Senate Bill sb0022Ee1
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SB 22-E First Engrossed
1 A bill to be entitled
2 An act relating to the Miami-Dade County Home
3 Rule Charter; amending the Miami-Dade County
4 Home Rule Charter; providing additional powers
5 of the Board of County Commissioners;
6 specifying thirteen County Commission
7 districts; requiring the Board to adopt certain
8 reapportionment plan development procedures;
9 providing for salaries of County Commissioners;
10 providing for an acting County Mayor under
11 certain circumstances; providing requirements;
12 specifying powers and duties of the County
13 Commission; creating the office of County
14 Mayor; providing for election of the County
15 Mayor; specifying powers and responsibilities
16 of the County Mayor; providing for Deputy
17 County Mayors; requiring the County Commission
18 to annually appropriate funds to the Executive
19 Office of the County Mayor for certain
20 purposes; revising provisions for election and
21 terms of County Commissioners; providing for
22 nonpartisan election of a County Supervisor of
23 Elections; providing for powers and duties of
24 the County Supervisor of Elections; providing
25 for disqualification of certain persons to vote
26 or hold office; specifying term limits for
27 County Mayor and County Commissioners;
28 providing for a County Comptroller; providing
29 for functions, qualifications, powers, and
30 duties of the County Comptroller; specifying
31 restrictions relating to the Office of the
1
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SB 22-E First Engrossed
1 County Comptroller; revising the administrative
2 organization and procedures of the county;
3 specifying service offices associated with
4 Deputy County Mayors; specifying departments
5 within such service offices; providing for
6 financial planning by the Executive Office of
7 the County Mayor; providing requirements;
8 providing for county civil service; providing
9 for the Office of County Attorney; providing
10 for demographic, policy, and planning
11 functions; abolishing the office of County
12 Manager and transferring to the County Mayor
13 the powers, duties, functions, and
14 responsibilities of the County Manager;
15 revising certain other provisions to conform;
16 providing severability for charter provisions;
17 providing severability; providing for a
18 referendum to be called by the Board of County
19 Commissioners of Miami-Dade County; specifying
20 the form of the ballot question on the
21 referendum; providing for effect upon
22 referendum approval; providing an effective
23 date.
24
25 Be It Enacted by the Legislature of the State of Florida:
26
27 Section 1. The Miami-Dade County Home Rule Charter is
28 amended to read:
29
30 MIAMI-DADE DADE COUNTY HOME RULE CHARTER
31
2
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SB 22-E First Engrossed
1 PREAMBLE
2
3 We, the people of this County, in order to secure for
4 ourselves the benefits and responsibilities of home rule, to
5 create a metropolitan government to serve our present and
6 future needs, and to endow our municipalities with the rights
7 of self determination in their local affairs, do under God
8 adopt this home rule Charter.
9
10 CITIZENS' BILL OF RIGHTS
11
12 A. This government has been created to protect the
13 governed, not the governing. In order to provide the public
14 with full and accurate information, to promote efficient
15 administrative management, to make government more
16 accountable, and to insure to all persons fair and equitable
17 treatment, the following rights are guaranteed:
18 1. Convenient Access. Every person has the right to
19 transact business with the County and the municipalities with
20 a minimum of personal inconvenience. It shall be the duty of
21 the County Manager and the Commission, the County Mayor, the
22 County Comptroller, and the Supervisor of Elections to
23 provide, within the County's budget limitations, reasonably
24 convenient times and places for registration and voting, for
25 required inspections, and for transacting business with the
26 County.
27 2. Truth in Government. No County or municipal
28 official or employee shall knowingly furnish false information
29 on any public matter, nor knowingly omit significant facts
30 when giving requested information to members of the public.
31
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SB 22-E First Engrossed
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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SB 22-E First Engrossed
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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SB 22-E First Engrossed
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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SB 22-E First Engrossed
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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SB 22-E First Engrossed
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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SB 22-E First Engrossed
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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SB 22-E First Engrossed
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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SB 22-E First Engrossed
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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SB 22-E First Engrossed
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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SB 22-E First Engrossed
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
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SB 22-E First Engrossed
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 27. Remove the County Comptroller for cause subject to
30 the County Commission's conducting a public hearing on the
31 matter. An affirmative vote of not less than two-thirds of
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SB 22-E First Engrossed
1 those County Commissioners then in office shall be required to
2 remove the County Comptroller.
3 B. No enumeration of powers in this Charter shall be
4 deemed exclusive or restrictive and the foregoing powers shall
5 be deemed to include all implied powers necessary and proper
6 to carrying out such powers. All of these powers may be
7 exercised in the incorporated and unincorporated areas,
8 subject to the procedures herein provided in certain cases
9 relating to municipalities.
10 C. The Board shall have the power of eminent domain
11 and the right to condemn property for public purposes. The
12 Board shall make fair and just compensation for any properties
13 acquired in the exercise of its powers, duties, or functions.
14 The Board shall also provide for the acquisition or transfer
15 of property, the payment, assumption, or other satisfaction of
16 the debts, and the protection of pension rights of affected
17 employees of any governmental unit which is merged,
18 consolidated, or abolished or whose boundaries are changed or
19 functions or powers transferred.
20 D. The Board shall be entitled to levy in the
21 unincorporated areas all taxes authorized to be levied by
22 municipalities and to receive from the state any revenues
23 collected in the unincorporated areas on the same basis as
24 municipalities.
25 SECTION 1.02. RESOLUTIONS AND ORDINANCES.
26 A. The Board shall adopt its own rules of procedure
27 and shall decide which actions of the Board shall be by
28 ordinance or resolution, except as otherwise provided in this
29 Charter and except that any action of the Board which provides
30 for raising revenue, appropriating funds, or incurring
31 indebtedness (other than refunding indebtedness), or which
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SB 22-E First Engrossed
1 provides a penalty or establishes a rule or regulation for the
2 violation of which a penalty is imposed shall be by ordinance.
3 B. Every ordinance shall be introduced in writing and
4 shall contain a brief title. The enacting clause shall be "Be
5 it Ordained by the Board." After passage on first reading, a
6 short summary of the ordinance shall be published in a daily
7 newspaper of general circulation at least once together with a
8 notice of the time when and place where it will be given a
9 public hearing and be considered for final passage. The first
10 such publication shall be at least one week prior to the time
11 advertised for hearing. No ordinance shall be declared invalid
12 by reason of any defect in publication or title if the
13 published summary gives reasonable notice of its intent.
14 C. At the time and place so advertised, or at any time
15 and place to which such public hearing may from time to time
16 be adjourned, the ordinance shall be read by title and a
17 public hearing shall be held. After the hearing, the Board may
18 pass the ordinance with or without amendment.
19 D. The Board may adopt in whole or in part any
20 published code by reference as an ordinance in the manner
21 provided by law.
22 E. The effective date of any ordinance shall be
23 prescribed therein, but the effective date shall not be
24 earlier than ten days after its enactment.
25 F. To meet a public emergency affecting life, health,
26 property, or public safety the Board by two-thirds vote of the
27 members of the Board may adopt an emergency ordinance at the
28 meeting at which it is introduced, and may make it effective
29 immediately, except that no such ordinance may be used to levy
30 taxes, grant or extend a franchise, or authorize the borrowing
31 of money. After the adoption of an emergency ordinance, the
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SB 22-E First Engrossed
1 Board shall have it published in full within ten days in a
2 daily newspaper of general circulation.
3 G. Each ordinance and resolution after adoption shall
4 be given a serial number and shall be entered by the clerk in
5 a properly indexed record kept for that purpose.
6 H. Within two years after adoption of this Charter the
7 Board shall maintain have prepared a general codification of
8 all county ordinances and resolutions having the effect of
9 law. The general codification thus prepared shall be adopted
10 by the Board in a single ordinance. After adoption the Board
11 shall have the codification printed immediately in an
12 appropriate manner together with the Charter and such rules
13 and regulations as the Board may direct. Additions or
14 amendments to the code shall be prepared, adopted, and printed
15 at least every two years.
16 SECTION 1.03. DISTRICTS.
17 A. There shall be thirteen eight County Commission
18 districts. The initial boundaries of these districts shall be
19 as shown on the map attached as Exhibit A and made a par
20 thereof.
21 Note: There are thirteen County Commission districts.
22 Meek v. Metropolitan Dade County, 908 F.2d 1540 (11th Cir.
23 1990), opinion after remand, 985 F.2d 1471 (11th Cir.1993).
24 B. The Board may by ordinance adopted by two-thirds
25 vote of the members of the Board change the boundaries of the
26 districts from time to time. The boundaries shall be fixed on
27 the basis of the character, population, and geography of the
28 districts.
