CS/HJR 1321

1
House Joint Resolution
2A joint resolution proposing an amendment to Section 6 of
3Article VIII of the State Constitution to authorize
4amendments or revisions to the home rule charter of Miami-
5Dade County by special law approved by a vote of the
6electors; providing requirements for a bill proposing such
7a special law.
8
9Be It Resolved by the Legislature of the State of Florida:
10
11     That the following amendment to Section 6 of Article VIII
12of the State Constitution is agreed to and shall be submitted to
13the electors of this state for approval or rejection at the next
14general election or at an earlier special election specifically
15authorized 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
20Constitution of 1885, as amended, except those sections
21expressly retained and made a part of this article by reference.
22     (b)  COUNTIES; COUNTY SEATS; MUNICIPALITIES; DISTRICTS.  
23The status of the following items as they exist on the date this
24article becomes effective is recognized and shall be continued
25until changed in accordance with law: the counties of the state;
26their status with respect to the legality of the sale of
27intoxicating liquors, wines and beers; the method of selection
28of county officers; the performance of municipal functions by
29county officers; the county seats; and the municipalities and
30special districts of the state, their powers, jurisdiction and
31government.
32     (c)  OFFICERS TO CONTINUE IN OFFICE.  Every person holding
33office when this article becomes effective shall continue in
34office for the remainder of the term if that office is not
35abolished. If the office is abolished the incumbent shall be
36paid adequate compensation, to be fixed by law, for the loss of
37emoluments for the remainder of the term.
38     (d)  ORDINANCES.  Local laws relating only to
39unincorporated areas of a county on the effective date of this
40article may be amended or repealed by county ordinance.
41     (e)  CONSOLIDATION AND HOME RULE.  Article VIII, Sections
429, 10, 11 and 24, of the Constitution of 1885, as amended, shall
43remain in full force and effect as to each county affected, as
44if this article had not been adopted, until that county shall
45expressly adopt a charter or home rule plan pursuant to this
46article. All provisions of the Miami-Dade Metropolitan Dade
47County Home Rule Charter, heretofore or hereafter adopted by the
48electors of Miami-Dade Dade County pursuant to Article VIII,
49Section 11, of the Constitution of 1885, as amended, shall be
50valid, and any amendments to such charter shall be valid;
51provided that the said provisions of such charter and the said
52amendments thereto are authorized under said Article VIII,
53Section 11, of the Constitution of 1885, as amended. However,
54notwithstanding any provision of Article VIII, Section 11, of
55the Constitution of 1885, as amended, or any limitations under
56this subsection, the Miami-Dade County Home Rule Charter may be
57amended or revised by special law approved by the electors of
58Miami-Dade County and, if approved, shall be deemed an amendment
59or revision of the charter by the electors of Miami-Dade County.
60A bill proposing such a special law must be approved at a
61meeting of the local legislative delegation and filed by a
62member of that delegation.
63     (f)  DADE COUNTY; POWERS CONFERRED UPON MUNICIPALITIES.  To
64the extent not inconsistent with the powers of existing
65municipalities or general law, the Metropolitan Government of
66Miami-Dade Dade County may exercise all the powers conferred now
67or hereafter by general law upon municipalities.
68     (g)  DELETION OF OBSOLETE SCHEDULE ITEMS.  The legislature
69shall have power, by joint resolution, to delete from this
70article any subsection of this Section 6, including this
71subsection, when all events to which the subsection to be
72deleted is or could become applicable have occurred. A
73legislative determination of fact made as a basis for
74application of this subsection shall be subject to judicial
75review.
76     BE IT FURTHER RESOLVED that the following statement be
77placed on the ballot:
78
CONSTITUTIONAL AMENDMENT
79
ARTICLE VIII, SECTION 6
80     AUTHORIZING AMENDMENTS TO MIAMI-DADE COUNTY HOME RULE
81CHARTER BY SPECIAL LAW APPROVED BY REFERENDUM.-Authorizes
82amendments or revisions to the Miami-Dade County Home Rule
83Charter by a special law when the law is approved by a vote of
84the electors of Miami-Dade County. A bill proposing such a
85special law must be approved at a meeting of the local
86legislative delegation and filed by a member of that delegation.
87It also conforms references in the State Constitution to reflect
88the county's current name.


CODING: Words stricken are deletions; words underlined are additions.