House Bill hb1069

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    Florida House of Representatives - 2002                HB 1069

        By Representative Lacasa






  1                      A bill to be entitled

  2         An act relating to the Miami-Dade County Home

  3         Rule Charter; amending the Miami-Dade County

  4         Home Rule Charter; providing additional powers

  5         of the Board of County Commissioners;

  6         specifying thirteen County Commission

  7         districts; requiring the Board to adopt certain

  8         reapportionment plan development procedures;

  9         providing for salaries of County Commissioners;

10         providing for an acting County Mayor under

11         certain circumstances; providing requirements;

12         specifying powers and duties of the County

13         Commission; creating the office of County

14         Mayor; providing for election of the County

15         Mayor; specifying powers and responsibilities

16         of the County Mayor; providing for Deputy

17         County Mayors; requiring the County Commission

18         to annually appropriate funds to the Executive

19         Office of the County Mayor for certain

20         purposes; revising provisions for election and

21         terms of County Commissioners; providing for

22         nonpartisan election of a County Supervisor of

23         Elections; providing for powers and duties of

24         the County Supervisor of Elections; providing

25         for disqualification of certain persons to vote

26         or hold office; specifying term limits for

27         County Mayor and County Commissioners;

28         providing for a County Comptroller; providing

29         for functions, qualifications, powers, and

30         duties of the County Comptroller; specifying

31         restrictions relating to the Office of the

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  1         County Comptroller; revising the administrative

  2         organization and procedures of the county;

  3         specifying service offices associated with

  4         Deputy County Mayors; specifying departments

  5         within such service offices; providing for

  6         financial planning by the Executive Office of

  7         the County Mayor; providing requirements;

  8         providing for county civil service; providing

  9         for the Office of County Attorney; providing

10         for demographic, policy, and planning

11         functions; abolishing the office of County

12         Manager and transferring to the County Mayor

13         the powers, duties, functions, and

14         responsibilities of the County Manager;

15         revising certain other provisions to conform;

16         providing a contingent effective date.

17

18  Be It Enacted by the Legislature of the State of Florida:

19

20         Section 1.  The Miami-Dade County Home Rule Charter is

21  amended to read:

22

23             MIAMI-DADE DADE COUNTY HOME RULE CHARTER

24

25                             PREAMBLE

26

27         We, the people of this County, in order to secure for

28  ourselves the benefits and responsibilities of home rule, to

29  create a metropolitan government to serve our present and

30  future needs, and to endow our municipalities with the rights

31

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  1  of self determination in their local affairs, do under God

  2  adopt this home rule Charter.

  3

  4                     CITIZENS' BILL OF RIGHTS

  5

  6         A.  This government has been created to protect the

  7  governed, not the governing. In order to provide the public

  8  with full and accurate information, to promote efficient

  9  administrative management, to make government more

10  accountable, and to insure to all persons fair and equitable

11  treatment, the following rights are guaranteed:

12         1.  Convenient Access.  Every person has the right to

13  transact business with the County and the municipalities with

14  a minimum of personal inconvenience. It shall be the duty of

15  the County Manager and the Commission, the County Mayor, the

16  County Comptroller, and the Supervisor of Elections to

17  provide, within the County's budget limitations, reasonably

18  convenient times and places for registration and voting, for

19  required inspections, and for transacting business with the

20  County.

21         2.  Truth in Government.  No County or municipal

22  official or employee shall knowingly furnish false information

23  on any public matter, nor knowingly omit significant facts

24  when giving requested information to members of the public.

25         3.  Public Records.  All audits, reports, minutes,

26  documents and other public records of the County and the

27  municipalities and their boards, agencies, departments and

28  authorities shall be open for inspection at reasonable times

29  and places convenient to the public.

30         4.  Minutes and Ordinance Register.  The Clerk of the

31  Commission and of each municipal council shall maintain and

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  1  make available for public inspection an ordinance register

  2  separate from the minutes showing the votes of each member on

  3  all ordinances and resolutions listed by descriptive title.

  4  Written minutes of all meetings and the ordinance register

  5  shall be available for public inspection not later than 30

  6  days after the conclusion of the meeting.

  7         5.  Right to be Heard.  So far as the orderly conduct

  8  of public business permits, any interested person has the

  9  right to appear before the Commission or any municipal council

10  or any County or municipal agency, board or department for the

11  presentation, adjustment or determination of an issue, request

12  or controversy within the jurisdiction of the governmental

13  entity involved. Matters shall be scheduled for the

14  convenience of the public, and the agenda shall be divided

15  into approximate time periods so that the public may know

16  approximately when a matter will be heard. Nothing herein

17  shall prohibit any governmental entity or agency from imposing

18  reasonable time limits for the presentation of a matter.

19         6.  Right to Notice.  Persons entitled to notice of a

20  County or municipal hearing shall be timely informed as to the

21  time, place and nature of the hearing and the legal authority

22  pursuant to which the hearing is to be held. Failure by an

23  individual to receive such notice shall not constitute

24  mandatory grounds for cancelling the hearing or rendering

25  invalid any determination made at such hearing. Copies of

26  proposed ordinances or resolutions shall be made available at

27  a reasonable time prior to the hearing, unless the matter

28  involves an emergency ordinance or resolution.

29         7.  No Unreasonable Postponements.  No matter once

30  having been placed on a formal agenda by the County or any

31  municipality shall be postponed to another day except for good

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  1  cause shown in the opinion of the County Commission, the

  2  municipal council or other governmental entity or agency

  3  conducting such meeting, and then only on condition that any

  4  person so requesting is mailed adequate notice of the new date

  5  of any postponed meeting. Failure by an individual to receive

  6  such notice shall not constitute mandatory grounds for

  7  cancelling the hearing or rendering invalid any determination

  8  made at such hearing.

  9         8.  Right to Public Hearing.  Upon a timely request of

10  any interested party a public hearing shall be held by any

11  County or municipal agency, board, department or authority

12  upon any significant policy decision to be issued by it which

13  is not subject to subsequent administrative or legislative

14  review and hearing. This provision shall not apply to the Law

15  Department of the County or of any municipality, not to any

16  body whose duties and responsibilities are solely advisory. At

17  any zoning or other hearing in which review is exclusively by

18  certiorari, a party or his counsel shall be entitled to

19  present his case or defense by oral or documentary evidence,

20  to submit rebuttal evidence, and to conduct such

21  cross-examination as may be required for a full and true

22  disclosure of the facts. The decision of any such agency,

23  board, department or authority must be based upon the facts in

24  the record. Procedural rules establishing reasonable time and

25  other limitations may be promulgated and amended from time to

26  time.

27         9.  Notice of Actions and Reasons.  Prompt notice shall

28  be given of the denial in whole or in part of a request of an

29  interested person made in connection with any County or

30  municipal administrative decision or proceeding when the

31  decision is reserved at the conclusion of the hearing. The

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  1  notice shall be accompanied by a statement of the grounds for

  2  denial.

  3         10.  County Comptroller's Managers' and Attorneys'

  4  Reports.  The County Comptroller Manager and County Attorney

  5  and each City Manager and City Attorney shall periodically

  6  make a public status report on all major matters pending or

  7  concluded within their respective jurisdictions.

  8         11.  Budgeting.  In addition to any budget required by

  9  state statute, The County Mayor Manager shall prepare and

10  present a legislative budget request to the Board of County

11  Commissioners. The Board of County Commissioners, with the

12  assistance of the Commission Budget Office, shall review and

13  prepare a revised budget showing the projected cost of each

14  program for each budget year taking into consideration the

15  County Mayor's legislative budget request. Prior to the County

16  Commission's first public hearing on the proposed budget

17  required by state law, the County Commission Manager shall

18  make public a budget summary setting forth the proposed cost

19  of each individual program and reflecting all major proposed

20  increases and decreases in funds and personnel for each

21  program, the purposes therefore, the estimated millage cost of

22  each program and the amount of any contingency and carryover

23  funds for each program. As a final step, the County Commission

24  shall adopt a County budget.

25         12.  Quarterly Budget Comparisons.  The Commission

26  Budget Office County Manager shall make public a quarterly

27  report showing the actual expenditures during the quarter just

28  ended against one quarter of the proposed annual expenditures

29  set forth in the budget. Such report shall also reflect the

30  same cumulative information for whatever portion of the fiscal

31  year that has elapsed.

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  1         13.  Adequate Audits.  An annual audit of the County

  2  and each municipality shall be made by an independent

  3  certified public accounting firm in accordance with generally

  4  accepted auditing standards. A summary of the results,

  5  including any deficiencies found, shall be made public. In

  6  making such audit, proprietary functions shall be audited

  7  separately and adequate depreciation on proprietary facilities

  8  shall be accrued so the public may determine the amount of any

  9  direct or indirect subsidy.

10         14.  Regional Offices.  Regional offices of the

11  County's administrative services shall be maintained at

12  locations in the County for the convenience of the residents.

13         15.  Financial Disclosure.  The Commission shall by

14  ordinance make provision for the filing under oath or

15  affirmation by all County and municipal elective officials,

16  candidates for County and municipal elective offices, such

17  employees as may be designated by ordinance, and such other

18  public officials, and outside consultants who receive funds

19  from the County or municipalities, within the County and who

20  may legally be included, of personal financial statements,

21  copies of personal Federal income tax returns, or itemized

22  source of income statements. Provision shall be made for

23  preparing and keeping such reports current from time to time,

24  and for public disclosure. The Commission shall also make

25  provision for the filing annually under oath of a report by

26  full-time County and municipal employees of all outside

27  employment and amounts received therefrom. The County Mayor

28  Manager or any other municipal chief executive officer City

29  Manager may require monthly reports from individual employees

30  or groups of employees for good cause.

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  1         16.  Representation of Public.  The Commission shall

  2  endeavor to provide representation at all proceedings

  3  significantly affecting the County and its residents before

  4  State and Federal regulatory bodies.

  5         17.  Commission on Ethics and Public Trust.  The County

  6  shall, by ordinance, establish an independent Commission on

  7  Ethics and Public Trust, comprised of five members, not

  8  appointed by the County Commission or the County Mayor, with

  9  the authority to review, interpret, render advisory opinions

10  and enforce the county and municipal code of ethics

11  ordinances, conflict of interest ordinances, lobbyist

12  registration and reporting ordinances, ethical campaign

13  practices ordinances, when enacted, and citizens' bill of

14  rights.

