Florida Senate - 2015                                    SJR 810
       By Senator Garcia
       38-00741-15                                            2015810__
    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 filing of a bill
    7         proposing such a special law; providing that the
    8         charter may impose fixed term limits on county
    9         commissioners; conforming historical references to
   10         reflect the current name of Miami-Dade County.
   12  Be It Resolved by the Legislature of the State of Florida:
   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.
   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 Dade
   50  County Home Rule Charter, heretofore or hereafter adopted by the
   51  electors of Miami-Dade Dade County 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 Article VIII, Section 11, of the Constitution of
   58  1885, as amended, or any limitations under this subsection, the
   59  Miami-Dade County Home Rule Charter may be amended or revised by
   60  special law approved by the electors of Miami-Dade County and,
   61  if approved, becomes an amendment or revision of the charter by
   62  the electors of Miami-Dade County. A bill proposing a special
   63  law to amend or revise the Miami-Dade County Home Rule Charter
   64  may be filed only by a member of the Miami-Dade County
   65  legislative delegation, and such filing must be approved by a
   66  majority of the members of the Miami-Dade County legislative
   67  delegation in each house of the Legislature. The Miami-Dade
   68  County Home Rule Charter may provide for fixed term limits of
   69  Miami-Dade County Board of County Commissioners.
   71  MUNICIPALITIES. To the extent not inconsistent with the powers
   72  of existing municipalities or general law, the Metropolitan
   73  Government of Miami-Dade Dade County 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                     
   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.