29 C. The Board of County Commissioners shall adopt
30 procedures for the development of reapportionment plans
31 similar to the standards used by the Florida Legislature.
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SB 22-E First Engrossed
1 SECTION 1.04. COMPOSITION OF THE COMMISSION.
2 The Commission shall consist of thirteen nine members
3 elected as follows:
4 The qualified electors residing within each of the 13
5 districts shall elect From each of the eight districts there
6 shall be elected by the qualified electors of the county at
7 large a County Commissioner who shall be a qualified elector
8 residing within the district for at least 1 year six months
9 and within the county at least three years before qualifying.
10 Commencing with the election of Mayor in 1996, the Commission
11 shall consist of eight members. Beginning with the state
12 primary elections in 1968, the Mayor and each Commissioner
13 shall be elected for a term of four years.
14 Note: The Commission consists of thirteen members
15 elected from districts. Meek v.
16 Metropolitan Dade County, 908 F.2d 1540 (11th Cir.
17 1990), opinion after remand,985 F.2d 1471 (11th Cir. 1993).
18 SECTION 1.05. FORFEITURE OF OFFICE.
19 C. Any appointed official or employee of Dade County
20 who qualifies as a candidate for election to any federal,
21 state, county, or municipal office shall immediately take a
22 leave of absence from his or her county position until the
23 date of the election and shall, if elected, immediately
24 forfeit his or her county position. If the candidate is not
25 elected, he or she shall immediately be reinstated to his or
26 her former position.
27 SECTION 1.06. SALARY.
28 Each member of the Board of County Commissioners
29 Commissioner shall be paid receive a salary the amount of
30 which shall be determined and established in accordance with
31 compensation prescribed for legislators of this state. Each
18
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SB 22-E First Engrossed
1 County Commissioner of $6,000 per year payable monthly and
2 shall be entitled to be reimbursed for such reasonable and
3 necessary expenses as may be approved by the Board.
4 SECTION 1.07. VACANCIES.
5 A. Any vacancy on in the office of Mayor or the other
6 members of the Board of County Commissioners, other than a
7 vacancy created by the expiration of a member's term, shall be
8 filled by majority vote of the remaining members of the Board
9 within 30 days, or the Board shall call an election to be held
10 not more than 45 days thereafter to fill the vacancy. The
11 person chosen to fill the office vacated must at the time of
12 appointment meet the residence requirements for the office to
13 which such person is appointed. A person appointed shall serve
14 only until the next county-wide election. A person elected
15 shall serve for the remainder of the unexpired term of office.
16 If a majority of the members of the Board should become
17 appointed rather than elected to office, then the Board shall
18 call an election to be held not more than 45 days thereafter
19 to permit the registered electors to elect commissioners to
20 succeed the appointed commissioners; appointed commissioners
21 may succeed themselves unless otherwise prohibited by the
22 Charter. If a county-wide election is scheduled to be held
23 within 180 days from the date on which the majority of the
24 members of the Board become appointive, the Board may elect to
25 defer the required election until the scheduled county-wide
26 election.
27 B. Upon the creation of a vacancy in the Office of the
28 County Mayor, the Chairperson of the County Commission shall
29 be appointed by the Board as the Acting County Mayor until a
30 new County Mayor is selected by a special election. The
31 Vice-Chairperson of the County Commission shall assume the
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SB 22-E First Engrossed
1 Chairmanship on the Board as the interim Chairperson. A
2 special election shall be held within 90 days to fill the
3 vacancy. If the Acting County Mayor chooses to run for County
4 Mayor, he or she shall relinquish his or her position as
5 Chairperson of the County Commission and a special election
6 shall be held for that Commission seat on the same date as the
7 special election for County Mayor. If the Acting County Mayor
8 chooses not to run for County Mayor, he or she shall return to
9 the position of Chairperson once a new County Mayor has been
10 elected.
11 SECTION 1.08. ORGANIZATION OF THE COMMISSION.
12 A. Commencing with the election of Mayor in 1996, The
13 County Mayor shall not be a member of the Commission. The
14 County Commission shall elect a Chairperson and a
15 Vice-Chairperson from its number by a majority vote. The
16 Chairperson of the Commission shall serve as the presiding
17 officer of the legislative branch of county government for a
18 term of 2 years. The Chairperson, in addition to the powers
19 and duties provided elsewhere in this Charter, shall have the
20 specific powers and duties to:
21 (1) Serve as the presiding officer of the Commission.
22 (2) Sign ordinances, resolutions, and other
23 legislative documents for the Commission.
24 (3) Schedule Commission meetings.
25 (4) Preside over the committee charged with reviewing
26 nominations submitted by the County Mayor for the positions of
27 Deputy County Mayor and Chief of Police.
28 (5) Establish, with the approval of the Commission,
29 standing committees and rules of procedure to govern Board
30 meetings.
31
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SB 22-E First Engrossed
1 (6) Appoint the members of all standing committees and
2 the chairperson of each standing committee.
3
4 Such powers are not subject to veto by the County Mayor. The
5 Mayor shall be the presiding officer of the Commission with
6 the authority to designate another member of the Commission to
7 serve as presiding officer.
8 B. The Clerk of the Circuit Court or a deputy shall
9 serve as clerk of the County Commission. No action of the
10 County Commission shall be taken except by a majority vote of
11 those present at a meeting at which a majority of the County
12 Commissioners then in office is present. All meetings shall be
13 public. The County Commission shall organize its own structure
14 and rules of procedure.
15
16 ARTICLE - 2
17
18 COUNTY MAYOR
19 SECTION 2.01 1.09. ELECTION OF COUNTY MAYOR.
20 There shall be elected by the qualified electors of the
21 county at large a County Mayor who shall be a qualified
22 elector residing within the county at least three years before
23 qualifying. The County Mayor shall not serve as a member of
24 the Commission.
25 SECTION 2.02 1.10. RESPONSIBILITIES OF THE COUNTY
26 MAYOR.
27 Commencing with the election of Mayor in 1996, The
28 County Mayor shall serve as head of the county government with
29 the following specific responsibilities:
30 A. The County Mayor shall within ten days after of
31 final adoption by the County Commission, have veto authority
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SB 22-E First Engrossed
1 over any legislative, quasi-judicial, zoning, master plan or
2 land use decision of the County Commission, including the
3 budget or any particular component contained therein which was
4 approved by the County Commission; provided, however, that if
5 any revenue item is vetoed, an expenditure item in the same or
6 greater dollar amount must also be vetoed. The County
7 Commission may at its next regularly scheduled meeting after
8 the veto occurs, override that veto by a two-thirds vote of
9 the Commissioners present.
10 B. When one person succeeds another in the position of
11 County Mayor, the successor shall have the right to nominate
12 persons for the position of Deputy County Mayor. There shall
13 be five Deputy County Mayors: the Deputy County Mayor of
14 Public Safety, the Deputy County Mayor of Planning and
15 Infrastructure, the Deputy County Mayor of Transportation and
16 Economic Development, the Deputy County Mayor of Human
17 Services, and the Deputy County Mayor of Governmental
18 Operations. The five Deputy County Mayor nominees shall be
19 approved by a majority vote of the County Commission appoint
20 the Manager, subject to the approval within 14 days of a
21 majority of the Commissioners then in office. The Mayor shall
22 appoint the Manager, subject to the approval within 14 days of
23 a majority of the Commissioners then in office. The Mayor may
24 remove the Manager subject to the Commission's conducting a
25 hearing within 10 days of said removal and the Commission's
26 overriding the Mayor's action by a two-thirds vote of those
27 Commissioners then in office. Additionally, the Commission by
28 a two-thirds vote of those Commissioners then in office shall
29 be able to remove the Manager.
30 C. All Deputy County Mayors shall serve at the
31 pleasure of the County Mayor. The Mayor shall appoint the
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SB 22-E First Engrossed
1 members of all standing committees and the chairperson and
2 vice-chairperson of each committee. There shall be as many
3 standing and special committees as deemed necessary by the
4 Mayor.
5 D. The County Mayor shall prepare and submit an annual
6 legislative budget request to the County Commission deliver a
7 report on the state of the county to the people of the county
8 between November 1 and January 31 annually. Such report shall
9 be prepared after consultation with the Commissioners and the
10 Manager.
11 E. The County Mayor shall prepare and deliver a
12 budgetary address annually to the people of the county between
13 July 1 and September 30. Such report shall be prepared after
14 consultation with the Manager and budget director.
