Miami-Dade Legislative Item
File Number: 060612
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File Number: 060612 File Type: Resolution Status: Before the Board
Version: 0 Reference: Control: Internal Mgmt. & Fiscal Responsibility Committee
File Name: RESO CALLING SPECIAL ELECTION REGARDING PROPERTY APPRAISER Introduced: 3/1/2006
Requester: NONE Cost: Final Action:
Agenda Date: Agenda Item Number: 11A
Notes: Title: RESOLUTION CALLING A SPECIAL ELECTION IN CONJUNCTION WITH A COUNTYWIDE ELECTION IN MIAMI-DADE COUNTY, FLORIDA, TO BE HELD ON TUESDAY, __________________ FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF MIAMI-DADE COUNTY THE QUESTION OF WHETHER THE MIAMI-DADE COUNTY HOME RULE CHARTER SHALL BE AMENDED TO PROVIDE FOR THE TRANSFER OF THE DUTIES OF THE COUNTY PROPERTY APPRAISER FROM THE COUNTY MANAGER TO A PERSON ELECTED AND SUBJECT TO RECALL BY THE VOTERS
Indexes: PROPERTY APPRAISER
  SPECIAL ELECTION
Sponsors: Sen. Javier D. Souto, Prime Sponsor
  Jose "Pepe" Diaz, Co-Sponsor
  Joe A. Martinez, Co-Sponsor
  Natacha Seijas, Co-Sponsor
  Rebeca Sosa, Co-Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Internal Mgmt. & Fiscal Responsibility Committee 4/12/2006 2W Forwarded to BCC without a recommendation F
REPORT: Commissioner Souto provided an explanation regarding the intent of this proposed resolution. He questioned the County Attorney on whether a referendum could be placed on the ballot in the November elections for approval by voters providing for a two-year term if this proposed resolution was approved by the County Commission. Assistant County Attorney Hefferman noted he would research this matter and report his findings to Commissioner Souto later. The following individuals appeared before the Committee and presented testimony in opposition to this proposed resolution: Ms. Lynn Summers, 5807 SW 82nd Street Mr. Jack (inaudible), 585 Shersper Street, Boca Raton Mr. Evan (inaudible), 16215 W. Crestview Place, Miami Lakes Mr. Robert Mendez, 6071 SW 37 Court Mr. Steven Smith, 20941 Baypoint, Aventura Commissioner Sosa thanked each for sharing their input. She noted; however, that she had received hundreds of calls in support of this resolution. Commissioner Sorenson noted she concurred with comments made by many of the speakers, and that she did not support an elected property appraiser for the same reason she did not support a strong mayor. Commissioner Edmonson noted she was confused by the concerns expressed by the speakers. She suggested this resolution be forwarded to the full BCC for further discussion. Chairman Barreiro noted the foregoing proposal was extremely well intended, but he felt that the role of the County Manager was the key in this process; that it was the County Manager who must control the mileage rate, despite the level of the property appraiser. Commissioner Sosa recommended the foregoing proposed resolution be forwarded to the BCC without a recommendation. Commissioner Moss noted his position remained the same. He expressed concern that the public would ultimately hold County Commissioners responsible. He noted a process should be in place to allow the public to air their grievances, and questioned the difference in rules that must be followed by an appointed property verses an elected appraiser. County Manager Burgess responded to Commissioner Moss’ concern. He noted the tax rate (value rate) should be controlled by the County and should be under the same governance of the County. Commissioner Moss noted, for the record, he did not support this proposed resolution. He suggested the County Commission attempt to address any concerns the public had regarding an appointed appraiser before approving this proposal. Commissioner Souto commended Commissioner Edmonson for her comments and noted there was not a problem with housing in this County.

County Attorney 3/21/2006 Assigned Internal Mgmt. & Fiscal Responsibility Committee 4/12/2006

Internal Mgmt. & Fiscal Responsibility Committee 3/16/2006 2L Carried over 4/12/2006
REPORT: This proposed resolution was carried over to the April 12, 2006 Committee meeting due to a lack of a quorum.

