House Bill hb1069c1

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    Florida House of Representatives - 2002             CS/HB 1069

        By the Council for Smarter Government and Representatives
    Lacasa and Cantens





  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; limiting eligibility of

17         the County Mayor under certain circumstances;

18         providing for Deputy County Mayors; requiring

19         the County Commission to annually appropriate

20         funds to the Executive Office of the County

21         Mayor for certain purposes; revising provisions

22         for election and terms of County Commissioners;

23         providing for nonpartisan election of a County

24         Supervisor of Elections; providing for powers

25         and duties of the County Supervisor of

26         Elections; providing for disqualification of

27         certain persons to vote or hold office;

28         specifying term limits for County Mayor and

29         County Commissioners; providing for a County

30         Comptroller; providing for functions,

31         qualifications, powers, and duties of the

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  1         County Comptroller; specifying a term of office

  2         of the County Comptroller; specifying

  3         restrictions relating to the Office of the

  4         County Comptroller; providing for removal of

  5         the County Comptroller; revising the

  6         administrative organization and procedures of

  7         the county; specifying service offices

  8         associated with Deputy County Mayors;

  9         specifying departments within such service

10         offices; providing for financial planning by

11         the Executive Office of the County Mayor;

12         providing requirements; providing for county

13         civil service; providing for the Office of

14         County Attorney; providing for demographic,

15         policy, and planning functions; abolishing the

16         office of County Manager and transferring to

17         the County Mayor the powers, duties, functions,

18         and responsibilities of the County Manager;

19         revising certain other provisions to conform;

20         providing severability for charter provisions;

21         providing severability; providing for a

22         contingent referendum; providing for effect

23         upon referendum approval; providing an

24         effective date.

25

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

27

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

29  amended to read:

30

31             MIAMI-DADE DADE COUNTY HOME RULE CHARTER

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  1

  2                             PREAMBLE

  3

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

  5  ourselves the benefits and responsibilities of home rule, to

  6  create a metropolitan government to serve our present and

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

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

  9  adopt this home rule Charter.

10

11                     CITIZENS' BILL OF RIGHTS

12

13         A.  This government has been created to protect the

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

15  with full and accurate information, to promote efficient

16  administrative management, to make government more

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

18  treatment, the following rights are guaranteed:

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

20  transact business with the County and the municipalities with

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

22  the County Manager and the Commission, the County Mayor, the

23  County Comptroller, and the Supervisor of Elections to

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

25  convenient times and places for registration and voting, for

26  required inspections, and for transacting business with the

27  County.

28         2.  Truth in Government.  No County or municipal

29  official or employee shall knowingly furnish false information

30  on any public matter, nor knowingly omit significant facts

31  when giving requested information to members of the public.

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

  2  documents and other public records of the County and the

  3  municipalities and their boards, agencies, departments and

  4  authorities shall be open for inspection at reasonable times

  5  and places convenient to the public.

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

  7  Commission and of each municipal council shall maintain and

  8  make available for public inspection an ordinance register

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

10  all ordinances and resolutions listed by descriptive title.

11  Written minutes of all meetings and the ordinance register

12  shall be available for public inspection not later than 30

13  days after the conclusion of the meeting.

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

15  of public business permits, any interested person has the

16  right to appear before the Commission or any municipal council

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

18  presentation, adjustment or determination of an issue, request

19  or controversy within the jurisdiction of the governmental

20  entity involved. Matters shall be scheduled for the

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

22  into approximate time periods so that the public may know

23  approximately when a matter will be heard. Nothing herein

24  shall prohibit any governmental entity or agency from imposing

25  reasonable time limits for the presentation of a matter.

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

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

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

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

30  individual to receive such notice shall not constitute

31  mandatory grounds for cancelling the hearing or rendering

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  1  invalid any determination made at such hearing. Copies of

  2  proposed ordinances or resolutions shall be made available at

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

  4  involves an emergency ordinance or resolution.

  5         7.  No Unreasonable Postponements.  No matter once

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

  7  municipality shall be postponed to another day except for good

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

  9  municipal council or other governmental entity or agency

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

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

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

13  such notice shall not constitute mandatory grounds for

14  cancelling the hearing or rendering invalid any determination

15  made at such hearing.

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

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

18  County or municipal agency, board, department or authority

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

20  is not subject to subsequent administrative or legislative

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

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

23  body whose duties and responsibilities are solely advisory. At

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

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

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

27  to submit rebuttal evidence, and to conduct such

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

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

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

31  the record. Procedural rules establishing reasonable time and

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  1  other limitations may be promulgated and amended from time to

  2  time.

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

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

  5  interested person made in connection with any County or

  6  municipal administrative decision or proceeding when the

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

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

  9  denial.

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

11  Reports.  The County Comptroller Manager and County Attorney

12  and each City Manager and City Attorney shall periodically

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

14  concluded within their respective jurisdictions.

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

16  state statute, The County Mayor Manager shall prepare and

17  present a legislative budget request to the Board of County

18  Commissioners. The Board of County Commissioners, with the

19  assistance of the Commission Budget Office, shall review and

20  prepare a revised budget showing the projected cost of each

21  program for each budget year taking into consideration the

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

23  Commission's first public hearing on the proposed budget

24  required by state law, the County Commission Manager shall

25  make public a budget summary setting forth the proposed cost

26  of each individual program and reflecting all major proposed

27  increases and decreases in funds and personnel for each

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

29  each program and the amount of any contingency and carryover

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

31  shall adopt a County budget.

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  1         12.  Quarterly Budget Comparisons.  The Commission

  2  Budget Office County Manager shall make public a quarterly

  3  report showing the actual expenditures during the quarter just

  4  ended against one quarter of the proposed annual expenditures

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

  6  same cumulative information for whatever portion of the fiscal

  7  year that has elapsed.

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

  9  and each municipality shall be made by an independent

10  certified public accounting firm in accordance with generally

11  accepted auditing standards. A summary of the results,

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

13  making such audit, proprietary functions shall be audited

14  separately and adequate depreciation on proprietary facilities

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

16  direct or indirect subsidy.

17         14.  Regional Offices.  Regional offices of the

18  County's administrative services shall be maintained at

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

20         15.  Financial Disclosure.  The Commission shall by

21  ordinance make provision for the filing under oath or

22  affirmation by all County and municipal elective officials,

23  candidates for County and municipal elective offices, such

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

25  public officials, and outside consultants who receive funds

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

27  may legally be included, of personal financial statements,

28  copies of personal Federal income tax returns, or itemized

29  source of income statements. Provision shall be made for

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

31  and for public disclosure. The Commission shall also make

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

  2  full-time County and municipal employees of all outside

  3  employment and amounts received therefrom. The County Mayor

  4  Manager or any other municipal chief executive officer City

  5  Manager may require monthly reports from individual employees

  6  or groups of employees for good cause.

