Florida Senate - 2011 COMMITTEE AMENDMENT Bill No. SJR 1954 Barcode 598528 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/28/2011 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Community Affairs (Dockery) recommended the following: 1 Senate Amendment (with title amendment) 2 3 4 Delete everything after the resolving clause 5 and insert: 6 That the following amendment to Section 6 of Article VIII 7 of the State Constitution is agreed to and shall be submitted to 8 the electors of this state for approval or rejection at the next 9 general election or at an earlier special election specifically 10 authorized by law for that purpose: 11 ARTICLE VIII 12 LOCAL GOVERNMENT 13 SECTION 6. Schedule to Article VIII.— 14 (a) This article shall replace all of Article VIII of the 15 Constitution of 1885, as amended, except those sections 16 expressly retained and made a part of this article by reference. 17 (b) COUNTIES; COUNTY SEATS; MUNICIPALITIES; DISTRICTS. The 18 status of the following items as they exist on the date this 19 article becomes effective is recognized and shall be continued 20 until changed in accordance with law: the counties of the state; 21 their status with respect to the legality of the sale of 22 intoxicating liquors, wines and beers; the method of selection 23 of county officers; the performance of municipal functions by 24 county officers; the county seats; and the municipalities and 25 special districts of the state, their powers, jurisdiction and 26 government. 27 (c) OFFICERS TO CONTINUE IN OFFICE. Every person holding 28 office when this article becomes effective shall continue in 29 office for the remainder of the term if that office is not 30 abolished. If the office is abolished the incumbent shall be 31 paid adequate compensation, to be fixed by law, for the loss of 32 emoluments for the remainder of the term. 33 (d) ORDINANCES. Local laws relating only to unincorporated 34 areas of a county on the effective date of this article may be 35 amended or repealed by county ordinance. 36 (e) CONSOLIDATION AND HOME RULE. Article VIII, Sections 9, 37 10, 11 and 24, of the Constitution of 1885, as amended, shall 38 remain in full force and effect as to each county affected, as 39 if this article had not been adopted, until that county shall 40 expressly adopt a charter or home rule plan pursuant to this 41 article. All provisions of the Miami-DadeMetropolitan Dade42 County Home Rule Charter, heretofore or hereafter adopted by the 43 electors of Miami-DadeDadeCounty pursuant to Article VIII, 44 Section 11, of the Constitution of 1885, as amended, shall be 45 valid, and any amendments to such charter shall be valid; 46 provided that the said provisions of such charter and the said 47 amendments thereto are authorized under said Article VIII, 48 Section 11, of the Constitution of 1885, as amended. However, 49 notwithstanding any provision of Article VIII, Section 11, of 50 the Constitution of 1885, as amended, or any limitations under 51 this subsection, the Miami-Dade County Home Rule Charter may be 52 amended or revised by special law approved by the electors of 53 Miami-Dade County and, if approved, shall be deemed an amendment 54 or revision of the charter by the electors of Miami-Dade County. 55 A bill proposing such a special law must be approved at a 56 meeting of the local legislative delegation and filed by a 57 member of that delegation. 58 (f) DADE COUNTY; POWERS CONFERRED UPON MUNICIPALITIES. To 59 the extent not inconsistent with the powers of existing 60 municipalities or general law, the Metropolitan Government of 61 Miami-DadeDadeCounty may exercise all the powers conferred now 62 or hereafter by general law upon municipalities. 63 (g) DELETION OF OBSOLETE SCHEDULE ITEMS. The legislature 64 shall have power, by joint resolution, to delete from this 65 article any subsection of this Section 6, including this 66 subsection, when all events to which the subsection to be 67 deleted is or could become applicable have occurred. A 68 legislative determination of fact made as a basis for 69 application of this subsection shall be subject to judicial 70 review. 71 BE IT FURTHER RESOLVED that the following statement be 72 placed on the ballot: 73 CONSTITUTIONAL AMENDMENT 74 ARTICLE VII, SECTION 6 75 AUTHORIZING AMENDMENTS TO MIAMI-DADE COUNTY HOME RULE 76 CHARTER BY SPECIAL LAW APPROVED BY REFERENDUM.—Authorizes 77 amendments or revisions to the Miami-Dade County Home Rule 78 Charter by a special law when the law is approved by a vote of 79 the electors of Miami-Dade County. A bill proposing such a 80 special law must be approved at a meeting of the local 81 legislative delegation and filed by a member of that delegation. 82 It also conforms references in the State Constitution to reflect 83 the county’s current name. 84 85 ================= T I T L E A M E N D M E N T ================ 86 And the title is amended as follows: 87 Delete everything before the resolving clause 88 and insert: 89 A bill to be entitled 90 A joint resolution proposing an amendment to Section 6 91 of Article VIII of the State Constitution to authorize 92 amendments or revisions to the home rule charter of 93 Miami-Dade County by special law approved by a vote of 94 the electors; providing requirements for a bill 95 proposing such a special law.