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



                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1069

    Amendment No. 1 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

  6

  7

  8

  9

10  ______________________________________________________________

11  The Committee on Local Government & Veterans Affairs offered

12  the following:

13

14         Amendment (with title amendment) 

15  Remove everything after the enacting clause

16

17  and insert:

18         Section 1.  The Miami-Dade County Home Rule Charter is

19  amended to read:

20

21             MIAMI-DADE DADE COUNTY HOME RULE CHARTER

22

23                             PREAMBLE

24

25         We, the people of this County, in order to secure for

26  ourselves the benefits and responsibilities of home rule, to

27  create a metropolitan government to serve our present and

28  future needs, and to endow our municipalities with the rights

29  of self determination in their local affairs, do under God

30  adopt this home rule Charter.

31

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1069

    Amendment No. 1 (for drafter's use only)





  1                     CITIZENS' BILL OF RIGHTS

  2

  3         A.  This government has been created to protect the

  4  governed, not the governing. In order to provide the public

  5  with full and accurate information, to promote efficient

  6  administrative management, to make government more

  7  accountable, and to insure to all persons fair and equitable

  8  treatment, the following rights are guaranteed:

  9         1.  Convenient Access.  Every person has the right to

10  transact business with the County and the municipalities with

11  a minimum of personal inconvenience. It shall be the duty of

12  the County Manager and the Commission, the County Mayor, the

13  County Comptroller, and the Supervisor of Elections to

14  provide, within the County's budget limitations, reasonably

15  convenient times and places for registration and voting, for

16  required inspections, and for transacting business with the

17  County.

18         2.  Truth in Government.  No County or municipal

19  official or employee shall knowingly furnish false information

20  on any public matter, nor knowingly omit significant facts

21  when giving requested information to members of the public.

22         3.  Public Records.  All audits, reports, minutes,

23  documents and other public records of the County and the

24  municipalities and their boards, agencies, departments and

25  authorities shall be open for inspection at reasonable times

26  and places convenient to the public.

27         4.  Minutes and Ordinance Register.  The Clerk of the

28  Commission and of each municipal council shall maintain and

29  make available for public inspection an ordinance register

30  separate from the minutes showing the votes of each member on

31  all ordinances and resolutions listed by descriptive title.

                                  2

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1069

    Amendment No. 1 (for drafter's use only)





  1  Written minutes of all meetings and the ordinance register

  2  shall be available for public inspection not later than 30

  3  days after the conclusion of the meeting.

  4         5.  Right to be Heard.  So far as the orderly conduct

  5  of public business permits, any interested person has the

  6  right to appear before the Commission or any municipal council

  7  or any County or municipal agency, board or department for the

  8  presentation, adjustment or determination of an issue, request

  9  or controversy within the jurisdiction of the governmental

10  entity involved. Matters shall be scheduled for the

11  convenience of the public, and the agenda shall be divided

12  into approximate time periods so that the public may know

13  approximately when a matter will be heard. Nothing herein

14  shall prohibit any governmental entity or agency from imposing

15  reasonable time limits for the presentation of a matter.

16         6.  Right to Notice.  Persons entitled to notice of a

17  County or municipal hearing shall be timely informed as to the

18  time, place and nature of the hearing and the legal authority

19  pursuant to which the hearing is to be held. Failure by an

20  individual to receive such notice shall not constitute

21  mandatory grounds for cancelling the hearing or rendering

22  invalid any determination made at such hearing. Copies of

23  proposed ordinances or resolutions shall be made available at

24  a reasonable time prior to the hearing, unless the matter

25  involves an emergency ordinance or resolution.

26         7.  No Unreasonable Postponements.  No matter once

27  having been placed on a formal agenda by the County or any

28  municipality shall be postponed to another day except for good

29  cause shown in the opinion of the County Commission, the

30  municipal council or other governmental entity or agency

31  conducting such meeting, and then only on condition that any

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1069

    Amendment No. 1 (for drafter's use only)





  1  person so requesting is mailed adequate notice of the new date

  2  of any postponed meeting. Failure by an individual to receive

  3  such notice shall not constitute mandatory grounds for

  4  cancelling the hearing or rendering invalid any determination

  5  made at such hearing.

  6         8.  Right to Public Hearing.  Upon a timely request of

  7  any interested party a public hearing shall be held by any

  8  County or municipal agency, board, department or authority

  9  upon any significant policy decision to be issued by it which

10  is not subject to subsequent administrative or legislative

11  review and hearing. This provision shall not apply to the Law

12  Department of the County or of any municipality, not to any

13  body whose duties and responsibilities are solely advisory. At

14  any zoning or other hearing in which review is exclusively by

15  certiorari, a party or his counsel shall be entitled to

16  present his case or defense by oral or documentary evidence,

17  to submit rebuttal evidence, and to conduct such

18  cross-examination as may be required for a full and true

19  disclosure of the facts. The decision of any such agency,

20  board, department or authority must be based upon the facts in

21  the record. Procedural rules establishing reasonable time and

22  other limitations may be promulgated and amended from time to

23  time.

24         9.  Notice of Actions and Reasons.  Prompt notice shall

25  be given of the denial in whole or in part of a request of an

26  interested person made in connection with any County or

27  municipal administrative decision or proceeding when the

28  decision is reserved at the conclusion of the hearing. The

29  notice shall be accompanied by a statement of the grounds for

30  denial.

31         10.  County Comptroller's Managers' and Attorneys'

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1069

    Amendment No. 1 (for drafter's use only)





  1  Reports.  The County Comptroller Manager and County Attorney

  2  and each City Manager and City Attorney shall periodically

  3  make a public status report on all major matters pending or

  4  concluded within their respective jurisdictions.

  5         11.  Budgeting.  In addition to any budget required by

  6  state statute, The County Mayor Manager shall prepare and

  7  present a legislative budget request to the Board of County

  8  Commissioners. The Board of County Commissioners, with the

  9  assistance of the Commission Budget Office, shall review and

10  prepare a revised budget showing the projected cost of each

11  program for each budget year taking into consideration the

12  County Mayor's legislative budget request. Prior to the County

13  Commission's first public hearing on the proposed budget

14  required by state law, the County Commission Manager shall

15  make public a budget summary setting forth the proposed cost

16  of each individual program and reflecting all major proposed

17  increases and decreases in funds and personnel for each

18  program, the purposes therefore, the estimated millage cost of

19  each program and the amount of any contingency and carryover

20  funds for each program. As a final step, the County Commission

21  shall adopt a County budget.

22         12.  Quarterly Budget Comparisons.  The Commission

23  Budget Office County Manager shall make public a quarterly

24  report showing the actual expenditures during the quarter just

25  ended against one quarter of the proposed annual expenditures

26  set forth in the budget. Such report shall also reflect the

27  same cumulative information for whatever portion of the fiscal

28  year that has elapsed.

29         13.  Adequate Audits.  An annual audit of the County

30  and each municipality shall be made by an independent

31  certified public accounting firm in accordance with generally

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1069

    Amendment No. 1 (for drafter's use only)





  1  accepted auditing standards. A summary of the results,

  2  including any deficiencies found, shall be made public. In

  3  making such audit, proprietary functions shall be audited

  4  separately and adequate depreciation on proprietary facilities

  5  shall be accrued so the public may determine the amount of any

  6  direct or indirect subsidy.

  7         14.  Regional Offices.  Regional offices of the

  8  County's administrative services shall be maintained at

  9  locations in the County for the convenience of the residents.

10         15.  Financial Disclosure.  The Commission shall by

11  ordinance make provision for the filing under oath or

12  affirmation by all County and municipal elective officials,

13  candidates for County and municipal elective offices, such

14  employees as may be designated by ordinance, and such other

15  public officials, and outside consultants who receive funds

16  from the County or municipalities, within the County and who

17  may legally be included, of personal financial statements,

18  copies of personal Federal income tax returns, or itemized

19  source of income statements. Provision shall be made for

20  preparing and keeping such reports current from time to time,

21  and for public disclosure. The Commission shall also make

22  provision for the filing annually under oath of a report by

23  full-time County and municipal employees of all outside

24  employment and amounts received therefrom. The County Mayor

25  Manager or any other municipal chief executive officer City

26  Manager may require monthly reports from individual employees

27  or groups of employees for good cause.

28         16.  Representation of Public.  The Commission shall

29  endeavor to provide representation at all proceedings

30  significantly affecting the County and its residents before

31  State and Federal regulatory bodies.

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1069

    Amendment No. 1 (for drafter's use only)





  1         17.  Commission on Ethics and Public Trust.  The County

  2  shall, by ordinance, establish an independent Commission on

  3  Ethics and Public Trust, comprised of five members, not

  4  appointed by the County Commission or the County Mayor, with

  5  the authority to review, interpret, render advisory opinions

  6  and enforce the county and municipal code of ethics

  7  ordinances, conflict of interest ordinances, lobbyist

  8  registration and reporting ordinances, ethical campaign

  9  practices ordinances, when enacted, and citizens' bill of

10  rights.

11         B.  The foregoing enumeration of citizens' rights vests

12  large and pervasive powers in the citizenry of Miami-Dade Dade

13  County. Such power necessarily carries with it responsibility

14  of equal magnitude for the successful operation of government

15  in the County. The orderly, efficient and fair operation of

16  government requires the intelligent participation of

17  individual citizens exercising their rights with dignity and

18  restraint so as to avoid any sweeping acceleration in the cost

19  of government because of the exercise of individual

20  prerogatives, and for individual citizens to grant respect for

21  the dignity of public office.

22         C.  Remedies for Violations.  In any suit by a citizen

23  alleging a violation of this Article filed in the Dade County

24  Circuit Court pursuant to its general equity jurisdiction, the

25  plaintiff, if successful, shall be entitled to recover costs

26  and reasonable attorney's fees, as fixed by the Court.  Any

27  public official or employee who is found by the Court to have

28  willfully violated this Article shall forthwith forfeit his

29  office or employment.

30         (D).  Construction. All provisions of this Article

31  shall be construed to be supplementary to and not in conflict

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1069

    Amendment No. 1 (for drafter's use only)





  1  with the general laws of Florida. If any part of this Article

  2  shall be declared invalid, it shall not affect the validity of

  3  the remaining provisions.

  4

  5                           ARTICLE - 1

  6

  7                  BOARD OF COUNTY COMMISSIONERS

  8         SECTION 1.01.  POWERS.

  9         A.  The Board of County Commissioners shall be the

10  legislative and the governing body of the county and shall

11  have the power to carry on a central metropolitan government.