  7         16.  Representation of Public.  The Commission shall

  8  endeavor to provide representation at all proceedings

  9  significantly affecting the County and its residents before

10  State and Federal regulatory bodies.

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

12  shall, by ordinance, establish an independent Commission on

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

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

15  the authority to review, interpret, render advisory opinions

16  and enforce the county and municipal code of ethics

17  ordinances, conflict of interest ordinances, lobbyist

18  registration and reporting ordinances, ethical campaign

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

20  rights.

21         B.  The foregoing enumeration of citizens' rights vests

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

23  County. Such power necessarily carries with it responsibility

24  of equal magnitude for the successful operation of government

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

26  government requires the intelligent participation of

27  individual citizens exercising their rights with dignity and

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

29  of government because of the exercise of individual

30  prerogatives, and for individual citizens to grant respect for

31  the dignity of public office.

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

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

  3  Circuit Court pursuant to its general equity jurisdiction, the

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

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

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

  7  willfully violated this Article shall forthwith forfeit his

  8  office or employment.

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

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

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

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

13  the remaining provisions.

14

15                           ARTICLE - 1

16

17                  BOARD OF COUNTY COMMISSIONERS

18         SECTION 1.01.  POWERS.

19         A.  The Board of County Commissioners shall be the

20  legislative and the governing body of the county and shall

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

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

23  power to:

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

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

26  grade crossings; provide and regulate parking facilities; and

27  develop and enforce master plans for the control of traffic

28  and parking.

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

30  terminals, port facilities, and public transportation systems.

31

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

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

  3  operating in the county.

  4         4.  Provide central records, training, and

  5  communications for fire and police protection; provide traffic

  6  control and central crime investigation; provide fire

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

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

  9  protection.

10         5.  Prepare and enforce comprehensive plans for the

11  development of the county.

12         6.  Provide hospitals and uniform health and welfare

13  programs.

14         7.  Provide parks, preserves, playgrounds, recreation

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

16  facilities and programs.

17         8.  Establish and administer housing, slum clearance,

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

19  air pollution control, and drainage programs and cooperate

20  with governmental agencies and private enterprises in the

21  development and operation of these programs.

22         9.  Provide and regulate or permit municipalities to

23  provide and regulate waste and sewage collection and disposal

24  and water supply and conservation programs.

25         10.  Levy and collect taxes and special assessments,

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

27  and other obligations of indebtedness in such manner, and

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

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

30  special purpose districts within which may be provided police

31  and fire protection, beach erosion control, recreation

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

  2  and sewage collection and disposal, drainage, and other

  3  essential facilities and services. All county funds for such

  4  districts shall be provided by service charges, special

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

  6  The Board of County Commissioners shall be the governing body

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

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

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

10  Commissioners shall not be the governing body of the

11  Metro-Dade Fire and Rescue Service District established by

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

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

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

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

16  governing board of the juvenile welfare special district shall

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

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

19  the district administrator of the Department of Health and

20  Rehabilitative Services, a member of the Board of County

21  Commissioners and five members appointed by the Governor.

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

23  business regulations as are necessary for the protection of

24  the public.

25         13.  Adopt and enforce uniform building and related

26  technical codes and regulations for both the incorporated and

27  unincorporated areas of the county; provide for examinations

28  for contractors and all parties engaged in the building trades

29  and for the issuance of certificates of competency and their

30  revocation after hearing. Such certificates shall be

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

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  1  municipalities in the county. No municipality shall be

  2  entitled to require examinations or any additional certificate

  3  of competency or impose any other conditions for the issuance

  4  of a municipal license except the payment of the customary

  5  fee. The municipality may issue building permits and conduct

  6  the necessary inspections in accordance with the uniform codes

  7  and charge fees therefor.

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

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

10  utilities, sanitary and sewage collection and disposal

11  systems, water supply, treatment, and service systems, and

12  public transportation systems, provided, however, that:

13         (a)  Franchises under this subsection may only be

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

15  present and approved by a majority vote of those qualified

16  electors voting at either a special or general election.

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

18  telephone utility to serve any territory in the county which

19  is being supplied with similar service except by a majority

20  vote of those qualified electors voting in an election held

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

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

23  of the Board present. Such ordinance shall contain information

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

25  to operate, location, and other information necessary to

26  inform the general public of the feasibility and

27  practicability of the proposed operation.

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

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

30  advantages.

31

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  1         16.  Establish and enforce regulations for the sale of

  2  alcoholic beverages in the unincorporated areas and approve

  3  municipal regulations on hours of sale of alcoholic beverages.

  4         17.  Enter into contracts with other governmental units

  5  within or outside the boundaries of the county for joint

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

  7  of any authorized function.

  8         18.  Set reasonable minimum standards for all

  9  governmental units in the county for the performance of any

10  service or function. The standards shall not be discriminatory

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

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

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

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

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

16  grant franchises to operate any municipal service if:

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

18  Commissioners within the municipality a majority of those

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

20  county; or

21         (b)  The governing body of the municipality requests

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

23  its members, or by referendum.

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

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

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

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

28  shall be no power to abolish the Superintendent of Public

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

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

31

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

  2  thereof.

  3         20.  Make investigations of county affairs, inquire

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

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

  6  require reports from all county officers and employees,

  7  subpoena witnesses, administer oaths, and require the

  8  production of records.

  9         21.  Exercise all powers and privileges granted to

10  municipalities, counties, and county officers by the

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

12  prohibited by the Constitution or by this Charter.

13         22.  Adopt such ordinances and resolutions as may be

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

15  and penalties for the violation of ordinances.

16         23.  Perform any other acts consistent with law which

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

18  interest of the people of the county.

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

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

21  this county, or any general law where specifically authorized

22  by the Constitution.

23         25.  By ordinance, establish a Commission Budget Office

24  with professional staff to assist the board with budgetary

25  planning and oversight authority.

26         26.  Consider and approve by majority vote persons

27  nominated by the County Mayor for the positions of Deputy

28  County Mayor and Chief of Police.

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

30  deemed exclusive or restrictive and the foregoing powers shall

31  be deemed to include all implied powers necessary and proper

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

  2  exercised in the incorporated and unincorporated areas,

  3  subject to the procedures herein provided in certain cases

  4  relating to municipalities.

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

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

  7  Board shall make fair and just compensation for any properties

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

  9  The Board shall also provide for the acquisition or transfer

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

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

12  employees of any governmental unit which is merged,

13  consolidated, or abolished or whose boundaries are changed or

14  functions or powers transferred.

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

16  unincorporated areas all taxes authorized to be levied by

17  municipalities and to receive from the state any revenues

18  collected in the unincorporated areas on the same basis as

19  municipalities.

