27 D. E. The pension plan presently provided by the state
28 for county employees shall not be impaired by the Board.
29 Employees of municipalities, who by merger, transfer, or
30 assignment of governmental units or functions become county
31 employees shall not lose their pension rights, or any reserves
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HOUSE AMENDMENT
Bill No. HB 1069
Amendment No. 1 (for drafter's use only)
1 accrued to their benefit during their period of employment
2 with such municipality. The Board of County Commissioners
3 shall provide a method by which these employees' rights and
4 reserves shall be protected, and these employees shall
5 continue until retirement, dismissal, or death in a pension
6 status no less beneficial than the status held by them at the
7 time of merger or assignment.
8 E F. The Board of County Commissioners shall provide
9 and place into effect a practical group insurance plan for all
10 county employees.
11 SECTION 5.06 4.06. OFFICE OF COUNTY ATTORNEY
12 DEPARTMENT OF LAW.
13 There shall be a county attorney appointed by the Board
14 of County Commissioners who shall serve at the will of the
15 Board and who shall head the Office of County Attorney
16 department of law. The County Attorney He shall devote his
17 full time to the service of the county and shall serve as
18 legal counsel to the Board, Manager, and all county
19 departments, offices, and agencies, and perform such other
20 legal duties as may be assigned to the County Attorney him.
21 With the approval of the Board, the County Attorney he may
22 appoint such assistants as may be necessary in order that the
23 his duties of the County Attorney may be performed properly.
24 The Board may employ special counsel for specific needs.
25 SECTION 5.07 4.07. DEMOGRAPHIC, POLICY, AND DEPARTMENT
26 OF PLANNING.
27 The department of planning shall be headed by a
28 planning director appointed by the County Manager. The
29 planning director shall be qualified in the field of planning
30 by special training and experience. Under the supervision of
31 the County Mayor Manager and with the advice of the Planning
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HOUSE AMENDMENT
Bill No. HB 1069
Amendment No. 1 (for drafter's use only)
1 Advisory Board elsewhere provided for in this Charter, the
2 Office of Deputy County Mayor of Planning and Infrastructure
3 director shall among other things:
4 1. Conduct studies of county population, land use,
5 facilities, resources, and needs and other factors which
6 influence the county's development, and on the basis of such
7 studies prepare such official and other maps and reports as,
8 taken together, constitute a master plan for the welfare,
9 recreational, economic, and physical development of the
10 county.
11 2. Prepare for review by the Planning Advisory Board,
12 and for adoption by the Board of County Commissioners, zoning,
13 subdivision and related regulations for the unincorporated
14 areas of the county and minimum standards governing zoning,
15 subdivision, and related regulations for the municipalities;
16 and prepare recommendations to effectuate the master plan and
17 to coordinate the county's proposed capital improvements with
18 the master plan.
19 3. Review the municipal systems of planning, zoning,
20 subdivision, and related regulations and make recommendations
21 thereon with a view of coordinating such municipal systems
22 with one another and with those of the county.
23 SECTION 5.08 4.08. BOARDS.
24 A. The Board of County Commissioners shall by
25 ordinance create a Planning Advisory Board, a Zoning Appeals
26 Board, and such other boards as it may deem necessary,
27 prescribing in each case the number, manner of appointment,
28 length of term, and advisory or quasi-judicial duties of
29 members of such boards, who shall serve without compensation
30 but who may be reimbursed for necessary expenses incurred in
31 official duties, as may be determined and approved by the
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HOUSE AMENDMENT
Bill No. HB 1069
Amendment No. 1 (for drafter's use only)
1 Board of County Commissioners.
2 B. The Board of County Commissioners may by ordinance
3 provide for the expansion of the City of Miami Water and Sewer
4 Board to act as an agency county-wide in scope and authority,
5 with the power to acquire, construct and operate water and
6 sewer systems within the incorporated and the unincorporated
7 areas of Dade County, which agency shall be known as the
8 Miami-Dade Water and Sewer Authority. The Miami-Dade Water and
9 Sewer Authority shall have the responsibility to develop and
10 operate a county-wide water and sewer system for the purpose
11 of providing potable water, sewage collection and disposal and
12 water pollution abatement to the citizens of Dade County.
