HOUSE AMENDMENT Bill No. HB 1069 Amendment No. 1 (for drafter's use only) CHAMBER ACTION Senate House . . 1 . . 2 . . 3 . . 4 ______________________________________________________________ 5 ORIGINAL STAMP BELOW 6 7 8 9 10 ______________________________________________________________ 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 16 17 and insert: 18 Section 1. The Miami-Dade County Home Rule Charter is 19 amended to read: 20 21 MIAMI-DADEDADECOUNTY 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 File original & 9 copies 02/07/02 hca0003 09:17 am 01069-lgva-773161HOUSE 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 theCommission, 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 File original & 9 copies 02/07/02 hca0003 09:17 am 01069-lgva-773161HOUSE 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 File original & 9 copies 02/07/02 hca0003 09:17 am 01069-lgva-773161 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 File original & 9 copies 02/07/02 hca0003 09:17 am 01069-lgva-773161HOUSE AMENDMENT Bill No. HB 1069 Amendment No. 1 (for drafter's use only) 1 Reports. The County Comptroller Managerand 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 by6state statute,The County MayorManagershall 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 CommissionManagershall 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 OfficeCounty Managershall 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 File original & 9 copies 02/07/02 hca0003 09:17 am 01069-lgva-773161HOUSE 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 Manageror any other municipal chief executive officerCity26Managermay 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 File original & 9 copies 02/07/02 hca0003 09:17 am 01069-lgva-773161HOUSE 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 Dade13 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 File original & 9 copies 02/07/02 hca0003 09:17 am 01069-lgva-773161HOUSE 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 File original & 9 copies 02/07/02 hca0003 09:17 am 01069-lgva-773161 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 9 File original & 9 copies 02/07/02 hca0003 09:17 am 01069-lgva-773161 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 10 File original & 9 copies 02/07/02 hca0003 09:17 am 01069-lgva-773161 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 File original & 9 copies 02/07/02 hca0003 09:17 am 01069-lgva-773161 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 File original & 9 copies 02/07/02 hca0003 09:17 am 01069-lgva-773161 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 File original & 9 copies 02/07/02 hca0003 09:17 am 01069-lgva-773161 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 File original & 9 copies 02/07/02 hca0003 09:17 am 01069-lgva-773161 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 prepareda 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 thirteeneightCounty Commission 31 districts.The initial boundaries of these districts shall be15 File original & 9 copies 02/07/02 hca0003 09:17 am 01069-lgva-773161HOUSE 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 par2thereof.3Note: There are thirteen County Commission districts.4Meek v. Metropolitan Dade County, 908 F.2d 1540 (11th Cir.51990), 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 thirteenninemembers 16 elected as follows: 17 The qualified electors residing within each of the 13 18 districts shall electFrom each of the eight districts there19shall be elected by the qualified electors of the county at20largea County Commissioner who shall be a qualified elector 21 residing within the district for at least 1 yearsix months22 and within the county at least three years before qualifying. 23Commencing with the election of Mayor in 1996, the Commission24shall consist of eight members. Beginning with the state25primary elections in 1968, the Mayor and each Commissioner26shall be elected for a term of four years.27Note: The Commission consists of thirteen members28elected from districts. Meek v.29Metropolitan Dade County, 908 F.2d 1540 (11th Cir.301990), opinion after remand,985 F.2d 1471 (11th Cir. 1993).31 SECTION 1.05. FORFEITURE OF OFFICE. 16 File original & 9 copies 02/07/02 hca0003 09:17 am 01069-lgva-773161HOUSE 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 Commissionershall be paidreceivea 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 Commissionerof $6,000 per year payable monthly and15 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 onin the office of Mayor or the other19members ofthe 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 File original & 9 copies 02/07/02 hca0003 09:17 am 01069-lgva-773161HOUSE 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 File original & 9 copies 02/07/02 hca0003 09:17 am 01069-lgva-773161HOUSE 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. The17Mayor shall be the presiding officer of the Commission with18the authority to designate another member of the Commission to19serve 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 2.011.09. ELECTION OF COUNTY MAYOR. 