20         SECTION 1.02.  RESOLUTIONS AND ORDINANCES.

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

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

23  ordinance or resolution, except as otherwise provided in this

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

25  for raising revenue, appropriating funds, or incurring

26  indebtedness (other than refunding indebtedness), or which

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

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

29         B.  Every ordinance shall be introduced in writing and

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

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

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

  2  newspaper of general circulation at least once together with a

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

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

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

  6  advertised for hearing. No ordinance shall be declared invalid

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

  8  published summary gives reasonable notice of its intent.

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

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

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

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

13  pass the ordinance with or without amendment.

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

15  published code by reference as an ordinance in the manner

16  provided by law.

17         E.  The effective date of any ordinance shall be

18  prescribed therein, but the effective date shall not be

19  earlier than ten days after its enactment.

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

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

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

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

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

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

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

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

28  daily newspaper of general circulation.

29         G.  Each ordinance and resolution after adoption shall

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

31  a properly indexed record kept for that purpose.

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

  2  Board shall maintain have prepared a general codification of

  3  all county ordinances and resolutions having the effect of

  4  law.  The general codification thus prepared shall be adopted

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

  6  shall have the codification printed immediately in an

  7  appropriate manner together with the Charter and such rules

  8  and regulations as the Board may direct.  Additions or

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

10  at least every two years.

11         SECTION 1.03. DISTRICTS.

12         A.  There shall be thirteen eight County Commission

13  districts. The initial boundaries of these districts shall be

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

15  thereof.

16         Note: There are thirteen County Commission districts.

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

18  1990), opinion after remand, 985 F.2d 1471 (11th Cir.1993).

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

20  vote of the members of the Board change the boundaries of the

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

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

23  districts.

24         C.  The Board of County Commissioners shall adopt

25  procedures for the development of reapportionment plans

26  similar to the standards used by the Florida Legislature.

27         SECTION 1.04.  COMPOSITION OF THE COMMISSION.

28         The Commission shall consist of thirteen nine members

29  elected as follows:

30         The qualified electors residing within each of the 13

31  districts shall elect From each of the eight districts there

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

  2  large a County Commissioner who shall be a qualified elector

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

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

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

  6  shall consist of eight members. Beginning with the state

  7  primary elections in 1968, the Mayor and each Commissioner

  8  shall be elected for a term of four years.

  9         Note: The Commission consists of thirteen members

10  elected from districts. Meek v.

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

12  1990), opinion after remand,985 F.2d 1471 (11th Cir. 1993).

13         SECTION 1.05.  FORFEITURE OF OFFICE.

14         C.  Any appointed official or employee of Dade County

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

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

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

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

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

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

21  her former position.

22         SECTION 1.06.  SALARY.

23         Each member of the Board of County Commissioners

24  Commissioner shall be paid receive a salary the amount of

25  which shall be determined and established in accordance with

26  compensation prescribed for legislators of this state. Each

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

28  shall be entitled to be reimbursed for such reasonable and

29  necessary expenses as may be approved by the Board.

30         SECTION 1.07.  VACANCIES.

31

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

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

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

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

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

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

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

  8  appointment meet the residence requirements for the office to

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

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

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

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

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

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

15  to permit the registered electors to elect commissioners to

16  succeed the appointed commissioners; appointed commissioners

17  may succeed themselves unless otherwise prohibited by the

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

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

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

21  defer the required election until the scheduled county-wide

22  election.

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

24  County Mayor, the Chairperson of the County Commission shall

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

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

27  Vice-Chairperson of the County Commission shall assume the

28  Chairmanship on the Board as the interim Chairperson.  A

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

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

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

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  1  Chairperson of the County Commission and a special election

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

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

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

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

  6  elected.

  7         SECTION 1.08.  ORGANIZATION OF THE COMMISSION.

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

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

10  County Commission shall elect a Chairperson and a

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

12  Chairperson of the Commission shall serve as the presiding

13  officer of the legislative branch of county government for a

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

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

16  specific powers and duties to:

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

18         (2)  Sign ordinances, resolutions, and other

19  legislative documents for the Commission.

20         (3)  Schedule Commission meetings.

21         (4)  Preside over the committee charged with reviewing

22  nominations submitted by the County Mayor for the positions of

23  Deputy County Mayor and Chief of Police.

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

25  standing committees and rules of procedure to govern Board

26  meetings.

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

28  the chairperson of each standing committee.

29

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

31  Mayor shall be the presiding officer of the Commission with

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  1  the authority to designate another member of the Commission to

  2  serve as presiding officer.

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

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

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

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

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

  8  public. The County Commission shall organize its own structure

  9  and rules of procedure.

10

11                           ARTICLE - 2

12

13                           COUNTY MAYOR

14         SECTION 2.01 1.09.  ELECTION OF COUNTY MAYOR.

15         There shall be elected by the qualified electors of the

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

17  elector residing within the county at least three years before

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

19  the Commission. No individual serving as the County

20  Comptroller or as the Inspector General shall be eligible for

21  the position of County Mayor during or within 4 years after

22  termination from said position.

23         SECTION 2.02 1.10.  RESPONSIBILITIES OF THE COUNTY

24  MAYOR.

25         Commencing with the election of Mayor in 1996, The

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

27  the following specific responsibilities:

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

29  final adoption by the County Commission, have veto authority

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

31  land use decision of the County Commission, including the

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  1  budget or any particular component contained therein which was

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

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

  4  greater dollar amount must also be vetoed. The County

  5  Commission may at its next regularly scheduled meeting after

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

  7  the Commissioners present.

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

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

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

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

12  Public Safety, the Deputy County Mayor of Planning and

13  Infrastructure, the Deputy County Mayor of Transportation and

14  Economic Development, the Deputy County Mayor of Human

15  Services, and the Deputy County Mayor of Governmental

16  Operations.  The five Deputy County Mayor nominees shall be

17  approved by a majority vote of the County Commission appoint

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

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

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

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

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

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

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

25  Commissioners then in office. Additionally, the Commission by

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

27  be able to remove the Manager.

28         C.  All Deputy County Mayors shall serve at the

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

30  members of all standing committees and the chairperson and

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

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  1  standing and special committees as deemed necessary by the

  2  Mayor.

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

  4  legislative budget request to the County Commission deliver a

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

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

  7  be prepared after consultation with the Commissioners and the

  8  Manager.

  9         E.  The County Mayor shall prepare and deliver a

10  budgetary address annually to the people of the county between

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

12  consultation with the Manager and budget director.

13         F.  Unless otherwise provided for by civil service

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

15  to appoint and suspend, remove, or discharge all

16  administrative department heads of the major departments

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

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

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

20  Mayor.

21         G.  The County Commission shall appropriate each fiscal

22  year to the Executive Office of the County Mayor sufficient

23  funds to support the following functions and operations:

24         (1)  Chief Administrative Officer.

25         (2)  Budget Director.

26         (3)  Chief Information Officer.

27         (4)  Press Secretary.

28         (5)  Intergovernmental Affairs Director.

29         (6)  Incorporation/Annexation Advisor.

30         (7)  General Counsel.