15         B.  The foregoing enumeration of citizens' rights vests

16  large and pervasive powers in the citizenry of Miami-Dade Dade

17  County. Such power necessarily carries with it responsibility

18  of equal magnitude for the successful operation of government

19  in the County. The orderly, efficient and fair operation of

20  government requires the intelligent participation of

21  individual citizens exercising their rights with dignity and

22  restraint so as to avoid any sweeping acceleration in the cost

23  of government because of the exercise of individual

24  prerogatives, and for individual citizens to grant respect for

25  the dignity of public office.

26         C.  Remedies for Violations.  In any suit by a citizen

27  alleging a violation of this Article filed in the Dade County

28  Circuit Court pursuant to its general equity jurisdiction, the

29  plaintiff, if successful, shall be entitled to recover costs

30  and reasonable attorney's fees, as fixed by the Court.  Any

31  public official or employee who is found by the Court to have

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  1  willfully violated this Article shall forthwith forfeit his

  2  office or employment.

  3         (D).  Construction. All provisions of this Article

  4  shall be construed to be supplementary to and not in conflict

  5  with the general laws of Florida. If any part of this Article

  6  shall be declared invalid, it shall not affect the validity of

  7  the remaining provisions.

  8

  9                           ARTICLE - 1

10

11                  BOARD OF COUNTY COMMISSIONERS

12         SECTION 1.01.  POWERS.

13         A.  The Board of County Commissioners shall be the

14  legislative and the governing body of the county and shall

15  have the power to carry on a central metropolitan government.

16  This power shall include but shall not be restricted to the

17  power to:

18         1.  Provide and regulate arterial, toll, and other

19  roads, bridges, tunnels, and related facilities; eliminate

20  grade crossings; provide and regulate parking facilities; and

21  develop and enforce master plans for the control of traffic

22  and parking.

23         2.  Provide and operate air, water, rail, and bus

24  terminals, port facilities, and public transportation systems.

25         3.  License and regulate taxis, jitneys, limousines for

26  hire, rental cars, and other passenger vehicles for hire

27  operating in the county.

28         4.  Provide central records, training, and

29  communications for fire and police protection; provide traffic

30  control and central crime investigation; provide fire

31  stations, jails, and related facilities; and subject to

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  1  Section 1.01A(18) provide a uniform system for fire and police

  2  protection.

  3         5.  Prepare and enforce comprehensive plans for the

  4  development of the county.

  5         6.  Provide hospitals and uniform health and welfare

  6  programs.

  7         7.  Provide parks, preserves, playgrounds, recreation

  8  areas, libraries, museums, and other recreational and cultural

  9  facilities and programs.

10         8.  Establish and administer housing, slum clearance,

11  urban renewal, conservation, flood and beach erosion control,

12  air pollution control, and drainage programs and cooperate

13  with governmental agencies and private enterprises in the

14  development and operation of these programs.

15         9.  Provide and regulate or permit municipalities to

16  provide and regulate waste and sewage collection and disposal

17  and water supply and conservation programs.

18         10.  Levy and collect taxes and special assessments,

19  borrow and expend money and issue bonds, revenue certificates,

20  and other obligations of indebtedness in such manner, and

21  subject to such limitations, as may be provided by law.

22         11.  By ordinance, establish, merge, and abolish

23  special purpose districts within which may be provided police

24  and fire protection, beach erosion control, recreation

25  facilities, water, streets, sidewalks, street lighting, waste

26  and sewage collection and disposal, drainage, and other

27  essential facilities and services. All county funds for such

28  districts shall be provided by service charges, special

29  assessments, or general tax levies within such districts only.

30  The Board of County Commissioners shall be the governing body

31  of all such districts and when acting as such governing body

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  1  shall have the same jurisdiction and powers as when acting as

  2  the Board; provided, however, the Board of County

  3  Commissioners shall not be the governing body of the

  4  Metro-Dade Fire and Rescue Service District established by

  5  Ordinance No. 80-86, but said Fire and Rescue Service District

  6  shall be governed by five members elected for initial terms of

  7  two years by the registered voters of the Metro-Dade Fire and

  8  Rescue Service District; provided further, however, that the

  9  governing board of the juvenile welfare special district shall

10  not be the Board of County Commissioners, but shall consist of

11  the superintendent of schools, a local school board member,

12  the district administrator of the Department of Health and

13  Rehabilitative Services, a member of the Board of County

14  Commissioners and five members appointed by the Governor.

15         12.  Establish, coordinate, and enforce zoning and such

16  business regulations as are necessary for the protection of

17  the public.

18         13.  Adopt and enforce uniform building and related

19  technical codes and regulations for both the incorporated and

20  unincorporated areas of the county; provide for examinations

21  for contractors and all parties engaged in the building trades

22  and for the issuance of certificates of competency and their

23  revocation after hearing. Such certificates shall be

24  recognized and required for the issuance of a license in all

25  municipalities in the county. No municipality shall be

26  entitled to require examinations or any additional certificate

27  of competency or impose any other conditions for the issuance

28  of a municipal license except the payment of the customary

29  fee. The municipality may issue building permits and conduct

30  the necessary inspections in accordance with the uniform codes

31  and charge fees therefor.

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  1         14.  Regulate, control, take over, and grant franchises

  2  to, or itself operate gas, light, power, telephone, and other

  3  utilities, sanitary and sewage collection and disposal

  4  systems, water supply, treatment, and service systems, and

  5  public transportation systems, provided, however, that:

  6         (a)  Franchises under this subsection may only be

  7  granted by a two-thirds vote of the members of the Board

  8  present and approved by a majority vote of those qualified

  9  electors voting at either a special or general election.

10         (b)  The county shall not operate a light, power, or

11  telephone utility to serve any territory in the county which

12  is being supplied with similar service except by a majority

13  vote of those qualified electors voting in an election held

14  not less than six months after the Board has passed an

15  ordinance to that effect by a two-thirds vote of the members

16  of the Board present. Such ordinance shall contain information

17  on cost, method of financing, agency to regulate rates, agency

18  to operate, location, and other information necessary to

19  inform the general public of the feasibility and

20  practicability of the proposed operation.

21         15.  Use public funds for the purposes of promoting the

22  development of the county, including advertising of the area's

23  advantages.

24         16.  Establish and enforce regulations for the sale of

25  alcoholic beverages in the unincorporated areas and approve

26  municipal regulations on hours of sale of alcoholic beverages.

27         17.  Enter into contracts with other governmental units

28  within or outside the boundaries of the county for joint

29  performance or performance by one unit in behalf of the other

30  of any authorized function.

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  1         18.  Set reasonable minimum standards for all

  2  governmental units in the county for the performance of any

  3  service or function. The standards shall not be discriminatory

  4  as between similar areas. If a governmental unit fails to

  5  comply with such standards, and does not correct such failure

  6  after reasonable notice by the Board, then the Board may take

  7  over and perform, regulate, or grant franchises to operate any

  8  such service. The Board may also take over and operate, or

  9  grant franchises to operate any municipal service if:

10         (a)  In an election called by the Board of County

11  Commissioners within the municipality a majority of those

12  voting vote in favor of turning the service over to the

13  county; or

14         (b)  The governing body of the municipality requests

15  the county to take over the service by a two-thirds vote of

16  its members, or by referendum.

17         19.  By ordinance, abolish or consolidate the office of

18  constables, or any county office created by the Legislature,

19  or provide for the consolidation and transfer of any of the

20  functions of such officers, provided, however, that there

21  shall be no power to abolish the Superintendent of Public

22  Instruction, or to abolish or impair the jurisdiction of the

23  Circuit Court or to abolish any other Court, provided by the

24  Constitution or by general law, or the judges or clerks

25  thereof.

26         20.  Make investigations of county affairs, inquire

27  into the conduct, accounts, records, and transactions of any

28  department or office of the county, and for these purposes

29  require reports from all county officers and employees,

30  subpoena witnesses, administer oaths, and require the

31  production of records.

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  1         21.  Exercise all powers and privileges granted to

  2  municipalities, counties, and county officers by the

  3  Constitution and laws of the state, and all powers not

  4  prohibited by the Constitution or by this Charter.

  5         22.  Adopt such ordinances and resolutions as may be

  6  required in the exercise of its powers, and prescribe fines

  7  and penalties for the violation of ordinances.

  8         23.  Perform any other acts consistent with law which

  9  are required by this Charter or which are in the common

10  interest of the people of the county.

11         24.  Supersede, nullify, or amend any special law

12  applying to this county, or any general law applying only to

13  this county, or any general law where specifically authorized

14  by the Constitution.

15         25.  By ordinance, establish a Commission Budget Office

16  with professional staff to assist the board with budgetary

17  planning and oversight authority.

18         26.  Consider and approve by majority vote persons

19  nominated by the County Mayor for the positions of Deputy

20  County Mayor and Chief of Police.

21         27.  Remove the County Comptroller for cause subject to

22  the County Commission's conducting a public hearing on the

23  matter.  An affirmative vote of not less than two-thirds of

24  those County Commissioners then in office shall be required to

25  remove the County Comptroller.

26         B.  No enumeration of powers in this Charter shall be

27  deemed exclusive or restrictive and the foregoing powers shall

28  be deemed to include all implied powers necessary and proper

29  to carrying out such powers. All of these powers may be

30  exercised in the incorporated and unincorporated areas,

31

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  1  subject to the procedures herein provided in certain cases

  2  relating to municipalities.

  3         C.  The Board shall have the power of eminent domain

  4  and the right to condemn property for public purposes. The

  5  Board shall make fair and just compensation for any properties

  6  acquired in the exercise of its powers, duties, or functions.

  7  The Board shall also provide for the acquisition or transfer

  8  of property, the payment, assumption, or other satisfaction of

  9  the debts, and the protection of pension rights of affected

10  employees of any governmental unit which is merged,

11  consolidated, or abolished or whose boundaries are changed or

12  functions or powers transferred.

13         D.  The Board shall be entitled to levy in the

14  unincorporated areas all taxes authorized to be levied by

15  municipalities and to receive from the state any revenues

16  collected in the unincorporated areas on the same basis as

17  municipalities.

