Miami-Dade Legislative Item
File Number: 071656
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File Number: 071656 File Type: Resolution Status: In Draft
Version: 0 Reference: Control: Governmental Operations and Environment Committee
File Name: SPECIAL ELECTION ON ELECTION OF PROPERTY APPRAISER Introduced: 5/29/2007
Requester: NONE Cost: Final Action:
Agenda Date: Agenda Item Number: 11A
Notes: NOTE TO CAO: ITEM IN SUBCOMMITTEE FOLDER Title: RESOLUTION CALLING A COUNTYWIDE SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA, IN CONJUNCTION WITH A STATEWIDE ELECTION, TO BE HELD ON ______________, __________________ 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 TRANSFER OF THE DUTIES OF THE COUNTY PROPERTY APPRAISER FROM A PERSON APPOINTED AND SUPERVISED BY THE MAYOR TO A PERSON ELECTED AND SUBJECT TO RECALL BY THE VOTERS
Indexes: HOME RULE CHARTER
  PROPERTY APPRAISER
  SPECIAL ELECTION
Sponsors: Natacha Seijas, Prime Sponsor
  Jose "Pepe" Diaz, Co-Sponsor
  Audrey M. Edmonson, Co-Sponsor
  Carlos A. Gimenez, Co-Sponsor
  Joe A. Martinez, 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

Governmental Operations and Environment Committee 6/12/2007 3E Referred P
REPORT: The foregoing proposed resolution was read into the record by Assistant County Attorney Joni Armstrong-Coffey. Chairwoman Seijas noted she sponsored this resolution but left the date open because she wanted the election to run with any election set on tax issues. She stated she would like to defer entering a date until October when the BCC would have confirmation on any tax reform election or have enough time to set this with the January 29th Presidential Preference Election. Commissioner Diaz asked that this be examined comprehensively, as previously agreed to by this Committee, which included the positions of Tax Collector with the Supervisor of Elections, Property Appraiser and the Sheriff and that it be reviewed as a whole before the Charter Review Taskforce. Commissioner Martinez spoke in support of this ordinance but felt it should go before the Charter Review Task Force along with the other ordinance. Chairwoman Seijas stated she had no problems with referring this ordinance to the Charter Review Task Force, but would like it to remain a separate position. In response to Commissioner Diaz’ question regarding whether they were all once together, Ms. Cynthia Curry, Senior Advisor to the County Manager, noted what was said to the Charter Review was one resolution containing all positions, although in the beginning a separate resolution was drafted. Commissioner Gimenez noted he believed the resolution sponsored by Commissioner Diaz had three or four different positions that were to be considered individually by the Charter Review Task Force for recommendations, and not necessarily as a whole. He stated he felt January 9th was a logical date to put this before the electors. Chairwoman Seijas stated she had no problems with this ordinance going before the Charter Review Task Force along with the other ordinance and the Committee could make recommendations either jointly or separately, provided it was brought back before the BCC by October to allow the election date to be set for January 2008. Commissioner Martinez asked that he be added as a co-sponsor to this ordinance. Commissioner Diaz asked that all Committee members be added as a co-sponsor. Hearing no further comments or discussion, the Committee referred the foregoing proposed resolution to the Charter Review Committee for review and recommendations.

County Attorney 6/1/2007 Assigned Governmental Operations and Environment Committee 9/11/2007

County Attorney 5/29/2007 Assigned Cynthia Johnson-Stacks 6/1/2007

Legislative Text


TITLE
RESOLUTION CALLING A COUNTYWIDE SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA, IN CONJUNCTION WITH A STATEWIDE ELECTION, TO BE HELD ON ______________, __________________ FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF MIAMIDADE COUNTY THE QUESTION OF WHETHER THE MIAMI-DADE COUNTY HOME RULE CHARTER SHALL BE AMENDED TO PROVIDE FOR TRANSFER OF THE DUTIES OF THE COUNTY PROPERTY APPRAISER FROM A PERSON APPOINTED AND SUPERVISED BY THE MAYOR 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 countywide special election, in conjunction with a statewide election, is hereby called and shall be held in Miami-Dade County, Florida on _______________, ________________ 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 twenty-nine (29) 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 A PERSON APPOINTED AND SUPERVISED BY THE MAYOR 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 3.07 of the Home Rule Charter.

OTHER
MIAMI-DADE COUNTY HOME RULE CHARTER

* * *

ARTICLE - 5

ADMINISTRATIVE ORGANIZATION AND PROCEDURE

* * *

SECTION 5.04. 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 8

INITIATIVE, REFERENDUM, AND RECALL


* * *

SECTION 8.02 RECALL.

Any member of the Board of County
Commissioners >>,<< [[or]] the Mayor, >>the Property Appraiser, the<< 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.



ARTICLE 9

GENERAL PROVISIONS

SECTION 9.01 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 Mayor, who shall assume 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. The Mayor may delegate to a suitable person or persons the powers and functions of such offices.

B. 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.

C. On November 9, 1966, the Office of Sheriff is hereby abolished and the powers and functions of such office are hereby transferred to the Mayor, who shall assume all the duties and functions of this office required under the Constitution and general laws of this state. The Mayor may delegate to a suitable person or persons the powers and functions of such office.



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Agenda Item No.
Page No. 3


Approved Mayor Agenda Item No.
Veto __________ 07-10-07
Override __________


RESO\962










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