15 F. Unless otherwise provided for by civil service
16 rules and regulations, the County Mayor shall have the power
17 to appoint and suspend, remove, or discharge all
18 administrative department heads of the major departments
19 reporting to the County Mayor pursuant to section 5.01. The
20 right to suspend, remove, or discharge any department head,
21 with or without cause, is reserved at all times to the County
22 Mayor.
23 G. The County Commission shall appropriate each fiscal
24 year to the Executive Office of the County Mayor sufficient
25 funds to support the following functions and operations:
26 (1) Chief Administrative Officer.
27 (2) Budget Director.
28 (3) Chief Information Officer.
29 (4) Press Secretary.
30 (5) Intergovernmental Affairs Director.
31 (6) Incorporation/Annexation Advisor.
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SB 22-E First Engrossed
1 (7) General Counsel.
2
3 ARTICLE - 3 2
4
5 ELECTIONS
6 SECTION 3.01 2.01. ELECTION AND COMMENCEMENT OF TERMS
7 OF COUNTY COMMISSIONERS.
8 A. Unless otherwise provided in the Charter, beginning
9 in 1976, the election of the Mayor and the County
10 Commissioners from four County Commission districts to be
11 selected by voluntary arrangement or by lot prior to June 1,
12 1976 shall be held at the time of the state primary elections
13 in 1976 and every four years thereafter at the same time. The
14 County Commissioners from the other four County Commission
15 districts shall also be elected in 1976 in the same manner,
16 but only for two year terms; the election of County
17 Commissioners from these four County Commission districts will
18 be held again in 1978 and every four years thereafter at the
19 time of the state primary elections.
20 Note: The election of the County Commissioners from
21 even-numbered districts shall be held in 2002 1994 and every
22 four years thereafter and the election of County Commissioners
23 from odd-numbered districts shall be held in 2004 1996 and
24 every four years thereafter. Meek v. Metropolitan Dade County,
25 908 F.2d 1540 (11th Cir. 1990), opinion after remand, 985 F.2d
26 1471 (11th Cir. 1993).
27 B. A candidate must receive a majority of the votes
28 cast to be elected. If no candidate receives a majority of the
29 votes cast there will be a runoff election at the time of the
30 state second primary election between the two candidates
31
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SB 22-E First Engrossed
1 receiving the highest number of votes. Should a tie result,
2 the outcome shall be determined by lot.
3 C. Except as otherwise provided in this Charter, the
4 terms of office of the County Mayor and the other County
5 Commissioners shall commence on the second Tuesday next
6 succeeding the date provided for the state second primary
7 elections.
8 D. Notwithstanding any other provision of this
9 Charter, effective with the term of Mayor scheduled to
10 commence in October, 1996, no person shall be elected as Mayor
11 for more than two consecutive four-year terms. Neither service
12 as Mayor or County Commissioner prior to the terms scheduled
13 to commence in October, 1996, nor service of a partial term
14 subsequent to October, 1996, shall be considered in applying
15 the term limitation provisions of this section.
16 SECTION 3.02 2.02. SUPERVISOR OF ELECTIONS. RESERVED
17 There shall be a County Supervisor of Elections who
18 shall be elected by the electors of the county in a
19 nonpartisan election. The election and powers, duties, and
20 responsibilities of the County Supervisor of Elections shall
21 be as provided by general law.
22 SECTION 3.03 2.03. NONPARTISAN ELECTIONS.
23 All elections for County Mayor and the other members of
24 the Board of County Commissioners shall be nonpartisan and no
25 ballot shall show the party designation of any candidate. No
26 candidate shall be required to pay any party assessment or
27 state the party of which he is a member or the manner in which
28 he voted or will vote in any election.
29 SECTION 3.04 2.04. QUALIFICATIONS AND FILING FEE.
30 All candidates for the office of County Mayor or County
31 Commissioner shall qualify with the Clerk of the Circuit Court
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SB 22-E First Engrossed
1 no earlier than the 63rd day and no later than noon on the
2 49th day prior to the date of the election at which he is a
3 candidate in the method provided by law or ordinance, and
4 shall pay a filing fee of $300. All filing fees shall be paid
5 into the general funds of the county.
6 SECTION 3.05 2.05. DISQUALIFICATIONS RESERVED.
7 A. No person convicted of a felony or those mentally
8 incompetent shall be qualified to vote or hold office until
9 restoration of civil rights or removal of disability.
10 B. No person may appear for reelection as County Mayor
11 or to the County Commission if, by the end of the current term
12 of office, that person shall have served, or but for
13 resignation would have served, in that office for 8
14 consecutive years.
15 SECTION 3.06 2.06. ADDITIONAL REGULATIONS AND STATE
16 LAWS.
17 A. The Board may adopt by ordinance any additional
18 regulations governing elections not inconsistent with this
19 Charter.
20 B. Except as otherwise provided by this Charter or by
21 ordinance adopted hereunder the provisions of the election
22 laws of this state shall apply to elections held under this
23 Charter.
24 SECTION 3.07 2.07. CANVASSING ELECTIONS.
25 All elections under this Charter shall be canvassed by
26 the County Canvassing Board as provided under the election
27 laws of this state.
28
29 ARTICLE - 4 3
30
31 THE COUNTY COMPTROLLER MANAGER
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SB 22-E First Engrossed
1 SECTION 4.01 3.01. FUNCTIONS.
2 The Office of County Comptroller shall provide
3 independent oversight of all contracts, bonding, and other
4 forms of financial obligations undertaken by the County.
5 Functions presently in the office of the Inspector General and
6 various audit units are vested in this office. The office
7 shall provide for independent oversight of contract
8 compliance. Such oversight shall provide a check on the
9 effectiveness of the policy imperatives and administrative
10 actions of the County Mayor and the County Commission. The
11 County Commission shall fix the County Comptroller's
12 compensation. Commencing with the election of Mayor in 1996,
13 the Manager shall be the head of the administrative branch of
14 the county government. The Commission shall fix the Manager's
15 compensation, and the Manager shall serve as provided in
16 Section 1.10.
17 SECTION 4.02 3.02. QUALIFICATIONS.
18 A. The candidate for the position of County
19 Comptroller shall be chosen on the basis of his or her
20 academic and administrative qualifications. At the time of
21 the County Comptroller's appointment, the County Comptroller
22 need not be a resident of this state. Neither the County Mayor
23 nor any County Commissioner shall be eligible for the position
24 of County Comptroller during or within 2 years after the
25 expiration of their respective terms.
26 B. The County Commission shall create a County
27 Comptroller Nominating Committee to interview candidates for
28 the position of County Comptroller and to make nominations for
29 County Comptroller to the full County Commission. Each member
30 of the County Commission and the County Mayor shall appoint a
31 county resident to serve on the committee. Elected county
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SB 22-E First Engrossed
1 officials, employees of the county, and registered lobbyists
2 are disqualified for appointment to the County Comptroller
3 Nominating Committee. A vote of not less than 8 members of
4 the full County Commission shall be required to appoint the
5 County Comptroller.
6 Commencing with the election of Mayor in 1996, the
7 Manager shall be chosen on the basis of the Manager's
8 executive and administrative qualifications. At the time of
9 the Manager's appointment the Manager need not be a resident
10 of the state. Neither the Mayor nor any Commissioner shall be
11 eligible for the position of Manager during or within two
12 years after the expiration of their respective terms.
13 SECTION 3.03. ABSENCE OF MANAGER.
14 Commencing with the election of Mayor in 1996, the
15 Mayor, subject to the approval of the Commission, may
16 designate a qualified administrative officer of the county to
17 assume the duties and authority of the Manager during periods
18 of temporary absence or disability of the Manager.
19 SECTION 4.03 3.04. POWERS AND DUTIES.
20 A. The County Comptroller shall establish the Office
21 of the Auditor General and shall do all things necessary to
22 ensure contract and financial compliance with procurement
23 decisions made by the county and third parties in privity by
24 the County. The County Comptroller shall have staff and
25 offices necessary for the execution of these responsibilities.
26 Commencing with the election of Mayor in 1996, the Manager
27 shall be responsible for the administration of all units of
28 the county government under the Manager's jurisdiction, and
29 for carrying out policies adopted by the Commission. The
30 Manager, or such other persons as may be designated by
31 resolution of the Commission, shall execute contracts and
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SB 22-E First Engrossed
1 other instruments, sign bonds and other evidences of
2 indebtedness, and accept process.
3 B. The Office of the Inspector General shall be the
4 principal investigative arm within the Comptroller's Office.
