Miami-Dade Legislative Item
File Number: 112107
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File Number: 112107 File Type: Resolution Status: Before the Board
Version: 0 Reference: Control: Board of County Commissioners
File Name: SPECIAL ELECTION TO AMEND CHARTER CITIZEN INITIATIVE PETITIO Introduced: 10/11/2011
Requester: NONE Cost: Final Action:
Agenda Date: 11/3/2011 Agenda Item Number: 11A13
Notes: Title: RESOLUTION CALLING A COUNTYWIDE SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA, IN CONJUNCTION WITH A GENERAL ELECTION TO BE HELD ON TUESDAY, JANUARY 31, 2012, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF MIAMI-DADE COUNTY THE QUESTION OF WHETHER THE HOME RULE CHARTER SHALL BE AMENDED TO SPECIFY THE EXCLUSIVE PROCESS, FORM, CONTENT, AND METHOD FOR CERTIFICATION OF CITIZEN INITIATIVE PETITIONS TO AMEND THE HOME RULE CHARTER, REPEAL ALL PROVISIONS IN CURRENT ORDINANCES AND RESOLUTIONS THAT REGULATE SUCH PETITIONS, AND PROHIBIT REGULATION OF SUCH PETITIONS BY THE BOARD
Indexes: INITIATIVE PETITION
  SPECIAL ELECTION
Sponsors: Esteban L. Bovo, Jr., 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Board of County Commissioners 11/3/2011 11A13 Withdrawn
REPORT: SPECIAL NOTE: See Agenda Item 11A34 AMENDED, Legislative File No. 112352 for preliminary comments and discussion prior to the consideration of resolutions calling for a Countywide Special Election to amend the Home Rule Charter. See Agenda Item 11A20, Legislative File No. 112265 for additional comments relating to the foregoing proposed resolution.

Board of County Commissioners 10/18/2011 14A1 4 Day Rule Invoked
REPORT: Commissioner Jordan invoked the 4-Day Rule on the foregoing proposed resolution.

County Mayor 10/17/2011 Additions

County Attorney 10/11/2011 Referred Infrastructure and Land Use Committee 10/26/2011

County Attorney 10/11/2011 Assigned Oren Rosenthal

Legislative Text


TITLE
RESOLUTION CALLING A COUNTYWIDE SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA, IN CONJUNCTION WITH A GENERAL ELECTION TO BE HELD ON TUESDAY, JANUARY 31, 2012, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF MIAMI-DADE COUNTY THE QUESTION OF WHETHER THE HOME RULE CHARTER SHALL BE AMENDED TO SPECIFY THE EXCLUSIVE PROCESS, FORM, CONTENT, AND METHOD FOR CERTIFICATION OF CITIZEN INITIATIVE PETITIONS TO AMEND THE HOME RULE CHARTER, REPEAL ALL PROVISIONS IN CURRENT ORDINANCES AND RESOLUTIONS THAT REGULATE SUCH PETITIONS, AND PROHIBIT REGULATION OF SUCH PETITIONS BY THE BOARD

BODY
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 Tuesday, January 31, 2012, 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:
CHARTER AMENDMENT
SPECIFYING CITIZEN INITIATIVE PETITION PROCEDURES TO AMEND THE CHARTER

SHALL THE CHARTER BE AMENDED TO SPECIFY THE EXCLUSIVE PROCESS, FORM, CONTENT, AND METHOD FOR CERTIFICATION OF CITIZEN INITIATIVE PETITIONS TO AMEND THE CHARTER, TO REPEAL ALL PROVISIONS IN CURRENT ORDINANCES AND RESOLUTIONS THAT REGULATE SUCH PETITIONS, AND TO PROHIBIT FUTURE ADOPTION OF ORDINANCES AND RESOLUTIONS REGULATING SUCH PETITIONS?


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.

The Prime Sponsor of the foregoing resolution is Commissioner Esteban Bovo, Jr.. It was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, vote was as follows:
Joe A. Martinez, Chairman
Audrey M. Edmonson, Vice Chairwoman
Bruno A. Barreiro
Lynda Bell
Esteban L. Bovo, Jr.
Jose "Pepe" Diaz
Sally A. Heyman
Barbara J. Jordan
Jean Monestime
Dennis C. Moss
Rebeca Sosa
Xavier L. Suarez
Sen. Javier D. Souto


The Chairperson thereupon declared the resolution duly passed and adopted this ?????, 2011. This resolution shall become effective ten (10) days after the date of its adoption unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.
MIAMI-DADE COUNTY, FLORIDA
BY ITS BOARD OF
COUNTY COMMISSIONERS

HARVEY RUVIN, CLERK


By:________________________
Deputy Clerk


Approved by County Attorney as
to form and legal sufficiency. _______

Oren Rosenthal


MIAMI-DADE COUNTY HOME RULE CHARTER

ARTICLE-91

GENERAL PROVISIONS

* * *

Section 9.07. AMENDMENTS

A. Amendments to this Charter may be proposed by a resolution adopted by the Board of County Commissioners or by petition of electors numbering not less than ten percent of the total number of electors registered in Dade County at the time the petition is submitted, together with proposed ballot language, to the Clerk of the Circuit Court, who shall without delay approve as to form a petition for circulation in one or several copies as the proposer may desire. [[Initiatory petitions shall be certified in the manner required for initiatory petitions for an ordinance]].

B. Amendments to this Charter [[may be]] proposed by initiatory petitions of electors >>shall be governed exclusively by the following procedure:

1. The person proposing the amendment shall submit to the Clerk a proposed petition, in the form specified in section (2) below, and proposed ballot language, including a title. The Clerk shall without delay approve as to form a petition for circulation in one or several copies as the proposer may desire.

2. The petition shall be printed in 14-point font and contain the following information: (a) the title and text of the proposed amendment, printed in English, Spanish and Creole; (b) a statement in each petition circulator's own handwriting, setting forth his or her own name, both in printed and signature form; (c) the residence address of the circulator; (d) dates between which all the signatures on each individual petition were obtained; and (e) a sworn statement that the circulator personally circulated the petition and witnessed each signature as it was being written.

3. Initiatory petitions shall be certified in the manner required for initiatory petitions for an ordinance.

4. T<<[[t]]he Board of County Commissioners shall call an election to be held within 60-120 days of the date that a certified petition is presented to the County Commission. Such election shall be called in conjunction [[a countywide ]]>>with the next scheduled general<< election>>.<< [[;however, if no countywide election is scheduled to occur within 60-120 days or presentation, a special election on the position shall be called.]]

C. Amendments to this Charter may be proposed by the Board of County Commissioners at any time. Elections on charter amendments proposed by the Board shall be held not less than 60 nor more than 120 days after the Board adopts a resolution proposing any amendment.

D. The result of all elections on Charter amendments shall be determined by a majority of the electors voting on the proposed amendment.

>>E. All current ordinances and resolutions regulating initiative petitions shall be repealed.<<
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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