Senate Bill sb0022Ee1

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    SB 22-E                                        First Engrossed



  1                      A bill to be entitled

  2         An act relating to the Miami-Dade County Home

  3         Rule Charter; amending the Miami-Dade County

  4         Home Rule Charter; providing additional powers

  5         of the Board of County Commissioners;

  6         specifying thirteen County Commission

  7         districts; requiring the Board to adopt certain

  8         reapportionment plan development procedures;

  9         providing for salaries of County Commissioners;

10         providing for an acting County Mayor under

11         certain circumstances; providing requirements;

12         specifying powers and duties of the County

13         Commission; creating the office of County

14         Mayor; providing for election of the County

15         Mayor; specifying powers and responsibilities

16         of the County Mayor; providing for Deputy

17         County Mayors; requiring the County Commission

18         to annually appropriate funds to the Executive

19         Office of the County Mayor for certain

20         purposes; revising provisions for election and

21         terms of County Commissioners; providing for

22         nonpartisan election of a County Supervisor of

23         Elections; providing for powers and duties of

24         the County Supervisor of Elections; providing

25         for disqualification of certain persons to vote

26         or hold office; specifying term limits for

27         County Mayor and County Commissioners;

28         providing for a County Comptroller; providing

29         for functions, qualifications, powers, and

30         duties of the County Comptroller; specifying

31         restrictions relating to the Office of the


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    SB 22-E                                        First Engrossed



  1         County Comptroller; revising the administrative

  2         organization and procedures of the county;

  3         specifying service offices associated with

  4         Deputy County Mayors; specifying departments

  5         within such service offices; providing for

  6         financial planning by the Executive Office of

  7         the County Mayor; providing requirements;

  8         providing for county civil service; providing

  9         for the Office of County Attorney; providing

10         for demographic, policy, and planning

11         functions; abolishing the office of County

12         Manager and transferring to the County Mayor

13         the powers, duties, functions, and

14         responsibilities of the County Manager;

15         revising certain other provisions to conform;

16         providing severability for charter provisions;

17         providing severability; providing for a

18         referendum to be called by the Board of County

19         Commissioners of Miami-Dade County; specifying

20         the form of the ballot question on the

21         referendum; providing for effect upon

22         referendum approval; providing an effective

23         date.

24

25  Be It Enacted by the Legislature of the State of Florida:

26

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

28  amended to read:

29

30             MIAMI-DADE DADE COUNTY HOME RULE CHARTER

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    SB 22-E                                        First Engrossed



  1                             PREAMBLE

  2

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

  4  ourselves the benefits and responsibilities of home rule, to

  5  create a metropolitan government to serve our present and

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

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

  8  adopt this home rule Charter.

  9

10                     CITIZENS' BILL OF RIGHTS

11

12         A.  This government has been created to protect the

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

14  with full and accurate information, to promote efficient

15  administrative management, to make government more

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

17  treatment, the following rights are guaranteed:

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

19  transact business with the County and the municipalities with

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

21  the County Manager and the Commission, the County Mayor, the

22  County Comptroller, and the Supervisor of Elections to

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

24  convenient times and places for registration and voting, for

25  required inspections, and for transacting business with the

26  County.

27         2.  Truth in Government.  No County or municipal

28  official or employee shall knowingly furnish false information

29  on any public matter, nor knowingly omit significant facts

30  when giving requested information to members of the public.

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    SB 22-E                                        First Engrossed



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

  2  documents and other public records of the County and the

  3  municipalities and their boards, agencies, departments and

  4  authorities shall be open for inspection at reasonable times

  5  and places convenient to the public.

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

  7  Commission and of each municipal council shall maintain and

  8  make available for public inspection an ordinance register

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

10  all ordinances and resolutions listed by descriptive title.

11  Written minutes of all meetings and the ordinance register

12  shall be available for public inspection not later than 30

13  days after the conclusion of the meeting.

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

15  of public business permits, any interested person has the

16  right to appear before the Commission or any municipal council

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

18  presentation, adjustment or determination of an issue, request

19  or controversy within the jurisdiction of the governmental

20  entity involved. Matters shall be scheduled for the

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

22  into approximate time periods so that the public may know

23  approximately when a matter will be heard. Nothing herein

24  shall prohibit any governmental entity or agency from imposing

25  reasonable time limits for the presentation of a matter.

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

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

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

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

30  individual to receive such notice shall not constitute

31  mandatory grounds for cancelling the hearing or rendering


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    SB 22-E                                        First Engrossed



  1  invalid any determination made at such hearing. Copies of

  2  proposed ordinances or resolutions shall be made available at

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

  4  involves an emergency ordinance or resolution.

  5         7.  No Unreasonable Postponements.  No matter once

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

  7  municipality shall be postponed to another day except for good

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

  9  municipal council or other governmental entity or agency

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

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

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

13  such notice shall not constitute mandatory grounds for

14  cancelling the hearing or rendering invalid any determination

15  made at such hearing.

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

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

18  County or municipal agency, board, department or authority

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

20  is not subject to subsequent administrative or legislative

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

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

23  body whose duties and responsibilities are solely advisory. At

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

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

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

27  to submit rebuttal evidence, and to conduct such

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

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

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

31  the record. Procedural rules establishing reasonable time and


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    SB 22-E                                        First Engrossed



  1  other limitations may be promulgated and amended from time to

  2  time.

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

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

  5  interested person made in connection with any County or

  6  municipal administrative decision or proceeding when the

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

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

  9  denial.

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

11  Reports.  The County Comptroller Manager and County Attorney

12  and each City Manager and City Attorney shall periodically

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

14  concluded within their respective jurisdictions.

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

16  state statute, The County Mayor Manager shall prepare and

17  present a legislative budget request to the Board of County

18  Commissioners. The Board of County Commissioners, with the

19  assistance of the Commission Budget Office, shall review and

20  prepare a revised budget showing the projected cost of each

21  program for each budget year taking into consideration the

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

23  Commission's first public hearing on the proposed budget

24  required by state law, the County Commission Manager shall

25  make public a budget summary setting forth the proposed cost

26  of each individual program and reflecting all major proposed

27  increases and decreases in funds and personnel for each

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

29  each program and the amount of any contingency and carryover

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

31  shall adopt a County budget.


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    SB 22-E                                        First Engrossed



  1         12.  Quarterly Budget Comparisons.  The Commission

  2  Budget Office County Manager shall make public a quarterly

  3  report showing the actual expenditures during the quarter just

  4  ended against one quarter of the proposed annual expenditures

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

  6  same cumulative information for whatever portion of the fiscal

  7  year that has elapsed.

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

  9  and each municipality shall be made by an independent

10  certified public accounting firm in accordance with generally

11  accepted auditing standards. A summary of the results,

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

13  making such audit, proprietary functions shall be audited

14  separately and adequate depreciation on proprietary facilities

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

16  direct or indirect subsidy.