5 The Office of Inspector General shall investigate alleged
6 violations of policy, procedures, and laws by officials,
7 employees, or third parties in privity with the County. Unless
8 otherwise provided for by civil service rules and regulations,
9 the Manager shall have the power to appoint and suspend all
10 administrative department heads of the major departments of
11 the county, to-wit: Tax Collector, Tax Assessor, Department of
12 Public Works, Department of Public Safety, Building and Zoning
13 Department, Planning Department, Finance Department, Park and
14 Recreation Department and Internal Auditing Department, except
15 that before any appointment shall become effective, the said
16 appointment must be approved by the County Commission and if
17 the same is disapproved the said appointment shall be void. In
18 the event such appointment shall be disapproved by the County
19 Commission the appointment shall forthwith become null and
20 void and thereupon the County Manager shall make a new
21 appointment or appointments, each of which shall likewise be
22 submitted for approval by the County Commission. However, the
23 right to suspend, remove or discharge any department head with
24 or without cause, is reserved at all times to the County
25 Manager.
26 C. The County Comptroller shall be the County's
27 liaison to the Commission on Ethics and Public Trust and shall
28 be responsible for funding the operations and administration
29 of the Commission on Ethics and Public Trust.
30
31
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SB 22-E First Engrossed
1 D. The County Comptroller shall submit a legislative
2 budget request delineating the resources needed to carry out
3 the functions mandated by the Charter.
4 SECTION 4.04 3.05. RESTRICTION ON OFFICE OF
5 COMPTROLLER COMMISSION MEMBERS.
6 Neither the County Mayor nor any County Commissioner
7 shall direct or request the appointment of any person to, or
8 his or her removal from, office by the County Comptroller or
9 any of the County Comptroller's subordinates. Any willful
10 violation of the provisions of this Section by the County
11 Mayor or any County Commissioner shall be grounds for his or
12 her removal from office by an action brought in the Circuit
13 Court by the State Attorney of this County. Neither the Mayor
14 nor any Commissioner shall direct or request the appointment
15 of any person to, or his or her removal from, office by the
16 Manager or any of the Manager's subordinates, or take part in
17 the appointment or removal of officers and employees in the
18 administrative services of the county. Except for the purpose
19 of inquiry, as provided in Section 1.01A(20), the Mayor and
20 Commissioners shall deal with the administrative service
21 solely through the Manager and neither the Mayor nor any
22 Commissioner shall give orders to any subordinates of the
23 Manager, either publicly or privately. Any willful violation
24 of the provisions of this Section by the Mayor or any
25 Commissioner shall be grounds for his or her removal from
26 office by an action brought in the Circuit Court by the State
27 Attorney of this county.
28
29 ARTICLE - 5 4
30
31 ADMINISTRATIVE ORGANIZATION AND PROCEDURE
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SB 22-E First Engrossed
1 SECTION 5.01 4.01. OFFICES OF THE DEPUTY COUNTY MAYORS
2 DEPARTMENTS. The County Administration shall be organized into
3 five service offices each headed by a Deputy County Mayor.
4 The County Mayor shall nominate a Deputy County Mayor for each
5 of the service offices of Public Safety, Planning and
6 Infrastructure, Transportation and Economic Development, Human
7 Services, and Governmental Operations. A majority vote of the
8 County Commission shall be required for confirmation of any
9 nominee for a Deputy County Mayor. Each Deputy County Mayor
10 shall have responsibility for a cluster of related
11 departments. Initially, the departments within the five
12 service offices shall be delineated as follows:
13 A. Within the Office of the Deputy County Mayor for
14 Public Safety, the departments of:
15 (1) Corrections and Rehabilitation.
16 (2) Emergency Management.
17 (3) Miami-Dade Fire Rescue.
18 (4) Medical Examiner.
19 (5) Miami-Dade Police.
20 (6) Youth Crime Task Force.
21 (7) Animal Control.
22 B. Within the Office of Deputy County Mayor for
23 Planning and Infrastructure:
24 (1) Department of Environmental Resources Management.
25 (2) Office of Water Management.
26 (3) Planning and Zoning.
27 (4) Public Works.
28 (5) Solid Waste.
29 (6) Water and Sewer.
30 (7) Building.
31 (8) Capital Improvement Coordination.
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SB 22-E First Engrossed
1 (9) Code Compliance.
2 (10) Parks & Recreation.
3 C. Within the Office of the Deputy County Mayor for
4 Transportation and Economic Development:
5 (1) Beacon Council.
6 (2) Chambers of Commerce.
7 (3) Community & Economic Development.
8 (4) Consumer Services.
9 (5) Empowerment Zone.
10 (6) Greater Miami Convention & Visitors Bureau.
11 (7) Metro-Miami Action Plan.
12 (8) Urban Revitalization Task Force.
13 (9) Aviation.
14 (10) Seaport.
15 (11) Transit.
16 (12) Miami-Dade Expressway Authority.
17 (13) Metropolitan Planning Organization.
18 (14) Business Development.
19 (15) Tourist Development Council.
20 D. Within the Office of the Deputy County Mayor for
21 Human Services:
22 (1) Community Action Agencies.
23 (2) Housing.
24 (3) Community Relations Bureau.
25 (4) Homeless Trust.
26 (5) Housing Finance Authority.
27 (6) Human Services.
28 (7) Public Health Trust.
29 (8) Training and Education.
30 E. Within the Office of the Deputy County Mayor for
31 Governmental Operations:
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SB 22-E First Engrossed
1 (1) Tax Collector.
2 (2) Property Appraiser.
3 (3) Team Metro.
4 (4) Art in Public Places.
5 (5) Cultural Affairs.
6 (6) Libraries.
7 (7) Museums.
8 (8) Performing Arts.
9 There shall be departments of finance, personnel,
10 planning, law, and such other departments as may be
11 established by administrative order of the Manager. All
12 functions not otherwise specifically assigned to others by
13 this Charter shall be performed under the supervision of the
14 Manager.
15 SECTION 5.02 4.02. ADMINISTRATIVE PROCEDURE.
16 The County Mayor Manager shall have the power to issue
17 and place into effect administrative orders, rules, and
18 regulations. The organization and operating procedure of
19 departments shall be set forth in administrative regulations
20 which the County Mayor Manager shall develop, place into
21 effect by administrative orders, and submit to the Board. The
22 Board may, by resolution, modify such orders, rules or
23 regulations providing, however, no such orders, rules or
24 regulations creating, merging, or combining departments, shall
25 become effective until approved by resolution of the Board.
26 SECTION 5.03 4.03. FINANCIAL PLANNING ADMINISTRATION.
27 A. The Executive Office of the County Mayor shall be
28 responsible for the department of finance shall be headed by a
29 finance director appointed by the Manager. The finance
30 director shall have charge of the financial administration
31 affairs of the county.
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SB 22-E First Engrossed
1 B. On or before the date established by law, the
2 Manager shall recommend to the Board a proposed budget
3 presenting a complete financial plan, including capital and
4 operating budgets, for the ensuing fiscal year. A summary of
5 the budget shall be published and the Board shall hold
6 hearings on and adopt a budget.
7 B. C. No money shall be drawn from the county treasury
8 nor shall any obligation for the expenditure of money be
9 incurred except pursuant to appropriation and except that the
10 Board may establish working capital, revolving, pension, or
11 trust funds and may provide that expenditures from such funds
12 can be made without specific appropriation. The Board, by
13 ordinance, may transfer any unencumbered appropriation
14 balance, or any portion thereof, from one department, fund, or
15 agency to another, subject to the provisions of ordinance. Any
16 portion of the earnings or balance of the several funds, other
17 than sinking funds for obligations not yet retired, may be
18 transferred to the general funds of the county by the Board.
19 C. D. Contracts for public improvements and purchases
20 of supplies, materials, and services other than professional
21 shall be made whenever practicable on the basis of
22 specifications and competitive bids. Formal sealed bids shall
23 be secured by the procuring agent of the county for all such
24 contracts and purchases when the transaction involves more
25 than the minimum amount established by the Board of County
26 Commissioners by ordinance. The transaction shall be evidenced
27 by written contract submitted and approved by the procuring
28 agency of the county Board. The Board, upon written
29 recommendation of the County Comptroller Manager, may by
30 resolution adopted by two-thirds vote of the members present
31 waive competitive bidding when it finds this to be in the best
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SB 22-E First Engrossed
1 interest of the county. Any contract awarded on a no-bid basis
2 must be open for formal competitive bidding within 6 months
3 after the date of the award.
4 D. E. Any county official or employee of the county
5 who has a personal special financial interest, direct or
6 indirect, in any action by the Board shall make known that
7 interest and shall refrain from voting upon or otherwise
8 participating in such transaction. Willful violation of this
9 Section shall constitute malfeasance in office, shall effect
10 forfeiture of office or position, and render the transaction
11 voidable by the Board.
12 E. F. Such officers and employees of the county as the
13 Board may designate shall give bond in the amount and with the
14 surety prescribed by the Board. The bond premiums shall be
15 paid by the county.
