HomeMy WebLinkAboutR-88-0177J-88-190
2/25/88
RESOLUTION NO. 86-17 .
A RESOLUTION EXPRESSING THE DESIRE OF THE
MIAMI CITY COMMISSION THAT THE DADE COUNTY
COMMISSION NOT ATTEMPT TO PLACE THE QUESTION
OF PROPOSED DADE COUNTY CHARTER REVISIONS ON
THE MARCH 8, 1988 BALLOT IN ITS PRESENT FORM
AND TO ONLY ATTEMPT FUTURE PLACEMENT AFTER
GIVING THE PUBLIC AN OPPORTUNITY FOR FULL
CONSIDERATION OF THE ISSUES INVOLVED IN SAID
REVISION; FURTHER DIRECTING THE CITY CLERK TO
FORWARD COPIES OF THIS RESOLUTION TO THE
HEREIN NAMED OFFICIALS.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI.
FLORIDA:
Section 1. It is the desire of the Miami City Commission
that the Dade County Commission not attempt to place the question
of proposed Dade County Charter Revisions on the March 8, 1988
ballot in its present form and to only attempt future placement
after giving the public an opportunity for full consideration of
the issues involved in said revision.
Section 2. The City Clerk is hereby directed to forward
copies of this resolution to Metropolitan Dade County Mayor
Stephen P. Clark and all members of the Dade County Board of
County Commissioners.
PASSED AND ADOPTED this 25th day of Feb
_ l
XAVIER L.
ATTE :
MATTY HIRAI
CITY CLERK
1
APPROVED AS TO F AND CORRECTNESS:
LUCIA A.
CITY ATZ
RFC:bss:M633
, 1988.
Z, MA
CITY COMMISSION
MEETING OF
FEB 25 1988
)N No. 815-177.
r
04
UJ
MATTY HIRAI
City Clerk
CrftLS of �t itti
��0 f�OPi
March 4, 1988
CESAR H. ODIO
City ManAger
Mr. Ray Reed
Clerk of the Board of County Commissioners
Suite 210, Metro Dade Center
111 N.W. 1 Street
Miami, Florida 33128
RE: PROPOSED DADE COUNTY CHARTER REVISIONS
Dear Mr. Reed:
Enclosed herein please find a copy of Resolution No. 88-177,
which was passed and adopted by the City of Miami Commission at
its meeting held on February 25, 1988, which is self-explanatory.
Please distribute one copy of said resolution to the members of
the County Commission.
Thank you for your continued cooperation. If you have any
questions, please do not hesitate to call.
Very truly yours,
C��y .0-MAIR-0/
Matty Hirai
City Clerk
MH:vg
ENC: a/s
9M - 17 7
OFFICE OF THE CITY CLERK/City Hall/350D Pan American Drive/P.O.Box 330708/Miami, Florida 33233-0708/(305)579-MS
W
■
d CITY OF MIAM1. FLORIDA
INTER -OFFICE MEMORANDUM
-o
Honorable ftyor and Members
of the Clit Commission
`ROM Lucid A. Dougher
City Attorney
:arE
February 12, 1988 'LE
iUBJEC'
Proposed County Charter
Revision
z"ERENCES
_NCLOSURES (2)
A copy of our opinion finding that it is legal for the City
to expend funds to promote or oppose the County Charter Revision
is attached for your reference.
For your information, the Complaint in the case of Dexter
T•p�'�,. +,.,.i :: ; vs metropolitan Dade County. Florida (Case No. 88-05251)
which was filed February 5, 1988 has been reproduced and is
attached. As of this date, no other pleadings appear in the
Court record.
LAD/RFC/bss/P508
co: Cesar H. Odic, City Manager
88-IL 7'7
98-1'7S
1
r
t CITY OF MIAMI. FLORIDA
-o Cesar Odio
City �li�nager
=aoM Lucia' -A. ugherty
City Attorney
INTER -OFFICE MEMORANDUM
DATE February 12, 198E°'LE. MIA-88-008
SUBJECT Use of City Funds to Promote/
Oppose County Charter Revision
REFERENCES:
ENCLOSURES
This is in response to your recent request in which you
asked substantially the following question:
MAY THE CITY OF MIAMI EXPEND PUBLIC FUNDS TO
DISSEMINATE INFORMATIONAL LITERATURE AND
MATERIALS TO CITY CITIZENS IN SUPPORT OF OR
IN OPPOSITION TO PROPOSED DADE COUNTY CHARTER
REVISION WHICH AFFECTS AND INVOLVES THE
INTERESTS OF THE CITY?
The answer to this question is in the affirmative.
I have found three Attorney General Opinions ("AGO") which
have addressed this question and am enclosing those AGOs with
this memorandum. AGO 74-113 recognizing the home rule powers of
municipalities, concluded that the legislative body of a
municipality could expend municipal funds for newspaper
advertisements in support of or in opposition to the repeal of a
county utilities tax, which tax the municipal legislature
determined affected the interests of the municipality and its
citizens. Similarly, AGO 74-227 concluded that municipal funds
may be used to support or to oppose -the issue of annexation as
such issue was a question of municipal and citizen interest.
AGO 78-41 stated that a municipality may expend funds to support
a bond issue to raise monies to acquire and develop municipal
parks. Section 2(b) of Article-VIII of the Florida Constitution
of 1968 gives municipalities the authority to "exercise any power
for municipal purposes except as otherwise provided by law."
Section 166.021(1), Florida Statutes, also authorizes a
municipality to exercise any power for municipal purposes "except
where expressly prohibited by law."
My research has found no Florida Statute or court decision
invalidating the use of municipal funds to disseminate
information to voters in support of, or in opposition to, a
proposed amendment or revision of the charter in which a
municipality is located.
88-1' 7
88-17h
e)
0
Cesar H. Odio February 12, 1988
City Manager Page 2
Voter education and information is clearly a valid municipal
purpose. "A municipal purpose may now comprehend all activities
essential to the health, morals, protection, and welfare of the
municipality". State ex rel. Harper v. McDavid, 145 Fla. 605,
200 So. 100, 102 ( ). The City may properly expend funds for
these objectives.
In addition, since the City of Miami is not a "person" or
"political committee" within the meaning of the State Campaign
Financing Law, Chapter 106, Florida Statutes, no registration is
required for the City to disseminate voter information. Section
106.011(1), Florida Statutes (1987), defines "political
committee" as:
. . a combination of two or more
individuals, or a person other than an
individual, the primary or incidental purpose
of which is to support or oppose any
candidate, issue, or political party, which
accepts contributions or makes expenditures
during a calendar year in an aggregate amount
in excess of $500.00.
but does not specifically include a municipality.
A municipality is not included within the definition of
"Person" in 5106.011(8), Florida Statutes (1987) The Supreme
Court of Florida, in State v. Peninsular Telephone Com an , 73
Fla. 913, 75 So. 201 ), held that a city was not a person
or corporation" within the meaning and. intent of a statute. See
also, City of St. _Petersburg v. Carter, 39 So.2d 804 (Fla. 19417.
Therefore, until legislative action or judicial decision
specifically includes a municipality within the definition of
political committee or person for the purposes of Florida
Campaign Financing Law, the City is not required to register
prior to the expenditure of any funds promoting or opposing the
subject Charter Revision.
PREPARED BY:
/e ,::4a,a z.
ROBERT F. CLARK
Chief Deputy City Attorney
LAD/RFC/wpc/ebg/M053
88-t 77
88-1'7N.
074.113 ANNUAL REPORT OF THE ATTORNEY GENERAL
AN
074.113—April 10, 1974
welfare. for the
ELECTIONS
the C•onstitutior
ADVERTISEMEVTS BY MUNICIPALITIES A'sD POLITICAL
Accord Hayes v. Cit-
787. 795 (Mich. 194'
ACTION GROUPS —REGISTRATION AS POLITICAL COMMITTEE
League were proper
OR COMMITTEE OF COYPiNUOUS EXISTENCE
for a municipal purl
To: Richard Gerstein. State Attorney. Miami ±
Obviously. rvw
Prepared 6p: Michael Parrish. Assistant Attorney General
legislative. sub
QUESTIONS:vid
shgtorminanouulld
1. May a municipality expend municipal funds to purchase newspaper
right w comp,
incurred on b
advertisements in support of. or in opposition to. the repeal of a county
utilities tax involves
question.
which affects and the interests of the municipality ;
and its citizens? ,
Under Art. VIII.
2. Must a municipality which purchases a newspaper advertisement in
exercise any POW
of. or in opposition to. an issue to be voted on in an election
Section 166.021(
q=ir as a political committee?
May a political action organization purchase a newspaper
advertisement in support of. or in opposition to. an issue to be i
munitapalities may
prohibited law
in an election without ply vootedon
4. May an o � as •political committee? 1
rganization has been
the
funds for the purr
function is uldmatt
whi� certified as a committee of
continuous existence p archass a newspaper advertisement in support of.
le¢islative detentu:
City of St. Augustit
or in opposition toan irate to be voted on in an election without
(Ariz.1946). in halt.
rs glet as a political committee?
a municipal purpos
SUMMARY:
No hard and f.
A municipality may expend municipal funds to purchase newspaper
zpsodi
c usttbbe c
adverdseas.nts in suppo rt of, or in opposition to. the repeal of a county
utilities tax which =em and involves the interests
to the degree
of the municipality
and its eititaaa.
A municipal corporation is neither a "person" nor a "corporation"
See also State er
t
a "political committee" within the purview of Ch. 73.1211. Laws of Floridoa..
A action does
political organization which not receive contributions or
make expenditures in excess of five hundred dollars during a calendar
MW time was
such entarpn:
year and does not anticipate such contributions or expenditures may
much expanc
purchase a newspaper advertisement in support of or in opposition to an
taunttal to t►
issue without registering as a Political committee. but must file the
statement required by 104.37F. S.
s�. and such advertisement must
in light of what
contain the information specified by s. 104.37(5). F. S.
An organization which has been by Department
that. unless and u:
certified the of State as
a committee of continuous existence must register as a political
1 should be answe
committee if it makes any expenditure in support of or in opposition to
an "Issue" (a proposition required by the State Constitution. Florida
AS TO QUFSnO
the
Statutes or other general law. a special act of the legislature. or a charter
of any political subdivision of this state to be submitted to
Nothing in the
the electors for
in Ch. 106. F. S.).
their approval or rejection at an electioni. ;
political activity
AS TO QUESTION 1:
included in the do
108A11(7). Cr do
No decision of a court of this state on this question has been found. However. courts
eseentuilly the sa
So. 201 (Fla. 1917
of other states have ruled in favor of the expenditure of municipal funds for similar
co tion" Witt.
purposes. In City Affairs Committee v. Board of Commissioners. 46 A.2d 425 I N.J. 1946).
v. Charter. 39 So
the court noted that "the power to take reasonable measures to conserve their own vital
AGO 071.75. that
interests is incidental to the general powers of local government conferred upon the
municipalities" and held that
Ordinarily, t
a municipality may lawfully publicize, at public expense. what its
purview of
where their +
governing body conceives to be sound reasons. relating to the essential local pp��r�� Ses 82 CJS
vv
178 Qcc77
►+�//�
�8-1!F
I
L
'FEE
we"per
i county
icipality
-ment in
election
wspaper
voted
nittee of
wirt of.
thout
•wspaper
a county
zicipality
:ion" nor
Florida.
udons or
calendar
ires may
:on to an
Me the
ant must
f State as
polltical
mdtion to
Florida
a chatter
-ctors for
,wever. courts
ds for similar
15 (N.J. 1946).
heir own vital
-red upon the
what its
uial local
ANNUAL REPORT OF THE ATTORNEY GENERAL 074.113
welfare. for the rejection by the people of the state of proposed amendments to
the Constitution.
Accord Haves v. City of Kalamazoo Michigan Municipal League, intervenors. 25 N.W.2d
.97. 795 (Mich. 1947)• holding that the legislative activities of the Michigan Municipal
League were proper and that the sum contributed annually by the city to the league was
for a municipal purpose. The court said:
Obvioualy. private corporations engaged in the operation of public utilities of
the character in question may present their view to the members of the
legislature. submitting facts and arguments legitimately tending to aid a proper
determination of such questions on their merits. Such being the case. ciaes and
villages should not be denied similar privileges. This necessarily implies the
right to compensate from public funds for services rendered and expenses
incurred on behalf of such municipalities in activities of the character in
question.
:: nder Art. ViII. s. 2(b), State Const•. the municipalities of this state are authorized to
"exercise any power for municipal purposes exceot as otherwise provided by law."
' Section 166.021(1), F. S.. as enacted by Ch. 73.129. Laws of Florida. provides that
municipalities may exercise any power for municipal purposes "except when expressly
+ prohibited by law." I know of no law prohibiting municipahtim from budgeting municipal
+ funds for the purpose here in question. The question of what is a public municipal
function is ultimately for judicial determination. although due weight will be given to the
legislative determination. West v. Town of Lake Placid. 120 So. 361(Fla. 1929): Miller v.
City of St. Augustine, 97 So2d 256 (Fla. 1957). In City of Glendale v. White. 195 P.2d 435
+Ariz. 1948). in holding that the payment of membership dues in a municipal league was
a municipal purpose, the court said that
No hard and fast rule can be laid down. for in determining whether a proposed
expenditure of public funds is valid as devoted to a "public use or purpose' each
case must be decided with reference to the object sought to be accomplished and
to the degree and manner in which that object affects the public welfare.
See also State es rel. Harper v. McDavid, 200 So. 100 (Fla. 1941), in which it was said
that
The time was when a municipal purpose was restricted to police protection or
such enterprises as were strictly governmentai but that concept has been very
much expanded and a municipal purpose may now comprehend all acticittes
essential to the health. Morals. protection, and uxlfare of the municipality.. .
In light of what appears to be the weight of authority in this country. I have the view
that. unless and until this question should be legislatively or judicially clarified, question
1 should be answered in the affirmative.
AS TO QUESTION 2:
Nothing in the new election law. Ch. 73.128. Laws of Florida (parts of which arefound
in Ch. 106. F. S.), is made specifically applicable to a municipality which engages in any
political activity regulated by those provisiods. Particularly. a municipality is not
included in the definition of "political comiructee" in s. 106.011(2). nor of "person" in s.
106.011(7). Ct definition of "ppeerson" in s. 1.01(3). F. S.. which is eubstantialiv and
essentially the same as s. 106.011(71. Further, in State v. Peninsular Telephone Co.. 75
So. 201 Ma. 1917). the Supreme Court of Florida held that a city was not a "person or
corporation" within the meaning and intent of a statute. Also see City of St. Petersburg
v. Charter. 39 So.2d 804 (Fla. 1949). This is in accord with the general rule. as noted in
AGO 071.75. that:
Ordinarily, the state and its agencies are nut to be considered as within the
purview of a statute unless intention to include them is cleariv manifest, as
where they are expressly named therein, or included by necessary implication.
See 82 C.d.S., Statutes, s. 317. p. 554.
l96-17'7.
179
x
074.113 ANNUAL REPORT OF THE ATTOR %EY GENERAL
Accordingly. I am of the mew that unless and unal this question should be legislatively
or judicially clarified. quesuon 2 should be answered in the negative.
AS TO QUESTION 3:
Section 106.011(2), supra, statm in pertinent part. that the term "political committee"
. means a combination of two or more individuals. or a person other than
an individual, the pnmary or incidental purpose of which is to support or
oppose any candidate, issuc or political party or principle and which accepts
contnbuttons or stakes expenditures dunng a calendar year in an ggnaate
amount in egress of fide hundred dollars Organizations which are detaermined
by the department of state to be committees of continuing existence . shall
not be considered political committees for the purposes of this chapter.
(Emphasis suppiied.l
Accordingly, the mere act of purchasing a newspaper advertisement in support of or
in opposition to an issue does not in and of itself bang an organization within the
definition of the term political committee. So long as such an organization does not expect
to. and does not in fact receive contributions or make expenditures in excess of five
hundred dollars during a calendar year. it is not required to register as a political
committee. notwithstaiading� the fact that it may have engaged in political aeuvity.
However. Pursuant 06.0& supra, if such an organization "anticipates" receiving
contributions or snaking expenditures in excess of five hundred dollars in a caletar year.
it must register as a political committee either within ten days of the date of its
organization or within ten days of the date on which it has information which causes it
to anticipate such contributiam or ez dianis.
Although an organization may. the circumstances discussed above, purchase a
aawspoper advertisement in support of or in opposition to an issue without having to
reamer as a political committee. it should be noted that such an organization would be
6j to the pravisiotu of s. 101.373, F. S.. which requtre the filing of a statement prior
to publication of such an advertisement: and to the provisions of s 104.37(5). F. S.. which
require all political advertisements or endorsements sponsored by "any group. club.
association. or other organisation except organizations affiliated with political parties
regulated by Chapter 103" to contain certain information. as specified in said s. 104.3 ).
AS TO QLTS ION 4:
Section 106.04(51. F. S" specifically provides. within respect to committees of
continuous existence. that
do such committee shall make expenditures in support of or to opposition to.
an Issue unless such committee first reguters as a political committee pursuant
to this chapter and undertakes all the practices and procedures required
thereof. i Emphasis supplied.1
The term "issue" is defined by s 106.011(6). supra; to mean
any proportion which is required by the state constitution. a general or
special t of the k act legislature. or the charter of any political subdivision of thus
state to be submitted to the electors for their approval or rejection at an
election.
Accordingly, question 4 is answered in the negative.
ISO
88-JL 7'7
98-178
ANNUAL WMC
074.114—April 10, 2974
FUNDS—EFFF
To: Robert Grafton, District Cc'
District, West Palm Beach
Prepared by Sydney If McKenzu
QUESTIONS:
1. May the Central ant
affecting a changeover fir,
October i.September 30. c
additional moneys equal
budget to carry it through
L In the event the ass"
Southern Florida Flood t
month budget for the ppeerrtrr
by advSeptembergt 7ttdopdc
SUMMARY:
pursuant to a. 373.b3`. F
Conrequirementi with
mulls melt the �t
(� 3�74)� W the ni
mandated by Ch. 73.34C is.
Your question 1 is answered i
affirmative.
Section 373.536. F. S.. provides
(31 On a date to be fired :
of each year the board shall F
or as the same may be amens:
notice shall set forth the ter
owners of property subject a
appearing in the notice. OPP
attorneys or agetus, to appeal
budget The notice be
newspappeer qualified to accept
in the diMcL the last loser.
more than three weeks prior
budget or if there be no such
by a. 50.021. '
Pursuant to Ch. 73349. Laws
Control District will be required
by September 30. 1974. although
AGO 073303. Thus. the district n
the period from the end of the pre
mandated fiscal year cOctober 1.
adequate funds are available for o
Since s. 373.536f3). F. S" mandL
special time schedule. it appears
followed for the transition penoc
074.227 ANNUAL REPORT OF THE ATTORNEY GENERAL
AN)
Section 239.64. F. S.. directs the Board of Regents of the Division of Universities of the
QUE MON:
Department of Education to
Kay the Qtf
. adopt and promulgate rules and regulations which it finds necessary,
convenient or advisable for the safety, welfare. and health of the studenta,
to ldrnisli info
to be voted up
faculty members, and all other persons. governing traffic on the grounds of each
institution of higher learning under its management....
S MMMT.*
,.
Section 239.%(21, id. vests the "municipal court of the adjacent municipality with
jurisdiction for the trial of all persons charged with violation of these Boars of �tegenta
aotae�*Met-
traffic � regulations when such charge is referred by the university to such
� ltl'
�tannd•
municipal • '
Adjacent municipality" is defined in s. 239.63(1)(b), id, as
at
mtteici
a municipality which is contiguous or adjacent to, or which contains
within its boundaries ail or part of the grounds at. a state institution of higher
commit&W in
the
hundred
learning: provided. however. if the grounds of a state institution of higher
fiveo
learning are not within or contiguous to a municipality. "adjacent
►nunittpality" shall mean the county seat of the county which contains within
ea�
its boundaries all or part of the grounds of a state institution of higher
Tie an t
learning. tEmphasis supplied.)
o
ups by �om■
' In the instant situation. Florida Technological University (F.T.U.) is "not within or
contiguous to any munici ality. the City of Orlando apparenndy being the municipality
in Orange County twhere F.T.U. is located) is
The of w
issue which aBew s
which geographically closest to F.T.U. Th"
the question arise as to whether the first or second part of the foregoing statutory
answered in the ad
definition of adjacent municipality is applicable here. since the word "adjacent." as
utilised in the first part. has been generally defined to mean "clone to" as well as
1pwwledre�'
taz. Sers�. as I rinds ,
•� " See Websteri New International Dictionary, p. 26. I do not reach such
-on here. however, since. for the purposes of this opinion. the City of Orlando is the
used for the purpol:
the questicin of the
adjacent municipality" under both the first part of the definitio the word
• "a t" to mean ' close to" —and the second part of the definition, since the City of
� � � � �°
ciCtxsns wither the
Orlando is also the county seat of Orange County. (It alight be noted that there may be
a municipality, other than the City of Orlando. which is geographically closer to F.T.U.,
I am advised the
committee to make "
but such municipality, the City of Oveido. is located in Seminole County. thereby
were appropriated:
presenting venue and jurisdictional problems if such municipality is determined to be the
citymay achie•
I. afnt municipality" for purposes of this opinion.)
'Chas�.
well as am
88 So.
with respect to your inquiry the municipal court of the City of Orlando has
Lurisdiction under s. 239.5&2). supra, for the trial of persons charms with violating the
eased of Regents traffic rules and regulations on the campus of F.T`.U., when such charge
of take)"
- 1N41 (Ole
Bowl parade storaE
is referred by F.T.U. to that municipal court.
Inpptthhepsn circumn
In AGO 013.132, it was concluded that. since the municipal court of Gainesville. the
it b a
adjacent municity to the Univemty of Florida. had been abolished pursuant to
revised Art. V. State Const.. the county court of Alachua County "succeeded" to the
as unlawful
It was ruled ale
jurisdiction of the GaineaviUe municipal court in this regard. See Art. V. ss.1 and 20(c)(4),
In instant
g "Political axm
g
id the sitwtion, the municipal court of the City of Orlando continua in
existence. Thus, that municipal court continues to have jurisdiction in this matter. (If the
m
made by a. 10LOW
resent statutory directives remain the &. the Orange County Court will likewise
succeed to the jurisdiction of the municipal court of the City of Orlando in this matter
Pt�
bwjntywWlo or disti
when such municipal court is abolished.)
committee in qua
10LOp11I(22)) deftes *
ry or in
or poLtial {sty."
074-227—Au;ust 5.1974
the gelation of am
the pre and cons
ELECTIONS
appal not to be
ggooa�t u extb
MUNICIPAL FUNDS MAY BE USED TO SUPPORT POSITION
directed to
ON A%VEXATION
providing for the a
within the purriei
To: John C. Chew. City Attorney, Daytona Beach ;
than five hundred
required to registe
Prepared by: Rebecca Bowles Hawkins. Assistant Attorney General p�
�t77 —17i
applicable to politi
368
98-178 .
� Ti
ANNUAL REPORT OF THE ATTORNEY GENERAL 074.227
vetsities of
QUESTION:
May the City of Daytona Breach donate funds to a citizens' committee
�eceasary,
to furnish information to the voters concerning an annexation question
students,
to be voted upon by the electorate?
do of each
SUMMARY:
a Witt
and
Municipal funds may be used to support or oppose the question of the
annexation of territory to the municipality, as this is a that
of
enity to cinch
matter affects
and involves the interests of the municipality and its citizens. The funds
be disbursed
may through a nonprofit cidume committee subject to
'
appropriste audit and review of the expenditures by the city clerr
"perwn." "co "political
Thno municipality is not a ration." or
F.
contains tic
committee" within the purview of Ch. 106. S.. of the Elections Code.
of higher
However. the citizens' committee. if it receives and disburses more than
)f higher
five hundred dollars in support of or in opposition to the issue. must
'adjacent tt
register as a political committee and comply with the other provisions of
u within
if higher
the code applicable to political committees.
There are no limitations upon the amount that may be spent by a
political committee in support of or in opposition to an issue to be voted
upon by the electorate.
.not within or
e muniap�ty '�"
The question of whether municipal funds may validly be used to support or oppose an
:o F.T.U. Thu%
issue which affects and involves the interests of the municipality and its citizens has been
oieffi tastahttory
fiutn
answered in the aative in AGO 074.113. ruling that a municipality may purchase
"a " u
newspaper advertisements in support of or in opposition to the repeal of a county utilities
to" as well et
tax. Here. as 1 undeestaad it. the money would be donated to a citizens' committee to be
.ot reads suds
aced for the purpose of informing the electorate so that they may vote intelligently on
Orlando is the
the question of the proposed annexation of the South Peninsula Zoning District. This
-U. the word
-eems to be an issue which affects and involves the interests of the municipality and its
•.a tlts City Of
citizens within the purview of that ruling.
t theta ma be -
I am advised that the city clerk is to audit and review the expenditures made by the
mat ser to F.hereby � t
committeesum are used f o p�ze for which they
a itlis instate
ty. thereby
appropriated: and settledthat opublic
pp p p body, such as a city or
-tined to be the
county. may achieve a public purpose through the medium of a nonprofit organization as
-
- Orlando
well as through expenditures made directly by the public body itself. See Raney v. City
Lakeland. 88 So.2d 148 (Fla. 1956) (public library►: Burton Dade County. So.2d
?f has
a violating the
of v. 166
445 (Fla. 1964) (planetarium). State v. City of Miami. 72 So.2d 655 (Fla. 1954) (Orange
en such charge
Bowl Parade storage building): and State v. Thursby, 150 So. 252 (Fla.1933) (county fair).
in I have
these circumstances,. the view that no objection may be made to the
ainesville, the
appropriation and disbursement of municipal Eunds here ih question on the ground that
putt to
}t is an unlawful expenditure of municipal funds.
_ :ems" W the
_ 1 and 20(cH4),
It was ruled also in AGO 074.113 that a municipality is not a "person." "corporation."
Ch. �3.128, Laws of Florida (Ch. 106.
or "political committee" within the purvie�yaf`
3 continues in
F. S.). Thus. the municipality would not be ct to the one thousand dollar limitation
mattes. (B the
made by s. 106.08(1Hel upon contribution. person or politiatl committee" to "any
wall likewim
piti committee inupof,rin oaeon to. an issue to be voted on in a
in this matter
countywide or district wide election" —even if it be aaauned, arguenda that the citizens'
-
committee in question is a political committee within the purview of Ch. 106. Section
106.011(2) defines political committee to mean a combination of individuals or person.
"the primary or incidental purpose of which is to support or oppose any candidate. issue
hoc
or political party." If the ad committee to question will neither oppose nor support
:he question of annexation and will merely advise the voters of the issues involved and
=
the pros and cons of annexation, without taking a stand one way or the other. it would
appear not to be a political committee within this definition. However. if the city
-
zovernment is either in favor of or opposed to annexation and the citizens' committee is
_ )'.Q
directed to urge the voters to approve or disapprove, as the case may be. the statute
-
providing for the annexation. then the citizen.' committee would be a political committee
within the purview of Ch. 106 (as it could certainly expect to receive and disburse more
than five hundred dollars in support of or in opposition to this issue) and would be
required to register as such under a. 106.03 and comply with the other provisions of law
applicable to political committees.
A8-:17'7
369
I
074-228 :ANNUAL REPORT OF THE ATTORNEY GENERAL
But even assuming that it is required to register as a "political committee" and comply
with the other requirements of Ch. 106. F. S.. the citizens' committee could still disburse
the ten thousand dollars appropriated for and disbursed to it by the city in support of or
in opposition to the proposed annexation. as Ch. 106 contains no limitations on the
amount that may be spent by a political committee in support of or in opposition to an
issue. as distinguished from a candidate fo: office. and the statute has been so interpreted
by the Division of Elections of the Department of State.
I have not overlooked subsection 0 of a. 106.08. F. S.. prohibiting a person from
making a contribution in support of or in opposition to an issue "through or in the name
olonother. directly or indirectly. in any primary or general election or in any election at
which an issue is presented to the electors for their approval or rejection." (Emphasis
supplied I However, as noted above. it has been previously ruled in AGO 074.113. supra,
that a muruapalicy is not a person within the purview of Ch. 73128. Laws of Florida (Ch.
106. F. S.I. thus. this provision could not be applied to prohibit the municipality's
contribution of funds to the citizens' committee to promote or oppose the issue in
question. even assuming that this will be done by the committee.
074.228—August 6. 1974
• ELECTIONS 9
FILLING OF VACANT JUDGESHIP OCCURRING AFTER. 1
CLOSE OF STATL"IORY QUALIFYING PERIOD
To: Reubin OD. Askew. Governor, TaUahatsee
Prepared by. Staff 1
= QUESTION:
, Lit possible for a successor to be elected in the nonpartisan Judicial
election on September 10.1974. for a term beginning on the first Tuesday
i and r the
whenait is�too late for ansuecce�r o got�y dt rang ,
the July 1974 statutory qualifying period. and. if so, what procedures I
should be followed for such an election?
SUMMARY:
Section I00.111(6). F. S. prescribing the procedure to be followed in
filling vacancies in nomination or election in any county, district. or state
ogee which occur after the close of the qualifying dates is applicable to
the election of successors to fill vacancies in judgeships which occur
under circumstances where it is too late for a suocessor to qualify during
the July 1974 statutory qualifying period.
The applicable provision of the Constitution for filling vacancies in judicial offices is s.
11fa1 of revised Art. V. reading as follows:
The governor shall fill each vacancy in Judicial office by appointing for a term
ending on the first Tuesday after the first Monday in January of the year
following the next primary and general election. one of not fewer than three
persons nominated by the appropriate judicial nominating commission. An
election shall be held to fill that judicial office for the term of the office
beginning at the ena of the appointed term....
The Florida Supreme Court has recently ruled in Spector v. Glisson (mandate entered
on August 2. 1974. with opinion to followi that an unconditional resignation from a
judicial office. even though prospective, creates a vacancy that must be filled at the next
nonpartisan judicial election that occurs after the resignation. (The question of whether
such resignations. to be effective, must be accepted by the governor was not necessary to
88-1 / 7
370 88-17n.
ANNUA
':,e decidedby the Supre
acancY with which the t
this opinion that the rest
Chapter f05• IF. Singm
procedure
provision for the calling
,iistrittt or countY office
"after the last date of fi:
candidate for nominatio:
revised Art. V. atepro. th
the time of the nonpari
judicial clarification. I l:
for holding special
occur after the clone of
vacancies in judicial off.
