Miami-Dade Legislative Item
File Number: 151495
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File Number: 151495 File Type: Resolution Status: Adopted
Version: 0 Reference: R-128-16 Control: Board of County Commissioners
File Name: COUNTYWIDE SPECIAL ELECTION MDC AMEND THE CHARTER Introduced: 6/23/2015
Requester: NONE Cost: Final Action: 2/2/2016
Agenda Date: 2/2/2016 Agenda Item Number: 11A1
Notes: X-REF. WITH 151565 Title: RESOLUTION CALLING A COUNTYWIDE SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA, TO BE HELD IN CONJUNCTION WITH A GENERAL ELECTION ON TUESDAY, NOVEMBER 8, 2016, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF MIAMI-DADE COUNTY THE QUESTION OF WHETHER TO AMEND THE CHARTER TO ALLOW THE BOARD OF COUNTY COMMISSIONERS TO PROVIDE, BY ORDINANCE, THAT THE GOVERNING BODY OF A SPECIAL PURPOSE DISTRICT LOCATED ENTIRELY WITHIN THE BOUNDARIES OF A MUNICIPALITY BE THE GOVERNING BODY OF THE MUNICIPALITY RATHER THAN THE BOARD OF COUNTY COMMISSIONERS AS IS CURRENTLY REQUIRED BY THE CHARTER (SEE AGENDA ITEM NO. 7A)
Indexes: MUNICIPAL ELECTIONS
Sponsors: Esteban L. Bovo, Jr., Prime 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 2/2/2016 11A1 Adopted P

Board of County Commissioners 1/20/2016 11A4 Deferred 2/2/2016 P

Board of County Commissioners 10/6/2015 11A4 Deferred P
REPORT: At the request of the prime sponsor, the Board deferred the foregoing proposed resolution to the January 2016 Board of County Commissioners' meeting.

Office of the Chairperson 10/1/2015 Deferrals
REPORT: The Prime Sponsor requested deferral of this item to January, 2016 BCC meeting.

Metropolitan Services Committee 8/26/2015 2B Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Gerald Sanchez read the title of the foregoing proposed resolution into the record. Hearing no questions or comments, the Committee proceeded to vote on the foregoing proposed resolution, as presented. Assistant County Attorney Oren Rosenthal advised that in order to comply with the requirement that six town hall meetings be held prior to consideration of the item by the County Commission, the sponsoring commissioner requested that the hearing before the full Board be scheduled in January 2016. Chairwoman Jordan indicated that she would prepare a memorandum requesting that the BCC Chairman schedule the hearing for this item before the full Board in January 2016.

County Attorney 6/23/2015 Assigned Jorge Martinez-Esteve 7/28/2015

County Attorney 6/23/2015 Referred Metropolitan Services Committee 8/26/2015

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 8, 2016, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF MIAMI-DADE COUNTY THE QUESTION OF WHETHER TO AMEND THE CHARTER TO ALLOW THE BOARD OF COUNTY COMMISSIONERS TO PROVIDE, BY ORDINANCE, THAT THE GOVERNING BODY OF A SPECIAL PURPOSE DISTRICT LOCATED ENTIRELY WITHIN THE BOUNDARIES OF A MUNICIPALITY BE THE GOVERNING BODY OF THE MUNICIPALITY RATHER THAN THE BOARD OF COUNTY COMMISSIONERS AS IS CURRENTLY REQUIRED BY THE CHARTER

BODY
WHEREAS, Section 1.01(A)(11) of the Miami-Dade County Home Rule Charter (�Charter�) currently provides that this Board �shall be the governing board� of all special purpose districts (also known as special taxing districts) within Miami-Dade County; and
WHEREAS, these special taxing districts are created pursuant to Chapter 18 of the Miami-Dade County Code of Ordinances, and provide services including street lighting, security services, maintenance and other services which provide a special benefit to properties located within the district; and
WHEREAS, in other counties, municipalities are permitted by Florida law to establish special taxing districts located within their municipal boundaries; and
WHEREAS, this Board, and County staff, are currently responsible for the management and operation of over 1,000 active special taxing districts; and
WHEREAS, amending the Charter would allow this Board to authorize municipal governing boards to serve as the governing boards of special taxing districts located entirely within their respective municipal limits; and
WHEREAS, amending section 1.01(A)(11) of the Charter to allow municipal governing boards to govern special taxing districts located entirely within municipal boundaries would alleviate the administrative burden on the County while also allowing greater municipal input on the operation of these special taxing districts; and
WHEREAS, this greater municipal input would include allowing the municipal governing boards to determine the appropriate annual rates to be assessed within these special taxing districts,
NOW, THEREFORE, 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 in conjunction with a General Election on Tuesday, November 8, 2016, 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 CONTROL OF SPECIAL PURPOSE DISTRICTS IN MUNICIPALITIES

SHALL THE CHARTER BE AMENDED TO ALLOW THE BOARD OF COUNTY COMMISSIONERS TO PROVIDE, BY ORDINANCE, THAT THE GOVERNING BODY OF ANY SPECIAL PURPOSE DISTRICT LOCATED ENTIRELY WITHIN THE BOUNDARIES OF A MUNICIPALITY BE THE GOVERNING BODY OF THE MUNICIPALITY RATHER THAN THE BOARD OF COUNTY COMMISSIONERS AS IS CURRENTLY REQUIRED BY THE CHARTER?

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.



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