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  1                          ARTICLE - 3 2

  2

  3                            ELECTIONS

  4         SECTION 3.01 2.01.  ELECTION AND COMMENCEMENT OF TERMS

  5  OF COUNTY COMMISSIONERS.

  6         A.  Unless otherwise provided in the Charter, beginning

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

  8  Commissioners from four County Commission districts to be

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

10  1976 shall be held at the time of the state primary elections

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

12  County Commissioners from the other four County Commission

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

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

15  Commissioners from these four County Commission districts will

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

17  time of the state primary elections.

18         Note: The election of the County Commissioners from

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

20  four years thereafter and the election of County Commissioners

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

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

23  908 F.2d 1540 (11th Cir. 1990), opinion after remand, 985 F.2d

24  1471 (11th Cir. 1993).

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

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

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

28  state second primary election between the two candidates

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

30  the outcome shall be determined by lot.

31

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

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

  3  Commissioners shall commence on the second Tuesday next

  4  succeeding the date provided for the state second primary

  5  elections.

  6         D.  Notwithstanding any other provision of this

  7  Charter, effective with the term of Mayor scheduled to

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

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

10  as Mayor or County Commissioner prior to the terms scheduled

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

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

13  the term limitation provisions of this section.

14         SECTION 3.02 2.02.  SUPERVISOR OF ELECTIONS. RESERVED

15         There shall be a County Supervisor of Elections who

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

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

18  responsibilities of the County Supervisor of Elections shall

19  be as provided by general law.

20         SECTION 3.03 2.03.  NONPARTISAN ELECTIONS.

21         All elections for County Mayor and the other members of

22  the Board of County Commissioners shall be nonpartisan and no

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

24  candidate shall be required to pay any party assessment or

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

26  he voted or will vote in any election.

27         SECTION 3.04 2.04.  QUALIFICATIONS AND FILING FEE.

28         All candidates for the office of County Mayor or County

29  Commissioner shall qualify with the Clerk of the Circuit Court

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

31  49th day prior to the date of the election at which he is a

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

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

  3  into the general funds of the county.

  4         SECTION 3.05 2.05.  DISQUALIFICATIONS RESERVED.

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

  6  unpaid fines to the Florida Election Commission, or those

  7  mentally incompetent shall be qualified to vote or hold office

  8  until restoration of civil rights or removal of disability.

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

10  if, by the end of the current term of office, that person

11  shall have served, or but for resignation would have served,

12  for 8 consecutive years in that office including terms served

13  in the office of Mayor prior to the effective date of this

14  charter revision.

15         C.  No person may appear for reelection as County

16  Commissioner if, by the end of the current term of office,

17  that person shall have served, or but for resignation would

18  have served, in that office for 12 consecutive years.

19         SECTION 3.06 2.06.  ADDITIONAL REGULATIONS AND STATE

20  LAWS.

21         A.  The Board may adopt by ordinance any additional

22  regulations governing elections not inconsistent with this

23  Charter.

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

25  ordinance adopted hereunder the provisions of the election

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

27  Charter.

28         SECTION 3.07 2.07.  CANVASSING ELECTIONS.

29         All elections under this Charter shall be canvassed by

30  the County Canvassing Board as provided under the election

31  laws of this state.

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  1

  2                          ARTICLE - 4 3

  3

  4                  THE COUNTY COMPTROLLER MANAGER

  5         SECTION 4.01 3.01.  FUNCTIONS.

  6         The Office of County Comptroller shall provide

  7  independent oversight of all contracts, bonding, and other

  8  forms of financial obligations undertaken by the County.

  9  Functions presently in the office of the Inspector General and

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

11  shall provide for independent oversight of contract

12  compliance. Such oversight shall provide a check on the

13  effectiveness of the policy imperatives and administrative

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

15  County Commission shall fix the County Comptroller's

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

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

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

19  compensation, and the Manager shall serve as provided in

20  Section 1.10.

21         SECTION 4.02 3.02.  QUALIFICATIONS.

22         A.  The candidate for the position of County

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

24  academic and administrative qualifications.  At the time of

25  the County Comptroller's appointment, the County Comptroller

26  need not be a resident of this state. No individual serving as

27  the County Mayor or any individual serving as a County

28  Commissioner shall be eligible for the position of County

29  Comptroller during or within 2 years after the expiration of

30  their respective terms.

31

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  1         B.  The County Commission shall create a County

  2  Comptroller Nominating Committee to interview candidates for

  3  the position of County Comptroller and to make nominations for

  4  County Comptroller to the full County Commission.  Each member

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

  6  county resident to serve on the committee.  Elected county

  7  officials, employees of the county, and registered lobbyists

  8  are disqualified for appointment to the County Comptroller

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

10  the full County Commission shall be required to appoint the

11  County Comptroller.  Appointment to the position of County

12  Comptroller shall be for a 6-year term.  However, no

13  individual shall serve more than two consecutive terms in the

14  position of County Comptroller.

15         Commencing with the election of  Mayor in 1996, the

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

17  executive and administrative qualifications. At the time of

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

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

20  eligible for the position of Manager during or within two

21  years after the expiration of their respective terms.

22         SECTION 3.03.  ABSENCE OF MANAGER.

23         Commencing with the election of Mayor in 1996, the

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

25  designate a qualified administrative officer of the county to

26  assume the duties and authority of the Manager during periods

27  of temporary absence or disability of the Manager.

28         SECTION 4.03 3.04.  POWERS AND DUTIES.

29         A.  The County Comptroller shall establish the Office

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

31  ensure contract and financial compliance with procurement

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

  2  the County.  The County Comptroller shall have staff and

  3  offices necessary for the execution of these responsibilities.

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

  5  shall be responsible for the administration of all units of

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

  7  for carrying out policies adopted by the Commission. The

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

  9  resolution of the Commission, shall execute contracts and

10  other instruments, sign bonds and other evidences of

11  indebtedness, and accept process.

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

13  principal investigative arm within the Comptroller's Office.

14  The Office of Inspector General shall investigate alleged

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

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

17  otherwise provided for by civil service rules and regulations,

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

19  administrative department heads of the major departments of

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

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

22  Department, Planning Department, Finance Department, Park and

23  Recreation Department and Internal Auditing Department, except

24  that before any appointment shall become effective, the said

25  appointment must be approved by the County Commission and if

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

27  the event such appointment shall be disapproved by the County

28  Commission the appointment shall forthwith become null and

29  void and thereupon the County Manager shall make a new

30  appointment or appointments, each of which shall likewise be

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

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

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

  3  Manager.

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

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

  6  be responsible for funding the operations and administration

  7  of the Commission on Ethics and Public Trust.

  8         D.  The County Comptroller shall submit a legislative

  9  budget request delineating the resources needed to carry out

10  the functions mandated by the Charter.