19 File original & 9 copies 02/07/02 hca0003 09:17 am 01069-lgva-773161HOUSE 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. 11Commencing 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 afterof15 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 File original & 9 copies 02/07/02 hca0003 09:17 am 01069-lgva-773161HOUSE 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 appoint4the Manager, subject to the approval within 14 days of a5majority of the Commissioners then in office.The Mayor shall6appoint the Manager, subject to the approval within 14 days of7a majority of the Commissioners then in office. The Mayor may8remove the Manager subject to the Commission's conducting a9hearing within 10 days of said removal and the Commission's10overriding the Mayor's action by a two-thirds vote of those11Commissioners then in office. Additionally, the Commission by12a two-thirds vote of those Commissioners then in office shall13be 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 the16members of all standing committees and the chairperson and17vice-chairperson of each committee. There shall be as many18standing and special committees as deemed necessary by the19Mayor.20 D. The County Mayor shall prepare and submit an annual 21 legislative budget request to the County Commissiondeliver a22report on the state of the county to the people of the county23between November 1 and January 31 annually.Such report shall24be prepared after consultation with the Commissioners and the25Manager.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 after29consultation 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 File original & 9 copies 02/07/02 hca0003 09:17 am 01069-lgva-773161HOUSE 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 - 3 219 20 ELECTIONS 21 SECTION 3.012.01. ELECTION AND COMMENCEMENT OF TERMS 22 OF COUNTY COMMISSIONERS. 23 A.Unless otherwise provided in the Charter, beginning24in 1976, the election of the Mayor and the County25Commissioners from four County Commission districts to be26selected by voluntary arrangement or by lot prior to June 1,271976 shall be held at the time of the state primary elections28in 1976 and every four years thereafter at the same time. The29County Commissioners from the other four County Commission30districts shall also be elected in 1976 in the same manner,31but only for two year terms; the election of County22 File original & 9 copies 02/07/02 hca0003 09:17 am 01069-lgva-773161HOUSE AMENDMENT Bill No. HB 1069 Amendment No. 1 (for drafter's use only) 1 Commissioners from these four County Commission districts will2be held again in 1978 and every four years thereafter at the3time of the state primary elections.4Note:The election of the County Commissioners from 5 even-numbered districts shall be held in 20021994and every 6 four years thereafter and the election of County Commissioners 7 from odd-numbered districts shall be held in 20041996and 8 every four years thereafter.Meek v. Metropolitan Dade County,9908 F.2d 1540 (11th Cir. 1990), opinion after remand, 985 F.2d101471 (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 theotherCounty 19 Commissioners shall commence on the second Tuesday next 20 succeeding the date provided for the state second primary 21 elections. 22D. Notwithstanding any other provision of this23Charter, effective with the term of Mayor scheduled to24commence in October, 1996, no person shall be elected as Mayor25for more than two consecutive four-year terms. Neither service26as Mayor or County Commissioner prior to the terms scheduled27to commence in October, 1996, nor service of a partial term28subsequent to October, 1996, shall be considered in applying29the term limitation provisions of this section.30 SECTION 3.022.02. SUPERVISOR OF ELECTIONS.RESERVED31 There shall be a County Supervisor of Elections who 23 File original & 9 copies 02/07/02 hca0003 09:17 am 01069-lgva-773161HOUSE 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 theothermembers 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 3.042.04. 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 3.052.05. DISQUALIFICATIONSRESERVED. 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 3.062.06. ADDITIONAL REGULATIONS AND STATE 31 LAWS. 24 File original & 9 copies 02/07/02 hca0003 09:17 am 01069-lgva-773161HOUSE 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 - 4314 15 THE COUNTY COMPTROLLERMANAGER16 SECTION 4.013.01. 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 1996,28the Manager shall be the head of the administrative branch of29the county government. The Commission shall fix the Manager's30compensation, and the Manager shall serve as provided in31Section 1.10.25 File original & 9 copies 02/07/02 hca0003 09:17 am 01069-lgva-773161HOUSE 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. 