17         14.  Regional Offices.  Regional offices of the

18  County's administrative services shall be maintained at

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

20         15.  Financial Disclosure.  The Commission shall by

21  ordinance make provision for the filing under oath or

22  affirmation by all County and municipal elective officials,

23  candidates for County and municipal elective offices, such

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

25  public officials, and outside consultants who receive funds

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

27  may legally be included, of personal financial statements,

28  copies of personal Federal income tax returns, or itemized

29  source of income statements. Provision shall be made for

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

31  and for public disclosure. The Commission shall also make


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    SB 22-E                                        First Engrossed



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

  2  full-time County and municipal employees of all outside

  3  employment and amounts received therefrom. The County Mayor

  4  Manager or any other municipal chief executive officer City

  5  Manager may require monthly reports from individual employees

  6  or groups of employees for good cause.

  7         16.  Representation of Public.  The Commission shall

  8  endeavor to provide representation at all proceedings

  9  significantly affecting the County and its residents before

10  State and Federal regulatory bodies.

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

12  shall, by ordinance, establish an independent Commission on

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

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

15  the authority to review, interpret, render advisory opinions

16  and enforce the county and municipal code of ethics

17  ordinances, conflict of interest ordinances, lobbyist

18  registration and reporting ordinances, ethical campaign

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

20  rights.

21         B.  The foregoing enumeration of citizens' rights vests

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

23  County. Such power necessarily carries with it responsibility

24  of equal magnitude for the successful operation of government

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

26  government requires the intelligent participation of

27  individual citizens exercising their rights with dignity and

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

29  of government because of the exercise of individual

30  prerogatives, and for individual citizens to grant respect for

31  the dignity of public office.


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    SB 22-E                                        First Engrossed



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

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

  3  Circuit Court pursuant to its general equity jurisdiction, the

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

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

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

  7  willfully violated this Article shall forthwith forfeit his

  8  office or employment.

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

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

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

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

13  the remaining provisions.

14

15                           ARTICLE - 1

16

17                  BOARD OF COUNTY COMMISSIONERS

18         SECTION 1.01.  POWERS.

19         A.  The Board of County Commissioners shall be the

20  legislative and the governing body of the county and shall

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

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

23  power to:

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

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

26  grade crossings; provide and regulate parking facilities; and

27  develop and enforce master plans for the control of traffic

28  and parking.

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

30  terminals, port facilities, and public transportation systems.

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    SB 22-E                                        First Engrossed



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

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

  3  operating in the county.

  4         4.  Provide central records, training, and

  5  communications for fire and police protection; provide traffic

  6  control and central crime investigation; provide fire

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

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

  9  protection.

10         5.  Prepare and enforce comprehensive plans for the

11  development of the county.

12         6.  Provide hospitals and uniform health and welfare

13  programs.

14         7.  Provide parks, preserves, playgrounds, recreation

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

16  facilities and programs.

17         8.  Establish and administer housing, slum clearance,

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

19  air pollution control, and drainage programs and cooperate

20  with governmental agencies and private enterprises in the

21  development and operation of these programs.

22         9.  Provide and regulate or permit municipalities to

23  provide and regulate waste and sewage collection and disposal

24  and water supply and conservation programs.

25         10.  Levy and collect taxes and special assessments,

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

27  and other obligations of indebtedness in such manner, and

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

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

30  special purpose districts within which may be provided police

31  and fire protection, beach erosion control, recreation


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    SB 22-E                                        First Engrossed



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

  2  and sewage collection and disposal, drainage, and other

  3  essential facilities and services. All county funds for such

  4  districts shall be provided by service charges, special

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

  6  The Board of County Commissioners shall be the governing body

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

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

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

10  Commissioners shall not be the governing body of the

11  Metro-Dade Fire and Rescue Service District established by

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

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

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

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

16  governing board of the juvenile welfare special district shall

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

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

19  the district administrator of the Department of Health and

20  Rehabilitative Services, a member of the Board of County

21  Commissioners and five members appointed by the Governor.

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

23  business regulations as are necessary for the protection of

24  the public.

25         13.  Adopt and enforce uniform building and related

26  technical codes and regulations for both the incorporated and

27  unincorporated areas of the county; provide for examinations

28  for contractors and all parties engaged in the building trades

29  and for the issuance of certificates of competency and their

30  revocation after hearing. Such certificates shall be

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


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    SB 22-E                                        First Engrossed



  1  municipalities in the county. No municipality shall be

  2  entitled to require examinations or any additional certificate

  3  of competency or impose any other conditions for the issuance

  4  of a municipal license except the payment of the customary

  5  fee. The municipality may issue building permits and conduct

  6  the necessary inspections in accordance with the uniform codes

  7  and charge fees therefor.

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

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

10  utilities, sanitary and sewage collection and disposal

11  systems, water supply, treatment, and service systems, and

12  public transportation systems, provided, however, that:

13         (a)  Franchises under this subsection may only be

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

15  present and approved by a majority vote of those qualified

16  electors voting at either a special or general election.

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

18  telephone utility to serve any territory in the county which

19  is being supplied with similar service except by a majority

20  vote of those qualified electors voting in an election held

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

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

23  of the Board present. Such ordinance shall contain information

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

25  to operate, location, and other information necessary to

26  inform the general public of the feasibility and

27  practicability of the proposed operation.

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

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

30  advantages.

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    SB 22-E                                        First Engrossed



  1         16.  Establish and enforce regulations for the sale of

  2  alcoholic beverages in the unincorporated areas and approve

  3  municipal regulations on hours of sale of alcoholic beverages.

  4         17.  Enter into contracts with other governmental units

  5  within or outside the boundaries of the county for joint

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

  7  of any authorized function.

  8         18.  Set reasonable minimum standards for all

  9  governmental units in the county for the performance of any

10  service or function. The standards shall not be discriminatory

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

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

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

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

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

16  grant franchises to operate any municipal service if:

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

18  Commissioners within the municipality a majority of those

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

20  county; or

21         (b)  The governing body of the municipality requests

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

23  its members, or by referendum.

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

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

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

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

28  shall be no power to abolish the Superintendent of Public

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

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

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    SB 22-E                                        First Engrossed



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

  2  thereof.

  3         20.  Make investigations of county affairs, inquire

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

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

  6  require reports from all county officers and employees,

  7  subpoena witnesses, administer oaths, and require the

  8  production of records.

  9         21.  Exercise all powers and privileges granted to

10  municipalities, counties, and county officers by the

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

12  prohibited by the Constitution or by this Charter.

13         22.  Adopt such ordinances and resolutions as may be

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

15  and penalties for the violation of ordinances.

16         23.  Perform any other acts consistent with law which

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

18  interest of the people of the county.

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

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

21  this county, or any general law where specifically authorized

22  by the Constitution.

23         25.  By ordinance, establish a Commission Budget Office

24  with professional staff to assist the board with budgetary

25  planning and oversight authority.

26         26.  Consider and approve by majority vote persons

27  nominated by the County Mayor for the positions of Deputy

28  County Mayor and Chief of Police.

29         27.  Remove the County Comptroller for cause subject to

30  the County Commission's conducting a public hearing on the

31  matter.  An affirmative vote of not less than two-thirds of


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    SB 22-E                                        First Engrossed



  1  those County Commissioners then in office shall be required to

  2  remove the County Comptroller.

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

  4  deemed exclusive or restrictive and the foregoing powers shall

  5  be deemed to include all implied powers necessary and proper

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

  7  exercised in the incorporated and unincorporated areas,

  8  subject to the procedures herein provided in certain cases

  9  relating to municipalities.