11         SECTION 4.04 3.05.  RESTRICTION REGARDING OFFICE OF

12  COMPTROLLER ON COMMISSION MEMBERS.

13         Neither the County Mayor nor any County Commissioner

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

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

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

17  violation of the provisions of this Section by the County

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

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

20  Court by the State Attorney of this County. Nothing in this

21  section shall prohibit the County Mayor or a County

22  Commissioner from requesting an inquiry into the activities of

23  the Office of County Comptroller or into the activities of any

24  individual within the Office of County Comptroller. Neither

25  the Mayor nor any Commissioner shall direct or request the

26  appointment of any person to, or his or her removal from,

27  office by the Manager or any of the Manager's subordinates, or

28  take part in the appointment or removal of officers and

29  employees in the administrative services of the county. Except

30  for the purpose of inquiry, as provided in Section 1.01A(20),

31  the Mayor and Commissioners shall deal with the administrative

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  1  service solely through the Manager and neither the Mayor nor

  2  any Commissioner shall give orders to any subordinates of the

  3  Manager, either publicly or privately. Any willful violation

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

  5  Commissioner shall be grounds for his or her removal from

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

  7  Attorney of this county.

  8         SECTION 4.05  REMOVAL.

  9         The Board of County Commissioners shall have the power

10  to remove the County Comptroller for cause subject to the

11  County Commission's conducting a public hearing on the matter.

12  An affirmative vote of not less than eight of those County

13  Commissioners then in office shall be required to remove the

14  County Comptroller.

15

16                          ARTICLE - 5 4

17

18            ADMINISTRATIVE ORGANIZATION AND PROCEDURE

19         SECTION 5.01 4.01.  OFFICES OF THE DEPUTY COUNTY MAYORS

20  DEPARTMENTS. The County Administration shall be organized into

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

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

23  of the service offices of Public Safety, Planning and

24  Infrastructure, Transportation and Economic Development, Human

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

26  County Commission shall be required for confirmation of any

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

28  shall have responsibility for a cluster of related

29  departments. Initially, the departments within the five

30  service offices shall be delineated as follows:

31

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

  2  Public Safety, the departments of:

  3         (1)  Corrections and Rehabilitation.

  4         (2)  Emergency Management.

  5         (3)  Miami-Dade Fire Rescue.

  6         (4)  Medical Examiner.

  7         (5)  Miami-Dade Police.

  8         (6)  Youth Crime Task Force.

  9         (7)  Animal Control.

10         B.  Within the Office of Deputy County Mayor for

11  Planning and Infrastructure:

12         (1)  Department of Environmental Resources Management.

13         (2)  Office of Water Management.

14         (3)  Planning and Zoning.

15         (4)  Public Works.

16         (5)  Solid Waste.

17         (6)  Water and Sewer.

18         (7)  Building.

19         (8)  Capital Improvement Coordination.

20         (9)  Code Compliance.

21         (10)  Parks & Recreation.

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

23  Transportation and Economic Development:

24         (1)  Beacon Council.

25         (2)  Chambers of Commerce.

26         (3)  Community & Economic Development.

27         (4)  Consumer Services.

28         (5)  Empowerment Zone.

29         (6)  Greater Miami Convention & Visitors Bureau.

30         (7)  Metro-Miami Action Plan.

31         (8)  Urban Revitalization Task Force.

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  1         (9)  Aviation.

  2         (10)  Seaport.

  3         (11)  Transit.

  4         (12)  Miami-Dade Expressway Authority.

  5         (13)  Metropolitan Planning Organization.

  6         (14)  Business Development.

  7         (15)  Tourist Development Council.

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

  9  Human Services:

10         (1)  Community Action Agencies.

11         (2)  Housing.

12         (3)  Community Relations Bureau.

13         (4)  Homeless Trust.

14         (5)  Housing Finance Authority.

15         (6)  Human Services.

16         (7)  Public Health Trust.

17         (8)  Training and Education.

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

19  Governmental Operations:

20         (1)  Tax Collector.

21         (2)  Property Appraiser.

22         (3)  Team Metro.

23         (4)  Art in Public Places.

24         (5)  Cultural Affairs.

25         (6)  Libraries.

26         (7)  Museums.

27         (8)  Performing Arts.

28         There shall be departments of finance, personnel,

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

30  established by administrative order of the Manager. All

31  functions not otherwise specifically assigned to others by

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  1  this Charter shall be performed under the supervision of the

  2  Manager.

  3         SECTION 5.02 4.02.  ADMINISTRATIVE PROCEDURE.

  4         The County Mayor Manager shall have the power to issue

  5  and place into effect administrative orders, rules, and

  6  regulations. The organization and operating procedure of

  7  departments shall be set forth in administrative regulations

  8  which the County Mayor Manager shall develop, place into

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

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

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

12  regulations creating, merging, or combining departments, shall

13  become effective until approved by resolution of the Board.

14         SECTION 5.03 4.03.  FINANCIAL PLANNING ADMINISTRATION.

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

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

17  finance director appointed by the Manager. The finance

18  director shall have charge of the financial administration

19  affairs of the county.

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

21  Manager shall recommend to the Board a proposed budget

22  presenting a complete financial plan, including capital and

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

24  the budget shall be published and the Board shall hold

25  hearings on and adopt a budget.

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

27  nor shall any obligation for the expenditure of money be

28  incurred except pursuant to appropriation and except that the

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

30  trust funds and may provide that expenditures from such funds

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

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  1  ordinance, may transfer any unencumbered appropriation

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

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

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

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

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

  7         C. D.  Contracts for public improvements and purchases

  8  of supplies, materials, and services other than professional

  9  shall be made whenever practicable on the basis of

10  specifications and competitive bids. Formal sealed bids shall

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

12  contracts and purchases when the transaction involves more

13  than the minimum amount established by the Board of County

14  Commissioners by ordinance. The transaction shall be evidenced

15  by written contract submitted and approved by the procuring

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

17  recommendation of the County Comptroller Manager, may by

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

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

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

21  must be open for formal competitive bidding within 6 months

22  after the date of the award.

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

24  who has a personal special financial interest, direct or

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

26  interest and shall refrain from voting upon or otherwise

27  participating in such transaction. Willful violation of this

28  Section shall constitute malfeasance in office, shall effect

29  forfeiture of office or position, and render the transaction

30  voidable by the Board.

31

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

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

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

  4  paid by the county.

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

  6  Comptroller Board shall provide for an audit by an independent

  7  certified public accountant designated by the County

  8  Comptroller Board of the accounts and finances of the county

  9  for the fiscal year just completed.

10         H.  The Budget Commission created by Chapter 21874,

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

12  shall no longer be of any effect.

13         SECTION 5.04 4.04.  ASSESSMENT AND COLLECTION OF TAXES.

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

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

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

17  municipal taxes. Thereafter no municipality shall have an

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

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

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

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

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

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

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

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

26  public inspection at reasonable times. Maps showing the

27  assessed valuation of each parcel of property may be prepared

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

29  price.

