Florida Senate - 2011 CS for SJR 1954
By the Committee on Community Affairs; and Senator Garcia
578-03173-11 20111954c1
1 Senate Joint Resolution
2 A joint resolution proposing an amendment to Section 6
3 of Article VIII of the State Constitution to authorize
4 amendments or revisions to the home rule charter of
5 Miami-Dade County by special law approved by a vote of
6 the electors; providing requirements for a bill
7 proposing such a special law.
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. The
23 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 unincorporated
39 areas of a county on the effective date of this article may be
40 amended or repealed by county ordinance.
41 (e) CONSOLIDATION AND HOME RULE. Article VIII, Sections 9,
42 10, 11 and 24, of the Constitution of 1885, as amended, shall
43 remain in full force and effect as to each county affected, as
44 if this article had not been adopted, until that county shall
45 expressly adopt a charter or home rule plan pursuant to this
46 article. All provisions of the Miami-Dade Metropolitan Dade
47 County Home Rule Charter, heretofore or hereafter adopted by the
48 electors of Miami-Dade Dade County pursuant to Article VIII,
49 Section 11, of the Constitution of 1885, as amended, shall be
50 valid, and any amendments to such charter shall be valid;
51 provided that the said provisions of such charter and the said
52 amendments thereto are authorized under said Article VIII,
53 Section 11, of the Constitution of 1885, as amended. However,
54 notwithstanding any provision of Article VIII, Section 11, of
55 the Constitution of 1885, as amended, or any limitations under
56 this subsection, the Miami-Dade County Home Rule Charter may be
57 amended or revised by special law approved by the electors of
58 Miami-Dade County and, if approved, shall be deemed an amendment
59 or revision of the charter by the electors of Miami-Dade County.
60 A bill proposing such a special law must be approved at a
61 meeting of the local legislative delegation and filed by a
62 member of that delegation.
63 (f) MIAMI-DADE DADE COUNTY; POWERS CONFERRED UPON
64 MUNICIPALITIES. To the extent not inconsistent with the powers
65 of existing municipalities or general law, the Metropolitan
66 Government of Miami-Dade Dade County may exercise all the powers
67 conferred now or hereafter by general law upon municipalities.
68 (g) DELETION OF OBSOLETE SCHEDULE ITEMS. The legislature
69 shall have power, by joint resolution, to delete from this
70 article any subsection of this Section 6, including this
71 subsection, when all events to which the subsection to be
72 deleted is or could become applicable have occurred. A
73 legislative determination of fact made as a basis for
74 application of this subsection shall be subject to judicial
75 review.
76 BE IT FURTHER RESOLVED that the following statement be
77 placed on the ballot:
78 CONSTITUTIONAL AMENDMENT
79 ARTICLE VIII, SECTION 6
80 AUTHORIZING AMENDMENTS TO MIAMI-DADE COUNTY HOME RULE
81 CHARTER BY SPECIAL LAW APPROVED BY REFERENDUM.—Authorizes
82 amendments or revisions to the Miami-Dade County Home Rule
83 Charter by a special law when the law is approved by a vote of
84 the electors of Miami-Dade County. A bill proposing such a
85 special law must be approved at a meeting of the local
86 legislative delegation and filed by a member of that delegation.
87 It also conforms references in the State Constitution to reflect
88 the county’s current name.