18         SECTION 1.02.  RESOLUTIONS AND ORDINANCES.

19         A.  The Board shall adopt its own rules of procedure

20  and shall decide which actions of the Board shall be by

21  ordinance or resolution, except as otherwise provided in this

22  Charter and except that any action of the Board which provides

23  for raising revenue, appropriating funds, or incurring

24  indebtedness (other than refunding indebtedness), or which

25  provides a penalty or establishes a rule or regulation for the

26  violation of which a penalty is imposed shall be by ordinance.

27         B.  Every ordinance shall be introduced in writing and

28  shall contain a brief title. The enacting clause shall be "Be

29  it Ordained by the Board." After passage on first reading, a

30  short summary of the ordinance shall be published in a daily

31  newspaper of general circulation at least once together with a

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  1  notice of the time when and place where it will be given a

  2  public hearing and be considered for final passage. The first

  3  such publication shall be at least one week prior to the time

  4  advertised for hearing. No ordinance shall be declared invalid

  5  by reason of any defect in publication or title if the

  6  published summary gives reasonable notice of its intent.

  7         C.  At the time and place so advertised, or at any time

  8  and place to which such public hearing may from time to time

  9  be adjourned, the ordinance shall be read by title and a

10  public hearing shall be held. After the hearing, the Board may

11  pass the ordinance with or without amendment.

12         D.  The Board may adopt in whole or in part any

13  published code by reference as an ordinance in the manner

14  provided by law.

15         E.  The effective date of any ordinance shall be

16  prescribed therein, but the effective date shall not be

17  earlier than ten days after its enactment.

18         F.  To meet a public emergency affecting life, health,

19  property, or public safety the Board by two-thirds vote of the

20  members of the Board may adopt an emergency ordinance at the

21  meeting at which it is introduced, and may make it effective

22  immediately, except that no such ordinance may be used to levy

23  taxes, grant or extend a franchise, or authorize the borrowing

24  of money. After the adoption of an emergency ordinance, the

25  Board shall have it published in full within ten days in a

26  daily newspaper of general circulation.

27         G.  Each ordinance and resolution after adoption shall

28  be given a serial number and shall be entered by the clerk in

29  a properly indexed record kept for that purpose.

30         H.  Within two years after adoption of this Charter the

31  Board shall maintain have prepared a general codification of

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  1  all county ordinances and resolutions having the effect of

  2  law.  The general codification thus prepared shall be adopted

  3  by the Board in a single ordinance.  After adoption the Board

  4  shall have the codification printed immediately in an

  5  appropriate manner together with the Charter and such rules

  6  and regulations as the Board may direct.  Additions or

  7  amendments to the code shall be prepared, adopted, and printed

  8  at least every two years.

  9         SECTION 1.03. DISTRICTS.

10         A.  There shall be thirteen eight County Commission

11  districts. The initial boundaries of these districts shall be

12  as shown on the map attached as Exhibit A and made a par

13  thereof.

14         Note: There are thirteen County Commission districts.

15  Meek v. Metropolitan Dade County, 908 F.2d 1540 (11th Cir.

16  1990), opinion after remand, 985 F.2d 1471 (11th Cir.1993).

17         B.  The Board may by ordinance adopted by two-thirds

18  vote of the members of the Board change the boundaries of the

19  districts from time to time. The boundaries shall be fixed on

20  the basis of the character, population, and geography of the

21  districts.

22         C.  The Board of County Commissioners shall adopt

23  procedures for the development of reapportionment plans

24  similar to the standards used by the Florida Legislature.

25         SECTION 1.04.  COMPOSITION OF THE COMMISSION.

26         The Commission shall consist of thirteen nine members

27  elected as follows:

28         The qualified electors residing within each of the 13

29  districts shall elect From each of the eight districts there

30  shall be elected by the qualified electors of the county at

31  large a County Commissioner who shall be a qualified elector

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  1  residing within the district for at least 1 year six months

  2  and within the county at least three years before qualifying.

  3  Commencing with the election of Mayor in 1996, the Commission

  4  shall consist of eight members. Beginning with the state

  5  primary elections in 1968, the Mayor and each Commissioner

  6  shall be elected for a term of four years.

  7         Note: The Commission consists of thirteen members

  8  elected from districts. Meek v.

  9         Metropolitan Dade County, 908 F.2d 1540 (11th Cir.

10  1990), opinion after remand,985 F.2d 1471 (11th Cir. 1993).

11         SECTION 1.05.  FORFEITURE OF OFFICE.

12         C.  Any appointed official or employee of Dade County

13  who qualifies as a candidate for election to any federal,

14  state, county, or municipal office shall immediately take a

15  leave of absence from his or her county position until the

16  date of the election and shall, if elected, immediately

17  forfeit his or her county position. If the candidate is not

18  elected, he or she shall immediately be reinstated to his or

19  her former position.

20         SECTION 1.06.  SALARY.

21         Each member of the Board of County Commissioners

22  Commissioner shall be paid receive a salary the amount of

23  which shall be determined and established in accordance with

24  compensation prescribed for legislators of this state. Each

25  County Commissioner of $6,000 per year payable monthly and

26  shall be entitled to be reimbursed for such reasonable and

27  necessary expenses as may be approved by the Board.

28         SECTION 1.07.  VACANCIES.

29         A.  Any vacancy on in the office of Mayor or the other

30  members of the Board of County Commissioners, other than a

31  vacancy created by the expiration of a member's term, shall be

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  1  filled by majority vote of the remaining members of the Board

  2  within 30 days, or the Board shall call an election to be held

  3  not more than 45 days thereafter to fill the vacancy. The

  4  person chosen to fill the office vacated must at the time of

  5  appointment meet the residence requirements for the office to

  6  which such person is appointed. A person appointed shall serve

  7  only until the next county-wide election. A person elected

  8  shall serve for the remainder of the unexpired term of office.

  9  If a majority of the members of the Board should become

10  appointed rather than elected to office, then the Board shall

11  call an election to be held not more than 45 days thereafter

12  to permit the registered electors to elect commissioners to

13  succeed the appointed commissioners; appointed commissioners

14  may succeed themselves unless otherwise prohibited by the

15  Charter. If a county-wide election is scheduled to be held

16  within 180 days from the date on which the majority of the

17  members of the Board become appointive, the Board may elect to

18  defer the required election until the scheduled county-wide

19  election.

20         B.  Upon the creation of a vacancy in the Office of the

21  County Mayor, the Chairperson of the County Commission shall

22  be appointed by the Board as the Acting County Mayor until a

23  new County Mayor is selected by a special election. The

24  Vice-Chairperson of the County Commission shall assume the

25  Chairmanship on the Board as the interim Chairperson.  A

26  special election shall be held within 90 days to fill the

27  vacancy. If the Acting County Mayor chooses to run for County

28  Mayor, he or she shall relinquish his or her position as

29  Chairperson of the County Commission and a special election

30  shall be held for that Commission seat on the same date as the

31  special election for County Mayor.  If the Acting County Mayor

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  1  chooses not to run for County Mayor, he or she shall return to

  2  the position of Chairperson once a new County Mayor has been

  3  elected.

  4         SECTION 1.08.  ORGANIZATION OF THE COMMISSION.

  5         A.  Commencing with the election of Mayor in 1996, The

  6  County Mayor shall not be a member of the Commission. The

  7  County Commission shall elect a Chairperson and a

  8  Vice-Chairperson from its number by a majority vote. The

  9  Chairperson of the Commission shall serve as the presiding

10  officer of the legislative branch of county government for a

11  term of 2 years. The Chairperson, in addition to the powers

12  and duties provided elsewhere in this Charter, shall have the

13  specific powers and duties to:

14         (1)  Serve as the presiding officer of the Commission.

15         (2)  Sign ordinances, resolutions, and other

16  legislative documents for the Commission.

17         (3)  Schedule Commission meetings.

18         (4)  Preside over the committee charged with reviewing

19  nominations submitted by the County Mayor for the positions of

20  Deputy County Mayor and Chief of Police.

21         (5)  Establish, with the approval of the Commission,

22  standing committees and rules of procedure to govern Board

23  meetings.

24         (6)  Appoint the members of all standing committees and

25  the chairperson of each standing committee.

26

27  Such powers are not subject to veto by the County Mayor. The

28  Mayor shall be the presiding officer of the Commission with

29  the authority to designate another member of the Commission to

30  serve as presiding officer.

31

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  1         B.  The Clerk of the Circuit Court or a deputy shall

  2  serve as clerk of the County Commission. No action of the

  3  County Commission shall be taken except by a majority vote of

  4  those present at a meeting at which a majority of the County

  5  Commissioners then in office is present. All meetings shall be

  6  public. The County Commission shall organize its own structure

  7  and rules of procedure.

  8

  9                           ARTICLE - 2

10

11                           COUNTY MAYOR

12         SECTION 2.01 1.09.  ELECTION OF COUNTY MAYOR.

13         There shall be elected by the qualified electors of the

14  county at large a County Mayor who shall be a qualified

15  elector residing within the county at least three years before

16  qualifying. The County Mayor shall not serve as a member of

17  the Commission.

18         SECTION 2.02 1.10.  RESPONSIBILITIES OF THE COUNTY

19  MAYOR.

20         Commencing with the election of Mayor in 1996, The

21  County Mayor shall serve as head of the county government with

22  the following specific responsibilities:

23         A.  The County Mayor shall within ten days after of

24  final adoption by the County Commission, have veto authority

25  over any legislative, quasi-judicial, zoning, master plan or

26  land use decision of the County Commission, including the

27  budget or any particular component contained therein which was

28  approved by the County Commission; provided, however, that if

29  any revenue item is vetoed, an expenditure item in the same or

30  greater dollar amount must also be vetoed. The County

31  Commission may at its next regularly scheduled meeting after

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  1  the veto occurs, override that veto by a two-thirds vote of

  2  the Commissioners present.

  3         B.  When one person succeeds another in the position of

  4  County Mayor, the successor shall have the right to nominate

  5  persons for the position of Deputy County Mayor. There shall

  6  be five Deputy County Mayors: the Deputy County Mayor of

  7  Public Safety, the Deputy County Mayor of Planning and

  8  Infrastructure, the Deputy County Mayor of Transportation and

  9  Economic Development, the Deputy County Mayor of Human

10  Services, and the Deputy County Mayor of Governmental

11  Operations.  The five Deputy County Mayor nominees shall be

12  approved by a majority vote of the County Commission appoint

13  the Manager, subject to the approval within 14 days of a

14  majority of the Commissioners then in office. The Mayor shall

15  appoint the Manager, subject to the approval within 14 days of

16  a majority of the Commissioners then in office. The Mayor may

17  remove the Manager subject to the Commission's conducting a

18  hearing within 10 days of said removal and the Commission's

19  overriding the Mayor's action by a two-thirds vote of those

20  Commissioners then in office. Additionally, the Commission by

21  a two-thirds vote of those Commissioners then in office shall

22  be able to remove the Manager.