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

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

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

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

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

  4         C.  Delinquent municipal taxes shall be collected in

  5  the same manner as delinquent county taxes.

  6         D.  All the tax revenues collected for any municipality

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

  8         SECTION 5.05 4.05.  CIVIL SERVICE DEPARTMENT OF

  9  PERSONNEL.

10         A.  The Board of County Commissioners shall establish

11  and maintain personnel and civil service, retirement, and

12  group insurance programs. The personnel system of the county

13  shall be based on merit principles in order to foster

14  effective career service in county employment and to employ

15  those persons best qualified for county services which they

16  are to perform.

17         B.  The County Manager shall appoint a personnel

18  director who shall head the department of personnel and whose

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

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

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

22  of the effective date of this Charter.

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

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

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

26  ordinance of the Board of County Commissioners adopted by

27  two-thirds vote of the members present after recommendation

28  from either the Personnel Advisory Board or the County Mayor

29  Manager.

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

31  transfer, or assignment of governmental units or functions

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  1  become county employees, shall not lose the civil service

  2  rights or privileges which have accrued to them during their

  3  period of employment with such municipality, and the county

  4  shall use its best efforts to employ these employees within

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

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

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

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

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

10  amount of service shall be retained in accordance with civil

11  service rules and regulations. Those employees who are not

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

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

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

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

16  service required, to either accept such employment or remain

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

18  available for him in his own or similar classification.

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

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

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

22  assignment of governmental units or functions become county

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

24  accrued to their benefit during their period of employment

25  with such municipality. The Board of County Commissioners

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

27  reserves shall be protected, and these employees shall

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

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

30  time of merger or assignment.

31

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  1         E F.  The Board of County Commissioners shall provide

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

  3  county employees.

  4         SECTION 5.06 4.06.  OFFICE OF COUNTY ATTORNEY

  5  DEPARTMENT OF LAW.

  6         There shall be a county attorney appointed by the Board

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

  8  Board and who shall head the Office of County Attorney

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

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

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

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

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

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

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

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

17  The Board may employ special counsel for specific needs.

18         SECTION 5.07 4.07.  DEMOGRAPHIC, POLICY, AND DEPARTMENT

19  OF PLANNING.

20         The department of planning shall be headed by a

21  planning director appointed by the County Manager. The

22  planning director shall be qualified in the field of planning

23  by special training and experience. Under the supervision of

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

25  Advisory Board elsewhere provided for in this Charter, the

26  Office of Deputy County Mayor of Planning and Infrastructure

27  director shall among other things:

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

29  facilities, resources, and needs and other factors which

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

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

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

  2  recreational, economic, and physical development of the

  3  county.

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

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

  6  subdivision and related regulations for the unincorporated

  7  areas of the county and minimum standards governing zoning,

  8  subdivision, and related regulations for the municipalities;

  9  and prepare recommendations to effectuate the master plan and

10  to coordinate the county's proposed capital improvements with

11  the master plan.

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

13  subdivision, and related regulations and make recommendations

14  thereon with a view of coordinating such municipal systems

15  with one another and with those of the county.

16         SECTION 5.08 4.08.  BOARDS.

17         A.  The Board of County Commissioners shall by

18  ordinance create a Planning Advisory Board, a Zoning Appeals

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

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

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

22  members of such boards, who shall serve without compensation

23  but who may be reimbursed for necessary expenses incurred in

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

25  Board of County Commissioners.

26         B.  The Board of County Commissioners may by ordinance

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

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

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

30  sewer systems within the incorporated and the unincorporated

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

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

  2  Sewer Authority shall have the responsibility to develop and

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

  4  of providing potable water, sewage collection and disposal and

  5  water pollution abatement to the citizens of Dade County.

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

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

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

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

10  Water and Sewer Authority.

11

12                          ARTICLE - 6 5

13

14                          MUNICIPALITIES

15         SECTION 6.01 5.01.  CONTINUANCE OF MUNICIPALITIES.

16         The municipalities in the county shall remain in

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

18  the county shall be abolished without approval of a majority

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

20  The right of self determination in local affairs is reserved

21  and preserved to the municipalities except as otherwise

22  provided in this Charter.

23         SECTION 6.02 5.02.  MUNICIPAL POWERS.

24         Each municipality shall have the authority to exercise

25  all powers relating to its local affairs not inconsistent with

26  this Charter. Each municipality may provide for higher

27  standards of zoning, service, and regulation than those

28  provided by the Board of County Commissioners in order that

29  its individual character and standards may be preserved for

30  its citizens.

31         SECTION 6.03 5.03.  MUNICIPAL CHARTERS.

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

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

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

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

  5  after adopting a resolution or after the certification of a

  6  petition of ten percent of the qualified electors of the

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

  8  municipal ordinance a proposed charter amendment, revocation,

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

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

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

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

13  governing body shall make copies of the proposal available to

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

15  Alternative proposals may be submitted. Each proposal approved

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

17  become effective at the time fixed in the proposal.

18         B.  All municipal charters, amendments thereto, and

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

20  Court.

21         SECTION 6.04 5.04. CHANGES IN MUNICIPAL BOUNDARIES.

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

23  Infrastructure director shall study municipal boundaries with

24  a view to recommending their orderly adjustment, improvement,

25  and establishment. Proposed boundary changes may be initiated

26  by the Planning Advisory Board, the Board of County

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

28  petition of any person or group concerned.

29         B.  The Board of County Commissioners, after obtaining

30  the approval of the municipal governing bodies concerned,

31  after hearing the recommendations of the Planning Advisory

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

  2  boundary changes, unless the change involves the annexation or

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

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

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

  6  boundary change any conflicting boundaries set forth in the

  7  charter of such municipality shall be considered amended.

  8         C.  No municipal boundary shall be altered except as

  9  provided by this Section.

10         SECTION 6.05 5.05.  CREATION OF NEW MUNICIPALITIES.

11         The Board of County Commissioners and only the Board

12  may authorize the creation of new municipalities in the

13  unincorporated areas of the county after hearing the

14  recommendations of the Planning Advisory Board, after a public

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

16  electors voting and residing within the proposed boundaries.

17  The Board of County Commissioners shall appoint a charter

18  commission, consisting of five electors residing within the

19  proposed boundaries, who shall propose a charter to be

20  submitted to the electors in the manner provided in Section

21  6.03 5.03. The new municipality shall have all the powers and

22  rights granted to or not withheld from municipalities by this

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

24  Florida. Notwithstanding any provision of this Charter to the

25  contrary, with regard to any municipality created after

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

27  County and the prospective municipality which are included in

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

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

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

31  qualified municipal electors.

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  1         SECTION 6.06 5.06.  CONTRACTS WITH OTHER UNITS OF

  2  GOVERNMENT.

  3         Every municipality in this county shall have the power

  4  to enter into contracts with other governmental units within

  5  or outside the boundaries of the municipality or the county

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

  7  of the other of any municipal function.

