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 INCLUDE THE RIGHT TO COPY COUNTY AND MUNICIPAL PUBLIC RECORDS WITHIN THE CITIZENS� BILL OF RIGHTS

BODY
WHEREAS, the Citizens� Bill of Rights contained in the Miami-Dade County Home Rule Charter was enacted �to provide the public with full and accurate information, to promote efficient administrative management, to make government more accountable, and to insure to all persons fair and equitable treatment;� and
WHEREAS, the Citizens� Bill of Rights currently requires only for the inspection of County and Municipal public records and does not afford a right to obtain copies of such public records; and
WHEREAS, the State of Florida public records laws provides for both the right to inspect and copy public records but is enforced solely through criminal or private rights of action; and
WHEREAS, the Citizens� Bill of Rights may be enforced either through a private right of action or a complaint made to the Commission on Ethics and Public Trust; and
WHEREAS, enforcement of the public records laws through the Commission on Ethics and the Public Trust may provide a less expensive, and therefor more readily available, remedy then seeking to enforce rights through private litigation; and
WHEREAS, amending the Citizen�s Bill of Rights to include the right to copy public records consistent with the State of Florida�s public records laws will afford private individuals the ability to enforce such laws through the Commission on Ethics and the Public Trust; and
WHEREAS, this Board believes that the availability of both inspection and copying of public records is central to providing the public with full and accurate information and making government more accountable and desires to provide an additional avenue for resolving any potential violation by amending the Miami-Dade County Home Rule Charter for such purpose,
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 INCLUDING RIGHT TO COPY PUBLIC RECORDS IN THE CITIZENS� BILL OF RIGHTS

THE PUBLIC RECORDS PROVISION OF THE CHARTER�S CITIZENS� BILL OF RIGHTS, ENFORCED BY BOTH PRIVATE ACTION AND THE COMMISSION ON ETHICS AND THE PUBLIC TRUST, CURRENTLY REQUIRES PUBLIC RECORDS OF THE COUNTY AND THE MUNICIPALITIES BE OPEN TO THE PUBLIC ONLY FOR INSPECTION. SHALL THIS PROVISION BE AMENDED TO ALSO REQUIRE THAT SUCH RECORDS BE AVAILABLE FOR COPYING BY THE PUBLIC IN A MANNER CONSISTENT WITH STATE PUBLIC RECORDS LAW?

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

CITIZENS' BILL OF RIGHTS 1
___________________________________________________


CITIZENS' BILL OF RIGHTS

(A). This government has been created to protect the governed, not the governing. In order to provide the public with full and accurate information, to promote efficient administrative management, to make government more accountable, and to insure to all persons fair and equitable treatment, the following rights are guaranteed:


* * *

3. Public Records. All audits, reports, minutes, documents and other public records of the County and the municipalities and their boards, agencies, departments and authorities shall be open for inspection >>and copying, consistent with the requirements of the State of Florida�s public records laws,<< at reasonable times and places convenient to the public.

* * *

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.