13 C. Miami-Dade Dade County shall retain all its powers,
14 including but not limited to that of eminent domain, in
15 relation to the creation of a county-wide water and sewer
16 system, for the purpose of cooperating with the Miami-Dade
17 Water and Sewer Authority.
18
19 ARTICLE - 6 5
20
21 MUNICIPALITIES
22 SECTION 6.01 5.01. CONTINUANCE OF MUNICIPALITIES.
23 The municipalities in the county shall remain in
24 existence so long as their electors desire. No municipality in
25 the county shall be abolished without approval of a majority
26 of its electors voting in an election called for that purpose.
27 The right of self determination in local affairs is reserved
28 and preserved to the municipalities except as otherwise
29 provided in this Charter.
30 SECTION 6.02 5.02. MUNICIPAL POWERS.
31 Each municipality shall have the authority to exercise
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HOUSE AMENDMENT
Bill No. HB 1069
Amendment No. 1 (for drafter's use only)
1 all powers relating to its local affairs not inconsistent with
2 this Charter. Each municipality may provide for higher
3 standards of zoning, service, and regulation than those
4 provided by the Board of County Commissioners in order that
5 its individual character and standards may be preserved for
6 its citizens.
7 SECTION 6.03 5.03. MUNICIPAL CHARTERS.
8 A. Except as provided in Section 6.04 5.04, any
9 municipality in the county may adopt, amend, or revoke a
10 charter for its own government or abolish its existence in the
11 following manner. Its governing body shall, within 120 days
12 after adopting a resolution or after the certification of a
13 petition of ten percent of the qualified electors of the
14 municipality, draft or have drafted by a method determined by
15 municipal ordinance a proposed charter amendment, revocation,
16 or abolition which shall be submitted to the electors of the
17 municipalities. Unless an election occurs not less than 60 nor
18 more than 120 days after the draft is submitted, the proposal
19 shall be submitted at a special election within that time. The
20 governing body shall make copies of the proposal available to
21 the electors not less than 30 days before the election.
22 Alternative proposals may be submitted. Each proposal approved
23 by a majority of the electors voting on such proposal shall
24 become effective at the time fixed in the proposal.
25 B. All municipal charters, amendments thereto, and
26 repeals thereof shall be filed with the Clerk of the Circuit
27 Court.
28 SECTION 6.04 5.04. CHANGES IN MUNICIPAL BOUNDARIES.
29 A. The Office of Deputy County Mayor of Planning and
30 Infrastructure director shall study municipal boundaries with
31 a view to recommending their orderly adjustment, improvement,
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HOUSE AMENDMENT
Bill No. HB 1069
Amendment No. 1 (for drafter's use only)
1 and establishment. Proposed boundary changes may be initiated
2 by the Planning Advisory Board, the Board of County
3 Commissioners, the governing body of a municipality, or by a
4 petition of any person or group concerned.
5 B. The Board of County Commissioners, after obtaining
6 the approval of the municipal governing bodies concerned,
7 after hearing the recommendations of the Planning Advisory
8 Board, and after a public hearing, may by ordinance effect
9 boundary changes, unless the change involves the annexation or
10 separation of an area of which more than 250 residents are
11 electors, in which case an affirmative vote of a majority of
12 those electors voting shall also be required. Upon any such
13 boundary change any conflicting boundaries set forth in the
14 charter of such municipality shall be considered amended.
15 C. No municipal boundary shall be altered except as
16 provided by this Section.
17 SECTION 6.05 5.05. CREATION OF NEW MUNICIPALITIES.
18 The Board of County Commissioners and only the Board
19 may authorize the creation of new municipalities in the
20 unincorporated areas of the county after hearing the
21 recommendations of the Planning Advisory Board, after a public
22 hearing, and after an affirmative vote of a majority of the
23 electors voting and residing within the proposed boundaries.
