Miami-Dade Legislative Item
File Number: 112112
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File Number: 112112 File Type: Resolution Status: Before the Board
Version: 0 Reference: Control: Board of County Commissioners
File Name: CITIZEN INITIATIVE, REFERENDUM, RECALL AND CHARTER PETITIONS Introduced: 10/11/2011
Requester: NONE Cost: Final Action:
Agenda Date: 11/3/2011 Agenda Item Number: 11A18
Notes: #12 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 PROVIDE THAT THE CHARTER SHALL EXCLUSIVELY GOVERN THE PROCEDURES FOR CITIZEN INITIATIVE, REFERENDUM, RECALL AND CHARTER AMENDMENT PETITIONS, THAT ALL CURRENT ORDINANCES AND RESOLUTIONS THEREON SHALL BE REPEALED AND THAT FUTURE ADOPTION OF ORDINANCES AND RESOLUTIONS REGULATING SUCH PETITIONS BE PROHIBITED
Indexes: AMENDMENT TO
  CITIZENS
  HOME RULE CHARTER
  PETITION
  RECALL
  REFERENDUM
  REPEAL ORDINANCE
  REPEAL RESOLUTION
  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 11A18 Deferred
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 11A14 AMENDED, Legislative File No 112108 for additional comments relating to the foregoing proposed resolution.

Board of County Commissioners 10/18/2011 14A6 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 PROVIDE THAT THE CHARTER SHALL EXCLUSIVELY GOVERN THE PROCEDURES FOR CITIZEN INITIATIVE, REFERENDUM, RECALL AND CHARTER AMENDMENT PETITIONS, THAT ALL CURRENT ORDINANCES AND RESOLUTIONS THEREON SHALL BE REPEALED AND THAT FUTURE ADOPTION OF ORDINANCES AND RESOLUTIONS REGULATING SUCH PETITIONS BE PROHIBITED

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
PROHIBITING REGULATION BY ORDINANCE
OR RESOLUTION OF PETITION PROCEDURES

SHALL THE CHARTER BE AMENDED TO PROVIDE THAT THE CHARTER SHALL EXCLUSIVELY GOVERN THE PROCEDURES FOR CITIZEN INITIATIVE, REFERENDUM, RECALL AND CHARTER AMENDMENT PETITIONS, THAT ALL CURRENT ORDINANCES AND RESOLUTIONS THEREON SHALL BE REPEALED AND THAT FUTURE ADOPTION OF ORDINANCES AND RESOLUTIONS REGULATING SUCH PETITIONS BE PROHIBITED?


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.

OTHER
MIAMI-DADE COUNTY HOME RULE CHARTER

ARTICLE-81

INITIATIVE, REFERENDUM, AND RECALL

Section 8.01. INITIATIVE AND REFERENDUM.

* * *

>>8. The provisions in all current ordinances and resolutions regulating the initiative and referendum process shall be repealed. The Board of County Commissioners shall not adopt any No resolution or ordinance regulating the initiative and referendum process shall be adopted.<<

Section 8.02. RECALL

Any member of the Board of County Commissioners, 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:

* * *

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.

>>The initiatory process on a recall provision shall be governed exclusively by the provisions of the Charter and the Board shall not adopt any no ordinance or resolution regulating same may be adopted.<<

ARTICLE-9

GENERAL PROVISIONS

* * *

Section 9.07. AMENDMENTS

* * *

>>E. The initiatory process to amend the Charter shall be governed exclusively by the provisions of the Charter and the Board shall not adopt any no ordinance or resolution regulating same shall be adopted. <<

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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