Florida Senate - 2014 SJR 1256 By Senator Garcia 38-00208A-14 20141256__ 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 Miami-Dade County Home 5 Rule Charter by a special law approved by the electors 6 of Miami-Dade County; restricting the introduction of 7 a bill proposing such a special law; providing that 8 the charter may impose fixed term limits on county 9 commissioners; conforming historical references to 10 reflect the current name of Miami-Dade County. 11 12 Be It Resolved by the Legislature of the State of Florida: 13 14 That the following amendment to Section 6 of Article VIII 15 of the State Constitution is agreed to and shall be submitted to 16 the electors of this state for approval or rejection at the next 17 general election or at an earlier special election specifically 18 authorized by law for that purpose: 19 ARTICLE VIII 20 LOCAL GOVERNMENT 21 SECTION 6. Schedule to Article VIII.— 22 (a) This article shall replace all of Article VIII of the 23 Constitution of 1885, as amended, except those sections 24 expressly retained and made a part of this article by reference. 25 (b) COUNTIES; COUNTY SEATS; MUNICIPALITIES; DISTRICTS. The 26 status of the following items as they exist on the date this 27 article becomes effective is recognized and shall be continued 28 until changed in accordance with law: the counties of the state; 29 their status with respect to the legality of the sale of 30 intoxicating liquors, wines and beers; the method of selection 31 of county officers; the performance of municipal functions by 32 county officers; the county seats; and the municipalities and 33 special districts of the state, their powers, jurisdiction and 34 government. 35 (c) OFFICERS TO CONTINUE IN OFFICE. Every person holding 36 office when this article becomes effective shall continue in 37 office for the remainder of the term if that office is not 38 abolished. If the office is abolished the incumbent shall be 39 paid adequate compensation, to be fixed by law, for the loss of 40 emoluments for the remainder of the term. 41 (d) ORDINANCES. Local laws relating only to unincorporated 42 areas of a county on the effective date of this article may be 43 amended or repealed by county ordinance. 44 (e) CONSOLIDATION AND HOME RULE. Article VIII, Sections 9, 45 10, 11 and 24, of the Constitution of 1885, as amended, shall 46 remain in full force and effect as to each county affected, as 47 if this article had not been adopted, until that county shall 48 expressly adopt a charter or home rule plan pursuant to this 49 article. All provisions of the Miami-Dade
Metropolitan Dade50 County Home Rule Charter, heretofore or hereafter adopted by the 51 electors of Miami-Dade DadeCounty pursuant to Article VIII, 52 Section 11, of the Constitution of 1885, as amended, shall be 53 valid, and any amendments to such charter shall be valid; 54 provided that the said provisions of such charter and the said 55 amendments thereto are authorized under said Article VIII, 56 Section 11, of the Constitution of 1885, as amended. However, 57 notwithstanding any provision of Article VIII, Section 11, of 58 the Constitution of 1885, as amended, or any limitations under 59 this subsection, the Miami-Dade County Home Rule Charter may be 60 amended or revised by special law approved by the electors of 61 Miami-Dade County and, if approved, shall be deemed an amendment 62 or revision of the charter by the electors of Miami-Dade County. 63 A bill proposing a special law to amend or revise the Miami-Dade 64 County Home Rule Charter may be filed only by a member of the 65 Miami-Dade County legislative delegation, and such filing must 66 be approved by a majority of the members of the Miami-Dade 67 County legislative delegation in each house of the legislature. 68 The Miami-Dade County Home Rule Charter may provide for fixed 69 term limits of Miami-Dade County Commissioners. 70 (f) MIAMI-DADE DADECOUNTY; POWERS CONFERRED UPON 71 MUNICIPALITIES. To the extent not inconsistent with the powers 72 of existing municipalities or general law, the Metropolitan 73 Government of Miami-Dade DadeCounty may exercise all the powers 74 conferred now or hereafter by general law upon municipalities. 75 (g) DELETION OF OBSOLETE SCHEDULE ITEMS. The legislature 76 shall have power, by joint resolution, to delete from this 77 article any subsection of this Section 6, including this 78 subsection, when all events to which the subsection to be 79 deleted is or could become applicable have occurred. A 80 legislative determination of fact made as a basis for 81 application of this subsection shall be subject to judicial 82 review. 83 BE IT FURTHER RESOLVED that the following statement be 84 placed on the ballot: 85 CONSTITUTIONAL AMENDMENT 86 ARTICLE VIII, SECTION 6 87 AUTHORIZING REVISIONS TO MIAMI-DADE COUNTY HOME RULE 88 CHARTER BY SPECIAL LAW APPROVED BY REFERENDUM.—This proposed 89 amendment authorizes revisions or amendments to the Miami-Dade 90 County Home Rule Charter by a special law approved by the 91 electors of Miami-Dade County and requires that a bill proposing 92 such a special law be approved by the local legislative 93 delegation and filed by a member thereof. 94 It also provides that the charter may impose fixed term 95 limits for county commissioners and conforms historical 96 references to reflect the county’s current name.