24 The Board of County Commissioners shall appoint a charter
25 commission, consisting of five electors residing within the
26 proposed boundaries, who shall propose a charter to be
27 submitted to the electors in the manner provided in Section
28 6.03 5.03. The new municipality shall have all the powers and
29 rights granted to or not withheld from municipalities by this
30 Charter and the Constitution and general laws of the State of
31 Florida. Notwithstanding any provision of this Charter to the
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HOUSE AMENDMENT
Bill No. HB 1069
Amendment No. 1 (for drafter's use only)
1 contrary, with regard to any municipality created after
2 September 1, 2000, the pre-agreed conditions between the
3 County and the prospective municipality which are included in
4 the municipal charter may only be changed if approved by an
5 affirmative vote of two-thirds of the members of the Board of
6 County Commissioners then in office, prior to a vote of
7 qualified municipal electors.
8 SECTION 6.06 5.06. CONTRACTS WITH OTHER UNITS OF
9 GOVERNMENT.
10 Every municipality in this county shall have the power
11 to enter into contracts with other governmental units within
12 or outside the boundaries of the municipality or the county
13 for the joint performance or performance by one unit in behalf
14 of the other of any municipal function.
15 SECTION 6.07 5.07. FRANCHISE AND UTILITY TAXES.
16 Revenues realized from franchise and utility taxes
17 imposed by municipalities shall belong to municipalities.
18
19 ARTICLE - 7 6
20
21 PARKS, AQUATIC PRESERVES, AND PRESERVATION LANDS
22 Note: This Article does not apply to municipal property
23 in Coral Gables, Hialeah, Hialeah Gardens, Miami, Sweetwater
24 and West Miami. See Section 6.04.
25 SECTION 7.01 6.01. POLICY.
26 Parks, aquatic preserves, and lands acquired by the
27 County for preservation shall be held in trust for the
28 education, pleasure, and recreation of the public and they
29 shall be used and maintained in a manner which will leave them
30 unimpaired for the enjoyment of future generations as a part
31 of the public's irreplaceable heritage. They shall be
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HOUSE AMENDMENT
Bill No. HB 1069
Amendment No. 1 (for drafter's use only)
1 protected from commercial development and exploitation and
2 their natural landscape, flora and fauna, and scenic beauties
3 shall be preserved. In lands acquired by the County for
4 preservation and in parks along the Ocean or the Bay the
5 public's access to and view of the water shall not be
6 obstructed or impaired by buildings or other structures or
7 concessions which are in excess of 1500 square feet each.
8 Adequate maintenance shall be provided.
9 SECTION 7.02 6.02. RESTRICTIONS AND EXCEPTIONS.
10 In furtherance of this policy parks shall be used for
11 public park purposes only, and subject to the limited
12 exceptions set forth in this Article, there shall be no
13 permanent structures or private commercial advertising erected
14 in a public park or private commercial use of a public park or
15 renewals, expansions, or extensions of existing leases,
16 licenses, or concessions to private parties of public park
17 property, unless each such structure, lease, license, renewal,
18 expansion, extension, concession or use shall be approved by a
19 majority vote of the voters in a County-wide referendum.