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

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

12  Board shall make fair and just compensation for any properties

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

14  The Board shall also provide for the acquisition or transfer

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

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

17  employees of any governmental unit which is merged,

18  consolidated, or abolished or whose boundaries are changed or

19  functions or powers transferred.

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

21  unincorporated areas all taxes authorized to be levied by

22  municipalities and to receive from the state any revenues

23  collected in the unincorporated areas on the same basis as

24  municipalities.

25         SECTION 1.02.  RESOLUTIONS AND ORDINANCES.

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

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

28  ordinance or resolution, except as otherwise provided in this

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

30  for raising revenue, appropriating funds, or incurring

31  indebtedness (other than refunding indebtedness), or which


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

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

  3         B.  Every ordinance shall be introduced in writing and

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

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

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

  7  newspaper of general circulation at least once together with a

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

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

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

11  advertised for hearing. No ordinance shall be declared invalid

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

13  published summary gives reasonable notice of its intent.

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

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

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

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

18  pass the ordinance with or without amendment.

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

20  published code by reference as an ordinance in the manner

21  provided by law.

22         E.  The effective date of any ordinance shall be

23  prescribed therein, but the effective date shall not be

24  earlier than ten days after its enactment.

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

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

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

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

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

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

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


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    SB 22-E                                        First Engrossed



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

  2  daily newspaper of general circulation.

  3         G.  Each ordinance and resolution after adoption shall

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

  5  a properly indexed record kept for that purpose.

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

  7  Board shall maintain have prepared a general codification of

  8  all county ordinances and resolutions having the effect of

  9  law.  The general codification thus prepared shall be adopted

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

11  shall have the codification printed immediately in an

12  appropriate manner together with the Charter and such rules

13  and regulations as the Board may direct.  Additions or

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

15  at least every two years.

16         SECTION 1.03. DISTRICTS.

17         A.  There shall be thirteen eight County Commission

18  districts. The initial boundaries of these districts shall be

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

20  thereof.

21         Note: There are thirteen County Commission districts.

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

23  1990), opinion after remand, 985 F.2d 1471 (11th Cir.1993).

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

25  vote of the members of the Board change the boundaries of the

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

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

28  districts.

29         C.  The Board of County Commissioners shall adopt

30  procedures for the development of reapportionment plans

31  similar to the standards used by the Florida Legislature.


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    SB 22-E                                        First Engrossed



  1         SECTION 1.04.  COMPOSITION OF THE COMMISSION.

  2         The Commission shall consist of thirteen nine members

  3  elected as follows:

  4         The qualified electors residing within each of the 13

  5  districts shall elect From each of the eight districts there

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

  7  large a County Commissioner who shall be a qualified elector

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

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

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

11  shall consist of eight members. Beginning with the state

12  primary elections in 1968, the Mayor and each Commissioner

13  shall be elected for a term of four years.

14         Note: The Commission consists of thirteen members

15  elected from districts. Meek v.

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

17  1990), opinion after remand,985 F.2d 1471 (11th Cir. 1993).

18         SECTION 1.05.  FORFEITURE OF OFFICE.

19         C.  Any appointed official or employee of Dade County

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

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

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

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

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

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

26  her former position.

27         SECTION 1.06.  SALARY.

28         Each member of the Board of County Commissioners

29  Commissioner shall be paid receive a salary the amount of

30  which shall be determined and established in accordance with

31  compensation prescribed for legislators of this state. Each


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    SB 22-E                                        First Engrossed



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

  2  shall be entitled to be reimbursed for such reasonable and

  3  necessary expenses as may be approved by the Board.

  4         SECTION 1.07.  VACANCIES.

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

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

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

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

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

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

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

12  appointment meet the residence requirements for the office to

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

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

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

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

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

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

19  to permit the registered electors to elect commissioners to

20  succeed the appointed commissioners; appointed commissioners

21  may succeed themselves unless otherwise prohibited by the

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

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

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

25  defer the required election until the scheduled county-wide

26  election.

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

28  County Mayor, the Chairperson of the County Commission shall

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

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

31  Vice-Chairperson of the County Commission shall assume the


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    SB 22-E                                        First Engrossed



  1  Chairmanship on the Board as the interim Chairperson.  A

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

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

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

  5  Chairperson of the County Commission and a special election

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

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

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

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

10  elected.

11         SECTION 1.08.  ORGANIZATION OF THE COMMISSION.

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

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

14  County Commission shall elect a Chairperson and a

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

16  Chairperson of the Commission shall serve as the presiding

17  officer of the legislative branch of county government for a

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

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

20  specific powers and duties to:

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

22         (2)  Sign ordinances, resolutions, and other

23  legislative documents for the Commission.

24         (3)  Schedule Commission meetings.

25         (4)  Preside over the committee charged with reviewing

26  nominations submitted by the County Mayor for the positions of

27  Deputy County Mayor and Chief of Police.

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

29  standing committees and rules of procedure to govern Board

30  meetings.

31


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    SB 22-E                                        First Engrossed



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

  2  the chairperson of each standing committee.

  3

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

  5  Mayor shall be the presiding officer of the Commission with

  6  the authority to designate another member of the Commission to

  7  serve as presiding officer.

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

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

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

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

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

13  public. The County Commission shall organize its own structure

14  and rules of procedure.

15

16                           ARTICLE - 2

17

18                           COUNTY MAYOR

19         SECTION 2.01 1.09.  ELECTION OF COUNTY MAYOR.

20         There shall be elected by the qualified electors of the

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

22  elector residing within the county at least three years before

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

24  the Commission.

25         SECTION 2.02 1.10.  RESPONSIBILITIES OF THE COUNTY

26  MAYOR.

27         Commencing with the election of Mayor in 1996, The

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

29  the following specific responsibilities:

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

31  final adoption by the County Commission, have veto authority


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    SB 22-E                                        First Engrossed



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

  2  land use decision of the County Commission, including the

  3  budget or any particular component contained therein which was

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

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

  6  greater dollar amount must also be vetoed. The County

  7  Commission may at its next regularly scheduled meeting after

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

  9  the Commissioners present.

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

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

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

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

14  Public Safety, the Deputy County Mayor of Planning and

15  Infrastructure, the Deputy County Mayor of Transportation and

16  Economic Development, the Deputy County Mayor of Human

17  Services, and the Deputy County Mayor of Governmental

18  Operations.  The five Deputy County Mayor nominees shall be

19  approved by a majority vote of the County Commission appoint

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

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

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

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

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

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

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

27  Commissioners then in office. Additionally, the Commission by

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

29  be able to remove the Manager.

30         C.  All Deputy County Mayors shall serve at the

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


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    SB 22-E                                        First Engrossed



  1  members of all standing committees and the chairperson and

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

  3  standing and special committees as deemed necessary by the

  4  Mayor.

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

  6  legislative budget request to the County Commission deliver a

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

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

  9  be prepared after consultation with the Commissioners and the

10  Manager.

11         E.  The County Mayor shall prepare and deliver a

12  budgetary address annually to the people of the county between

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

14  consultation with the Manager and budget director.

15         F.  Unless otherwise provided for by civil service

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

17  to appoint and suspend, remove, or discharge all

18  administrative department heads of the major departments

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

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

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

22  Mayor.

23         G.  The County Commission shall appropriate each fiscal

24  year to the Executive Office of the County Mayor sufficient

25  funds to support the following functions and operations:

26         (1)  Chief Administrative Officer.

