Miami-Dade Legislative Item
File Number: 112197
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File Number: 112197 File Type: Resolution Status: Before the Board
Version: 0 Reference: Control: Board of County Commissioners
File Name: SPECIAL ELECTION CHARTER AMENDMENT 21 MEMBER TASK FORCE Introduced:
Requester: NONE Cost: Final Action:
Agenda Date: 11/3/2011 Agenda Item Number: 11A33
Notes: CHARTER AMENDMENT Title: RESOLUTION CALLING A COUNTYWIDE SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA, ON TUESDAY, [ ], FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF MIAMI-DADE COUNTY THE QUESTION OF WHETHER TO AMEND THE HOME RULE CHARTER TO PROVIDE FOR THE CREATION AT LEAST ONCE EVERY 5 YEARS OF A 21-MEMBER CHARTER REVIEW TASK FORCE APPOINTED BY COUNTY COMMISSIONERS, THE MAYOR, EACH OF THE 4 LARGEST CITIES, AND THE LEAGUE OF CITIES TO CONSIDER PROPOSALS TO REVISE OR AMEND THE CHARTER AND TO REQUIRE PROPOSALS APPROVED BY A 2/3 MAJORITY OF THE TASK FORCE BE PLACED ON THE BALLOT FOR APPROVAL BY THE ELECTORATE
Indexes: CHARTER AMENDMENT
  CHARTER REVIEW
  SPECIAL ELECTION
  TASK FORCE
Sponsors: Joe A. Martinez, 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Board of County Commissioners 11/3/2011 11A33 Withdrawn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.

County Attorney 10/20/2011 Referred Infrastructure and Land Use Committee

County Attorney 10/20/2011 Assigned Monica Rizo

Legislative Text


TITLE
RESOLUTION CALLING A COUNTYWIDE SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA, ON TUESDAY, [ ], FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF MIAMI-DADE COUNTY THE QUESTION OF WHETHER TO AMEND THE HOME RULE CHARTER TO PROVIDE FOR THE CREATION AT LEAST ONCE EVERY 5 YEARS OF A 21-MEMBER CHARTER REVIEW TASK FORCE APPOINTED BY COUNTY COMMISSIONERS, THE MAYOR, EACH OF THE 4 LARGEST CITIES, AND THE LEAGUE OF CITIES TO CONSIDER PROPOSALS TO REVISE OR AMEND THE CHARTER AND TO REQUIRE PROPOSALS APPROVED BY A 2/3 MAJORITY OF THE TASK FORCE BE PLACED ON THE BALLOT FOR APPROVAL BY THE ELECTORATE

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, [ ], 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
RELATING TO APPOINTMENT AND POWER OF THE CHARTER REVIEW TASK FORCE

SHALL THE CHARTER BE AMENDED TO PROVIDE FOR THE CREATION AT LEAST ONCE EVERY 5 YEARS OF A CHARTER REVIEW TASK FORCE APPOINTED BY EACH COUNTY COMMISSIONER, THE MAYOR, EACH OF THE 4 LARGEST CITIES, AND THE LEAGUE OF CITIES TO CONSIDER PROPOSALS TO REVISE OR AMEND THE CHARTER AND TO REQUIRE PROPOSALS APPROVED BY A 2/3 MAJORITY OF THE TASK FORCE BE PLACED ON THE BALLOT FOR APPROVAL BY THE ELECTORATE?

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-91


GENERAL PROVISIONS

* * *

Section 9.08. [[REVISIONS]] CHARTER REVIEW TASK FORCE

At least once in every 5 year period >>commencing January 31, 2017,<< the Board shall [[review the Charter and determine whether or not there is a need for revision. If the Board determines that a revision is needed, it shall establish a procedure for the preparation of a proposed revision of the Charter.]] >>convene a Charter Review Task Force consisting of 8 members appointed in accordance with the next sentence, plus one member appointed by each member of the Board of County Commissioners in office at the time of appointment of the Task Force. 1 member shall be selected by the Mayor or his/her designee, 4 members shall be selected by each of the 4 largest cities in Miami-Dade County, and 3 members shall be selected by the League of Cities to represent smaller cities in Miami-Dade County. County Commissioners may not serve on a Charter Review Task Force. The Chairperson of the Charter Review Task Force shall be selected by the Chairperson of the Board. The Charter Review Task Force shall reflect racial, ethnic, and gender balance and diversity. The Charter Review Task Force shall recommend to the Board of County Commissioners any amendments to the Charter the Task Force determines are necessary. The Task Force shall file its written recommendations with the Clerk of the Board, which shall place same on the agenda of the next regularly scheduled meeting of the Board without the need for committee review. At such time, the Board shall consider the Task Force recommendations and the Board shall place on the ballot any proposals approved by a two-thirds vote of the Charter Review Task Force members in the manner provided for in the last 2 sentences of Section 9.07(B).<< [[The]] >>Any proposal<< [[proposed revision]] >>that is approved by a simple majority vote of the Charter Review Task Force members present<< shall then be presented to the Board for review, modification and approval[[. If the Board]] >>and if<< approve[[s]]>>d<< [[such proposed revision, either with or without modification, it]] shall >>be<< present>>ed<< [[such proposed revision]] to the electorate in accordance with the provisions of Section 9.07(C)[[ and (D)]]. Simultaneous elections may be held on [[a]]>>such<< proposed revision>>s<< and on >>any<< [[individual]] amendments that >>the Board may<<[[are]] propose[[d]]>>pursuant to Section 9.07(C)<<.>> The result of all elections on any proposed amendment or revision shall be determined by a majority of electors voting on the amendment or revision.<<
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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