20 Nothing in this Article shall prevent any contract with
21 federally tax-exempt not-for-profit youth, adult, and senior
22 cultural, conservation and parks and recreation program
23 providers. To ensure aquatic preserves, lands acquired by the
24 County for preservation, and public parks or parts thereof
25 which are nature preserves, beaches, natural forest areas,
26 historic or archeological areas, or otherwise possess unique
27 natural values in their present state, such as Matheson
28 Hammock, Greynolds Park, Redlands Fruit and Spice Park,
29 Castellow Hammock, Crandon Park, Trail Glades Park, Deering
30 Estate Park, Pine Shore Park, Old Cutler Hammock, Chapman
31 Field, Tamiami Pinelands, Wainright Park, Larry and Penny
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HOUSE AMENDMENT
Bill No. HB 1069
Amendment No. 1 (for drafter's use only)
1 Thompson Park, Whispering Pines Hammock, Mangrove Preserve,
2 Owaissa Bauer Park, Fuchs Hammock, Black Point Marina, Simpson
3 Park, Sewell Park, Barnes Park, Virginia Key, mangrove
4 preserves, and all other natural or historical resource based
5 parks do not lose their natural or historical values, any
6 structure, lease, license, renewal, extension, concession or
7 use in any of this class of public parks or in aquatic
8 preserves and preservation lands must be approved by an
9 affirmative vote of two-thirds of the voters in a County-wide
10 referendum. No park shall be designed to be used beyond its
11 appropriate carrying capacity and to the extent required by
12 law all parks and facilities and permitted special events and
13 concessions operating in the parks shall be fully accessible
14 to persons with disabilities. Nothing in this Article shall
15 prevent the maintenance of existing facilities, the
16 maintenance, operation, and renovation of existing golf course
17 and marina restaurants at their existing square footage by
18 government agencies or private operators, provided such
19 private operators are chosen as a result of competitive
20 selection and their initial contract terms are limited to no
21 more than ten years, or the construction, operation,
22 maintenance, and repair by government agencies or private
23 operators of or issuance of temporary permits for:
24 A. Appropriate access roads, bridges, fences,
25 lighting, flag poles, entrance features, picnic shelters,
26 tables, grills, benches, irrigation systems, walls, erosion
27 control devices, utilities, trash removal, parking and
28 security and fire facilities for the primary use of the park
29 system;
30 B. Food and concession facilities each not in excess
31 of 1500 square feet of enclosed space, with any complementary
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HOUSE AMENDMENT
Bill No. HB 1069
Amendment No. 1 (for drafter's use only)
1 outdoor or covered areas needed to service park patrons;
2 C. User-participation non-spectator recreation and,
3 playground facilities, golf courses and golf-course related
4 facilities, and bandstands and bandshells containing less than
5 1,000 spectator seats and athletic facilities, sports fields
6 and arenas containing less than 3,000 spectator seats;
7 D. Facilities for marinas, sightseeing and fishing
8 boats, visiting military vessels, and fishing;
9 E. Park signage and appropriate plaques and monuments;
10 F. Rest rooms;
11 G. Fountains, gardens, and works of art;
12 H. Park service facilities, senior, day care and
13 pre-school facilities, small nature centers with not more than
14 one classroom;
15 I. Film permits, temporary fairs, art exhibits,
16 performing arts, concerts, cultural and historic exhibitions,
17 regattas, athletic contests and tournaments, none of which
18 require the erection of permanent structures;
19 J. Advertising in connection with sponsorship of
20 events or facilities in the park, provided however all such
21 facilities and uses are compatible with the particular park
22 and are scheduled so that such events do not unreasonably
23 impair the public use of the park or damage the park.
24 K. Programming partnerships with qualified federally
25 tax exempt not-for-profit youth, adult, and senior cultural,
26 conservation, and parks and recreation program providers;
27 L. Agreements with cable, internet, telephone,
28 electric or similar service providers or utilities, so long as
29 any installations are underground or do not adversely impact
30 natural resources, or parks facilities and uses. No park
31 facilities, golf courses, or County lands acquired for
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HOUSE AMENDMENT
Bill No. HB 1069
Amendment No. 1 (for drafter's use only)
1 preservation shall be converted to or used for non-park
2 offices, purposes, or uses. The County, the municipalities,
3 and agencies or groups receiving any public funding shall not
4 expend any public money or provide any publicly funded
5 services in kind to any project which does not comply with
6 this Article. No building permit or certificate of occupancy
7 shall be issued for any structure in violation of this
8 Article. The restrictions applying to parks in this Article
9 shall not apply to the Dade County Youth Fair site, Metro Zoo,
10 Tamiami Stadium, Haulover Fishing Pier, the Dade County
11 Auditorium, the Museum of Science, the Gold Coast Railroad
12 Museum, Vizcaya Museum and Gardens, Trail Glade Range, the
13 Orange Bowl, the Commodore Ralph Munroe Marine Stadium, the
14 Seaquarium, Curtis Park track and stadium, Fairchild Tropical
15 Gardens, and mini and neighborhood parks except that no mini
16 or neighborhood park may be leased or disposed of unless a
17 majority of the residents residing in voting precincts any
18 part of which is within 1 mile of the park authorize such sale
19 or lease by majority vote in an election.