16 F. G. At the end of each fiscal year, the County
17 Comptroller Board shall provide for an audit by an independent
18 certified public accountant designated by the County
19 Comptroller Board of the accounts and finances of the county
20 for the fiscal year just completed.
21 H. The Budget Commission created by Chapter 21874,
22 Laws of Florida,1943, is hereby abolished, and Chapter 21874
23 shall no longer be of any effect.
24 SECTION 5.04 4.04. ASSESSMENT AND COLLECTION OF TAXES.
25 A. Beginning with the tax year 1961, the county tax
26 rolls prepared by the county shall be the only legal tax rolls
27 in this county for the assessment and collection of county and
28 municipal taxes. Thereafter no municipality shall have an
29 assessor or prepare an ad valorem tax roll. Each municipality
30 shall continue to have the right to adopt its own budget, fix
31 its own millage, and levy its own taxes. Each municipality
35
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SB 22-E First Engrossed
1 shall certify its levies to the County Mayor Manager not later
2 than 30 days after the county tax rolls have been finally
3 approved by the Board. Any municipality may obtain a copy of
4 this tax roll upon payment of the cost of preparing such a
5 copy, and copies of the tax rolls shall be available for
6 public inspection at reasonable times. Maps showing the
7 assessed valuation of each parcel of property may be prepared
8 and made available for sale to the public at a reasonable
9 price.
10 B. All county and municipal taxes for the tax year
11 beginning January 1, 1961, and all subsequent tax years, shall
12 be collected by the county on one bill prepared and sent out
13 by the county. The amounts of county and municipal taxes shall
14 be shown as separate items, and may be paid separately.
15 C. Delinquent municipal taxes shall be collected in
16 the same manner as delinquent county taxes.
17 D. All the tax revenues collected for any municipality
18 shall be returned monthly by the county to the municipality.
19 SECTION 5.05 4.05. CIVIL SERVICE DEPARTMENT OF
20 PERSONNEL.
21 A. The Board of County Commissioners shall establish
22 and maintain personnel and civil service, retirement, and
23 group insurance programs. The personnel system of the county
24 shall be based on merit principles in order to foster
25 effective career service in county employment and to employ
26 those persons best qualified for county services which they
27 are to perform.
28 B. The County Manager shall appoint a personnel
29 director who shall head the department of personnel and whose
30 duty it shall be to administer the personnel and civil service
31 programs and the rules governing them. The standards of such
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SB 22-E First Engrossed
1 programs shall not be less than those prevailing at the time
2 of the effective date of this Charter.
3 B. C. Except as provided herein, Chapter 30255,
4 General Laws, 1955, as it exists on the effective date of this
5 Charter, shall remain in effect until amended or changed by
6 ordinance of the Board of County Commissioners adopted by
7 two-thirds vote of the members present after recommendation
8 from either the Personnel Advisory Board or the County Mayor
9 Manager.
10 C. D. Employees of municipalities who, by merger,
11 transfer, or assignment of governmental units or functions
12 become county employees, shall not lose the civil service
13 rights or privileges which have accrued to them during their
14 period of employment with such municipality, and the county
15 shall use its best efforts to employ these employees within
16 the limits of their capabilities. However, if because of the
17 merger of a department or division of a municipality with the
18 county, all of the employees of such department or division
19 are unable to be employed by the county either because of lack
20 of funds or lack of work, the employee possessing the greater
21 amount of service shall be retained in accordance with civil
22 service rules and regulations. Those employees who are not
23 retained shall be placed on a priority list for employment by
24 the county subject to seniority. Any non-retained employee
25 shall have the option, if a vacancy occurs or exists in
26 another department, and if he is qualified to render the
27 service required, to either accept such employment or remain
28 on the priority list until such time as employment shall be
29 available for him in his own or similar classification.
30 D. E. The pension plan presently provided by the state
31 for county employees shall not be impaired by the Board.
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SB 22-E First Engrossed
1 Employees of municipalities, who by merger, transfer, or
2 assignment of governmental units or functions become county
3 employees shall not lose their pension rights, or any reserves
4 accrued to their benefit during their period of employment
5 with such municipality. The Board of County Commissioners
6 shall provide a method by which these employees' rights and
7 reserves shall be protected, and these employees shall
8 continue until retirement, dismissal, or death in a pension
9 status no less beneficial than the status held by them at the
10 time of merger or assignment.
11 E F. The Board of County Commissioners shall provide
12 and place into effect a practical group insurance plan for all
13 county employees.
14 SECTION 5.06 4.06. OFFICE OF COUNTY ATTORNEY
15 DEPARTMENT OF LAW.
16 There shall be a county attorney appointed by the Board
17 of County Commissioners who shall serve at the will of the
18 Board and who shall head the Office of County Attorney
19 department of law. The County Attorney He shall devote his
20 full time to the service of the county and shall serve as
21 legal counsel to the Board, Manager, and all county
22 departments, offices, and agencies, and perform such other
23 legal duties as may be assigned to the County Attorney him.
24 With the approval of the Board, the County Attorney he may
25 appoint such assistants as may be necessary in order that the
26 his duties of the County Attorney may be performed properly.
27 The Board may employ special counsel for specific needs.
28 SECTION 5.07 4.07. DEMOGRAPHIC, POLICY, AND DEPARTMENT
29 OF PLANNING.
30 The department of planning shall be headed by a
31 planning director appointed by the County Manager. The
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SB 22-E First Engrossed
1 planning director shall be qualified in the field of planning
2 by special training and experience. Under the supervision of
3 the County Mayor Manager and with the advice of the Planning
4 Advisory Board elsewhere provided for in this Charter, the
5 Office of Deputy County Mayor of Planning and Infrastructure
6 director shall among other things:
7 1. Conduct studies of county population, land use,
8 facilities, resources, and needs and other factors which
9 influence the county's development, and on the basis of such
10 studies prepare such official and other maps and reports as,
11 taken together, constitute a master plan for the welfare,
12 recreational, economic, and physical development of the
13 county.
14 2. Prepare for review by the Planning Advisory Board,
15 and for adoption by the Board of County Commissioners, zoning,
16 subdivision and related regulations for the unincorporated
17 areas of the county and minimum standards governing zoning,
18 subdivision, and related regulations for the municipalities;
19 and prepare recommendations to effectuate the master plan and
20 to coordinate the county's proposed capital improvements with
21 the master plan.
22 3. Review the municipal systems of planning, zoning,
23 subdivision, and related regulations and make recommendations
24 thereon with a view of coordinating such municipal systems
25 with one another and with those of the county.
26 SECTION 5.08 4.08. BOARDS.
27 A. The Board of County Commissioners shall by
28 ordinance create a Planning Advisory Board, a Zoning Appeals
29 Board, and such other boards as it may deem necessary,
30 prescribing in each case the number, manner of appointment,
31 length of term, and advisory or quasi-judicial duties of
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SB 22-E First Engrossed
1 members of such boards, who shall serve without compensation
2 but who may be reimbursed for necessary expenses incurred in
3 official duties, as may be determined and approved by the
4 Board of County Commissioners.
5 B. The Board of County Commissioners may by ordinance
6 provide for the expansion of the City of Miami Water and Sewer
7 Board to act as an agency county-wide in scope and authority,
8 with the power to acquire, construct and operate water and
9 sewer systems within the incorporated and the unincorporated
10 areas of Dade County, which agency shall be known as the
11 Miami-Dade Water and Sewer Authority. The Miami-Dade Water and
12 Sewer Authority shall have the responsibility to develop and
13 operate a county-wide water and sewer system for the purpose
14 of providing potable water, sewage collection and disposal and
15 water pollution abatement to the citizens of Dade County.
16 C. Miami-Dade Dade County shall retain all its powers,
17 including but not limited to that of eminent domain, in
18 relation to the creation of a county-wide water and sewer
19 system, for the purpose of cooperating with the Miami-Dade
20 Water and Sewer Authority.
21
22 ARTICLE - 6 5
23
24 MUNICIPALITIES
25 SECTION 6.01 5.01. CONTINUANCE OF MUNICIPALITIES.
26 The municipalities in the county shall remain in
27 existence so long as their electors desire. No municipality in
28 the county shall be abolished without approval of a majority
29 of its electors voting in an election called for that purpose.
30 The right of self determination in local affairs is reserved
31
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SB 22-E First Engrossed
1 and preserved to the municipalities except as otherwise
2 provided in this Charter.
3 SECTION 6.02 5.02. MUNICIPAL POWERS.
4 Each municipality shall have the authority to exercise
5 all powers relating to its local affairs not inconsistent with
6 this Charter. Each municipality may provide for higher
7 standards of zoning, service, and regulation than those
8 provided by the Board of County Commissioners in order that
9 its individual character and standards may be preserved for
10 its citizens.