12  This power shall include but shall not be restricted to the

13  power to:

14         1.  Provide and regulate arterial, toll, and other

15  roads, bridges, tunnels, and related facilities; eliminate

16  grade crossings; provide and regulate parking facilities; and

17  develop and enforce master plans for the control of traffic

18  and parking.

19         2.  Provide and operate air, water, rail, and bus

20  terminals, port facilities, and public transportation systems.

21         3.  License and regulate taxis, jitneys, limousines for

22  hire, rental cars, and other passenger vehicles for hire

23  operating in the county.

24         4.  Provide central records, training, and

25  communications for fire and police protection; provide traffic

26  control and central crime investigation; provide fire

27  stations, jails, and related facilities; and subject to

28  Section 1.01A(18) provide a uniform system for fire and police

29  protection.

30         5.  Prepare and enforce comprehensive plans for the

31  development of the county.

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1069

    Amendment No. 1 (for drafter's use only)





  1         6.  Provide hospitals and uniform health and welfare

  2  programs.

  3         7.  Provide parks, preserves, playgrounds, recreation

  4  areas, libraries, museums, and other recreational and cultural

  5  facilities and programs.

  6         8.  Establish and administer housing, slum clearance,

  7  urban renewal, conservation, flood and beach erosion control,

  8  air pollution control, and drainage programs and cooperate

  9  with governmental agencies and private enterprises in the

10  development and operation of these programs.

11         9.  Provide and regulate or permit municipalities to

12  provide and regulate waste and sewage collection and disposal

13  and water supply and conservation programs.

14         10.  Levy and collect taxes and special assessments,

15  borrow and expend money and issue bonds, revenue certificates,

16  and other obligations of indebtedness in such manner, and

17  subject to such limitations, as may be provided by law.

18         11.  By ordinance, establish, merge, and abolish

19  special purpose districts within which may be provided police

20  and fire protection, beach erosion control, recreation

21  facilities, water, streets, sidewalks, street lighting, waste

22  and sewage collection and disposal, drainage, and other

23  essential facilities and services. All county funds for such

24  districts shall be provided by service charges, special

25  assessments, or general tax levies within such districts only.

26  The Board of County Commissioners shall be the governing body

27  of all such districts and when acting as such governing body

28  shall have the same jurisdiction and powers as when acting as

29  the Board; provided, however, the Board of County

30  Commissioners shall not be the governing body of the

31  Metro-Dade Fire and Rescue Service District established by

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1069

    Amendment No. 1 (for drafter's use only)





  1  Ordinance No. 80-86, but said Fire and Rescue Service District

  2  shall be governed by five members elected for initial terms of

  3  two years by the registered voters of the Metro-Dade Fire and

  4  Rescue Service District; provided further, however, that the

  5  governing board of the juvenile welfare special district shall

  6  not be the Board of County Commissioners, but shall consist of

  7  the superintendent of schools, a local school board member,

  8  the district administrator of the Department of Health and

  9  Rehabilitative Services, a member of the Board of County

10  Commissioners and five members appointed by the Governor.

11         12.  Establish, coordinate, and enforce zoning and such

12  business regulations as are necessary for the protection of

13  the public.

14         13.  Adopt and enforce uniform building and related

15  technical codes and regulations for both the incorporated and

16  unincorporated areas of the county; provide for examinations

17  for contractors and all parties engaged in the building trades

18  and for the issuance of certificates of competency and their

19  revocation after hearing. Such certificates shall be

20  recognized and required for the issuance of a license in all

21  municipalities in the county. No municipality shall be

22  entitled to require examinations or any additional certificate

23  of competency or impose any other conditions for the issuance

24  of a municipal license except the payment of the customary

25  fee. The municipality may issue building permits and conduct

26  the necessary inspections in accordance with the uniform codes

27  and charge fees therefor.

28         14.  Regulate, control, take over, and grant franchises

29  to, or itself operate gas, light, power, telephone, and other

30  utilities, sanitary and sewage collection and disposal

31  systems, water supply, treatment, and service systems, and

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1069

    Amendment No. 1 (for drafter's use only)





  1  public transportation systems, provided, however, that:

  2         (a)  Franchises under this subsection may only be

  3  granted by a two-thirds vote of the members of the Board

  4  present and approved by a majority vote of those qualified

  5  electors voting at either a special or general election.

  6         (b)  The county shall not operate a light, power, or

  7  telephone utility to serve any territory in the county which

  8  is being supplied with similar service except by a majority

  9  vote of those qualified electors voting in an election held

10  not less than six months after the Board has passed an

11  ordinance to that effect by a two-thirds vote of the members

12  of the Board present. Such ordinance shall contain information

13  on cost, method of financing, agency to regulate rates, agency

14  to operate, location, and other information necessary to

15  inform the general public of the feasibility and

16  practicability of the proposed operation.

17         15.  Use public funds for the purposes of promoting the

18  development of the county, including advertising of the area's

19  advantages.

20         16.  Establish and enforce regulations for the sale of

21  alcoholic beverages in the unincorporated areas and approve

22  municipal regulations on hours of sale of alcoholic beverages.

23         17.  Enter into contracts with other governmental units

24  within or outside the boundaries of the county for joint

25  performance or performance by one unit in behalf of the other

26  of any authorized function.

27         18.  Set reasonable minimum standards for all

28  governmental units in the county for the performance of any

29  service or function. The standards shall not be discriminatory

30  as between similar areas. If a governmental unit fails to

31  comply with such standards, and does not correct such failure

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1069

    Amendment No. 1 (for drafter's use only)





  1  after reasonable notice by the Board, then the Board may take

  2  over and perform, regulate, or grant franchises to operate any

  3  such service. The Board may also take over and operate, or

  4  grant franchises to operate any municipal service if:

  5         (a)  In an election called by the Board of County

  6  Commissioners within the municipality a majority of those

  7  voting vote in favor of turning the service over to the

  8  county; or

  9         (b)  The governing body of the municipality requests

10  the county to take over the service by a two-thirds vote of

11  its members, or by referendum.

12         19.  By ordinance, abolish or consolidate the office of

13  constables, or any county office created by the Legislature,

14  or provide for the consolidation and transfer of any of the

15  functions of such officers, provided, however, that there

16  shall be no power to abolish the Superintendent of Public

17  Instruction, or to abolish or impair the jurisdiction of the

18  Circuit Court or to abolish any other Court, provided by the

19  Constitution or by general law, or the judges or clerks

20  thereof.

21         20.  Make investigations of county affairs, inquire

22  into the conduct, accounts, records, and transactions of any

23  department or office of the county, and for these purposes

24  require reports from all county officers and employees,

25  subpoena witnesses, administer oaths, and require the

26  production of records.

27         21.  Exercise all powers and privileges granted to

28  municipalities, counties, and county officers by the

29  Constitution and laws of the state, and all powers not

30  prohibited by the Constitution or by this Charter.

31         22.  Adopt such ordinances and resolutions as may be

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1069

    Amendment No. 1 (for drafter's use only)





  1  required in the exercise of its powers, and prescribe fines

  2  and penalties for the violation of ordinances.

  3         23.  Perform any other acts consistent with law which

  4  are required by this Charter or which are in the common

  5  interest of the people of the county.

  6         24.  Supersede, nullify, or amend any special law

  7  applying to this county, or any general law applying only to

  8  this county, or any general law where specifically authorized

  9  by the Constitution.

10         25.  By ordinance, establish a Commission Budget Office

11  with professional staff to assist the board with budgetary

12  planning and oversight authority.

13         26.  Consider and approve by majority vote persons

14  nominated by the County Mayor for the positions of Deputy

15  County Mayor and Chief of Police.

16         B.  No enumeration of powers in this Charter shall be

17  deemed exclusive or restrictive and the foregoing powers shall

18  be deemed to include all implied powers necessary and proper

19  to carrying out such powers. All of these powers may be

20  exercised in the incorporated and unincorporated areas,

21  subject to the procedures herein provided in certain cases

22  relating to municipalities.

23         C.  The Board shall have the power of eminent domain

24  and the right to condemn property for public purposes. The

25  Board shall make fair and just compensation for any properties

26  acquired in the exercise of its powers, duties, or functions.

27  The Board shall also provide for the acquisition or transfer

28  of property, the payment, assumption, or other satisfaction of

29  the debts, and the protection of pension rights of affected

30  employees of any governmental unit which is merged,

31  consolidated, or abolished or whose boundaries are changed or

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1069

    Amendment No. 1 (for drafter's use only)





  1  functions or powers transferred.

  2         D.  The Board shall be entitled to levy in the

  3  unincorporated areas all taxes authorized to be levied by

  4  municipalities and to receive from the state any revenues

  5  collected in the unincorporated areas on the same basis as

  6  municipalities.

  7         SECTION 1.02.  RESOLUTIONS AND ORDINANCES.

  8         A.  The Board shall adopt its own rules of procedure

  9  and shall decide which actions of the Board shall be by

10  ordinance or resolution, except as otherwise provided in this

11  Charter and except that any action of the Board which provides

12  for raising revenue, appropriating funds, or incurring

13  indebtedness (other than refunding indebtedness), or which

14  provides a penalty or establishes a rule or regulation for the

15  violation of which a penalty is imposed shall be by ordinance.

16         B.  Every ordinance shall be introduced in writing and

17  shall contain a brief title. The enacting clause shall be "Be

18  it Ordained by the Board." After passage on first reading, a

19  short summary of the ordinance shall be published in a daily

20  newspaper of general circulation at least once together with a

21  notice of the time when and place where it will be given a

22  public hearing and be considered for final passage. The first

23  such publication shall be at least one week prior to the time

24  advertised for hearing. No ordinance shall be declared invalid

25  by reason of any defect in publication or title if the

26  published summary gives reasonable notice of its intent.

27         C.  At the time and place so advertised, or at any time

28  and place to which such public hearing may from time to time

29  be adjourned, the ordinance shall be read by title and a

30  public hearing shall be held. After the hearing, the Board may

31  pass the ordinance with or without amendment.

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1069

    Amendment No. 1 (for drafter's use only)





  1         D.  The Board may adopt in whole or in part any

  2  published code by reference as an ordinance in the manner

  3  provided by law.

  4         E.  The effective date of any ordinance shall be

  5  prescribed therein, but the effective date shall not be

  6  earlier than ten days after its enactment.