20 SECTION 7.03 6.03. ENFORCEMENT AND CONSTRUCTION.
21 All elections required by this Article shall be held
22 either in conjunction with state primary or general elections
23 or as part of bond issue elections. The provisions of this
24 Article may be enforced in the same manner as provided in
25 Section (C) of the Citizens' Bill of Rights of this Charter.
26 The provisions of this Article shall be liberally construed in
27 favor of the preservation of all park lands, aquatic
28 preserves, and preservation lands. If any provision of this
29 Article shall be declared invalid it shall not affect the
30 validity of the remaining provisions of this Article. This
31 Article shall not be construed to illegally impair any
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HOUSE AMENDMENT
Bill No. HB 1069
Amendment No. 1 (for drafter's use only)
1 previously existing valid written contractual commitments or
2 bids or bonded indebtedness.
3 SECTION 7.04 6.04. JURISDICTION.
4 Except as otherwise provided herein the provisions of
5 this Article shall apply to all County and municipal parks,
6 aquatic preserves, and lands acquired by the County for
7 preservation now in existence or hereafter acquired, provided
8 that if this Article was not favorably voted upon by a
9 majority of the voters voting in any municipality at the time
10 of the adoption of this Article the municipal parks of such
11 municipality shall be excluded from the provisions of this
12 Article.
13
14 ARTICLE - 8 7
15
16 INITIATIVE, REFERENDUM, AND RECALL
17 SECTION 8.01 7.01. INITIATIVE AND REFERENDUM.
18 The electors of the county shall have the power to
19 propose to the Board of County Commissioners passage or repeal
20 of ordinances and to vote on the question if the Board refuses
21 action, according to the following procedure:
22 1. The person proposing the exercise of this power
23 shall submit the proposal to the Board which shall without
24 delay approve as to form a petition for circulation in one or
25 several copies as the proposer may desire.
26 2. The person or persons circulating the petition
27 shall, within 60 days of the approval of the form of the
28 petition, obtain the valid signatures of voters in the county
29 in numbers at least equal to four percent of the registered
30 voters in the county on the day on which the petition is
31 approved, according to the official records of the County
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HOUSE AMENDMENT
Bill No. HB 1069
Amendment No. 1 (for drafter's use only)
1 Supervisor of Elections. In determining the sufficiency of the
2 petition, no more than 25 percent of the valid signatures
3 required shall come from voters registered in any single
4 county commission district. Each signer of a petition shall
5 place thereon, after his name, the date, and his place of
6 residence or precinct number. Each person circulating a copy
7 of the petition shall attach to it a sworn affidavit stating
8 the number of signers and the fact that each signature was
9 made in the presence of the circulator of the petition.
10 3. The signed petition shall be filed with the Board
11 which shall within 30 days order a canvass of the signatures
12 thereon to determine the sufficiency of the signatures. If the
13 number of signatures is insufficient or the petition is
14 deficient as to form or compliance with this Section, the
15 Board shall notify the person filing the petition that the
16 petition is insufficient and has failed.
17 4. The Board shall within 30 days after the date a
18 sufficient petition is presented either:
19 (a) Adopt the ordinance as submitted in an initiatory
20 petition or repeal the ordinance referred to by a referendary
21 petition, or
22 (b) Submit the proposal to the electors in impartial
23 and concise language and in such manner as provides a clear
24 understanding of the proposal.