Prior to the adoptim
)pinion to Governor.
i nited States Senator f
eecuon. 50 that the 90'
,or the unexpired term
,ortyfive days prior to
office could have been
however, as it occurrec
hold a first and possibl
within the period show
and pomblY two prim:
placed on the general t
However. as noted a:
filling of a vacancy in r.
anYcL or
��:� Sectio
supra, as interpreted
elected successor to fu
nonpartisan jjudicial e:
January of 1117f1; and I
for filling vacancies it
should not be equ all -
nonpartisan judicial es
074-229—August 6. 1
ELIGIBi
To: Raymond J. Mot.
prepared by: J. Kena
QUES77ON:
V the Palm k
and. if so. wou
subWAY:
The Palm Be
and, if granted
status as a non -
valorem tau e1%
• .Y
07941 ANNUAL REPORT OF THE ATTORNEY GENERAL 3I
Florida's Government in the Sunshine Law. a. 2-86.011. F. S.. provides in pertinent part
the at
that:
coeesm
ii) All meetings of any board or commission ... of any agency or authority
AS TO QL:
of any county, municipal corporation or any political subdivision', .. at which
official acts are to be taken are declared to be public meetings open to the public
PWWMM
at all times ..
sn Wer
168 OZltll„
The test as to whether or not a particular board, commission. or committee falls within
t
the parameters of s. 286.011 has been yud►cially determined to be whether or not said
f t+ese►
board. cotnmispon, or committee is subject to the dom►nion and control of the
a
mes Publishing Co. v. Williams, 222 Sold 470 (2 D.C.A. Fla.. 19691; City of
LegislatureT
1� =
for lobby►t
Mianu Bea. Berns 245 So.2d 38 (Fla. 19711. The env►ronmenul protection committee
which eras blished by deed restriction in order to approve all lot drainage facilities
such an ex:
required by said deed restrictions is not a "board or comm.. of an agency or
dehero►►nat
Genarai 0.
authority of" the city involved. nor ►s :c a state or Iocai governmental agency, nor :s :t
I
connected with city or county government. nor does it serve :n an advisory capacity to
the City of Belle We. Cr Town of Palm Beach v. Grad►son. 296 So.2d 473 (Fla. 19741.
conclude
adverusew.
wherein the Florida Supreme Court held that a citizens' planning committee appointed
affects anti
and established by a municipal governing body to act in an advisory capacity to the town
227. in wr.
council was required to meet in the sunshine. Moreover. in AGO 074•22 it wee stated that
que on o•
the fact that a private nonprofit organization which was not a state or local governmental
the the Legislature received funds did not subject
tax tnteeet
concluding
agency or subject to control of public
such organization to the Sunshine Law.
county or.
Two city commissioners' and a city zoning board member's participation in the
ai doos tar
Acw dit
nongovernmental activities of the committee do not require in and of themselves that
committee meetings be conducted in accordance with s. 286.011. F. S. The Sunshine Law
of the mui:
applies to two or more members of a public board or commission or ad hoc boards or
view that '
committees established by governmental agencies where those members deal with some
AS TO QV
matter on which foreseeable official action will be taken. City of Miami Beach v. Berns.
#upteBoar of Public Instruction of Broward County v. Doran, 224 So.2d 693 (Fla. 1969);
Section
AGO
Your question is. therefore, answered in the negative.
e
indivi
any c
07841—Match 9. 1978
make
Of SY
MUNICIPALrr=
In AGO
MAY EXPEND PUBLIC FU*MS TO SUPPORT
definition
BOND ISSC;E .rrOVERVItiG BODY \OT
conclusior.
A POLITICAL COMMITTEE
„ r
To: David Biudworth. State Attorney, Kist Palm Beach
*her.
Prepared by.- Patricia R. Gleason, Assistant Attorney Generoi
See r
QUESTIONS:
SW also
patersbur
1. May a municipal governtng body expend municipal funds to
not a "pt
support a bond issue for acquisition and development of parks and
eansrt ct:
recreation cress within the city?
of Ch.101
L Does such an appropriation and expenditure of municipal funds
not smut
a municipal governing body to register as a political
mttatn4
�
that your
In rsac:
SUMMARY:
DDii�
Municipal funds may be appropriated and expended to support a bond
develop
If C
Issue to raise funds to acquire and parks and recreational areas
within the municipality since this is an issue which affects and is of
state:
interest to the citizens of the municipality. Neither the municipality nor
by Lk:
NS-IL 7'7
90
98-17h i
ANNUAL REPORT OF THE ATTORNEY GENERAL 078-41
in pertinent part
the municipal governing body acting to its official capacity is a "political
committee' within the purview of Ch. 106. F. S. 1977.
or authoritv
.4S TO QUESTION 1:
at which
:o the public
Pursuant to 9. 2(b). Art. YIII. State Const.. municipalities are authorized to "exercise
any power for municipal purposes except as otherwise provtoed oy law." Section
for
166.021(11. F. S. states that a muniapauty may exercise any power municipal
littee fails within
ether
purposes except when expressly prohibited by law."
from
or not said
My research discloses no statutory provision which precludes a municipality
i control of the
?la„ 19691; City of
eVi
a prating and expending funds in the manner contemplated by your letter. Cf a.
11KZ. F. S„ which seta forth a general state policy of pprohibiting the use of state funds
`Moreover. I in AGO 074-113. the of whether
-won tniittee
'rainage facilities
for lobbying purposes. as noted question
such an expenditure is valid as a public municipal purpose is ultimately one for judicial
of an agency or
determination. although the legislative deternunation will be given due weight. Attorney
agency, nor is it
General Opinion 074.113 involved a substantially identical question. asd in that opinion
.isory capacity to
I concluded that a municipality may exoend municipal funds to ourchase newsvever
i 473 (Fla. 19741.
advertisements in support ot: or is opposition to. the repeal of a county .—iiities tax which
- rutsee appointed
affects and involves the interests of the municipality and its citizens. See also AGO 074-
=achy to the town
M. in which I opined that municipai funds may be used to support or oppose the
t tows stated that
governmental
question of the annexation of territory to the municipality as this is a matter that affects
:he interests of the municipality and its citizens. Compare AGO's 072.320 and 077-8.
is did lei
concluding, inter alia. that under Florida law publicfunds may not be expended by a
county or district or other statutory entity for lobbying purposes or to "propagandize"
Mthor s
specifically
actions taken by the public body utiless expressly sad specifically authorized by law.
that
imuSel esSunshine
Accordingly. since the proposed bond issue seems to and involve the interests
'he LAW
ad hoc boards
the
must beeansweoingred in tthheroaffirmaGeneral Opinions, I am of the
or
rs deal with some
view thatyourfirst question
ii Beach •. Berns.
AS TO QUESTION 1
..d 693 (Fla. 1969);
Section 106.011(11. F. S. 1977. defines the term "political committee" to mean:
a combination of two or more individuals, or a person other than an
individual. the primary or incidental purpose of which is to support or oppose
any candidate. issue, or political party and which accepts contributions or
makes expenditures during a caiendar year in an aggregate antowit in excess
of $100.
In AGO 074.113. I concluded that a municipal corporation was not included in the
definition of "political committee" found at former s. 106.011t2.. F. S. 1973. This
conclusion was based upon the general rule noted in AGO 071.7t:
ordinarily. the state and its agencies are not considered as within the
purview of a statute unless intention to include them is clearly manifest. as
where they are expressly named therein, or included by necessary implication.
See 82 C.J.S. Statutes. a. 317. p. 554.
Sm also State v. Peninsular Telephone Co.. 75 So. 201 (Fla. 1917 'j, and City of St.
Petersburg v. Charter, 39 So.2d 804 (Fla. 1949), holding that a mutuc:pal corporation was
it tuadri to
pants and
not a "person" or a "corporation" withip the meaning of the statutes there under
Attorney General Opinion 074.227.1 have exarined the provisions
construction. Accori}
Ch. 106. as amended by Ch. 77.175. effective January. 1, 1978. anc :he Legislature nas
�pv funds
not amended either the definition of "political committee" or "person" to include a
not
a political
municipal corporation within the purview of that chapter. Accordirriy. I am of the view
that your second question should be answered in the negative.
In reaeatag the foregoing conclusion. I have not overlooked an aav:sory opinion of the
dated October 27. 1977. in Director the
Division of Elecuons. DE 77.24. which the of
Division of Elections opined
pot a bond
riammil
�
If City Commissioners. or any other individuals, collectively expend the
s
eipelity nor
assed
by the category of Poli�cal Committee.rt an issue on tTh source of the contriwould oution--0efined
SS -IL 7'7
91
p C
07842 AN`NTAL REPORT OF THE ATTORIKEY GENERAL
as "an, Th
of value" --is immatena . at is. individuals acting to concert
would qua y as a political committee. under these circumstances. whether
they expend their own funds or moves contributed to them or general revenues
of a corporation or municipality.
It is well established. however, that the actions of a municipal governing body, are not
considered to be separate actions of individual municipal officers. See Turk v. Richard.
47 So.2d 643 (Fla. 1950). holding that individual or separate acts of a member or the
o�iciial agreements of a part of the membm of the city council are ineffectual and
Without binding fom joint official deliberation and action as provided by low are
essential to rive validity to the act@ of such a body. See also Beck v. Littlefield. 68 Sold
889 (Fla. 195M. The�7-%Slztlons
.body of the municipality is vested with all eorpante
pumm of the munieis chosen by the eleccots to act for the municipality. 23
Fla. Jur. Municipal a. 49. p. 13. Therefore. the members of a city counaL
when voting in their offinal capacities as municipal officers to anproortate and expend
municipal funds for municipal purposes cannot be deemed to ne ''individuals" or "a
person' within the purview or for the purposes of the definition of "political coma uttee"
found at a 106.01M). F. S.1977. Accordtngiy, in light of the statutory duty imposed upon
the Attorney Generai to give legal advice whenever requested to do so by a state
attorney isee s. 16.0& F. S.), and in further consideration of your request for "direction"
in this matter from this office. I must advise that. in the contest of your questions.
reliance on DE 77-24 would be misplaced. Thus, as has been previously stated your
second question is answered in the negative.
07842—March 9. 1979
SPECIAL TAX DISTMCrS
HOSPITAL DISTRICT SUBJECT TO GENERAL LAW WAM:YG
SOVEREIGN MXUNITY AND MONTrARY LIMITATIONS THEREIN
To: Joel �. J. S n. Attorney for Southeastern Palm Beach County Bogntat District. Beach
pr spared by. Jadyn Wilson. Assistant Attorney General
QUESTION:
in 4M of the amendment to a 768.2L F. S. by Ch. 77-SL Laws of
Flotilla. is the Soutbesatern Palm Beach County Hospital District within
the definitional purview of s, 7g8,=8. and is any recovefq by an
int rationally or negligently injured patient in the district's hospital
remicted to the 000netaey limitations on tort liability esnMiabed by it.
7g UT
SUMMARY:
A I Istively established hosptasJ diseriet is included within the
dednit9onal purview of s. 703& F S.. as amended. Ald wugh the hospital
district may not have possessed sovereign immunity prior to the
Iwpisla4ue'e wai►er of eoves+aisn in a. MAL the statute now
e>�eesely provides that the tatioas oo contained therein are
applicable to all state apeneies and satbddtisiooe d deiiaed�.i,{n�a 76828tS>.
of wbsther tday p0iered e0veral� immsmoih► prwlr to July 1.
104. Therefore. dio� judkW determination to the contrary, the
pe+au►Yrlao@ of a 768.18. as auteodad. indndiati the monetary limitatiau on
toot liaMlity spetdw therein. are applicable to the hospital district.
By the enactment of a. 768.28. F. S. (Ch. 73313. Laws of Florida). as amended by Chs.
.4-235 and 77-86. Laws of Florida. the Florida lre waived the out 'a immunity
from tort liability to the extent provided therein. See a ';66.28t11 which provides:
!RS-17'7
98--178.
In acoofdac
itaa� or
or any of i
d�gee of
propaety. F
mmu of
of hi
stab► a�
in wm*dsr
the lid
See ww a 768
State's waver.
employees, or c
in the sco"
or�� �682
the e
Sse also a 1A
,.aountip. aide
Alb
�.of.bc sin
disww to still
Is GO
with the
paw".
of the eta
a 7SL26
Thm was C
dldriict's hasp
s@oabii@hsd b:
CCU
9 8is�te
funk ion es to
those patient
the
Chn& ofsossom ou.
9ll (I I?-CJL I
and was not
u
116u?d 7
iscidm in St
feed a
_
liabill
1N THE CIRCUIT COURT OF THE
ELEVENTH JUDICIAL CIRCUIT, IN
AND FOR DADE COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CIVIL CASE NO.
FLORIDA BAR NO. 2655§1845251
Dexter Lehtinen,
Plaintiff
v. COMPLAINT
Metropolitan Dade '
County, Florida �00
Plaintiff Dexter Lehtinen files herein his complaint
against Metropolitan Dade County for declaratory judgment,
injunction, and other relief, alleging that: ballot
language for a proposed Dade County Charter revision is
illegal in that the proposal is deliberately vague and
misleading and fails to state the chief purposes of the
proposal, in accordance with statutory and constitutional
requirements; further alleging that the limitations on
recall of commissioners in the proposal is an
unconstitutional limitation in violation of the Dade County
Home Rule Amendment of the Florida Constitution; and
further requesting that the proposal be removed from the
ballot of the election scheduled for March 8, 1988.
1.
I.
PARTIES AND JURISDICTION
1. Plaintiff Dexter Lehtinen is a resident, citizen,
taxpayer and registered voter of Dade County, Florida, who
intends to vote in all upcoming elections, and is an
elected member of the Florida Senate.
8"77i
.r'
2. Defendant Metropolitan Dade County is the legally
i
j constituted county government of Cade County, Florida,
being governed by the Board of County Commissioners and
i
j including, within its jurisdiction and control, the
Supervisor of Elections of Dade County, pursuant to the
FWL Ida CuusL i Lulluu, Florida Statutes, and the
Metropolitan Dade County Home Rule Charter, and is sued in
I
its name pursuant to F.S. 125.15.
I
i
3. This is an action for declaratory judgment, for which
the court has jurisdiction pursuant to F.S. 86.011, and for
an injunction, for which the court has jurisdiction
pursuant to F.S. 26.012.
II.
COUNT ONE
The Proposal is Deliberately Vague and
Misleading and Fails to State its Chief
Purposes, in Violation of Statutory and
Constitutional Requirements
4. Metropolitan Dade County, through adoption of
resolution 1669-87 by its Board of County Commissioners,
has called a county -wide special election for March 8,
1988, to. consider revisions to its Home Rule Charter.
(Resolution 1669-87 is attached as exhibit A)
s
5. The ballot summary or explanation which will appear on
- 2 -
88-1'7'7.
913-176.
i
the ballot for the consideration of the voters is as
follows:
SHALL THE DADE COUNTY CHARTER BE AMENDED TO PROVIDE FOR,
AMONG OTHER THINGS, REVISIONS TO: THE CITIZENS" BILL OF
RIGHTS; THE COUNTY COMMISSION'S POWERS, PROCEDURES AND
ELECTIONS; THE POWERS OF THE COUNTY MANAGER; THE
ORGANIZATION OF THE COUNTY'S ADMINISTRATION; THE TRANSFER
OF MUNICIPAL EMPLOYEES; THE PROCEDURES FOR CREATION AND
ABOLITION OF MUNICIPALITIES; THE PROCEDURES FOR INITIATIVE;
REFERENDUM AND RECALL; THE PROCEDURES FOR THE AMENDMENT OF
THE CHARTER; AND VARIOUS TECHNICAL AND PROCEDURAL MATTERS?
(See exhibit A).
6. Florida Statute 101.161 requires that when any "public
measure is submitted to the vote of the people, the
substance of such amendment or other public measure shall
be printed in clear and unambiguous language on the
ballot". This statute requires further that the
substance of the amendment or other public measure shall be
an explanatory statement, not exceeding 75 words in length,
- of the chief purpose of the measure." (See exhibit B).
7. The Due Process Clause of the Florida Constitution
(Article I) and the United States Constitution (Amendment
Fourteen) further require that ballot language submitted to
the electorate not be vague, confusing or misleading such
that its basic meaning or effect cannot be determir.ed.
8. The Metropolitan Home Rule Charter itself further
requires that measures be submitted to the electorate in
- 3 -
88-17
98--1'76
11666
concise language and in such manner as provides a
clear understanding of the proposal (Article 7, Section
7.01(4)(6), referring to referenda).
9. Statutory and constitutional mandates, separately and
taken together, require that "the ballot must give the
voter fair notice of the decision he must make" (Askew v.
Firestone, 421 So.2d 151, 155, (Fla. 1982), citing Miami
Dolphins v. Dade County, 394 So.2d 981 (Fla. 1981)), and
require further that "...the people who are asked to
approve them must be able to comprehend the sweep of each
proposal from a fair notification in the proposition
itself..." (Smathers v. Smith, 338 So.2d 825, 829 (Fla.
1976)).
10. The purpose of section 101.161 "is to assure that the
electorate is advised of the true meaning, and
ramifications, of an amendment. The burden of informing
the public should not fall only on the press and opponents
of the measure -the ballot title and summary must do this".
(Askew v. Firestone, 421 So.2d 151, 1.56, (Fla. 1982)).
11. Statutory and constitutional mandates, separately and
taken together, are "...the same for all ballots, i.e, ...
What the law requires is that the ballot be fair and advise
the voter sufficiently to enable him intelligently to cast
his ballot." (Askew v. Firestone, 421 So.2d 151, 155,
(Fla. 1982)) and Hill v. Milander, 72 So.2d 796, 798 (Fla.
1954)).
- 4 -
ss-177
�12. The ballot summary and explanation in the proposed
Charter revision contains no explanation whatsoever, is
deliberately vague and ambiguous, and makes no effort at
all to explain the chief purposes of the revision, and thus
the ballot summary is statutorily and constitutionally
defective.
13. The ballot summary and explanation in the proposed
Charter revision is inherently defective in that the same
ballot summary could be used, for example, to describe a
measure strengthening recall of commissioners or, in the
alternative, to describe a measure limiting recall.
14. In the case herein, the proposed Charter revision
actually severely limits recall by prohibiting recall in
i
two years of a four year term (in other words, by
eliminating recall 50% of the time), by severely limiting
the approved reasons for recall, and in other ways, without
f
any mention of this purpose or effect of the ballot
language and without any notice thereof to the electorate.
(Proposed amendment to Section 7.02, see exhibit C).
15. The ballot summary and explanation in the proposed
Charter revision is inherently defective in that the same
ballot summary could be used, for example, to describe a
measure broadening emergency ordinance powers or,
alternatively, to describe a measure restricting emergency
ordinance powers.
16. In the case herein, the proposed Charter amendment
5 -
-f
�i
0 n 6
actually substantially broadens emergency ordinance powers
by permitting emergency ordinances (which require no notice
or hearings for their adoption) to be used to levy taxes
and grant franchises, which use of emergency ordinances is
currently clearly, directly and explicitly prohibited by
the Charter. This repeal of the emergency ordinance
prohibition and broadening of emergency powers is
accomplished without any mention of this purpose or effect
in the ballot language and without any notice thereof to
the electorate. (Proposed amendment to Section 1.02 (F),
see exhibit D).
17. The ballot summary and explanation in the proposed
Charter revision is inherently defective in that the same
ballot summary could be used, for example to describe a
measure increasing public participation in the adoption of
revenue and appropriations measures, or, in the
alternative, to describe a proposal decreasing public
participation in the adoption of revenue and appropriation
measures.
18. In the case herein, the proposed Charter amendment
actually substantially reduces public participation in the
adoption of revenue and appropriations measures, by
permitting such measures to be adopted by resolutions in
place of ordinances (resolutions require less notice and
hearings for their adoption), which use of resolutions in
place of ordinances is currently clearly, directly and
explicitly prohibited by the Charter. This repeal of the
prohibition against using resolutions for these purposes
z-M
8" 77
- FI8--178
6 ^ 41
and reduction of public participation in the adoption of
revenue and appropriations measures is accomplished without
any mention of this purpose or effect in the ballot
language and without any notice thereof to the electorate.
(Proposed amendment to Section 1.02 (A), see exhibit E).
19. The ballot summary and explanation in the proposed
Charter revision is inherently defective in that the same
ballot summary could be used, for example, to describe a
measure adding rights to the Citizens' Bill of Rights, or,
in the alternative, to describe a measure repealing rights
enumerated in the Citizens' Bill of Rights.
20. In the case herein, the proposed Charter revision
actually repeals two enumerated rights in the Citizens'
Bill of Rights, specifically repealing all of the right to
receive quarterly budget comparison reports (Section 12).
and also repealing the requirement that the county shall
maintain regional offices (Section 14), without any mention
of this purpose or effect in the ballot language and
_ without any notice thereof to the electorate. (Proposed
amendment to Citizens' Bill of Rights, see exhibit F).
21. Therefore, the proposed Charter revision, being in
E
violation of statutory and constitutional ballot
Irequirements, should be declared null and void and should
by removed from the ballot.
i
! M.
1
COURT TIED
7
The Elimination and Rrstriction of Recall
Violates the Floiida Constitutional
Requirement that Dade Charter
Shall Provide for Recall
22. The provisions of paragraphs 1-21 are realleged
herein.
23. The Dade County Home Rule Amendment of the Florida
01,fllbl 11111 1.411 1hi 1 1611a VI I 1 006.1 1.111 f.(tl)0 11111.11..11t11 1111J
Article VIII, Section il(i) of the Constitution of 1885)
requires that the Dade County Charter "... shall provide a
method for the recall of any commissioner ...". This
provision is not optional and does not permit the Charter
to eliminate or restrict recall itself, but only permits
the Charter to provide the "method" of recall (such as
number of signatures required, etc.). (See
exhibit G).
24. As previously indicated in paragraphs 14-15, the
proposed Charter revision actually eliminates recall for
two years of a commissioner's four year term, severely
restricts recall during the remaining two years to certain
specific reasons, and restricts recall in other ways.
(Proposed amendment to Section 7.02, see exhibit C).
25. Such complete elimination -of recall for two years of
every term of office (50% of the time) and such restriction
to "cause" only in the remaining two years, is in
- 8 -
88-177.
88-1'78,
^ 40
contradiction and in derogation of the Florida
Constitution's requirement that the Dade County Charter
"shall" provide for recall. Such elimination and
restrictions are not "methods" of implementing recall, but
are instead methods of blocking recall.
26. Therefore, the proposed Charter revision, being in
violation of the Florida Constitution, should be removed
from the ballot.
IV.
ADDITIONAL SERVICE
27. Pursuant to the provisions of F.S. 86.091, this
lawsuit is being served upon the State Attorney of the
1 Eleventh Judicial Circuit, in that this lawsuit challenges
the constitutionality of a Dade County Charter revision.
V.
REQUEST FOR RELIEF
Plaintiff Requests that the Court enter:
(1) a Declaratory Judgment, delaying that the ballot
summary for the proposed Charter amendment is not clear and
unambiguous and does not state the tmain purposes of the
amendment;
(2) an Injunction prohibiting the special election for
charter revision on March Be 1988, and instructing Dade
- 9 -
88-17'7
88-i'78.
I
County and its Supervisor of Elections to remove the issue
from the ballot; and
(3) such other relief as the Court may determine to be
just and proper.
- 10 -
Aexter Le h��JA=.w 0 '
ine
Plaintiff & Attorney `
Florida Bar #265551
P.O. Box 524113
Miami, Florida 33152
(305)-591-1734
88-1'7'7_
88-1'78.
0
EXHIBIT A
HOME RULE CHARTER REVTSTONS
SHALL THE DADE COUNTY CHARTER BE AMENDED TO
PROVIDE FOR, AMONG OTHER THINGS, REVISIONS
TOs THE CITIZENS' BILL OF RTGHTSt THE COUNTY
COMMtSStON'S POWERS, PROCEDURES AND
ELECTIONS: THE POWERS OF THE COUNTY MANAGERt
THE ORGANTZATTON OF THE COUNTY'S
ADMTNISTRATtONt THE TRANSFER OF MUNICIPAL
EMPLOYEESt THE PROCEDURES FOR CREATION AND
ABOLITION OF MUNTCIPALtTTESt THE PROCEDURES
FOR INITIATIVE, REFERENDUM AND RECALLt THE
PROCEDURES FOR THE AMENDMENT OF THE CHARTER;
AND VARIOUS TECHNICAL AND PROCEDURAL MATTERS?
YES Q
NO 0
EXHIBIT B
101.161 Retamm* ballotL—
(1) Whenever a constitutional amOnW4nt or
s wbmtted to the vote of the people,
�me eat a" arnmonent or oter hpublic mu.
sure sW W panted in lan•
ggap on the ballot after the list of
th—e word yes' and atso by the word 'no' and SW
be styW in such a manner that a yes'vote wiN indicate
approval of the proposal and a W vote VA indicate re•
pcwn. The wording of the mAntanea cf the atrtendtttent
or other public measure and the ballot UN to appear on
the baWt shah be embodied in the PM resolution, con-
stitubonal nmailon co"mus ion proposal. cmututow
convention proposal, or enabling resolution or orda
Hance. The subst andmant the bmor o,glic
measuqADo b an t of exceed-
inp'75 words in ten ,
M„ The ballot titN OWN cones al a
ceeomg 15 words in length, by which the rnnesure is
conmonly referred to or spoken of. .
88-177.
198-1'78
'*-1 0
EXHIBIT C
SECTION 4*92• 6.02. RECALL.
Any member of the eea:rd--ef--eeenty
Commissioners-et-the-Okeftff-et►-qWP- ev"seebie may
be removed from office by recall. the-e4eetess-e4
the•estntyy•diets►4ety-er- ee np�lit�-t �rhstMfie
wee-elo e m The procedure on a recall petition
shall be identical with that for an *nit=atery-ee
refereadery initiative petition, except that:
379. No recall petition agasnet-seek-en
efffeer shall be certified within one
year after ke--takes--off*ee the
commencement of any term of off ce nor
within one year after a recall petition
against k*s the Mayor or the
Commissioner is defeated nor wit in one
Year oftT�e expiration of the mayor's or
tUe Comtesioney s term.
EXHIBIT D
SECTION 1.02. RESOLUTIONS AND ORDINANCES.
F. fe-+sect Uoon a findina by the Commission
e existence of a pu5l3.c emergency a ectinq
C� efe, has , property, or public safety_
i welfare or fiscal integrity of the Count/
vote o t a members of thaa"eve commission may
adopt an emergency ordinance at the meetsnq at
which it is introduraA a^A -nov make it effective
immediate
lye-except-them-++e-mesh-est4ine�e-e+a!►-fie
toed-te-drr��.�s+ea�-4aate�-o r�e�reead!-a-f:snepisey
er-nth fin•-t4w4easowiaeyeE-smmev. Alter the
adoption of an emergency ordinance, the Seard
88_1'7'7.
88-1'78.
EXHIBIT E
SECTION 1.02. RESOLUTIONS AND ORDINANCES.
A. The Beard Commission shall adopt its own
rules of procedure and shall decide which actions
of the Beard Commission shall be by ordinance or
resolution, except as otherwise provided in this
Charter and except that any action of the Beard
Commission which provides for re=sins•-rerev-ueti
eppreprseesnq•-fiords-r-er incurring indebtedness
(other than refunding indebtedness), or which
provides a penalty or establishes a rule or
requlatioe for the violation of which a penalty is
imposed shall be by ordinance.
EXHIBIT F
,,hilt j',jtltl'I"1 Np*Mt III'( t I tth"Ttd
CITIZENS' BILL OF RIGHTS
' lir--4aer!er�T--9ndgee--�eweer:$errs---?!!e
EeeeeyNnneges- eeed�-�n�cr�+avi��i-�e:erce*~iw
-epesre-eReMlttq•!ne-sets$,-exeens:t�sree-der:eq
tl�e-q�seree!-�nst-!r�den-egnsR�e-one-gderter-ee
bhp!-prepesed-se�neei-!!epeRd4eesres-ens-rerett- :te
the-4mdgees--Such
•-.�epor�-rt�sil--she•rel�eet
!h*•ewtq!-e*me Letrtext- x�y+itesr�res
Beet=ett•ss-tl�e-lisee�-deer-t!!ne-,tee-e�npaedr
i4r 13. Regional Office$. Regional offices
of tFe County's administrative services she**
Ell be maintained at locations in the County
or the convenience of the residents.
_ 88-177.
88-IL 78
•
EXHIBIT G
CONST"MON OF THE STATE OF FLORIDA
ARTICLE VIII
LOCAL GOVERNMENT
SECTION S. Schedule to Article VIII.—
(a) CONSOLIDATION AND HOME RULE. Article
VIp. §ggdo 19, 210. %Land 424. of the Constitution of
,
1 amended, shall remain In full force and effect
as to each county affected, as if this article had not been
adopted, until that county shall expressly adopt a char•
ter or home rule plan pursuant to this article. All prove•
dons of the Metropolitan Dade County Home Rule Char-
ter, heretofore or hereafter adopted by the electors of
Dade County pursuant to 3Article VIII• Section 11. of the
Constitution of 1885. as amended, shall be valid, and
any amendments to such charter shall be valid: provided
that the said provisions of such charter and the said
dmendment6 tharetn are authnwen tlnner 6afn +Ancwli
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half ward as VA Me a w OlwM01 a SeetMa I Arlan ltva a wr ChM 111010
w fwlwtlaw of an Seca" ON nor oe 111ee"d or sum atllwr.
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to wl0 Ow relwl rr DS WNS11 t Owlawata0 O all" aft NO WOW end
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to Dace Cajon wee at" 0ww OM «flare ew ftw a to 6100a Few 41'0 tent
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198-1i
88-118.
OFFICERS
President
HOW RAUL L MARTINEZ
Mayor. Hlateah
First Vice President
MON,
BARRY 0 SCHREIBER
commissioner. MHropotitan Dade County
Second Vice President
MON JOSEPHJ GARDNER
Councilman. Say Wrbor Islands
Third Vice President
MON SHELLY GASSNER
Councilwoman. North Miami
MON SIDNEUWEISBURD
Comniissionar. Miami 8aach
Treaurer
NON ROY S SHIVER
Vice Mayor. Florida Gty
BOARD OF DIRECTORS
MON. ESTELLE STERN
Ant. Mayor. Bat M111`001ir
MON MARTIN B SHAPIRO
Mayor. Bay Marto► Islands
NON. JAMES A REEDER
Commissioner. Biscayne Park
MARK J WOLFF
Commissioner. Carat Gabes
DR MICHAEL KROP
Vice Chairman. Dade County School Board
NON ELEANOR BEMNE
Councilwoman. El Portal
MON. JUANITA SMITH
Commissioner. Florida City
MON. HERBERT A TOBIN
Mayor. Golden BaaCh
MON RAY ROBINSON
Councilman. Hialeah
MON GREG READ
Mayor. Malmo Gardens
MON. JEFF KIRK
Councilown, Homestead
MON. KATHY GUNTER
councowornari. Medley
MON J L. PLUMMER. JR.
Via Mayor. Miami
MON SPERO CANTON
Maya. MOO Snores
MON CA DEWHURST
Maya. Miami SPWW
MOM. PAUL VOGEL. O C.
Maya. North Bay Vlllaga
MON JOHN HADER"
Councilman. North Mimnw
NON. JOHN KURZMAN
CouncilnrtNi, North Miami enacts
MON. BRIAN I400TEN
Vice Maya. OP44AG a
MON. E DANNY BROWN
CommaWmsr. South Myatni
MON Ell LURIE
cotnrttiww. we,"
HON. RDNALO MITRO
Counciman. Sweelwow
MON. ROY WHITFIELD
Maya. VirpirNa Gardens
NON PEORO REBOREDO
Maya. Wal Mom
PAST PRESIDENTS
MON. EDWARD J. OLME
Mayor, BismyrM Part
NON MARRY COHEN
C W"ff an. North Miami Beam
MON. LOUTS NHS. M.O.
Via Mayor. Bay Harbor Islands
MON. VALERIE HICKEY-PATTON
Vim Maya. West U"
MON. WILLIAM H. KERDYK
Commission►, Coral Gables
MON BETTY ANDREWS LANTZ
Conmiissiorler. Sown Heed
MON HOWARD NEU
Maya. North Miamd
MON. J.L. PLUMMER. JR.
Vida Maya. Miami
MON ROBERT TAYLOR
Councilman, North Miami Beach
MON MARTIN VELEN
Couneurnan, West Miami
Dade County League o�Cities, Inc.
7480 FAIRWAY DRIVE, 01M. MIAMI LAKES, FLORIDA 33014
(305) 557"1722
irector
December 10, 1987 RUSSiive MRiiCHNER
Consuttant
JACK R RICE. JR
Hon. Beverly Phillips
Metropolitan Dade County
Commissioner
Metro -Dade Government Center
III N.W. let Street
Suite 220
Miami, FL 3312E
Dear Commissioner;
Thank you for giving Dade League Attorney Jack R. Rice,
Jr. and me the changes in the Metropolitan Dade County
Charter to be submitted to the Voters March 8, 1987.