  7         F.  To meet a public emergency affecting life, health,

  8  property, or public safety the Board by two-thirds vote of the

  9  members of the Board may adopt an emergency ordinance at the

10  meeting at which it is introduced, and may make it effective

11  immediately, except that no such ordinance may be used to levy

12  taxes, grant or extend a franchise, or authorize the borrowing

13  of money. After the adoption of an emergency ordinance, the

14  Board shall have it published in full within ten days in a

15  daily newspaper of general circulation.

16         G.  Each ordinance and resolution after adoption shall

17  be given a serial number and shall be entered by the clerk in

18  a properly indexed record kept for that purpose.

19         H.  Within two years after adoption of this Charter the

20  Board shall maintain have prepared a general codification of

21  all county ordinances and resolutions having the effect of

22  law.  The general codification thus prepared shall be adopted

23  by the Board in a single ordinance.  After adoption the Board

24  shall have the codification printed immediately in an

25  appropriate manner together with the Charter and such rules

26  and regulations as the Board may direct.  Additions or

27  amendments to the code shall be prepared, adopted, and printed

28  at least every two years.

29         SECTION 1.03. DISTRICTS.

30         A.  There shall be thirteen eight County Commission

31  districts. The initial boundaries of these districts shall be

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1069

    Amendment No. 1 (for drafter's use only)





  1  as shown on the map attached as Exhibit A and made a par

  2  thereof.

  3         Note: There are thirteen County Commission districts.

  4  Meek v. Metropolitan Dade County, 908 F.2d 1540 (11th Cir.

  5  1990), opinion after remand, 985 F.2d 1471 (11th Cir.1993).

  6         B.  The Board may by ordinance adopted by two-thirds

  7  vote of the members of the Board change the boundaries of the

  8  districts from time to time. The boundaries shall be fixed on

  9  the basis of the character, population, and geography of the

10  districts.

11         C.  The Board of County Commissioners shall adopt

12  procedures for the development of reapportionment plans

13  similar to the standards used by the Florida Legislature.

14         SECTION 1.04.  COMPOSITION OF THE COMMISSION.

15         The Commission shall consist of thirteen nine members

16  elected as follows:

17         The qualified electors residing within each of the 13

18  districts shall elect From each of the eight districts there

19  shall be elected by the qualified electors of the county at

20  large a County Commissioner who shall be a qualified elector

21  residing within the district for at least 1 year six months

22  and within the county at least three years before qualifying.

23  Commencing with the election of Mayor in 1996, the Commission

24  shall consist of eight members. Beginning with the state

25  primary elections in 1968, the Mayor and each Commissioner

26  shall be elected for a term of four years.

27         Note: The Commission consists of thirteen members

28  elected from districts. Meek v.

29         Metropolitan Dade County, 908 F.2d 1540 (11th Cir.

30  1990), opinion after remand,985 F.2d 1471 (11th Cir. 1993).

31         SECTION 1.05.  FORFEITURE OF OFFICE.

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  1         C.  Any appointed official or employee of Dade County

  2  who qualifies as a candidate for election to any federal,

  3  state, county, or municipal office shall immediately take a

  4  leave of absence from his or her county position until the

  5  date of the election and shall, if elected, immediately

  6  forfeit his or her county position. If the candidate is not

  7  elected, he or she shall immediately be reinstated to his or

  8  her former position.

  9         SECTION 1.06.  SALARY.

10         Each member of the Board of County Commissioners

11  Commissioner shall be paid receive a salary the amount of

12  which shall be determined and established in accordance with

13  compensation prescribed for legislators of this state. Each

14  County Commissioner of $6,000 per year payable monthly and

15  shall be entitled to be reimbursed for such reasonable and

16  necessary expenses as may be approved by the Board.

17         SECTION 1.07.  VACANCIES.

18         A.  Any vacancy on in the office of Mayor or the other

19  members of the Board of County Commissioners, other than a

20  vacancy created by the expiration of a member's term, shall be

21  filled by majority vote of the remaining members of the Board

22  within 30 days, or the Board shall call an election to be held

23  not more than 45 days thereafter to fill the vacancy. The

24  person chosen to fill the office vacated must at the time of

25  appointment meet the residence requirements for the office to

26  which such person is appointed. A person appointed shall serve

27  only until the next county-wide election. A person elected

28  shall serve for the remainder of the unexpired term of office.

29  If a majority of the members of the Board should become

30  appointed rather than elected to office, then the Board shall

31  call an election to be held not more than 45 days thereafter

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  1  to permit the registered electors to elect commissioners to

  2  succeed the appointed commissioners; appointed commissioners

  3  may succeed themselves unless otherwise prohibited by the

  4  Charter. If a county-wide election is scheduled to be held

  5  within 180 days from the date on which the majority of the

  6  members of the Board become appointive, the Board may elect to

  7  defer the required election until the scheduled county-wide

  8  election.

  9         B.  Upon the creation of a vacancy in the Office of the

10  County Mayor, the Chairperson of the County Commission shall

11  be appointed by the Board as the Acting County Mayor until a

12  new County Mayor is selected by a special election. The

13  Vice-Chairperson of the County Commission shall assume the

14  Chairmanship on the Board as the interim Chairperson.  A

15  special election shall be held within 90 days to fill the

16  vacancy. If the Acting County Mayor chooses to run for County

17  Mayor, he or she shall relinquish his or her position as

18  Chairperson of the County Commission and a special election

19  shall be held for that Commission seat on the same date as the

20  special election for County Mayor.  If the Acting County Mayor

21  chooses not to run for County Mayor, he or she shall return to

22  the position of Chairperson once a new County Mayor has been

23  elected.

24         SECTION 1.08.  ORGANIZATION OF THE COMMISSION.

25         A.  Commencing with the election of Mayor in 1996, The

26  County Mayor shall not be a member of the Commission. The

27  County Commission shall elect a Chairperson and a

28  Vice-Chairperson from its number by a majority vote. The

29  Chairperson of the Commission shall serve as the presiding

30  officer of the legislative branch of county government for a

31  term of 2 years. The Chairperson, in addition to the powers

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  1  and duties provided elsewhere in this Charter, shall have the

  2  specific powers and duties to:

  3         (1)  Serve as the presiding officer of the Commission.

  4         (2)  Sign ordinances, resolutions, and other

  5  legislative documents for the Commission.

  6         (3)  Schedule Commission meetings.

  7         (4)  Preside over the committee charged with reviewing

  8  nominations submitted by the County Mayor for the positions of

  9  Deputy County Mayor and Chief of Police.

10         (5)  Establish, with the approval of the Commission,

11  standing committees and rules of procedure to govern Board

12  meetings.

13         (6)  Appoint the members of all standing committees and

14  the chairperson of each standing committee.

15

16  Such powers are not subject to veto by the County Mayor. The

17  Mayor shall be the presiding officer of the Commission with

18  the authority to designate another member of the Commission to

19  serve as presiding officer.

20         B.  The Clerk of the Circuit Court or a deputy shall

21  serve as clerk of the County Commission. No action of the

22  County Commission shall be taken except by a majority vote of

23  those present at a meeting at which a majority of the County

24  Commissioners then in office is present. All meetings shall be

25  public. The County Commission shall organize its own structure

26  and rules of procedure.

27

28                           ARTICLE - 2

29

30                           COUNTY MAYOR

31         SECTION 2.01 1.09.  ELECTION OF COUNTY MAYOR.

                                  19

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  1         There shall be elected by the qualified electors of the

  2  county at large a County Mayor who shall be a qualified

  3  elector residing within the county at least three years before

  4  qualifying. The County Mayor shall not serve as a member of

  5  the Commission.  No individual serving as the County

  6  Comptroller or as the Inspector General shall be eligible for

  7  the position of County Mayor during or within 4 years after

  8  termination from said position.

  9         SECTION 2.02 1.10.  RESPONSIBILITIES OF THE COUNTY

10  MAYOR.

11         Commencing with the election of Mayor in 1996, The

12  County Mayor shall serve as head of the county government with

13  the following specific responsibilities:

14         A.  The County Mayor shall within ten days after of

15  final adoption by the County Commission, have veto authority

16  over any legislative, quasi-judicial, zoning, master plan or

17  land use decision of the County Commission, including the

18  budget or any particular component contained therein which was

19  approved by the County Commission; provided, however, that if

20  any revenue item is vetoed, an expenditure item in the same or

21  greater dollar amount must also be vetoed. The County

22  Commission may at its next regularly scheduled meeting after

23  the veto occurs, override that veto by a two-thirds vote of

24  the Commissioners present.

25         B.  When one person succeeds another in the position of

26  County Mayor, the successor shall have the right to nominate

27  persons for the position of Deputy County Mayor. There shall

28  be five Deputy County Mayors: the Deputy County Mayor of

29  Public Safety, the Deputy County Mayor of Planning and

30  Infrastructure, the Deputy County Mayor of Transportation and

31  Economic Development, the Deputy County Mayor of Human

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  1  Services, and the Deputy County Mayor of Governmental

  2  Operations.  The five Deputy County Mayor nominees shall be

  3  approved by a majority vote of the County Commission appoint

  4  the Manager, subject to the approval within 14 days of a

  5  majority of the Commissioners then in office. The Mayor shall

  6  appoint the Manager, subject to the approval within 14 days of

  7  a majority of the Commissioners then in office. The Mayor may

  8  remove the Manager subject to the Commission's conducting a

  9  hearing within 10 days of said removal and the Commission's

10  overriding the Mayor's action by a two-thirds vote of those

11  Commissioners then in office. Additionally, the Commission by

12  a two-thirds vote of those Commissioners then in office shall

13  be able to remove the Manager.

14         C.  All Deputy County Mayors shall serve at the

15  pleasure of the County Mayor. The Mayor shall appoint the

16  members of all standing committees and the chairperson and

17  vice-chairperson of each committee. There shall be as many

18  standing and special committees as deemed necessary by the

19  Mayor.

20         D.  The County Mayor shall prepare and submit an annual

21  legislative budget request to the County Commission deliver a

22  report on the state of the county to the people of the county

23  between November 1 and January 31 annually. Such report shall

24  be prepared after consultation with the Commissioners and the

25  Manager.

26         E.  The County Mayor shall prepare and deliver a

27  budgetary address annually to the people of the county between

28  July 1 and September 30. Such report shall be prepared after

29  consultation with the Manager and budget director.