25 5. If the Board determines to submit the proposal to
26 the electors, the election shall be held either:
27 (a) In the next scheduled county-wide election, or
28 (b) If the petition contains the valid signatures in
29 the county in numbers at least equal to eight percent of the
30 registered voters in the county, the election shall take place
31 within 120 days after the date the petition is presented to
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HOUSE AMENDMENT
Bill No. HB 1069
Amendment No. 1 (for drafter's use only)
1 the Board, preferably in an election already scheduled for
2 other purposes, otherwise in a special election. The result
3 shall be determined by a majority vote of the electors voting
4 on the proposal.
5 6. An ordinance proposed by initiatory petition or the
6 repeal of an ordinance by referendary petition shall be
7 effective on the day after the election, except that:
8 (a) Any reduction or elimination of existing revenue
9 or any increase in expenditures not provided for by the
10 current budget or by existing bond issues shall not take
11 effect until the beginning of the next succeeding fiscal year;
12 and
13 (b) Rights accumulated under an ordinance between the
14 time a certified referendary petition against the ordinance is
15 presented to the Board and the repeal of the ordinance by the
16 voters, shall not be enforced against the county; and
17 (c) Should two or more ordinances adopted at the same
18 election have conflicting provisions, the one receiving the
19 highest number of votes shall prevail as to those provisions.
20 7. An ordinance adopted by the electorate through
21 initiatory proceedings shall not be amended or repealed by the
22 Board for a period of one year after the election at which it
23 was adopted, but thereafter it may be amended or repealed like
24 any other ordinance.
25 SECTION 8.02 7.02. RECALL.
26 Any member of the Board of County Commissioners or the
27 County Mayor Sheriff or any Constable may be removed from
28 office by the electors of the county, district, or
29 municipality by which the officeholder he was chosen. The
30 procedure on a recall petition shall be identical with that
31 for an initiatory or referendary petition, except that:
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HOUSE AMENDMENT
Bill No. HB 1069
Amendment No. 1 (for drafter's use only)
1 1. The Clerk of the Circuit Court shall approve the
2 form of the petition.
3 2. The person or persons circulating the petition must
4 obtain signatures of electors of the county, district, or
5 municipality concerned in numbers at least equal to four
6 percent of the registered voters in the county district or
7 municipality on the day on which the petition is approved,
8 according to the official records of the County Supervisor of
9 Elections.
10 3. The signed petition shall be filed with and
11 canvassed and certified by the Clerk of the Circuit Court.
12 4. The Board of County Commissioners must provide for
13 a recall election not less than 45 nor more than 90 days after
14 the certification of the petition.
15 5. The question of recall shall be placed on the
16 ballot in a manner that will give the elector a clear choice
17 for or against the recall. The result shall be determined by a
18 majority vote of the electors voting on the question.
19 6. If the majority is against recall the officer shall
20 continue in office under the terms of his previous election.
21 If the majority is for recall he shall, regardless of any
22 defect in the recall petition, be deemed removed from office
23 immediately.
24 7. No recall petition against such an officer shall be
25 certified within one year after he takes office nor within one
26 year after a recall petition against him is defeated.
27 8. Any vacancy created by recall in the offices of
28 Sheriff or Constables shall be filled for the remaining term
29 by appointment by the Board of County Commissioners, or the
30 Board may require the office to be filled at the next regular
31 election or at a special election called for that purpose.
