Miami-Dade Legislative Item
File Number: 132008
Printable PDF Format Download Adobe Reader  Clerk's Official Copy   

File Number: 132008 File Type: Resolution Status: Adopted
Version: 0 Reference: R-863-13 Control: Board of County Commissioners
File Name: OPPOSE BILLS AFFECTING HOME RULE CHARTER/PREEMPT HOME RULE Introduced: 10/10/2013
Requester: NONE Cost: Final Action: 10/22/2013
Agenda Date: 10/22/2013 Agenda Item Number: 11A6
Notes: Title: RESOLUTION OPPOSING ANY BILL OR JOINT RESOLUTION FILED FOR CONSIDERATION BY THE FLORIDA LEGISLATURE THAT WOULD ADVERSELY AFFECT THE MIAMI-DADE COUNTY HOME RULE CHARTER OR PREEMPT LOCAL HOME RULE; IDENTIFYING THIS ISSUE AS A CRITICAL COUNTY PRIORITY FOR THE 2014 SESSION
Indexes: OPPOSING
Sponsors: Rebeca Sosa, Prime Sponsor
  Lynda Bell, Co-Sponsor
  Esteban L. Bovo, Jr., Co-Sponsor
  Audrey M. Edmonson, Co-Sponsor
  Sally A. Heyman, 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 10/22/2013 11A6 Adopted P
REPORT: Hearing no questions or comments, the Commission proceeded to vote on the foregoing proposed resolution as presented.

County Attorney 10/10/2013 Assigned Jess M. McCarty 10/11/2013

Legislative Text


TITLE
RESOLUTION OPPOSING ANY BILL OR JOINT RESOLUTION FILED FOR CONSIDERATION BY THE FLORIDA LEGISLATURE THAT WOULD ADVERSELY AFFECT THE MIAMI-DADE COUNTY HOME RULE CHARTER OR PREEMPT LOCAL HOME RULE; IDENTIFYING THIS ISSUE AS A CRITICAL COUNTY PRIORITY FOR THE 2014 SESSION

BODY

WHEREAS, home rule is the right to determine and implement public policy at the local level; and
WHEREAS, home rule is based on the belief that the government closest to the people is the one that governs best to serve the needs and requirements of the community; and
WHEREAS, on November 6, 1956, Florida voters adopted the Miami-Dade County Home Rule Amendment to the Florida Constitution granting the voters of Miami-Dade County the power to enact the first Home Rule Charter in Florida; and
WHEREAS, on May 21, 1957, the voters of Miami-Dade County adopted the Miami Dade County Home Rule Charter pursuant to the Miami-Dade County Home Rule Amendment; and
WHEREAS, Article VIII, section 6 of the 1968 Florida Constitution preserved the Miami-Dade County Home Rule Amendment and Miami-Dade County Home Rule Charter and any subsequent amendments to the Charter adopted by the electors of Miami-Dade County; and
WHEREAS, in 1968, Florida voters granted local voters the authority to adopt charters in other Florida counties and currently there are 20 charter counties in Florida; and
WHEREAS, distinct from other charter county governments in Florida, however, Miami-Dade County is granted broad and unique powers of self governance that far surpass any other county in Florida; and
WHEREAS, for example, while the Florida Legislature generally has the authority to enact special laws applicable to a particular county, the Miami-Dade County Home Rule Amendment prohibits the Legislature from enacting any special law applicable only to Miami-Dade County or any general law in which Miami-Dade County is the only county within the purview of the law; and
WHEREAS, each year, bills and joint resolutions are filed that would adversely affect the Miami Dade County Home Rule Charter or preempt local home rule; and
WHEREAS, in recent years, joint resolutions have been filed that would amend the Miami-Dade County Home Rule Amendment to the Florida Constitution authorizing revisions to the Miami Dade County Home Rule Charter by a special law passed by the Legislature; and
WHEREAS, bills have been filed in recent years that would preempt local regulation and policy in a wide range of areas, including but not limited to construction cranes, environmental protection, living and responsible wages, local preference, pain management clinics, pit bulls and wage theft; and
WHEREAS, preserving the Miami Dade County Home Rule Charter and maintaining local home rule is of the utmost importance to allowing Miami-Dade County to develop and implement community-based solutions to local problems; and
WHEREAS, this Board strongly opposes any legislation that would adversely affect the Miami Dade County Home Rule Charter or preempt local home rule,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:
Section 1. Opposes any bill or joint resolution filed for consideration by the Florida legislature that would adversely affect the Miami-Dade County Home Rule Charter or preempt local home rule.
Section 2. Identifies the issue set forth in section 1 above as a critical County priority for the 2014 state legislative session.
Section 3. Directs the Clerk of this Board to send a certified copy of this resolution to the Governor, Senate President, House Speaker and the Chair and Members of the Miami-Dade State Legislative Delegation.
Section 4. Directs the County's state lobbyists to oppose any legislation that adversely affects the Miami-Dade County constitutional Home Rule Charter and preempts local Home Rule as set forth in section 1 above, and authorizes and directs the Office of Intergovernmental Affairs to include this item as a critical County priority in the 2014 State Legislative Package when it is presented to the Board.



Home  |   Agendas  |   Minutes  |   Legislative Search  |   Lobbyist Registration  |   Legislative Reports
2014 BCC Meeting Calendar  |   Miami-Dade County Code of Ordinances   |   ADA Notice  |  

Home  |  Using Our Site  |  About Phone Directory  |  Privacy  |  Disclaimer

E-mail your comments, questions and suggestions to Webmaster  

Web Site 2014 Miami-Dade County.
All rights reserved.