  8         SECTION 6.07 5.07.  FRANCHISE AND UTILITY TAXES.

  9         Revenues realized from franchise and utility taxes

10  imposed by municipalities shall belong to municipalities.

11

12                          ARTICLE - 7 6

13

14         PARKS, AQUATIC PRESERVES, AND PRESERVATION LANDS

15         Note: This Article does not apply to municipal property

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

17  and West Miami. See Section 6.04.

18         SECTION 7.01 6.01.  POLICY.

19         Parks, aquatic preserves, and lands acquired by the

20  County for preservation shall be held in trust for the

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

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

23  unimpaired for the enjoyment of future generations as a part

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

25  protected from commercial development and exploitation and

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

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

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

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

30  obstructed or impaired by buildings or other structures or

31

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

  2  Adequate maintenance shall be provided.

  3         SECTION 7.02 6.02.  RESTRICTIONS AND EXCEPTIONS.

  4         In furtherance of this policy parks shall be used for

  5  public park purposes only, and subject to the limited

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

  7  permanent structures or private commercial advertising erected

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

  9  renewals, expansions, or extensions of existing leases,

10  licenses, or concessions to private parties of public park

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

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

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

14  Nothing in this Article shall prevent any contract with

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

16  cultural, conservation and parks and recreation program

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

18  County for preservation, and public parks or parts thereof

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

20  historic or archeological areas, or otherwise possess unique

21  natural values in their present state, such as Matheson

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

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

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

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

26  Thompson Park, Whispering Pines Hammock, Mangrove Preserve,

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

28  Park, Sewell Park, Barnes Park, Virginia Key, mangrove

29  preserves, and all other natural or historical resource based

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

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

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

  2  preserves and preservation lands must be approved by an

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

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

  5  appropriate carrying capacity and to the extent required by

  6  law all parks and facilities and permitted special events and

  7  concessions operating in the parks shall be fully accessible

  8  to persons with disabilities. Nothing in this Article shall

  9  prevent the maintenance of existing facilities, the

10  maintenance, operation, and renovation of existing golf course

11  and marina restaurants at their existing square footage by

12  government agencies or private operators, provided such

13  private operators are chosen as a result of competitive

14  selection and their initial contract terms are limited to no

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

16  maintenance, and repair by government agencies or private

17  operators of or issuance of temporary permits for:

18         A.  Appropriate access roads, bridges, fences,

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

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

21  control devices, utilities, trash removal, parking and

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

23  system;

24         B.  Food and concession facilities each not in excess

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

26  outdoor or covered areas needed to service park patrons;

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

28  playground facilities, golf courses and golf-course related

29  facilities, and bandstands and bandshells containing less than

30  1,000 spectator seats and athletic facilities, sports fields

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

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  1         D.  Facilities for marinas, sightseeing and fishing

  2  boats, visiting military vessels, and fishing;

  3         E.  Park signage and appropriate plaques and monuments;

  4         F.  Rest rooms;

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

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

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

  8  one classroom;

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

10  performing arts, concerts, cultural and historic exhibitions,

11  regattas, athletic contests and tournaments, none of which

12  require the erection of permanent structures;

13         J.  Advertising in connection with sponsorship of

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

15  facilities and uses are compatible with the particular park

16  and are scheduled so that such events do not unreasonably

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

18         K.  Programming partnerships with qualified federally

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

20  conservation, and parks and recreation program providers;

21         L.  Agreements with cable, internet, telephone,

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

23  any installations are underground or do not adversely impact

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

25  facilities, golf courses, or County lands acquired for

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

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

28  and agencies or groups receiving any public funding shall not

29  expend any public money or provide any publicly funded

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

31  this Article. No building permit or certificate of occupancy

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  1  shall be issued for any structure in violation of this

  2  Article. The restrictions applying to parks in this Article

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

  4  Tamiami Stadium, Haulover Fishing Pier, the Dade County

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

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

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

  8  Seaquarium, Curtis Park track and stadium, Fairchild Tropical

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

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

11  majority of the residents residing in voting precincts any

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

13  or lease by majority vote in an election.

14         SECTION 7.03 6.03. ENFORCEMENT AND CONSTRUCTION.

15         All elections required by this Article shall be held

16  either in conjunction with state primary or general elections

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

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

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

20  The provisions of this Article shall be liberally construed in

21  favor of the preservation of all park lands, aquatic

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

23  Article shall be declared invalid it shall not affect the

24  validity of the remaining provisions of this Article. This

25  Article shall not be construed to illegally impair any

26  previously existing valid written contractual commitments or

27  bids or bonded indebtedness.

28         SECTION 7.04 6.04.  JURISDICTION.

29         Except as otherwise provided herein the provisions of

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

31  aquatic preserves, and lands acquired by the County for

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  1  preservation now in existence or hereafter acquired, provided

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

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

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

  5  municipality shall be excluded from the provisions of this

  6  Article.

  7

  8                          ARTICLE - 8 7

  9

10                INITIATIVE, REFERENDUM, AND RECALL

11         SECTION 8.01 7.01.  INITIATIVE AND REFERENDUM.

12         The electors of the county shall have the power to

13  propose to the Board of County Commissioners passage or repeal

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

15  action, according to the following procedure:

16         1.  The person proposing the exercise of this power

17  shall submit the proposal to the Board which shall without

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

19  several copies as the proposer may desire.

20         2.  The person or persons circulating the petition

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

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

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

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

25  approved, according to the official records of the County

26  Supervisor of Elections. In determining the sufficiency of the

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

28  required shall come from voters registered in any single

29  county commission district. Each signer of a petition shall

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

31  residence or precinct number. Each person circulating a copy

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

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

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

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

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

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

  7  number of signatures is insufficient or the petition is

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

  9  Board shall notify the person filing the petition that the

10  petition is insufficient and has failed.

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

12  sufficient petition is presented either:

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

14  petition or repeal the ordinance referred to by a referendary

15  petition, or

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

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

18  understanding of the proposal.

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

20  the electors, the election shall be held either:

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

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

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

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

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

26  the Board, preferably in an election already scheduled for

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

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

29  on the proposal.

30

31

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  1         6.  An ordinance proposed by initiatory petition or the

  2  repeal of an ordinance by referendary petition shall be

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

  4         (a)  Any reduction or elimination of existing revenue

  5  or any increase in expenditures not provided for by the

  6  current budget or by existing bond issues shall not take

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

  8  and

  9         (b)  Rights accumulated under an ordinance between the

10  time a certified referendary petition against the ordinance is

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

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

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

14  election have conflicting provisions, the one receiving the

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

16         7.  An ordinance adopted by the electorate through

17  initiatory proceedings shall not be amended or repealed by the

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

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

20  any other ordinance.