County Attorney Robert A. Ginsburg today provided
copies to Mr. Rice and myself. Unfortunately, both Mr.
Rice and I will not be able to attend the County
Commission Meeting December 15, 1987, when the draft
will be discussed, since we will be at the National
League's Congress of Cities. You will receive Mr.
Rice's comments under separate cover.
Under section 4.04, PERSONNEL, there is substantial
change to what benefit rights would be retained by
municipal employees Who become employees of the County
on the occasion of a merger of any type. Since Mr.
Rice originally authored that section of the Charter, I
will defer to him. It could be a strong deterrent to
municipal employees and their unions to instigating or
approving any mergers of any type.
I agree with the changes in section 6.05, CREATION OF
MUNICIPALITIES, using the former language for
comparison but Dade County's annexation procedures have
always been more strict than those of the State,
discouraging, for the most part, practically all
annexation attempts.
However, in reading the prior section, 6.04 CHANGES IN
MUNICIPAL BOUNDARIES, is there a lack of conformity
between its existing requirement for no election if
there are fewer than 250 who are electors, and the
provision in the following Section 6.05, for an
election in all cases for the creation of a new
municipality, regardless of the population?
- more - . 88--177
8-178
Or
.1 _•
page 2 -
Whether it's a creation of a new city or a change in an
existing one, residents will be affected no matter how
few. The same rules should be applied to both. As you
know, annexation or creation of new cities will be
viable issues in Dade County.in the near future.
Thank you.
Sincerely,
Russ Marchner,
Executive Director
CC: Jack R. Rice, Jr.
Raul Martinez
RM:ba
i
l98--177.
88-178.
_ i _
i ne Vade Lounty League oACities, Inc.
P.O. BOX UN39, MIAMI, FLORIDA $3135
(305) 64M40
December 11, 1987
Honorable Beverly Phillips
Commissioner of Dade County
Metro -Dade County Center, Suite 210
Ill N. W. let Street
Miami, Florida 33128-1983
Re: Dade County Home pule Charter
Dear Commissioner Phillips:
Coneullenl
JACK R. RICE. JR.
EYeCull.e 01teela
BUSS MARCHNER
I have received a copy of the proposed changes to the Dade
County Home Rule Charter from the Honorable Robert A.
Ginsburg, County Attorney.
In reviewing the amendments as they effect municipalities,
I submit the following to you; the Mayor and the other
Commissioners of Dade County for consideration.
There are a number of substantive changes in these proposals
and they are not confined solely to corrections, errors w
or omissions.
SECTION 1.02. RESOLUTIONS AND ORDINANCES.
F. The language stricken commencing in the
9th sentence should not be stricken as it gives
notice to the municipalities as to fiscal matters.
SECTION 4.04.,ASSESSMENT AND COLLECTION OF TAXES.
A. The provisions providing that the county
should continue to collect taxes for the munici-
palities should remain, including the right of
each municipality to adopt its own budget, fix
its own millage and levy its own taxes.
B. C. AND D. should not be deleted.
11
89-1:77
A8-178.
t
T'r'Tty p�
r ter... ........ .�.-._.._.. ..... - < v .—
]` � F
Honorab+- Beverly Phillips -2- December 11, 1987
SECTION 4.05, RENUMBERED 4.04. PERSONNEL.
The existing Sections A., B., C., D., E., and
F. should remain in the Charter as written. The
proposed should not be incorporated therein. The
changes as proposed are a substantive amendment
to the existing Charter and materially effect the
rights of the municipal employees in the event of
transfer, etc. from a municipality to the County.
This was an important issue at the time the
Charter was adopted by the electorate in 1957.
It was included through the employees' agreement
not to oppose the new Charters that passed by a
very slender margin.
Municipalities and its employees should retain all
their rights as proposed in the original Charter.
This is one issue, which in my opinion, would
result in the failure of any amendments proposed
to be adopted.
/ SECTION 5.02. RENUMBERED 6.02. MUNICIPAL POWERS.
The language proposed to be stricken is of
material importance to the municipalities. The
language, proposed to be stricken, was included in
the Charter to assure that the character and i
standards of municipalities be preserved for its
citizens.
SECTION 5.03. RENUMBERED 6.03. MUNICIPAL CHARTERS.
The new provisions as underlined should not be
incorporated in the Charter. The right to abolish
its existence is'preserved.to the municipalities
and its citizens.
Upon a municipality determining that its existence
should be abolished, the County should have no right
to reject the will of the municipal electorate and
its municipal officials as presently provided in the
Charter. This is a substantive right that need not,
nor should not be distributed or abolished.
88--1'77 .
98--178_
Honorable Beverly Phillips -3- December 110 1987
SECTION 5.05. RENUMBERED 6.05. CREATION OF NEW
MUNICIPALITIES.
There is a substantive change in this section.
The Charter, as presently written, should be
preserved.
The above critique is the minimum objections to the proposals
as made, subject to a meeting of The Dade County League of
Cities' Board of Directors (January 7, 1988).
it is suggested that no action be taken on the proposals until
each municipality is given a copy thereof, and they be allowed
to submit their views on the subject. The Board of Directors
of The Dade County League of Cities, Inc. should be granted a
minimum of six weeks following the meeting of the Board of
Directors in January to review.the proposal in order that
they may make recommendations thereon.
Thank you for your consideration in making -available the
proposed Charter changes.
Very truly yours,
Jack R. Rice, Jr.
JRR/fr
_ cc: Robert A. Ginsburg, County Attorney
Raul Martinez, President Dade County League of Cities
Russ Marchner, Executive Director Dade County League of Cities
i
88-IL 77
88-178.
L 1. ''�.+..,' LjL L,*f114+; - THURbu1t! # F j�sRuaRy 111 1908.
1.• LEGISLATIVE MEET1lwG. FLORIDA LEAGUE OF CITIES. FEB. 4-5. 1988
a c�uar.a.nva7rrp, r #svna�n.
THE LEGISLATIVE POLICY WAS ADOPTED BY THE LEGISLATIVE COMMITTEE AND
RATIFIED BY THE MEMBERSHIP ON THE FOLLOWING SUBJECTS:
1. FINANCE; 2. EMINENT DOMAIN; 3. INTERGOVERNMENTAL;
4. ENVIRONMENTAL'QUALITY; 5. FINANCE & TAXATION;
6. ETHICS AND PERSONNEL; 7. LEGISLATIVE POLICY STATEMENT.
YOUR PRESIDENT RAUL MARTINEZ WAS THE CHAIRMAN OF.THE LEGISLATIVE
COMMITTEE. THE FLORIDA LEAGUE OF CITIES IS PROPOSING A CONSTITUTIONAL
AMENDMENT THAT WILL PROHIBIT THE STATE LEGISLATURE FROM ADOPTING
MANDATED LOCAL GOVERNMENT LEGISLATION UNLESS IT IS FUNDED. THERE
WOULD BE AN EXCEPTION TO THIS POLICY, HOWEVER, UPON A VOTE OF •213-1-8�3° r
OF THE MEMBERS OF BOTH THE HOUSE AND SENATE. EACH MUNICIPALITY WILL
RECEIVE A COPY OF THE PROPOSED CONSTITUIONAL AMENDMENT. IN THE EVENT
THE LEGISLATURE DOES NOT ADOPT THIS AMENDMENT TO DE PRESENTED ON THE
GENERAL ELECTION.BALLOT ON NOVEMBER 8th; THE LEAGUE AND MEMBER CITIES
WILL BE REQUIRED TO INSTITUTE•AN INITIATIVE PROCEDURE TO FORCE A
REFERENDUM IN NOVEMBER.
THERE WAS AN 8s00 A.M. BREAKFAST (ROLLS AND COFFEE) AT THE HILTON FOR
DISCUSSION OF THE LEGISLATIVE PROGRAMS OF EACH LEAGUE OFFICE THROUGHOUT
THE STATE.
2. EACH MEMBER OF THE BOARD OF DIRECTORS HAS BEEN FURNISHED A COPY OF THE
PROPOSED AMENDMENT TO THE DADE COUNTY HOME RULE CHARTER CITIZENS'
BILL OF RIGHTS. AS STATED IN MY AND THE EXECUTIVE DIRECTOR'S LETTERS
ON THE SUBJECT, EACH CITY SHOULD TAKE A POSITION ON THE SUBJECT.
A VOTE IN FAVOR OF THE AMENDMENTS WILL INCLUDE THE ENTIRE PACKAGE AS
THERE IS NO VOTE ON THE INDIVIDUAL SECTIONS OF THE CHARTER THAT IS BEING
AMENDED.
THE ITEMS THAT WERE COVERED IN MY LETTER OF DECEMBER 11th, 1987s, ARE
SPECIFICALLY DIRECTED TO THOSE PORTIONS OF THE CHARTER THAT WILL INFRINGE
UPON THE MUNICIPALITIES' POWERS TO'ACT.
SECTION 1.02 RESOLUTIONS AND ORDINANCES. IF APPROVED WILL PROVIDE
• FOR THE RAISING OF REVENUES AND APPROPRIATION OF FUNDS BY
REFOr.U=r,1F T'�!JIFT A,D (`:? 9Y ORDINANCE A.S PRES)3NTLY REQUIRED#
THEREBY ELIY::NATINC NOT ICE TO A0O?T*OX .
— SECTION 4.05 RENUMBERED 4.04 PERSONNEL, DRAMATICALLY CHANGES
THE RIGHTS OP -EMPLOYEES WHO ARE TRANSFERRED TO DADE COUNTY
AS TO SENIORITY, AVAILABILITY OF POSITIONS, PENSION BENEFITS.
SECTION 5.02 RENUMBER 6.02 MUNICIPAL POWERS. STRIKES THE VERBAGE
"IN ORDER THAT ITS INDIVIDUAL CHARACTER AND STANDARDS MAY BE
PRESERVED FOR ITS CITIZENS".
_ SECTION 5.03 RENUMBERED 6.03 MUNICIPAL CHARTERS. WOULD NOT
PERMIT THE ABOLITION OF -ANY MUNICIPALITY UNTIL THE COMMISSION
GRANTS ITS APPROVAL AFTER CONSIDERING THE PROVISIONS MADE
FOR THE SATISFACTION AND DEFENSE OF EXISTING AND POTENTIAL
LIABILITIES AND OBLIGATIONS OF, AND CLAIMS AGAINST, THE
e MUNICIPALITY SEEKING ABOLITION.
SECTION 5.05 RENUMBERED 6.05 CREATION OF NEW MUNICIPALITIES.
PROVIDES THAT ONLY THE COMMISSION MAY AUTHORIZE THE CREATION
OF NEW MUNICIPALITIES IN THE UNINCORPORATED AREAS OF THE
COUNTY AND SHALL ONLY HAVE THOSE POWERS AND RIGHTS GRANTED
TO IT BY ITS CHARTER (SUBJECT TO A VOTE OF MAJORITY OF THE
ELECTORS WITHIN THE PROPOSED BOUNDARY OF THE NEW MUNICIPALITY).
88-11171
88-178.
JACK R. RICE. JR, ATTORNEY AT LAW • P. O. BOX 350630 • MIAM1, FLA. 33135 • (305) 643-0240
0 RESOLUTION 86-
A RESOLUTION OF THE BOARD OF -DIRECTORS OF
THE DADE COUNTY LEAGUE OF CITIES, INC.
URGING THE ELECTORATE TO VOTE AGAINST THE
AMENDMENTS'TO THE DADE COUNTY HOME RULE
CHARTER AND ITS CITIZENS' BILL OF RIGHTS
TO BE SUBMITTED TO THE ELECTORATE AT THE
GENERA, ELECTION ON NOVEMBER 81 1988.
WHEREAS, there are proposed amendments to the Dade County
Home Rule Charter and its Citizens' Bill of Rights that are .
substantive in nature and effect the rights of the electorate to
abolish municipalities unless approved by the Board of County
Commissioners; and
WHEREAS, Section 1.02 Resolutions and Ordinances, if
approved, will provide for the raising of revenues and appropria-
tion of funds.by resolution instead of by ordinance as presently
required thereby eliminating notice prior to adoption, and
WHEREAS,.Sectign 4.05 renumbered 4.04 Personnel, proposed
amendment striked substantial benefits presently enjoyed by
municipal employees -who are transferred to Dade County,'and
substitutes a new Section 4.04 B.'as followss
B. Employees of municipalities or other entities
_ who, by merger or otherwise, become'County employees, shall
be placed in the County personnel system at the pay step
closest to their current rate at time of entering County
services provided, however, no-employeR shall be placed at
a pay step or receive benefits, which are greater than the
County provides for employees with comparable length of
service within the classification into which the employee
is placed. The County shall use its best.efforts to employ
- these employees within the limit of their capabilities.
Those employees of the entity merging into the County who
are. unable to be employed by the County, shall be retained
on a priority list for employment'by the Countyf•provided,
however, layoff lists of County employees shall take
precedence over such priority lists, and
WHEREAS, Section 1.04 C. now limits the liability of the
County to fund benefits of. transferred employees who elect to
remain in the pension system.
L. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS
,L• OF THR DADE COUNTY LEAGUE OF CITIES, INC.:
Section 1. That the Dade.County League of
Cities urges the citizens of each
municipality and those citizens
residing in the unincorporated
areas to vote against the proposed
amendments to the Dade County Home
Rule Charter'and its Citizens'
Bill of Rights to'be submitted to
the electorate at the general
election to be held on November 8,
1988.
Section 2. That the Executive Director shall
cause copies*of this- resolution to
be forwarded to the Mayor and each
member of the Board of County
Commissioners and the printed and
electronic media in Dade County.
. PASSED AND ADOPTED this llth day of February, 1988.
Attest: 89_17.
RAUL L.' MARTINEZ, President
SIDNEY WEISBURD, Secretary 198--178
JACK R. RICE. JR, ATTORNCY AT LAW . P. 0. BOX 350038 • MIAM1, FLA. 33036 • (306) 643-0240
Mda
CITY OF MIAMI, FLORIDA
INTEROFFICE MEMORANDUM
DATE: C.
Honorable Mayor and Members February 11, 1988
Of the City Commission sueJEcr.
Proposed County Charter
Revision
ROM Lut
cia A. DoughertyC 4EFERENCEs:
/41CityAttorne y ENCLOSURES. (1 )
The attached news article from the February Gth issue of the
Miami Herald reflects action in the form of litigation
challenging the upcoming referendum. We will obtain a copy of
the Complaint from the County Clerk and advise you further at the
time we report on the legality of using City monies to fund
publicity activities in connection with efforts to promote or
oppose the Charter revision.
in regard to the proposed change in the Charter provisions
dealing with County treatment of merged municipal employees, the
following language is being proposed: "Those employees of the
entity merging into the County who are unable to be employed by
the County, shall be retained on a priority list for employment
by the County; provided, however, layoff lists of County
employees shall take precedence over such priority lists." (See
Attachment 1, Proposed Amendments, City Attorney Memorandum,
February S, 1988.) We have been informed that no past Miami -
Metro mergers have resulted in City of Miami employees becoming
"unemployed" County employees.
LAD/RFC/bss/P507
oo: Cesar H. Odic, City Manager
Natty Hirai, City Clerk
Carlos E. Garcia, Finance Director
Angela R. Bellamy, Director
Department of Personnel management
88-177
98-178.
56
OatQ �ues. 1 b
F7
J. 1* Metro
chair
pWie
..on
11 ICHAELCROOK
,.!WM S,.ff Wr.W
Slifite am. Dexter LAtimen filed
scribed the proposed charier Out. LebtJbm "Id. Ubtlam =tbeW73=- It=—
changes as edam or technical in Lghtima dw lip and cone:
= =—.MMWS of the bMp of. pgUUm the
Slid -
east Rlddylolock a
=YOST
nature. 51 to allow do
But uhtlAco hemeve; an= of — by emaingeocy comments. cherharch"Ime tive. Idem==z im.
for the smend�t or
on changes to Dade
ernme the
coustyn"Is'lZat"I = U.
procedures
the prgpwa changes would be which don't require, advance pub. The ballot question was warded the charter so various technical
Uc notice. ty A17 Itobert Gin& and pronedural mitermr, Aware
ts". - 1 by11
1 "U. —
With the stals law -cmIN 1011
lacky toom4k. a"
to:,
SEW
with foay ballot wording.
'Petro -Dade government is at-
There in a proposal to prohibit He also crl The wording doemak tell
mnoving a Ommudooff from that would It a" "Shall the Dide C-17 that the ft,
much
purpose of to
sampling to mislead the public,"
1AHm R•Parties
0. *Fb a
n:
office during the year before an to change their speoffing or fund- Outer be amen" to provide for. the con=-.w=W2"wad
cWtion, and cma, that would `ImI"JCF"0Y_-- other thlogk revision to: spem" powam and IN de.
ranointions a
driven It they were - which —L—py 5 ft"= bill of - fit" thq #no the'Votare ability in M.
discuse the pm and coos. Hope-
ako"F kfam"
about the C11="
at
I make P dew of
till for 0 of political public county comoodislon's powers, pm mowi aii� Lebusen
O;r
yeavolmotheme
Which
local
Pwbl___ Woom so" the be done endures and ekedow the powers
fail . two of thq County —110121.
kft'-L.Zn� have de•
hCOON"
%WWWU abdule-totere geaMroadiftils led. I of this
ability to throw a commlaimn wr Vile tritomferled .1oldpal
E
E-1
I 1
CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
TO•- : DATE: ME:
Honor le'Kayor and Members February 5, 1988
of t city Commission SUBJECT
Proposed Dade County
Charter Revision
FROM. L Do herty REFERENCES: Report
C ty Attorn y
ENCLOSURES: (3)
For your information and reference, we are enclosing a co
of the proposed Dade County Charter Amendment(s) (Attachment #13
being voted upon at the March 8, 1988 Election. Highlights of
the proposed amendment(s) are accurately expressed in the two
page December 15, 1988 Memorandum from the County Attorney.
(Attachment #2.) We have reproduced and are attaching the
currently existing County Charter (Attachment #3 consisting of 40
pages in pamphlet form together with an exhaustive 23 page
alphabetical subject index.) With the attachments in hand, you
will be able to easily refer to the particular section or subject
matter sought to be amended.
One of the proposed amendments deals with the County's
placement and/or treatment of employees from municipalities in
those instances where municipal functions are taken over by or
merged with the County. We are requesting that the Finance
Department and the Department of Personnel Management furnish you
with a factual or historical account 'covering past Miami -Metro
mergers of functions; e.g. bridges, library, water and sewers.
and the City Court. Their report should cover both the aspect of
civil servioe status and the pension program membership
privileges and benefits previousl afforded by the County to City
employees in positions affected yby those previous mergers. For
convenience, we have highlighted the text in the attachments
which refers to the transfer of such employees: Proposed
Amendment (Attachment 41). pp. 18-17; Existing Charter
(Attachment #3). p. 23. 1n this regard, Mr. Ginsberg states with
regard to Civil Service status: "Merged employees are treated the
same as County employees in terms of salary and benefits. The
existing Charter protects former municipal employees from the
loss of accrued civil service rights and privileges." With
respeot to pension rights, he notes that, "Similarly, merged
employees will be placed into the Florida Retirement System the
88-17 i
SS-178
i
Mayor and Members of February 5, 1988
the City Commission page g
same as other County employees, unless the former municipal
employer continues to provide funds for increased pension
benefits."
We are presently researching the question of the legality of
any expenditure of City monies to fund the cost of disseminating
literature and material to inform City citizens about the impact
of the amendments upon the interest of the City. Our effort will
be directed to a determination of the extent to which the City
may spend monies in support of or in opposition to the adoption
of the proposed amendment.
LAD/RFC/bss/P503
co: Cesar R. Odio. City Manager
Natty Hirai. City Clerk
Carlos R. Garcia, Finance Director
Angela R. Bellamy, Director
Department of Personnel Management
88-1'7'7.
R8-1'78
Acenaa It M No. (e)
12-15-87
RESOLUTION NO. 1669-87
RESOLUTION CALLING SPECIAL ELECTION TV DADE
COUNTY, FLORIDA, TO BE HELD IN CONJUNCTION
WITH THE PREStDENTIAL PREFERENCE PRIMARY ON
TUESDAY, MARCH 8, 1988, FOR THE PURPOSE OF
SUBMITTING TO THE ELECTORS OF DADE COUNTY,
FLORIDA, THE QUESTION OF WHETHER THE DADE
COUNTY HOME PULE CHARTER SHOULD BE AMENDED TO
PROVIDE FOR, AMONG OTHER THINGS, REVISIONS
TO: THE CITIZENS' BILL OF RIGHTS; THE COUNTY
COMMISSION'S POWERS, PROCEDURES AND
ELECTIONS: THE POWERS OF THE COUNTY MANAGER:
THE ORGANIZATION OF THE COUNTY'S
ADMINISTRATION: THE TRANSFER OF MUNICIPAL
EMPLOYEES; THE PROCEDURES FOR CREATION AND
ABOLITION OF MUNICIPALITIES; THE PROCEDURES
FOR INITIATIVE, REFERENDUM AND RECALL; THE
PROCEDURES FOR THE AMENDMENT OF THE CHARTER;
AND-VA$IOUS TECHNICAL AND PROCEDURAL MATTERS
WHEREAS, the Board of County Commissioners has considered
various revisions to the Charter of Metropolitan Dade Countv; and
WHEREAS, the Board of County Commissioners, in compliance
with Section 8.07 of the Dade County Home Rule Charter, has
determined to submit this proposal to the electors and to call an
election on whether or not the aforesaid Charter revisions should
be enacted,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF DADE COUNTY, FLORIDA:
1 -
Section 1. A county -wide special election is hereby
called and shall be held in Dade County, Florida, in conjunction
= with the presidental preference primary on Tuesday, March 8,
1988, for the purpose of submitting to the qualified electors of
Dade County, a proposal For revisions to the Home Rule Charter in
the form attached hereto and made a part hereof.
Section 2. Notice of such special election shall be
= published in accordance with Section 100.342, Florida Statutes
1985.
Section 3. The result of such special election shall be
..determined by a majority of the qualified electors of Dade County
voting upon the proposal. The polls at such special election
shall be open from 7:00 a.m. until 7:00 p.m. on the day of such
special election. All qualified electors of Dade County,
i
88-17 7.
8S-i'7£
ATTACHMENT #1
auostitute
Agenda It'p No. 2 (e)
Page No.
Florida, shall be entitled to vote at said special election. The
County registration books shall remain open at the Office of the
Dade County Supervisor of Elections until thirty (30) days prior
to the date cf such special election, at which time the
registration books wil: close in accordance with the provisions
of the general election laws. Votomatics shall be used in such
special election, and the question shall appear on the votomatic
in substantially the following form:
HOME RULE CHARTER REVISIONS
L
LZ L.
SHALL THE DADE COUNTY CHARTER BE AMENDED TO
PROVIDE FOR, AMONG OTHER THINGS, REVISIONS
TO: THE CITIZENS' BILL OF RIGHTS: THE COUNTY
COMMISSION'S POWERS, PROCEDURES AND
ELECTIONS; THE POWERS OF THE COUNTY MANAGER;
THE ORGANIZATION OF THE COUNTY'S
ADMINISTRATION; THE TRANSFER OF MUNICIPAL
EMPLOYEES; THE PROCEDURES FOR CREATION AND
ABOLITION OF MUNICIPALITIES; THE PROCEDURES
FOR INITIATIVE, REFERENDUM AND RECALL; THE
PROCEDURES FOR THE AMENDMENT OF THE CHARTER;
AND VARIOUS TECHNICAL AND PROCEDURAL MATTERS?
YES
NO
Q
Section 4. Such question shall appear on the votomatic
ballot ds a separate question or proposal. Those qualified
electors desiring to adopt or approve such Charter revisions
shall be instructed to punch out the black dot on the ballot card
immediately opposite the number on the ballot page designated
"YES". Those qualified electors desiring to reject or disapprove
the revisions shall be instructed to punch out the black dot on
the ballot card immediately opposite the number on the ballot
page designated "NO".
Section 5. Absentee paper ballots may be used by
qualified electors of Dade County for voting on these proposed
Charter revisions at said special election. The form of such
absentee ballot shall be in accordance with the requirements
prescribed by the general election laws, and shall have printed
thereon the question or proposal hereinabove set forth, with
88-1 7.
RA-17R
agenda it No. 2 (e)
t Page No.
proper place for voting either "YES" or "No" following the
statement of the question or proposal aforesaid.
Section 6. A sample ballot showing the manner in which
the question or proposal aforesaid will appear on the votomatic
at this special election shall be published and provided in
accordance with the applicable provisions of the general election
laws.
Section 7. This special election on the proposed Charter
amendment aforesaid shall be held and conducted in accordance
with applicable provisions of the general laws relating to
special electi'ms_ and the provisions of the Dade County Home Pule
Charter. The County Manager# the Finance Director, the
Supervisor of Elections and the Clerk of the County Commission
are herebv authorized and directed to take all appropriate
actions necessary to carry into effect and accomplish the
provisions of this resolution. This special election shall be a
nonpartisan election. Election Inspection Boards, inspectors and
clerks to serve as election officials in connection with this
special election shall be appointed in accordance with the
provisions of the general election laws.
Section 8. This special election shall be canvassed by
the County Canvassing Board, in accordance with the provisions of
Section 2.07 of the Home Rule Charter.
The foregoing resolution was offered by Commissioner
, who moved its adoption. The motion
was seconded by Commissioner , and upon
being put to a vote, the vote was as follows:
Barbara M. Carey
Clara oesterle
Beverly B. Phillips
James F. Redford, Jr.
Harvey Ruvin
Barry D.Schreiber
Jorge E. Valdes
Sherman S. Winn
Stephen P. Clark
88-1. 77.
88-176.
Agenda z jR No. 2 (e►
Page No.
—i
1
The Mayor thereupon declared the resolution duly passed and
adopted this 15th day of December, 1987.
DADE COUNTY, FLORTDA
BY tTS BOARD OF
COUNTY COMMTSStONERS
RTCHARD P. BRTNKER, CLERK
Approved by County Attorney a��
to form and legal sufficiency.-=' Deputy C erx.
88-17%.
88-176
DADE COUNTY HOME RULE CHARTER
CITTZENS' BILL OF RTGHTS1
(A). This government has been created to protect
the governed, not the caovernina. Tn order t-
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:
1. Convenient Access. Every person has the
right to transact business with the Countv
and the municipalities with a minimum of
personal inconvenience. Tt shall be the duty
of�the County Manager and the Hoard of County
CoEhsajoners to provide, within the County's
budget +limitations, reasonably convenient
times and places for registration and voting,
for required inspections, and for transacting
business with the County.
3. Public Records. All Countv and
municipal audits, reports, minutes, documents
and of er public records, as defined by law,
ef-�.�e--2ee~rrer-��d--tint-s+ns�=e=pn
their including those of Countv and municipal
boards, agencies, departments an authorities
shall be open for inspection at reasonable
times and places convenient to the public.
7. No Unreasonable Postponements. No
matter once having been placed on a formal
agenda by the County or any municipality
shall be postponed to another day except for
good cause shown in the opinion of the eauntr
Commission, the municipal council or other
governmental entity or agency conducting such
meeting, and then only on condition that any
person so requesting is mailed adequate
notice of the new date of any postponed
meeting. Failure by an individual to receive
such notice shall not constitute mandatory
grounds for cancelling the hearing or
rendering invalid any determination made at
such hearing.
8. Right to Public Hearing. Upon a timely
request of any interested party a public
hearing shall be held by any County or
municipal agency, board, dgpartment or
authority upon any significant policy
decision to be issued by it which is not
subject to subsequent administrative or
legislative review and hearing. This
lwords stricken through shall be deleted. Underscored words
constitute the amendment proposed. Remaining provisions are now
in effect and remain unchanged.
88-IL 77
98-i'78.
provision shall not apply to the bew
Department-ed-tie County Attorney or of any
municipality, not to any body w5ose duties
and responsibilities are solely advisory.
At any zoning or other hearing in which
review is exeinstvtsy-br-eertierers=
orovided by the Florida Rules of Appellate
Procedure, a party or hts the cartes s counsel
shall be entitled to present hte the partv's
case or defense by oral or documentary
evidence, to submit rebuttal evidence, and to
conduct such cross-examination as may be
required for a full and true disclosure of
the facts. The decision of any such agency,
board, department or authority must be based
upon the facts in the record. Procedural
rules establishing reasonable time and other
limitations may be promulgated and amended
from time to time.
iL
L
10. Managers' and Attorneys' Reports. The
eounty Manager and County Attornev and each
Scity Mmanaaer and ecity Aattornev shall
periodically make a public status report on
all major matters pending or concluded within
their respective jurisdictions.
11. Budgeting. In addition to any budget
required by sState statute, the eounty
Manager shall prepare a budget showing the
cost of each program for each budget year.
Prior to the Canny Commission's first public
hearing on the proposed budget required by
1 sState law, the County Manager shall make
public a budget summary setting forth the
proposed cost of each individual program and
reflecting all major proposed increases and
decreases in funds and personnel for each
programT and the purposes thereforeT. For
each fund receivinc crooerty tax revenues,
the summary shouid Mc u e the estimate
required millaqe ease-ef-each-program and the
— mount —of any contingency and carryover funds
fer-each-program.
iC:--@esarter�Y--Cadget--Cemparisens---- The
6eanty-llnnsger-e�n��-�neke-pebiy.�-�-�•:� _•�.: �,
repent-shew*nq-the-aetua*-expenditures-during
the-geerter-4tst-ended-against-ene-gnerter-of
the-proposed-ennuai-expenditures-set-Berth-in
the-4mdgetz-- Sach report•-si�re�l--s-reffeet
the -ease a weistive -whatever
portion-er-tl�e-siseei-Year-that-has-eiapsedr
+ST 12. Adequate Audits. An annual audit of
the ounty and each municipality shall be
made by an independent certified public
accounting firm in accordance with generally
accepted auditing standards. A summary of
the results, including any deficiencies
found, shall be made public. In making such
audit, proprietary functions shall be audited
separately and adequate depreciation on
proprietary facilities shall be accrued so
the public may determine the amount of any
direct or indirect subsidy.
88-17'7.
2
s
52,
+f: 13. Regional Offices. Regional offices
of tg—eCounty's administrative services ekes}
mav be maintained at locations in the County
for the convenience of the residents.
+Sr 14. Financial Disclosure. The
ommission shall by ordinance make provision
for the filing under oath or affirmation by
all County and municipal elective officials,
candidates for County and municipal elective
offices, such employees as may be designated
by ordinance, and such other public
officials, and outside consultants who
receive funds from the County or
municipalities within the County and who may
legally be included, of personal financial
statements, copies of personal Federal income
tax returns, or itemized source of income
statements. Provision shall be made for
pre`psting and keeping such reports current
from time to time, and for public disclosure.
The Commission shall also make provision
for the filing annually under oath of a
report by full-time County and municipal
employees of all outside employment and
amounts received therefrom. The eeunty
Manager or any Fcity Mmanager may require
monthly reports from individual employees or
groups of employees for good cause.
i6- 15. Representation of Public. The
Commission when it deems necessary shall
endeavor to provide representation at all
proceedings significantly affecting the
Countv and its residents before State and
Federal legislative and regulatory bodies.
« « «
ARTICLE-1
BOARD OF COUNTY COMMISSIONERS
SECTION 1.01. POWERS.