30         F.  Unless otherwise provided for by civil service

31  rules and regulations, the County Mayor shall have the power

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  1  to appoint and suspend, remove, or discharge all

  2  administrative department heads of the major departments

  3  reporting to the County Mayor pursuant to section 5.01. The

  4  right to suspend, remove, or discharge any department head,

  5  with or without cause, is reserved at all times to the County

  6  Mayor.

  7         G.  The County Commission shall appropriate each fiscal

  8  year to the Executive Office of the County Mayor sufficient

  9  funds to support the following functions and operations:

10         (1)  Chief Administrative Officer.

11         (2)  Budget Director.

12         (3)  Chief Information Officer.

13         (4)  Press Secretary.

14         (5)  Intergovernmental Affairs Director.

15         (6)  Incorporation/Annexation Advisor.

16         (7)  General Counsel.

17

18                          ARTICLE - 3 2

19

20                            ELECTIONS

21         SECTION 3.01 2.01.  ELECTION AND COMMENCEMENT OF TERMS

22  OF COUNTY COMMISSIONERS.

23         A.  Unless otherwise provided in the Charter, beginning

24  in 1976, the election of the Mayor and the County

25  Commissioners from four County Commission districts to be

26  selected by voluntary arrangement or by lot prior to June 1,

27  1976 shall be held at the time of the state primary elections

28  in 1976 and every four years thereafter at the same time. The

29  County Commissioners from the other four County Commission

30  districts shall also be elected in 1976 in the same manner,

31  but only for two year terms; the election of County

                                  22

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  1  Commissioners from these four County Commission districts will

  2  be held again in 1978 and every four years thereafter at the

  3  time of the state primary elections.

  4         Note: The election of the County Commissioners from

  5  even-numbered districts shall be held in 2002 1994 and every

  6  four years thereafter and the election of County Commissioners

  7  from odd-numbered districts shall be held in 2004 1996 and

  8  every four years thereafter. Meek v. Metropolitan Dade County,

  9  908 F.2d 1540 (11th Cir. 1990), opinion after remand, 985 F.2d

10  1471 (11th Cir. 1993).

11         B.  A candidate must receive a majority of the votes

12  cast to be elected. If no candidate receives a majority of the

13  votes cast there will be a runoff election at the time of the

14  state second primary election between the two candidates

15  receiving the highest number of votes. Should a tie result,

16  the outcome shall be determined by lot.

17         C.  Except as otherwise provided in this Charter, the

18  terms of office of the County Mayor and the other County

19  Commissioners shall commence on the second Tuesday next

20  succeeding the date provided for the state second primary

21  elections.

22         D.  Notwithstanding any other provision of this

23  Charter, effective with the term of Mayor scheduled to

24  commence in October, 1996, no person shall be elected as Mayor

25  for more than two consecutive four-year terms. Neither service

26  as Mayor or County Commissioner prior to the terms scheduled

27  to commence in October, 1996, nor service of a partial term

28  subsequent to October, 1996, shall be considered in applying

29  the term limitation provisions of this section.

30         SECTION 3.02 2.02.  SUPERVISOR OF ELECTIONS. RESERVED

31         There shall be a County Supervisor of Elections who

                                  23

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  1  shall be elected by the electors of the county in a

  2  nonpartisan election. The election and powers, duties, and

  3  responsibilities of the County Supervisor of Elections shall

  4  be as provided by general law.

  5         SECTION 3.03 2.03.  NONPARTISAN ELECTIONS.

  6         All elections for County Mayor and the other members of

  7  the Board of County Commissioners shall be nonpartisan and no

  8  ballot shall show the party designation of any candidate. No

  9  candidate shall be required to pay any party assessment or

10  state the party of which he is a member or the manner in which

11  he voted or will vote in any election.

12         SECTION 3.04 2.04.  QUALIFICATIONS AND FILING FEE.

13         All candidates for the office of County Mayor or County

14  Commissioner shall qualify with the Clerk of the Circuit Court

15  no earlier than the 63rd day and no later than noon on the

16  49th day prior to the date of the election at which he is a

17  candidate in the method provided by law or ordinance, and

18  shall pay a filing fee of $300. All filing fees shall be paid

19  into the general funds of the county.

20         SECTION 3.05 2.05.  DISQUALIFICATIONS RESERVED.

21         A.  No person convicted of a felony, responsible for

22  unpaid fines to the Florida Election Commission, or those

23  mentally incompetent shall be qualified to vote or hold office

24  until restoration of civil rights or removal of disability.

25         B.  No person may appear for reelection as County Mayor

26  or to the County Commission if, by the end of the current term

27  of office, that person shall have served, or but for

28  resignation would have served, in that office for 8

29  consecutive years.

30         SECTION 3.06 2.06.  ADDITIONAL REGULATIONS AND STATE

31  LAWS.

                                  24

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  1         A.  The Board may adopt by ordinance any additional

  2  regulations governing elections not inconsistent with this

  3  Charter.

  4         B.  Except as otherwise provided by this Charter or by

  5  ordinance adopted hereunder the provisions of the election

  6  laws of this state shall apply to elections held under this

  7  Charter.

  8         SECTION 3.07 2.07.  CANVASSING ELECTIONS.

  9         All elections under this Charter shall be canvassed by

10  the County Canvassing Board as provided under the election

11  laws of this state.

12

13                          ARTICLE - 4 3

14

15                  THE COUNTY COMPTROLLER MANAGER

16         SECTION 4.01 3.01.  FUNCTIONS.

17         The Office of County Comptroller shall provide

18  independent oversight of all contracts, bonding, and other

19  forms of financial obligations undertaken by the County.

20  Functions presently in the office of the Inspector General and

21  various audit units are vested in this office. The office

22  shall provide for independent oversight of contract

23  compliance. Such oversight shall provide a check on the

24  effectiveness of the policy imperatives and administrative

25  actions of the County Mayor and the County Commission. The

26  County Commission shall fix the County Comptroller's

27  compensation. Commencing with the election of Mayor in 1996,

28  the Manager shall be the head of the administrative branch of

29  the county government. The Commission shall fix the Manager's

30  compensation, and the Manager shall serve as provided in

31  Section 1.10.

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  1         SECTION 4.02 3.02.  QUALIFICATIONS.

  2         A.  The candidate for the position of County

  3  Comptroller shall be chosen on the basis of his or her

  4  academic and administrative qualifications.  At the time of

  5  the County Comptroller's appointment, the County Comptroller

  6  need not be a resident of this state. No individual serving as

  7  the County Mayor or any individual serving as a County

  8  Commissioner shall be eligible for the position of County

  9  Comptroller during or within 2 years after the expiration of

10  their respective terms.

11         B.  The County Commission shall create a County

12  Comptroller Nominating Committee to interview candidates for

13  the position of County Comptroller and to make nominations for

14  County Comptroller to the full County Commission.  Each member

15  of the County Commission and the County Mayor shall appoint a

16  county resident to serve on the committee.  Elected county

17  officials, employees of the county, and registered lobbyists

18  are disqualified for appointment to the County Comptroller

19  Nominating Committee.  A vote of not less than 8 members of

20  the full County Commission shall be required to appoint the

21  County Comptroller.  Appointment to the position of County

22  Comptroller shall be for a six-year term.  However, no

23  individual shall serve more than two consecutive terms in the

24  position of County Comptroller.

25         Commencing with the election of  Mayor in 1996, the

26  Manager shall be chosen on the basis of the Manager's

27  executive and administrative qualifications. At the time of

28  the Manager's appointment the Manager need not be a resident

29  of the state. Neither the Mayor nor any Commissioner shall be

30  eligible for the position of Manager during or within two

31  years after the expiration of their respective terms.

                                  26

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  1         SECTION 3.03.  ABSENCE OF MANAGER.

  2         Commencing with the election of Mayor in 1996, the

  3  Mayor, subject to the approval of the Commission, may

  4  designate a qualified administrative officer of the county to

  5  assume the duties and authority of the Manager during periods

  6  of temporary absence or disability of the Manager.

  7         SECTION 4.03 3.04.  POWERS AND DUTIES.

  8         A.  The County Comptroller shall establish the Office

  9  of the Auditor General and shall do all things necessary to

10  ensure contract and financial compliance with procurement

11  decisions made by the county and third parties in privity by

12  the County.  The County Comptroller shall have staff and

13  offices necessary for the execution of these responsibilities.

14  Commencing with the election of Mayor in 1996, the Manager

15  shall be responsible for the administration of all units of

16  the county government under the Manager's jurisdiction, and

17  for carrying out policies adopted by the Commission. The

18  Manager, or such other persons as may be designated by

19  resolution of the Commission, shall execute contracts and

20  other instruments, sign bonds and other evidences of

21  indebtedness, and accept process.

22         B.  The Office of the Inspector General shall be the

23  principal investigative arm within the Comptroller's Office.

24  The Office of Inspector General shall investigate alleged

25  violations of policy, procedures, and laws by officials,

26  employees, or third parties in privity with the County. Unless

27  otherwise provided for by civil service rules and regulations,

28  the Manager shall have the power to appoint and suspend all

29  administrative department heads of the major departments of

30  the county, to-wit: Tax Collector, Tax Assessor, Department of

31  Public Works, Department of Public Safety, Building and Zoning

                                  27

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  1  Department, Planning Department, Finance Department, Park and

  2  Recreation Department and Internal Auditing Department, except

  3  that before any appointment shall become effective, the said

  4  appointment must be approved by the County Commission and if

  5  the same is disapproved the said appointment shall be void. In

  6  the event such appointment shall be disapproved by the County

  7  Commission the appointment shall forthwith become null and

  8  void and thereupon the County Manager shall make a new

  9  appointment or appointments, each of which shall likewise be

10  submitted for approval by the County Commission. However, the

11  right to suspend, remove or discharge any department head with

12  or without cause, is reserved at all times to the County

13  Manager.

14         C.  The County Comptroller shall be the County's

15  liaison to the Commission on Ethics and Public Trust and shall

16  be responsible for funding the operations and administration

17  of the Commission on Ethics and Public Trust.

18         D.  The County Comptroller shall submit a legislative

19  budget request delineating the resources needed to carry out

20  the functions mandated by the Charter.