27         (2)  Budget Director.

28         (3)  Chief Information Officer.

29         (4)  Press Secretary.

30         (5)  Intergovernmental Affairs Director.

31         (6)  Incorporation/Annexation Advisor.


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    SB 22-E                                        First Engrossed



  1         (7)  General Counsel.

  2

  3                          ARTICLE - 3 2

  4

  5                            ELECTIONS

  6         SECTION 3.01 2.01.  ELECTION AND COMMENCEMENT OF TERMS

  7  OF COUNTY COMMISSIONERS.

  8         A.  Unless otherwise provided in the Charter, beginning

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

10  Commissioners from four County Commission districts to be

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

12  1976 shall be held at the time of the state primary elections

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

14  County Commissioners from the other four County Commission

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

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

17  Commissioners from these four County Commission districts will

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

19  time of the state primary elections.

20         Note: The election of the County Commissioners from

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

22  four years thereafter and the election of County Commissioners

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

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

25  908 F.2d 1540 (11th Cir. 1990), opinion after remand, 985 F.2d

26  1471 (11th Cir. 1993).

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

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

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

30  state second primary election between the two candidates

31


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    SB 22-E                                        First Engrossed



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

  2  the outcome shall be determined by lot.

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

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

  5  Commissioners shall commence on the second Tuesday next

  6  succeeding the date provided for the state second primary

  7  elections.

  8         D.  Notwithstanding any other provision of this

  9  Charter, effective with the term of Mayor scheduled to

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

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

12  as Mayor or County Commissioner prior to the terms scheduled

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

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

15  the term limitation provisions of this section.

16         SECTION 3.02 2.02.  SUPERVISOR OF ELECTIONS. RESERVED

17         There shall be a County Supervisor of Elections who

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

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

20  responsibilities of the County Supervisor of Elections shall

21  be as provided by general law.

22         SECTION 3.03 2.03.  NONPARTISAN ELECTIONS.

23         All elections for County Mayor and the other members of

24  the Board of County Commissioners shall be nonpartisan and no

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

26  candidate shall be required to pay any party assessment or

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

28  he voted or will vote in any election.

29         SECTION 3.04 2.04.  QUALIFICATIONS AND FILING FEE.

30         All candidates for the office of County Mayor or County

31  Commissioner shall qualify with the Clerk of the Circuit Court


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    SB 22-E                                        First Engrossed



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

  2  49th day prior to the date of the election at which he is a

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

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

  5  into the general funds of the county.

  6         SECTION 3.05 2.05.  DISQUALIFICATIONS RESERVED.

  7         A.  No person convicted of a felony or those mentally

  8  incompetent shall be qualified to vote or hold office until

  9  restoration of civil rights or removal of disability.

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

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

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

13  resignation would have served, in that office for 8

14  consecutive years.

15         SECTION 3.06 2.06.  ADDITIONAL REGULATIONS AND STATE

16  LAWS.

17         A.  The Board may adopt by ordinance any additional

18  regulations governing elections not inconsistent with this

19  Charter.

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

21  ordinance adopted hereunder the provisions of the election

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

23  Charter.

24         SECTION 3.07 2.07.  CANVASSING ELECTIONS.

25         All elections under this Charter shall be canvassed by

26  the County Canvassing Board as provided under the election

27  laws of this state.

28

29                          ARTICLE - 4 3

30

31                  THE COUNTY COMPTROLLER MANAGER


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    SB 22-E                                        First Engrossed



  1         SECTION 4.01 3.01.  FUNCTIONS.

  2         The Office of County Comptroller shall provide

  3  independent oversight of all contracts, bonding, and other

  4  forms of financial obligations undertaken by the County.

  5  Functions presently in the office of the Inspector General and

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

  7  shall provide for independent oversight of contract

  8  compliance. Such oversight shall provide a check on the

  9  effectiveness of the policy imperatives and administrative

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

11  County Commission shall fix the County Comptroller's

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

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

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

15  compensation, and the Manager shall serve as provided in

16  Section 1.10.

17         SECTION 4.02 3.02.  QUALIFICATIONS.

18         A.  The candidate for the position of County

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

20  academic and administrative qualifications.  At the time of

21  the County Comptroller's appointment, the County Comptroller

22  need not be a resident of this state. Neither the County Mayor

23  nor any County Commissioner shall be eligible for the position

24  of County Comptroller during or within 2 years after the

25  expiration of their respective terms.

26         B.  The County Commission shall create a County

27  Comptroller Nominating Committee to interview candidates for

28  the position of County Comptroller and to make nominations for

29  County Comptroller to the full County Commission.  Each member

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

31  county resident to serve on the committee.  Elected county


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    SB 22-E                                        First Engrossed



  1  officials, employees of the county, and registered lobbyists

  2  are disqualified for appointment to the County Comptroller

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

  4  the full County Commission shall be required to appoint the

  5  County Comptroller.

  6         Commencing with the election of  Mayor in 1996, the

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

  8  executive and administrative qualifications. At the time of

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

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

11  eligible for the position of Manager during or within two

12  years after the expiration of their respective terms.

13         SECTION 3.03.  ABSENCE OF MANAGER.

14         Commencing with the election of Mayor in 1996, the

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

16  designate a qualified administrative officer of the county to

17  assume the duties and authority of the Manager during periods

18  of temporary absence or disability of the Manager.

19         SECTION 4.03 3.04.  POWERS AND DUTIES.

20         A.  The County Comptroller shall establish the Office

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

22  ensure contract and financial compliance with procurement

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

24  the County.  The County Comptroller shall have staff and

25  offices necessary for the execution of these responsibilities.

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

27  shall be responsible for the administration of all units of

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

29  for carrying out policies adopted by the Commission. The

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

31  resolution of the Commission, shall execute contracts and


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    SB 22-E                                        First Engrossed



  1  other instruments, sign bonds and other evidences of

  2  indebtedness, and accept process.

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

  4  principal investigative arm within the Comptroller's Office.

  5  The Office of Inspector General shall investigate alleged

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

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

  8  otherwise provided for by civil service rules and regulations,

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

10  administrative department heads of the major departments of

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

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

13  Department, Planning Department, Finance Department, Park and

14  Recreation Department and Internal Auditing Department, except

15  that before any appointment shall become effective, the said

16  appointment must be approved by the County Commission and if

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

18  the event such appointment shall be disapproved by the County

19  Commission the appointment shall forthwith become null and

20  void and thereupon the County Manager shall make a new

21  appointment or appointments, each of which shall likewise be

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

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

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

25  Manager.

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

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

28  be responsible for funding the operations and administration

29  of the Commission on Ethics and Public Trust.

30

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    SB 22-E                                        First Engrossed



  1         D.  The County Comptroller shall submit a legislative

  2  budget request delineating the resources needed to carry out

  3  the functions mandated by the Charter.

