Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SJR 1954
       
       
       
       
       
       
                                Barcode 598528                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/28/2011           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




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