21         SECTION 4.04 3.05.  RESTRICTION ON REGARDING OFFICE OF

22  COMPTROLLER COMMISSION MEMBERS.

23         Neither the County Mayor nor any County Commissioner

24  shall direct or request the appointment of any person to, or

25  his or her removal from, office by the County Comptroller or

26  any of the County Comptroller's subordinates.  Any willful

27  violation of the provisions of this Section by the County

28  Mayor or any County Commissioner shall be grounds for his or

29  her removal from office by an action brought in the Circuit

30  Court by the State Attorney of this County.  Nothing in this

31  section shall prohibit the County Mayor or a County

                                  28

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  1  Commissioner from requesting an inquiry into the activities of

  2  the Office of County Comptroller or into the activities of any

  3  individual within the Office of County Comptroller. Neither

  4  the Mayor nor any Commissioner shall direct or request the

  5  appointment of any person to, or his or her removal from,

  6  office by the Manager or any of the Manager's subordinates, or

  7  take part in the appointment or removal of officers and

  8  employees in the administrative services of the county. Except

  9  for the purpose of inquiry, as provided in Section 1.01A(20),

10  the Mayor and Commissioners shall deal with the administrative

11  service solely through the Manager and neither the Mayor nor

12  any Commissioner shall give orders to any subordinates of the

13  Manager, either publicly or privately. Any willful violation

14  of the provisions of this Section by the Mayor or any

15  Commissioner shall be grounds for his or her removal from

16  office by an action brought in the Circuit Court by the State

17  Attorney of this county.

18         SECTION 4.05  REMOVAL

19         The Board of County Commissioners shall have the power

20  to remove the County Comptroller for cause subject to the

21  County Commission's conducting a public hearing on the matter.

22  An affirmative vote of not less than eight of those County

23  Commissioners then in office shall be required to remove the

24  County Comptroller.

25

26                          ARTICLE - 5 4

27

28            ADMINISTRATIVE ORGANIZATION AND PROCEDURE

29         SECTION 5.01 4.01.  OFFICES OF THE DEPUTY COUNTY MAYORS

30  DEPARTMENTS. The County Administration shall be organized into

31  five service offices each headed by a Deputy County Mayor.

                                  29

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  1  The County Mayor shall nominate a Deputy County Mayor for each

  2  of the service offices of Public Safety, Planning and

  3  Infrastructure, Transportation and Economic Development, Human

  4  Services, and Governmental Operations.  A majority vote of the

  5  County Commission shall be required for confirmation of any

  6  nominee for a Deputy County Mayor.  Each Deputy County Mayor

  7  shall have responsibility for a cluster of related

  8  departments. Initially, the departments within the five

  9  service offices shall be delineated as follows:

10         A.  Within the Office of the Deputy County Mayor for

11  Public Safety, the departments of:

12         (1)  Corrections and Rehabilitation.

13         (2)  Emergency Management.

14         (3)  Miami-Dade Fire Rescue.

15         (4)  Medical Examiner.

16         (5)  Miami-Dade Police.

17         (6)  Youth Crime Task Force.

18         (7)  Animal Control.

19         B.  Within the Office of Deputy County Mayor for

20  Planning and Infrastructure:

21         (1)  Department of Environmental Resources Management.

22         (2)  Office of Water Management.

23         (3)  Planning and Zoning.

24         (4)  Public Works.

25         (5)  Solid Waste.

26         (6)  Water and Sewer.

27         (7)  Building.

28         (8)  Capital Improvement Coordination.

29         (9)  Code Compliance.

30         (10)  Parks & Recreation.

31         C.  Within the Office of the Deputy County Mayor for

                                  30

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  1  Transportation and Economic Development:

  2         (1)  Beacon Council.

  3         (2)  Chambers of Commerce.

  4         (3)  Community & Economic Development.

  5         (4)  Consumer Services.

  6         (5)  Empowerment Zone.

  7         (6)  Greater Miami Convention & Visitors Bureau.

  8         (7)  Metro-Miami Action Plan.

  9         (8)  Urban Revitalization Task Force.

10         (9)  Aviation.

11         (10)  Seaport.

12         (11)  Transit.

13         (12)  Miami-Dade Expressway Authority.

14         (13)  Metropolitan Planning Organization.

15         (14)  Business Development.

16         (15)  Tourist Development Council.

17         D.  Within the Office of the Deputy County Mayor for

18  Human Services:

19         (1)  Community Action Agencies.

20         (2)  Housing.

21         (3)  Community Relations Bureau.

22         (4)  Homeless Trust.

23         (5)  Housing Finance Authority.

24         (6)  Human Services.

25         (7)  Public Health Trust.

26         (8)  Training and Education.

27         E.  Within the Office of the Deputy County Mayor for

28  Governmental Operations:

29         (1)  Tax Collector.

30         (2)  Property Appraiser.

31         (3)  Team Metro.

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  1         (4)  Art in Public Places.

  2         (5)  Cultural Affairs.

  3         (6)  Libraries.

  4         (7)  Museums.

  5         (8)  Performing Arts.

  6         There shall be departments of finance, personnel,

  7  planning, law, and such other departments as may be

  8  established by administrative order of the Manager. All

  9  functions not otherwise specifically assigned to others by

10  this Charter shall be performed under the supervision of the

11  Manager.

12         SECTION 5.02 4.02.  ADMINISTRATIVE PROCEDURE.

13         The County Mayor Manager shall have the power to issue

14  and place into effect administrative orders, rules, and

15  regulations. The organization and operating procedure of

16  departments shall be set forth in administrative regulations

17  which the County Mayor Manager shall develop, place into

18  effect by administrative orders, and submit to the Board. The

19  Board may, by resolution, modify such orders, rules or

20  regulations providing, however, no such orders, rules or

21  regulations creating, merging, or combining departments, shall

22  become effective until approved by resolution of the Board.

23         SECTION 5.03 4.03.  FINANCIAL PLANNING ADMINISTRATION.

24         A.  The Executive Office of the County Mayor shall be

25  responsible for the department of finance shall be headed by a

26  finance director appointed by the Manager. The finance

27  director shall have charge of the financial administration

28  affairs of the county.

29         B.  On or before the date established by law, the

30  Manager shall recommend to the Board a proposed budget

31  presenting a complete financial plan, including capital and

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                                                  Bill No. HB 1069

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  1  operating budgets, for the ensuing fiscal year. A summary of

  2  the budget shall be published and the Board shall hold

  3  hearings on and adopt a budget.

  4         B. C.  No money shall be drawn from the county treasury

  5  nor shall any obligation for the expenditure of money be

  6  incurred except pursuant to appropriation and except that the

  7  Board may establish working capital, revolving, pension, or

  8  trust funds and may provide that expenditures from such funds

  9  can be made without specific appropriation. The Board, by

10  ordinance, may transfer any unencumbered appropriation

11  balance, or any portion thereof, from one department, fund, or

12  agency to another, subject to the provisions of ordinance. Any

13  portion of the earnings or balance of the several funds, other

14  than sinking funds for obligations not yet retired, may be

15  transferred to the general funds of the county by the Board.

16         C. D.  Contracts for public improvements and purchases

17  of supplies, materials, and services other than professional

18  shall be made whenever practicable on the basis of

19  specifications and competitive bids. Formal sealed bids shall

20  be secured by the procuring agent of the county for all such

21  contracts and purchases when the transaction involves more

22  than the minimum amount established by the Board of County

23  Commissioners by ordinance. The transaction shall be evidenced

24  by written contract submitted and approved by the procuring

25  agency of the county Board. The Board, upon written

26  recommendation of the County Comptroller Manager, may by

27  resolution adopted by two-thirds vote of the members present

28  waive competitive bidding when it finds this to be in the best

29  interest of the county. Any contract awarded on a no-bid basis

30  must be open for formal competitive bidding within 6 months

31  after the date of the award.

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  1         D. E.  Any county official or employee of the county

  2  who has a personal special financial interest, direct or

  3  indirect, in any action by the Board shall make known that

  4  interest and shall refrain from voting upon or otherwise

  5  participating in such transaction. Willful violation of this

  6  Section shall constitute malfeasance in office, shall effect

  7  forfeiture of office or position, and render the transaction

  8  voidable by the Board.

  9         E. F.  Such officers and employees of the county as the

10  Board may designate shall give bond in the amount and with the

11  surety prescribed by the Board. The bond premiums shall be

12  paid by the county.

13         F. G.  At the end of each fiscal year, the County

14  Comptroller Board shall provide for an audit by an independent

15  certified public accountant designated by the County

16  Comptroller Board of the accounts and finances of the county

17  for the fiscal year just completed.

18         H.  The Budget Commission created by Chapter 21874,

19  Laws of Florida,1943, is hereby abolished, and Chapter 21874

20  shall no longer be of any effect.

21         SECTION 5.04 4.04.  ASSESSMENT AND COLLECTION OF TAXES.

22         A.  Beginning with the tax year 1961, the county tax

23  rolls prepared by the county shall be the only legal tax rolls

24  in this county for the assessment and collection of county and

25  municipal taxes. Thereafter no municipality shall have an

26  assessor or prepare an ad valorem tax roll. Each municipality

27  shall continue to have the right to adopt its own budget, fix

28  its own millage, and levy its own taxes. Each municipality

29  shall certify its levies to the County Mayor Manager not later

30  than 30 days after the county tax rolls have been finally

31  approved by the Board. Any municipality may obtain a copy of

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  1  this tax roll upon payment of the cost of preparing such a

  2  copy, and copies of the tax rolls shall be available for

  3  public inspection at reasonable times. Maps showing the

  4  assessed valuation of each parcel of property may be prepared

  5  and made available for sale to the public at a reasonable

  6  price.

  7         B.  All county and municipal taxes for the tax year

  8  beginning January 1, 1961, and all subsequent tax years, shall

  9  be collected by the county on one bill prepared and sent out

10  by the county. The amounts of county and municipal taxes shall

11  be shown as separate items, and may be paid separately.

12         C.  Delinquent municipal taxes shall be collected in

13  the same manner as delinquent county taxes.

14         D.  All the tax revenues collected for any municipality

15  shall be returned monthly by the county to the municipality.

16         SECTION 5.05 4.05.  CIVIL SERVICE DEPARTMENT OF

17  PERSONNEL.

18         A.  The Board of County Commissioners shall establish

19  and maintain personnel and civil service, retirement, and

20  group insurance programs. The personnel system of the county

21  shall be based on merit principles in order to foster

22  effective career service in county employment and to employ

23  those persons best qualified for county services which they

24  are to perform.

25         B.  The County Manager shall appoint a personnel

26  director who shall head the department of personnel and whose

27  duty it shall be to administer the personnel and civil service

28  programs and the rules governing them. The standards of such

29  programs shall not be less than those prevailing at the time

30  of the effective date of this Charter.