County Attorney 3/1/2006 Referred Internal Mgmt. & Fiscal Responsibility Committee 3/16/2006

County Attorney 3/1/2006 Assigned Murray A. Greenberg 3/1/2006

Legislative Text


TITLE
RESOLUTION CALLING A SPECIAL ELECTION IN CONJUNCTION WITH A COUNTYWIDE ELECTION IN MIAMI-DADE COUNTY, FLORIDA, TO BE HELD ON TUESDAY, __________________ FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF MIAMI-DADE COUNTY THE QUESTION OF WHETHER THE MIAMI-DADE COUNTY HOME RULE CHARTER SHALL BE AMENDED TO PROVIDE FOR THE TRANSFER OF THE DUTIES OF THE COUNTY PROPERTY APPRAISER FROM THE COUNTY MANAGER TO A PERSON ELECTED AND SUBJECT TO RECALL BY THE VOTERS

BODY
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. A special election in conjunction with a countywide election in Miami-Dade county, Florida, is hereby called and shall be held in Miami-Dade County, Florida on Tuesday, ________________ for the purpose of submitting to the qualified electors of Miami-Dade County the proposal for amendment to the Home Rule Charter in the form attached hereto and made a part hereof.
Section 2. Notice of such election shall be published in accordance with Section 100.342, Florida Statutes.
Section 3. The result of such election shall be determined by a majority of the qualified electors of Miami-Dade County voting upon the proposal. The polls at such election shall be open from 7:00 a.m. until 7:00 p.m. on the day of such election. All qualified electors of Miami-Dade County, Florida shall be entitled to vote at said election. The County registration
books shall remain open at the Office of the Miami-Dade County Supervisor of Elections until thirty (30) days prior to the date of such election, at which time the registration books will close in accordance with the provisions of general election laws. The question shall appear on the ballot in substantially the following form:
HOME RULE CHARTER AMENDMENT
CHANGING PROPERTY APPRAISER FROM AN APPOINTED TO AN ELECTED OFFICE

SHALL THE CHARTER BE AMENDED TO PROVIDE FOR THE TRANSFER OF THE DUTIES OF THE COUNTY PROPERTY APPRAISER FROM THE COUNTY MANAGER TO A PERSON ELECTED AND SUBJECT TO RECALL BY THE VOTERS?

YES

NO

Section 4. The form of the ballot shall be in accordance with the requirements of general election laws.
Section 5. Early voting shall be conducted in accordance with the requirements of general election laws.
Section 6. Absentee paper ballots may be used by qualified electors of Miami-Dade County for voting on this question. The form of such absentee ballot shall be in accordance with the requirements prescribed by general election laws.
Section 7. A sample ballot showing the manner in which the question or proposal aforesaid will appear at this election shall be published and provided in accordance with the applicable provisions of general election laws.

Section 8. This special election on the proposal aforesaid shall be held and conducted in accordance with applicable provisions of the general laws relating to elections and the provisions of the Miami-Dade County Home Rule Charter. The County Manager, the Finance Director, the Supervisor of Elections and the Clerk of the County Commission are hereby authorized and directed to take all appropriate actions necessary to carry into effect and accomplish the provisions of this resolution. This election shall be a nonpartisan election. Election officials in connection with this election shall be appointed in accordance with the provisions of general election laws.
Section 9. This election shall be canvassed by the County Canvassing Board, in accordance with the provisions of Section 2.07 of the Home Rule Charter.
MIAMI-DADE COUNTY HOME RULE CHARTER

* * *
ARTICLE- 3

THE COUNTY MANAGER

* * *

SECTION 3.04. POWERS AND DUTIES. 1

A. Commencing with the election of Mayor in 1996, the Manager shall be responsible for the administration of all units of the County government under the Manager's jurisdiction, and for carrying out policies adopted by the Commission. The Manager, or such other persons as may be designated by resolution of the commission, shall execute contracts and other instruments, sign bonds and other evidences of indebtedness, and accept process.
B. Unless otherwise provided for by civil service rules and regulations, the Manager shall have the power to appoint and suspend all administrative department heads of the major departments of the county, to-wit: Tax Collector, [[Tax Assessor,]] Department of Public Works, Department of Public Safety, Building and Zoning Department, Planning Department, Finance Department, Park and Recreation Department and Internal Auditing Department, except that before any appointment shall become effective, the said appointment must be approved by the County Commission and if the same is disapproved the said appointment shall be void. In the event such appointment shall be disapproved by the County Commission the appointment shall forthwith become null and void and thereupon the County Manager shall make a new appointment or appointments, each of which shall likewise be submitted for approval by the County Commission. However, the right to suspend, remove or discharge any department head with or without cause, is reserved at all times to the County Manager.




ARTICLE - 4

ADMINISTRATIVE ORGANIZATION AND PROCEDURE
* * *


SECTION 4.04. ASSESSMENT AND COLLECTION OF TAXES.