11 SECTION 6.03 5.03. MUNICIPAL CHARTERS.
12 A. Except as provided in Section 6.04 5.04, any
13 municipality in the county may adopt, amend, or revoke a
14 charter for its own government or abolish its existence in the
15 following manner. Its governing body shall, within 120 days
16 after adopting a resolution or after the certification of a
17 petition of ten percent of the qualified electors of the
18 municipality, draft or have drafted by a method determined by
19 municipal ordinance a proposed charter amendment, revocation,
20 or abolition which shall be submitted to the electors of the
21 municipalities. Unless an election occurs not less than 60 nor
22 more than 120 days after the draft is submitted, the proposal
23 shall be submitted at a special election within that time. The
24 governing body shall make copies of the proposal available to
25 the electors not less than 30 days before the election.
26 Alternative proposals may be submitted. Each proposal approved
27 by a majority of the electors voting on such proposal shall
28 become effective at the time fixed in the proposal.
29 B. All municipal charters, amendments thereto, and
30 repeals thereof shall be filed with the Clerk of the Circuit
31 Court.
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SB 22-E First Engrossed
1 SECTION 6.04 5.04. CHANGES IN MUNICIPAL BOUNDARIES.
2 A. The Office of Deputy County Mayor of Planning and
3 Infrastructure director shall study municipal boundaries with
4 a view to recommending their orderly adjustment, improvement,
5 and establishment. Proposed boundary changes may be initiated
6 by the Planning Advisory Board, the Board of County
7 Commissioners, the governing body of a municipality, or by a
8 petition of any person or group concerned.
9 B. The Board of County Commissioners, after obtaining
10 the approval of the municipal governing bodies concerned,
11 after hearing the recommendations of the Planning Advisory
12 Board, and after a public hearing, may by ordinance effect
13 boundary changes, unless the change involves the annexation or
14 separation of an area of which more than 250 residents are
15 electors, in which case an affirmative vote of a majority of
16 those electors voting shall also be required. Upon any such
17 boundary change any conflicting boundaries set forth in the
18 charter of such municipality shall be considered amended.
19 C. No municipal boundary shall be altered except as
20 provided by this Section.
21 SECTION 6.05 5.05. CREATION OF NEW MUNICIPALITIES.
22 The Board of County Commissioners and only the Board
23 may authorize the creation of new municipalities in the
24 unincorporated areas of the county after hearing the
25 recommendations of the Planning Advisory Board, after a public
26 hearing, and after an affirmative vote of a majority of the
27 electors voting and residing within the proposed boundaries.
28 The Board of County Commissioners shall appoint a charter
29 commission, consisting of five electors residing within the
30 proposed boundaries, who shall propose a charter to be
31 submitted to the electors in the manner provided in Section
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SB 22-E First Engrossed
1 6.03 5.03. The new municipality shall have all the powers and
2 rights granted to or not withheld from municipalities by this
3 Charter and the Constitution and general laws of the State of
4 Florida. Notwithstanding any provision of this Charter to the
5 contrary, with regard to any municipality created after
6 September 1, 2000, the pre-agreed conditions between the
7 County and the prospective municipality which are included in
8 the municipal charter may only be changed if approved by an
9 affirmative vote of two-thirds of the members of the Board of
10 County Commissioners then in office, prior to a vote of
11 qualified municipal electors.
12 SECTION 6.06 5.06. CONTRACTS WITH OTHER UNITS OF
13 GOVERNMENT.
14 Every municipality in this county shall have the power
15 to enter into contracts with other governmental units within
16 or outside the boundaries of the municipality or the county
17 for the joint performance or performance by one unit in behalf
18 of the other of any municipal function.
19 SECTION 6.07 5.07. FRANCHISE AND UTILITY TAXES.
20 Revenues realized from franchise and utility taxes
21 imposed by municipalities shall belong to municipalities.
22
23 ARTICLE - 7 6
24
25 PARKS, AQUATIC PRESERVES, AND PRESERVATION LANDS
26 Note: This Article does not apply to municipal property
27 in Coral Gables, Hialeah, Hialeah Gardens, Miami, Sweetwater
28 and West Miami. See Section 6.04.
29 SECTION 7.01 6.01. POLICY.
30 Parks, aquatic preserves, and lands acquired by the
31 County for preservation shall be held in trust for the
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SB 22-E First Engrossed
1 education, pleasure, and recreation of the public and they
2 shall be used and maintained in a manner which will leave them
3 unimpaired for the enjoyment of future generations as a part
4 of the public's irreplaceable heritage. They shall be
5 protected from commercial development and exploitation and
6 their natural landscape, flora and fauna, and scenic beauties
7 shall be preserved. In lands acquired by the County for
8 preservation and in parks along the Ocean or the Bay the
9 public's access to and view of the water shall not be
10 obstructed or impaired by buildings or other structures or
11 concessions which are in excess of 1500 square feet each.
12 Adequate maintenance shall be provided.
13 SECTION 7.02 6.02. RESTRICTIONS AND EXCEPTIONS.
14 In furtherance of this policy parks shall be used for
15 public park purposes only, and subject to the limited
16 exceptions set forth in this Article, there shall be no
17 permanent structures or private commercial advertising erected
18 in a public park or private commercial use of a public park or
19 renewals, expansions, or extensions of existing leases,
20 licenses, or concessions to private parties of public park
21 property, unless each such structure, lease, license, renewal,
22 expansion, extension, concession or use shall be approved by a
23 majority vote of the voters in a County-wide referendum.
24 Nothing in this Article shall prevent any contract with
25 federally tax-exempt not-for-profit youth, adult, and senior
26 cultural, conservation and parks and recreation program
27 providers. To ensure aquatic preserves, lands acquired by the
28 County for preservation, and public parks or parts thereof
29 which are nature preserves, beaches, natural forest areas,
30 historic or archeological areas, or otherwise possess unique
31 natural values in their present state, such as Matheson
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SB 22-E First Engrossed
1 Hammock, Greynolds Park, Redlands Fruit and Spice Park,
2 Castellow Hammock, Crandon Park, Trail Glades Park, Deering
3 Estate Park, Pine Shore Park, Old Cutler Hammock, Chapman
4 Field, Tamiami Pinelands, Wainright Park, Larry and Penny
5 Thompson Park, Whispering Pines Hammock, Mangrove Preserve,
6 Owaissa Bauer Park, Fuchs Hammock, Black Point Marina, Simpson
7 Park, Sewell Park, Barnes Park, Virginia Key, mangrove
8 preserves, and all other natural or historical resource based
9 parks do not lose their natural or historical values, any
10 structure, lease, license, renewal, extension, concession or
11 use in any of this class of public parks or in aquatic
12 preserves and preservation lands must be approved by an
13 affirmative vote of two-thirds of the voters in a County-wide
14 referendum. No park shall be designed to be used beyond its
15 appropriate carrying capacity and to the extent required by
16 law all parks and facilities and permitted special events and
17 concessions operating in the parks shall be fully accessible
18 to persons with disabilities. Nothing in this Article shall
19 prevent the maintenance of existing facilities, the
20 maintenance, operation, and renovation of existing golf course
21 and marina restaurants at their existing square footage by
22 government agencies or private operators, provided such
23 private operators are chosen as a result of competitive
24 selection and their initial contract terms are limited to no
25 more than ten years, or the construction, operation,
26 maintenance, and repair by government agencies or private
27 operators of or issuance of temporary permits for:
28 A. Appropriate access roads, bridges, fences,
29 lighting, flag poles, entrance features, picnic shelters,
30 tables, grills, benches, irrigation systems, walls, erosion
31 control devices, utilities, trash removal, parking and
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SB 22-E First Engrossed
1 security and fire facilities for the primary use of the park
2 system;
3 B. Food and concession facilities each not in excess
4 of 1500 square feet of enclosed space, with any complementary
5 outdoor or covered areas needed to service park patrons;
6 C. User-participation non-spectator recreation and,
7 playground facilities, golf courses and golf-course related
8 facilities, and bandstands and bandshells containing less than
9 1,000 spectator seats and athletic facilities, sports fields
10 and arenas containing less than 3,000 spectator seats;
11 D. Facilities for marinas, sightseeing and fishing
12 boats, visiting military vessels, and fishing;
13 E. Park signage and appropriate plaques and monuments;
14 F. Rest rooms;
15 G. Fountains, gardens, and works of art;
16 H. Park service facilities, senior, day care and
17 pre-school facilities, small nature centers with not more than
18 one classroom;
19 I. Film permits, temporary fairs, art exhibits,
20 performing arts, concerts, cultural and historic exhibitions,
21 regattas, athletic contests and tournaments, none of which
22 require the erection of permanent structures;
23 J. Advertising in connection with sponsorship of
24 events or facilities in the park, provided however all such
25 facilities and uses are compatible with the particular park
26 and are scheduled so that such events do not unreasonably
27 impair the public use of the park or damage the park.