  4         SECTION 4.04 3.05.  RESTRICTION ON OFFICE OF

  5  COMPTROLLER COMMISSION MEMBERS.

  6         Neither the County Mayor nor any County Commissioner

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

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

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

10  violation of the provisions of this Section by the County

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

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

13  Court by the State Attorney of this County. Neither the Mayor

14  nor any Commissioner shall direct or request the appointment

15  of any person to, or his or her removal from, office by the

16  Manager or any of the Manager's subordinates, or take part in

17  the appointment or removal of officers and employees in the

18  administrative services of the county. Except for the purpose

19  of inquiry, as provided in Section 1.01A(20), the Mayor and

20  Commissioners shall deal with the administrative service

21  solely through the Manager and neither the Mayor nor any

22  Commissioner shall give orders to any subordinates of the

23  Manager, either publicly or privately. Any willful violation

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

25  Commissioner shall be grounds for his or her removal from

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

27  Attorney of this county.

28

29                          ARTICLE - 5 4

30

31            ADMINISTRATIVE ORGANIZATION AND PROCEDURE


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    SB 22-E                                        First Engrossed



  1         SECTION 5.01 4.01.  OFFICES OF THE DEPUTY COUNTY MAYORS

  2  DEPARTMENTS. The County Administration shall be organized into

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

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

  5  of the service offices of Public Safety, Planning and

  6  Infrastructure, Transportation and Economic Development, Human

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

  8  County Commission shall be required for confirmation of any

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

10  shall have responsibility for a cluster of related

11  departments. Initially, the departments within the five

12  service offices shall be delineated as follows:

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

14  Public Safety, the departments of:

15         (1)  Corrections and Rehabilitation.

16         (2)  Emergency Management.

17         (3)  Miami-Dade Fire Rescue.

18         (4)  Medical Examiner.

19         (5)  Miami-Dade Police.

20         (6)  Youth Crime Task Force.

21         (7)  Animal Control.

22         B.  Within the Office of Deputy County Mayor for

23  Planning and Infrastructure:

24         (1)  Department of Environmental Resources Management.

25         (2)  Office of Water Management.

26         (3)  Planning and Zoning.

27         (4)  Public Works.

28         (5)  Solid Waste.

29         (6)  Water and Sewer.

30         (7)  Building.

31         (8)  Capital Improvement Coordination.


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    SB 22-E                                        First Engrossed



  1         (9)  Code Compliance.

  2         (10)  Parks & Recreation.

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

  4  Transportation and Economic Development:

  5         (1)  Beacon Council.

  6         (2)  Chambers of Commerce.

  7         (3)  Community & Economic Development.

  8         (4)  Consumer Services.

  9         (5)  Empowerment Zone.

10         (6)  Greater Miami Convention & Visitors Bureau.

11         (7)  Metro-Miami Action Plan.

12         (8)  Urban Revitalization Task Force.

13         (9)  Aviation.

14         (10)  Seaport.

15         (11)  Transit.

16         (12)  Miami-Dade Expressway Authority.

17         (13)  Metropolitan Planning Organization.

18         (14)  Business Development.

19         (15)  Tourist Development Council.

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

21  Human Services:

22         (1)  Community Action Agencies.

23         (2)  Housing.

24         (3)  Community Relations Bureau.

25         (4)  Homeless Trust.

26         (5)  Housing Finance Authority.

27         (6)  Human Services.

28         (7)  Public Health Trust.

29         (8)  Training and Education.

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

31  Governmental Operations:


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    SB 22-E                                        First Engrossed



  1         (1)  Tax Collector.

  2         (2)  Property Appraiser.

  3         (3)  Team Metro.

  4         (4)  Art in Public Places.

  5         (5)  Cultural Affairs.

  6         (6)  Libraries.

  7         (7)  Museums.

  8         (8)  Performing Arts.

  9         There shall be departments of finance, personnel,

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

11  established by administrative order of the Manager. All

12  functions not otherwise specifically assigned to others by

13  this Charter shall be performed under the supervision of the

14  Manager.

15         SECTION 5.02 4.02.  ADMINISTRATIVE PROCEDURE.

16         The County Mayor Manager shall have the power to issue

17  and place into effect administrative orders, rules, and

18  regulations. The organization and operating procedure of

19  departments shall be set forth in administrative regulations

20  which the County Mayor Manager shall develop, place into

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

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

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

24  regulations creating, merging, or combining departments, shall

25  become effective until approved by resolution of the Board.

26         SECTION 5.03 4.03.  FINANCIAL PLANNING ADMINISTRATION.

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

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

29  finance director appointed by the Manager. The finance

30  director shall have charge of the financial administration

31  affairs of the county.


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    SB 22-E                                        First Engrossed



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

  2  Manager shall recommend to the Board a proposed budget

  3  presenting a complete financial plan, including capital and

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

  5  the budget shall be published and the Board shall hold

  6  hearings on and adopt a budget.

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

  8  nor shall any obligation for the expenditure of money be

  9  incurred except pursuant to appropriation and except that the

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

11  trust funds and may provide that expenditures from such funds

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

13  ordinance, may transfer any unencumbered appropriation

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

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

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

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

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

19         C. D.  Contracts for public improvements and purchases

20  of supplies, materials, and services other than professional

21  shall be made whenever practicable on the basis of

22  specifications and competitive bids. Formal sealed bids shall

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

24  contracts and purchases when the transaction involves more

25  than the minimum amount established by the Board of County

26  Commissioners by ordinance. The transaction shall be evidenced

27  by written contract submitted and approved by the procuring

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

29  recommendation of the County Comptroller Manager, may by

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

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


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    SB 22-E                                        First Engrossed



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

  2  must be open for formal competitive bidding within 6 months

  3  after the date of the award.

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

  5  who has a personal special financial interest, direct or

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

  7  interest and shall refrain from voting upon or otherwise

  8  participating in such transaction. Willful violation of this

  9  Section shall constitute malfeasance in office, shall effect

10  forfeiture of office or position, and render the transaction

11  voidable by the Board.

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

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

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

15  paid by the county.

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

17  Comptroller Board shall provide for an audit by an independent

18  certified public accountant designated by the County

19  Comptroller Board of the accounts and finances of the county

20  for the fiscal year just completed.

21         H.  The Budget Commission created by Chapter 21874,

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

23  shall no longer be of any effect.

24         SECTION 5.04 4.04.  ASSESSMENT AND COLLECTION OF TAXES.

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

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

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

28  municipal taxes. Thereafter no municipality shall have an

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

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

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


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    SB 22-E                                        First Engrossed



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

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

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

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

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

  6  public inspection at reasonable times. Maps showing the

  7  assessed valuation of each parcel of property may be prepared

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

  9  price.

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

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

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

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

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

15         C.  Delinquent municipal taxes shall be collected in

16  the same manner as delinquent county taxes.

17         D.  All the tax revenues collected for any municipality

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

19         SECTION 5.05 4.05.  CIVIL SERVICE DEPARTMENT OF

20  PERSONNEL.

21         A.  The Board of County Commissioners shall establish

22  and maintain personnel and civil service, retirement, and

23  group insurance programs. The personnel system of the county

24  shall be based on merit principles in order to foster

25  effective career service in county employment and to employ

26  those persons best qualified for county services which they

27  are to perform.

28         B.  The County Manager shall appoint a personnel

29  director who shall head the department of personnel and whose

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

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


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    SB 22-E                                        First Engrossed



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

  2  of the effective date of this Charter.