23         C.  All Deputy County Mayors shall serve at the

24  pleasure of the County Mayor. The Mayor shall appoint the

25  members of all standing committees and the chairperson and

26  vice-chairperson of each committee. There shall be as many

27  standing and special committees as deemed necessary by the

28  Mayor.

29         D.  The County Mayor shall prepare and submit an annual

30  legislative budget request to the County Commission deliver a

31  report on the state of the county to the people of the county

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  1  between November 1 and January 31 annually. Such report shall

  2  be prepared after consultation with the Commissioners and the

  3  Manager.

  4         E.  The County Mayor shall prepare and deliver a

  5  budgetary address annually to the people of the county between

  6  July 1 and September 30. Such report shall be prepared after

  7  consultation with the Manager and budget director.

  8         F.  Unless otherwise provided for by civil service

  9  rules and regulations, the County Mayor shall have the power

10  to appoint and suspend, remove, or discharge all

11  administrative department heads of the major departments

12  reporting to the County Mayor pursuant to section 5.01. The

13  right to suspend, remove, or discharge any department head,

14  with or without cause, is reserved at all times to the County

15  Mayor.

16         G.  The County Commission shall appropriate each fiscal

17  year to the Executive Office of the County Mayor sufficient

18  funds to support the following functions and operations:

19         (1)  Chief Administrative Officer.

20         (2)  Budget Director.

21         (3)  Chief Information Officer.

22         (4)  Press Secretary.

23         (5)  Intergovernmental Affairs Director.

24         (6)  Incorporation/Annexation Advisor.

25         (7)  General Counsel.

26

27                          ARTICLE - 3 2

28

29                            ELECTIONS

30         SECTION 3.01 2.01.  ELECTION AND COMMENCEMENT OF TERMS

31  OF COUNTY COMMISSIONERS.

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  1         A.  Unless otherwise provided in the Charter, beginning

  2  in 1976, the election of the Mayor and the County

  3  Commissioners from four County Commission districts to be

  4  selected by voluntary arrangement or by lot prior to June 1,

  5  1976 shall be held at the time of the state primary elections

  6  in 1976 and every four years thereafter at the same time. The

  7  County Commissioners from the other four County Commission

  8  districts shall also be elected in 1976 in the same manner,

  9  but only for two year terms; the election of County

10  Commissioners from these four County Commission districts will

11  be held again in 1978 and every four years thereafter at the

12  time of the state primary elections.

13         Note: The election of the County Commissioners from

14  even-numbered districts shall be held in 2002 1994 and every

15  four years thereafter and the election of County Commissioners

16  from odd-numbered districts shall be held in 2004 1996 and

17  every four years thereafter. Meek v. Metropolitan Dade County,

18  908 F.2d 1540 (11th Cir. 1990), opinion after remand, 985 F.2d

19  1471 (11th Cir. 1993).

20         B.  A candidate must receive a majority of the votes

21  cast to be elected. If no candidate receives a majority of the

22  votes cast there will be a runoff election at the time of the

23  state second primary election between the two candidates

24  receiving the highest number of votes. Should a tie result,

25  the outcome shall be determined by lot.

26         C.  Except as otherwise provided in this Charter, the

27  terms of office of the County Mayor and the other County

28  Commissioners shall commence on the second Tuesday next

29  succeeding the date provided for the state second primary

30  elections.

31

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  1         D.  Notwithstanding any other provision of this

  2  Charter, effective with the term of Mayor scheduled to

  3  commence in October, 1996, no person shall be elected as Mayor

  4  for more than two consecutive four-year terms. Neither service

  5  as Mayor or County Commissioner prior to the terms scheduled

  6  to commence in October, 1996, nor service of a partial term

  7  subsequent to October, 1996, shall be considered in applying

  8  the term limitation provisions of this section.

  9         SECTION 3.02 2.02.  SUPERVISOR OF ELECTIONS. RESERVED

10         There shall be a County Supervisor of Elections who

11  shall be elected by the electors of the county in a

12  nonpartisan election. The election and powers, duties, and

13  responsibilities of the County Supervisor of Elections shall

14  be as provided by general law.

15         SECTION 3.03 2.03.  NONPARTISAN ELECTIONS.

16         All elections for County Mayor and the other members of

17  the Board of County Commissioners shall be nonpartisan and no

18  ballot shall show the party designation of any candidate. No

19  candidate shall be required to pay any party assessment or

20  state the party of which he is a member or the manner in which

21  he voted or will vote in any election.

22         SECTION 3.04 2.04.  QUALIFICATIONS AND FILING FEE.

23         All candidates for the office of County Mayor or County

24  Commissioner shall qualify with the Clerk of the Circuit Court

25  no earlier than the 63rd day and no later than noon on the

26  49th day prior to the date of the election at which he is a

27  candidate in the method provided by law or ordinance, and

28  shall pay a filing fee of $300. All filing fees shall be paid

29  into the general funds of the county.

30         SECTION 3.05 2.05.  DISQUALIFICATIONS RESERVED.

31

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  1         A.  No person convicted of a felony, responsible for

  2  unpaid fines to the Florida Election Commission, or those

  3  mentally incompetent shall be qualified to vote or hold office

  4  until restoration of civil rights or removal of disability.

  5         B.  No person may appear for reelection as County Mayor

  6  or to the County Commission if, by the end of the current term

  7  of office, that person shall have served, or but for

  8  resignation would have served, in that office for 8

  9  consecutive years.

10         SECTION 3.06 2.06.  ADDITIONAL REGULATIONS AND STATE

11  LAWS.

12         A.  The Board may adopt by ordinance any additional

13  regulations governing elections not inconsistent with this

14  Charter.

15         B.  Except as otherwise provided by this Charter or by

16  ordinance adopted hereunder the provisions of the election

17  laws of this state shall apply to elections held under this

18  Charter.

19         SECTION 3.07 2.07.  CANVASSING ELECTIONS.

20         All elections under this Charter shall be canvassed by

21  the County Canvassing Board as provided under the election

22  laws of this state.

23

24                          ARTICLE - 4 3

25

26                  THE COUNTY COMPTROLLER MANAGER

27         SECTION 4.01 3.01.  FUNCTIONS.

28         The Office of County Comptroller shall provide

29  independent oversight of all contracts, bonding, and other

30  forms of financial obligations undertaken by the County.

31  Functions presently in the office of the Inspector General and

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  1  various audit units are vested in this office. The office

  2  shall provide for independent oversight of contract

  3  compliance. Such oversight shall provide a check on the

  4  effectiveness of the policy imperatives and administrative

  5  actions of the County Mayor and the County Commission. The

  6  County Commission shall fix the County Comptroller's

  7  compensation. Commencing with the election of Mayor in 1996,

  8  the Manager shall be the head of the administrative branch of

  9  the county government. The Commission shall fix the Manager's

10  compensation, and the Manager shall serve as provided in

11  Section 1.10.

12         SECTION 4.02 3.02.  QUALIFICATIONS.

13         A.  The candidate for the position of County

14  Comptroller shall be chosen on the basis of his or her

15  academic and administrative qualifications.  At the time of

16  the County Comptroller's appointment, the County Comptroller

17  need not be a resident of this state. Neither the County Mayor

18  nor any County Commissioner shall be eligible for the position

19  of County Comptroller during or within 2 years after the

20  expiration of their respective terms.

21         B.  The County Commission shall create a County

22  Comptroller Nominating Committee to interview candidates for

23  the position of County Comptroller and to make nominations for

24  County Comptroller to the full County Commission.  Each member

25  of the County Commission and the County Mayor shall appoint a

26  county resident to serve on the committee.  Elected county

27  officials, employees of the county, and registered lobbyists

28  are disqualified for appointment to the County Comptroller

29  Nominating Committee.  A vote of not less than 8 members of

30  the full County Commission shall be required to appoint the

31  County Comptroller.

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  1         Commencing with the election of  Mayor in 1996, the

  2  Manager shall be chosen on the basis of the Manager's

  3  executive and administrative qualifications. At the time of

  4  the Manager's appointment the Manager need not be a resident

  5  of the state. Neither the Mayor nor any Commissioner shall be

  6  eligible for the position of Manager during or within two

  7  years after the expiration of their respective terms.

  8         SECTION 3.03.  ABSENCE OF MANAGER.

  9         Commencing with the election of Mayor in 1996, the

10  Mayor, subject to the approval of the Commission, may

11  designate a qualified administrative officer of the county to

12  assume the duties and authority of the Manager during periods

13  of temporary absence or disability of the Manager.

14         SECTION 4.03 3.04.  POWERS AND DUTIES.

15         A.  The County Comptroller shall establish the Office

16  of the Auditor General and shall do all things necessary to

17  ensure contract and financial compliance with procurement

18  decisions made by the county and third parties in privity by

19  the County.  The County Comptroller shall have staff and

20  offices necessary for the execution of these responsibilities.

21  Commencing with the election of Mayor in 1996, the Manager

22  shall be responsible for the administration of all units of

23  the county government under the Manager's jurisdiction, and

24  for carrying out policies adopted by the Commission. The

25  Manager, or such other persons as may be designated by

26  resolution of the Commission, shall execute contracts and

27  other instruments, sign bonds and other evidences of

28  indebtedness, and accept process.

29         B.  The Office of the Inspector General shall be the

30  principal investigative arm within the Comptroller's Office.

31  The Office of Inspector General shall investigate alleged

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  1  violations of policy, procedures, and laws by officials,

  2  employees, or third parties in privity with the County. Unless

  3  otherwise provided for by civil service rules and regulations,

  4  the Manager shall have the power to appoint and suspend all

  5  administrative department heads of the major departments of

  6  the county, to-wit: Tax Collector, Tax Assessor, Department of

  7  Public Works, Department of Public Safety, Building and Zoning

  8  Department, Planning Department, Finance Department, Park and

  9  Recreation Department and Internal Auditing Department, except

10  that before any appointment shall become effective, the said

11  appointment must be approved by the County Commission and if

12  the same is disapproved the said appointment shall be void. In

13  the event such appointment shall be disapproved by the County

14  Commission the appointment shall forthwith become null and

15  void and thereupon the County Manager shall make a new

16  appointment or appointments, each of which shall likewise be

17  submitted for approval by the County Commission. However, the

18  right to suspend, remove or discharge any department head with

19  or without cause, is reserved at all times to the County

20  Manager.

21         C.  The County Comptroller shall be the County's

22  liaison to the Commission on Ethics and Public Trust and shall

23  be responsible for funding the operations and administration

24  of the Commission on Ethics and Public Trust.