31         B. C.  Except as provided herein, Chapter 30255,

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                                                  Bill No. HB 1069

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  1  General Laws, 1955, as it exists on the effective date of this

  2  Charter, shall remain in effect until amended or changed by

  3  ordinance of the Board of County Commissioners adopted by

  4  two-thirds vote of the members present after recommendation

  5  from either the Personnel Advisory Board or the County Mayor

  6  Manager.

  7         C. D.  Employees of municipalities who, by merger,

  8  transfer, or assignment of governmental units or functions

  9  become county employees, shall not lose the civil service

10  rights or privileges which have accrued to them during their

11  period of employment with such municipality, and the county

12  shall use its best efforts to employ these employees within

13  the limits of their capabilities. However, if because of the

14  merger of a department or division of a municipality with the

15  county, all of the employees of such department or division

16  are unable to be employed by the county either because of lack

17  of funds or lack of work, the employee possessing the greater

18  amount of service shall be retained in accordance with civil

19  service rules and regulations. Those employees who are not

20  retained shall be placed on a priority list for employment by

21  the county subject to seniority. Any non-retained employee

22  shall have the option, if a vacancy occurs or exists in

23  another department, and if he is qualified to render the

24  service required, to either accept such employment or remain

25  on the priority list until such time as employment shall be

26  available for him in his own or similar classification.

27         D. E.  The pension plan presently provided by the state

28  for county employees shall not be impaired by the Board.

29  Employees of municipalities, who by merger, transfer, or

30  assignment of governmental units or functions become county

31  employees shall not lose their pension rights, or any reserves

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                                                  Bill No. HB 1069

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  1  accrued to their benefit during their period of employment

  2  with such municipality. The Board of County Commissioners

  3  shall provide a method by which these employees' rights and

  4  reserves shall be protected, and these employees shall

  5  continue until retirement, dismissal, or death in a pension

  6  status no less beneficial than the status held by them at the

  7  time of merger or assignment.

  8         E F.  The Board of County Commissioners shall provide

  9  and place into effect a practical group insurance plan for all

10  county employees.

11         SECTION 5.06 4.06.  OFFICE OF COUNTY ATTORNEY

12  DEPARTMENT OF LAW.

13         There shall be a county attorney appointed by the Board

14  of County Commissioners who shall serve at the will of the

15  Board and who shall head the Office of County Attorney

16  department of law. The County Attorney He shall devote his

17  full time to the service of the county and shall serve as

18  legal counsel to the Board, Manager, and all county

19  departments, offices, and agencies, and perform such other

20  legal duties as may be assigned to the County Attorney him.

21  With the approval of the Board, the County Attorney he may

22  appoint such assistants as may be necessary in order that the

23  his duties of the County Attorney may be performed properly.

24  The Board may employ special counsel for specific needs.

25         SECTION 5.07 4.07.  DEMOGRAPHIC, POLICY, AND DEPARTMENT

26  OF PLANNING.

27         The department of planning shall be headed by a

28  planning director appointed by the County Manager. The

29  planning director shall be qualified in the field of planning

30  by special training and experience. Under the supervision of

31  the County Mayor Manager and with the advice of the Planning

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                                                  Bill No. HB 1069

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  1  Advisory Board elsewhere provided for in this Charter, the

  2  Office of Deputy County Mayor of Planning and Infrastructure

  3  director shall among other things:

  4         1.  Conduct studies of county population, land use,

  5  facilities, resources, and needs and other factors which

  6  influence the county's development, and on the basis of such

  7  studies prepare such official and other maps and reports as,

  8  taken together, constitute a master plan for the welfare,

  9  recreational, economic, and physical development of the

10  county.

11         2.  Prepare for review by the Planning Advisory Board,

12  and for adoption by the Board of County Commissioners, zoning,

13  subdivision and related regulations for the unincorporated

14  areas of the county and minimum standards governing zoning,

15  subdivision, and related regulations for the municipalities;

16  and prepare recommendations to effectuate the master plan and

17  to coordinate the county's proposed capital improvements with

18  the master plan.

19         3.  Review the municipal systems of planning, zoning,

20  subdivision, and related regulations and make recommendations

21  thereon with a view of coordinating such municipal systems

22  with one another and with those of the county.

23         SECTION 5.08 4.08.  BOARDS.

24         A.  The Board of County Commissioners shall by

25  ordinance create a Planning Advisory Board, a Zoning Appeals

26  Board, and such other boards as it may deem necessary,

27  prescribing in each case the number, manner of appointment,

28  length of term, and advisory or quasi-judicial duties of

29  members of such boards, who shall serve without compensation

30  but who may be reimbursed for necessary expenses incurred in

31  official duties, as may be determined and approved by the

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                                                  Bill No. HB 1069

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  1  Board of County Commissioners.

  2         B.  The Board of County Commissioners may by ordinance

  3  provide for the expansion of the City of Miami Water and Sewer

  4  Board to act as an agency county-wide in scope and authority,

  5  with the power to acquire, construct and operate water and

  6  sewer systems within the incorporated and the unincorporated

  7  areas of Dade County, which agency shall be known as the

  8  Miami-Dade Water and Sewer Authority. The Miami-Dade Water and

  9  Sewer Authority shall have the responsibility to develop and

10  operate a county-wide water and sewer system for the purpose

11  of providing potable water, sewage collection and disposal and

12  water pollution abatement to the citizens of Dade County.

13         C.  Miami-Dade Dade County shall retain all its powers,

14  including but not limited to that of eminent domain, in

15  relation to the creation of a county-wide water and sewer

16  system, for the purpose of cooperating with the Miami-Dade

17  Water and Sewer Authority.

18

19                          ARTICLE - 6 5

20

21                          MUNICIPALITIES

22         SECTION 6.01 5.01.  CONTINUANCE OF MUNICIPALITIES.

23         The municipalities in the county shall remain in

24  existence so long as their electors desire. No municipality in

25  the county shall be abolished without approval of a majority

26  of its electors voting in an election called for that purpose.

27  The right of self determination in local affairs is reserved

28  and preserved to the municipalities except as otherwise

29  provided in this Charter.

30         SECTION 6.02 5.02.  MUNICIPAL POWERS.

31         Each municipality shall have the authority to exercise

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  1  all powers relating to its local affairs not inconsistent with

  2  this Charter. Each municipality may provide for higher

  3  standards of zoning, service, and regulation than those

  4  provided by the Board of County Commissioners in order that

  5  its individual character and standards may be preserved for

  6  its citizens.

  7         SECTION 6.03 5.03.  MUNICIPAL CHARTERS.

  8         A.  Except as provided in Section 6.04 5.04, any

  9  municipality in the county may adopt, amend, or revoke a

10  charter for its own government or abolish its existence in the

11  following manner. Its governing body shall, within 120 days

12  after adopting a resolution or after the certification of a

13  petition of ten percent of the qualified electors of the

14  municipality, draft or have drafted by a method determined by

15  municipal ordinance a proposed charter amendment, revocation,

16  or abolition which shall be submitted to the electors of the

17  municipalities. Unless an election occurs not less than 60 nor

18  more than 120 days after the draft is submitted, the proposal

19  shall be submitted at a special election within that time. The

20  governing body shall make copies of the proposal available to

21  the electors not less than 30 days before the election.

22  Alternative proposals may be submitted. Each proposal approved

23  by a majority of the electors voting on such proposal shall

24  become effective at the time fixed in the proposal.

25         B.  All municipal charters, amendments thereto, and

26  repeals thereof shall be filed with the Clerk of the Circuit

27  Court.

28         SECTION 6.04 5.04. CHANGES IN MUNICIPAL BOUNDARIES.

29         A.  The Office of Deputy County Mayor of Planning and

30  Infrastructure director shall study municipal boundaries with

31  a view to recommending their orderly adjustment, improvement,

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  1  and establishment. Proposed boundary changes may be initiated

  2  by the Planning Advisory Board, the Board of County

  3  Commissioners, the governing body of a municipality, or by a

  4  petition of any person or group concerned.

  5         B.  The Board of County Commissioners, after obtaining

  6  the approval of the municipal governing bodies concerned,

  7  after hearing the recommendations of the Planning Advisory

  8  Board, and after a public hearing, may by ordinance effect

  9  boundary changes, unless the change involves the annexation or

10  separation of an area of which more than 250 residents are

11  electors, in which case an affirmative vote of a majority of

12  those electors voting shall also be required. Upon any such

13  boundary change any conflicting boundaries set forth in the

14  charter of such municipality shall be considered amended.

15         C.  No municipal boundary shall be altered except as

16  provided by this Section.

17         SECTION 6.05 5.05.  CREATION OF NEW MUNICIPALITIES.

18         The Board of County Commissioners and only the Board

19  may authorize the creation of new municipalities in the

20  unincorporated areas of the county after hearing the

21  recommendations of the Planning Advisory Board, after a public

22  hearing, and after an affirmative vote of a majority of the

23  electors voting and residing within the proposed boundaries.

24  The Board of County Commissioners shall appoint a charter

25  commission, consisting of five electors residing within the

26  proposed boundaries, who shall propose a charter to be

27  submitted to the electors in the manner provided in Section

28  6.03 5.03. The new municipality shall have all the powers and

29  rights granted to or not withheld from municipalities by this

30  Charter and the Constitution and general laws of the State of

31  Florida. Notwithstanding any provision of this Charter to the

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                                                  Bill No. HB 1069

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  1  contrary, with regard to any municipality created after

  2  September 1, 2000, the pre-agreed conditions between the

  3  County and the prospective municipality which are included in

  4  the municipal charter may only be changed if approved by an

  5  affirmative vote of two-thirds of the members of the Board of

  6  County Commissioners then in office, prior to a vote of

  7  qualified municipal electors.

  8         SECTION 6.06 5.06.  CONTRACTS WITH OTHER UNITS OF

  9  GOVERNMENT.

10         Every municipality in this county shall have the power

11  to enter into contracts with other governmental units within

12  or outside the boundaries of the municipality or the county

13  for the joint performance or performance by one unit in behalf

14  of the other of any municipal function.

15         SECTION 6.07 5.07.  FRANCHISE AND UTILITY TAXES.

16         Revenues realized from franchise and utility taxes

17  imposed by municipalities shall belong to municipalities.