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

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

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

  6  ordinance of the Board of County Commissioners adopted by

  7  two-thirds vote of the members present after recommendation

  8  from either the Personnel Advisory Board or the County Mayor

  9  Manager.

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

11  transfer, or assignment of governmental units or functions

12  become county employees, shall not lose the civil service

13  rights or privileges which have accrued to them during their

14  period of employment with such municipality, and the county

15  shall use its best efforts to employ these employees within

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

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

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

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

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

21  amount of service shall be retained in accordance with civil

22  service rules and regulations. Those employees who are not

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

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

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

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

27  service required, to either accept such employment or remain

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

29  available for him in his own or similar classification.

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

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


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    SB 22-E                                        First Engrossed



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

  2  assignment of governmental units or functions become county

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

  4  accrued to their benefit during their period of employment

  5  with such municipality. The Board of County Commissioners

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

  7  reserves shall be protected, and these employees shall

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

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

10  time of merger or assignment.

11         E F.  The Board of County Commissioners shall provide

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

13  county employees.

14         SECTION 5.06 4.06.  OFFICE OF COUNTY ATTORNEY

15  DEPARTMENT OF LAW.

16         There shall be a county attorney appointed by the Board

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

18  Board and who shall head the Office of County Attorney

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

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

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

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

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

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

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

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

27  The Board may employ special counsel for specific needs.

28         SECTION 5.07 4.07.  DEMOGRAPHIC, POLICY, AND DEPARTMENT

29  OF PLANNING.

30         The department of planning shall be headed by a

31  planning director appointed by the County Manager. The


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    SB 22-E                                        First Engrossed



  1  planning director shall be qualified in the field of planning

  2  by special training and experience. Under the supervision of

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

  4  Advisory Board elsewhere provided for in this Charter, the

  5  Office of Deputy County Mayor of Planning and Infrastructure

  6  director shall among other things:

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

  8  facilities, resources, and needs and other factors which

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

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

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

12  recreational, economic, and physical development of the

13  county.

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

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

16  subdivision and related regulations for the unincorporated

17  areas of the county and minimum standards governing zoning,

18  subdivision, and related regulations for the municipalities;

19  and prepare recommendations to effectuate the master plan and

20  to coordinate the county's proposed capital improvements with

21  the master plan.

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

23  subdivision, and related regulations and make recommendations

24  thereon with a view of coordinating such municipal systems

25  with one another and with those of the county.

26         SECTION 5.08 4.08.  BOARDS.

27         A.  The Board of County Commissioners shall by

28  ordinance create a Planning Advisory Board, a Zoning Appeals

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

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

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


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    SB 22-E                                        First Engrossed



  1  members of such boards, who shall serve without compensation

  2  but who may be reimbursed for necessary expenses incurred in

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

  4  Board of County Commissioners.

  5         B.  The Board of County Commissioners may by ordinance

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

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

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

  9  sewer systems within the incorporated and the unincorporated

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

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

12  Sewer Authority shall have the responsibility to develop and

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

14  of providing potable water, sewage collection and disposal and

15  water pollution abatement to the citizens of Dade County.

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

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

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

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

20  Water and Sewer Authority.

21

22                          ARTICLE - 6 5

23

24                          MUNICIPALITIES

25         SECTION 6.01 5.01.  CONTINUANCE OF MUNICIPALITIES.

26         The municipalities in the county shall remain in

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

28  the county shall be abolished without approval of a majority

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

30  The right of self determination in local affairs is reserved

31


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    SB 22-E                                        First Engrossed



  1  and preserved to the municipalities except as otherwise

  2  provided in this Charter.

  3         SECTION 6.02 5.02.  MUNICIPAL POWERS.

  4         Each municipality shall have the authority to exercise

  5  all powers relating to its local affairs not inconsistent with

  6  this Charter. Each municipality may provide for higher

  7  standards of zoning, service, and regulation than those

  8  provided by the Board of County Commissioners in order that

  9  its individual character and standards may be preserved for

10  its citizens.

11         SECTION 6.03 5.03.  MUNICIPAL CHARTERS.

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

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

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

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

16  after adopting a resolution or after the certification of a

17  petition of ten percent of the qualified electors of the

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

19  municipal ordinance a proposed charter amendment, revocation,

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

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

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

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

24  governing body shall make copies of the proposal available to

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

26  Alternative proposals may be submitted. Each proposal approved

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

28  become effective at the time fixed in the proposal.

29         B.  All municipal charters, amendments thereto, and

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

31  Court.


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    SB 22-E                                        First Engrossed



  1         SECTION 6.04 5.04. CHANGES IN MUNICIPAL BOUNDARIES.

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

  3  Infrastructure director shall study municipal boundaries with

  4  a view to recommending their orderly adjustment, improvement,

  5  and establishment. Proposed boundary changes may be initiated

  6  by the Planning Advisory Board, the Board of County

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

  8  petition of any person or group concerned.

  9         B.  The Board of County Commissioners, after obtaining

10  the approval of the municipal governing bodies concerned,

11  after hearing the recommendations of the Planning Advisory

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

13  boundary changes, unless the change involves the annexation or

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

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

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

17  boundary change any conflicting boundaries set forth in the

18  charter of such municipality shall be considered amended.

19         C.  No municipal boundary shall be altered except as

20  provided by this Section.

21         SECTION 6.05 5.05.  CREATION OF NEW MUNICIPALITIES.

22         The Board of County Commissioners and only the Board

23  may authorize the creation of new municipalities in the

24  unincorporated areas of the county after hearing the

25  recommendations of the Planning Advisory Board, after a public

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

27  electors voting and residing within the proposed boundaries.

28  The Board of County Commissioners shall appoint a charter

29  commission, consisting of five electors residing within the

30  proposed boundaries, who shall propose a charter to be

31  submitted to the electors in the manner provided in Section


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    SB 22-E                                        First Engrossed



  1  6.03 5.03. The new municipality shall have all the powers and

  2  rights granted to or not withheld from municipalities by this

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

  4  Florida. Notwithstanding any provision of this Charter to the

  5  contrary, with regard to any municipality created after

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

  7  County and the prospective municipality which are included in

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

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

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

11  qualified municipal electors.

12         SECTION 6.06 5.06.  CONTRACTS WITH OTHER UNITS OF

13  GOVERNMENT.

14         Every municipality in this county shall have the power

15  to enter into contracts with other governmental units within

16  or outside the boundaries of the municipality or the county

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

18  of the other of any municipal function.

19         SECTION 6.07 5.07.  FRANCHISE AND UTILITY TAXES.

20         Revenues realized from franchise and utility taxes

21  imposed by municipalities shall belong to municipalities.

22

23                          ARTICLE - 7 6

24

25         PARKS, AQUATIC PRESERVES, AND PRESERVATION LANDS

26         Note: This Article does not apply to municipal property

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

28  and West Miami. See Section 6.04.

