Florida Senate - 2012 SJR 720
By Senator Garcia
40-00513-12 2012720__
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; authorizing the Miami
8 Dade County charter to provide for fixed term limits
9 of commissioners.
10
11 Be It Resolved by the Legislature of the State of Florida:
12
13 That the following amendment to Section 6 of Article VIII
14 of the State Constitution is agreed to and shall be submitted to
15 the electors of this state for approval or rejection at the next
16 general election or at an earlier special election specifically
17 authorized by law for that purpose:
18 ARTICLE VIII
19 LOCAL GOVERNMENT
20 SECTION 6. Schedule to Article VIII.—
21 (a) This article shall replace all of Article VIII of the
22 Constitution of 1885, as amended, except those sections
23 expressly retained and made a part of this article by reference.
24 (b) COUNTIES; COUNTY SEATS; MUNICIPALITIES; DISTRICTS. The
25 status of the following items as they exist on the date this
26 article becomes effective is recognized and shall be continued
27 until changed in accordance with law: the counties of the state;
28 their status with respect to the legality of the sale of
29 intoxicating liquors, wines and beers; the method of selection
30 of county officers; the performance of municipal functions by
31 county officers; the county seats; and the municipalities and
32 special districts of the state, their powers, jurisdiction and
33 government.
34 (c) OFFICERS TO CONTINUE IN OFFICE. Every person holding
35 office when this article becomes effective shall continue in
36 office for the remainder of the term if that office is not
37 abolished. If the office is abolished the incumbent shall be
38 paid adequate compensation, to be fixed by law, for the loss of
39 emoluments for the remainder of the term.
40 (d) ORDINANCES. Local laws relating only to unincorporated
41 areas of a county on the effective date of this article may be
42 amended or repealed by county ordinance.
43 (e) CONSOLIDATION AND HOME RULE. Article VIII, Sections 9,
44 10, 11 and 24, of the Constitution of 1885, as amended, shall
45 remain in full force and effect as to each county affected, as
46 if this article had not been adopted, until that county shall
47 expressly adopt a charter or home rule plan pursuant to this
48 article. All provisions of the Miami-Dade Metropolitan Dade
49 County Home Rule Charter, heretofore or hereafter adopted by the
50 electors of Miami-Dade Dade County pursuant to Article VIII,
51 Section 11, of the Constitution of 1885, as amended, shall be
52 valid, and any amendments to such charter shall be valid;
53 provided that the said provisions of such charter and the said
54 amendments thereto are authorized under said Article VIII,
55 Section 11, of the Constitution of 1885, as amended. However,
56 notwithstanding any provision of Article VIII, Section 11, of
57 the Constitution of 1885, as amended, or any limitations under
58 this subsection, the Miami-Dade County Home Rule Charter may be
59 amended or revised by special law approved by the electors of
60 Miami-Dade County and, if approved, shall be deemed an amendment
61 or revision of the charter by the electors of Miami-Dade County.
62 A bill proposing such a special law must be approved at a
63 meeting of the local legislative delegation and filed by a
64 member of that delegation. The charter may provide for fixed
65 term limits of Miami-Dade County Commissioners.
66 (f) MIAMI-DADE DADE COUNTY; POWERS CONFERRED UPON
67 MUNICIPALITIES. To the extent not inconsistent with the powers
68 of existing municipalities or general law, the Metropolitan
69 Government of Miami-Dade Dade County may exercise all the powers
70 conferred now or hereafter by general law upon municipalities.
71 (g) DELETION OF OBSOLETE SCHEDULE ITEMS. The legislature
72 shall have power, by joint resolution, to delete from this
73 article any subsection of this Section 6, including this
74 subsection, when all events to which the subsection to be
75 deleted is or could become applicable have occurred. A
76 legislative determination of fact made as a basis for
77 application of this subsection shall be subject to judicial
78 review.
79 BE IT FURTHER RESOLVED that the following statement be
80 placed on the ballot:
81 CONSTITUTIONAL AMENDMENT
82 ARTICLE VIII, SECTION 6
83 AUTHORIZING AMENDMENTS TO MIAMI-DADE COUNTY HOME RULE
84 CHARTER BY SPECIAL LAW APPROVED BY REFERENDUM.—Authorizes
85 amendments or revisions to the Miami-Dade County Home Rule
86 Charter by a special law when the law is approved by a vote of
87 the electors of Miami-Dade County. A bill proposing such a
88 special law must be approved at a meeting of the local
89 legislative delegation and filed by a member of that delegation.
90 It also conforms references in the State Constitution to reflect
91 the county’s current name and states that the charter may
92 provide for fixed term limits of Miami-Dade County
93 Commissioners.