>>A. Commencing with the general election to be held in November 2008 and every four years thereafter, the Miami-Dade County Property Appraiser shall be elected on a nonpartisan basis, by a majority of the qualified electors voting at a county-wide election held within Miami-Dade County, Florida.

[[A.]] >>B.<< Beginning with the tax year 1961, the county tax rolls prepared by the county shall be the only legal tax rolls in this county for the assessment and collection of county and municipal taxes. Thereafter no municipality shall have an assessor or prepare an ad valorem tax roll. Each municipality shall continue to have the right to adopt its own budget, fix its own millage, and levy its own taxes. Each municipality shall certify its levies to the County Manager not later than 30 days after the county tax rolls have been finally approved by the Board. Any municipality may obtain a copy of this tax roll upon payment of the cost of preparing such a copy, and copies of the tax rolls shall be available for public inspection at reasonable times. Maps showing the assessed valuation of each parcel of property may be prepared and made available for sale to the public at a reasonable price.

[[B]] >>C.<< All county and municipal taxes for the tax year beginning January 1, 1961, and all subsequent tax years, shall be collected by the county on one bill prepared and sent out by the county. The amounts of county and municipal taxes shall be shown as separate items, and may be paid separately.

[[C]] >>D.<<. Delinquent municipal taxes shall be collected in the same manner as delinquent county taxes.

[[D]] >>E.<< All the tax revenues collected for any municipality shall be returned monthly by the county to the municipality.

* * *

ARTICLE - 7

INITIATIVE, REFERENDUM, AND RECALL


* * *

SECTION 7.02 RECALL.

Any member of the Board of County
Commissioners >>,<< [[or]] the Mayor, >>the Property Appraiser, << Sheriff or Constable may be removed from office by the electors of the county, district, or municipality by which he was chosen. The procedure on a recall petition shall be identical with that for an initiatory or referendary petition, except that:

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

2. The person or persons circulating the petition must obtain signatures of electors of the county, district, or municipality concerned in numbers at least equal to four percent of the registered voters in the county district or municipality on the day on which the petition is approved, according to the official records of the County Supervisor of Elections.

3. The signed petition shall be filed with and canvassed and certified by the Clerk of the Circuit Court.

4. The Board of County Commissioners must provide for a recall election not less than 45 nor more than 90 days after the certification of the petition.

5. The question of recall shall be placed on the ballot in a manner that will give the elector a clear choice for or against the recall. The result shall be determined by a majority vote of the electors voting on the question.

6. If the majority is against recall the officer shall continue in office under the terms of his previous election. If the majority is for recall he shall, regardless of any defect in the recall petition, be deemed removed from office immediately.

7. No recall petition against such an officer shall be certified within one year after he takes office nor within one year after a recall petition against him is defeated.

8. Any vacancy created by recall in the offices of Sheriff or Constables shall be filled for the remaining term by appointment by the Board of County Commissioners, or the Board may require the office to be filled at the next regular election or at a special election called for that purpose.


ARTICLE - 8

GENERAL PROVISIONS

SECTION 8.01 ABOLITION OF CERTAIN OFFICES AND TRANSFER OF FUNCTIONS.

A. On May 1, 1958, the following offices are hereby abolished and the powers and functions of such offices are hereby transferred to the County Manager who shall provide for the continuation of all the duties and functions of these offices required under the Constitution and general laws of this state: [[County Assessor of Taxes,]] County Tax Collector, County Surveyor, County Purchasing Agent, and County Supervisor of Registration.

B. The County Manager may delegate to suitable persons the powers and functions of such officers, provided however that until the term of office for which they were elected shall terminate the [[County Assessor of Taxes,]] the County Tax Collector, the County Supervisor of Registration, and the County Purchasing Agent shall each if he so desires remain in his position and receive the same salary as presently provided for by statute.

C. In the event that other elective officers are abolished by the Board, the Board shall provide that any person duly elected to such office shall if he so desires remain in the same or similar position and receive the same salary for the remainder of the term for which he was elected, and shall provide for the continuation of all duties and functions of these offices required under the Constitution and general laws.

D. On November 9, 1966, the Office of Sheriff is hereby abolished and the powers and functions of such office are hereby transferred to the County Manager, who shall provide for the continuation of all the duties and functions of this office required under the Constitution and general laws of this state. The County Manager may delegate to a suitable person or persons the powers and functions of such officer. Section 1.01A(19)(a) of this Charter is amended by deleting the word "Sheriff" and subsections (b) and (c) are repealed.



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