29         SECTION 7.01 6.01.  POLICY.

30         Parks, aquatic preserves, and lands acquired by the

31  County for preservation shall be held in trust for the


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    SB 22-E                                        First Engrossed



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

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

  3  unimpaired for the enjoyment of future generations as a part

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

  5  protected from commercial development and exploitation and

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

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

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

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

10  obstructed or impaired by buildings or other structures or

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

12  Adequate maintenance shall be provided.

13         SECTION 7.02 6.02.  RESTRICTIONS AND EXCEPTIONS.

14         In furtherance of this policy parks shall be used for

15  public park purposes only, and subject to the limited

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

17  permanent structures or private commercial advertising erected

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

19  renewals, expansions, or extensions of existing leases,

20  licenses, or concessions to private parties of public park

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

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

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

24  Nothing in this Article shall prevent any contract with

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

26  cultural, conservation and parks and recreation program

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

28  County for preservation, and public parks or parts thereof

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

30  historic or archeological areas, or otherwise possess unique

31  natural values in their present state, such as Matheson


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    SB 22-E                                        First Engrossed



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

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

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

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

  5  Thompson Park, Whispering Pines Hammock, Mangrove Preserve,

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

  7  Park, Sewell Park, Barnes Park, Virginia Key, mangrove

  8  preserves, and all other natural or historical resource based

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

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

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

12  preserves and preservation lands must be approved by an

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

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

15  appropriate carrying capacity and to the extent required by

16  law all parks and facilities and permitted special events and

17  concessions operating in the parks shall be fully accessible

18  to persons with disabilities. Nothing in this Article shall

19  prevent the maintenance of existing facilities, the

20  maintenance, operation, and renovation of existing golf course

21  and marina restaurants at their existing square footage by

22  government agencies or private operators, provided such

23  private operators are chosen as a result of competitive

24  selection and their initial contract terms are limited to no

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

26  maintenance, and repair by government agencies or private

27  operators of or issuance of temporary permits for:

28         A.  Appropriate access roads, bridges, fences,

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

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

31  control devices, utilities, trash removal, parking and


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    SB 22-E                                        First Engrossed



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

  2  system;

  3         B.  Food and concession facilities each not in excess

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

  5  outdoor or covered areas needed to service park patrons;

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

  7  playground facilities, golf courses and golf-course related

  8  facilities, and bandstands and bandshells containing less than

  9  1,000 spectator seats and athletic facilities, sports fields

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

11         D.  Facilities for marinas, sightseeing and fishing

12  boats, visiting military vessels, and fishing;

13         E.  Park signage and appropriate plaques and monuments;

14         F.  Rest rooms;

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

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

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

18  one classroom;

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

20  performing arts, concerts, cultural and historic exhibitions,

21  regattas, athletic contests and tournaments, none of which

22  require the erection of permanent structures;

23         J.  Advertising in connection with sponsorship of

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

25  facilities and uses are compatible with the particular park

26  and are scheduled so that such events do not unreasonably

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

28         K.  Programming partnerships with qualified federally

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

30  conservation, and parks and recreation program providers;

31


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    SB 22-E                                        First Engrossed



  1         L.  Agreements with cable, internet, telephone,

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

  3  any installations are underground or do not adversely impact

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

  5  facilities, golf courses, or County lands acquired for

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

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

  8  and agencies or groups receiving any public funding shall not

  9  expend any public money or provide any publicly funded

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

11  this Article. No building permit or certificate of occupancy

12  shall be issued for any structure in violation of this

13  Article. The restrictions applying to parks in this Article

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

15  Tamiami Stadium, Haulover Fishing Pier, the Dade County

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

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

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

19  Seaquarium, Curtis Park track and stadium, Fairchild Tropical

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

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

22  majority of the residents residing in voting precincts any

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

24  or lease by majority vote in an election.

25         SECTION 7.03 6.03. ENFORCEMENT AND CONSTRUCTION.

26         All elections required by this Article shall be held

27  either in conjunction with state primary or general elections

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

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

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

31  The provisions of this Article shall be liberally construed in


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    SB 22-E                                        First Engrossed



  1  favor of the preservation of all park lands, aquatic

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

  3  Article shall be declared invalid it shall not affect the

  4  validity of the remaining provisions of this Article. This

  5  Article shall not be construed to illegally impair any

  6  previously existing valid written contractual commitments or

  7  bids or bonded indebtedness.

  8         SECTION 7.04 6.04.  JURISDICTION.

  9         Except as otherwise provided herein the provisions of

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

11  aquatic preserves, and lands acquired by the County for

12  preservation now in existence or hereafter acquired, provided

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

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

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

16  municipality shall be excluded from the provisions of this

17  Article.

18

19                          ARTICLE - 8 7

20

21                INITIATIVE, REFERENDUM, AND RECALL

22         SECTION 8.01 7.01.  INITIATIVE AND REFERENDUM.

23         The electors of the county shall have the power to

24  propose to the Board of County Commissioners passage or repeal

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

26  action, according to the following procedure:

27         1.  The person proposing the exercise of this power

28  shall submit the proposal to the Board which shall without

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

30  several copies as the proposer may desire.

31


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    SB 22-E                                        First Engrossed



  1         2.  The person or persons circulating the petition

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

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

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

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

  6  approved, according to the official records of the County

  7  Supervisor of Elections. In determining the sufficiency of the

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

  9  required shall come from voters registered in any single

10  county commission district. Each signer of a petition shall

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

12  residence or precinct number. Each person circulating a copy

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

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

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

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

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

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

19  number of signatures is insufficient or the petition is

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

21  Board shall notify the person filing the petition that the

22  petition is insufficient and has failed.

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

24  sufficient petition is presented either:

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

26  petition or repeal the ordinance referred to by a referendary

27  petition, or

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

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

30  understanding of the proposal.

31


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    SB 22-E                                        First Engrossed



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

  2  the electors, the election shall be held either:

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

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

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

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

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

  8  the Board, preferably in an election already scheduled for

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

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

11  on the proposal.

12         6.  An ordinance proposed by initiatory petition or the

13  repeal of an ordinance by referendary petition shall be

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

15         (a)  Any reduction or elimination of existing revenue

16  or any increase in expenditures not provided for by the

17  current budget or by existing bond issues shall not take

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

19  and

20         (b)  Rights accumulated under an ordinance between the

21  time a certified referendary petition against the ordinance is

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

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

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

25  election have conflicting provisions, the one receiving the

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

27         7.  An ordinance adopted by the electorate through

28  initiatory proceedings shall not be amended or repealed by the

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

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

31  any other ordinance.


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    SB 22-E                                        First Engrossed



  1         SECTION 8.02 7.02.  RECALL.

  2         Any member of the Board of County Commissioners or the

  3  County Mayor Sheriff or any Constable may be removed from

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

  5  municipality by which the officeholder he was chosen. The

  6  procedure on a recall petition shall be identical with that

  7  for an initiatory or referendary petition, except that:

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

  9  form of the petition.

10         2.  The person or persons circulating the petition must

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

12  municipality concerned in numbers at least equal to four

13  percent of the registered voters in the county district or

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

15  according to the official records of the County Supervisor of

16  Elections.

17         3.  The signed petition shall be filed with and

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

19         4.  The Board of County Commissioners must provide for

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

21  the certification of the petition.

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

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

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

25  majority vote of the electors voting on the question.

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

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

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

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

30  immediately.

31


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    SB 22-E                                        First Engrossed



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

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

  3  year after a recall petition against him is defeated.

