Miami-Dade Legislative Item
File Number: 110771
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File Number: 110771 File Type: Resolution Status: Failed
Version: 0 Reference: Control: Board of County Commissioners
File Name: CREATE A TASK FORCE TO STUDY PROPOSE CHARTER AMENDMENT Introduced: 4/4/2011
Requester: NONE Cost: Final Action: 5/3/2011
Agenda Date: 5/3/2011 Agenda Item Number: 11A26
Notes: Title: RESOLUTION CALLING A COUNTYWIDE SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF MIAMI-DADE COUNTY THE QUESTION OF WHETHER TO AMEND THE HOME RULE CHARTER TO REQUIRE THE BOARD TO CREATE BY ORDINANCE A TASK FORCE TO STUDY AND PROPOSE A CHARTER AMENDMENT TO ABOLISH THE CURRENT THIRTEEN COMMISSION DISTRICTS AND CREATE A NEW TWO-TIERED ELECTORAL SYSTEM COMPRISED OF THE MINIMUM NUMBER OF AT-LARGE AND SINGLE MEMBER COMMISSIONER DISTRICTS NECESSARY TO PROVIDE MEANINGFUL COUNTYWIDE AND LOCAL PERSPECTIVE WITH SUCH PROPOSAL TO BE PLACED ON THE NEXT COUNTYWIDE ELECTION BALLOT AFTER APPROVAL BY A FEDERAL COURT [SEE ORIGINAL ITEM UNDER FILE NO. 110666]
Indexes: NONE
Sponsors: Carlos A. Gimenez, Prime 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 5/3/2011 11A26 Denied P

Board of County Commissioners 4/4/2011 14A5 4 Day Rule Invoked
REPORT: The 4-day rule was invoked by Commissioner Jordan.

County Attorney 4/4/2011 Assigned Oren Rosenthal 4/4/2011

Legislative Text


TITLE
RESOLUTION CALLING A COUNTYWIDE SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF MIAMIDADE COUNTY THE QUESTION OF WHETHER TO AMEND THE HOME RULE CHARTER TO REQUIRE THE BOARD TO CREATE BY ORDINACE A TASK FORCE TO STUDY AND PROPOSE A CHARTER AMENDMENT TO ABOLISH THE CURRENT THIRTEEN COMMISSION DISTRICTS AND CREATE A NEW TWO-TIERED ELECTORAL SYSTEM COMPRISED OF THE MINIMUM NUMBER OF AT-LARGE AND SINGLE MEMBER COMMISSIONER DISTRICTS NECESSARY TO PROVIDE MEANINGFUL COUNTYWIDE AND LOCAL PERSPECTIVE WITH SUCH PROPOSAL TO BE PLACED ON THE NEXT COUNTYWIDE ELECTION BALLOT AFTER APPROVAL BY A FEDERAL COURT

BODY
WHEREAS, Sections 1.03 and 1.04 of the Home Rule Charter presently provide that there shall be thirteen (13) County Commission districts; and
WHEREAS, a two-tiered electoral scheme comprised of at-large and single-member districts will provide voters with an opportunity to participate in a greater number of elections for the County Commission, as well as provide for a county-wide perspective in County Commission deliberations,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. A countywide special election is hereby called and shall be held in Miami-Dade County, Florida on [ ], 2011, 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
CREATING A TASK FORCE TO CREATE TWO-TIERED ELECTORAL SYSTEM

SHALL THE CHARTER BE AMENDED TO REQUIRE THE BOARD TO CREATE BY ORDINANCE A TASK FORCE TO STUDY AND PROPOSE A CHARTER AMENDMENT TO ABOLISH THE CURRENT THIRTEEN COMMISSION DISTRICTS AND CREATE A NEW TWO-TIERED ELECTORAL SYSTEM COMPRISED OF THE MINIMUM NUMBER OF AT-LARGE AND SINGLE MEMBER COMMISSIONER DISTRICTS NECESSARY TO PROVIDE MEANINGFUL COUNTYWIDE AND LOCAL PERSPECTIVE WITH SUCH PROPOSAL TO BE PLACED ON THE NEXT COUNTYWIDE ELECTION BALLOT AFTER APPROVAL BY A FEDERAL COURT?

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 Mayor or his or her designee, the Finance Director, 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.

MIAMI-DADE COUNTY HOME RULE CHARTER

ARTICLE-11


BOARD OF COUNTY COMMISSIONERS

* * *

Section 1.03 DISTRICTS.

* * *

>>B. The Board shall, by Ordinance, create a task force to study and propose a ballot question to abolish the current thirteen commission districts and create a new two-tiered electoral system comprised of the minimum number of at-large and single member commissioner districts necessary to provide meaningful county-wide and local perspective on the board. The task force shall reflect racial, ethnic, and gender balance and diversity and shall consist of no more than 9 members appointed by a committee of 5 presidents of local colleges or universities as well as the chief judges of the United States District Court for the Southern District of Florida and the Circuit Court of the 11th Judicial Circuit in and for Miami-Dade County, Florida. The ordinance shall further require that the County Attorney file a declaratory action in Federal Court to ascertain the proposalís validity under the Voting Rights Act. Upon approval by the Federal Courts, the proposal shall be placed, without further action by the Board, on the next countywide election ballot.<<

1Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged.
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Agenda Item No. 14(A)(5)
Page No. 4


Approved Mayor Agenda Item No. 14(A)(5)
Veto __________ 4-4-11
Override __________












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