Miami-Dade Legislative Item
File Number: 091175
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File Number: 091175 File Type: Ordinance Status: Adopted
Version: 0 Reference: 09-51 Control: Board of County Commissioners
File Name: EST OFFICIAL COUNTY POLICY NOTICES TAXES SPANISH & CREOLE Introduced: 4/21/2009
Requester: NONE Cost: Final Action: 6/30/2009
Agenda Date: 6/30/2009 Agenda Item Number: 7A
Notes: Title: ORDINANCE CREATING A NEW SECTION OF THE MIAMI-DADE COUNTY CODE; ESTABLISHING OFFICIAL COUNTY POLICY THAT INFORMATION ABOUT CERTAIN LEGALLY-REQUIRED NOTICES OF THE CREATION OR INCREASE IN COUNTYWIDE TAXES, SPECIAL ASSESSMENTS, OR FEES THAT ARE PUBLISHED OR DELIVERED IN ENGLISH WILL ALSO BE PUBLISHED OR DELIVERED IN SPANISH AND HAITIAN CREOLE; PROVIDING SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE
Indexes: ADVERTISEMENT
  TAXES
Sponsors: Barbara J. Jordan, Prime Sponsor
  Jose "Pepe" Diaz, Co-Sponsor
  Audrey M. Edmonson, Co-Sponsor
  Carlos A. Gimenez, Co-Sponsor
  Dennis C. Moss, Co-Sponsor
  Rebeca Sosa, Co-Sponsor
  Sen. Javier D. Souto, 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 6/30/2009 7A Adopted P

Commission Auditor 6/15/2009 Legislative notes attached

Government Operations Committee 6/9/2009 3A Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Geri Bonzon-Keenan read the foregoing proposed ordinance into the record. Chairman Gimenez announced that the foregoing proposed ordinance was open for public participation, and there being no one to appear before the Committee, the public hearing was closed. Commissioners Edmonson, Sosa and Diaz requested to be listed as cosponsors. Hearing no comments or questions, the Committee voted on the foregoing proposed ordinance as presented.

Board of County Commissioners 5/5/2009 Tentatively scheduled for a public hearing Government Operations Committee 6/9/2009

Board of County Commissioners 5/5/2009 4E Adopted on first reading 6/9/2009 P
REPORT: The foregoing proposed ordinance was adopted on first reading and set for public hearing before the Government Operations Committee on Tuesday, June 9, 2009 at 9:30 a.m.

County Attorney 4/21/2009 Referred Government Operations Committee 6/9/2009

County Attorney 4/21/2009 Assigned Thomas W. Logue

Legislative Text


TITLE
ORDINANCE CREATING A NEW SECTION OF THE MIAMIDADE COUNTY CODE; ESTABLISHING OFFICIAL COUNTY POLICY THAT INFORMATION ABOUT CERTAIN LEGALLY-REQUIRED NOTICES OF THE CREATION OR INCREASE IN COUNTYWIDE TAXES, SPECIAL ASSESSMENTS, OR FEES THAT ARE PUBLISHED OR DELIVERED IN ENGLISH WILL ALSO BE PUBLISHED OR DELIVERED IN SPANISH AND HAITIAN CREOLE; PROVIDING SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE

BODY
WHEREAS, Florida law requires that legal notices be published or otherwise delivered in various forms to notify the public of the creation or increase of various taxes, special assessments, or fees and such publication or delivery is normally done in English; and
WHEREAS, Miami-Dade County has a diverse population which includes large communities of people who speak Spanish or Haitian Creole; and
WHEREAS, the purpose of such legal notice, which is to inform and educate members of the public, would be better served by also publishing or delivering information about the notice in Spanish and Haitian Creole when the communities impacted include people who speak these languages; and such dissemination would not replace formal legal notice, but only supplement and enhance it,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:

Section 1. A new section of the Code of Miami-Dade County, Florida, is hereby created to read as follows:
Sec. 2-73.3. Publication in Spanish, and Haitian Creole of Information about Certain Countywide Tax, Special Assessment, and Fee Notices.


(a) It is the official policy of Miami-Dade County that information about certain legal notices regarding taxes, special assessments, and fees that are published or delivered in English also be published or delivered in Spanish and Haitian Creole to the communities that speak Spanish or Haitian Creole.

(b) This policy applies when (a) there is an increase or creation of a tax, special assessment, or fee; (b) the tax, special assessment, or fee is countywide; (c) notice of such increase or creation is legally required by statute to be published or delivered; and (d) the legally required notice is published or delivered in English. In addition, when it is reasonably foreseeable that the creation or increase of a tax, special assessment, or fee that is less than countywide in scope will impact a substantial number of persons who speak Spanish or Haitian Creole, efforts shall be made to provide information in Spanish or Haitian Creole about any legally-required notices which are published or delivered in English.

(c) This policy does not require a word-for-word translation of the legal notice, but only the publication or delivery of information about such notice. Such information may include a reference to sources such as the 311 call center or the Miami-Dade County Web Pages for more precise information. This policy does not require the publication of the budget book in any language other than English.

(d) The official in charge of providing the legal notice shall have discretion to determine the best and most cost effective method to provide information about the notice in Spanish and Haitian Creole.

(d) This additional information is intended to supplement and not replace formal legal notice as required by governing law. Any mistakes or failure to provide such supplemental information, therefore, shall not provide a basis to challenge any legal action taken pursuant to the formal legal notice.

Section 2. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 3. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.
Section 4. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.





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