25         D.  The County Comptroller shall submit a legislative

26  budget request delineating the resources needed to carry out

27  the functions mandated by the Charter.

28         SECTION 4.04 3.05.  RESTRICTION ON OFFICE OF

29  COMPTROLLER COMMISSION MEMBERS.

30         Neither the County Mayor nor any County Commissioner

31  shall direct or request the appointment of any person to, or

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  1  his or her removal from, office by the County Comptroller or

  2  any of the County Comptroller's subordinates.  Any willful

  3  violation of the provisions of this Section by the County

  4  Mayor or any County Commissioner shall be grounds for his or

  5  her removal from office by an action brought in the Circuit

  6  Court by the State Attorney of this County. Neither the Mayor

  7  nor any Commissioner shall direct or request the appointment

  8  of any person to, or his or her removal from, office by the

  9  Manager or any of the Manager's subordinates, or take part in

10  the appointment or removal of officers and employees in the

11  administrative services of the county. Except for the purpose

12  of inquiry, as provided in Section 1.01A(20), the Mayor and

13  Commissioners shall deal with the administrative service

14  solely through the Manager and neither the Mayor nor any

15  Commissioner shall give orders to any subordinates of the

16  Manager, either publicly or privately. Any willful violation

17  of the provisions of this Section by the Mayor or any

18  Commissioner shall be grounds for his or her removal from

19  office by an action brought in the Circuit Court by the State

20  Attorney of this county.

21

22                          ARTICLE - 5 4

23

24            ADMINISTRATIVE ORGANIZATION AND PROCEDURE

25         SECTION 5.01 4.01.  OFFICES OF THE DEPUTY COUNTY MAYORS

26  DEPARTMENTS. The County Administration shall be organized into

27  five service offices each headed by a Deputy County Mayor.

28  The County Mayor shall nominate a Deputy County Mayor for each

29  of the service offices of Public Safety, Planning and

30  Infrastructure, Transportation and Economic Development, Human

31  Services, and Governmental Operations.  A majority vote of the

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  1  County Commission shall be required for confirmation of any

  2  nominee for a Deputy County Mayor.  Each Deputy County Mayor

  3  shall have responsibility for a cluster of related

  4  departments. Initially, the departments within the five

  5  service offices shall be delineated as follows:

  6         A.  Within the Office of the Deputy County Mayor for

  7  Public Safety, the departments of:

  8         (1)  Corrections and Rehabilitation.

  9         (2)  Emergency Management.

10         (3)  Miami-Dade Fire Rescue.

11         (4)  Medical Examiner.

12         (5)  Miami-Dade Police.

13         (6)  Youth Crime Task Force.

14         (7)  Animal Control.

15         B.  Within the Office of Deputy County Mayor for

16  Planning and Infrastructure:

17         (1)  Department of Environmental Resources Management.

18         (2)  Office of Water Management.

19         (3)  Planning and Zoning.

20         (4)  Public Works.

21         (5)  Solid Waste.

22         (6)  Water and Sewer.

23         (7)  Building.

24         (8)  Capital Improvement Coordination.

25         (9)  Code Compliance.

26         (10)  Parks & Recreation.

27         C.  Within the Office of the Deputy County Mayor for

28  Transportation and Economic Development:

29         (1)  Beacon Council.

30         (2)  Chambers of Commerce.

31         (3)  Community & Economic Development.

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  1         (4)  Consumer Services.

  2         (5)  Empowerment Zone.

  3         (6)  Greater Miami Convention & Visitors Bureau.

  4         (7)  Metro-Miami Action Plan.

  5         (8)  Urban Revitalization Task Force.

  6         (9)  Aviation.

  7         (10)  Seaport.

  8         (11)  Transit.

  9         (12)  Miami-Dade Expressway Authority.

10         (13)  Metropolitan Planning Organization.

11         (14)  Business Development.

12         (15)  Tourist Development Council.

13         D.  Within the Office of the Deputy County Mayor for

14  Human Services:

15         (1)  Community Action Agencies.

16         (2)  Housing.

17         (3)  Community Relations Bureau.

18         (4)  Homeless Trust.

19         (5)  Housing Finance Authority.

20         (6)  Human Services.

21         (7)  Public Health Trust.

22         (8)  Training and Education.

23         E.  Within the Office of the Deputy County Mayor for

24  Governmental Operations:

25         (1)  Tax Collector.

26         (2)  Property Appraiser.

27         (3)  Team Metro.

28         (4)  Art in Public Places.

29         (5)  Cultural Affairs.

30         (6)  Libraries.

31         (7)  Museums.

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  1         (8)  Performing Arts.

  2         There shall be departments of finance, personnel,

  3  planning, law, and such other departments as may be

  4  established by administrative order of the Manager. All

  5  functions not otherwise specifically assigned to others by

  6  this Charter shall be performed under the supervision of the

  7  Manager.

  8         SECTION 5.02 4.02.  ADMINISTRATIVE PROCEDURE.

  9         The County Mayor Manager shall have the power to issue

10  and place into effect administrative orders, rules, and

11  regulations. The organization and operating procedure of

12  departments shall be set forth in administrative regulations

13  which the County Mayor Manager shall develop, place into

14  effect by administrative orders, and submit to the Board. The

15  Board may, by resolution, modify such orders, rules or

16  regulations providing, however, no such orders, rules or

17  regulations creating, merging, or combining departments, shall

18  become effective until approved by resolution of the Board.

19         SECTION 5.03 4.03.  FINANCIAL PLANNING ADMINISTRATION.

20         A.  The Executive Office of the County Mayor shall be

21  responsible for the department of finance shall be headed by a

22  finance director appointed by the Manager. The finance

23  director shall have charge of the financial administration

24  affairs of the county.

25         B.  On or before the date established by law, the

26  Manager shall recommend to the Board a proposed budget

27  presenting a complete financial plan, including capital and

28  operating budgets, for the ensuing fiscal year. A summary of

29  the budget shall be published and the Board shall hold

30  hearings on and adopt a budget.

31

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  1         B. C.  No money shall be drawn from the county treasury

  2  nor shall any obligation for the expenditure of money be

  3  incurred except pursuant to appropriation and except that the

  4  Board may establish working capital, revolving, pension, or

  5  trust funds and may provide that expenditures from such funds

  6  can be made without specific appropriation. The Board, by

  7  ordinance, may transfer any unencumbered appropriation

  8  balance, or any portion thereof, from one department, fund, or

  9  agency to another, subject to the provisions of ordinance. Any

10  portion of the earnings or balance of the several funds, other

11  than sinking funds for obligations not yet retired, may be

12  transferred to the general funds of the county by the Board.

13         C. D.  Contracts for public improvements and purchases

14  of supplies, materials, and services other than professional

15  shall be made whenever practicable on the basis of

16  specifications and competitive bids. Formal sealed bids shall

17  be secured by the procuring agent of the county for all such

18  contracts and purchases when the transaction involves more

19  than the minimum amount established by the Board of County

20  Commissioners by ordinance. The transaction shall be evidenced

21  by written contract submitted and approved by the procuring

22  agency of the county Board. The Board, upon written

23  recommendation of the County Comptroller Manager, may by

24  resolution adopted by two-thirds vote of the members present

25  waive competitive bidding when it finds this to be in the best

26  interest of the county. Any contract awarded on a no-bid basis

27  must be open for formal competitive bidding within 6 months

28  after the date of the award.

29         D. E.  Any county official or employee of the county

30  who has a personal special financial interest, direct or

31  indirect, in any action by the Board shall make known that

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  1  interest and shall refrain from voting upon or otherwise

  2  participating in such transaction. Willful violation of this

  3  Section shall constitute malfeasance in office, shall effect

  4  forfeiture of office or position, and render the transaction

  5  voidable by the Board.

  6         E. F.  Such officers and employees of the county as the

  7  Board may designate shall give bond in the amount and with the

  8  surety prescribed by the Board. The bond premiums shall be

  9  paid by the county.

10         F. G.  At the end of each fiscal year, the County

11  Comptroller Board shall provide for an audit by an independent

12  certified public accountant designated by the County

13  Comptroller Board of the accounts and finances of the county

14  for the fiscal year just completed.

15         H.  The Budget Commission created by Chapter 21874,

16  Laws of Florida,1943, is hereby abolished, and Chapter 21874

17  shall no longer be of any effect.

18         SECTION 5.04 4.04.  ASSESSMENT AND COLLECTION OF TAXES.

19         A.  Beginning with the tax year 1961, the county tax

20  rolls prepared by the county shall be the only legal tax rolls

21  in this county for the assessment and collection of county and

22  municipal taxes. Thereafter no municipality shall have an

23  assessor or prepare an ad valorem tax roll. Each municipality

24  shall continue to have the right to adopt its own budget, fix

25  its own millage, and levy its own taxes. Each municipality

26  shall certify its levies to the County Mayor Manager not later

27  than 30 days after the county tax rolls have been finally

28  approved by the Board. Any municipality may obtain a copy of

29  this tax roll upon payment of the cost of preparing such a

30  copy, and copies of the tax rolls shall be available for

31  public inspection at reasonable times. Maps showing the

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  1  assessed valuation of each parcel of property may be prepared

  2  and made available for sale to the public at a reasonable

  3  price.

  4         B.  All county and municipal taxes for the tax year

  5  beginning January 1, 1961, and all subsequent tax years, shall

  6  be collected by the county on one bill prepared and sent out

  7  by the county. The amounts of county and municipal taxes shall

  8  be shown as separate items, and may be paid separately.

  9         C.  Delinquent municipal taxes shall be collected in

10  the same manner as delinquent county taxes.

11         D.  All the tax revenues collected for any municipality

12  shall be returned monthly by the county to the municipality.

