Legislative Matter

Miami-Dade Legislative Item
File Number: 081136

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Clerk's Official Copy

File Number: 081136

File Type: Resolution

Status: Adopted

Version: 0

Reference: R-534-08

Control: Board of County Commissioners

File Name: SPECIAL ELECTION-RENEW CHILDREN'S TRUST

Introduced: 4/9/2008

Requester: NONE

Cost:

Final Action: 5/6/2008

Agenda Date: 5/6/2008

Agenda Item Number: 11A8

Notes:

Title:

RESOLUTION CALLING SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA IN CONJUNCTION WITH A STATEWIDE ELECTION TO BE HELD ON TUESDAY, AUGUST 26, 2008 FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF MIAMI-DADE COUNTY THE QUESTION OF WHETHER TO RENEW THE CHILDREN'S TRUST, THE INDEPENDENT SPECIAL DISTRICT FOR CHILDREN'S SERVICES, AND CONTINUE TO LEVY AN ANNUAL AD VALOREM TAX NOT TO EXCEED ONE-HALF (1/2) MILL AS REQUIRED BY SECTION 1.01 (A) (11) OF THE HOME RULE CHARTER

Indexes:

CHILDRENS TRUST

Sponsors:	Barbara J. Jordan, Prime Sponsor
	Bruno A. Barreiro, Co-Sponsor
	Audrey M. Edmonson, Co-Sponsor
	Sally A. Heyman, Co-Sponsor
	Joe A. Martinez, Co-Sponsor
	Katy Sorenson, Co-Sponsor
	Sen. Javier D. Souto, Co-Sponsor
	Carlos A. Gimenez, Co-Sponsor
	Jose "Pepe" Diaz, 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

Board of County Commissioners	5/6/2008	11A8	Adopted				P
REPORT:	Commissioner Jordan commended Mr. David Lawrence for his leadership in creating the Children’s Trust Fund (CTF), which was due to sunset. She noted the CTF was the only foundation in Miami-Dade County that dedicated its revenues solely to the welfare of children. Mr. David Lawrence commended Commissioner Jordan for her efforts contributed to the CTF. He noted the CTF was a significant anti-violence effort that provided after-school care and summer camp for thousands of children, and invested $15 million for children with special needs. He noted if approved by voters on August 26, 2008, the CTF would become a great legacy for the future of this community, and would provide health teams in 164 public schools by this August (2008), compared to the 19 nurses and 24 health clinics of two years ago. He expressed his appreciation to the Board for their support of the CTF. Commissioner Jordan noted a number of colleagues agreed to co-sponsor this item, and she welcomed the co-sponsorship of others who had not yet committed their support. Commissioner Sorenson expressed appreciation to Mr. Lawrence for his efforts with the CTF. She noted much had resulted in this community as a result of the CTF, which was greatly needed and she would join the campaign to see it continue. Commissioner Sosa commended the legal department for the way they worded the ballot question, which allowed the public to know step-by-step what had been accomplished. Commissioner Diaz asked to be added as a co-sponsor to this resolution. Chairman Barreiro and Commissioner Gimenez noted they were proud to be co-sponsors, and would be supporting the campaign.

Economic Development and Human Services Committee	4/16/2008	2B	Forwarded to BCC with a favorable recommendation				P
REPORT:	Assistant County Attorney Cynthia Johnson-Stacks read the foregoing proposed resolution into the record. The Committee proceeded to vote on the foregoing resolution as presented. Commissioner Jordan and Vice Chairwoman Sorenson asked to be listed as cosponsors on this proposed resolution. Assistant County Attorney Johnson-Stacks advised the Committee members that County Commission Chairman Bruno A. Barreiro asked to be listed as a cosponsor as well. Commissioner Souto asked to be listed as a cosponsor on this proposed resolution.

County Attorney	4/9/2008		Assigned	Oren Rosenthal

County Attorney	4/9/2008		Referred	Economic Development and Human Services Committee	4/16/2008

Legislative Text

TITLE
RESOLUTION CALLING SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA IN CONJUNCTION WITH A STATEWIDE ELECTION TO BE HELD ON TUESDAY, AUGUST 26, 2008 FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF MIAMI-DADE COUNTY THE QUESTION OF WHETHER TO RENEW THE CHILDREN'S TRUST, THE INDEPENDENT SPECIAL DISTRICT FOR CHILDREN'S SERVICES, AND CONTINUE TO LEVY AN ANNUAL AD VALOREM TAX NOT TO EXCEED ONE-HALF (1/2) MILL AS REQUIRED BY SECTION 1.01 (A) (11) OF THE HOME RULE CHARTER

BODY
WHEREAS, the Miami-Dade County Home Rule Charter was amended by the electors of Miami-Dade County on September 10, 2002 to establish the Independent Special District for Children's Services "The Children's Trust" and allow for the levy of an annual ad valorem tax not to exceed one-half (1/2) mill; and
WHEREAS, Ordinance 02-247 creates The Children's Trust for the purpose of funding improvements for the children of Miami-Dade County in areas of health, development, safety, parental responsibility, community responsibility and other necessary and important children's services; and
WHEREAS, Section 1.01(A)(11) of the Home Rule Charter requires that the electors of Miami-Dade County renew the levy of the annual ad valorem tax in 2008;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that:
Section 1. A countywide special election, to be held in conjunction with a statewide election, is hereby called and shall be held in Miami-Dade County, Florida on Tuesday August 26, 2008 for the purpose of submitting to the qualified electors of Miami-Dade County the question of whether to renew The Children's Trust and continue to levy an annual ad valorem tax not to exceed one-half (1/2) mill.
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:
THE CHILDREN'S TRUST

SHALL THE CHILDREN'S TRUST, THE INDEPENDENT SPECIAL DISTRICT FOR CHILDREN'S SERVICES, BE RENEWED TO FUND IMPROVEMENTS TO CHILDREN'S HEALTH, DEVELOPMENT AND SAFETY INCLUDING:

* PROGRAMS TO REDUCE VIOLENCE AND KEEP CHILDREN SAFE,
* AFTER-SCHOOL AND SUMMER PROGRAMS,
* PROGRAMS TO IMPROVE THE EDUCATIONAL QUALITY OF CHILD CARE, AND
* HEALTH CARE TEAMS FOR PUBLIC SCHOOLS; AND

PROMOTE PARENTAL AND COMMUNITY RESPONSIBILITY FOR CHILDREN; AND CONTINUE THE ANNUAL AD VALOREM TAX LEVY NOT TO EXCEED ONE-HALF (1/2) MILL?

YES

NO

Section 4. The form of the ballot shall be in accordance with the requirements of general election laws and shall appear on the ballot as a separate question or proposal. Those qualified electors desiring to adopt or approve such proposal shall be instructed to vote "YES." Those qualified electors desiring to reject or disapprove the proposal shall be instructed to vote "NO."
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..
Section 9. This election shall be canvassed by the County Canvassing Board, in accordance with the provisions of general election law and Section 3.07 of the Home Rule Charter.