18

19                          ARTICLE - 7 6

20

21         PARKS, AQUATIC PRESERVES, AND PRESERVATION LANDS

22         Note: This Article does not apply to municipal property

23  in Coral Gables, Hialeah, Hialeah Gardens, Miami, Sweetwater

24  and West Miami. See Section 6.04.

25         SECTION 7.01 6.01.  POLICY.

26         Parks, aquatic preserves, and lands acquired by the

27  County for preservation shall be held in trust for the

28  education, pleasure, and recreation of the public and they

29  shall be used and maintained in a manner which will leave them

30  unimpaired for the enjoyment of future generations as a part

31  of the public's irreplaceable heritage. They shall be

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                                                  Bill No. HB 1069

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  1  protected from commercial development and exploitation and

  2  their natural landscape, flora and fauna, and scenic beauties

  3  shall be preserved. In lands acquired by the County for

  4  preservation and in parks along the Ocean or the Bay the

  5  public's access to and view of the water shall not be

  6  obstructed or impaired by buildings or other structures or

  7  concessions which are in excess of 1500 square feet each.

  8  Adequate maintenance shall be provided.

  9         SECTION 7.02 6.02.  RESTRICTIONS AND EXCEPTIONS.

10         In furtherance of this policy parks shall be used for

11  public park purposes only, and subject to the limited

12  exceptions set forth in this Article, there shall be no

13  permanent structures or private commercial advertising erected

14  in a public park or private commercial use of a public park or

15  renewals, expansions, or extensions of existing leases,

16  licenses, or concessions to private parties of public park

17  property, unless each such structure, lease, license, renewal,

18  expansion, extension, concession or use shall be approved by a

19  majority vote of the voters in a County-wide referendum.

20  Nothing in this Article shall prevent any contract with

21  federally tax-exempt not-for-profit youth, adult, and senior

22  cultural, conservation and parks and recreation program

23  providers. To ensure aquatic preserves, lands acquired by the

24  County for preservation, and public parks or parts thereof

25  which are nature preserves, beaches, natural forest areas,

26  historic or archeological areas, or otherwise possess unique

27  natural values in their present state, such as Matheson

28  Hammock, Greynolds Park, Redlands Fruit and Spice Park,

29  Castellow Hammock, Crandon Park, Trail Glades Park, Deering

30  Estate Park, Pine Shore Park, Old Cutler Hammock, Chapman

31  Field, Tamiami Pinelands, Wainright Park, Larry and Penny

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                                                  Bill No. HB 1069

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  1  Thompson Park, Whispering Pines Hammock, Mangrove Preserve,

  2  Owaissa Bauer Park, Fuchs Hammock, Black Point Marina, Simpson

  3  Park, Sewell Park, Barnes Park, Virginia Key, mangrove

  4  preserves, and all other natural or historical resource based

  5  parks do not lose their natural or historical values, any

  6  structure, lease, license, renewal, extension, concession or

  7  use in any of this class of public parks or in aquatic

  8  preserves and preservation lands must be approved by an

  9  affirmative vote of two-thirds of the voters in a County-wide

10  referendum. No park shall be designed to be used beyond its

11  appropriate carrying capacity and to the extent required by

12  law all parks and facilities and permitted special events and

13  concessions operating in the parks shall be fully accessible

14  to persons with disabilities. Nothing in this Article shall

15  prevent the maintenance of existing facilities, the

16  maintenance, operation, and renovation of existing golf course

17  and marina restaurants at their existing square footage by

18  government agencies or private operators, provided such

19  private operators are chosen as a result of competitive

20  selection and their initial contract terms are limited to no

21  more than ten years, or the construction, operation,

22  maintenance, and repair by government agencies or private

23  operators of or issuance of temporary permits for:

24         A.  Appropriate access roads, bridges, fences,

25  lighting, flag poles, entrance features, picnic shelters,

26  tables, grills, benches, irrigation systems, walls, erosion

27  control devices, utilities, trash removal, parking and

28  security and fire facilities for the primary use of the park

29  system;

30         B.  Food and concession facilities each not in excess

31  of 1500 square feet of enclosed space, with any complementary

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  1  outdoor or covered areas needed to service park patrons;

  2         C.  User-participation non-spectator recreation and,

  3  playground facilities, golf courses and golf-course related

  4  facilities, and bandstands and bandshells containing less than

  5  1,000 spectator seats and athletic facilities, sports fields

  6  and arenas containing less than 3,000 spectator seats;

  7         D.  Facilities for marinas, sightseeing and fishing

  8  boats, visiting military vessels, and fishing;

  9         E.  Park signage and appropriate plaques and monuments;

10         F.  Rest rooms;

11         G.  Fountains, gardens, and works of art;

12         H.  Park service facilities, senior, day care and

13  pre-school facilities, small nature centers with not more than

14  one classroom;

15         I.  Film permits, temporary fairs, art exhibits,

16  performing arts, concerts, cultural and historic exhibitions,

17  regattas, athletic contests and tournaments, none of which

18  require the erection of permanent structures;

19         J.  Advertising in connection with sponsorship of

20  events or facilities in the park, provided however all such

21  facilities and uses are compatible with the particular park

22  and are scheduled so that such events do not unreasonably

23  impair the public use of the park or damage the park.

24         K.  Programming partnerships with qualified federally

25  tax exempt not-for-profit youth, adult, and senior cultural,

26  conservation, and parks and recreation program providers;

27         L.  Agreements with cable, internet, telephone,

28  electric or similar service providers or utilities, so long as

29  any installations are underground or do not adversely impact

30  natural resources, or parks facilities and uses. No park

31  facilities, golf courses, or County lands acquired for

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  1  preservation shall be converted to or used for non-park

  2  offices, purposes, or uses. The County, the municipalities,

  3  and agencies or groups receiving any public funding shall not

  4  expend any public money or provide any publicly funded

  5  services in kind to any project which does not comply with

  6  this Article. No building permit or certificate of occupancy

  7  shall be issued for any structure in violation of this

  8  Article. The restrictions applying to parks in this Article

  9  shall not apply to the Dade County Youth Fair site, Metro Zoo,

10  Tamiami Stadium, Haulover Fishing Pier, the Dade County

11  Auditorium, the Museum of Science, the Gold Coast Railroad

12  Museum, Vizcaya Museum and Gardens, Trail Glade Range, the

13  Orange Bowl, the Commodore Ralph Munroe Marine Stadium, the

14  Seaquarium, Curtis Park track and stadium, Fairchild Tropical

15  Gardens, and mini and neighborhood parks except that no mini

16  or neighborhood park may be leased or disposed of unless a

17  majority of the residents residing in voting precincts any

18  part of which is within 1 mile of the park authorize such sale

19  or lease by majority vote in an election.

20         SECTION 7.03 6.03. ENFORCEMENT AND CONSTRUCTION.

21         All elections required by this Article shall be held

22  either in conjunction with state primary or general elections

23  or as part of bond issue elections. The provisions of this

24  Article may be enforced in the same manner as provided in

25  Section (C) of the Citizens' Bill of Rights of this Charter.

26  The provisions of this Article shall be liberally construed in

27  favor of the preservation of all park lands, aquatic

28  preserves, and preservation lands. If any provision of this

29  Article shall be declared invalid it shall not affect the

30  validity of the remaining provisions of this Article. This

31  Article shall not be construed to illegally impair any

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  1  previously existing valid written contractual commitments or

  2  bids or bonded indebtedness.

  3         SECTION 7.04 6.04.  JURISDICTION.

  4         Except as otherwise provided herein the provisions of

  5  this Article shall apply to all County and municipal parks,

  6  aquatic preserves, and lands acquired by the County for

  7  preservation now in existence or hereafter acquired, provided

  8  that if this Article was not favorably voted upon by a

  9  majority of the voters voting in any municipality at the time

10  of the adoption of this Article the municipal parks of such

11  municipality shall be excluded from the provisions of this

12  Article.

13

14                          ARTICLE - 8 7

15

16                INITIATIVE, REFERENDUM, AND RECALL

17         SECTION 8.01 7.01.  INITIATIVE AND REFERENDUM.

18         The electors of the county shall have the power to

19  propose to the Board of County Commissioners passage or repeal

20  of ordinances and to vote on the question if the Board refuses

21  action, according to the following procedure:

22         1.  The person proposing the exercise of this power

23  shall submit the proposal to the Board which shall without

24  delay approve as to form a petition for circulation in one or

25  several copies as the proposer may desire.

26         2.  The person or persons circulating the petition

27  shall, within 60 days of the approval of the form of the

28  petition, obtain the valid signatures of voters in the county

29  in numbers at least equal to four percent of the registered

30  voters in the county on the day on which the petition is

31  approved, according to the official records of the County

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                                                  Bill No. HB 1069

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  1  Supervisor of Elections. In determining the sufficiency of the

  2  petition, no more than 25 percent of the valid signatures

  3  required shall come from voters registered in any single

  4  county commission district. Each signer of a petition shall

  5  place thereon, after his name, the date, and his place of

  6  residence or precinct number. Each person circulating a copy

  7  of the petition shall attach to it a sworn affidavit stating

  8  the number of signers and the fact that each signature was

  9  made in the presence of the circulator of the petition.

10         3.  The signed petition shall be filed with the Board

11  which shall within 30 days order a canvass of the signatures

12  thereon to determine the sufficiency of the signatures. If the

13  number of signatures is insufficient or the petition is

14  deficient as to form or compliance with this Section, the

15  Board shall notify the person filing the petition that the

16  petition is insufficient and has failed.

17         4.  The Board shall within 30 days after the date a

18  sufficient petition is presented either:

19         (a)  Adopt the ordinance as submitted in an initiatory

20  petition or repeal the ordinance referred to by a referendary

21  petition, or

22         (b)  Submit the proposal to the electors in impartial

23  and concise language and in such manner as provides a clear

24  understanding of the proposal.

25         5.  If the Board determines to submit the proposal to

26  the electors, the election shall be held either:

27         (a)  In the next scheduled county-wide election, or

28         (b)  If the petition contains the valid signatures in

29  the county in numbers at least equal to eight percent of the

30  registered voters in the county, the election shall take place

31  within 120 days after the date the petition is presented to

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1069

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  1  the Board, preferably in an election already scheduled for

  2  other purposes, otherwise in a special election. The result

  3  shall be determined by a majority vote of the electors voting

  4  on the proposal.