13         SECTION 5.05 4.05.  CIVIL SERVICE DEPARTMENT OF

14  PERSONNEL.

15         A.  The Board of County Commissioners shall establish

16  and maintain personnel and civil service, retirement, and

17  group insurance programs. The personnel system of the county

18  shall be based on merit principles in order to foster

19  effective career service in county employment and to employ

20  those persons best qualified for county services which they

21  are to perform.

22         B.  The County Manager shall appoint a personnel

23  director who shall head the department of personnel and whose

24  duty it shall be to administer the personnel and civil service

25  programs and the rules governing them. The standards of such

26  programs shall not be less than those prevailing at the time

27  of the effective date of this Charter.

28         B. C.  Except as provided herein, Chapter 30255,

29  General Laws, 1955, as it exists on the effective date of this

30  Charter, shall remain in effect until amended or changed by

31  ordinance of the Board of County Commissioners adopted by

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  1  two-thirds vote of the members present after recommendation

  2  from either the Personnel Advisory Board or the County Mayor

  3  Manager.

  4         C. D.  Employees of municipalities who, by merger,

  5  transfer, or assignment of governmental units or functions

  6  become county employees, shall not lose the civil service

  7  rights or privileges which have accrued to them during their

  8  period of employment with such municipality, and the county

  9  shall use its best efforts to employ these employees within

10  the limits of their capabilities. However, if because of the

11  merger of a department or division of a municipality with the

12  county, all of the employees of such department or division

13  are unable to be employed by the county either because of lack

14  of funds or lack of work, the employee possessing the greater

15  amount of service shall be retained in accordance with civil

16  service rules and regulations. Those employees who are not

17  retained shall be placed on a priority list for employment by

18  the county subject to seniority. Any non-retained employee

19  shall have the option, if a vacancy occurs or exists in

20  another department, and if he is qualified to render the

21  service required, to either accept such employment or remain

22  on the priority list until such time as employment shall be

23  available for him in his own or similar classification.

24         D. E.  The pension plan presently provided by the state

25  for county employees shall not be impaired by the Board.

26  Employees of municipalities, who by merger, transfer, or

27  assignment of governmental units or functions become county

28  employees shall not lose their pension rights, or any reserves

29  accrued to their benefit during their period of employment

30  with such municipality. The Board of County Commissioners

31  shall provide a method by which these employees' rights and

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  1  reserves shall be protected, and these employees shall

  2  continue until retirement, dismissal, or death in a pension

  3  status no less beneficial than the status held by them at the

  4  time of merger or assignment.

  5         E F.  The Board of County Commissioners shall provide

  6  and place into effect a practical group insurance plan for all

  7  county employees.

  8         SECTION 5.06 4.06.  OFFICE OF COUNTY ATTORNEY

  9  DEPARTMENT OF LAW.

10         There shall be a county attorney appointed by the Board

11  of County Commissioners who shall serve at the will of the

12  Board and who shall head the Office of County Attorney

13  department of law. The County Attorney He shall devote his

14  full time to the service of the county and shall serve as

15  legal counsel to the Board, Manager, and all county

16  departments, offices, and agencies, and perform such other

17  legal duties as may be assigned to the County Attorney him.

18  With the approval of the Board, the County Attorney he may

19  appoint such assistants as may be necessary in order that the

20  his duties of the County Attorney may be performed properly.

21  The Board may employ special counsel for specific needs.

22         SECTION 5.07 4.07.  DEMOGRAPHIC, POLICY, AND DEPARTMENT

23  OF PLANNING.

24         The department of planning shall be headed by a

25  planning director appointed by the County Manager. The

26  planning director shall be qualified in the field of planning

27  by special training and experience. Under the supervision of

28  the County Mayor Manager and with the advice of the Planning

29  Advisory Board elsewhere provided for in this Charter, the

30  Office of Deputy County Mayor of Planning and Infrastructure

31  director shall among other things:

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  1         1.  Conduct studies of county population, land use,

  2  facilities, resources, and needs and other factors which

  3  influence the county's development, and on the basis of such

  4  studies prepare such official and other maps and reports as,

  5  taken together, constitute a master plan for the welfare,

  6  recreational, economic, and physical development of the

  7  county.

  8         2.  Prepare for review by the Planning Advisory Board,

  9  and for adoption by the Board of County Commissioners, zoning,

10  subdivision and related regulations for the unincorporated

11  areas of the county and minimum standards governing zoning,

12  subdivision, and related regulations for the municipalities;

13  and prepare recommendations to effectuate the master plan and

14  to coordinate the county's proposed capital improvements with

15  the master plan.

16         3.  Review the municipal systems of planning, zoning,

17  subdivision, and related regulations and make recommendations

18  thereon with a view of coordinating such municipal systems

19  with one another and with those of the county.

20         SECTION 5.08 4.08.  BOARDS.

21         A.  The Board of County Commissioners shall by

22  ordinance create a Planning Advisory Board, a Zoning Appeals

23  Board, and such other boards as it may deem necessary,

24  prescribing in each case the number, manner of appointment,

25  length of term, and advisory or quasi-judicial duties of

26  members of such boards, who shall serve without compensation

27  but who may be reimbursed for necessary expenses incurred in

28  official duties, as may be determined and approved by the

29  Board of County Commissioners.

30         B.  The Board of County Commissioners may by ordinance

31  provide for the expansion of the City of Miami Water and Sewer

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  1  Board to act as an agency county-wide in scope and authority,

  2  with the power to acquire, construct and operate water and

  3  sewer systems within the incorporated and the unincorporated

  4  areas of Dade County, which agency shall be known as the

  5  Miami-Dade Water and Sewer Authority. The Miami-Dade Water and

  6  Sewer Authority shall have the responsibility to develop and

  7  operate a county-wide water and sewer system for the purpose

  8  of providing potable water, sewage collection and disposal and

  9  water pollution abatement to the citizens of Dade County.

10         C.  Miami-Dade Dade County shall retain all its powers,

11  including but not limited to that of eminent domain, in

12  relation to the creation of a county-wide water and sewer

13  system, for the purpose of cooperating with the Miami-Dade

14  Water and Sewer Authority.

15

16                          ARTICLE - 6 5

17

18                          MUNICIPALITIES

19         SECTION 6.01 5.01.  CONTINUANCE OF MUNICIPALITIES.

20         The municipalities in the county shall remain in

21  existence so long as their electors desire. No municipality in

22  the county shall be abolished without approval of a majority

23  of its electors voting in an election called for that purpose.

24  The right of self determination in local affairs is reserved

25  and preserved to the municipalities except as otherwise

26  provided in this Charter.

27         SECTION 6.02 5.02.  MUNICIPAL POWERS.

28         Each municipality shall have the authority to exercise

29  all powers relating to its local affairs not inconsistent with

30  this Charter. Each municipality may provide for higher

31  standards of zoning, service, and regulation than those

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  1  provided by the Board of County Commissioners in order that

  2  its individual character and standards may be preserved for

  3  its citizens.

  4         SECTION 6.03 5.03.  MUNICIPAL CHARTERS.

  5         A.  Except as provided in Section 6.04 5.04, any

  6  municipality in the county may adopt, amend, or revoke a

  7  charter for its own government or abolish its existence in the

  8  following manner. Its governing body shall, within 120 days

  9  after adopting a resolution or after the certification of a

10  petition of ten percent of the qualified electors of the

11  municipality, draft or have drafted by a method determined by

12  municipal ordinance a proposed charter amendment, revocation,

13  or abolition which shall be submitted to the electors of the

14  municipalities. Unless an election occurs not less than 60 nor

15  more than 120 days after the draft is submitted, the proposal

16  shall be submitted at a special election within that time. The

17  governing body shall make copies of the proposal available to

18  the electors not less than 30 days before the election.

19  Alternative proposals may be submitted. Each proposal approved

20  by a majority of the electors voting on such proposal shall

21  become effective at the time fixed in the proposal.

22         B.  All municipal charters, amendments thereto, and

23  repeals thereof shall be filed with the Clerk of the Circuit

24  Court.

25         SECTION 6.04 5.04. CHANGES IN MUNICIPAL BOUNDARIES.

26         A.  The Office of Deputy County Mayor of Planning and

27  Infrastructure director shall study municipal boundaries with

28  a view to recommending their orderly adjustment, improvement,

29  and establishment. Proposed boundary changes may be initiated

30  by the Planning Advisory Board, the Board of County

31

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  1  Commissioners, the governing body of a municipality, or by a

  2  petition of any person or group concerned.

  3         B.  The Board of County Commissioners, after obtaining

  4  the approval of the municipal governing bodies concerned,

  5  after hearing the recommendations of the Planning Advisory

  6  Board, and after a public hearing, may by ordinance effect

  7  boundary changes, unless the change involves the annexation or

  8  separation of an area of which more than 250 residents are

  9  electors, in which case an affirmative vote of a majority of

10  those electors voting shall also be required. Upon any such

11  boundary change any conflicting boundaries set forth in the

12  charter of such municipality shall be considered amended.

13         C.  No municipal boundary shall be altered except as

14  provided by this Section.

15         SECTION 6.05 5.05.  CREATION OF NEW MUNICIPALITIES.

16         The Board of County Commissioners and only the Board

17  may authorize the creation of new municipalities in the

18  unincorporated areas of the county after hearing the

19  recommendations of the Planning Advisory Board, after a public

20  hearing, and after an affirmative vote of a majority of the

21  electors voting and residing within the proposed boundaries.

22  The Board of County Commissioners shall appoint a charter

23  commission, consisting of five electors residing within the

24  proposed boundaries, who shall propose a charter to be

25  submitted to the electors in the manner provided in Section

26  6.03 5.03. The new municipality shall have all the powers and

27  rights granted to or not withheld from municipalities by this

28  Charter and the Constitution and general laws of the State of

29  Florida. Notwithstanding any provision of this Charter to the

30  contrary, with regard to any municipality created after

31  September 1, 2000, the pre-agreed conditions between the

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  1  County and the prospective municipality which are included in

  2  the municipal charter may only be changed if approved by an

  3  affirmative vote of two-thirds of the members of the Board of

  4  County Commissioners then in office, prior to a vote of

  5  qualified municipal electors.

  6         SECTION 6.06 5.06.  CONTRACTS WITH OTHER UNITS OF

  7  GOVERNMENT.

  8         Every municipality in this county shall have the power

  9  to enter into contracts with other governmental units within

10  or outside the boundaries of the municipality or the county

11  for the joint performance or performance by one unit in behalf

12  of the other of any municipal function.