A. The Commissioners shall
be the legislative and the governing body of the
eCounty and shall have the power to carry on a
central metropolitan government. This power shall
include but shall not be restricted to the power
to:
3. License and regulate taxis, jitneys,
limousines for hire, rental cars, and
other passenger vehicles for hire
operating in the eCounty.
5. Prepare and enforce comprehensive plans
for the development of the eCounty.
6. Provide and maintain hospitals and
3
88-17'7.
R8-178.
- �o
ON Om
uniform health, and welfare, and human
services programs.
8. Promote, Sestablish, and administer and
maims housing, slum clearance, urban
renewal, community and economic
redevelopment, conservation, r cod and
beacn erosion control, air pollution
control, environmental aualitv control,
and drainage programs and cooperate with
governmental agencies and private
enterprises in the development and
operation of these programs.
10. Levy and collect taxes and special
assessments, borrow and expend money and
'sue bonds, revenue certificates, and
other obligations of indebtedness in
such manner, and subject to such
limitations, as may be provided by law.
The Commission may establish working
capital, revo viva, pension, or trust
funds and may orovi a that exeenditures
rpm such funas can be made -without
specific appropriations.
11. By ordinance, establish, merge, and
abolish special purpose districts,
municipal service taxing or benefit
units, or of er districts. wtt sn- eb
MaY--ee--p--- --ps roe-� --fire
preteetienT--beaeh--erosion--eentre*T
recreation--%n�s.3dt�ss�-**e*�r-etreetsz
sidewaiksT-+! !--Xightingr-+caste-mod
-` g
seMa a-- -----_ _:_----=nd--di-sposalo,
drainageT-end-ether-essentia+-feei*ities
and- yes. All eCounty funds for
such districts shall -be provided by
service charges, special assessments, or
general tax levies within such districts
only. The Beard-ef-eaunty Commissioners
shall be the governing body of all such
districts and when acting as such
governing body shall have the same
jurisdiction and powers as when acting
as the Beard Commission; provided,
however, the Beare--:;:I6--6eunty
Commissioners shall not be the governing
body of the Metro -Dade Fire and Rescue
Service District established by
Ordinance No. 80-86, but said Fire and
Rescue Service District shall be
governed by five members elected for
initial terms of two years by the
registered voters of the Metro -Dade Fire
and Rescue Service District.
13. Adopt and enforce uniform building and
related technical codes and regulations
for both the incorporated and
i unincorporated areas of the eCounty;
provide for examinations for contractors
and all parties engaged in the building
trades and for the issuance of
88-177.
—� 4
'9k
certificates of competency and their
revocation after hearing. Such
certificates shall be recognized and
reQ_uired for the issuance of a license
in all municipalities in the eCounty.
No municipality shall be entitled to
reouire examinations or any additional
certificate of competency or impose any
other conditions for the issuance of a
municipal license except the payment of
the customary fee. The municipality may
issue building permits and conduct the
necessary inspections in accordance with
the uniform codes and charge fees
therefor.
14. Regulate, control, take over, and grant
franchises to, or itself operate gas,
light, power, telephone, and other
utilities, sanitary and sewage
"Legilection and disposal systems, water
supply, treatment, and service systems,
and public transportation systems,
provided, however, that:
(a) Franchises under this subsection
may only be granted by a two-thirds vote
- of the members of the Beare Commission
present and approved by a majority vote
of those qualified electors voting at
either a special or general election.
(b) The eCounty shall not operate a
light, power, or telephone utility to
serve any territory in the eCounty which
is being supplied with simirar service
except by a majority vote of those
qualified electors voting in an election
held not less than six months after the
Beard Commission has passed an ordinance
to that a fact by a two-thirds vote of
the members of the Beard Commission
present. Such ordinance shall contain
information on cost, method of
financing, agency to regulate rates,
agency to operate, location, and other
information necessary to,. inform the
general public of the feasibility and
practicability of the proposed
operation.
15. Use public funds for the purposes of
promoting the development of the
eCounty► including edverteeinq marketing
oT the area's advantages.
17. Enter into contracts with other
governmental units within or outside the
boundaries of the eCounty for joint
performance or performance by one unit
• in behalf of the other of any authorized
function.
18. Set reasonable minimum standards for all
governmental units in the eCounty for
the performance of any seiviice or
function. The standards shall not be
discriminatory as between similar areas.
fl8-17'7.
5
Tf a governmental unit fails to comply
with such standards, and does not
correct such failure after reasonable
notice by the Beard Commission, then the
Beard Commission may take over and
perform, regulate, or Grant franchises
to ooerate any such service. The Beare
Commission may also take over and
operate, or grant franchises to operate
any municipal service if:
(a) In an election called by the Beard
"f-1�ehty Commissioners within the
municipality a maiority of those voting
vote in favor of turning the service
over to the eCounty; or
(b) The governing body of the
municipality requests the eCounty to
take over the service by a two-thirds
'z vote of its members, or by referendum.
19. 4Q} By ordinance, abolish or •
consolidate the-effiee-ef-eeneteb*esT-er
any eCounty office created by the
Legislature, or provide for the
consolidation and transfer of any of the
functions of such officers, provided,
however, that there shall be no power to
abolish the Superintendent of Schools
bile-on, or to abolish or
impair the jurisdiction of the Circuit
Court or to abolish any other Court,
provided by the Constitution or by
general law, or the judges or clerks
thereof.
20. Make investigations of eCounty affairs,
inquire into the conduct, accounts,
records and transactions of any
department or office of the eCounty, and
for these purposes require reports from
all eCounty officers and employees,
subpoena witnesses, administer oaths,
and require the production of records.
21. Exercise all powers and privileges
granted to municipalitiesT and municipal
officers, countiesT and eCounty officers
by the Constitution and —laws of the
estate, and all powers not prohibited by
tWie Constitution or by this Charter.
23. Perform any other acts consistent with
law which are required by this Charter
or which are in the common interest of
the people of the eCounty.
24. Supersede, nullify, or amend any special
law applying to this eCounty, or any
general law applying only to this
eCounty, or any general law where
specifically authorized by the
Constitution.
B. No enumeration of powers in this Charter
shall be deemed exclusive or restrictive and the
foregoing powers shall be deemed to include all
6
88'-177.
88-178.
,.4
OM
implied powers necessary and proper to carrying
out such powers. All of these powers may be
exercised in the incorporated and unincorporated
areas, subiect to the procedures herein provided
in-eerteir�-eeeee-re�etsne-te-mnniespe�itiee.
C, The Beard Commission shall have the
power of eminent domain and the right to condemn
property for public purposes. The Beard
Commission shall make fair and just compensation
for any properties acquired in the exercise of its
powers, duties, or functions. The --Beare
she��-epee-prev4eie-far-tke-eeenieitien-er-treeeier
ef---tivr-payments- tribsr=--at-esker
�aeiefeetien-t€-t - ,- -the-preteetserr-ef
peneien--ri-q�-e�--r.tfe��-e!s�pieyees -of--a-nv
gevernmenta�-�ss�it-��rit�r--i-s--�erac�r-ees�ee�idetee=
er-ebeii-shed ehall" ed--or
funetsene-er-pewere-transsereedr
L
D. "-fte Beard Commission shall be entitled
to levy in the unincorporated areas all taxes
authorized to be levied by municipalities and to
receive from the aState any revenues collected in
the unincorporated areas on the same basis as
municipalities.
SECTION 1.02. RESOLUTIONS AND ORDINANCES.
A. The Beard Commission shall adopt its own
rules of procedure and sl EalMecide which actions
of the Beard Commission shall be by ordinance or
resolution, except as otherwise provided in this
Charter and except that any action of the Beard
Commission which provides for reieiaq-»+t
apprepr=attag--xxl�;-er incurring indebtedness
(other than refunding indebtedness), or which
provides a penalty or establishes a rule or
regulation for the violation of which a penalty is
imposed shall be by ordinance.
C. At the time and place so advertised, or
at any time and place to which such public hearing
may from time to time be adjourned, the ordinance
shall be read by title and a public hearing shall
be held. After the hearing the Beard Commission
may pass the ordinance with or without amendmenF7.
D. The Beard Commission may adopt in whole
or :n part any published eede document- by
reference as an ordinance in the manner provided
by law.
F. To -meet Upon a finding by the Commission
of the existence of a pub is emergency affecting
the life, health, property, or public safety_
social welfare or fiscal intecrity of the Countv
or its citizens
vote of the members of the Beard Commission may
adopt an emergency ordinance at t e-meeting at
which it is introduced, and may make it effective
imtaediate lyT-except-t�et-eo-e�-ardifraxere�r�e
used - te- 3e%-f- texeh-
er-e�stkeriie-the- berrewinep-ef-monev. After the
adoption of an emergency ordinance, the Beard
SS-1'7'7.
7
SS-1'7&_
C.ommission shall have it published in full within
ten days 13'—in a daily newspaper of general
circulation.
H. Within- tMe-!Ieete-3+t�!s+-ati0Vtirtxr0(--tJ
charter-tThe Beard Commission shall have-erepeeed
maintain a eeRera} current codification of Q}}
eCounty ordinances. eRd-�+esa�trrirtxrs--ka�sRp~-+fie
esf eat-ers--haw---�e--q�x��-eedidieetier:--t�hers
prepared-she}}-be-edeeted-bd-tl�e-Beard-iR-a-sine}e
erdinanee---Aftee-ie1-4te•-Bottr6r-aka}}-have
the--eetir�ieati�.n�--�rr'isrcee-
appreeriate-men,nev �+ l--ehe•and
enei�--rtrleerreed- ►�--as--tyre--Beard--ay
direct---?�ddstseRa-errameRdmercts-te-the-cede-sAa}}
be-preeered=-edepte7--aged--pei�rtea-�- cast-eeer�r
two -Tearer
SECTION 1-.4 3. DISTRICTS.
A. There shall be eight eauRty Commission
districts. �Ke--i�ti-�ie"�-�■ies-ref--these
districts-she}}-be-as-skeKR-eR-tire-map-ettaei�ed-as
8xkibit-A-end-made-e-pert-bereefr
B. The Beard Commission may by ordinance
adopted by two-thirds vote oz the members of the
Beard Commission change the boundaries of the
districts from time to time. The boundaries shall
be fixed on the basis of the character,
population, and geography of the districts.
SECTION 1.04. COMPOSITION OF THE BAARD
COMMISSION.
The Beard Commission shall consist of nine
members elected as o ows:
1. From each of the eight districts there
shall be elected by the qua}sfsed
electors of the eCounty at large a
eeenty Commissioner who shall be a
qua}shed an elector residing within the
district at least six months and within
the eCounty at least three years before
qualifying.
2. There shall be elected by the gese}sfsed
electors of the eCounty at large a Mayor
who shall be e-e-- an elector
residing within the eCounty at least
three years before qualifyinq. The
Mayor shall also serve as a member of
the Beard Commission and shall be
subject to all restrictions provided in
this Charter applying to all other
Commissioners.
Beginning with the eState pPrimary eElections
in 1968, the Mayor and each Commissioner shall be
elected for a term of four years.
13e-1'77.
8
813-178=
Ar
SECTION 1.05. FORFEITURE OF OFFICE.
A. Any member of the aeard--£eas�tq
Commissioners who ceases to be a cualified voter
of the eCounty or removes himself from the eCounty
or the from his or her Commission district_-frem
which-he-waa-+-iee.�teds or who fails to attend anv
meetings of the Commission without good cause for
a period of six consecutive months, shall
immediately forfeit hts the office of
Commissioner. the--4"er
rereaessta--gi:tl-i--edee--ismi,iy---?r!ia
effieer
B. Any elected or appointed eCounty
official who holds any other elective office,
whether (Federal, eState or municipal, shall
forfeit his the eCounty position, provided that
Es
of provisionof this subsection shall not apply
to any"'*tcials presently holding such other
office during the remainder of the present terms.
C. Any appointed official or employee of
Dade County who qualifies as a candidate for
election to any fFederal, aState or municipal
office shall immediately take a leave of absence
from his-er-fier such eCounty position until the
date of the election and shall, if elected,
immediately forfeit his--ei&--her such eCounty
position. tf the candidate is not effected, he-er
she the candidate shall immediately be reinstated
to his-er- eF —such former position.
SECTION 1.06. SALARY.
Each eaunty Commissioner shall receive a
salary of $6,000 per year payable monthly and
shall be entitled to be reimbursed for such
reasonable and necessary expenses as may be
approved by the Beard Commission.
SECTION 1.07. VACANCIES.
Any temporary or permanent vacancy in the
office of —Mayor or t to -et er-members-ef-tote-$enrd
Commissioner shall be filled by majority vote of
t e remetntnq members of the Beard Commission
within 30 days, or the Beard Commission shall call
an election to be held not more than 45 120 days
theseefter-te-fi33--die-rt�eesxv from the acute the
vacancy was created. The person chosen to fill
the of ice vacated must at the time of appointment
meet the residence requirements for the office to
which such person is appointed. A person
appointed shall serve only until the next
eCounty-wide election. A person, elected shall
serve for the remainder of the unexpired term of
office. if Upon a majority of the members of the
Commission Beard-ehea+d-betesme becoming appointed
rather tan elected to office, ten the Beard
Commission shall forthwith call an election to be
held net -mere-t�hee�-- _..___- _ __= within 120
days to permit the registered electors to elect
eCommissioners to---s oceed--t*e--appo*nted
eesssiesieRere�-eppeiated-eeaueis'4eners-s+ev-sdeeeed
then+se*ves-imvi o&-etherwsse--by-tqe
eherter. If a eCounty-wide election is scheduled
to be held within 180 days from the date on -which 88^177 �
9 138-178
/I
W
ON
the-tta�erity-erfi-t±-:.eRbeii a -ef-the-Beasd Beard
appeintiver on which a maioritv of the members o
the Commission becomes. appointed, the Beare
Commission may a*eet--to deter the recuired
erection until the scheduled eCounty-wide
election.
SECTTON 1.08. ORGAN:ZATTON OF THE B9KRa
COMMISSION.
The Mavor shall be eheirman Chairperson of
the Beard Commission. The Beard Commission shall
select a vier-enasrmare vice -chairperson who shall
serve at the pleasure of the seat; Commission and
who shall be known as Vice Mayor. The -Clerk of
the Circuit Court or his a deputy clerk shall
serve as clerk of the Beare2 Commission. No action
of the Beard Commission shall be taken except by a
majority vote of those present in compliance with
its rul%or such other vote as may be recuirea bv
State Jawp-this Charter or by or finance. at-.n
meeting-ee-vemeh--e- �t-tl�e-Eemn►seaiewers
there-ire-effiee-is-prese-nev All meetings shall be
public.
SECTION 1.09. MAYOR TO REPORT TO CITIZENRY.
The Mayor shall prepare and deliver a report
on the state of the County to the people of the
County between November 1, and January 31
annually. Such report shall be prepared after
consultation with the eennty Commissioners and the
eeenty Manager.
ARTICLE-2
ELECTIONS
SECTION 2.01. ELECTION AND COMMENCEMENT OF TERMS
OF eGVN PV COMMISSIONERS.
A. Unless otherwise provided in the
Charter, beginning in 1976, the election of the
Mayor and the ecunty Commissioners from four
eounty Commission districts to be selected by
voluntary arrangement or by lot prior to June 1,
1976 shall be held at the time of the aState
pPrimary eElections in 1976 and every fouF years
thereafter at the same time. The County
Commissioners from the other four eeunty
Commission districts shall also be elected in 1976
in the same manner, but only for two year terms;
the election of eanney Commissioners from these
four eaunty Commission districts will be held
again in 1978 and every four years thereafter at
the time of the ;State pPrimary eElections.
B. A candidate must receive a majority of
the votes cast to be elected. If no candidate
receives a majority of the votes cast there will
be a runoff election at the time of the sState
sSecond pPrimary eElection between the two
candidates receiving the highest number of votes.
Should a tie result, the outcome shall be
determined by lot.
10
fl8-17'7'.
88-4 78
OM
C. Except as otherwise provided in this
Charter, the terms of office of the Mayor and the
other eaunty Commissioners shall commence at the
first Commission meeting after the certificat o
of the election. en- eeeene-•+••••_•.•-Rext
pris+arY-e*eet ea
58e�P=8N-3T99---Bi�Be��2N-AP-eAE3N�i�-F9HH465�AN8RS
�963T
SECTION eT93T 2.02. NONPARTISAN ELECTIONS.
All elections for Mayor and the other members
of the Beard Commission shall be nonpartisan and
no ballt-.shallshow the party designation of any
candidate. No candidate shall be required to pay
any party assessment or state the party of which
he the candidate is a member or the manner in
which he th-candidate voted or will vote in any
election.
SECTION 9T94T 2.03. QUALIFICATIONS AND FILING
FEE.
All candidates for the office of Mayor or
eeaRtg Commissioner shall qualify with the
Supervisor of Elections during the state
the-Eisen=t-Eeesrt-ae-eart=er-thaR-the-63rd-daY-eRd
ne-3nter-theee-�roosrbn--�lr-49�k-deY-prier-too-t
date-ef-the-e*eetion-at-whieh-he-is-e-eandidete in
accordance with the method provided by State law
or bv reso ution, erdinenee-r and shall pay a
fillinq fee $300. All filing fees shall be paid
into the general funds of the eCounty.
SBeT*9N-9T99T--4NVAfi*9*Tf-
-----Repeetieei-�-speci�--eieetserr-
�963T
SECTION 9T96T 2.04. ADDTTIONAL REGULATIONS AND
STATE LAWS.
A. The Beard Commission may adopt by
ordinance or resolution any additional regulations
governing elections -not inconsistent with this
Charter.
B. Except as otherwise p;ovided by this
Charter or by ordinance or resolution adopted
hereunder the provisions of the election laws of
this gState shall apply to elections held under
this Charter.
SECTION ir$;r 2.05. CANVASSING ELECTIONS.
All elections under this Charter shall be
canvassed by the County Canvassing Board as
provided under the election laws of this gState.
11 198--1. 7'7':
88-1'78
c
ARTtCLE-3
THE COUNTY MANAGER
SECTION 3.01. APPOINTMENT AND REMOVAL.
The Begird--a-Fearer~ Commissioners shall
appoint a Eeantr Manager who shall be the chief
executive officer and head cf the administrative
branch of the eCounty Government. The Beard
Commission shall -fix the Manager's compensation,
an the Manager he shall serve at the will of the
Beard Commission.
SECTION 3.02. QUALIFICATIONS.
The Manaqer shall be chosen by the Beard
Commission on the basis of his executive and
a ini%trative qualifications. At the time of his
appointment he the Manager need not be a resident
of the estate. No eaunty Commissioner shall be
eligible for the position of Manaqer during or
within two years after the expiration of his the
Commissioner's latest term as Commissioner.
SECTION 3.03. ABSENCE OF MANAGER.
The Beard Commission may designate a
qualified administrative officer of the eCounty to
assume the duties and authority of the Manaqer
during periods of temporary absence or disability
of the Manager.
SECTION 3.04. POWERS AND DUTIES.
A. The Manaqer shall be responsible to the
Heard--o�---taoesy Commissioners for the
administration of all units of the eCounty
government under his the Manager's jurisdiction,
and for carrying out L11 po ides edepted-by and
directives of the Beard Commission. !he-Manaqer=
er--_nsh--persons--as--seelr-be -deeigneted--by
reseintiee-ef-the--Boees�;-�hai�-exeeMe�-eer�traete
and- -eeiter--i tatruments7--sign -+owed&--eyed--othes
evidenees-ef-indebtednesaT-end-seeept-preeeser
B. ledfor-b�-eirii
eer�riee-rniee-nod-e�egaietiens�-tThe Manager shall
have the power to appoint_ and suspend, remove or
discharge with or without cause all admtnsstratsve
department heeds directors, of--the--majer
departments-ef-the-eeuntyT-to-witr--vex-Eeiieeter=
�PasK--r�ssesserT--Bepartsserrt--QF--Ptrblri�-i�orks-,
Bepartment-e#- -&n&-fieninq
Bepartment-r--ems-- t�--- Pfnenee
Bepartment7- POVII Ond-Reesentioe--D -and
Interne+- Andi ting-0epawtem except that before
any such appointment shall become effective, the -said
appointment it must be approved confirmed by the
eaunty Commission. end-if-the-e*+*se-y.�-
tbe-eaid-eppei�ttmes�t-e��-be-�roiei
eaeh--el�eii--be--disapproved-fir--the
eedneY-Eemmisaie s-the-rtpporishaki-fos+thv*th
beeeme-rteri3--+art}-void-esed- tite--.spumy
Manaqer--skeii--stake--a-- - e K---or
appeintmentsz-each -bf -whichh-9h&1l--4ihewise--be
9s:bm4tted-4esr--+%--thrClouney-eemmssssienr
88-1'7'7.
12
i4
OrN
Newtrert-tht-eight-te-eesptrdi-rtmere-er-diseherge
any -ode department- beam-with-oe--xt��cx�rt-tsneeT--�
reeerred-et-e44-t3leee-tt0-t.4le--Cimmar Manager The
Manacer may appoint such assistants as may be
es or the o
C. The Manager shall have charge of t
financial affairs of the Countv.
SECTION 3.05. RESTRtCTtON ON 99ARD COMMISSION
MEMBERS.
Neither the Beard Commission nor any of its
members shall direct or request the appointment of
any person to, or his removal from, office by the
Manager of any of his the Manager's subordinates,
or take part in the appointment or removal of
officers and employees in the administrative
serviceas of the eCounty. Except for the purpose
of inquitv.., as provided in Section 1.01A(20), the
Beard Commission. and its members shall deal with
the administrative service solely through the
Manager and neither the Beard Commission nor any
members thereof shall give orders to any
subordinates of the Manager, either publicly or
privately. Any wilful violation of the provisions
of this Section by a member of the Beard
Commission shall be grounds for his the
Commissioner's removal from office by an action
brought in the Circuit Court by the State Attorney
of this eCounty.
ARTICLE-4
ADMINISTRATIVE 9RGANi$AT49N
AND PROCEDURES
SBeTfGN-4r9+r--BBPARTMBNTS
ghere--���-err-depnst�er�te--�i-+e-,
pe:'senneiT--pieeeiregT--�nwT--Bred--sneh--ether
departments- ae --by
edmireistretire--order-�f-��e-�ec�r---Ad-].
funetions-suet-_ hezwise=c===�-==1'lY-aesi�rred~-te
ethers- r-ttri-��=s = ==-- Y*&I-i-be-per fezened-"Mmles
the-supervision-ef-the-Menagerr
SECTION 4r98 4.01. ADMINISTRATIVE PR9eBBVRB
ORDERS.
The Manager shall have the power authoritv to
issue and place into effect administrative-er ers=
rulesT and regulations. In the case of
administrative actions which relate to the
organization of the County, fees and charges,
e e atzon of authority_ana responsibilities, the
Mana er s a oreoare and submit to the
Commission, tor its approval v resolution,
a inistrative orders. the--srga�ezie--eseci
eperet:nq-ps�eeeeas+e-.or.APO
e-•-�--skei*-be-met
f erth-4sr-edministretive--re;M=iatiosr=-whieh-the
Meneeer--9ire•1+-de ep?--pi aee- iiMe--effeet--by
administrative -eider a --and--sabeai!1s-te-the-woe .
Bhe-9ensd-teeYi-Orr-�c'eso�.ntiesrs-ewds-i��r=�*��--=,
rnies-ev-ra-ler-hoaevepr-roe-sueh
ofdersT-ru*es-er-regn*etien9-evesting7-mergingT-er
13
88-1'7'7':
88-1i8.
OrN
eembining- - -• enee r-3-he4-1--beeeme-
-r-
- -
anti*-epprered-by-rase*alien-ef-the-Beard:-
SECTtON 4s93 4.02. FfNANeTAfi-A9M*NfSTRAT49Ns
PURCHASES.
As---mhe- ----- --- --- --e~s--irrrarree--re33--be
iMO
Meneeers--The--sy.+rrrei - die -_are_p
ef-tke-sineneiei-affairs-ef-the-eeantys
----- 8---- en- e -before -the- date-bv
ieMT-the- esreeres--sill--rec, emsm ci-ke-tire-ikMed--e
prepesed-tmdget--e-eemete--tnan .
piers-ire*tedine-capita*-end-epereting-budgets:-far
the-enau*ng-#*seen--,ear ert�o -ire-�xKiget
shah--ire--pabiished--mmi--the--eves+e--ahe�r-�ro�d
hearinga-en-end-adept-Q-budgets
L
drawn-Bros--eim--ceufvty
treesarv--aer--sh-li--any -ebiigetien--§err►--tire
expenditure-ei-a --be- :�-iree=-emeept-pursuant
te- styon--gs-exeepe-+-het--t4 Board -may
e stab*ish-Merkine-espitsd�-ee,rerl�ris�-pesesstxrz-bs
tract-farads-end-may-provide-that-expenditures-frem
such--funds--care--b�-sRade-_•*•.-�•••••:�%••
eppreerietien---- ?he-- Beard=--br-brei��rnsec�e-,--mar
transfer-ew.- apgrapriatsosr-bnienees
er-any-pertien-thereefT-from-ene-departments-fundT
er-ageney-te-enetherT-subleet-to-the-previe*ens-ef
erdinanees--AnY-pettier-ef-the-evenings-er-ba*area
ef-the-aevera*-fundsT-ether-there-oinking-farads-far
eb*igatiens-net-yet-retiredT-may-be-transferred-to
the-genera*-fends-ef-the-eeunty-by-the-Beards
BsA. eentreets-4&L%-pesbri-e-dsepirevemeate--ss:d
Construction awards, and purchases of supplies,
materials, and services_ other than professional_
shall be made whenever practicable on the a
competitive basis ef---see---aad -
ee—p to itiYe-bids. Formal sealed bids or proeosals
shall be secured for all such contracts and —
purchases when the transaction involves more than
the minimum amount established by the Beevd-ef
- eeanty Commissioners by erdinenee administrative
order. The transaction shall be evidenced y
written contract oother appropriate document
submitted and approved by the Beard Commission.
The Beard: Commission, upon written recommen ation
of the Manager, may by resolution_ adopted by two-
thirds vote of the members present, waive the
competitive bidding process when it finds this to
be in the best interest of the eCounty.
ErB. Any eCounty official or employee of the
eCounty who has a special financial interest,
direct or indirect, in any action by the Beard
Commission shall make known th4it interest and
shall refrain from voting upon or otherwise
participating in such transaction. Wilful
violation of this Section shall constitute
malfeasance in office, shall effect forfeiture of
office or position, and render the transaction
voidable by the Beard Commission.
Pa---S"eh- _ = = - _ _= aced--ee+p_ ee±- -the
eaunty-es-the-Beard- May- des
ie�rnttshs-l3-gr'i�re-fined
in-thee--eel-Nrtl'e-the-eeseetY-psreri�ed--by
14
88-1'7'7�
98—V8
the-teards--the-bend-premsnerv-'ha}}-be-pasd-by-the
eenRt�-
SECTION 4.03. EXTERNAL AUfltTS
6s At the end of each fiscal year the Beard
Commission shall provide for an audit by an
independent certified public accountant designated
by the Beard Commission of the accounts and
finances of the eCounty :or the fiscal year ;ust
completed.
t�----the-Resdget-eemmieeiea-erected-by-Fhapter
2i894=-aaMs-ef-P}ersde=-i943r-ie-hereby-ebe}ivhed:
atfd-f�-�}R�4-si�nd3--sxr-i es�erer--bey-ef --esry
effeet-
see��eN-�-94--�ssEss�er��-�Ne-Fe��se��eH-e�-m�,�es-
L
As 9egianirrg-�rith--tyre--tax -year--345-1-;--sire
eenrrty-tax-reide- ae�ed--b -t� -voe n ty-91ta}}-be
the-e9Ay--lege3--t-ex-rcr�l�-be-th=e-eeus�t�►--f�-ti:e
ayseevmeet-and-ee4�eetien-erf-�.�esrd 1
taxes:--£tf--eaftee- qmmkwipaiity
saveeear-er-prepare-en-nd-era-iese�-te�c-toi3----�cah
r�nRieipee}itY-e�re3i-tiwntrisrtse--fir-the -r}gkt-te
adept to--vww bedge�rr-fix-ite--vwrr-sRr�izx�re�--erne
levy- its iit -ahe}}
eeettiy-its-*evies-te-the-eenney-Reneger-not-later
them-? 8-da�rs-efrter-t4rr e.��t�e�rroi-le--ire�re--be esr
firta}iy-sppse�red-�-t�t�-9o�rc}:--e�-renRieipniit7
may-ebteia-e-eepy-ef-this-tax-reii-npeR-pn1rmeeet-ef
the-eest-ef- preparing- -such --e--crGWrand -eepires-ef
the- t!an-reii9--stye-11 -be--eve M! 1 _-'_ 1 e -fee-�trbi-ic
savpeet=ea-et-seeeeneb3e-t�+tmen.----jheviiM-fie
assessed-wasiuetien-ef-,each-rpase�-vf-
be-prepared--mkd made-avaiiabie-fes��-ea-the
pubiie-at-a-reasenab}e-priees
8s--- Aii-a-panty-end- -tepee -Eks-r-the
tax- year 961 and- &R
enbsegnent-t�yenrs•,-�treii--br-eeiieeted-�-c�e
eeunty-en-�r-bill prepare-and-eene-ant- -tare
eenRtYs--lhe-esrennty-ef-eennty-acid-mnnieipe}-taxes
shei}-be- shown es- leper ate M to a - and -may -b,.--
vepereteITT
es --- eeiinquent- 1--taitee--9kaHi-t!e
eeiieeted-ire-tire-ene—debi-n uesrt--county
taxevs
es---eii-tiee-t��e!•es!+*!�--ee•�lrtc�ted-fir-ear_
�nRieipa}itY-�n-i.�-be----..------s�t:lrl�+►-br--tie
eenrrty-te-the-mnRieipe}itYs
SECTION 4:A5s 4.04. RNFARTHM-eP PERSONNEL.
A. ghe-�ee►rd-ef-£ennt�r-tmrie�-H
estabiieh--are&-lreerintaif�r- per --. n.-snA--eiri}
serviee=-retirements-Bred-group-insuranee-pvegramss
The personnel system of the eCounty shall be based
on merit principles in order to foster effective
career service in eCounty employment and to emplov
those persons best qualified for eCounty services
which they are to perform.
is
98-1%8.