25Commencing with the election of Mayor in 1996, the26Manager shall be chosen on the basis of the Manager's27executive and administrative qualifications. At the time of28the Manager's appointment the Manager need not be a resident29of the state. Neither the Mayor nor any Commissioner shall be30eligible for the position of Manager during or within two31years after the expiration of their respective terms.26 File original & 9 copies 02/07/02 hca0003 09:17 am 01069-lgva-773161HOUSE AMENDMENT Bill No. HB 1069 Amendment No. 1 (for drafter's use only) 1 SECTION 3.03. ABSENCE OF MANAGER.2Commencing with the election of Mayor in 1996, the3Mayor, subject to the approval of the Commission, may4designate a qualified administrative officer of the county to5assume the duties and authority of the Manager during periods6of temporary absence or disability of the Manager.7 SECTION 4.033.04. 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. 14Commencing with the election of Mayor in 1996, the Manager15shall be responsible for the administration of all units of16the county government under the Manager's jurisdiction, and17for carrying out policies adopted by the Commission. The18Manager, or such other persons as may be designated by19resolution of the Commission, shall execute contracts and20other instruments, sign bonds and other evidences of21indebtedness, 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.Unless27otherwise provided for by civil service rules and regulations,28the Manager shall have the power to appoint and suspend all29administrative department heads of the major departments of30the county, to-wit: Tax Collector, Tax Assessor, Department of31Public Works, Department of Public Safety, Building and Zoning27 File original & 9 copies 02/07/02 hca0003 09:17 am 01069-lgva-773161HOUSE AMENDMENT Bill No. HB 1069 Amendment No. 1 (for drafter's use only) 1 Department, Planning Department, Finance Department, Park and2Recreation Department and Internal Auditing Department, except3that before any appointment shall become effective, the said4appointment must be approved by the County Commission and if5the same is disapproved the said appointment shall be void. In6the event such appointment shall be disapproved by the County7Commission the appointment shall forthwith become null and8void and thereupon the County Manager shall make a new9appointment or appointments, each of which shall likewise be10submitted for approval by the County Commission. However, the11right to suspend, remove or discharge any department head with12or without cause, is reserved at all times to the County13Manager.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 4.043.05. RESTRICTIONONREGARDING OFFICE OF 22 COMPTROLLERCOMMISSION 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 File original & 9 copies 02/07/02 hca0003 09:17 am 01069-lgva-773161HOUSE 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. Neither4the Mayor nor any Commissioner shall direct or request the5appointment of any person to, or his or her removal from,6office by the Manager or any of the Manager's subordinates, or7take part in the appointment or removal of officers and8employees in the administrative services of the county. Except9for the purpose of inquiry, as provided in Section 1.01A(20),10the Mayor and Commissioners shall deal with the administrative11service solely through the Manager and neither the Mayor nor12any Commissioner shall give orders to any subordinates of the13Manager, either publicly or privately. Any willful violation14of the provisions of this Section by the Mayor or any15Commissioner shall be grounds for his or her removal from16office by an action brought in the Circuit Court by the State17Attorney 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 - 5427 28 ADMINISTRATIVE ORGANIZATION AND PROCEDURE 29 SECTION 5.014.01. OFFICES OF THE DEPUTY COUNTY MAYORS 30DEPARTMENTS. The County Administration shall be organized into 31 five service offices each headed by a Deputy County Mayor. 29 File original & 9 copies 02/07/02 hca0003 09:17 am 01069-lgva-773161HOUSE 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 File original & 9 copies 02/07/02 hca0003 09:17 am 01069-lgva-773161 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 File original & 9 copies 02/07/02 hca0003 09:17 am 01069-lgva-773161 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,7planning, law, and such other departments as may be8established by administrative order of the Manager. All9functions not otherwise specifically assigned to others by10this Charter shall be performed under the supervision of the11Manager.12 SECTION 5.024.02. ADMINISTRATIVE PROCEDURE. 13 The County MayorManagershall 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 MayorManagershall 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 5.034.03. FINANCIAL PLANNINGADMINISTRATION. 24 A. The Executive Office of the County Mayor shall be 25 responsible for thedepartment of finance shall be headed by a26finance director appointed by the Manager. The finance27director shall have charge of thefinancial administration 28affairsof the county. 