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HOUSE AMENDMENT
Bill No. HB 1069
Amendment No. 1 (for drafter's use only)
1
2 ARTICLE - 9 8
3
4 GENERAL PROVISIONS
5 SECTION 9.01 8.01. ABOLITION OF CERTAIN OFFICES AND
6 TRANSFER OF FUNCTIONS.
7 A. On (this date is to be established) May 1, 1958,
8 the following offices are hereby abolished and the powers and
9 functions of such offices are hereby transferred to the County
10 Mayor Manager who shall provide for the continuation of all
11 the duties and functions of these offices required under the
12 Constitution and general laws of this state: County Property
13 Appraiser Assessor of Taxes, County Tax Collector, County
14 Surveyor, and County Purchasing Agent, and County Supervisor
15 of Registration.
16 B. The County Mayor Manager may delegate to suitable
17 persons the powers and functions of such officers, provided
18 however that until the term of office for which they were
19 elected shall terminate the County Assessor of Taxes, the
20 County Tax Collector, the County Supervisor of Registration,
21 and the County Purchasing Agent shall each if he so desires
22 remain in his position and receive the same salary as
23 presently provided for by statute.
24 C. In the event that other elective officers are
25 abolished by the Board, the Board shall provide that any
26 person duly elected to such office shall if he so desires
27 remain in the same or similar position and receive the same
28 salary for the remainder of the term for which he was elected,
29 and shall provide for the continuation of all duties and
30 functions of these offices required under the Constitution and
31 general laws.
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HOUSE AMENDMENT
Bill No. HB 1069
Amendment No. 1 (for drafter's use only)
1 C. D. On said date November 9, 1966, the Office of
2 Director of Public Safety Sheriff is hereby abolished and the
3 powers and functions of such office are hereby transferred to
4 the County Mayor Manager, who shall provide for the
5 continuation of all the duties and functions of this office
6 required under the Constitution and general laws of this
7 state. The County Mayor Manager may delegate to a suitable
8 person or persons the powers and functions of such officer.
9 Section 1.01A(19)(a) of this Charter is amended by deleting
10 the word "Sheriff" and subsections (b) and (c) are repealed.
11 D. On said date, the Office of County Manager is
12 abolished and the powers and functions of such office are
13 hereby transferred to the County Mayor, except the duties and
14 functions of the Office of the County Comptroller listed under
15 Article 4.
16 E. On said date, the Office of the County Supervisor
17 of Registration is abolished and the powers and functions of
18 such office are hereby transferred to the County Supervisor of
19 Elections who shall provide for the continuation of all the
20 duties and functions of such office required under the
21 Constitution and general laws of this state as provided in
22 Section 3.02.
23 SECTION 9.02 8.02. RESERVED.
24 SECTION 9.03 8.03. TORT LIABILITY.
25 The county shall be liable in actions of tort to the
26 same extent that municipalities in the State of Florida are
27 liable in actions in tort. However, No suit shall be
28 maintained against the county for damages to persons or
29 property or for wrongful death arising out of any tort unless
30 written notice of claim shall first have been given to the
31 county in the manner and within the time provided by
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HOUSE AMENDMENT
Bill No. HB 1069
Amendment No. 1 (for drafter's use only)
1 ordinance, except that the time fixed by ordinance for notice
2 shall be not less than 30 days nor more than 120 days.
3 Note: Waiver of County's tort immunity held
4 unconstitutional in Kaulakisv. Boyd, Fla. 1962, 138 So.2d 505.
5 SECTION 9.04 8.04. SUPREMACY CLAUSE.
6 A. This Charter and the ordinances adopted hereunder
7 shall in cases of conflict supersede all municipal charters
8 and ordinances, except as herein provided, and where
9 authorized by the Constitution, shall in cases of conflict
10 supersede all special and general laws of the state.
11 B. All other special and general laws and county
12 ordinances and rules and regulations not inconsistent with
13 this Charter shall continue in effect until they are
14 superseded by ordinance adopted by the Board pursuant to this
15 Charter and the Constitution.
16 SECTION 9.05 8.05. EXISTING FRANCHISES, CONTRACTS, AND
17 LICENSES.
18 All lawful franchises, contracts, and licenses in force
19 on the effective date of this Charter shall continue in effect
20 until terminated or modified in accordance with their terms or
21 in the manner provided by law or this Charter.