?-1
8s---eke--C-otlear-?ranges•-ekai�--appt�is�t--e
persenaei-diteetes'who --sheil mead•-bke-depertnent
administer --the - remn- el- and -ewi4--serviee
preerame--esid--ter-r�ries•- sYrirrg�--t4e�---
'tandards-ei-lie�'l-ei�egi'Q!-�J�'ln��-Tlet-Abe-�'e+sTHf1
these-trevaiiinq-at-the-time-ef-the-effeetive-date
ef-t!4is-Charters
8----Bxeept--�--?��e+ri-s--8hepter
3 9 � 5 = - - �ereeee<d- sews- - -iA� r - e s - tt- •o.••_v -oar - t h e
offeetive-date--vC- Chi�-Fkarterr-eise�}-.reele+i�...m
of feet-tmti3--&mended--crr--zkarrgec-br-�s�di**e*!
the--?oet�--ef -��xxltry--eemmiseieness--esiopt�ed--bY
twe-thirds-1rch�e--ef--t}e--members-preseske--after
reeemmeRdatsen-frem-rit*es-the- Pemseimi=--Adv*90I
eeesd-er-the-FeeectY-Hanegesr
Hs---Bmpieyees-�-tnsRici�iitiee--++ker-may
ifterser,r-
Fileges
wkieh-Mve-eeeraed-te- -of
empieyment-witk-sack- litT7-and the - -county
EF
empieyees-within-the-*+nits-ef-their-eapabiiities-
Heweverz-ii-bemuse-ef-t+re-*�e-_*C--a-
er-dsysssen-ef-e-mnniespeistY-Mieh-the-eedntyT-aid
seek -department-ee`dri�ien
ere- ee�rit o--be,-empieyed-the- emeety -either
beeense--&&ek
--ef -fends--�sek-ef-wes�ic�-t-he
empievee-peesessinq-ti%e-gseater -Bonet--&&-3ewv+e
shaii-be-retained-in-seeerdenee-with-eivii-serviee
s�sies-.euei-��socr�.-- hoar -employees -who -wre
net-Tetei!!ed- ! -piaeed-eR-d-'�?Y`�.�i"lt'Y--�irJt
for-empieyment-by-the-eeenty-subleet-to-senterttyT
Any-iten getnissed-gypieyee--she!!--hevr-tke-eptieRT
-�recesee�r-eeeuss--er--ie--enether
departmentT-slid-iE-4le-+r i-rfri -tQ-render-the
service-segaisedT-te-either-eeeept-sueh-empievment
er=si�niinr-e�e�sifieatien-
municipalities
c or of erwise
c
current rate at time of entering Countv service:
s w
c
The County shall use its best efforts .to emolov
se
e to
a
BsC. The pension plan presently provided by
_ the 9State for eCounty employees shall not be
impaired by the Beard Commission. Emplovees of
municipal itiesT-- who -�-mergerT--el+*!*±ferr-ter
esssgnmene--e+-gevernmentai-yn*te.-er-- s
beeeme--c.•anet-empieyeee--shei 1 -net--iose -their
16
88-17'7
88-178.
,f
pens any -reset
�-eat-ta-their
benefit-des�i�srg�-tke�rr-period-K�r--����-Ntth
seek-timieipa34tay-s or other entities who become
County em lovees may _(1) elect to continue in t e
municipal or other pension system with t eir
ension ric is or any reserves, as lona as, and
only to the extent t at► the municipality or ether
entity continues to fund any portion of said
ension system which exceeds the pension costs
ai bv t e County or comparable County emo ovees
in the Florida Retirement System, or 12 enter the
Florida Retirement Svstem as provided by law. The
Beard-es-e"nty Commissioners shai* may provide a
method by which these emp*eyeesi r ghts and
reserves shall be protected: T-sled-tiseee-esgrle ee
ske��--eorr�l�i ae--ettrrt�-trtit+••±e••t.;oo '=_= - ===1-; -er
death-�R-n-peRsiere-etettse-per-3����}t}�
t ke-±tntess-�e-iel-�-t�ire�-et'-!-��-tip-e'6-merger-er
assseRmeRtr
provide-nred-piec�e--*sue-erfeee-n-prnetit�-group
iRsureRee-plan-ler-a**-eeuntY-amp*eveesr
SBeTfeN-4r66r--BBPARTHBNT-eP-bAWT
-----�kere-ska**-be-e-eeunty-etteeReM-eppeiRted-b�
the-Beard-e4-£eess�t�►- i es�-wko-she i-I-_o••r"
at-thee-�ri33--o�-bbr-BearQ-end-�e-�3-weed-the
dopertmeRt-ef-�nw:--iire�endd-de�rete-ki�--6tr3�fii�e
to -the eel►-end-ebedd-�!-�s
*ega*-vouneer-t-e- the --Board r-Mezager7--Wk&-QiI
eeunty--departmentsr-and
perform-suek-ether-*ega*-duties-as-may-be-assigned
to-*sir--*L-th ,-he--approa��-of-the-£erred?-4re- ey
appoint -ask- .. - __nt9 -apt-mnY--be--Reee�erY-=rs
order-tit-rrse-��+��Ray-et
- the-Beard-mnY-eeep*e�►-epeein3-
needsr
BBee*eN-4T94T--BBPARTHQNT-eP-PEANN*N6r
eke-depert�eent-ef-p*aRRing-ska**-be-heeded-b�
a--i�lee�eristg-dieeetar-�ppoiRte�-b�r-the--eot�srey
Menagerr--@ke-piar�Rircg-direeter-ekei�-be-geeiilied
in-tbe- &C6 'bY` s��-trstrrsreg-and
- piper*paper--*3Rdes-thee-xspe�ew4.�iaR-erf-Yee--l4ets�rr
ens-with-the-edviee-ef=the-i�*aRRing-Ad�iserY-Beard
e*sewkere- -fee--i-rr-t4ri�--eherterr--tbe
p*eRning-direeter-ska**-aeuenq-ether-tkingsr
_ *r---eendnet-stedies-ef-eeuntY-peen*atieRT
ieRd--arse --fae=**ties?--+�e'*!»»rfeeir-and
needs-Bred-etiter
--sir-±••••_+e
the-�wn�rt.�►+�-dereiopees�tr-nr►d-btr-the
basis --a+- saek--a tud -Iprepeilr-euek
offend--repo t,•s..es.,
taken-tegetkerT-eenetst:ute-a-master-p*an
for-the-we*fare?-reereat=ena*T-eeenamieT
and-physiee*-deve*epment-of-the-eeentyr
- Sr---Prepare-for-review-bv-the-P*aRRiRq
i�dviserY-ReaedT-Bred-�ex�edoptittn-thr..the
Beard-ef--Got reyr--Samei _*e rsr-=eRinq?
sdbdirisien-and-s+e-bated-��ee ration i foc
the-aeineeecpetinted-�rerre--crf•-tke•eeaRtr
end -minimum- atandarde- �nirrg- mi�sg..
sdbdivisieRT-end-re*ated-rega*atiens-for
the-- ===-___. --and--
17
88-17 i
98-1'78-
trN
reeemmendatiene-te-effeetuate-the-master
pian-- and
plopeeed-espritei- 'itIt-the
master-eiaRr
3----?�e�riex-tke-!�nRieseai-n�retes+e-ef
pieRRi�sea--reazegT-...nbdidisieRs--erne
re*eted--- eegnietzen9---sRd--- neke
reeemeteadatieRe-tyl�r�!QM+-�,rst}i-�-�r�-te
eeereis�eteee-anek-mnRiespai-etistes+s-xitk
ene-= *et -efA--wit*-+fie--ef-fie
eenntyr
SECTION 4re8r 4.05. AGENCIES AND BOARDS.
{A} The Commissioners shall
by. ordinance create e-eiens+is�g-�4d�ri�r�oes+d --a
$eRiReVpeeis-ienrd=-eed such ether boards as it
may deem necessary, prescribing in each case the
number, manner of appointment, length of term, and
advisery-r eset---die*e-i duties of members of
such boards, who shall serve without compensation
but who may be reimbursed for necessary expenses
incurred in official duties, as may be determined
and approved by the Beard-ei-Eeantr Commissioners.
48}--+Bke-Reard-ef-eee�Rtr-Eeaneteeienere-may-bv
erdiRaRee-provide-far-tke-expaeeierc-ef-tke-E�itY-ef
Niami- •-�`s=r-psi--�sMes�--9eare�-�-�--eger�eY
seesRty-Mice-in-seeps-eRd-antkeritrT-xitk-tke-peMer
te-aegtsireT-ee trust-esxd -eperet e-in tet -wi i-m—mwe:
sYstuns--witMft--the -- ated--end---t-he
nnineerperated-nsene-ef-�ndr�oe:et.�y-while--ac�enc,�y
ska*i-be--keewe-ee--the- N! - *ter-eree�-Seller
Authority-.— The--Wismi Bade ifeb emi--Sewer
Autkerity-ehaii-hare-the-respensibi*ity-to-deve}ep
and-epes^ate-a-Wide--+*�e*�--surer-system
fer-the-pesrpese-ef-previding-petabie-waters-seMege
eei:eetien--es*- dispose s.-zftd--w&ter-
obatement-te-the-eitieene-ef-Bade-eauntyr
f@}--Bede-eenntY-ska�Ei-retain-eii-itr-pewertT
=neiading--bset--s:ee-3i�eited--to--t�tat-�-e�einent
eenntY-wide--wetet-aed+—,e! r-seem, --fer--the
purpeee-e%isre' witht t*&- i-a is Bade -Water
end-Sewer-hatherity.
8diterjs- :_-_ .._ :=ex3--+ram-wea-�eer�ded--bv
vete-e-c-
tkerete-paragrephe-fB}-end-fe}
ARTICLE-5
OFFICE OF THE COUNTY ATTORNEY
148- 77
18
-98-178
1r
n o
SECTION 5r9+ 6.01.
AN
lnt such assistants as may be
r that the Count Attornev s
,ormed pro eriv6 The Commission
counsel or specific needs.
ARTtCLE-65
MUNICIPALITIES
CONTINUANCE OF MUNICIPALITIES.
Sub•ect to the Countv's ao roval required by
§6.03(A) hereof, the municipalities in the
eCounty sha remain in existence so long as their
electors desire. No municipality in the eCounty
shall be abolished without approval of a majority
of its electors voting in an election called for
that purpose. The right of self determination in
local kftgirs is reserved and preserved to the
municipalities except as otherwise provided in
this Charter.
SECTION 5rOir 6.02. MUNICIPAL POWERS.
Each municipality shall have the authority to
exercise all powers relating to its local affairs
not inconsistent with this Charter. Each
municipality may provide for higher standards of
zoning, service, and regulation than those
provided by the Beard-ef-£euray Commissioners-4m
ender-tint-ite- ieds.�ridnei- -and a tat
may-be-preserved-fer-its-eitieens.
SECTION 579ir 6.03. MUNICIPAL CHARTERS.
A. Except as provided in Section 56.04, any
municipality in the eCounty may adopt, amend, or
revoke a charter for its own government or abolish
its existence in the following manner. Its
governing body shall, within 120 days after
adopting a resolution or after the certification
of a petition of ten percent of the qualified
electors of the municipality, draft or have
drafted by a method determined by municipal
ordinance a proposed charter, amendment,
revocation, or abolition which shall be submitted
to the electors of the municipalities. Unless an
election occurs not less than 60 nor more than 120
days after the draft is submitted, the proposal
shall be submitted at a special election within
1 that time. The governing body shall make copies
of the proposal available to the electors not less
than 30 days before the election. Alternative
proposals may be submitted. Each proposal
approved by a majority of the electors voting on
such proposal shall become effective at the time
fixed in the proposal; provided, however, that the
_ abolition of anv municigalitV shall not become
effective until the Commission grants its ac roval
after considering the Provisions made for the
satisfaction and defense or existing and Potential
liabilities and obligations or, and claims
against, the municpoa tty_see-ing abolition.
88-177
19
98-17&
.2�
U
B. All municipal charters, amendments
thereto, and repeals thereof shall be filed with
the Clerk of the Circuit Court.
SECTION 5r94r 6.04. CHANGES IN MUNICIPAL
BOUNDARIES.
A. The pienRiaq- Manager_ shall
study municipal boundaries with a view to
recommending their orderly adjustment,
improvement, and establishment. Proposed boundary
changes may be initiated by the-Fi9nn*nq-Advi9erY
Beard= the Beard--&f--C-etrety Commissioners, the
governing body of a municipality, or by a petition
of any person or group concerned.
B. The Beard-ef-Fennty Commissioners, after
obtaining the approval of the municipal governing
bodies concerned, after---ktearsag--- tire
reee�ee`etd�tieres-o�--�re-P�Qaatrrq-�,d�rieer�r-�oe�,
and after`a public hearing, may by ordinance
effect boundary changes, unless the change
involves the annexation or separation of an area
of which more than 250 residents are electors, in
which case an affirmative vote of a majority of
those electors voting shall also be required.
Upon any such boundary change any conflicting
boundaries set forth in the charter of such
municipality shall be considered amended.
C. No municipal boundary shall be altered
except as provided by this section.
SECTION 5r85r 6.05. CREATION OF NEW
MUNICIPALITIES.
The -Board -CkMw&y Only Commissioners
arid-en-ly-tie may authorize the creation of
new municipalities in the unincorporated areas of
the eCounty after-�enris�q-ter .ef
the- f dvieefY--Boarcir-a%4.ec, -a--pubi+c
heeriRgT-�es:d--ef ter-�sr-af direeeitie-�rot�-ei--n
m&*erity--od•-the- _;_____s-vetiaq--as�d-vesidinq
within-the-prepesed-beeRderies. If the Commissior
desires to consider anv proposal for the creation
of a new municioa itv, it shall o a 556112
earina and, Ir the Commission deems it
a2proori te" Tfte-
shall appoint a charter commission, consisting of
five electors residing within the proposed
boundaries, who shall propose a charter to be
aabmitted-te-thr_== i�t-tl�e-r�erraer-provided
in--5ee,L-ien 56:93- the Commission. tf the
Commission approves a proposed carter, it shall
call an a ection within the r000se boundaries of
the new municsfln it . The creation or a new
municxpa lty snail require an affirmative vote of
a majority or the electors voting and residue
wit in the proRosed boun aries of the new
muncina it . wfte A new municipality shall aye
_ n�-'wee--powers-rt�-ri�c>�s•-grs�sted--ta-er--not
• Mithheid-fsrom-�wsri�s-b4r- this -e*&Vt.er-and
the-FeRetitntieR-er�d-geeesed-3sws-e 3bebe.-Of
Fierider only those powers and rights granted to
it by its charter.
20
88-177 -
SECTION 5v96v 6.06. CONTRACTS WITH OTHER UNITS OF
--- GOVERNMENT.
Every municipality in this eCounty shall have
the power to enter into contracts with other
governmental units within or outside the
boundaries of the municipality or the eCounty for
the joint performance or performance by one unit
in behalf of the other of any municipal function.
SECTION 5v9;v 6.07. FRANCHISE AND UTILITY TAXES.
Revenues realized from franchise and utility
taxes imposed by municipalities shall belong to
municipalities.
ARTtCLE-6g
""MTTATIVE, REFERENDUM, AND RECALL
SECTION ;r96v 6.01. INtTIATIVE AND REFERENDUM.
Unless otherwise erohibited by law, 'the
electors of the eCounty sha ave the power to
propose to the Beard-c+-Feuntr Commissioners
passage or repeal of ordinances within the subject
matter jurisdiction of the Commission. and -to -;ate
en-tote-eMeet.ten--Li the Commission Beard refuses
eetrenT-Qeeerdseq=to-tke- a eMsng-preeedure- does
not enact the vrovosal. the electors shall have
1. The proposer person-prepeeieq-the
emereise�-e--tiria-✓penes shall submit the
proposal to the Beard Commission which
shall without delay approve 7ze3roposal
as to form and _legal sufficiencv. e
sertre*--eolric�-ne--�rke-�ropoxs~-meY
desire1
2. The person or persons circulating the
petition proposalshall, within 60 days
of the approv��y= thCommission of the
form -of- i:e petitlonT as to and
legal sufficiency obtain the va i
signatures ible and registered
voters in the eCounty in numbers at
least equal to lour percent of the
eligible and registered voters in the
eCounty on the day on which the petition
is approved, according to the official
records of the County Supervisor of
Elections.. In determining the
sufficiency of the petition, no more
than 25 percent of the valid signatures
required shall come .from voters
registered in any single eounty
eCommission district. Each signer of a
petition form shall place thereon, after
his or he nr`me, the-date7-*"d-4Am the
signer's place of residence or precinct
n er and the date. Each person
circulating a copy `57 the petition shall
attach to it a sworn affidavit stating
the number of signers and the fact that
each signature was made in the presence
of the circulator of the petition.
21
88-IL 7'7
198-178.
in 0
3. The All signed petition forms
shah at one time be submitted to
supervisor of __-E ections who AM
canvass the si natures t ereon to
determine compliance witt section
s e -M:tide-f9-de�e-osier-per-�+�.!±s.�e-.of
tke-siq:setesres-tbefeew-te-M•rrr.�
sddfieie:�ey-e#-tire- :--=f-tke
ttestsbe s - ef- eigs�nt�sfee- i�--isrstrr%itiesro- tr
the-petitier� e-ekf�sete.. to- bs
eamp*ienee-Kith-tbie-beet-&-m"-mac �oesd
s keii-fir-tie--pereere-f�i3-s�eg--tke
petit ie n--that---ekes--petitier�--+s
insuffieieet-,ani--has -feiied- Tf the
number or form of the sivnature=s is
r—
insufficient, the petition shall ai .
4. The Beard-skeii Commission within 39 45
days after the date tie sufficiencv oT-a
� sufficient petition is presented
established, shall either:
(a) Adept Enact the erdinenee proposal
as submitted, sR-se-is�itistesZr-pe per:
er-repeei-tke-erd+nanee-vederred-to-by-a
refereRdery-pet=tien= or
(b) Submit the proposal to the electors
in impartial and concise language and in
such manner as provides a clear
understanding of the proposal.
5. if the Beard Commission determines to
j submit the propped to the electors, the
election shall be held either:
(a) Tn the next scheduled eCounty-wide
election, or
(b) Tf the petition forms contains the
valid signatures of voter's in the
eCounty in numbers at least equal to
eight percent of the registered voters
in the eCounty, and if the proposal
calls for the holdina at a saecia
election thereon, the election shall
take place within 120 days after the
date the petition is determined to be
sufficient. presents -to--t e- ,
pre ereb y--ie--&&--ele :•-,s'ires }y
sekedaied-fee-ethesjarpoeein- +:he:-=
in-e-epeeiei-eieetienv--ghe-resnit-ska}}
be-determined-bT-s-In&!egitT- tate.erE.-the
eieeters-voting-on-the-prepesei-
6. An ordinance proposed by initiative
iaitiatery-petitier:-es-t9e-
erdinenee-by-oer%�seedss�-�e�t.•i�:fon shall
be effective upon certification by the
canvassing boa_ en-t e- da,.pwee.
e eet*GR7 except that:
(a) Any reduction or elimination of
existing revenue or any increase in
expenditures not provided for by the
current budget or by existing bond
issues shall not take effect until the
beqinninq of the next succeeding fiscal
88-177
22 R8-178
,y
year or 60 days, whichever occurs
1 a=-- n
#b�---Righte--seeametieted--�snder--ere
erdirtanee-between-tie.-a-eertified
referendaey-- flet--' ty ---eqe st --•_he
erdinenee-ie-pseeented-ta- the- -Beftr6- etrd
the--vepesi -ef--- K-erdin&nee-fir-tire
e e t e r e T- e�e-13- �!� -be - r. tiefeeei--eget�ret
the-eeenty--and
4e}Ib) Should two or more ordinances
adopted at the same election have
conflicting provisions, the one
receiving the highest number of votes
shall prevail as to those provisions.
7. An ordinance adopted by the electorate
through initiative initiatory
L preeeedines shall not be amended or
'--tepealed by the Beard Commission for a
period of one year after t e-eseetien-at
Mi:iek--it--wee--ac�opt�ed its effective
dam but thereafter it may be amended
or repealed like any other ordinance.
SECTTON ;-9Bs 6.02. RECALL.
Any member of the Board--ef--Gounty
Commissioners-el-ti�te-6�tes�f st�r�zost ! !11 3.e may
be removed from office by recall. the-eieeterI-ef
the-eeafttY?-dietsietv-. P—Qe-i+t�r4DriO*eh--he
Mee-eteeem The procedure on a recall petition
shall be identical with that for an initiatory -or
referendery initiative petition, except that:
tion shall be Prepared naminc t
souQ t to b@ recce a an
t O
not more
to
s for recall shall be limi
e
• re tect or aut ;
. orun cenness;
. Incompetence;
• Permanent inability to perform
s
.moral turpitude.
+v3. The Clerk of the Circuit Court shall
approve the form of the petition.
Br4. The person or persons circulating the
petition must obtain signatures of
electors Of-tie--esentrr-die-ter
menieipniitY--c.•os:oesned in numbers at
least equal to four percent of the
eligible and registered voters in the
ecounty 'fie trier-er-s�icipe3itY on the
day on which the petition is approved,
NS-IL 77
23
98_1'76.
'AO
according to the official records of the
County Supervisor of Elections.
irS. The signed petition shall be fired with
and canvassed and certified by the elerk
of- the Supervisor of
Elections.
4r6. The 9eere-ef-Feanty Commissioners must
'- call an election
rye-eee-tkerr-45-ear-!sere-tress-9A within
120 days after the certification owe
petition as successful.
5r7. The question of recall shall be placed
on the ballot in a manner that will give
the elector a clear choice for or
against the recall. ?he-resn}t-ehe}*-be
determined-4rr-a--mejersty- ve tre--the
e}eaters-yetir�g-en-the-gnestienr
L
6r8. tf the a majority of the electors voting
is against recall the er seer Mayor or
Commissio_ne_r, shall continue in office"
under the terms of his the Mavor or
Commissioner's previous election. -If
t e majority is for recall he the Mayor
or Commissioner shall, regardless or anv
defect in the recall petition, be deemed
removed from office immediately.
;r9. No recall petition against-sueh-en
effieer shall be certified within one
year after he--takes--effiee the
commencement of anv term of offer nor
within one year a ter a recall petition
against him the Mayor or the
Commissioner is defeaEed nor within one
year of the -expiration of -the Ma or s o=
the Commissioners term.
8:---�4nr-dQeeneq-erected-blr-reca}}-in-tke
of f lees-ef-��s�-brbiea-else}}
be -fig- t-tom -term--bv
appointment--by--tbe--Haag d-er&-ftenty
eem missienersT-er-tile- Beavd Wd U
tFte-�rE+�i�e--co--be--�i3-lrtd-�-tbe-�rrext
regular- -ei ectier:-orr-st--e--epeeie}
eieetien-ealled-far-that-purpeseT
ARTICLE-70
GENERAL PROVISIONS
SECTION OvOir 7`01., ABOLITION OF CERTAIN OFFICES
AND TRANSFER OF FUNCTIONS.
elective
law,xc
t� Ee CF
tra= s
persons
sucn nos
functions and
rm t
of all County
ces estab is ec
ssioners, C er
unctions and duties o
24
by
88-17 i
88-1'76.
tng
are-hereby-abediehed-ead- the - tomand -9trrertirtrrrs
ef-sneit-f firmer-eye--��elry--rrer�rftrree�-te-t.tee
eevnty--[tanager- who--9hei-I-�xt�de--fes--the
eentinuatieR-ef--n3�-t�se-e�etiee-and-Barre-�f
tkece-efiieee-tegtiieed-ender-t4ie-t t m m- t itxe--md
genera*-4e+,@--cpf6-thi-s------ 'ef
�+exesT-axtt�t--msx------_--- FeaRtr- .
6euntY-�estehaeiag-�destt?-er:e-�rmrt�t.�-�+�'�»�ar�s
Regsetsntienr
8----eke--C-Qtts *-�4as�e�es- a?- _ _ - _ _ _ -_ -`-e
suitable-"reetm- the -+poeeVs--wtd--f-I L.*w+!!w-er-seeh
effieersT-previded-*ewetres-tvrttvi-tote- -of
effiee-fer-whiek-they-Mere-eieeted-ehaii-terminate
the-fvustt-hssesxr-t Tames r—the--C-ountyr-Tsx
eeiieeterr-the-eesss:t�r-f�pet�rietrr�-os----,----------,
and-the-�enRt�r--P�se1rsing
--,kgesr�-s�te�--eael�-rf-ke
se-desires-reAniR-ia-hie-pesitiere-and - ---- - — she
seee-salary-as-preeeRtir-provided-far-by-statute-
L
el--- R --!kip- •�!S"e^-t'--`!!R4-� - `�t�'lel--e �e e t iv e
off a-b�►-the--Bvnsr�i-,--ehe-Beard
sha}}-previde-that-any-person-duly-eleeted-to-eneh
off lee-obeli-if-e-�cr-Vic+-reeaivr-ice-the-seee
and-reeei�ae-the-et��e-' '�'nsY
fer-the- - _-__ _'___ �f-the-tesue-��or-w+irieiv-he-was
e*eetedT-and-ehaii-erevide-fer-the-Bent=nuation-et
Qii-duties-and-funeeiene-sf-these-effiees-required
ender-the-eenet*tutien-eRd-genera*-*ewer
Br ---en- -- ember 9v--i966-,--the--O44+c--ef
8kerif f-ie--�tere�+fir-aba�ishee�-es�d-t��--powere-eRd
funetione-ef-such-effiee-ere-hereby-transferred-to
the- oeRt�--t�eRec�rtr-who-�hei�-preridr-fec-i�kee
eentinuatien-af-ali ftions--&f
this-a£fier red -ender-the- -onstitetiare--end
Genera*- -Stater--APhe-Esot:Rt7"'44mecpec
teey-delegntrte- -i table -person er-peraene-the
_ powera-Ord-fanetions-ed--ouch -elf_Leer-r--9eet m
is8i�ifig}♦a�--+=b'i�-eherter--ice-ended--by
deiketinq-tire--+ws-errf`-and-�n�o-seetieRs--fib 1
end-fe}-ere-repea*edr
SBeTTeN-9T9e:--RBBBRKBBr
9BeTf eN-9r93T--T9RT-bfAB*b*T fs
!he-eeetRty-shall-be-liable-in-QetieRs-ef-tart
to- the y-smm&-extent-t wtt--%R".L_ a�itiee-ism--the
Btnte-ef-amide--ere--�tabie-iR-eetieRe-i�--t�ex�.
However?--no-Ijuit-,Pha L--be--aerainee-the
eeesnty-fes-ds+etagee-te-�erso:rs-or -er-far
wrengfu*-eleeth-asitring-eat-
wlitteR- rlit e-vf-einie-shallxen
given-te-tile-e�emRtY--svr-tht-�tnmtsm- and -within -the
tieee-psetrided-�ros-�::-=s��r-tkee-the-time
fixed-bar-ex�d�is:ene.�e--for•-smebiee "keii-be-vtvt--I*"
then-39-days-Rer-Deere-then-ieA-d7eyer
Nate---Waivel-ef-£ansmt�e-t�--i�m�mi-ty--tread
nReenstitutienei-ire- Namiakria--+r:--Boydr-Fiar-i969T
i38-Gored-sear
88-1�
25 .
Oe
88-1%8.
39
SECTION 9r94s 7.02. SUPREMACY CLAUSE.
A. This Charter and the ordinances adopted
hereunder shall in cases of conflict supersede all
municipal charters and ordinances, except as
herein provided, and where authorized by the
Constitution, shall in cases of conflict supersede
all special and general laws of the estate.
B. All other special and general laws and
eCounty ordinances and rules and regulations not
inconsistent with this Charter shall continue in
effect until they are superseded by ordinance
adopted by the Beard Commission pursuant to this
Charter and the Constitution.
SECTION 9r95v 7.03. EXISTING FRANCHISES,
CONTRACTS, AND LICENSES.
All lawful franchises, contracts, and
licenses in force on the effective date of this
Charter shall continue in effect until terminated
or modified in accordance with their terms or in
the manner provided by law or this Charter.
SECTION Or96r 7.04. EFFECT OF THE CHARTER.
AT This Charter shall be liberally
construed in aid of its declared purpose, which is
to establish effective home rule government in
this eCounty responsive to the people. If any
Article, Section, subsection, sentence, clause, or
provision of this Charter or the application
thereof shall be held invalid for any reason, the
remainder of the Charter and of any ordinances or
requlations made thereunder shall remain in full
force and effect.
Br --- Nothing--ift--this
-�3hr**+*w�-eke-ld--be
eeRstrned-to--�sssrt-err- _ _ _ __ i _ - -the-Zsowevr-and
7erisdfetieR-ed--tirr-�ieyri�a-Rei�reed-es�d--Phis
etf�ftfes-eeem�issierer
SECTION 9:9;r 7_ 05. AMENDMENTS.
A. Amendments to this Charter may be
proposed by a resolution adopted by the Beard-ef
eounty Commissioners or by initiatory petition of
e+eetere- xrinq--trot•-lam-t an-ter-pest-b#
the-tete4-- MMbeL- -eleetera-registered--ie--Dede
eeuntr-et--the-- ! ime -like-petit=en-ie- shed --to
the--9eardr--- 1.1.1dftristorr- - shall --ire
eertiffed-ien--ttte•-per-respired-for--!�nitxietroW
petitions-f er-art-erdinanee .
Bv---An�eRdmeets--ler-t�iris--E nstes--+�rar-fie
Proposed--bar-is�itiete�►--petrtrrerrs-of--eieeter e
bfeanieifYT-rml�►-�rrreg•-etieR- -Yeere-ire
Mi+f elz-ste+-priarY-eMd-efeetiens--e-re
hefdr---hi+- -_:--o�e--ebtteter--aateetdtserets
• proposed-bY-is�itietery-petitieraa-�he33-br�rl�--in
eentnRetien--wtrk--realeqenerei
e+eetien9i--Mess---+-llr--3eare�--/ri--us�ty
EeunsissieRers-end- =_ =_= _ :_-te-eeff-es--s��is'1
eieetiere--bar--two-t�kis�de--ate--ei--!•ke--es�se
�+emberahipr
26
88-1'77
98-1'78.
i
i
erg. Amendments to this Charter may be
proposecrby the Booed-ei-£eeety► Commissioners at
any time. Elections on eCharter amendments
proposed by the Beard Commission shall be held net
+ees-thatt-40-i orr then wit -gin tgin 120 days after
the Beard Commission adopts a resolution proposing
any amendment.
C. tnitiatory petitions to amend this
Charter shall require the valid signatures or ten
percent of t e trtal number or electors registered
in Dade County at the time the oetition is
submitted to the Commission. in all other
respects such petitions shall o ow the procedure
or initiatory petitions established in Article 6
of this Charter. Amendments maybe FF-Uposed by
the initiative process on v durind vears in which
State Primary and General Elections are held. A
elections on Charter amendments proposed by
initiatory petitions shall e he -in conjunction
with Stake Primary or General E ections, un ess
t o Commission shall etermine by a two-thirds
vote of the entire Commission to call a special
election.
Bv--- e'l c-eft-eharter
amendmente-eh&44-4ae-tom! mj!n ro�-bY-et-�na+jorit b#
the-a+eetere-vatinq-en-the-prepesed-amendments
SECTION 6r98v 7.06. REVISIONS.
At least once in every 5 year period the
Beard Commission shall review the Charter and
determ nett or not there is a need for
revision. if the Beard Commission determines that
a revision is needed, it s a establish a
procedure for the preparation of a proposed
revision of the Charter. The proposed revision
shall then be presented to the Beard Commission
for review, modification and approval. I f the
Beard Commission approves such proposed revision,
either with or without modification, it shall
present such proposed revision to the electorate
in accordance with the provisions of Section
7.05(B). Simultaneous
- elections may be held o` a proposed revision and
on individual amendments that are proposed.
SECTION 6r99r 7.07. EFFECTIVE DATE.
This Charter shall become effective 60 days
after it is ratified by a majority of the
qualified electors of the ecounty voting on the
Charter. _
ARTIeTSs-9
88—IL 7'7
27
.
--- --.--- -w.��w-ter-
•••••`••r MOMONAHOUM Substitute
Agent/ Item No. 2 (e)
Ronorable Mayor and Members December 15, 1987
Board of County Commissioners
Rome Rule Charter Revisions
�o. Robert A. Ginsburg
Dade County Attorney
The following is a list of the more significant proposed
Charter amendments:
1. The proposal deletes all references
to specific County departments, Boards
and Officers (with the exception of
the County Commission, the County Manager
and the County Attorney.)
2. Pftwj - Section 1.02 A - Revenue raising
issues could be addressed by resolutions
as well as by ordinances.
3. Pages 7 - Section 1.02 F - The role
of emergency ordinances is expanded
to include social welfare and fiscal
matters.
4. Page 9 - Section 1.07 - The time for
calling countywide elections is increased
from 45 to 120 days. Throughout the
proposal the time for calling countywide
elections has been standardized at
120 days.
