Miami-Dade Legislative Item
File Number: 140307
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File Number: 140307 File Type: Resolution Status: Failed
Version: 0 Reference: Control: County Commission
File Name: CONSTITUTIONAL PROPERTY APPRAISER Introduced: 2/6/2014
Requester: NONE Cost: Final Action:
Agenda Date: 5/6/2014 Agenda Item Number: 11A5
Notes: Title: RESOLUTION CALLING A COUNTYWIDE SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA, TO BE HELD IN CONJUNCTION WITH A GENERAL ELECTION ON TUESDAY, NOVEMBER 4, 2014, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF MIAMI-DADE COUNTY THE QUESTION OF WHETHER TO AMEND THE CHARTER TO PROVIDE THAT THE OFFICE OF THE PROPERTY APPRAISER BE CHANGED FROM AN OFFICE ESTABLISHED AND EXISTING UNDER THE HOME RULE CHARTER AND COUNTY CODE TO AN OFFICE ESTABLISHED PURSUANT TO AND UNDER THE FLORIDA CONSTITUTION, INDEPENDENT FROM COUNTY GOVERNMENT EXCEPT TO THE EXTENT PROVIDED IN THE FLORIDA CONSTITUTION AND STATE LAWS
Indexes: PROPERTY APPRAISER
Sponsors: Esteban L. Bovo, Jr., Prime Sponsor
  Lynda Bell, Co-Sponsor
  Juan C. Zapata, 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 5/6/2014 11A5 Motion to adopt as amended failed
REPORT: Assistant County Attorney Oren Rosenthal explained that the proposed amendment would amend the wording in the ballot and in the actual Charter amendment itself as follows: 1. to insert on handwritten page 4, second line, the word “elected” before the word “office;” 2. to add at the end of the ballot question, the words “and shall be elected on a non-partisan basis by majority vote;” 3. to insert on handwritten page 8, line 8 of paragraph D, the words “except that the Property Appraisal shall be elected on a non-partisan basis by a majority of the qualified electors voting at an election held at the time of the state primary election within Miami-Dade County, with a runoff election if needed at the time of the state general election rather than the method set forth in the Florida Constitution State law; and 4. to add at the end of the next sentence the words “as set forth herein.”

Board of County Commissioners 4/8/2014 11A5 Deferred 5/6/2014 P

Office of the Chairperson 4/7/2014 Deferrals
REPORT: The Prime Sponsor requested deferral of this item to the May 6, 2014 BCC meeting.

Economic Development & Port Miami Committee 3/13/2014 2A Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Monica Maldonado read the foregoing proposed resolution into the record. Chair Bell noted this was not a public hearing, however due to the new rules she would allow anyone to come forward to speak on the foregoing resolution at this time. Commissioner Bovo urged Committee members to support the foregoing proposed resolution. Commissioner Diaz expressed concern and inquired about the intent of the foregoing proposed resolution. Commissioner Jordan inquired whether Committee members would support moving this resolution forward without a recommendation. She pointed out there had been much confusion regarding the role of the Property Appraiser, and this resolution clarified that. Commissioner Jordan expressed her concern about subsequent resolutions regarding the Sheriff and the Elections Supervisor positions, noting that Miami-Dade County was a diverse community and election of certain positions would not yield an accurate representation of the community. In an effort to keep the diversity some positions needed to be appointed by Administration or the Mayor. Chair Bell concurred with Commissioner Jordan’s comments and noted she was in support of the foregoing proposed resolution. Hearing no further comments or questions, the Committee proceeded to vote.

County Attorney 2/6/2014 Referred Economic Development & Port Miami Committee

County Attorney 2/6/2014 Assigned Oren Rosenthal 2/7/2014

Legislative Text


TITLE
RESOLUTION CALLING A COUNTYWIDE SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA, TO BE HELD IN CONJUNCTION WITH A GENERAL ELECTION ON TUESDAY, NOVEMBER 4, 2014, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF MIAMI-DADE COUNTY THE QUESTION OF WHETHER TO AMEND THE CHARTER TO PROVIDE THAT THE OFFICE OF THE PROPERTY APPRAISER BE CHANGED FROM AN OFFICE ESTABLISHED AND EXISTING UNDER THE HOME RULE CHARTER AND COUNTY CODE TO AN OFFICE ESTABLISHED PURSUANT TO AND UNDER THE FLORIDA CONSTITUTION, INDEPENDENT FROM COUNTY GOVERNMENT EXCEPT TO THE EXTENT PROVIDED IN THE FLORIDA CONSTITUTION AND STATE LAWS