22 SECTION 9.06 8.06. EFFECT OF THE CHARTER.
23 A. This Charter shall be liberally construed in aid of
24 its declared purpose, which is to establish effective home
25 rule government in this county responsive to the people. If
26 any Article, Section, subsection, sentence, clause, or
27 provision of this Charter or the application thereof shall be
28 held invalid for any reason, the remainder of the Charter and
29 of any ordinances or regulations made thereunder shall remain
30 in full force and effect.
31 B. Nothing in this Charter shall be construed to limit
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HOUSE AMENDMENT
Bill No. HB 1069
Amendment No. 1 (for drafter's use only)
1 or restrict the power and jurisdiction of the Florida Railroad
2 and Public Utilities Commission.
3 SECTION 9.07 8.07. AMENDMENTS.
4 A. Amendments to this Charter may be proposed by a
5 resolution adopted by the Board of County Commissioners or by
6 petition of electors numbering not less than ten percent of
7 the total number of electors registered in Dade County at the
8 time the petition is submitted to the Board. Initiatory
9 petitions shall be certified in the manner required for
10 initiatory petitions for an ordinance.
11 B. Amendments to this Charter may be proposed by
12 initiatory petitions of electors biennially, only during even
13 numbered years in which state primary and general elections
14 are held. All elections on charter amendments proposed by
15 initiatory petitions shall be held in conjunction with state
16 primary or general elections, unless the Board of County
17 Commissioners shall determine to call a special election by
18 two-thirds vote of the entire membership.
19 C. Amendments to this Charter may be proposed by the
20 Board of County Commissioners at any time. Elections on
21 charter amendments proposed by the Board shall be held not
22 less than 60 nor more than 120 days after the Board adopts a
23 resolution proposing any amendment.
24 D. The result of all elections on charter amendments
25 shall be determined by a majority of the electors voting on
26 the proposed amendment.
27 SECTION 9.08 8.08. REVISIONS.
28 At least once in every 5 year period the Board shall
29 review the Charter and determine whether or not there is a
30 need for revision. If the Board determines that a revision is
31 needed, it shall establish a procedure for the preparation of
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HOUSE AMENDMENT
Bill No. HB 1069
Amendment No. 1 (for drafter's use only)
1 a proposed revision of the Charter. The proposed revision
2 shall then be presented to the Board for review, modification
3 and approval. If the Board approves such proposed revision,
4 either with or without modification, it shall present such
5 proposed revision to the electorate in accordance with the
6 provisions of Section 9.07 8.07 (C) and (D). Simultaneous
7 elections may be held on a proposed revision and on individual
8 amendments that are proposed.
9 SECTION 9.09 8.09. EFFECTIVE DATE.
10 This Charter shall become effective 60 days after it is
11 ratified by a majority of the qualified electors of the county
12 voting on the Charter.
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14 ARTICLE - 10 9
15
16 NAME OF COUNTY
17 SECTION 10.01 9.01. NAME OF COUNTY.
18 A. The name of Dade County shall officially be changed
19 to Miami-Dade County and all references to Dade County in the
20 Florida Constitution, Florida Statutes, Code of Metropolitan
21 Dade County, federal law, case law and other legal documents,
22 shall be deemed to be references to Miami-Dade County.
23 B. The Commission shall by ordinance provide a method
24 to implement the official name change.
25 Section 2. Contingent upon approval of an amendment to
26 the State Constitution approved at the general election held
27 in November 2002 authorizing amendments or revisions to the
28 home rule charter of Miami-Dade County, this act shall be the
29 subject of a referendum submitted to the voters of Miami-Dade
30 County at the general election to be held in November 2003 and
31 shall take effect only upon approval by a majority of the
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HOUSE AMENDMENT
Bill No. HB 1069
Amendment No. 1 (for drafter's use only)
1 electors of Miami-Dade County voting in such referendum 2003;
2 except that this section shall take effect upon becoming law.
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