S. Page 16 - Section 4.04 B - Merged employees
are treated the same as County employees
in terms of salary and benefits. The
existing Charter protects former municipal
employees from the loss of accrued
civil service rights and privileges.
6: Pages 16 i 17 - Section 4.04 C - Similarly,
merged employees will be placed into
the Florida Retirement system the same
as other County employees, unless the
former municipal employer continues
to provide funds for increased pension
benefits.
s8- jL77.
ATTACHMENT #2 98-178.
Boiard of County Commissioners
Oecember 15, 1987
Paqe Two
7. Paqe 19 - Sections 6.01 i 6.03 A -
County Commission has the right to
approve a municipality's decision to
abolish itself.
8. Paqe 20 - Section 6.05 - New municipalities
could be created with one election
rather than two. In addition, the
Commission may propose the creation
of municipalities with limited powers.
9. Paqe 22 - Section 6.01(5) - A special
election on an initiative petition
would only be held if the proposal
includes a requirement for a special
election.
10. Pkge-,-24 - Section 6.02(7) - Recall
would not be permitted during the final
year of any term of office.
RAG: se
3
P Zai '0
j CA
Robert A. Ginsburc
88-177.
�8���
EXISTING DADE COMITY CHARTER
• FRBROART, 1988
TABLE OF CORTWITS
PAGE
Preamble ..................................................... 7
Citizen's Bill of Rights ..................................... 7-8.4
-ARTICLE 1 - Board of
County Commissioners ......................................... 8.4-17
ARTICLE 2 - Elections ........................................ 17-19
ARTICLE 3 - The County Manager ............................... 19-20
ARTICLE 4 - Administrative
Organization and Procedure ................................... 21-25
ARTICLE 5 - Municipalities ................................... 25-28
Article 6 - Reserved ......................................... 28
Article 7 - initiative,
Referendum and Recall ........................................ 28-32
Article 8 - General Provisions ............................... 32-36
Article 9 - Reserved ......................................... 36
RFC/wpc/ebg/M052
88-1'7'7
ATTACHMENT 03 98 -178
HOME RULE CHARTER*
PREAMBLE
We, the people of this County, in order to secure for
ourselves the benefits and responsibilities of home rule,
to create a metropolitan government to serve our present
and future needs, and to endow our municipalities with
the rights of self determination in their local affairs, do
under God adopt this home rule Charter.
CITIZENS' BILL OF RIGHTS
(A) This government has been created to protect the gov.
erned, not the governing. In order to provide the public
with full and accurate information, to promote efficient
administrative management, to make government more as
countable, and to insure to all persona fair and equitable
treatment, the following rights are guaranteed:
1. Convenient access. Every person has the right to trans•
act business with the county and the municipalities
with a minimum of personal inconvenience. It shall be
the duty of the county manager and the commission -to
provide, within the county's budget limitations, reason•
ably convenient times and places for registration and
voting, for required inspections, and for transacting
business with the county. •.
2. Truth in government. No county or municipal official
or employee shall knowingly furnish false information
•ma's auto• —TIC Rome Rule Charter for NebapoHtan Dade Cow
was adopted at r0p andum on Way 21, 1M, and is room" in the Of -
final Records Boot 18l, page ea7, Public Records of Dads Cosesy. nor -
ids. ALL article and section numbers as well as titles and subtitles are
official and remain unchanged from the official copy. The Charter in.
eluded herein u amended through October 6, IWM
Coastitudeaai Asweiae" In action brought
agabsst Secretary of State for declaration of it" under joint resoie-
tioa of Iwgislature proposing smamdment to Wasubdin to provide boars
role for Dade County, Supreme Court held proposed constitutional
asandu mt did not violate constitutional provision that any amudmsat
rela4 to one subject and shall not consist of more than one revised
ardele. is. A. Gray v. GoUlm Fla. 69 So 2d T86.
Supp. No. 134 7
/0j cti W/lf' -0 3
88-t / 7
98-178
DADE COUNTY CODE
on any public matter, nor knowingly omit significant
facts when giving requested information to members of
the public.
S. Public records. All audits, reports, minutes, documents
and other public records of the county and the munici-
palities and their boards, agencies, departments and
authorities shall be open for inspection at reasonable
times and places convenient to the public.
4. Minute& and ordinance register. The clerk of the com-
mission and of each municipal council shall maintain
and make available for public inspection an ordinance
register separate from the minutes showing the votes
of each member on all ordinances and resolutions listed
by descriptive title. Written minutes of all meetings
and the ordinance register shall be available for pub-
lic inspection not later than thirty (80) days after the
conclusion of the meeting.
L Might to be heard So far as the orderly conduct of
pabitc business permits, any intarested person has the
right to appear before the commission or any municipal
council or any county or municipal agency, board or
department for the presentation, adjustment or deter.
mination of an issue, request or controversy within the
Jurisdiction of the governmental entity involved. Mat.
tern shall be scheduled for the convenience of the public,
and the agenda shall be divided into approximate time
periods so that the public may know approximately
when a matter will be heard. Nothing herein shall pro-
bUt any governmental entity or agency from imposing
reasonable time limits for the presentation of a matter.
L ftht to notice. Persons entitled to notice of a county
or municipal heating shall be timely informed as to
the time, place and nature of the hearing and the legal
authority pursuant to which the hearing is to be held.
Failure by an individual to receive such notice shall
not constitute mandatory grounds for cancelltng the
hearing or rendering invalid any determination made
Supp. No. 134 8
RB-IL 77
98-176_
A
or
CHASTER
at such hearing. Copies of proposed ordinances or reso•
lutions shall be made available at a reasonable time
prior to the hearing, unless the matter involves an
emergency ordinance or resolution.
j 7. No unreasonable postponements. No matter once having
been placed on a formal agenda by the county or any
municipality shall be postponed to another day except
for good cause shown in the opinion of the county
commission. the municipal council or other governmental
entity or agency conducting such meeting, and then
only on condition that any person so requesting is
mailed adequate notice of the new date of any post-
poned meeting. Failure by an individual to receive such
notice shall not constitute mandatory grounds for can-
celling the hearing or rendering invalid any determina-
tion made at such hearing.
& Might to public hearing. Upon a timely request of any
Interested party a public hearing shall be held by any
county or municipal agency, board, department or
authority upon any significant policy decision to be
issued by it which is not subject to subsequent adminis-
trative sir legislative review and hearing. This provision
shall no apply to the law department of the county or of
any municipality, nor to any body whose duties and re-
sponsibilities are solely advisory.
At any zoning or other hearing in which review is
exclusively by certiorari, a party or his coumsel shall be
entitled to present his case or defense by oral or docu-
mentary evidence, to subunit rebuttal evidence, and to
conduct ' uch cross-examination as may be required for
a full and tine disclosure of the facts. Tile decision of
any such agency, board, department or authority must
be based upon the facts in the record. Procedural rules
eatablishiag reasonable time and other limitations may
be promnlgated and amended from time to time.
L Notice of action, and reasons. Prompt notice shall be
given of the denial in whole or in part of a request of
an interestpol person made in connection with any
sow No. IV U
98-1'7'7.
98-i 76
1
i
L
4
DADE COUNTY CODE
county or municipal administrative decision or proceed-
ing when the decision is reserved at the conclusion of
the hearing. The notice shall be accompanied by a state.
ment of the grounds for deniaL
10. Managers' and attorneys' reports. The county manager
and county attorney and each city manager and city
attorney shall periodically make a public status report
on all major matters pending or concluded within their
respective jurisdictions.
M Budgeting. In addition to any budget required by state
statute, the county manager shall prepare a budget
showing the cost of each program for each budget year.
Prior to the county commission's first public hearing on
the proposed budget required by state law, the county
manager shall make public a budget summary setting
forth the proposed cost of each individual program and
reflecting all major proposed increases and decreases in
funds and personnel for each program, the purposes
therefor, the estimated millage cost of each program
and the amount of any contingency and carryover funds
for each program.
12. Quarterly budget comparisons. The county manager
shall make public a quarterly reportshowing the actual
expenditures during the quarter just ended against one
quarter of the proposed annual expenditures set forth
in the budget. Such report shall also reflect the same
cumulative information for whatever portion of the
fiscal year that has elapsed.
IL Adequate audits. An annual audit of the county and
each municipality aball be made by an independent
certified public accounting firm in accordance with
generally accepted auditing standards. A summary of
the results, including any deficiencies found, shall be
made public. In making such audit, proprietary tune -
dons, shall be audited separately and adequate depre-
ciitlon on proprietary facilities shall be accrued so the
public may determine the amount of any direct or in-
direct subsidy.
SuM No.127 82
SS-17 i
98-1768
• � fE s t
1
r �_
r
CELARTER
ORN
14. Regional offices. Regional offices of the county's ad-
ministrative services shall be maintained at locations
in the county for the convenience of the residents.
j 15. Financial disclosure. The commission shall by ordinance
matte provision for the filing under oath or affirmation
by all county and municipal elective officials, candidates
for county and municipal elective offices, such em•
ployees as may be designated by ordinance, and such
other public officials. and outside consultants who
receive funds from the county or municipalities within
the county and who may legally be included, of per.
sonal financial statements, copies of personal federal
income tax returns, or itemized source of income state.
meats. Provision shall be made for preparing and keep-
ing such reports current from time to time, and for
public disclosure.
The commission shall also make provision for the filing
annually under oath of a report by full-time county
and municipal employees of all outside employment
and amounts received therefrom. The county manager
or any city manager may require monthly reports
from individual employees or groups of employees for
good cause.
16. Representation of public. The commission shall endeavor
to provide representation at all proceedings significantly
affecting the county and its residents before state and
federal regulatory bodies.
(B) The foregoing enumeration of citizens' rights vests
Imp and pervasive powers in the citizenry of Dade County.
Such power necessarily carries with it responsibility of equal
magnitude for the successful operation of government in the
county. The orderly, efficient and fair operation of government
requires the intelligent participation of individual citizens
e=rcising their rights with dignity and restraint so as to
avoid any sweeping acceleration in the cost of goverment
because of the exercise of individual prerogatives, and for
Individual citizens to grant respect foi the dignity of public
office.
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(C) Remedies for violations. In any suit by a citizen alleging
a violation of this article filed in the Dade County Circuit
Court pursuant to its general equity jurisdiction, the plaintiff,
if successful, shall be entitled to recover costs as fixed by the
court. Any public official or employee who is found by the
court to have willfully violated this article shall forthwith
j forfeit his office or employment.
(D) Construction. All provisions of this article shall be
construed to be supplementary to and not in conflict with
the general laws of Florida. If any part of this article shall
be declared invalid, it shall not affect the validity of the
remaining provisions.
ARTICLE 1. BOARD OF COUNTY COMMISSIONERS
Sea 1.01. Powem
(A) The Board of County Commissioners shall be the
legislative and the governing body of the county and shall
have the power to carry on a central metropolitan govern-
ment. This power shall include but shall not be restricted
to the power to:
(1) Provide and regulate arterial. toll, and other roads,
bridges, tunnels, and related facilities; eliminate grade
crossings; provide and regulate facilities; and develop
and enforce master plans for the control of traffic
and parking.
(2) Provide and operate air, water, rail, and bus terminals,
port facilities, and public transportation systems.
(3) License and regulate taxis, jitneys, limousines for
hire, rental -cars and other passenger vehicles for
hire operating ic1he county.
(4) Provide central records, training, and communica-
tions for fire and police protection; provide traffic
control and central crime investigations; provide fire
abtion4 jails, and related facilities; and subject to
Section 1.01A (18) provide a uniform system for fire
and police protection.
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(6) Prepare and enforce comprehensive plans for the
development of the county.
(6) Provide hospitals and uniform health and welfare
programs.
(7) Provide parks, preserves, playgrounds, recreation
areas. libraries, museums, and other recreational and
cultural facilities and programs.
(8) Establish and administer housing, slum clearance,
urban renewal. conservation. flood and beach erosion
control, air pollution control, and drainage programs
and cooperate with governmental agencies and private
enterprises in the development and operation of these
programs.
(9) Provide and regulate or permit municipalities to pro-
vide and regulate waste and sewage collection and
disposal and water supply and conservation programs.
(10) Levy and collect taxes and special assessments, bor-
row and expend money, and issue bonds, revenue
certificates, and other obligations of indebtedness, in
such manner, and subject to such limitations, as may
be provided by law.
(11) By ordinance. establish. merge: and abolish special pur-
pose districts within which may be provided police and fire
protection, beach erosion control. recreation facilities. water,
streets. sidewalks. street lighting, waste and sewage col-
lection and disposal. drainage, and other essential facili-
ties and services. All county funds for such districts shall
be provided by service charges. special assessments, or
general tax levies within such districts only. The Board of
County Commissioners shall be the governing body of all
such districts and when acting as such governing body
• shall have the same jurisdiction and powers as when act-
ing as the Board; provided, however. the Board of County
Commissioners shall not be the governing body of the Metro -
Dade Fire and Rescue Service District established by Or-
dinance No. 80.86, but said Fire and Rescue Service Dis-
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trict shall be governed by five members elected for initial
terms of two years by the registered voters of the Metro -
Dade Fire and Rescue Service District.
(12) Establish, coordinate, and enforce zoning and such
business regulations as are necessary for the pro-
tection of the public.
(13) Adopt and enforce uniform building and related
technical codes and regulations for both the incor-
porated and unincorporated areas of the county; pro-
vide for examinations for contractors and all parties
engaged in the building trades and for the issuance
of certificates of competency and their revocation
after hearing. Such certificates shall be recognized
and required for the issuance of a license in all muni-
cipalities in the county. No municipality shall be en-
titled to require examinations or any additional
certificate of competency or impose any other con-
ditions for the issuance of a municipal license except
the payment of the customary fee. The municipality
may issue building permits and conduct the necessary
inspection in accordance with the uniform codes and
charge fees therefor.
(14) Regulate, control, take over, and grant franchises
to, or itself operate gas, light, power, telephone, and
other utilities, sanitary and sewage collection and
disposal systems, water supply,' treatment, and serv-
ice systems, and public transportation systems, pro.
vided, however, that:
(a) Franchises under this subsection may only be
granted by a two-thirds vote of the members of
the Board present and approved by a majority
vote of those qualified electors voting at either
a special or general election.
'annotation —Waterworks. In proceedings by City of Miami to validate
waterworks system bond, Supreme Court held that the Home Rule
Charter of Dade County applicable to the waterworks system in the
City of Miami did not impair the power of the City to issue water
revenue bonds. State v. City of Miami. Fla., 103 So. 2d 185.
Supp. No. 168 10 ss_V
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(b) The county shall not operate a light, power, or
telephone utility to serve any territory in the
county which is being supplied with similar serv-
ice except by a majority vote of those qualified
electors voting in an election held not less than
six months after the Board has passed an ordi-
nance to that effect by a two-thirds vote of the
members of the Board present. Such ordinance
shall contain information on cost, method of fi-
nancing, agency to regulate rates, agency to op-
erate, location and other information necessary
to inform the general public of the feasibility
and practicability of the proposed operation.
(16) Use public funds for the purposes of promoting the
development of the county, including advertising the
r
area's advantages. E.
(16) Establish and enforce regulations for the sale of `•
alcoholic beverages in the unincorporated areas and
approve municipal regulations on hours of sale of
alcoholic beverages.
(17) Enter into contracts with other governmental units
within or outside the boundaries of the county for
joint performance or performance by one unit in
behalf of the other of any authorized function.
(18) Set reasonable minimum standards for all govern-
mental units in the county for the performance of
any, service or function. The standards shall not be
discriminatory as between similar areas. If a govern-
mental unit fails to comply with such standards, and
does not correct such failure after reasonable notice
by the Board, then the Board may take over and
perform, regulate, or grant Franchises to operate any
such service. The Board may also take over and op-
erate, or grant franchises to operate any municipal
service if :
(a) In an election called by the Board of County
Commissioners within the municipality a ma-
Supp. No.166 1 i
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jority of those voting vote in favor of turning
the service over to the county; or
(b) The governing body of the municipality requests
the county to take over the service by a two-
thirds vote of its members, or by referendum.
(19) (a) By ordinance, abolish or consolidate the office of
constables, or any county office created by the
Legislature, or provide for the consolidation and
transfer of any of the functions of such officers,
provided, however, that there shall be no power
to abolish the Superintendent of Public Instruc-
tion, or to abolish or impair the jurisdiction of the
Circuit Court or to abolish any other Court, provided
by the Constitution or by general law, or the judges
or clerks thereof.
(20) Make investigations of county affairs, inquire into
the conduct, accounts, records, and transactions of
any department or office of the county, and for these
purposes require reports from all county officers and
employees, subpoena witnesses, administer oaths, and
require the production of records.
(21) Exercise all powers and privileges granted to munici-
palities, counties, and county officers by the Consti-
tution and laws of the state, and all powers not pro-
hibited by the Constitution or by this Charter.
(22) Adopt such ordinances and resolutions as may be
required in the exercise of its powers, -and prescribe
fines and penalties for the violation of ordinances.
(23) Perform any other acts consistent with law which
are required by this Charter or -which are in the com-
mon interest of thq people of the county.
(24) Supersede, nullify; or amend any special law applying
to this county, or any general law applying only to
this county, or any general law where specifically
authorized by the Constitution.
(B) No enumeration of powers in this Charter shall be
deemed exclusive or restrictive and the foregoing powers
shall be deemed to include all implied powers necessary and
proper to carrying out such powers. All of these powers may
Supp. No. 168 12
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61.01
be exercised in the incorporated and unincorporated areas,
subject to the procedures herein provided in certain cases
relating to municipalities.
(C) The Board shall have the power to eminent domain
and the right to condemn property for public purposes. The
Board shall make fair and just compensation for any prop.
erties acquired in the exercise of its powers. duties. or
functions. The Board shall also provide for the acquisition
or transfer of property, the payment, assumption. or other
satisfaction of the debts, and the protection of pension rights
of affected employees of any governmental unit which is
merged. consolidated. or abolished or whose boundaries are
changed or functions or powers transferred.
(D) The Board shall be entitled 'to levy in the unincor-
porated areas all taxes authorized to be levied by municipali.
ties and to receive from the state any revenues collected in
the unincorporated area on the same basis as municipalities.
(Amended 9-2.86)
Amendment note —By amendment adopted by vote of the electorate
on Nov. 5. 1968, paragraph (a) of subsection (A)(19) was changed to
read as above set out and paragraphs (b) and (c) were added to said
subsection. Prior to the amendment. the office of sheriff was included
in those offices which could be abolished or consolidated. By charter
amendment Nov 8, 1966, the word "sheriff" was deleted from 4 1.01(A)
(19)(a) and paragraphs (b) and (c) of $ 1.01(A)(19) were deleted
in their entirety.
Annotation —For cases involving the power of the board to abolish the o(%oe of
sheriff or treader his Timmons, under farmer subsection (A) (19). we Dade County v.
Kelly, Fla.,1958.99 So. 2d 856; Dade County v. Kelly. Fla..153 So.1963.2d 822.
Supp. No. 166 12.1
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Sec. 1.02. Resolutions and ordinances.
(A) The Board shall adopt its own rules of procedure and shall
decide which actions of the Board shall be by ordinance or resolu-
tion, except as otherwise provided in this Charter and except that
any action of the Board which provides for raising revenue, ap-
propriating funds, or incurring indebtedness (other than refund-
ing indebtedness). or which provides a penalty or establishes a
rule or regulations for the violation of which a penalty is imposed
shall be by ordinance.
(B) Every ordinance shall be introduced in writing and shall
contain a brief title. The enacting clause shall be "Be it Ordained
by the Board." After passage on first reading, a short summary of
the ordinance shall be published in a daily newspaper of general
circulation at least once together with a notice of the time when
and place where it will be given public hearing and be considered
for final passage. The first such publication shall be at least one
week prior to the time -advertised for hearing. No ordinance shall
be declared invalid by reason of any defect in publication or title
if the published summary gives reasonable notice of its intent.
(C) At the time and place so advertised, or at any time and
place to which such public hearing may from time to time be
adjourned, the ordinance shall be read by title and a public hear-
ing shall be held. After the hearing, the Board may pass the ordi-
nance with or without amendment.
(D) The Board may adopt in whole or in part any published
code by reference as an ordinance in the manner provided by law.
(E) The effective date of any ordinance shall be prescribed
therein, but the effective date shall not be earlier than ten days
after its enactapent.
M To meet a public emergency affecting life, health, property,
or public safety the Board by two-thirds vote of the members of
the Board may adopt an emergency ordinance at the meeting at
which it is introduced, and may make it effective immediately,
except that no such ordinance may be used to levy taxes, grant or
extend a franchise, or authorize the borrowing of money. After
the adoption of an emergency ordinance, the Board shall have it
published in full within ten days in a daily newspaper of general
circulation.
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(G) Each ordinance and resolution after adoption shall be given a
serial number and shall be entered by the clerk in a properly
indexed record kept for that purpose.
(H) Within two years after adoption of this Charter the Board
shall have prepared a general oodification of all county ordinan-
ces and resolutions having the effect of law. The general codifica-
tion thus prepared shall be adopted by the Board in a single
ordinance. After adoption the Board shall have the codification
printed immediately in an appropriate manner together with the
Charter and such rules and regulations as the Board may direct.
Additions or amendments to the code shall be prepared. adopted.
and printed at least every two years. (Amended 11.4.86)
Sec. 1.03. Districts.
(A) There shall be eight County Commission districts. The
initial boundaries of these districts shall be as shown on the map
attached as Exhibit A and made a part hereof.
(B) The Board may by ordinance adopted by two-thirds vote of
the members of the Board change the boundaries of the districts
from time to time. The boundaries shall be fixed on the basis of
the character, population, and geography of the districts.
CO& reference—Bounduin of county commission districts,1 12.1 et seq.
Sec. 1.04. Composition of the board.
The Board shall consist of nine members elected as follows:
(1) From each of the eight districts there shall be elected by
the qualified electors of the County at large a County
Commissioner who shall be a qualified elector residing
within the district at least an months and within the
County at least three yeas before qualifying.
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(2) There shall be elected by the qualified electors of the
County at large a Mayor who shall be a qualified elec.
tor residing within the County at least three years
before qualifying. The Mayor shall also serve as a
member of the Board and shall be subject to all re-
strictions provided in this Charter applying to all
other Commissioners.
Beginning with the state primary elections in 1968, the
Mayor and each Commissioner shalt be elected for a term
of four years. (Amended 11-fr68)
See. 1.OL Forfeiture of office.
(A) Any member of the Board of County Commissioners
who ceases to be a qualified voter of the county or removes
himself fro)n the county or the district from which he was
elected, or who fails to attend meetings without good cause
for a period of six months. shall immediately forfeit bis
office. Any Commissioner except the Mayor who ceases to
reside in the district which he represents shall also immediately
forfeit his office.
(B) Any elected or appointed county official who holds any
Ober elective office, whether federal, state or municipal, shaU
forfeit his county position, provided that the provisions of
this subsection shall not apply to any official presently hold.
ing such other office during the remainder of the present
terms.
(C) Any appointed official or employee of Dade County who
qualifies asit xandidate for election to any federal, state or mu•
nicipal office shall immediately take a leave of absence from his
or her county position until the date of the election and shall, if
elected, immediately forfeit his or her county position. U the
candidate is not elected, he or she shall immediately be rein-
stated to his or her former position. (Amended 11")
Sea 1.06. Salary.
Each County Commissioner shad receive a salary of
$6,000 per year payable monthly and shall be entitled to be
Sapp. No.159
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(8) There shall be elected by the qualified electors of the
County at large a Mayor who shall be a qualified else.
for residing within the County at least three years
before qualifying. The Mayor shall also serve as a
member of the Board and shall be subject to all m
strictions provided in this Charter applying to all
other Commissioners.
Beginning with the state primary elections in 1968, the
Mayor and each Commissioner shall be elected for a term
of four years. (Amended 11-6.68)
See. 1.05. Forfeiture of office.
(A) Any member of the Board of County Commissiown
who ceases to be a qualified voter of the county or removes
himself frdm the county or the district from which he was
elected, or who fails to attend meetings without good cause
for a period of six months. shall immediately forfeit his
office. Any Commissioner except the Mayor who ceases to
reside In the district which he represents shall also immediately
forfeit his office.
(B) Any elected or appointed county official who holds any
ether elective office, whether federal, state or municipal, shall
forfeit his county position, provided that the provisions of
this subsection shall not apply to any official presently hold.
ing such other office during the remainder of the present
terms.
(C) Any appointed official or employee of Dade County who
qualifies as ip candidate for election to any federal, state or mu,
nicipal oil3oe shall immediately talcs a leave of absence fi+om his
or her county position until the date of the election and shall, if
elected, immediately forfeit his or her county position. if the
candidate is not elected, he or she shall immediately be rein-
stated to his or her former position. (Amended 11")
Sea 1.06. Saba.
- Each County Commissioner shad receive a salary of
$%000 per year payable monthly and shall be entitled to be
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reimbursed for such reasonable and necessary expenses as
may be approved by the Board.
See. 1.07. Vacaoeio&
Any vacancy in the office of Mayor or the other members
of the Board shall be filled by majority vote of the remaining
members of the Board within thirty days, or the Board shall
call an election to be held not more than forty-five days
thereafter to fill the vacancy. The person chosen to fill the
office vacated muat at the time of appointment meet the
residence requirements for the office to which such person
is appointed. A person appointed shall serve only until the
next county -wide election. A person elected shall serve for
the remainder of the unexpired term of office. If a majority
of the members of the Board should become appointed rather
than elected to office, then the Board shall call an election
to be held not more than forty-five days thereafter to permit
the registered electors to elect commissioners to succeed
the appointed commissioners; appointed commissioners may
snowed themselves unless otherwise prohibited by the Charter.
If a county -wide election is scheduled to be held within one
hundred eighty days from the date on which the majority of
the members of the Board become appointive, the Board
may elect to defer the required election until the scheduled
county -wide election.
Sea LO& Organisation of the board.
The Mayor shall be chairman of the Board. The Board
shall select a vice4hairman who shall serve at the pleasure
of the Board and who shall be known as Vice Mayor. The
Clerk of the Circuit Court or his deputy shall serve as cleric
of the Board. No action of the Board shall be taken except
by a majority vote of those present at a meeting at which
a majority of the Commissioners then in office is present. All
meetings shall be -public.
See. 1.09. Mayor to report to Citizenry.
The Mayor shall prepare and deliver a report on the state
of the County to the people of the County between November
Supp. No. 159 16
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1 and January 31 annually. Such report shall be prepared
after consultation with the County Commissioners and the
County Manager.
ARTICLE 2. ELECTIONS
Sea 2.01. Election and commencement of terms of county
Commissioners.
(A) Unless otherwise provided in the Charter, beginning
in 1976, the election of the Mayor and the County Commis-
sioners, from four County Commission districts to be selected
by voluntary arrangement or by lot prior to June 1, 1976
shall be held at the time of the state primary elections in
1976 and every four years thereafter at the same time. The
County Commissioners from the other four County Commis-
sion districts shall also be elected in 1976 in the same manner,
but only for two year terms; the election of County Com-
missionera from these four County Commission districts will be
held again in 1978 and every four years thereafter at the
time of the state primary elections.
(B) A candidate must receive a majority of the votes cast
to be elected. If no candidate receives a majority of the
votes cast there will be a run-off election at the time of the
state second primary election between the two candidates
receiving the highest number of votes. Should a tie result,
the outcome shall be determined by lot.
(C) Except as otherwise provided in this Charter, the
terms of office of the Mayor and the other County Commis-
sioners shall commence on the second Tuesday next suc-
ceeding the date provided for the state second primary elec-
tion.
Sea 2.02. Reserved.
EditWe note —Sea 2.02. which related to the election of county com-
missioners from municipalities. was repealed by Grote of the electorate
on Nov. 8. IML
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See. 2.03. Nonpartisan elections.
§ L06
All elections for Mayor and the other members of the
Board shall be nonpartisan and no ballot shall show the
party designation of any candidate. No candidate shall he
required to pay any party assessment or state the party
of which he is a member or the manner in which he voted
or will vote in any election.
Asnetatior—In two separate actions consolidated for trial challenging
the validity of the Home Rule Charter providing for non -partisan elec-
tion of county commissioners. Supreme Court held sections of Charter
(14 2A3 and 2.04) were valid and constitutional, as adopted by the
people. even though the method of election of county commissioners was
in conflict with the general election laws of the state. Dade Cossty and
Richard Ervin v. Young Democratic Cisb of Dade County and G.O.P.
Comniuee of Dade County; and Dade County and Richard Ervin v.
Democratic Party of Dade County. Fla.. 104 $o. 2d UL
See. LOC Qm1HflcaUons and filing fee.
All candidates for the office of Mayor or County Commis-
sioner shall qualify with the Clerk of the Circuit Court no
earlier than the sixty-third day and no later than noon on
the forty-ninth day prior to the date of the election at which
he is a candidate in the method provided by law or ordinance,
and shall pay a filing fee of $300.00. All filing fees shall be
paid into the general funds of the county.
Sec. 2.06. Reserved.
Editor's note —.Sec. 2.05. which related to elections in the event any
part of this Article is declared invalid, was repealed by vote of the
electorate on Nov. 5, 196L
Sea 2.06. AddiUonai . pguktions and state laws.
(A) The Board may adopt by ordinance any additional
regulations governing elections not inconsistent with this
Charter.
(B) Except as otherwise provided by this Charter or by
ordinance adopted hereunder the provisions of the election
laws of this state shall apply to elections held under this
Charter.
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Sea 2.07. Canvassing elections.
All elections under this Charter shall be canvassed by the
county canvassing board as provided under the election laws
of this state.
j ARTICLE 3. THE COUNTY MANAGER
See. 3.01. Appointment and removal.
The Board of County Commissioners shall appoint a County
Manager who shall be the chief executive officer and head of
the administrative branch of the county government. The
Board shall fix the Manager's compensation, and he shall
serve at the will of the Board.
Sae. 3.02. Qualifications.
The Manager shall be chosen by the Board on the basis
of his- executive and administrative qualifications. At the
time of his appointment he need not be a resident of the
state. No County Commissioner shall be eligible for the posi.
tion of Manager during or within two years after the expira-
tion of his latest term as Commissioner.
Sec. 3.03. Absence of manager.
The Board may designate a qualified administrative of-
ficer of the County to assume the duties and authority of
the Manager during periods of temporary absence or dis-
ability of the Manager.
Sea 3.04. Powers and duties of county manager.
(A) The Manimer shall be responsible to the Board of
County Commissioners for the administration of all units
of the county government under his jurisdiction. and for
carrying out policies adopted by the Board. The Manager.
or such other persons as may be designated by resolution
of the Board, shall execute contracts and other instruments,
sign bonds and other evidences of indebtedness, and accept
process.
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(B) Unless otherwise provided for by civil service rules
and regulations, the Manager shall have the power to ap-
point and suspend all administrative department heads of the
major departments of the county, to -wit: Tax Collector. Tax
Assessor. Department of Public Works. Department of Pub.
lic Safety, Building and Zoning Department. Planning De-
partment, Finance Department, Park and Recreation Depar-
ment and Internal Auditing Department, except that before any
appointment shall become effective, the said appointment must
be approved by the County Commission and if the same is
disapproved the said appointment shall be void. In the event
such appointment shall be disapproved by the County Com-
mission the appointment shall forthwith become null and
void and thereupon the County Manager shall make a new
appointment or appointments. each of which shall likewise
be submitted for approval by the County Commission. How-
ever, the right to suspend, remove or discharge any depart-
ment head with or without cause, is reserved at all times to
the County Manager.
See. 3.05. Restriction on board members.