29B. On or before the date established by law, the30Manager shall recommend to the Board a proposed budget31presenting a complete financial plan, including capital and32 File original & 9 copies 02/07/02 hca0003 09:17 am 01069-lgva-773161HOUSE AMENDMENT Bill No. HB 1069 Amendment No. 1 (for drafter's use only) 1 operating budgets, for the ensuing fiscal year. A summary of2the budget shall be published and the Board shall hold3hearings 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 countyBoard. The Board, upon written 26 recommendation of the County ComptrollerManager, 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 File original & 9 copies 02/07/02 hca0003 09:17 am 01069-lgva-773161HOUSE 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 personalspecialfinancial 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 ComptrollerBoardshall provide for an audit by an independent 15 certified public accountant designated by the County 16 ComptrollerBoardof the accounts and finances of the county 17 for the fiscal year just completed. 18H. The Budget Commission created by Chapter 21874,19Laws of Florida,1943, is hereby abolished, and Chapter 2187420shall no longer be of any effect.21 SECTION 5.044.04. 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 MayorManagernot 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 File original & 9 copies 02/07/02 hca0003 09:17 am 01069-lgva-773161HOUSE 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 SERVICEDEPARTMENT OF17PERSONNEL. 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. 25B. The County Manager shall appoint a personnel26director who shall head the department of personnel and whose27duty it shall be to administer the personnel and civil service28programs and the rules governing them. The standards of such29programs shall not be less than those prevailing at the time30of the effective date of this Charter.31 B.C.Except as provided herein, Chapter 30255, 35 File original & 9 copies 02/07/02 hca0003 09:17 am 01069-lgva-773161HOUSE 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 36 File original & 9 copies 02/07/02 hca0003 09:17 am 01069-lgva-773161HOUSE 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 5.064.06. OFFICE OF COUNTY ATTORNEY 12DEPARTMENT 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 16department of law. The County AttorneyHeshall devotehis17 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 Attorneyhim. 21 With the approval of the Board, the County Attorneyhemay 22 appoint such assistants as may be necessary in order that the 23hisduties of the County Attorney may be performed properly. 24 The Board may employ special counsel for specific needs. 25 SECTION 5.074.07. DEMOGRAPHIC, POLICY, ANDDEPARTMENT26OFPLANNING. 27The department of planning shall be headed by a28planning director appointed by the County Manager. The29planning director shall be qualified in the field of planning30by special training and experience.Under the supervision of 31 the County MayorManagerand with the advice of the Planning 37 File original & 9 copies 02/07/02 hca0003 09:17 am 01069-lgva-773161HOUSE 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 directorshall 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 5.084.08. 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 38 File original & 9 copies 02/07/02 hca0003 09:17 am 01069-lgva-773161HOUSE 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 MiamiWater 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-DadeDadeCounty 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 - 6520 21 MUNICIPALITIES 22 SECTION 6.015.01. 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 6.025.02. MUNICIPAL POWERS. 31 Each municipality shall have the authority to exercise 39 File original & 9 copies 02/07/02 hca0003 09:17 am 01069-lgva-773161HOUSE 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 6.045.04, 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 6.045.04. CHANGES IN MUNICIPAL BOUNDARIES. 29 A. The Office of Deputy County Mayor of Planning and 30 Infrastructuredirectorshall study municipal boundaries with 31 a view to recommending their orderly adjustment, improvement, 40 File original & 9 copies 02/07/02 hca0003 09:17 am 01069-lgva-773161HOUSE 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 6.035.03. 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 41 File original & 9 copies 02/07/02 hca0003 09:17 am 01069-lgva-773161HOUSE 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 6.075.07. FRANCHISE AND UTILITY TAXES. 16 Revenues realized from franchise and utility taxes 17 imposed by municipalities shall belong to municipalities. 18 19 ARTICLE - 7620 21 PARKS, AQUATIC PRESERVES, AND PRESERVATION LANDS 22Note: This Article does not apply to municipal property23in Coral Gables, Hialeah, Hialeah Gardens, Miami, Sweetwater24and West Miami. See Section 6.04.25 SECTION 7.016.01. 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 42 File original & 9 copies 02/07/02 hca0003 09:17 am 01069-lgva-773161HOUSE 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 43 File original & 9 copies 02/07/02 hca0003 09:17 am 01069-lgva-773161HOUSE 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 44 File original & 9 copies 02/07/02 hca0003 09:17 am 01069-lgva-773161 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 45 File original & 9 copies 02/07/02 hca0003 09:17 am 01069-lgva-773161 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 46 File original & 9 copies 02/07/02 hca0003 09:17 am 01069-lgva-773161HOUSE 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, provided8that if this Article was not favorably voted upon by a9majority of the voters voting in any municipality at the time10of the adoption of this Article the municipal parks of such11municipality shall be excluded from the provisions of this12Article. 