21         SECTION 8.02 7.02.  RECALL.

22         Any member of the Board of County Commissioners or the

23  County Mayor Sheriff or any Constable may be removed from

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

25  municipality by which the officeholder he was chosen. The

26  procedure on a recall petition shall be identical with that

27  for an initiatory or referendary petition, except that:

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

29  form of the petition.

30         2.  The person or persons circulating the petition must

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

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  1  municipality concerned in numbers at least equal to four

  2  percent of the registered voters in the county district or

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

  4  according to the official records of the County Supervisor of

  5  Elections.

  6         3.  The signed petition shall be filed with and

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

  8         4.  The Board of County Commissioners must provide for

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

10  the certification of the petition.

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

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

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

14  majority vote of the electors voting on the question.

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

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

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

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

19  immediately.

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

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

22  year after a recall petition against him is defeated.

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

24  Sheriff or Constables shall be filled for the remaining term

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

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

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

28

29                          ARTICLE - 9 8

30

31                        GENERAL PROVISIONS

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  1         SECTION 9.01 8.01.  ABOLITION OF CERTAIN OFFICES AND

  2  TRANSFER OF FUNCTIONS.

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

  4  the following offices are hereby abolished and the powers and

  5  functions of such offices are hereby transferred to the County

  6  Mayor Manager who shall provide for the continuation of all

  7  the duties and functions of these offices required under the

  8  Constitution and general laws of this state: County Property

  9  Appraiser Assessor of Taxes, County Tax Collector, County

10  Surveyor, and County Purchasing Agent, and County Supervisor

11  of Registration.

12         B.  The County Mayor Manager may delegate to suitable

13  persons the powers and functions of such officers, provided

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

15  elected shall terminate the County Assessor of Taxes, the

16  County Tax Collector, the County Supervisor of Registration,

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

18  remain in his position and receive the same salary as

19  presently provided for by statute.

20         C.  In the event that other elective officers are

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

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

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

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

25  and shall provide for the continuation of all duties and

26  functions of these offices required under the Constitution and

27  general laws.

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

29  Director of Public Safety Sheriff is hereby abolished and the

30  powers and functions of such office are hereby transferred to

31  the County Mayor Manager, who shall provide for the

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  1  continuation of all the duties and functions of this office

  2  required under the Constitution and general laws of this

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

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

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

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

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

  8  abolished and the powers and functions of such office are

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

10  functions of the Office of the County Comptroller listed under

11  Article 4.

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

13  of Registration is abolished and the powers and functions of

14  such office are hereby transferred to the County Supervisor of

15  Elections who shall provide for the continuation of all the

16  duties and functions of such office required under the

17  Constitution and general laws of this state as provided in

18  Section 3.02.

19         SECTION 9.02 8.02.  RESERVED.

20         SECTION 9.03 8.03.  TORT LIABILITY.

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

22  same extent that municipalities in the State of Florida are

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

24  maintained against the county for damages to persons or

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

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

27  county in the manner and within the time provided by

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

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

30         Note: Waiver of County's tort immunity held

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

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  1         SECTION 9.04 8.04.  SUPREMACY CLAUSE.

  2         A.  This Charter and the ordinances adopted hereunder

  3  shall in cases of conflict supersede all municipal charters

  4  and ordinances, except as herein provided, and where

  5  authorized by the Constitution, shall in cases of conflict

  6  supersede all special and general laws of the state.

  7         B.  All other special and general laws and county

  8  ordinances and rules and regulations not inconsistent with

  9  this Charter shall continue in effect until they are

10  superseded by ordinance adopted by the Board pursuant to this

11  Charter and the Constitution.

12         SECTION 9.05 8.05.  EXISTING FRANCHISES, CONTRACTS, AND

13  LICENSES.

14         All lawful franchises, contracts, and licenses in force

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

16  until terminated or modified in accordance with their terms or

17  in the manner provided by law or this Charter.

18         SECTION 9.06 8.06.  EFFECT OF THE CHARTER.

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

20  its declared purpose, which is to establish effective home

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

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

23  provision of this Charter or the application thereof shall be

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

25  of any ordinances or regulations made thereunder shall remain

26  in full force and effect.

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

28  or restrict the power and jurisdiction of the Florida Railroad

29  and Public Utilities Commission.

30         SECTION 9.07 8.07.  AMENDMENTS.

31

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

  2  resolution adopted by the Board of County Commissioners or by

  3  petition of electors numbering not less than ten percent of

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

  5  time the petition is submitted to the Board. Initiatory

  6  petitions shall be certified in the manner required for

  7  initiatory petitions for an ordinance.

  8         B.  Amendments to this Charter may be proposed by

  9  initiatory petitions of electors biennially, only during even

10  numbered years in which state primary and general elections

11  are held. All elections on charter amendments proposed by

12  initiatory petitions shall be held in conjunction with state

13  primary or general elections, unless the Board of County

14  Commissioners shall determine to call a special election by

15  two-thirds vote of the entire membership.

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

17  Board of County Commissioners at any time. Elections on

18  charter amendments proposed by the Board shall be held not

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

20  resolution proposing any amendment.

21         D.  The result of all elections on charter amendments

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

23  the proposed amendment.

24         SECTION 9.08 8.08.  REVISIONS.

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

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

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

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

29  a proposed revision of the Charter. The proposed revision

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

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

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  1  either with or without modification, it shall present such

  2  proposed revision to the electorate in accordance with the

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

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

  5  amendments that are proposed.

  6         SECTION 9.09 8.09.  EFFECTIVE DATE.

  7         This Charter shall become effective 60 days after it is

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

  9  voting on the Charter.

10

11                          ARTICLE - 10 9

12

13                          NAME OF COUNTY

14         SECTION 10.01 9.01.  NAME OF COUNTY.

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

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

17  Florida Constitution, Florida Statutes, Code of Metropolitan

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

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

20         B.  The Commission shall by ordinance provide a method

21  to implement the official name change.

22

23                           ARTICLE - 11

24

25                           SEVERABILITY

26         If any provision of this charter or the application

27  thereof to any person or circumstance is held invalid, the

28  invalidity shall not affect other provisions or applications

29  of the charter which can be given effect without the invalid

30  provision or application, and to this end the provisions of

31  this charter are declared severable.

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  1         Section 2.  If any provision of this act or the

  2  application thereof to any person or circumstance is held

  3  invalid, the invalidity shall not affect other provisions or

  4  applications of the act which can be given effect without the

  5  invalid provision or application, and to this end the

  6  provisions of this act are declared severable.

  7         Section 3.  Contingent upon approval of an amendment to

  8  the State Constitution at the general election held in

  9  November 2002 authorizing amendments or revisions to the home

10  rule charter of Miami-Dade County, this act shall be the

11  subject of a referendum submitted to the voters of Miami-Dade

12  County at the general election to be held in November 2003 and

13  shall take effect only upon approval by a majority of the

14  electors of Miami-Dade County voting in such referendum;

15  except that this section shall take effect upon becoming law.

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