Neither the Board nor any of its members shall direct
or request the appointment of any person to, or his re-
moval from, office by the Manager or any of his sub-
ordinates, or take part in the appointment or removal of
officers and employees in the administrative services of the
county. Except for the purpose of inquiry, as provided
in Section 1.01A(20), the Board and its members shall
deal with the administrative service solely through the
Manager and neither the Board nor any members thereof
shall give orders to any subordinates of the Manager, either
publicly or privately. Any -wilful violation of the provisions
of this Section by a member of the Board shall be grounds
for his removal from office by an action brought in the
Circuit Court by the State Attorney of this county.
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ARTICLE 4. ADMINISTRATIVE ORGANIZATION AND
PROCEDURE
See. 4.01. Dgartmnta.
. There shall be departments of finance, personnel, plan-
ning, law, and such other departments as may be estab-
lished by administrative order of the Manager. All functions
not otherwise specifically assigned to others by this Charter
shall be performed under the supervision of the Manager.
Sec. 4.02. Administrative procedure.
The Manager shall have the power to issue and place
into effect administrative orders, rules. and regulations. The
organisation and operating procedure of departments shall
be set forth in administrative regulations which the Man-
ager shall develop, place into effect by administrative orders,
and submit to the Board. The Board may, by resolution.
modify such orders, rules. or regulations. providing however,
no such orders, rules or regulations creating, merging or com-
bining departments, shall become effective until approved
by resolution of the Board.
Sea 4.03. Financial administration.
(A) The department of. finance shall be headed by a
finance director appointed by the Manager. The finance
director shall have charge of the financial affairs of the
county.
(B) On' or before the date established by law, the Manager
SUB recommend to the Board a proposed budget presenftg
a complete financial plan, including capital and operating
budgets, for the ensuing fiscal year. A summary of the budget
shall be published and the Board shall hold hearings on and
adopt a budget.
(C) No money shall be drawn from the county treasury
nor shall any obligation for the expenditure of money be
incurred except pursuant to appropriation and except that
Sapp. Na 134 21
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the Board may establish working capital, revolving, pension,
or trust funds and may provide that expenditures from
such funds can be made without specific appropriation. The
Board, by ordinance, may transfer any unencumbered ap.
propriation balance, or any portion thereof, from one de-
partment, fund, or agency to another, subject to the pro.
visions of ordinance. Any portion of the earnings or balance
of the several funds, other than sinking funds for oblige-
- tions not yet retired, may be transferred to the general
funds of the county by the Board.
(D) Contracts for public improvements and purchases of
supplies, materials, and services other than professional shall
be made whenever practicable on the basis of specifications
and competitive bids. Formal sealed bids shall be secured
for all such contracts and purchases when the transaction
Involved more than the minimum amount established by
the Board of County Commissioners by ordinance. The
transaction shall be evidenced by written contract submitted
and approved by the Board. The Board, upon written recom.
mendation of the Manager, may by resolution adopted by
two-thirds vote of the members present waive competitive
bidding when it finds this is to be in the best interest of
the county.
(E) Any county official or employee of the county who
has a special financial interest, direct or indirect, in any
action by the Board shall make known that interest and
shall refrain from voting upon or otherwise participating
in such transaction. Willful violation of this Section shall
constitute malfeasance in office, shall effect forfeiture of
office or position, and render the transaction voidable by
the Board.
(F) Such officers and 'gmployees of the county as the
Board may designate shall give bond in the amount and
with the surety prescribed by the Board. The bond premiums
shall be paid by the county.
(G) At the end of each fiscal year the Board shall pro-
vide for an audit by an independent certified public ac.
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countant designated by the Board of the accounts and fi-
nances of the county for the fiscal year just completed.
(H) The Budget Commission created by Chapter 21874,
Taws of Florida, 1948, is hereby abolished, and Chapter
21874 &hall no longer be of any effect
iQdhw% aesto —Sea 4.08(D) wu anmded by vote of the eledwatf an
Oct. 6, 1978, to provide that sealed bids be secured when the transaction
Involves more "than the minimum amount established by the Board of
County Commissioners by ordinance."
Annotation --in action of Dade County Budget Commission for de.
claratory decree. Supreme Court held that electors by adoption of home
rule charter abolished budget commission. Chase v. Cowart. Fla. 102 So.
2d 147.
See. 4.04. Assessment and collection of taxes.
(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
eoaaty and municipal taxes. Thereafter no municipality
shall have an assessor or prepare an ad valorem tau ro1L
Each municipality shall continue to have the right to adopt
Its own budget, fix its own millage, and levy its own takes.
Each municipality shall certify its levies to the County
Manager not later than thirty 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
&hall be available for public inspection at reasonable times.
Maps showing the assessed valuation of each parcel of prop.
erty may be prepared and made available for sale to the
public at a reasonable price.
(B) All county and municipal taxes for the talc year be-
ginning January 41961, and all subsequent tax years, shall
be collected by thb county on one bill prepared and sent out;
by the county. The amounts of county and municipal taws
shall be shown as separate items, and may be paid sep-
arately.
(C) Delinquent municipal taxes shall be collected in the
same manner as delinquent county taxes.
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(D) All the tax revenues collected for any municipality
shall be returned monthly by the county to the municipality.
Sec. UL Department of personnel.
(A) The Board of County Commissioners shall establish
and maintain personnel and civil service, retirement, and group
insurance programs. The personnel system of the county shall
j be based on merit principles in order to foster effective career
service in county employment and to employ those persons
best qualified for county services which they are to per-
form.
(B) The County Manager shall appoint a personnel direc.
tor who shall head the department of personnel and whose
duty it shall be to administer the personnel and civil service
programs and the rules governing them. The standards of
such programs shall not be less than those prevailing at
the time of the effective date of this Charter.
(C) Except as provided herein, Chapter $0265, General
Laws, 1956, as it exists on the effective date of this Char-
ter, shall remain in effect until amended or changed by
ordinance of the Board of County Commissioners adopted by
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two-thirds vote of the members present after recommenda-
tion from either the Personnel Advisory Board or the County
Manager.
(D) Employees of municipalities who, by merger, trans.
fer, or assignment of governmental units or functions be-
come county employees. shall not lose the civil service rights
or privileges which have accrued to them during their
period of employment with such municipality, and the coun-
ty shall use its best efforts to employ these employees
within the limits of their capabilities. However. if because
of the merger of a department or division of a municipality
with the county, all of the employees of such department
or division are unable to be employed by the county, either
because of lack of funds or lack of work, the employee
possessing the greater amount of service shall be retained
in accordance with civil service rules and regulations. Those
employees who are not retained shall be placed on a priority
list for employment by the county subject to seniority. Any
nonretained employee shall have the option, if a vacancy
occurs or exists in another department, and if he is quali-
fied to render the service required, to either accept such
employment or remain on the priority list until such time
as employment shall be available for him in his own or
similar classification.
(E) The pension plan presently provided by the state for
county employees shall not be impaired by the Board. Em-
ployees of municipalities. who by merger, transfer. or assign-
ment of governmental units or functions become county
employees shall not lose their pension rights, or any re-
serves accrued to their benefit during their period of em-
ployment with -'such municipality. The Board of County
Commissioners shall provide a method by which these em-
ployees' rights and reserves shall be protected. and these
employees shall continue until retirement, dismisaat, or death
in a pension status no less beneficial than the status held
by them at the time of merger or assignment.
(F) The Board of County Commissioners shall provide
and place into effect a practical group insurance plan for
all county employees.
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DADE COUNTY CODE
See. 4.06. Department of law.
4.d 4
There shall be a county attorney appointed by the Board
of County Commissioners who shall serve at the will of the
Board and who shall head the department of law. He shall
devote his full time to the service of the county and shall
serve as legal counsel to the Board, Manager, and all county
departments, offices, and agencies, and perform such other
legal duties as may be assigned to him. With the approval
of the Board. he may appoint such assistants as may be
necessary in order that his duties may be performed properly.
The Board may employ special counsel for specific needs.
See. 4.07. Department of planning.
The department of planning shall be headed by a plan-
ning director appointed by the County Manager. The plan-
ning director shall be qualified in the field of planning by
special training and experience. Under the supervision of
the Manager and with the advice of the Planning Advisory
Board elsewhere provided for in this Charter, the planning
director shall among other things:
(1) Conduct studies of county population, land use, fa-
cilities, resources. and needs and other factors which
influence the county's development, and on the basis
of such studies prepare such official and other maps
and reports as, taken together, constitute a master
plan for the welfare, recreational, economic, and physical
development of the county.
(2) Prepare for review by the Planning Advisory Board,
and for adoption by the Board of County Commis-
sioners, zoning, subdivision, and related regulations
for the unincorporated areas of the county and mini-
mum standards governing zoning, subdivision, and
related regulations for the municipalities; and pre-
pare recommendations to effectuate the master plan
and to coordinate the county's proposed capital improve.
ments with the master plan.
(3) Review the municipal systems of planning, zoning,
subdivision, and related regulations and make recom-
Sam. No. 127
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mendations thereon with a view to coordinating such
municipal systems with one another and with those
of the county.
See. 4.0& Boards.
(A) The Board of County Commissioners shall by ordi-
nance create a Planning Advisory Board, a Zoning Appeals
Board, and such other boards as it may deem necessary, pre-
scribing in each case the number, manner of appointment,
length of term, and advisory or quasi-judicial duties of mem-
bers of such boards, who shall serve without compensation
but who may be reimbursed for necessary expenses incurred
in official duties, as may be determined and approved by the
Board of County Commissioners.
(B) The Board of County Commissioners may by ordinance
provide for the expansion of the City of Miami Water and
Saver Board to an agency county wide in scope and authority,
with the power to acquire, construct and operate water and
sewer systems within the incorporated and the unincorporated
areas of Dade County, which agency shall be known as the
Miami -Dade Water and Sewer Authority. The Miami -Dade
Water and Sewer Authority shall have the responsibility to
develop and operate a county -wide water and sewer system
for the purpose of providing potable water, sewage collection
and disposal and water pollution abatement to the citizens of
Dade County.
(C) Dade County shall retain all its powers, including but
not limited to that of eminent domain, in relation to the cre-
ation of a county -wide water and sewer system, for the pur-
pose of cooperating with the Miami -Dade Water and Sewer
Authority.
()CL 3, IM, sdd�ing�thMt 4.08 oas amended par&MphS (8) and (C . the aleetorate oa
ARTICLE 5. MUNICIPALITIES
Ser. 5.01. Continuance of municipalities.
The municipalities in the county shall remain in existence
so long as their electors desire. No municipality in the county
Sapp. No. 127
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shall be abolished without approval of a majority of its
electors voting in an election called for that purpose. The
right of self determination in local affairs is reserved and
preserved to the municipalities except as otherwise provided
in this Charter.
Ansetaties—HaaMpal Aataaeay Amendment Supreme Court held
that proposed autonomy amendment to Some Rule Charter whereby mu-
nitipalities in county would maintain continuous right to exercise all
powers whether granted by own charter, b epeeial act or general state
statute was invalid and unconstitutional psart. but not to such an
eztent that submission of the amendment to the electorate was improper.
Dade County and Cicero and Girtman v. Dade County League of Mould.
p&Htiss. Fla..10i So. U 61L
See. 5.OL Municipal powers.
Each municipality shall have the authority to exercise
all powers relating to its local affairs not inconsistent with
this Charter. Each municipality may provide for higher
standards of zoning, service, and regulation than those pro.
vided by the Board of County Commissioners in order
that its individual character and standards may be pre-
served for its citizens.
Sea SAL Municipal charters.
(A) Except as provided in Section 5.04, any municipality
in the county may adopt, amend, or revoke a charter for
its own government or abolish its existence in the following
manner. Its governing body shall, within 120 days after
adopting a resolution or after the certification of a petition
of ten per cent of the qualified electors of the municipality,
draft or have drafted by a method determined by municipal
ordinance a proposed charter, amendment, revocation, or
abolition which shall be submitted to the electors of the
mtmicipalities. Unless an election occurs not less than 60
nor more than 120 days after the draft is submitted, the
proposal shall be submitted at a special election within that
times The governing body shall make copies of the proposal
available to the electors not less than 80 days before the -
election. Alternative proposals may be submitted. Each pro-
posal approved by a majority of the electors voting on such
proposal shall become effective at the time fixed in the
pal•
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(B) All municipal charters, amendments thereto, and re-
peals thereof shall be filed with the Cleric of the Circuit
Court.
Bee. 5.04. Changes in municipal boundaries.
j (A) The planning director shall study municipal bounds
ries with a view to recommending their orderly adjustment,
improvement, and establishment. Proposed boundary changes
MAY be initiated by the Planning Advisory Board, the Board
of County Commissioners, the governing body of a munid.
-_
pslity, or by a petition of any person or group concerned.
(B) The Board of County Commissioners, after obtaining
=
the approval of the municipal governing bodies concerned,
after hearing the recommendatlons of the Planning Advisory
Board, and after a public hearing, may by ordinance effect
,
boundary chasm unless the change involves the annex.
-
ation or separation of an area of which more than 250 rest.
dents are electors, in which case an affirmative vote of a
majority of those electors voting shall also be required. Upon
any such boundary change any conflicting boundaries set
_ forth in the charter of such municipality shall be considered
amended.
i
(C) No municipal boundary shall be altered except as pro.
_ vided by this Section.
SW- SAL Creation of new municipalities.
— The Board of County Commissioners and only the Board
may authorize the creation of new mnnidpallties in the un.
incorporated areas of the county after hearing the recom.
mendations of fire Planning Advisory Board, after a public
hearing, and after an affirmative vote of a majority of the
_ electors voting and residing within the proposed boundaries.
'
The Board of County Commissioners shall appoint a charter
• commission, consisting of five electors residing within the
' proposed boundaries, who shall propose a charter to be sub, -
to the electors in the manner provided in Section
SAL The new municipality shall have all the powers and
Sapp. Na 134 �
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rights granted to or not withheld from municipalities by
this Charter and the Constitution and general laws of the
State of Florida.
Sea 5A6. Conteaets with other unite of government.
Every municipality in this county shall have the power
to enter into contracts with other governmental units with.
In or outside the boundaries of the municipality or the
county for the joint performance or performance by one
unit in behalf of the other of any municipal function.
Sea L07. Feaoehise and utility taxes.
8*venu s realized from franchise and utility taxes imposed
by municipalities shall belong to municipalities.
ARTICLE L RESERVED
ARnCLB 7. INIZUTIM REFERENDUM, AND RECALL
Bee. 7.01. InitiatMe and referendum
The electors of the county shall have the power to pro.
pas to the Board of County Commissioners passage or
repeal of ordinances and to vote on the question if the
Board refuses action, according to the following procedure:
(1) TheAmeon proposing the exercise of this power shall
wit the proposal to the Board which shall without
delay approve as to form a petition for circulation
in one or several copies as the proposer may desire.
i (2) KM person or persons dmulsting the petition shall,
within 60 days of the anwoval of the form of the
petit obtain the valid signatures of voters in the
county in numbers at least equal to four percent of
the registered voters in the county on the day on which
`Ndw-Ar" s. PWUW�i to tM WhOPOMM env% Was ddW ad
by tM 610e0o S" as iris 711M.
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4 7.01 CHARTER 1 7.01
the petition is approved, according to the official rec.
ords of the County Supervisor, of Elections. In debw.
mining the sufficiency of the petition, no more than
25 percent of the valid signatures required shall come
from voters registered in any single county commis.
sion district. Each signer of a petition shall place
thereon, after his name, the date, and his place of
residence or precinct number. Each person circulating
a copy of the petition shall attach to it a sworn affi.
davit stating the number of signers and the fact that
each signature was made in the presence of the circu.
lator of the petition.
(8) The signed petition shall be filed with the Board
which shall within 30 days order a canvass of the
signatures thereon to determine the sufficiency of the
signatures. If the number of signatum is insufficient
or the petition is deficient as to form or compliance
with this section, the Board shall notify the person
filing the petition that the petition is insufficient
and has failed.
(4) The Board shall within 30 days after the date a ad.
ficient petition is presented either:
(a) Adopt the ordinance as submitted in an initiatory
petition or repeal the ordinance referred to by a
referendary petition, or
(b) Submit the proposal to the electors in impartial
and concise language and in such manner as pro-
vides a clear nnderatanding of the proposaL
(5) If the boa* -determines determines to submit the proposal to the
electors, the election shall be held either:
(a) In the nest scheduled countywide election, or ,
(b) If the petition contains the valid signatures of vot-
ers in the county in numbers at least equal to
eight percent of the registered voters in the coon.
ty6 the election shall take place within Im days
after the date the petition is presented to the
Su. Na 134 29
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Board, preferably in an election already scheduled
for other purposes, otherwise in a special elec-
tion.
The result shall be determined by a majority vote of
the electors voting on the proposal.
(a) An ordinance proposed by initiatory petition or the
repeal of an ordinance by referendary petition shall
be effective on the day after the election, except
that:
(a) Any reduction or elimination of existing revenue
or any increase in expenditures not provided for
by the current budget or by existing bond issues
shall not take effect until the beginning of the
next succeeding fiscal year; and
(b) Rights accumulated under an ordinance between
the time a certified referendary petition against
the ordinance is presented to the Board and the
repeal of the ordinance by the voters, shall not be
enforced against the county; and
(e) Should two or more ordinances adopted at the
same election have conflicting provisions, the one
receiving the highest number of votes shall pre•
vail as to those provisions.
(7) An ordinance adopted by the electorate through ini-
tiatory proceedings shah not be amended or repealed
by the Board for a period' of one year after the
election at which it was adopted, but thereafter it
may be amended or repealed like any other ordinance..
ZMbmft neie--$ea. m(s), (8), and (5) wm ameaded by the else•
taste on oct 5, r978.. to (1) change the time for circulating an
initiative petition to 60 diys; (2) change the signatures requirement to
four pavent of the county's registared voters. with not more than 25
pe P - from any one district; and (3) schedule initiatory and refer.
endary elections in the next county -wide election unless the petition in.
eiades the signatures of eight percent of the county's registered voters in
which sew a special election is to be held.
See. 7.01(4) was amended by the electorate on Oct. 5, 1978, to require
snbmiraion "in impartial and concise language and in such manner as
provides elm understanding of the propoaW'
SuM No.134 gO
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See. 7.01(6) (a) was amended by the electorate on Oct. 5,1978, by adding
"inause in" before "umaditurea" and other rewarding for vasiffeat ion
of intent
See. 7.02. ReealL
Any member of the Board of County Commissioners or
the Sheriff or any Constable 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 peti.
tion, except that:
(1) The Clerk of the Circuit Court shall approve the
form of the petition.
(2) The person or persons circulating the petition must
obtain signatures of electors of the countyj district, or
municipality concerned in numbers at least equal to
four percent of the registered voters in the county,
district or municipality on the day on which the pets.
tin is approved, according to the official records of
the County Supervisor of Elections.
(3) The signed petition shall be filed with and canvassed
and certified by the Clerk of the Circuit Courk
(4) The Board of County Commissioners must provide for
a recall election not less than 45 nor more than 90
days after the certification of the petition.
(5) The question of recall shall be placed on the ballot
in a manner that will give the elector a clear choice
for or against the recall. The result shall be determined
by a mabrity vote of the electors voting on the
question.
(6) If the majority is against recall the officer shall
continue in office under the terms of his previous
election. If the majority is for recall he shall, regard.
less of any defect in the recall petition, be deemed
removed from office immediately.
Sup¢. No. 134
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(7) No recall petition against such an officer shall be
certified within one year after he takes office nor
within one year after a recall petition against him
is defeated.
(8) Any vacancy created by recall in the offices of Sheriff
or Constables shall be filled for the remaining term
by appointment by the Board of County Commis.
' stoners, or the Board may require the office to be
filled at the next regular election or at a special
election called for that purpose.
Fditor's note --Sec. 7.02(2) was amended by the electorate on Oct.
6, 1978, to increase the number of signatures for a recall petition from
20.000 to at least four percent of the registered voters.
ARTICLE S. GENERAL PROVISIONS
Sea. 8.0L Abolition of certain offices and tramfer of funs.
(A) On May 1, 1958, the following offices are hereby
abolished, and the powers and functions of such offices are
hereby transferred to the County Manager who shall provide
for the continuation of all the duties and functions of these
Supp. No. 134 32
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6 8.02
offices required under the Constitution and general laws of
this state: County Assessor of Taxes, County Tax Collector,
County Surveyor, County Purchasing Agent, and County
Supervisor of Registration.
(B) The County Manager may delegate to suitable per-
sons the powers and functions of such officers provided
however that until the term of office for which they were
elected shall terminate the County Assessor of Taxes, the
County Tax Collector, the County Supervisor of Registration.
and the County Purchasing Agent shall each if he so desires
remain in his position and receive the same salary as presently
provided by statute.
(C) In the event that other elective offices 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 the duties and functions
of these offices required under the Constitution and general
laws.
(D) On November 9, 1966, the Office of Sheriff is hereby
abolished and the powers and function of such office are here.
by transferred to the County Manager, who shall provide for
the continuation of all the duties and functions of this office
required under the Constitution and general laws of this
state. The County Manager may delegate to a suitable person
or persons the powers and functions of such officer. Section
1.01(A) (19) (a) of this Charter is amended by deleting the
word "Sheriff" and subsections (b) and (c) are repealed.
Editor's note--0n*Nov. S. 1966. the charter was amended by addiau
new subsection (D) to +6 8.01.
Sea UL Reserved.
Asesdaent note —At a special election on Nov. b. 1969 the electorate
repealed 4 8.02, pertaining to officers or employees called before a grand
Jury and refusing to sign a waiver of immunity or to tesWy.
Sam Na ee 3S
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DADE COUNTY CODE 4 &06
See: 8.0& Tort iiabilitp.*
The county small be liable in actions of tort to the same
extent that municipalities in the State of Florida are liable in
actions in tort However no suit shall be maintained against
the county for damages to persons or property or for wrongful
death arising out of any tort unless written notice of claim
shall first have been given to the county in the manner and
within the time provided by ordinance, except that the time
fixed by ordinance for notice shall be not less than 80 days
nor more than IN days.
See. 8.04. Supremacy Clause.
(A) This Charter and the ordinances adopted hereunder
shall in cases of conflict supersede all municipal charters and
ordinances, except as herein provided. and where authorized
by the Constitution. shall in cases of conflict supersede all
special and general laws of the state.
(B) All other special and general laws and county ordi•
nanas and rules and regulations not inconsistent with this
Charter shall continue in effect until they are superseded by
ordinance adopted by the Board pursuant to this Charter .
and the Constitution. `
See. SAL Esisting franchises, contracts, and licenses.
All lawful franchises, contracts, and licenses in force on the
effective date of this Charter shall continue in effect until
terminated or modified in accordance with their terms or in
the manner provided by law or this Charter.
•»iftee'e auto- In the emn of MmWds. AppdLat. V. BoTd et al..
comae the Board of Cow of of Dade ComAf, IN
So. td bo6. the Supreme ComrCof Mwida on Mach 7. 19M held 4 &0E
Of the Charter nnoonstftntional, as eoolliedne with Art S. 122 of the
state eonstitnUm which that p:ovfsioa may be made by eeaetaf
law for brim suit against the state. A eoo� eo"ans bait of
the mac deny of state 2oeernmeat parteken of sowerefsn imm .
hence is immune from tort SabUity in the abeeme of haeral statute
ame entotthe Co�ta� thefte eonheU covez in the home rule
s.sa. xo. a 34
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Sae. LOL Effed of the Charter.
(A) This Charter shall be liberally construed in aid of its
declared purpose, which is to establish effective home rule
government in this county responsive to the people. If any
article, section, subsection, sentence, clause, or provision of
this Charter or the application thereof shall be held invalid
for any reason, the remainder of the Charter and of any ordi-
nances or regulations made thereunder shall remain in full
force and effect.
(B) Nothing in this Charter shall be construed to limit or
restrict the power and jurisdiction of the Florida Railroad
and Public Utilities Commission.
See. 8.07. Amendments.
(A) Amendments to this Charter may be proposed by a
resolution adopted by the Board of County Commissioners
or by petition of electors numbering not less than ten per
cent of the total number of electors registered in Dade
County at the time the petition is submitted to the Board.
Initiatory petitions shall be certified in the manner required
for initiatory petitions for an ordinance.
(B) Amendments to this Charter may be proposed by
Initiatory petitions of electors biennially, only during even
numbered years in which state primary and general elections
are held. All elections on charter amendments proposed by
initiatory petitions shall be held in conjunction with state
primary or general elections, unless the Board of County
Commissioners shall determine to call a special election by two.
thirds vote of the entire membership.
(C) Amendments to this Charter may be proposed by
the Board of County Commissioners at any time. Elections
on charter amendments proposed by the Board shall be held
not less than sixty nor more than one hundred twenty days
after the Board adopts a resolution proposing any amendment
(D) The result of all elections on charter amendments shall
be determiner) by a majority of the electors voting on the
proposed amendment.
Sam. No. 127
$6
SS--1 I %
;a
,98-178
16A8 DADE COUNTY CODE 68.09
See. 8.0L Revisions.
At least once in every five-year period 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. The proposed revision shall
then be presented to the Board for review, modification
{ and approval. If the Board approves such proposed revision,
either with or without modification, it shall present such pro.
posed revision to the electorate in accordance with the pro.
visions of Section 8.07(C) and (D). Simultaneous elections may
be held on a proposed revision and on individual amendments
that are proposed.
Sec. SAL Effective date.
This Charter shall become effective sixty days after it
is ratified by a majority of the qualified electors of the
county voting on the Charter.
ARTICLE 9. RESERVED*
•BNitws note-,Aruds 9, eontabdu bundtorr provisions, was M
psaW by its own terms as of December 81, IDOL
Sapp. No.127
38
88-1'7'7
Z8-178
rr�
1 9.03 CHARTER 1 9.05
&& 9.03. Reassessment.
(A) Repealed.'
(B) Repealed.'
(C) Prior to January 1, 1961, each municipality shall con.
form its fiscal year to that of the county, and to accomplish
this may levy taxes for less or more than one year but for
not more than two years at once.
(D) Upon petition from any municipality on grounds of
hardship caused by use of the county tax rolls or prescribed
fiscal year, the Board may from year to year grant that
municipality an exemption, but no such exemption shall extend
beyond January 1, 1966.
Se¢. 9.04. Appropriation.
There is hereby appropriated from the general fund, fine
and forfeiture fund, or any other appropriate fund, from un-
anticipated receipts and unexpected balances in such funds,
sufficient monies as determined by the Board to pay for the
cost of establishing the various departments, positions, and
Procedures required by this Charter. Such appropriations and
expenditures are hereby declared to be for county purposes
and are legitimate expenditures, properly payable from the
1956-57 budget, as hereby amended.
Sm 9.05. Change of commission districts.
No County Commission district shall be changed until the
results of the 1960 federal census are available.
•Aneadment note —Section 9.03(A) and 9.03(8) were repealed by
vote of the electorate to delete said subsections. on August 15. 1961.
Previously. subsection (A) provided for reassessment of real and tangible
personal property, exclusive of property assessed by the state. cost
to be paid from weneral funds. and to be completed no later than January
1. 1961: subsection (8) provided that after completion of reassessment,
county tax rolls be completed and made available to municipalities. and
that beginning with the 1961 tax year no property tax rolls other than
those prepared by the county shall be used for tax assessment, except
as provided in 9.03M.
Sun%Nm 1A
37
88-t 7'7
` 8-Vfi,
i
0
t
1 9.06 DADE COUNTY CODE t 9.07
See. 9.06. Transition.
In order that there may be no interruption of the business
of the county, all persons holding office at the time this Char-
ter takes effect shall continue in the performance of their
functions and duties until their successors are appointed or
until their functions and duties are transferred, altered, or
abolished in accordance with this Charter. All laws in force
when this Charter becomes effective and not inconsistent
therewith shall continue in force until they are superseded by
ordinances adopted by the Board in pursuance of this Char-
ter. All ordinances and resolutions of the county in force
when this Charter becomes effective, and all lawful rights.
claims, actions. orders, obligations, proceedings, and con-
tracts shall continue until modified. amended. repealed. or
superseded in accordance with this Charter.
See. 9.07. Termination of this article.
After December 81, 1968, this Article 9 shall cease to be
a part of this Charter.
Aneadneat note--7% dab prescribed in 1 9.07 was changed from
January 1,1967, by amendment adopted by the electorate on Nov. 6. IM.
5"V6 Na If
38
88-V 7
` 8--176.
;a
CNARM
y,r L� �ZX
The f011O Cob of dh iadsm Bud
been 8sipmadmo L000ded
_dlobW flail am ulcer in a pesaamty boas vohlms. In this w
eamaem gm stock as "„AL�OyOH�OOUCC BIEVZUG
• Wi�� of
AND POWL, aed ae aL AY dab" =Mdu wiD wrra
SllsOeN tbwwmdw W" o somem fib! f0! rl•�.„ At �0
etitise pblea bsdss< wW maba:e • AQ eves
: will dh�set
Aleaiaiic Berars�sa," "DOG& Sees amd >lFeW amd sa eL
I me- this man of Hamm the sstiem mm obass say so*, amd
eb m dhw an eras riirmses to the a the b:das eon bs hot
op to data with emsa mad a simf� of vim firs sm Imeats
are p *Wmm . U the andem mabam ware mppemded to all arcs rder`
mom -- aatrseeoe loaefiems tlae■�bsoR ttie isiesr (es
pegs arpoplosm�seslq it wemid ragdm tba rspeitlsd ed each
is the soppiaLemta this iadesc pnoun unfobw if
oay the tion mp w on WMA lase p ast
title eppme mesas to be iepe+fstsdm th . v a6mo e mabae ed ems
rdesumeaa sem be wlsaHed spa, sombUnp the seer to Bed aap doeiemd
peorisier freer reaiiy.