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

  5  Sheriff or Constables shall be filled for the remaining term

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

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

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

  9

10                          ARTICLE - 9 8

11

12                        GENERAL PROVISIONS

13         SECTION 9.01 8.01.  ABOLITION OF CERTAIN OFFICES AND

14  TRANSFER OF FUNCTIONS.

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

16  the following offices are hereby abolished and the powers and

17  functions of such offices are hereby transferred to the County

18  Mayor Manager who shall provide for the continuation of all

19  the duties and functions of these offices required under the

20  Constitution and general laws of this state: County Property

21  Appraiser Assessor of Taxes, County Tax Collector, County

22  Surveyor, and County Purchasing Agent, and County Supervisor

23  of Registration.

24         B.  The County Mayor Manager may delegate to suitable

25  persons the powers and functions of such officers, provided

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

27  elected shall terminate the County Assessor of Taxes, the

28  County Tax Collector, the County Supervisor of Registration,

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

30  remain in his position and receive the same salary as

31  presently provided for by statute.


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    SB 22-E                                        First Engrossed



  1         C.  In the event that other elective officers are

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

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

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

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

  6  and shall provide for the continuation of all duties and

  7  functions of these offices required under the Constitution and

  8  general laws.

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

10  Director of Public Safety Sheriff is hereby abolished and the

11  powers and functions of such office are hereby transferred to

12  the County Mayor Manager, who shall provide for the

13  continuation of all the duties and functions of this office

14  required under the Constitution and general laws of this

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

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

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

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

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

20  abolished and the powers and functions of such office are

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

22  functions of the Office of the County Comptroller listed under

23  Article 4.

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

25  of Registration is abolished and the powers and functions of

26  such office are hereby transferred to the County Supervisor of

27  Elections who shall provide for the continuation of all the

28  duties and functions of such office required under the

29  Constitution and general laws of this state as provided in

30  Section 3.02.

31         SECTION 9.02 8.02.  RESERVED.


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    SB 22-E                                        First Engrossed



  1         SECTION 9.03 8.03.  TORT LIABILITY.

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

  3  same extent that municipalities in the State of Florida are

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

  5  maintained against the county for damages to persons or

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

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

  8  county in the manner and within the time provided by

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

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

11         Note: Waiver of County's tort immunity held

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

13         SECTION 9.04 8.04.  SUPREMACY CLAUSE.

14         A.  This Charter and the ordinances adopted hereunder

15  shall in cases of conflict supersede all municipal charters

16  and ordinances, except as herein provided, and where

17  authorized by the Constitution, shall in cases of conflict

18  supersede all special and general laws of the state.

19         B.  All other special and general laws and county

20  ordinances and rules and regulations not inconsistent with

21  this Charter shall continue in effect until they are

22  superseded by ordinance adopted by the Board pursuant to this

23  Charter and the Constitution.

24         SECTION 9.05 8.05.  EXISTING FRANCHISES, CONTRACTS, AND

25  LICENSES.

26         All lawful franchises, contracts, and licenses in force

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

28  until terminated or modified in accordance with their terms or

29  in the manner provided by law or this Charter.

30         SECTION 9.06 8.06.  EFFECT OF THE CHARTER.

31


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    SB 22-E                                        First Engrossed



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

  2  its declared purpose, which is to establish effective home

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

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

  5  provision of this Charter or the application thereof shall be

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

  7  of any ordinances or regulations made thereunder shall remain

  8  in full force and effect.

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

10  or restrict the power and jurisdiction of the Florida Railroad

11  and Public Utilities Commission.

12         SECTION 9.07 8.07.  AMENDMENTS.

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

14  resolution adopted by the Board of County Commissioners or by

15  petition of electors numbering not less than ten percent of

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

17  time the petition is submitted to the Board. Initiatory

18  petitions shall be certified in the manner required for

19  initiatory petitions for an ordinance.

20         B.  Amendments to this Charter may be proposed by

21  initiatory petitions of electors biennially, only during even

22  numbered years in which state primary and general elections

23  are held. All elections on charter amendments proposed by

24  initiatory petitions shall be held in conjunction with state

25  primary or general elections, unless the Board of County

26  Commissioners shall determine to call a special election by

27  two-thirds vote of the entire membership.

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

29  Board of County Commissioners at any time. Elections on

30  charter amendments proposed by the Board shall be held not

31


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    SB 22-E                                        First Engrossed



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

  2  resolution proposing any amendment.

  3         D.  The result of all elections on charter amendments

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

  5  the proposed amendment.

  6         SECTION 9.08 8.08.  REVISIONS.

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

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

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

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

11  a proposed revision of the Charter. The proposed revision

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

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

14  either with or without modification, it shall present such

15  proposed revision to the electorate in accordance with the

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

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

18  amendments that are proposed.

19         SECTION 9.09 8.09.  EFFECTIVE DATE.

20         This Charter shall become effective 60 days after it is

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

22  voting on the Charter.

23

24                          ARTICLE - 10 9

25

26                          NAME OF COUNTY

27         SECTION 10.01 9.01.  NAME OF COUNTY.

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

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

30  Florida Constitution, Florida Statutes, Code of Metropolitan

31


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    SB 22-E                                        First Engrossed



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

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

  3         B.  The Commission shall by ordinance provide a method

  4  to implement the official name change.

  5

  6                           ARTICLE - 11

  7

  8                           SEVERABILITY

  9         If any provision of this charter or the application

10  thereof to any person or circumstance is held invalid, the

11  invalidity shall not affect other provisions or applications

12  of the charter which can be given effect without the invalid

13  provision or application, and to this end the provisions of

14  this charter are declared severable.

15         Section 2.  If any provision of this act or the

16  application thereof to any person or circumstance is held

17  invalid, the invalidity shall not affect other provisions or

18  applications of the act which can be given effect without the

19  invalid provision or application, and to this end the

20  provisions of this act are declared severable.

21         Section 3.  (1)  Contingent upon approval of an

22  amendment to the State Constitution at the general election

23  held in November 2002 authorizing amendments or revisions to

24  the home rule charter of Miami-Dade County by special law

25  approved by a vote of the electors, the revision of the Dade

26  County Home Rule Charter proposed by this act shall be

27  submitted to the voters of Miami-Dade County by the Board of

28  County Commissioners of Dade County in a referendum to be held

29  in November 2003, in the following form, and shall take effect

30  only upon approval by a majority of the electors of Miami-Dade

31  County voting in such referendum:


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    SB 22-E                                        First Engrossed



  1

  2

  3

  4     PROPOSED REVISION OF THE DADE COUNTY HOME RULE CHARTER.

  5

  6         Proposing a revision of the Dade County Home Rule

  7  Charter to provide for a County Mayor, County Comptroller,

  8  County Attorney, and nonpartisan elected County Supervisor of

  9  Elections and for Deputy County Mayors; provide powers,

10  duties, and term limits of the Mayor, Comptroller, and county

11  commissioners; provide for salaries of the Mayor, Comptroller,

12  and county commissioners; revise the administrative

13  organization and procedures of the county; and abolish the

14  County Manager and County Supervisor of Registration offices.

15

16         ....FOR the proposed revision of the Dade County Home

17  Rule Charter

18         ....AGAINST the proposed revision of the Dade County

19  Home Rule Charter.

20

21         (2)  This section and section 2 shall take effect upon

22  becoming a law.

23

24

25

26

27

28

29

30

31


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