13         SECTION 6.07 5.07.  FRANCHISE AND UTILITY TAXES.

14         Revenues realized from franchise and utility taxes

15  imposed by municipalities shall belong to municipalities.

16

17                          ARTICLE - 7 6

18

19         PARKS, AQUATIC PRESERVES, AND PRESERVATION LANDS

20         Note: This Article does not apply to municipal property

21  in Coral Gables, Hialeah, Hialeah Gardens, Miami, Sweetwater

22  and West Miami. See Section 6.04.

23         SECTION 7.01 6.01.  POLICY.

24         Parks, aquatic preserves, and lands acquired by the

25  County for preservation shall be held in trust for the

26  education, pleasure, and recreation of the public and they

27  shall be used and maintained in a manner which will leave them

28  unimpaired for the enjoyment of future generations as a part

29  of the public's irreplaceable heritage. They shall be

30  protected from commercial development and exploitation and

31  their natural landscape, flora and fauna, and scenic beauties

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  1  shall be preserved. In lands acquired by the County for

  2  preservation and in parks along the Ocean or the Bay the

  3  public's access to and view of the water shall not be

  4  obstructed or impaired by buildings or other structures or

  5  concessions which are in excess of 1500 square feet each.

  6  Adequate maintenance shall be provided.

  7         SECTION 7.02 6.02.  RESTRICTIONS AND EXCEPTIONS.

  8         In furtherance of this policy parks shall be used for

  9  public park purposes only, and subject to the limited

10  exceptions set forth in this Article, there shall be no

11  permanent structures or private commercial advertising erected

12  in a public park or private commercial use of a public park or

13  renewals, expansions, or extensions of existing leases,

14  licenses, or concessions to private parties of public park

15  property, unless each such structure, lease, license, renewal,

16  expansion, extension, concession or use shall be approved by a

17  majority vote of the voters in a County-wide referendum.

18  Nothing in this Article shall prevent any contract with

19  federally tax-exempt not-for-profit youth, adult, and senior

20  cultural, conservation and parks and recreation program

21  providers. To ensure aquatic preserves, lands acquired by the

22  County for preservation, and public parks or parts thereof

23  which are nature preserves, beaches, natural forest areas,

24  historic or archeological areas, or otherwise possess unique

25  natural values in their present state, such as Matheson

26  Hammock, Greynolds Park, Redlands Fruit and Spice Park,

27  Castellow Hammock, Crandon Park, Trail Glades Park, Deering

28  Estate Park, Pine Shore Park, Old Cutler Hammock, Chapman

29  Field, Tamiami Pinelands, Wainright Park, Larry and Penny

30  Thompson Park, Whispering Pines Hammock, Mangrove Preserve,

31  Owaissa Bauer Park, Fuchs Hammock, Black Point Marina, Simpson

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  1  Park, Sewell Park, Barnes Park, Virginia Key, mangrove

  2  preserves, and all other natural or historical resource based

  3  parks do not lose their natural or historical values, any

  4  structure, lease, license, renewal, extension, concession or

  5  use in any of this class of public parks or in aquatic

  6  preserves and preservation lands must be approved by an

  7  affirmative vote of two-thirds of the voters in a County-wide

  8  referendum. No park shall be designed to be used beyond its

  9  appropriate carrying capacity and to the extent required by

10  law all parks and facilities and permitted special events and

11  concessions operating in the parks shall be fully accessible

12  to persons with disabilities. Nothing in this Article shall

13  prevent the maintenance of existing facilities, the

14  maintenance, operation, and renovation of existing golf course

15  and marina restaurants at their existing square footage by

16  government agencies or private operators, provided such

17  private operators are chosen as a result of competitive

18  selection and their initial contract terms are limited to no

19  more than ten years, or the construction, operation,

20  maintenance, and repair by government agencies or private

21  operators of or issuance of temporary permits for:

22         A.  Appropriate access roads, bridges, fences,

23  lighting, flag poles, entrance features, picnic shelters,

24  tables, grills, benches, irrigation systems, walls, erosion

25  control devices, utilities, trash removal, parking and

26  security and fire facilities for the primary use of the park

27  system;

28         B.  Food and concession facilities each not in excess

29  of 1500 square feet of enclosed space, with any complementary

30  outdoor or covered areas needed to service park patrons;

31

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  1         C.  User-participation non-spectator recreation and,

  2  playground facilities, golf courses and golf-course related

  3  facilities, and bandstands and bandshells containing less than

  4  1,000 spectator seats and athletic facilities, sports fields

  5  and arenas containing less than 3,000 spectator seats;

  6         D.  Facilities for marinas, sightseeing and fishing

  7  boats, visiting military vessels, and fishing;

  8         E.  Park signage and appropriate plaques and monuments;

  9         F.  Rest rooms;

10         G.  Fountains, gardens, and works of art;

11         H.  Park service facilities, senior, day care and

12  pre-school facilities, small nature centers with not more than

13  one classroom;

14         I.  Film permits, temporary fairs, art exhibits,

15  performing arts, concerts, cultural and historic exhibitions,

16  regattas, athletic contests and tournaments, none of which

17  require the erection of permanent structures;

18         J.  Advertising in connection with sponsorship of

19  events or facilities in the park, provided however all such

20  facilities and uses are compatible with the particular park

21  and are scheduled so that such events do not unreasonably

22  impair the public use of the park or damage the park.

23         K.  Programming partnerships with qualified federally

24  tax exempt not-for-profit youth, adult, and senior cultural,

25  conservation, and parks and recreation program providers;

26         L.  Agreements with cable, internet, telephone,

27  electric or similar service providers or utilities, so long as

28  any installations are underground or do not adversely impact

29  natural resources, or parks facilities and uses. No park

30  facilities, golf courses, or County lands acquired for

31  preservation shall be converted to or used for non-park

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  1  offices, purposes, or uses. The County, the municipalities,

  2  and agencies or groups receiving any public funding shall not

  3  expend any public money or provide any publicly funded

  4  services in kind to any project which does not comply with

  5  this Article. No building permit or certificate of occupancy

  6  shall be issued for any structure in violation of this

  7  Article. The restrictions applying to parks in this Article

  8  shall not apply to the Dade County Youth Fair site, Metro Zoo,

  9  Tamiami Stadium, Haulover Fishing Pier, the Dade County

10  Auditorium, the Museum of Science, the Gold Coast Railroad

11  Museum, Vizcaya Museum and Gardens, Trail Glade Range, the

12  Orange Bowl, the Commodore Ralph Munroe Marine Stadium, the

13  Seaquarium, Curtis Park track and stadium, Fairchild Tropical

14  Gardens, and mini and neighborhood parks except that no mini

15  or neighborhood park may be leased or disposed of unless a

16  majority of the residents residing in voting precincts any

17  part of which is within 1 mile of the park authorize such sale

18  or lease by majority vote in an election.

19         SECTION 7.03 6.03. ENFORCEMENT AND CONSTRUCTION.

20         All elections required by this Article shall be held

21  either in conjunction with state primary or general elections

22  or as part of bond issue elections. The provisions of this

23  Article may be enforced in the same manner as provided in

24  Section (C) of the Citizens' Bill of Rights of this Charter.

25  The provisions of this Article shall be liberally construed in

26  favor of the preservation of all park lands, aquatic

27  preserves, and preservation lands. If any provision of this

28  Article shall be declared invalid it shall not affect the

29  validity of the remaining provisions of this Article. This

30  Article shall not be construed to illegally impair any

31

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  1  previously existing valid written contractual commitments or

  2  bids or bonded indebtedness.

  3         SECTION 7.04 6.04.  JURISDICTION.

  4         Except as otherwise provided herein the provisions of

  5  this Article shall apply to all County and municipal parks,

  6  aquatic preserves, and lands acquired by the County for

  7  preservation now in existence or hereafter acquired, provided

  8  that if this Article was not favorably voted upon by a

  9  majority of the voters voting in any municipality at the time

10  of the adoption of this Article the municipal parks of such

11  municipality shall be excluded from the provisions of this

12  Article.

13

14                          ARTICLE - 8 7

15

16                INITIATIVE, REFERENDUM, AND RECALL

17         SECTION 8.01 7.01.  INITIATIVE AND REFERENDUM.

18         The electors of the county shall have the power to

19  propose to the Board of County Commissioners passage or repeal

20  of ordinances and to vote on the question if the Board refuses

21  action, according to the following procedure:

22         1.  The person proposing the exercise of this power

23  shall submit the proposal to the Board which shall without

24  delay approve as to form a petition for circulation in one or

25  several copies as the proposer may desire.

26         2.  The person or persons circulating the petition

27  shall, within 60 days of the approval of the form of the

28  petition, obtain the valid signatures of voters in the county

29  in numbers at least equal to four percent of the registered

30  voters in the county on the day on which the petition is

31  approved, according to the official records of the County

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  1  Supervisor of Elections. In determining the sufficiency of the

  2  petition, no more than 25 percent of the valid signatures

  3  required shall come from voters registered in any single

  4  county commission district. Each signer of a petition shall

  5  place thereon, after his name, the date, and his place of

  6  residence or precinct number. Each person circulating a copy

  7  of the petition shall attach to it a sworn affidavit stating

  8  the number of signers and the fact that each signature was

  9  made in the presence of the circulator of the petition.

10         3.  The signed petition shall be filed with the Board

11  which shall within 30 days order a canvass of the signatures

12  thereon to determine the sufficiency of the signatures. If the

13  number of signatures is insufficient or the petition is

14  deficient as to form or compliance with this Section, the

15  Board shall notify the person filing the petition that the

16  petition is insufficient and has failed.

17         4.  The Board shall within 30 days after the date a

18  sufficient petition is presented either:

19         (a)  Adopt the ordinance as submitted in an initiatory

20  petition or repeal the ordinance referred to by a referendary

21  petition, or

22         (b)  Submit the proposal to the electors in impartial

23  and concise language and in such manner as provides a clear

24  understanding of the proposal.

25         5.  If the Board determines to submit the proposal to

26  the electors, the election shall be held either:

27         (a)  In the next scheduled county-wide election, or

28         (b)  If the petition contains the valid signatures in

29  the county in numbers at least equal to eight percent of the

30  registered voters in the county, the election shall take place

31  within 120 days after the date the petition is presented to

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  1  the Board, preferably in an election already scheduled for

  2  other purposes, otherwise in a special election. The result

  3  shall be determined by a majority vote of the electors voting

  4  on the proposal.