  5         6.  An ordinance proposed by initiatory petition or the

  6  repeal of an ordinance by referendary petition shall be

  7  effective on the day after the election, except that:

  8         (a)  Any reduction or elimination of existing revenue

  9  or any increase in expenditures not provided for by the

10  current budget or by existing bond issues shall not take

11  effect until the beginning of the next succeeding fiscal year;

12  and

13         (b)  Rights accumulated under an ordinance between the

14  time a certified referendary petition against the ordinance is

15  presented to the Board and the repeal of the ordinance by the

16  voters, shall not be enforced against the county; and

17         (c)  Should two or more ordinances adopted at the same

18  election have conflicting provisions, the one receiving the

19  highest number of votes shall prevail as to those provisions.

20         7.  An ordinance adopted by the electorate through

21  initiatory proceedings shall not be amended or repealed by the

22  Board for a period of one year after the election at which it

23  was adopted, but thereafter it may be amended or repealed like

24  any other ordinance.

25         SECTION 8.02 7.02.  RECALL.

26         Any member of the Board of County Commissioners or the

27  County Mayor Sheriff or any Constable may be removed from

28  office by the electors of the county, district, or

29  municipality by which the officeholder he was chosen. The

30  procedure on a recall petition shall be identical with that

31  for an initiatory or referendary petition, except that:

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                                                  Bill No. HB 1069

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  1         1.  The Clerk of the Circuit Court shall approve the

  2  form of the petition.

  3         2.  The person or persons circulating the petition must

  4  obtain signatures of electors of the county, district, or

  5  municipality concerned in numbers at least equal to four

  6  percent of the registered voters in the county district or

  7  municipality on the day on which the petition is approved,

  8  according to the official records of the County Supervisor of

  9  Elections.

10         3.  The signed petition shall be filed with and

11  canvassed and certified by the Clerk of the Circuit Court.

12         4.  The Board of County Commissioners must provide for

13  a recall election not less than 45 nor more than 90 days after

14  the certification of the petition.

15         5.  The question of recall shall be placed on the

16  ballot in a manner that will give the elector a clear choice

17  for or against the recall. The result shall be determined by a

18  majority vote of the electors voting on the question.

19         6.  If the majority is against recall the officer shall

20  continue in office under the terms of his previous election.

21  If the majority is for recall he shall, regardless of any

22  defect in the recall petition, be deemed removed from office

23  immediately.

24         7.  No recall petition against such an officer shall be

25  certified within one year after he takes office nor within one

26  year after a recall petition against him is defeated.

27         8.  Any vacancy created by recall in the offices of

28  Sheriff or Constables shall be filled for the remaining term

29  by appointment by the Board of County Commissioners, or the

30  Board may require the office to be filled at the next regular

31  election or at a special election called for that purpose.

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                                                  Bill No. HB 1069

    Amendment No. 1 (for drafter's use only)





  1

  2                          ARTICLE - 9 8

  3

  4                        GENERAL PROVISIONS

  5         SECTION 9.01 8.01.  ABOLITION OF CERTAIN OFFICES AND

  6  TRANSFER OF FUNCTIONS.

  7         A.  On (this date is to be established) May 1, 1958,

  8  the following offices are hereby abolished and the powers and

  9  functions of such offices are hereby transferred to the County

10  Mayor Manager who shall provide for the continuation of all

11  the duties and functions of these offices required under the

12  Constitution and general laws of this state: County Property

13  Appraiser Assessor of Taxes, County Tax Collector, County

14  Surveyor, and County Purchasing Agent, and County Supervisor

15  of Registration.

16         B.  The County Mayor Manager may delegate to suitable

17  persons the powers and functions of such officers, provided

18  however that until the term of office for which they were

19  elected shall terminate the County Assessor of Taxes, the

20  County Tax Collector, the County Supervisor of Registration,

21  and the County Purchasing Agent shall each if he so desires

22  remain in his position and receive the same salary as

23  presently provided for by statute.

24         C.  In the event that other elective officers are

25  abolished by the Board, the Board shall provide that any

26  person duly elected to such office shall if he so desires

27  remain in the same or similar position and receive the same

28  salary for the remainder of the term for which he was elected,

29  and shall provide for the continuation of all duties and

30  functions of these offices required under the Constitution and

31  general laws.

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1069

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  1         C. D.  On said date November 9, 1966, the Office of

  2  Director of Public Safety Sheriff is hereby abolished and the

  3  powers and functions of such office are hereby transferred to

  4  the County Mayor Manager, who shall provide for the

  5  continuation of all the duties and functions of this office

  6  required under the Constitution and general laws of this

  7  state. The County Mayor Manager may delegate to a suitable

  8  person or persons the powers and functions of such officer.

  9  Section 1.01A(19)(a) of this Charter is amended by deleting

10  the word "Sheriff" and subsections (b) and (c) are repealed.

11         D.  On said date, the Office of County Manager is

12  abolished and the powers and functions of such office are

13  hereby transferred to the County Mayor, except the duties and

14  functions of the Office of the County Comptroller listed under

15  Article 4.

16         E.  On said date, the Office of the County Supervisor

17  of Registration is abolished and the powers and functions of

18  such office are hereby transferred to the County Supervisor of

19  Elections who shall provide for the continuation of all the

20  duties and functions of such office required under the

21  Constitution and general laws of this state as provided in

22  Section 3.02.

23         SECTION 9.02 8.02.  RESERVED.

24         SECTION 9.03 8.03.  TORT LIABILITY.

25         The county shall be liable in actions of tort to the

26  same extent that municipalities in the State of Florida are

27  liable in actions in tort. However, No suit shall be

28  maintained against the county for damages to persons or

29  property or for wrongful death arising out of any tort unless

30  written notice of claim shall first have been given to the

31  county in the manner and within the time provided by

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                                                  Bill No. HB 1069

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  1  ordinance, except that the time fixed by ordinance for notice

  2  shall be not less than 30 days nor more than 120 days.

  3         Note: Waiver of County's tort immunity held

  4  unconstitutional in Kaulakisv. Boyd, Fla. 1962, 138 So.2d 505.

  5         SECTION 9.04 8.04.  SUPREMACY CLAUSE.

  6         A.  This Charter and the ordinances adopted hereunder

  7  shall in cases of conflict supersede all municipal charters

  8  and ordinances, except as herein provided, and where

  9  authorized by the Constitution, shall in cases of conflict

10  supersede all special and general laws of the state.

11         B.  All other special and general laws and county

12  ordinances and rules and regulations not inconsistent with

13  this Charter shall continue in effect until they are

14  superseded by ordinance adopted by the Board pursuant to this

15  Charter and the Constitution.

16         SECTION 9.05 8.05.  EXISTING FRANCHISES, CONTRACTS, AND

17  LICENSES.

18         All lawful franchises, contracts, and licenses in force

19  on the effective date of this Charter shall continue in effect

20  until terminated or modified in accordance with their terms or

21  in the manner provided by law or this Charter.

22         SECTION 9.06 8.06.  EFFECT OF THE CHARTER.

23         A.  This Charter shall be liberally construed in aid of

24  its declared purpose, which is to establish effective home

25  rule government in this county responsive to the people. If

26  any Article, Section, subsection, sentence, clause, or

27  provision of this Charter or the application thereof shall be

28  held invalid for any reason, the remainder of the Charter and

29  of any ordinances or regulations made thereunder shall remain

30  in full force and effect.

31         B.  Nothing in this Charter shall be construed to limit

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  1  or restrict the power and jurisdiction of the Florida Railroad

  2  and Public Utilities Commission.

  3         SECTION 9.07 8.07.  AMENDMENTS.

  4         A.  Amendments to this Charter may be proposed by a

  5  resolution adopted by the Board of County Commissioners or by

  6  petition of electors numbering not less than ten percent of

  7  the total number of electors registered in Dade County at the

  8  time the petition is submitted to the Board. Initiatory

  9  petitions shall be certified in the manner required for

10  initiatory petitions for an ordinance.

11         B.  Amendments to this Charter may be proposed by

12  initiatory petitions of electors biennially, only during even

13  numbered years in which state primary and general elections

14  are held. All elections on charter amendments proposed by

15  initiatory petitions shall be held in conjunction with state

16  primary or general elections, unless the Board of County

17  Commissioners shall determine to call a special election by

18  two-thirds vote of the entire membership.

19         C.  Amendments to this Charter may be proposed by the

20  Board of County Commissioners at any time. Elections on

21  charter amendments proposed by the Board shall be held not

22  less than 60 nor more than 120 days after the Board adopts a

23  resolution proposing any amendment.

24         D.  The result of all elections on charter amendments

25  shall be determined by a majority of the electors voting on

26  the proposed amendment.

27         SECTION 9.08 8.08.  REVISIONS.

28         At least once in every 5 year period the Board shall

29  review the Charter and determine whether or not there is a

30  need for revision. If the Board determines that a revision is

31  needed, it shall establish a procedure for the preparation of

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  1  a proposed revision of the Charter. The proposed revision

  2  shall then be presented to the Board for review, modification

  3  and approval. If the Board approves such proposed revision,

  4  either with or without modification, it shall present such

  5  proposed revision to the electorate in accordance with the

  6  provisions of Section 9.07 8.07 (C) and (D). Simultaneous

  7  elections may be held on a proposed revision and on individual

  8  amendments that are proposed.

  9         SECTION 9.09 8.09.  EFFECTIVE DATE.

10         This Charter shall become effective 60 days after it is

11  ratified by a majority of the qualified electors of the county

12  voting on the Charter.

13

14                          ARTICLE - 10 9

15

16                          NAME OF COUNTY

17         SECTION 10.01 9.01.  NAME OF COUNTY.

18         A.  The name of Dade County shall officially be changed

19  to Miami-Dade County and all references to Dade County in the

20  Florida Constitution, Florida Statutes, Code of Metropolitan

21  Dade County, federal law, case law and other legal documents,

22  shall be deemed to be references to Miami-Dade County.

23         B.  The Commission shall by ordinance provide a method

24  to implement the official name change.

25         Section 2.  Contingent upon approval of an amendment to

26  the State Constitution approved at the general election held

27  in November 2002 authorizing amendments or revisions to the

28  home rule charter of Miami-Dade County, this act shall be the

29  subject of a referendum submitted to the voters of Miami-Dade

30  County at the general election to be held in November 2003 and

31  shall take effect only upon approval by a majority of the

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  1  electors of Miami-Dade County voting in such referendum 2003;

  2  except that this section shall take effect upon becoming law.

  3

  4

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