28 K. Programming partnerships with qualified federally
29 tax exempt not-for-profit youth, adult, and senior cultural,
30 conservation, and parks and recreation program providers;
31
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SB 22-E First Engrossed
1 L. Agreements with cable, internet, telephone,
2 electric or similar service providers or utilities, so long as
3 any installations are underground or do not adversely impact
4 natural resources, or parks facilities and uses. No park
5 facilities, golf courses, or County lands acquired for
6 preservation shall be converted to or used for non-park
7 offices, purposes, or uses. The County, the municipalities,
8 and agencies or groups receiving any public funding shall not
9 expend any public money or provide any publicly funded
10 services in kind to any project which does not comply with
11 this Article. No building permit or certificate of occupancy
12 shall be issued for any structure in violation of this
13 Article. The restrictions applying to parks in this Article
14 shall not apply to the Dade County Youth Fair site, Metro Zoo,
15 Tamiami Stadium, Haulover Fishing Pier, the Dade County
16 Auditorium, the Museum of Science, the Gold Coast Railroad
17 Museum, Vizcaya Museum and Gardens, Trail Glade Range, the
18 Orange Bowl, the Commodore Ralph Munroe Marine Stadium, the
19 Seaquarium, Curtis Park track and stadium, Fairchild Tropical
20 Gardens, and mini and neighborhood parks except that no mini
21 or neighborhood park may be leased or disposed of unless a
22 majority of the residents residing in voting precincts any
23 part of which is within 1 mile of the park authorize such sale
24 or lease by majority vote in an election.
25 SECTION 7.03 6.03. ENFORCEMENT AND CONSTRUCTION.
26 All elections required by this Article shall be held
27 either in conjunction with state primary or general elections
28 or as part of bond issue elections. The provisions of this
29 Article may be enforced in the same manner as provided in
30 Section (C) of the Citizens' Bill of Rights of this Charter.
31 The provisions of this Article shall be liberally construed in
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SB 22-E First Engrossed
1 favor of the preservation of all park lands, aquatic
2 preserves, and preservation lands. If any provision of this
3 Article shall be declared invalid it shall not affect the
4 validity of the remaining provisions of this Article. This
5 Article shall not be construed to illegally impair any
6 previously existing valid written contractual commitments or
7 bids or bonded indebtedness.
8 SECTION 7.04 6.04. JURISDICTION.
9 Except as otherwise provided herein the provisions of
10 this Article shall apply to all County and municipal parks,
11 aquatic preserves, and lands acquired by the County for
12 preservation now in existence or hereafter acquired, provided
13 that if this Article was not favorably voted upon by a
14 majority of the voters voting in any municipality at the time
15 of the adoption of this Article the municipal parks of such
16 municipality shall be excluded from the provisions of this
17 Article.
18
19 ARTICLE - 8 7
20
21 INITIATIVE, REFERENDUM, AND RECALL
22 SECTION 8.01 7.01. INITIATIVE AND REFERENDUM.
23 The electors of the county shall have the power to
24 propose to the Board of County Commissioners passage or repeal
25 of ordinances and to vote on the question if the Board refuses
26 action, according to the following procedure:
27 1. The person proposing the exercise of this power
28 shall submit the proposal to the Board which shall without
29 delay approve as to form a petition for circulation in one or
30 several copies as the proposer may desire.
31
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SB 22-E First Engrossed
1 2. The person or persons circulating the petition
2 shall, within 60 days of the approval of the form of the
3 petition, obtain the valid signatures of voters in the county
4 in numbers at least equal to four percent of the registered
5 voters in the county on the day on which the petition is
6 approved, according to the official records of the County
7 Supervisor of Elections. In determining the sufficiency of the
8 petition, no more than 25 percent of the valid signatures
9 required shall come from voters registered in any single
10 county commission district. Each signer of a petition shall
11 place thereon, after his name, the date, and his place of
12 residence or precinct number. Each person circulating a copy
13 of the petition shall attach to it a sworn affidavit stating
14 the number of signers and the fact that each signature was
15 made in the presence of the circulator of the petition.
16 3. The signed petition shall be filed with the Board
17 which shall within 30 days order a canvass of the signatures
18 thereon to determine the sufficiency of the signatures. If the
19 number of signatures is insufficient or the petition is
20 deficient as to form or compliance with this Section, the
21 Board shall notify the person filing the petition that the
22 petition is insufficient and has failed.
23 4. The Board shall within 30 days after the date a
24 sufficient petition is presented either:
25 (a) Adopt the ordinance as submitted in an initiatory
26 petition or repeal the ordinance referred to by a referendary
27 petition, or
28 (b) Submit the proposal to the electors in impartial
29 and concise language and in such manner as provides a clear
30 understanding of the proposal.
31
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SB 22-E First Engrossed
1 5. If the Board determines to submit the proposal to
2 the electors, the election shall be held either:
3 (a) In the next scheduled county-wide election, or
4 (b) If the petition contains the valid signatures in
5 the county in numbers at least equal to eight percent of the
6 registered voters in the county, the election shall take place
7 within 120 days after the date the petition is presented to
8 the Board, preferably in an election already scheduled for
9 other purposes, otherwise in a special election. The result
10 shall be determined by a majority vote of the electors voting
11 on the proposal.
12 6. An ordinance proposed by initiatory petition or the
13 repeal of an ordinance by referendary petition shall be
14 effective on the day after the election, except that:
15 (a) Any reduction or elimination of existing revenue
16 or any increase in expenditures not provided for by the
17 current budget or by existing bond issues shall not take
18 effect until the beginning of the next succeeding fiscal year;
19 and
20 (b) Rights accumulated under an ordinance between the
21 time a certified referendary petition against the ordinance is
22 presented to the Board and the repeal of the ordinance by the
23 voters, shall not be enforced against the county; and
24 (c) Should two or more ordinances adopted at the same
25 election have conflicting provisions, the one receiving the
26 highest number of votes shall prevail as to those provisions.
27 7. An ordinance adopted by the electorate through
28 initiatory proceedings shall not be amended or repealed by the
29 Board for a period of one year after the election at which it
30 was adopted, but thereafter it may be amended or repealed like
31 any other ordinance.
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SB 22-E First Engrossed
1 SECTION 8.02 7.02. RECALL.
2 Any member of the Board of County Commissioners or the
3 County Mayor Sheriff or any Constable may be removed from
4 office by the electors of the county, district, or
5 municipality by which the officeholder he was chosen. The
6 procedure on a recall petition shall be identical with that
7 for an initiatory or referendary petition, except that:
8 1. The Clerk of the Circuit Court shall approve the
9 form of the petition.
10 2. The person or persons circulating the petition must
11 obtain signatures of electors of the county, district, or
12 municipality concerned in numbers at least equal to four
13 percent of the registered voters in the county district or
14 municipality on the day on which the petition is approved,
15 according to the official records of the County Supervisor of
16 Elections.
17 3. The signed petition shall be filed with and
18 canvassed and certified by the Clerk of the Circuit Court.
19 4. The Board of County Commissioners must provide for
20 a recall election not less than 45 nor more than 90 days after
21 the certification of the petition.
22 5. The question of recall shall be placed on the
23 ballot in a manner that will give the elector a clear choice
24 for or against the recall. The result shall be determined by a
25 majority vote of the electors voting on the question.
26 6. If the majority is against recall the officer shall
27 continue in office under the terms of his previous election.
28 If the majority is for recall he shall, regardless of any
29 defect in the recall petition, be deemed removed from office
30 immediately.
31
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SB 22-E First Engrossed
1 7. No recall petition against such an officer shall be
2 certified within one year after he takes office nor within one
3 year after a recall petition against him is defeated.
4 8. Any vacancy created by recall in the offices of
5 Sheriff or Constables shall be filled for the remaining term
6 by appointment by the Board of County Commissioners, or the
7 Board may require the office to be filled at the next regular
8 election or at a special election called for that purpose.
9
10 ARTICLE - 9 8
11
12 GENERAL PROVISIONS
13 SECTION 9.01 8.01. ABOLITION OF CERTAIN OFFICES AND
14 TRANSFER OF FUNCTIONS.
15 A. On (this date is to be established) May 1, 1958,
16 the following offices are hereby abolished and the powers and
17 functions of such offices are hereby transferred to the County
18 Mayor Manager who shall provide for the continuation of all
19 the duties and functions of these offices required under the
20 Constitution and general laws of this state: County Property
21 Appraiser Assessor of Taxes, County Tax Collector, County
22 Surveyor, and County Purchasing Agent, and County Supervisor
23 of Registration.
