Senate Bill sb1700e1

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    SJR 1700                                       First Engrossed



  1                 Senate Joint Resolution No. 1700

  2         A joint resolution proposing an amendment to

  3         Section 6 of Article VIII of the State

  4         Constitution to authorize amendments or

  5         revisions to the home rule charter of

  6         Miami-Dade County by special law approved by a

  7         vote of the electors.

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  9  Be It Resolved by the Legislature of the State of Florida:

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11         That the following amendment to Section 6 of Article

12  VIII of the State Constitution is agreed to and shall be

13  submitted to the electors of Florida for approval or rejection

14  at the general election to be held in November 2002:

15                           ARTICLE VIII

16                         LOCAL GOVERNMENT

17         SECTION 6.  Schedule to Article VIII.--

18         (a)  This article shall replace all of Article VIII of

19  the Constitution of 1885, as amended, except those sections

20  expressly retained and made a part of this article by

21  reference.

22         (b)  COUNTIES; COUNTY SEATS; MUNICIPALITIES;

23  DISTRICTS.  The status of the following items as they exist on

24  the date this article becomes effective is recognized and

25  shall be continued until changed in accordance with law:  the

26  counties of the state; their status with respect to the

27  legality of the sale of intoxicating liquors, wines and beers;

28  the method of selection of county officers; the performance of

29  municipal functions by county officers; the county seats; and

30  the municipalities and special districts of the state, their

31  powers, jurisdiction and government.


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    SJR 1700                                       First Engrossed



  1         (c)  OFFICERS TO CONTINUE IN OFFICE.  Every person

  2  holding office when this article becomes effective shall

  3  continue in office for the remainder of the term if that

  4  office is not abolished.  If the office is abolished the

  5  incumbent shall be paid adequate compensation, to be fixed by

  6  law, for the loss of emoluments for the remainder of the term.

  7         (d)  ORDINANCES.  Local laws relating only to

  8  unincorporated areas of a county on the effective date of this

  9  article may be amended or repealed by county ordinance.

10         (e)  CONSOLIDATION AND HOME RULE.  Article VIII,

11  Sections 9, 10, 11 and 24, of the Constitution of 1885, as

12  amended, shall remain in full force and effect as to each

13  county affected, as if this article had not been adopted,

14  until that county shall expressly adopt a charter or home rule

15  plan pursuant to this article.  All provisions of the

16  Miami-Dade Metropolitan Dade County Home Rule Charter,

17  heretofore or hereafter adopted by the electors of Miami-Dade

18  Dade County pursuant to Article VIII, Section 11, of the

19  Constitution of 1885, as amended, shall be valid, and any

20  amendments to such charter shall be valid; provided that the

21  said provisions of such charter and the said amendments

22  thereto are authorized under said Article VIII, Section 11, of

23  the Constitution of 1885, as amended. However, notwithstanding

24  any provision of Article VIII, Section 11, of the Constitution

25  of 1885, as amended, or any limitations under this subsection,

26  the Miami-Dade County Home Rule Charter may be amended or

27  revised by special law approved by the electors of Miami-Dade

28  County and, if approved, shall be deemed an amendment or

29  revision of the charter by the electors of Miami-Dade County.

30         (f)  DADE COUNTY; POWERS CONFERRED UPON

31  MUNICIPALITIES.  To the extent not inconsistent with the


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    SJR 1700                                       First Engrossed



  1  powers of existing municipalities or general law, the

  2  Metropolitan Government of Dade County may exercise all the

  3  powers conferred now or hereafter by general law upon

  4  municipalities.

  5         (g)  DELETION OF OBSOLETE SCHEDULE ITEMS.  The

  6  legislature shall have power, by joint resolution, to delete

  7  from this article any subsection of this Section 6, including

  8  this subsection, when all events to which the subsection to be

  9  deleted is or could become applicable have occurred.  A

10  legislative determination of fact made as a basis for

11  application of this subsection shall be subject to judicial

12  review.

13         BE IT FURTHER RESOLVED that the following statement be

14  placed on the ballot:

15                     CONSTITUTIONAL AMENDMENT

16                     ARTICLE VIII, SECTION 6

17         AUTHORIZING AMENDMENTS TO MIAMI-DADE COUNTY HOME

18         RULE CHARTER BY SPECIAL LAW APPROVED BY

19  REFERENDUM.--Proposing an amendment to the State Constitution

20  to authorize amendments or revisions to the Miami-Dade County

21  Home Rule Charter by special law approved by a vote of the

22  electors of Miami-Dade County and to conform references to the

23  county's current name.

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