  5         6.  An ordinance proposed by initiatory petition or the

  6  repeal of an ordinance by referendary petition shall be

  7  effective on the day after the election, except that:

  8         (a)  Any reduction or elimination of existing revenue

  9  or any increase in expenditures not provided for by the

10  current budget or by existing bond issues shall not take

11  effect until the beginning of the next succeeding fiscal year;

12  and

13         (b)  Rights accumulated under an ordinance between the

14  time a certified referendary petition against the ordinance is

15  presented to the Board and the repeal of the ordinance by the

16  voters, shall not be enforced against the county; and

17         (c)  Should two or more ordinances adopted at the same

18  election have conflicting provisions, the one receiving the

19  highest number of votes shall prevail as to those provisions.

20         7.  An ordinance adopted by the electorate through

21  initiatory proceedings shall not be amended or repealed by the

22  Board for a period of one year after the election at which it

23  was adopted, but thereafter it may be amended or repealed like

24  any other ordinance.

25         SECTION 8.02 7.02.  RECALL.

26         Any member of the Board of County Commissioners or the

27  County Mayor Sheriff or any Constable may be removed from

28  office by the electors of the county, district, or

29  municipality by which the officeholder he was chosen. The

30  procedure on a recall petition shall be identical with that

31  for an initiatory or referendary petition, except that:

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  1         1.  The Clerk of the Circuit Court shall approve the

  2  form of the petition.

  3         2.  The person or persons circulating the petition must

  4  obtain signatures of electors of the county, district, or

  5  municipality concerned in numbers at least equal to four

  6  percent of the registered voters in the county district or

  7  municipality on the day on which the petition is approved,

  8  according to the official records of the County Supervisor of

  9  Elections.

10         3.  The signed petition shall be filed with and

11  canvassed and certified by the Clerk of the Circuit Court.

12         4.  The Board of County Commissioners must provide for

13  a recall election not less than 45 nor more than 90 days after

14  the certification of the petition.

15         5.  The question of recall shall be placed on the

16  ballot in a manner that will give the elector a clear choice

17  for or against the recall. The result shall be determined by a

18  majority vote of the electors voting on the question.

19         6.  If the majority is against recall the officer shall

20  continue in office under the terms of his previous election.

21  If the majority is for recall he shall, regardless of any

22  defect in the recall petition, be deemed removed from office

23  immediately.

24         7.  No recall petition against such an officer shall be

25  certified within one year after he takes office nor within one

26  year after a recall petition against him is defeated.

27         8.  Any vacancy created by recall in the offices of

28  Sheriff or Constables shall be filled for the remaining term

29  by appointment by the Board of County Commissioners, or the

30  Board may require the office to be filled at the next regular

31  election or at a special election called for that purpose.

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  1

  2                          ARTICLE - 9 8

  3

  4                        GENERAL PROVISIONS

  5         SECTION 9.01 8.01.  ABOLITION OF CERTAIN OFFICES AND

  6  TRANSFER OF FUNCTIONS.

  7         A.  On (this date is to be established) May 1, 1958,

  8  the following offices are hereby abolished and the powers and

  9  functions of such offices are hereby transferred to the County

10  Mayor Manager who shall provide for the continuation of all

11  the duties and functions of these offices required under the

12  Constitution and general laws of this state: County Property

13  Appraiser Assessor of Taxes, County Tax Collector, County

14  Surveyor, and County Purchasing Agent, and County Supervisor

15  of Registration.

16         B.  The County Mayor Manager may delegate to suitable

17  persons the powers and functions of such officers, provided

18  however that until the term of office for which they were

19  elected shall terminate the County Assessor of Taxes, the

20  County Tax Collector, the County Supervisor of Registration,

21  and the County Purchasing Agent shall each if he so desires

22  remain in his position and receive the same salary as

23  presently provided for by statute.

24         C.  In the event that other elective officers are

25  abolished by the Board, the Board shall provide that any

26  person duly elected to such office shall if he so desires

27  remain in the same or similar position and receive the same

28  salary for the remainder of the term for which he was elected,

29  and shall provide for the continuation of all duties and

30  functions of these offices required under the Constitution and

31  general laws.

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  1         C. D.  On said date November 9, 1966, the Office of

  2  Director of Public Safety Sheriff is hereby abolished and the

  3  powers and functions of such office are hereby transferred to

  4  the County Mayor Manager, who shall provide for the

  5  continuation of all the duties and functions of this office

  6  required under the Constitution and general laws of this

  7  state. The County Mayor Manager may delegate to a suitable

  8  person or persons the powers and functions of such officer.

  9  Section 1.01A(19)(a) of this Charter is amended by deleting

10  the word "Sheriff" and subsections (b) and (c) are repealed.

11         D.  On said date, the Office of County Manager is

12  abolished and the powers and functions of such office are

13  hereby transferred to the County Mayor, except the duties and

14  functions of the Office of the County Comptroller listed under

15  Article 4.

16         E.  On said date, the Office of the County Supervisor

17  of Registration is abolished and the powers and functions of

18  such office are hereby transferred to the County Supervisor of

19  Elections who shall provide for the continuation of all the

20  duties and functions of such office required under the

21  Constitution and general laws of this state as provided in

22  Section 3.02.

23         SECTION 9.02 8.02.  RESERVED.

24         SECTION 9.03 8.03.  TORT LIABILITY.

25         The county shall be liable in actions of tort to the

26  same extent that municipalities in the State of Florida are

27  liable in actions in tort. However, No suit shall be

28  maintained against the county for damages to persons or

29  property or for wrongful death arising out of any tort unless

30  written notice of claim shall first have been given to the

31  county in the manner and within the time provided by

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  1  ordinance, except that the time fixed by ordinance for notice

  2  shall be not less than 30 days nor more than 120 days.

  3         Note: Waiver of County's tort immunity held

  4  unconstitutional in Kaulakisv. Boyd, Fla. 1962, 138 So.2d 505.

  5         SECTION 9.04 8.04.  SUPREMACY CLAUSE.

  6         A.  This Charter and the ordinances adopted hereunder

  7  shall in cases of conflict supersede all municipal charters

  8  and ordinances, except as herein provided, and where

  9  authorized by the Constitution, shall in cases of conflict

10  supersede all special and general laws of the state.

11         B.  All other special and general laws and county

12  ordinances and rules and regulations not inconsistent with

13  this Charter shall continue in effect until they are

14  superseded by ordinance adopted by the Board pursuant to this

15  Charter and the Constitution.

16         SECTION 9.05 8.05.  EXISTING FRANCHISES, CONTRACTS, AND

17  LICENSES.

18         All lawful franchises, contracts, and licenses in force

19  on the effective date of this Charter shall continue in effect

20  until terminated or modified in accordance with their terms or

21  in the manner provided by law or this Charter.

22         SECTION 9.06 8.06.  EFFECT OF THE CHARTER.

23         A.  This Charter shall be liberally construed in aid of

24  its declared purpose, which is to establish effective home

25  rule government in this county responsive to the people. If

26  any Article, Section, subsection, sentence, clause, or

27  provision of this Charter or the application thereof shall be

28  held invalid for any reason, the remainder of the Charter and

29  of any ordinances or regulations made thereunder shall remain

30  in full force and effect.

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  1         B.  Nothing in this Charter shall be construed to limit

  2  or restrict the power and jurisdiction of the Florida Railroad

  3  and Public Utilities Commission.

  4         SECTION 9.07 8.07.  AMENDMENTS.

  5         A.  Amendments to this Charter may be proposed by a

  6  resolution adopted by the Board of County Commissioners or by

  7  petition of electors numbering not less than ten percent of

  8  the total number of electors registered in Dade County at the

  9  time the petition is submitted to the Board. Initiatory

10  petitions shall be certified in the manner required for

11  initiatory petitions for an ordinance.

12         B.  Amendments to this Charter may be proposed by

13  initiatory petitions of electors biennially, only during even

14  numbered years in which state primary and general elections

15  are held. All elections on charter amendments proposed by

16  initiatory petitions shall be held in conjunction with state

17  primary or general elections, unless the Board of County

18  Commissioners shall determine to call a special election by

19  two-thirds vote of the entire membership.

20         C.  Amendments to this Charter may be proposed by the

21  Board of County Commissioners at any time. Elections on

22  charter amendments proposed by the Board shall be held not

23  less than 60 nor more than 120 days after the Board adopts a

24  resolution proposing any amendment.

25         D.  The result of all elections on charter amendments

26  shall be determined by a majority of the electors voting on

27  the proposed amendment.

28         SECTION 9.08 8.08.  REVISIONS.

29         At least once in every 5 year period the Board shall

30  review the Charter and determine whether or not there is a

31  need for revision. If the Board determines that a revision is

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  1  needed, it shall establish a procedure for the preparation of

  2  a proposed revision of the Charter. The proposed revision

  3  shall then be presented to the Board for review, modification

  4  and approval. If the Board approves such proposed revision,

  5  either with or without modification, it shall present such

  6  proposed revision to the electorate in accordance with the

  7  provisions of Section 9.07 8.07 (C) and (D). Simultaneous

  8  elections may be held on a proposed revision and on individual

  9  amendments that are proposed.

10         SECTION 9.09 8.09.  EFFECTIVE DATE.

11         This Charter shall become effective 60 days after it is

12  ratified by a majority of the qualified electors of the county

13  voting on the Charter.

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15                          ARTICLE - 10 9

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17                          NAME OF COUNTY

18         SECTION 10.01 9.01.  NAME OF COUNTY.

19         A.  The name of Dade County shall officially be changed

20  to Miami-Dade County and all references to Dade County in the

21  Florida Constitution, Florida Statutes, Code of Metropolitan

22  Dade County, federal law, case law and other legal documents,

23  shall be deemed to be references to Miami-Dade County.

24         B.  The Commission shall by ordinance provide a method

25  to implement the official name change.

26         Section 2.  This act shall take effect only upon

27  approval by a majority of the electors of Miami-Dade County

28  voting in a referendum on this act at the general election

29  held in November 2002 and only on the effective date of an

30  amendment to the State Constitution approved at the general

31  election held in November 2002 authorizing amendments or

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  1  revisions to the home rule charter of Miami-Dade County by

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