13 14 ARTICLE - 8715 16 INITIATIVE, REFERENDUM, AND RECALL 17 SECTION 8.017.01. 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 47 File original & 9 copies 02/07/02 hca0003 09:17 am 01069-lgva-773161HOUSE 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 copy7of the petition shall attach to it a sworn affidavit stating8the number of signers and the fact that each signature was9made 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 48 File original & 9 copies 02/07/02 hca0003 09:17 am 01069-lgva-773161HOUSE 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 MayorSheriff or any Constablemay be removed from 28 office by the electors of the county, district, or 29 municipality by which the officeholderhewas chosen. The 30 procedure on a recall petition shall be identical with that 31 for an initiatory or referendary petition, except that: 49 File original & 9 copies 02/07/02 hca0003 09:17 am 01069-lgva-773161HOUSE 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 of28Sheriff or Constables shall be filled for the remaining term29by appointment by the Board of County Commissioners, or the30Board may require the office to be filled at the next regular31election or at a special election called for that purpose.50 File original & 9 copies 02/07/02 hca0003 09:17 am 01069-lgva-773161HOUSE AMENDMENT Bill No. HB 1069 Amendment No. 1 (for drafter's use only) 1 2 ARTICLE - 9 83 4 GENERAL PROVISIONS 5 SECTION 9.018.01. 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 MayorManagerwho 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 AppraiserAssessor of Taxes, County Tax Collector, County 14 Surveyor, and County Purchasing Agent, and County Supervisor15of Registration. 16 B. The County MayorManagermay delegate to suitable 17 persons the powers and functions of such officers, provided18however that until the term of office for which they were19elected shall terminate the County Assessor of Taxes, the20County Tax Collector, the County Supervisor of Registration,21and the County Purchasing Agent shall each if he so desires22remain in his position and receive the same salary as23presently provided for by statute. 24C. In the event that other elective officers are25abolished by the Board, the Board shall provide that any26person duly elected to such office shall if he so desires27remain in the same or similar position and receive the same28salary for the remainder of the term for which he was elected,29and shall provide for the continuation of all duties and30functions of these offices required under the Constitution and31general laws.51 File original & 9 copies 02/07/02 hca0003 09:17 am 01069-lgva-773161HOUSE AMENDMENT Bill No. HB 1069 Amendment No. 1 (for drafter's use only) 1 C. D.On said dateNovember 9, 1966, the Office of 2 Director of Public SafetySheriffis hereby abolished and the 3 powers and functions of such office are hereby transferred to 4 the County MayorManager, 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 MayorManagermay delegate to a suitable 8 person or persons the powers and functions of such officer. 9Section 1.01A(19)(a) of this Charter is amended by deleting10the 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 9.028.02. RESERVED. 24 SECTION 9.038.03. TORT LIABILITY. 25The county shall be liable in actions of tort to the26same extent that municipalities in the State of Florida are27liable 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 52 File original & 9 copies 02/07/02 hca0003 09:17 am 01069-lgva-773161HOUSE 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 held4unconstitutional in Kaulakisv. Boyd, Fla. 1962, 138 So.2d 505.5 SECTION 9.048.04. 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 9.058.05. 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 9.068.06. EFFECT OF THE CHARTER. 23A.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. 31B. Nothing in this Charter shall be construed to limit53 File original & 9 copies 02/07/02 hca0003 09:17 am 01069-lgva-773161HOUSE AMENDMENT Bill No. HB 1069 Amendment No. 1 (for drafter's use only) 1 or restrict the power and jurisdiction of the Florida Railroad2and Public Utilities Commission.3 SECTION 9.078.07. 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 9.088.08. 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 54 File original & 9 copies 02/07/02 hca0003 09:17 am 01069-lgva-773161HOUSE 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 9.098.09. 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. 13 14 ARTICLE - 10915 16 NAME OF COUNTY 17 SECTION 10.019.01. 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 55 File original & 9 copies 02/07/02 hca0003 09:17 am 01069-lgva-773161HOUSE 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. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 56 File original & 9 copies 02/07/02 hca0003 09:17 am 01069-lgva-773161