| 1 | House Joint Resolution |
| 2 | A joint resolution proposing an amendment to Section 6 of |
| 3 | Article VIII of the State Constitution to authorize the |
| 4 | repeal of a constitutional home rule charter or plan by |
| 5 | vote of the electors of the affected county in a special |
| 6 | election called for that purpose, which may be held |
| 7 | separately or in conjunction with any other election. |
| 8 |
|
| 9 | Be It Resolved by the Legislature of the State of Florida: |
| 10 |
|
| 11 | That the following amendment to Section 6 of Article VIII |
| 12 | of the State Constitution is agreed to and shall be submitted to |
| 13 | the electors of this state for approval or rejection at the next |
| 14 | general election or at an earlier special election specifically |
| 15 | authorized by law for that purpose: |
| 16 | ARTICLE VIII |
| 17 | LOCAL GOVERNMENT |
| 18 | SECTION 6. Schedule to Article VIII.-- |
| 19 | (a) This article shall replace all of Article VIII of the |
| 20 | Constitution of 1885, as amended, except those sections |
| 21 | expressly retained and made a part of this article by reference. |
| 22 | (b) COUNTIES; COUNTY SEATS; MUNICIPALITIES; DISTRICTS. |
| 23 | The status of the following items as they exist on the date this |
| 24 | article becomes effective is recognized and shall be continued |
| 25 | until changed in accordance with law: the counties of the state; |
| 26 | their status with respect to the legality of the sale of |
| 27 | intoxicating liquors, wines and beers; the method of selection |
| 28 | of county officers; the performance of municipal functions by |
| 29 | county officers; the county seats; and the municipalities and |
| 30 | special districts of the state, their powers, jurisdiction and |
| 31 | government. |
| 32 | (c) OFFICERS TO CONTINUE IN OFFICE. Every person holding |
| 33 | office when this article becomes effective shall continue in |
| 34 | office for the remainder of the term if that office is not |
| 35 | abolished. If the office is abolished the incumbent shall be |
| 36 | paid adequate compensation, to be fixed by law, for the loss of |
| 37 | emoluments for the remainder of the term. |
| 38 | (d) ORDINANCES. Local laws relating only to |
| 39 | unincorporated areas of a county on the effective date of this |
| 40 | article may be amended or repealed by county ordinance. |
| 41 | (e) CONSOLIDATION AND HOME RULE. Article VIII, Sections |
| 42 | 9, 10, 11, and 24, of the Constitution of 1885, as amended, |
| 43 | shall remain in full force and effect as to each county |
| 44 | affected, as if this article had not been adopted, until that |
| 45 | county shall expressly adopt a charter or home rule plan |
| 46 | pursuant to this article. A charter or home rule plan adopted |
| 47 | pursuant to Section 9, Section 10, Section 11, or Section 24 of |
| 48 | the Constitution of 1885 and remaining in full force and effect |
| 49 | pursuant to this subsection may be repealed by vote of the |
| 50 | electors of the affected county in a special election called for |
| 51 | that purpose, which may be held separately or in conjunction |
| 52 | with any other election. All provisions of the Metropolitan Dade |
| 53 | County Home Rule Charter, heretofore or hereafter adopted by the |
| 54 | electors of Dade County pursuant to Article VIII, Section 11, of |
| 55 | the Constitution of 1885, as amended, shall be valid, and any |
| 56 | amendments to such charter shall be valid; provided that the |
| 57 | said provisions of such charter and the said amendments thereto |
| 58 | are authorized under said Article VIII, Section 11, of the |
| 59 | Constitution of 1885, as amended. |
| 60 | (f) DADE COUNTY; POWERS CONFERRED UPON MUNICIPALITIES. To |
| 61 | the extent not inconsistent with the powers of existing |
| 62 | municipalities or general law, the Metropolitan Government of |
| 63 | Dade County may exercise all the powers conferred now or |
| 64 | hereafter by general law upon municipalities. |
| 65 | (g) DELETION OF OBSOLETE SCHEDULE ITEMS. The legislature |
| 66 | shall have power, by joint resolution, to delete from this |
| 67 | article any subsection of this Section 6, including this |
| 68 | subsection, when all events to which the subsection to be |
| 69 | deleted is or could become applicable have occurred. A |
| 70 | legislative determination of fact made as a basis for |
| 71 | application of this subsection shall be subject to judicial |
| 72 | review. |
| 73 | BE IT FURTHER RESOLVED that the following statement be |
| 74 | placed on the ballot: |
| 75 | CONSTITUTIONAL AMENDMENT |
| 76 | ARTICLE VIII, SECTION 6 |
| 77 | REPEAL OF CONSTITUTIONAL HOME RULE CHARTER OR |
| 78 | PLAN.--Proposing an amendment to the State Constitution to |
| 79 | authorize the repeal of a constitutional home rule charter or |
| 80 | plan adopted pursuant to Section 9, Section 10, Section 11, or |
| 81 | Section 24 of the Constitution of 1885 by vote of the electors |
| 82 | of the affected county in a special election called for that |
| 83 | purpose, which may be held separately or in conjunction with any |
| 84 | other election. |