BODY
WHEREAS, The Board of County Commissioners pursuant to Section 9.07 of the Miami-Dade County Home Rule Charter desires to place the attached Charter amendment before the electors of Miami-Dade County on the November 4, 2014 General Election ballot,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that:
Section 1. A countywide special election is hereby called and shall be held in Miami-Dade County, Florida in conjunction with a General Election on Tuesday, November 4, 2014, 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 ON INDEPENDENT PROPERTY APPRAISER

SHALL THE CHARTER BE AMENDED, COMMENCING JANUARY 1, 2017, TO PROVIDE THAT THE OFFICE OF THE PROPERTY APPRAISER BE CHANGED FROM AN OFFICE ESTABLISHED AND EXISTING UNDER THE HOME RULE CHARTER AND COUNTY CODE TO AN OFFICE ESTABLISHED PURSUANT TO AND UNDER THE FLORIDA CONSTITUTION, INDEPENDENT FROM COUNTY GOVERNMENT EXCEPT TO THE EXTENT PROVIDED IN THE FLORIDA CONSTITUTION AND STATE LAWS?

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 51

ADMINISTRATIVE ORGANIZATION AND PROCEDURE
___________________________________________________


SECTION 5.04. ASSESSMENT AND COLLECTION OF TAXES.

[[A. Commencing with the general election to be held in November 2008 and every four years thereafter, the Miami-Dade County Property Appraiser shall be elected on a nonpartisan basis, by a majority of the qualified electors voting at a county-wide election held within Miami-Dade County, Florida.]]

[[B]]>>A<<. Beginning with the tax year 1961, the county tax rolls prepared by the county shall be the only legal tax rolls in this county for the assessment and collection of county and municipal taxes. Thereafter no municipality shall have an assessor or prepare an ad valorem tax roll. Each municipality shall continue to have the right to adopt its own budget, fix its own millage, and levy its own taxes. Each municipality shall certify its levies to the County not later than 30 days after the county tax rolls have been finally approved by the Board. Any municipality may obtain a copy of this tax roll upon payment of the cost of preparing such a copy, and copies of the tax rolls shall be available for public inspection at reasonable times. Maps showing the assessed valuation of each parcel of property may be prepared and made available for sale to the public at a reasonable price.

[[C]]>>B<<. All county and municipal taxes for the tax year beginning January 1, 1961, and all subsequent tax years, shall be collected by the county on one bill prepared and sent out by the county. The amounts of county and municipal taxes shall be shown as separate items, and maybe paid separately.

[[D]]>>C<<. Delinquent municipal taxes shall be collected in the same manner as delinquent county taxes.

[[E]]>>D<<. All the tax revenues collected for any municipality shall be returned monthly by the county to the municipality.

* * *


ARTICLE 8

INITIATIVE, REFERENDUM, AND RECALL


* * *


SECTION 8.02. RECALL.

Any member of the Board of County Commissioners[[,]] >>or<< the Mayor[[, or the Property Appraiser]] 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:

* * *


ARTICLE 9

GENERAL PROVISIONS
___________________________________________________



SECTION 9.01. ABOLITION OF CERTAIN OFFICES AND TRANSFER OF FUNCTIONS.

A. On May 1, 1958, the following offices are hereby abolished and the powers and functions of such offices are hereby transferred to the Mayor, who shall assume all the duties and functions of these offices required under the Constitution and general laws of this state: County Tax Collector, County Surveyor, County Purchasing Agent, and County Supervisor of Registration. The Mayor may delegate to a suitable person or persons the powers and functions of such offices.

B. In the event that other elective officers are abolished by the Board, the Board shall provide that any person duly elected to such office shall if he so desires remain in the same or similar position and receive the same salary for the remainder of the term for which he was elected, and shall provide for the continuation of all duties and functions of these offices required under the Constitution and general laws.

C. On November 9, 1966, the Office of Sheriff is hereby abolished and the powers and functions of such office are hereby transferred to the Mayor, who shall assume all the duties and functions of this office required under the Constitution and general laws of this state. The Mayor may delegate to a suitable person or persons the powers and functions of such office.

>>D. Commencing January 1, 2017, the charter office of Property Appraiser formerly created under this Charter is hereby abolished and the functions and duties of the charter office of Property Appraiser are transferred to the property appraiser as a county officer under Article VIII, Section 1(d) of the Florida Constitution and such office is hereby reestablished under Article VIII, Section 1(d) of the Constitution of the State of Florida. After such time, the Property Appraiser shall not be governed by the County Code but shall instead be governed by the Constitution and law of the State of Florida. The Property Appraiser serving the term commencing January 1, 2017 shall be elected in 2016 in accordance with state law.<<

1 Words 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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