24 B. The County Mayor Manager may delegate to suitable
25 persons the powers and functions of such officers, provided
26 however that until the term of office for which they were
27 elected shall terminate the County Assessor of Taxes, the
28 County Tax Collector, the County Supervisor of Registration,
29 and the County Purchasing Agent shall each if he so desires
30 remain in his position and receive the same salary as
31 presently provided for by statute.
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SB 22-E First Engrossed
1 C. In the event that other elective officers are
2 abolished by the Board, the Board shall provide that any
3 person duly elected to such office shall if he so desires
4 remain in the same or similar position and receive the same
5 salary for the remainder of the term for which he was elected,
6 and shall provide for the continuation of all duties and
7 functions of these offices required under the Constitution and
8 general laws.
9 C. D. On said date November 9, 1966, the Office of
10 Director of Public Safety Sheriff is hereby abolished and the
11 powers and functions of such office are hereby transferred to
12 the County Mayor Manager, who shall provide for the
13 continuation of all the duties and functions of this office
14 required under the Constitution and general laws of this
15 state. The County Mayor Manager may delegate to a suitable
16 person or persons the powers and functions of such officer.
17 Section 1.01A(19)(a) of this Charter is amended by deleting
18 the word "Sheriff" and subsections (b) and (c) are repealed.
19 D. On said date, the Office of County Manager is
20 abolished and the powers and functions of such office are
21 hereby transferred to the County Mayor, except the duties and
22 functions of the Office of the County Comptroller listed under
23 Article 4.
24 E. On said date, the Office of the County Supervisor
25 of Registration is abolished and the powers and functions of
26 such office are hereby transferred to the County Supervisor of
27 Elections who shall provide for the continuation of all the
28 duties and functions of such office required under the
29 Constitution and general laws of this state as provided in
30 Section 3.02.
31 SECTION 9.02 8.02. RESERVED.
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SB 22-E First Engrossed
1 SECTION 9.03 8.03. TORT LIABILITY.
2 The county shall be liable in actions of tort to the
3 same extent that municipalities in the State of Florida are
4 liable in actions in tort. However, No suit shall be
5 maintained against the county for damages to persons or
6 property or for wrongful death arising out of any tort unless
7 written notice of claim shall first have been given to the
8 county in the manner and within the time provided by
9 ordinance, except that the time fixed by ordinance for notice
10 shall be not less than 30 days nor more than 120 days.
11 Note: Waiver of County's tort immunity held
12 unconstitutional in Kaulakisv. Boyd, Fla. 1962, 138 So.2d 505.
13 SECTION 9.04 8.04. SUPREMACY CLAUSE.
14 A. This Charter and the ordinances adopted hereunder
15 shall in cases of conflict supersede all municipal charters
16 and ordinances, except as herein provided, and where
17 authorized by the Constitution, shall in cases of conflict
18 supersede all special and general laws of the state.
19 B. All other special and general laws and county
20 ordinances and rules and regulations not inconsistent with
21 this Charter shall continue in effect until they are
22 superseded by ordinance adopted by the Board pursuant to this
23 Charter and the Constitution.
24 SECTION 9.05 8.05. EXISTING FRANCHISES, CONTRACTS, AND
25 LICENSES.
26 All lawful franchises, contracts, and licenses in force
27 on the effective date of this Charter shall continue in effect
28 until terminated or modified in accordance with their terms or
29 in the manner provided by law or this Charter.
30 SECTION 9.06 8.06. EFFECT OF THE CHARTER.
31
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SB 22-E First Engrossed
1 A. This Charter shall be liberally construed in aid of
2 its declared purpose, which is to establish effective home
3 rule government in this county responsive to the people. If
4 any Article, Section, subsection, sentence, clause, or
5 provision of this Charter or the application thereof shall be
6 held invalid for any reason, the remainder of the Charter and
7 of any ordinances or regulations made thereunder shall remain
8 in full force and effect.
9 B. Nothing in this Charter shall be construed to limit
10 or restrict the power and jurisdiction of the Florida Railroad
11 and Public Utilities Commission.
12 SECTION 9.07 8.07. AMENDMENTS.
13 A. Amendments to this Charter may be proposed by a
14 resolution adopted by the Board of County Commissioners or by
15 petition of electors numbering not less than ten percent of
16 the total number of electors registered in Dade County at the
17 time the petition is submitted to the Board. Initiatory
18 petitions shall be certified in the manner required for
19 initiatory petitions for an ordinance.
20 B. Amendments to this Charter may be proposed by
21 initiatory petitions of electors biennially, only during even
22 numbered years in which state primary and general elections
23 are held. All elections on charter amendments proposed by
24 initiatory petitions shall be held in conjunction with state
25 primary or general elections, unless the Board of County
26 Commissioners shall determine to call a special election by
27 two-thirds vote of the entire membership.
28 C. Amendments to this Charter may be proposed by the
29 Board of County Commissioners at any time. Elections on
30 charter amendments proposed by the Board shall be held not
31
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SB 22-E First Engrossed
1 less than 60 nor more than 120 days after the Board adopts a
2 resolution proposing any amendment.
3 D. The result of all elections on charter amendments
4 shall be determined by a majority of the electors voting on
5 the proposed amendment.
6 SECTION 9.08 8.08. REVISIONS.
7 At least once in every 5 year period the Board shall
8 review the Charter and determine whether or not there is a
9 need for revision. If the Board determines that a revision is
10 needed, it shall establish a procedure for the preparation of
11 a proposed revision of the Charter. The proposed revision
12 shall then be presented to the Board for review, modification
13 and approval. If the Board approves such proposed revision,
14 either with or without modification, it shall present such
15 proposed revision to the electorate in accordance with the
16 provisions of Section 9.07 8.07 (C) and (D). Simultaneous
17 elections may be held on a proposed revision and on individual
18 amendments that are proposed.
19 SECTION 9.09 8.09. EFFECTIVE DATE.
20 This Charter shall become effective 60 days after it is
21 ratified by a majority of the qualified electors of the county
22 voting on the Charter.
23
24 ARTICLE - 10 9
25
26 NAME OF COUNTY
27 SECTION 10.01 9.01. NAME OF COUNTY.
28 A. The name of Dade County shall officially be changed
29 to Miami-Dade County and all references to Dade County in the
30 Florida Constitution, Florida Statutes, Code of Metropolitan
31
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SB 22-E First Engrossed
1 Dade County, federal law, case law and other legal documents,
2 shall be deemed to be references to Miami-Dade County.
3 B. The Commission shall by ordinance provide a method
4 to implement the official name change.
5
6 ARTICLE - 11
7
8 SEVERABILITY
9 If any provision of this charter or the application
10 thereof to any person or circumstance is held invalid, the
11 invalidity shall not affect other provisions or applications
12 of the charter which can be given effect without the invalid
13 provision or application, and to this end the provisions of
14 this charter are declared severable.
15 Section 2. If any provision of this act or the
16 application thereof to any person or circumstance is held
17 invalid, the invalidity shall not affect other provisions or
18 applications of the act which can be given effect without the
19 invalid provision or application, and to this end the
20 provisions of this act are declared severable.
21 Section 3. (1) Contingent upon approval of an
22 amendment to the State Constitution at the general election
23 held in November 2002 authorizing amendments or revisions to
24 the home rule charter of Miami-Dade County by special law
25 approved by a vote of the electors, the revision of the Dade
26 County Home Rule Charter proposed by this act shall be
27 submitted to the voters of Miami-Dade County by the Board of
28 County Commissioners of Dade County in a referendum to be held
29 in November 2003, in the following form, and shall take effect
30 only upon approval by a majority of the electors of Miami-Dade
31 County voting in such referendum:
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SB 22-E First Engrossed
1
2
3
4 PROPOSED REVISION OF THE DADE COUNTY HOME RULE CHARTER.
5
6 Proposing a revision of the Dade County Home Rule
7 Charter to provide for a County Mayor, County Comptroller,
8 County Attorney, and nonpartisan elected County Supervisor of
9 Elections and for Deputy County Mayors; provide powers,
10 duties, and term limits of the Mayor, Comptroller, and county
11 commissioners; provide for salaries of the Mayor, Comptroller,
12 and county commissioners; revise the administrative
13 organization and procedures of the county; and abolish the
14 County Manager and County Supervisor of Registration offices.
15
16 ....FOR the proposed revision of the Dade County Home
17 Rule Charter
18 ....AGAINST the proposed revision of the Dade County
19 Home Rule Charter.
20
21 (2) This section and section 2 shall take effect upon
22 becoming a law.
23
24
25
26
27
28
29
30
31
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