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40 | article may be amended or repealed by county ordinance.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. |