A
AOQUMMON OF PBOPISTZ. See: Pmpeetp 8aethsm
ACM
Ststa law. See that odd"
AD VALO>:Z1t TAZZL Seas Tasntiom
ADOPTION BT MNC3L Sea: Cods, TedmW
ADOPTION OF CODZ. Sea: Coda of O:diasaeas
ADYZaTtSINa
PdAs fads for l dl(Al(1N
ADVISORY BOARDL Seas Boaede mmd Comabiass
AF I33UTIONL 8":Oaths
AGWCUL 8": Boards and Commissions
A
Co■bsets. Sea that saijaet
AMPORM AND AIIRCZA>l•P
Air toodools MUM)
Ttaspaetstiom 4stess. pm•iBmp 1Am(A) (2)
Al=OLIC BXViZMM
muldpal rgmistlor4 appal ad 1JI(A)(16)
Sots is aioeorpm , a arras LOI(A)(14)
Seep, Na 127
ion
88-1'77
Z8-178
A C
• t'f�i� i r.i
r.
i
!X
L
:•
DADE COUNTY CODS
ALL Sea: Ak hoHe Beea:apa
Section
ALLEYS. See: Straka Sad 8idewsM
AMENDMENTS TO CHARTER
LOT
AKUSZNMNTS
Beaebas. Sea that sabjeet
CoNOW tsaUtiaa and peopeams. See that sabjaet
Lomwies. See that sabieet
masa®s. See that aobjeet
PavkL See: Parke gad PbWgreaob
Playgrounds. See: Parke and Pla7gtoaods
BeassUm Sae. Partin Sod Pla><roaods
APPEALS BOARD, ZONING
Zoah:s appeak board. See: Zoubg
APPEARANCE BONDS. See: Bands
APPOINTIVE OFFICUL See: Offtm Sad MW'oP
on
APPROPRIATIONS. See: Fl own
ASSE881dIriTB
Special aeseesmenta. See thst aabjed
1lesatioD. See that mbjeet
ASSESSOR OF TAXES. See Ww: TmOM
4M(A)
mmkipautko map cot appowt
ATTORNEY. COUNTY. See: C atr AttwW
AUDITS. See: Fiaameea
AUTHORITIES. See: Baarda and Comnmiudm
AVENUES. See: 81, - and SHowalb
AVIATION. Sae: Airports and Ahadt
B
BAIL BONDS
Appearance boada. Bees Book
BEACHES
Erosion eonat+ol
LK(A) (8)
Spacial porpoee distekh for ,
1AI(A)(U)
BEES. Sae: AleoboHe Bovamm
BEVERAGES
AledWk bwauges. Sae that aobjoet
Snpp. No.127
lObO
88-1'7'7
98-178
CHARTER INDZZ
$ILL OF BIGHTS
Begun
Citism's bill of rights, page 7
BOARDS AND COMMONS
Appeals board soaiaa Sae: Zoning
Budget comaiaiom. See: Fineness
County eomWeeioa. Sea that subject
DspSee that subject
Esfiablishmeat and crsatisa
iA
Plaaaieg advisory board. See: Planning
Roos and reguisdons. See that subject
Zoning appeals board. Sea: Zoning
BONDS
Borrowing. See that title
Debts, satideetion of
1AI(C)
Fidelity bonds
O!lieers and empbpess
dmp(lr)
Issuance
M(A)(10)
Manager to sign
LW(A)
Be.ea, eertihaas, isaoaaea
lAl(A)(10)
BORRowINa
Authority
lAl(Al(10)
Beads. Sao that enbjeet
Debt, sati daetion of
isi(C)
BOULEVARDS. See: Streets and Sidewalks
BOUNDARIES
County eommipion distriets
Im
mend ipalid" of, ehsnging
SAd
BRICK CONTRACTORS. Sea: Coutsaetors
BRIDGES. See: Strwb and Sidewalks
BUDGET. See: Pins
BUDGET COIO MON. Sao: Flaaaess
BUILDING CONTRACTORS. See: Coatsaetoes
BUILDINGS •.
Building eoda, adoption and enforeemsa
M(A)(13) .
Codractors. Sea that subject
Bandar. See that subject
Inspection
I.io1(A)(lq
Swam Sae that subject
Shwa clearance. Sea that subject
Urban reaswal. Sea that subject
Zoning. See that subject
Sapp. No. 127
1051
i
is
IL
DADR'00trM OODR
BUMUS, See: Deputinnift
Batton
BURNUS
BOVIIISM1111 of
M(A)(n)
c
CANALS
WOUIPWO& Oft ties! 111111101A
CIMOM CONTRACTORS. Sees Qatrusen
ru I FICLUS
Of lodwitedowL SOS Bomb
CHANNELS. Sees Watwways
CRARTZR
Anandwaft
LK
Bill Of righti. See that title
Ceendn of owtaft peaehiossa an Jawsium 1. im
oar
0111inkto with othw haw
am
Ectedive dab
LOD
POPM of
URA)
Rabdons
LOB
CIRCUIT COUNT
Abdiablow or impabin JuriedLetion of
Ck*
Cede of comity toumd"1011, 4101119111"1
IM
CMCULATING LIBRARY. See: Mawin
crnm Son: uuwdpalujn
CITEMKI BIM OF RIGHTS. Sto: BM d Bights
CM IZBV-49.M Sees Libiraria
cm SZRVICZ
Appointment aid ressiowd of as*ym
WB)
Change of MVbrm0ft frM M=i*W to NOW
offset an rights
URD)
aw"ir ms. laws UK waftuaisce in effect
4M(C)
PtogniP6 askelffidmuft and sssabitam=e
4M(A)
CLASSOM SZKVICIL Son: Civil 8ovin
CODS OF ORDINANCZL Be* also: Oidboun
Adopdm
1ASM
• CWditkadm of ardhieswie
1ASM
Wbft
ME)
Sam No. 127
1052
88-177
,98-178,
711- M
CHAWM INDEX
CODZS. TECHNICAL.
&mufm
Adeption and .doeewaa!
L01(A)(U)
AdspUn by rdwesee
IA(D)
Rdm sad r*gaisdom See tbat subject
COT,LISSLON. Ses: Quay Commisdou
COMMISSIONERS. Snn: Boards sad C zondm use rs
COMMON CABS
Ral4eads. Sao dot subjeet
CONDEMNATION OF PROPERTY. See: Eminent Do.
mods
CONSERVATION
Edebiiebmost and administration
LOI(A)(8)
Peassases
1.01(A)(9)
CONSTABLES
AbsWhiuO or eoneoLdating offices
1.01(A)(10)
tot
CON8TITOTIONALLTY OF PROVISIONS. See: Se►.
eeabeft Cisco»
CONTRACTORS
Cnetl URN of eompetWK7
1.01(AHU)
Rumination
L01(A)(n)
CONTRACTS
Bids
4As(D)
biseati-a by massar
WA)
8'nistia�. cameo in effad
8.06. DAd
Fiaaaees. Ses that subjsct
Foe pedormxocss of autborised facetious
1.01(A)(17)
Fsaae6i & Son that subject
MaieipsWas with other governmental units
Los
Putbasse. Sao that subject
CORPORATIONS. See: Municipalities
COUNTY
Afthim 4 iaiss80sdf of
L01(A)(=0)
Bawds and eommisdons. Sao that subject
Boa.daries. See that sabjwt
• Cou nd for. Sae: Coasts Atoornns
Cmuft eommisdoas. Ses that subjed
Deps:tsnental Ses that anbje t
Ilistrieae, spwW pu:pos& Ben that subject;
Sapp. No. IV
loss
88-177
9g--g78:
A
.j
DADE COUNTY CODE
COUNTY—CoffirL
�- A I - king
LK(A)
B+tpoatibility for
3M(A)
Implied powers
Pown
M(B)
And privileges, exercise of
LO1(A) (n)
Appikable wben
141(B)
Implied
LOUD)
Tort liability of _
Om
COUNTY ASSESSOR OF TAXES
Office abolished
SAW, (B)
COUNTY ATTORNEY
Appointment ....
4M
Assietants
4A6
Department of law, bead of
JIM
Duda
too
Tenure of office
4Ad
COUNTY COMMON
Admiaistrati»
arnica
Dading witk through manatee'
sag
Chapman ___.
Los
Clark
L08
Compensation
1AG
Composition
IM
Contracts of county
Approval of
443(D)
Interest in
4A3(E)
Districts _.
La
Elections. See that subject
Expenses, reimbursement for
IM
Forfeiture of office
LM 4A3(E)
Governing body ...._
L01(A)
Implied powers
L01(B)
Imblative body _
LQI(A)
MWeasance in office .._.
4A3(E)
Manager responsible to
3M(A)
mayor. See that title
Meetings open to public
1Ad
Ordluances. See that subj"
Organisation ._.
IM
Powalf
lAl
And privileges, exercise of
LOI(A)(U)
Enumeration not deemed exclnaive
IAI(B)
Sapp. No.127
10"
88-1'7`%
98-1'78,
i . -1`saSn` t
CHARTED. INDEX
COUNTY COMMISSION--Contd.
Section
Qualifications __. _._ ....... _r
1.04
Quorum ___. _ .._ _
1.08
Recall. See: Elections
Removal _ _. _.
3.05
Taking office, when
2.01(C)
Tenure of office ..
1.04
Vacancies .
1.07
Vice-chairman .... _
1.08
COUNTY MANAGER. See: Manager
COUNTY PURCHASING AGENT
Office abolished ...... _.._....._..__._._
8.01(A)9 (B)
COUNTY SHERIFF. See: Sheriff
COUNTY SUPERVISOR OF REGISTRATION
Office abolished .....
8.01(A), (B)
COUNTY SURVEYOR
Office abolished .. .—.__ _
8.01(A)
COUNTY TAX COLLECTOR
Office abolished ._ _..__..._ _
8.01(A), (B)
COURTS
Circuit court. See that subject
Metropolitan court. See that subject
CREEKS. See: Waterways
CROSSINGS
Grade. See: Railroads
CUL-DE-SACS. See: Streets and Sidewalks
CULTURAL FACILITIES AND PROGRAMS
Providing
1.01(A) (7)
CULVERTS. See: Streets and Sidewalks
CURBS. See: Streets ind Sidewalks
D
DADE COUNTY. See: County
DAMAGES
Fidelity bonds against. See: Bonds
DEAD-END STREETS. See: Streets and Sidewalks
DEBTS
Satisfaction of ....
1.01(C)
1055
88-IL 7'7
�i.
DADE COUNTY CODE
DELINQUENT TAXES. Sea: Taxation
Section
DEPARTMENTS
Administrative orders
4.02
Adatiaistrativa tales and rm"tioas
4.02
Boards smd eommisaoos. See that subject
Easveetated _._
4.01
Fadablishamest
4.01
Fiasaw depastmen! of. See: Finances
Fometioas, sapestision of
4.01
Iaysstig"oas of
1.01(A) (20)
Law, departmmat of. See that subject
Operating prabedara
4.02
Organization _
4.02
Personnel, department of. See that subject
Plonaiair. department a L See: Planning
Ralas and regulations. See that subject
DEVEIAPIIENT, LAND
Sabdirisiana. Sea that subject
DISBIIRSEIIENTS. See: Fineness
DISPOSITION OP PROPERTY. See: Property
DISTILLED BEVERAGES. See: Alcoholic Beverages
DISTRICTS, SPECLAI. PURPOSE
AbdiWdm
Ul(A) (11)
Corm# funds for
Ut(A) (11)
Esbblidunent
LOl(A) (11)
Governing body of _ _
_.. 1.01(A) (11)
moving
1.01(A) (11)
Purposes ...
_ L01(A) (11)
DIVISIONS. See: Departments
DOCKS AND WHARVES
Watawaps► See that subject
DRAINAGE
Special purpose districts for,...
U1(A) (11)
DRAINS. See: Sewars
DRAUGHT BEER. See: Alcoholic Beverages
DRIVEWAIM Sea: Streets and Sidewalks
DWELLINGS. See: flouting
1056
SS-1'77.
L
CHASTER INDEX
R
EDUCATION
Seet)ou
Superintendent of public instruction. See that subject
E"ECPIVE DATE OF CHARTER
8.09
ELECTIONS
_ Causes of returns
2x
Oesmty commission, mayor
ruing fee
Frets districts
2.01
From municipalities
2.02
Qualifications and filing fee
2.04
Senramty clause
2.05
Stag election laws control. when
2.05
County supervisor of registration
Office abolished
8Ai(A). (B)
Dlcirkb
1.03
Filing fee. qualifications
2A4
InNatlA and referendum
7.01
Naapartisaa
2.03
Lions and filing fee
2A
�
742
8dersndums
County operation of municipal services
101(A) (18) (a)
Franchises ....
L01(A) (14) (a)
Regulations, adoption
2"
State election law, adopted
2.06(B)
ELECTRICITY
Contractors. See that subject
County operation, limitation on
1.01(A) (14) (b)
Street lighting, special purpose districts for
1.01(A) (11)
- EMINENT DOMAIN
— Authority, generally .
L01(C)
EMPLOYEES OF COUNTY. Ses: Officers and Em-
p1aye s .
EMPOWERING 'CLAUSE
1.01(A) (28)
ESPLANADES. See: Streets and Sidewalks
EXPENDITURES. See: Finances
EXPRESSWAYS. See: Streets and Stdewa&s
F
FIDELITY BONDS. See: Bonds
Supp. No. 127
1057
SS-1'7'7
`�8-1'78.
DADE COUNTY CODE
FINANCES
Seatioa
Appropriations
Raquired for mwmdftm
4.03(C)
A24M
4A(G)
Boods. See that subject
Bormwing. See that subject
Budget
4A3(:;)
Budget commission, abolished
4A3(K)
Clolatracts. See that sumset
Department of finance
Created . .......
4.01
Had of
4.03(A)
Disborsemmts
—riations rwMired for
4.03(C)
EzpsadftmApp:op:iatbe, required for
4.03(C)
Phismee director
Head of department of finance
4M(A)
onanibuid"
4.03(A)
Fuxds
Advertising purposes
L01(k) (15)
Pee 6 OW retiressntsystme. See that subject
Purehmes. See that subject
20from state
1.01(D)
Special ansomments, See that subject
Taxation. See that subject
Udm rmimmL See that subject
FIRE PROTECTION
Buildings. Ses, that subject
Central records . .....
1.01 (A) (4)
C%u=Mmieatioes
1.01 (A) (4)
Fire stations
1.01 (A) (4)
Special purpose districts, for
1.01 (A) (11)
Training . ... ......
1.01 (A) (4)
ummom system of
lAl (A) (4)
FLOOD CONTROL
EstaWishmsnt and administration — -----
1.01 (A) (8)
FLORIDA RAILROAD L AND PUBLIC UTILITIES
COMMISSION
Charter not dammed limitation on powers of
em(B)
FLORIDA STATUTES. See: State Law
I
H
Saw No. 127 1058
88-177.
MEN
CHARTER INDEX
FRANCHISES
Esbtine,, continuance in effect SA6
For municipal services. when IAI(A) (18)
Granting and regulation LOI(A) (14)
livaicipalities any tax 5.07
Rs[eraedunus on i 01(A) (14) (a)
Utilities _.,. 1AI(A) (14)
G
GARBAGE AND TRASH
Collection and disposal . r _
1.01(A) (9)
Speeial purpose districts for ._. `
1.01(A) (11)
GENERAL LAWS. See: State Law
Conflicts __
8A4(B)
GENERAL PENALTY. See: Penalties
GENERAL WELFARE. See: Welfare
GOVERNING BODY. See: County Commission
GOVERNMENT
Of eamy. Sea: County
GOVERNMENTAL UNITS
Mhdmnm standards for performance of service or
function _
1.01(A) (18)
GRADE CROSSINGS. See: Railroads
GROUNDS, PUBLIC. See: Property
GROUP INSURANCE. See: Insurance
GUTTERS. See: Streets and Sidewalks
. H
HARBORS. See: Waterways
HEALTH AND SANITATION
Health pis --
1A1(A) (6)
Hospiuls. Sea that subject
Sewers. See that subject
Water. See that subject
HIGHWAYS. See: Streets and Sidewalks
HOSPITALS
Providing .....................
1.01(A) (6)
1069
R8-177.
Emw
ON ION
DADE COUNTY CODE
HOUSING
Section
EstabUabment and administration .
1.01(A) (8)
Slow clearance. See that subject
Urban renewal. See that subject
I
IMPROVEMENT DISTRICTS. See: Districts, Special
Purpose
IMPROVEMENTS
Contracts for ._ . _ _........_ __ _..
4.08(D)
County development. public funds for . —
1.01(A) (lb)
Districts, special purpose. See that subject
Sewers. See that subject
Special asssssments for. See: Bps" Assessments -
INDEBTEDNESS
Bonds. See that subject
Borrowing. Sea that subject
INDEMNITY BONDS
Fidelity bonds. See: Bonds
INITIATIVE. See: Elections
INSURANCE
Fidelity bonds. See: Bonds
Group insurance plan, providing
4Ab(A). (F)
INTERIM PROVISIONS. See: Transitory Provisions
INTOXICATING BEVERAGES. See: Alcoholic Bever-
sgas
L
.. '.
LAKES. See: Waterways
LAND. Sea: Property
LANES. See: Streets and Sidewalks
LARGER COUNTIES CIVIL SERVICE. Sae: Civil
service
LAW, DEPARTMENT OF
Created
Head of
LAWS
Ordinances. See that subject
State law. See that subject
1060
f
4.01
4N
f 8-177
,9g-17f-
a
CSABTEB INDEX
LZGISUTION
Oriiaemees. Sea that subject
LEGISLATIVE BODY. See: County Commistioa
LURARM
P� --- _.
lAl(A)('n
LICENSES
Zsbd g. continuance in effect ..........
Viblelse for bin. See that subject
LIQUOR See: Alcoholic Beverages
LI TEL See: Garbage and Trash
LOANS
Beads. See that subject
Borrowing. See that subject
LOCAL IMPROVEMENTS. See: impnnmsnts
LOW BENT HOUSING. See: Housing
M
MALT BEVERAGES. See: Alcoholic Beverages
MANAGER.
Appointment ...». ..___.....___.._....._
U1
Chief executive officer. designated ...._»»._
3.O1
Cormiss�nen
Dealing with administrative services througb .._»_..
am
Ineligible for office of. when ..... ..... _
LOS
Compensation .........._ ...._...»......... _
LOl
Powers and duties ................_ .. _.......
hL"
Qaalillcatioas »...»»_ ..._ . _ ..._»..._.__...
LOS
Responsible to county commissioners .... .. « ......_._ .
LN(A)
Substitute during alb me e or disability ...... __._
an
MAY0R
Elections. See also that title
Special election providing for
im(B)
Report to citizenry
LOD
MASONRY CONTRACTORS. See: Contractors
mUNICIPAL SERVICES
County operation. when ........... ...._.....».......
minimum standards for ........
Sapp. No.127
1081
88-IL 7'7
`78-178.
,1—
'4
`.t`
rY
�
Ft
DADE COUNTY CODE
MUNICIPALITIES
Sudan
Autonomous in local offal
5AI
Boundaries. ebangint
5.04
Charters of
County charter and ordinances supersede
BMW
Conthmanee of .......
5.01
Contracts with other governmental units
SAS
County commission
Election from
2.02
Representative from .......
1.04(B)
Minimum standards
Subdivisions
4.07(2)
74nbg . .......... .
4.07(2)
New. westionof
SAS
OfdkszIeM0 of
Comly charter and ordinances supersede
LOMA)
Permitted functions
unig -
4A4(A)
fteding isIsPectioll
L0I(A)(13)
Building permits, isso;ance
IAHAMS)
program
LU(A)(9)
Castracm with other goverwasetal units
SM
F"MddU tAXX16 imposing
LOT
Sewagecollection and disposal
1AI(A)(9)
Toss levies
4A4(A)
Utility taxes. imposing
5*7
Wade collection and disposal
IA(A)(9)
Water supply, providing and regulating
IA1(A)(9)
Powers
LOS
Charters of
Los
Prohibited function
Ad valovess ter: rolls, preparation of
4M(A)
CAntractors. requiring examination or certificates
of PRMI tesPj ....
L01(A)(13)
Tax asessaws, appointing
4M(A)
Requesting count7 opention of municipal services ..-L01(A)(1I)(b)
KUSEUMS
Pftvkft
1.01(A)(7)
N
NOTES. See: On"
17,
OATHS
AdmInistration in investigations
Sapp. No. 127
1062
88-JL77
,99-178,
CHARTER INDEX
OBLIGATIONS
Section
Bonds. Sea that subject
Borrowing. See that subject
OFFENSES
Penalty for. See: Penalties
OFFICERS AND EKPLOYEES
Appointment ........ _.._ .................
3.04(B)
Assessor of tares. See that subject
County. See: Taxation
Boards and commissions. See that subject
Bond..__.._ ....._._..._._.... ........... .......... ... __._ ...
4.03(F)
Civil service. See that subject
Constables. See that subject
Contracts of county. interest in _ _....__......._
COME)
Canty assaaor of taxes. See: Taxation
Couaty attorney. See that subject
Co®ty eommissioa. See that subject
Cosaty manager. See: Kenager
Canty purchasing agent See: Purchasing
County sbarif. . See: Sheriff
Coaaty surreyoe Sea: Property
Cosaty tax answer. Sao: Taxation
Departments. See that subject
Sections. See that subject
Finance director. Sea: Finances
Group insurance. See: Insurance
List of. See preliminary Pages
itunw. See that subject
Never. See that tide
Pswdoaa and retirement system. See that subject
Personnel director. See that subject
Planning director. See: Planning
Recall. Sea: Elections
Removal
LOAM
Reports from, when
SberiM See that subject
Soperintendent.of public instruction. See that subject
waiver of immusdty in investigations _.._...... __.
cos
oFFlc�s
Abolishing. effect on incumbent ...� M _.._.
8.01(C)
Abolishing or consolidating ....... .� __
1.01(A)(19)
Investigations of
1.01(A) (O0)
ORDINANCES. See also: Code of Ordinances
Adoption ....__... _ ....... _._.....�._..
1.01(A)(221
Codification ...... _... ........ .........
1.0 M
Sapp. No. 127
1063
88-1'7'7
'Is -vs:
I
. Fr-
�� c j
In
DADE COUNTY CODE
ORDINANCES--ConVd.
Section
Comfikta ...... . .... .
BA4
Effative date
1.02(E)
Em4rgm7 ordinances ... . ... ......
1AIM)
Emargemer ordinances .......
IA2(7)
Enacting elapse
IAS(B)
Zzbftg. continuance in effeet .
BAMB)
Pees —.-- - . . ....... — -- — — — -
L02(2)
Heating an
t.02(8),(C)
Initiative. See- Elections
Numbering—......
1-02(G)
Penalty for violations of. See.- Penalties
Publication ........ - — — — — — — — —
1.02(B)
PubHsbed Parlm adopting by
1.02(D)
RduwmWm on. See: Elsedom
Rsmol*dow
Ad"don
1.01(A)(U)
Nwabaring
142(a)
Rdw of procedure
IAI(A)
Tide
142(Bl
P,
PAINTING CONTRACTORS. Son: Contractors
PARKING. Son: TrmM
PARKS AND PLAYGROUNDS
Beaches. see that subject
Program
LOUAM)
pmvkftg
1.0I(A)(7)
Reamstim are"
1.01(A)(7)
ReemUmm fadlitim spacial purpose dWbkft for
LOI(AMI)
PARKWAYS. See: Streets and Sidswalics
PAYING
Special assessments for. Sew SpeeW Assammossaft
PENALTIES
Ffm —.- .. --
1AI(A)(U)
FW vk"tiolm of ardbumm I 01(A) (U), 645(D)
. I
PZNSIONS AND -- ZMENT SYSTEMS
Chfil aseviee. Sea tbat subJeft
Zslailiienat and usiatemano
Rdbumm
4M(A)
slstsesa
zoo trandamd from numidpaHty to 0 mdr,
d%ft an figift
4AS(E)
Bloftso prohm" whom
L01(c)
Sapp. No. 127
1064
88-IL77
I
dad
CHARTER II1DZZ
PZMNNZ14 DEPARTMENT OF
sseu
Cna"d
t
Had at
4A
Pest♦bushm nt and msbteaaaee
4A4(A)
PlRSONNZL DIRZCTOR
Had of dwaeemwt of Paumd
4Ai(B)
8sspoadbilitlsa
4Ai(B)
PZRSONNZL OF COUNTY
CMl ae . gas that sabjat
Otlieses and employes. See that sabjat
PLANNING
Ceopiaweades Ph►aa for dss�RpmsnR .��
1.01(A) (5)
Dwirtmmt of plaaaias
cram"
4r01
Bead of
Naadag. Sea that =bjeet
Plsasfts addooel beard
,
4�
P1 ditatee
AppdabsW
UT
Dalian
4W
Need of dou meat aK PLaaing
4W
QNalifl=tim
4w
Vrwa : WWML an tbst =mod
ZedM sm twit sabje t
PLAYGROUNDS. See: Pads and Playgroaasb
PLUMBING
Coateaap M See that sobjeet
sewsm sea that subject
WSW Res that sabjat
POLiCZ PROTECTION
Ca d ai ss iss iavn pdom
1A1(A) (4)
Gated t+seoeds
IAI(A) (4)
Cosaluakstioa4
1A1(A) (4)
Cosdabiw ses • that =ad"
obwa . See that =me *
• spmw poposs distrkts for
M(A) (u)
?edaiar
L01(A) (4)
t diam sfstam of
L01(A) (4)
POLITICAL PARTIZS
Neapastima dsstiesis. 8ss ZINUM
PORT FACEUTEEL Sees Wabwwsys
POWNRL Ses spee!!k subjects
Sapp. No.127
low
P38-177
'18-17R,
i 7=.
Y�r3Y�i$x�
2ti�s�7' Stp
� v
1
A
Z-
T&
M
DADA COUNT! CODE
PRISONS AND PRISONERS
(*)
Jail
PROCESS
Aessplaaes for city
&04(A)
Warrants. Ses that subied
PROMENADES. gas: Strsats and Sidewalks
PROPERTT
Aepidtion
1Ai(C)
Ad valoeam ts:es. Ras: Tssatioa
Air terminals. See: Airports and Aircraft
Besebes. See that subject
Boundaries. See that snbjaet
Buildings. an that snwed
Conduffins ion of. Sea: Eminent Domain
Coasasratkft See that anbjset
Coaatb answerer
OfBes abdidwd .-------
MCA)
Flood control. See that sabjed
sown" an that snbjed
Hondat. See that snbjeet
Impcorsmsats. am that subject
parks. 8": Parks and Playgrounds
piaaaiat. See that snbjsct
plsytroomds. Bee: Pub and Playgrounds
Slam dearsnee. Sus that subject
Strods and ddswalks. Sao that subject
Sdbdidd=& See that snbjed
Tasatioo. Sea that snbjad
LOW)
Traadar, Of
Urban renewal. Sea that subject
z ning. Ses that slowed
PUBLIC AMUSZMENTB. See: Amusementa
PUBLIC HOUSING. 8e0: Soudat
PUBLIC IMPROVEMENTS. Ses= Improvements
PUBLIC LAWS. Bee: Buis Ian.
PUBLIC LIBRARIES• SM Ubraries
PUBLIC PARRS. Res: Fades NA Playgrounds
PUBLIC PROPERM Sea: Prophrty
PUBLIC UT[LLT[ES. See: UMMM
PUBLIC WATS. Sea: Streets and Sidewalks
SM. No.127 1066
I-
R8-1'7'7
18-1"7fi_
s
i
r b��
40.Y e't
z
s
DADS COUNT! CODS
PZMNS AND PRISONERS
Jae
PNOCE88
Aaespta�ee for eft
Wastmts. See that subject
PROI[SNADSS. See: Streets and S(d W"M
PROPSRTT
Ad •abeas gases. Set: Tasstba
Air tatudulL See: Aitpeets sad Aircraft
Besebes. See that subject
Bauadstim See tbat subject
Bdbep. Sea that subject
Cmdemnsdou aL Sw: Rmb=% Domain
Ceessrwatim Sus that subjed
CMW ww"ON
OlYies wwdid ed -
Fleed eo AML Sus that subject
Hespiidla. Sus that subjed
Hausiag. See tbat sabjed
L■peaecmsnb. See that subject
PW&L Sae: PSAM and P1aygreands
Planning. See that sabjed
Pltygrouads. See: Psrhs and Playgrounds
Sbmt deaaocs. See that subject
8ttasb wd ddewsUcL SN that subject
subaivilho . See that subject
Tawim Bee dat subjed
Tnadw at
Urhsa rsaawal. Sae that subject
Zodng. Sea dbat sabjed
PUBLIC AKUSSILENTL Sae: Anneweeab
PUBLIC HOUSING. Saes Housing
PUBLIC OVEIQNM See: Improvnmssts
PUBLIC LAWS. Sae: �bta haw
PUBLIC LISRARM Son L bnu*w
PUBLIC PAR> M See: Path and Plsygroumb
PUBLIC PROP12M Sea PtepsttF
PUBLIC UTUXIM Sea UdWAw
PUBLIC WAYL See: Stresb and SidewaW
Sapp. No. W 100
Boom
LGI(A)(4)
arot(A)
1.01(C)
UI(A)
F
S8-1'7'7
`1S-1'78,
1
d
V
2-
IL
CBABTER INDRK
PUBLIC WORKS
Section
Ia4eaNmaaes. Be* that subject
PUBLICTI'Y
Porte twols for
LOI(A)(U)
PURWASING
Cookwu for
dm(D)
Comf vwmbuft agent
Odle abolished
ti
RAILROAD AND PUBLIC UTILITIES COAMM
SION. See: Florida Railroad and Public UtMtlas
Commission
RAEMADS
GaAs ceoaiam elLainatinc
iSUAM)
Pablo ltanspmtatba sus, providiac
1.Ot(A)(2)
R1113 tera lash
L I(A)(!)
RRAL PROPERTY. See: Property
RWALL. Some: E sedoss
BiCRIOATION. See: Parks and Playgrounds
RZFERENDUIM See: Eleetlons
RMUML Sea: Garbage and Trash
RMGULATIONL Sm: Rnies and Recitations
RMBOLUTIONS
Oediasnees. Some that subject
SIl:TI ZUENT OF PUBLIC EMPLOYEES. See: Pon -
dome and Rd homout Systeme
RUVENUS CEB1ZlICATZL See: Bonds
Ili'VENUES. Seor rinum"
RZVMON8 TO CSARTE8 See: Chaste:
BIGHTS -OF WAY. So: Slsse-and SW walks
RIVERS. See: Watemacs
ROADL See: St, - and Sidewalks
BODYING CONTRACTORS. See: Ceskusces
RUBBISIL Sm. GatbW sad Trash
Sapp. No.127 1087
r
88-IL 7'7
DADE COUNTY CODE
RULES AND REGULATIONS,
swam
4As
Admiahttatha. of dapaetn►MU
MIS)
C14 aarrin
S
SALES
AlcoboHe betaratas• sea that snbjset
SAMMY SEWEM Sea: Sewers
SCHOOLS
Supariatnd of public insbuetlom Sa tut subject
SECURITIES. see: Honda
SgVEBABILITY CLAUSE
Im
Eleetion of counts eomuftwW n
Gawaft
BMW
SWERS
sewn* coundon a" db�1
1A1(At (U(ulAl) )
)
a istrieft
WSW. S« dot snbjaet
sZXREP'F
aaean
TAR
SIDEWALEL sn: StmmW and SMewolb
SLUICES. So@: strasb and Sidewalks
SLUT[ CLEARANCE
and admWatsation
IAi(A) (s)
Urban reaewol. Sea that subject
SPECIAL ASSESSMMNTS
Fw spsebl p—posa distrjev
lAi(A)(111
Lol(A)(lo)
Lns and collection ----
Cmanku
State law. Sea that sublet
EpSCLAL rURPOSg DISMCTS. Sas: Dbbieb.
P:o'poaa �.
. Spmw
SPECIAL SAL11L Sao: Salsa
SpIB M Bat AkoboUt Bwwft s
STATE L&W
Chap1w solm Laws 19m eosRia�uanea in a ffaat
4Ai(Ci
State alswm law
LOUTS)
AAMPWd
Crab alm wbsa
g mstL bs or asa wba wbsn _..__�
lAli A) (!Il
Sum No.171 2m
88-1'7";
sin-1'78'.
0
i
ON
H: F,l -IV
STORY WATER SEWZ2L Ses: Sowers
Subm
STREAMS. See: Watmrwave
STREETS AND SMZ WALKS
ProVWinS and resulatiag
LK(A)(1)
Gr.a. erossinga
1.01(A)(1)
Ronda
Pent and regulating
Special assessments. See that subject
Speeid purpose districts for
1.01(A)(11)
Street lighting, special purpose districts for
1.01(A)(11)
Zumnals
Providing
L01(A)(1)
Urbam mwwaL See that subjeet
SUBDMSIONS
KWmam standards of, for municipalities
4X(S)
Reaolstions
4x(S)
Urban reaewaL See that subjeet
SUBPOENAS
Wliassess and records in investigations
1AI(A)(20)
SUPERINTENDENT OF PUBLIC INSTRUCTION
M•s not abolish office of
1.01(A)(19)
SUPREMACY CLAUSE
LOMA)
SURETY BONDS
Fkkd is bonds. See: Bonds
SWEARING
Oaths. See that nnbject
T
TAXATION
Ammm mmut rolb
4AMA)
Ammeness, of tans: See that subject
Csibctiom
BY eons" for M=ddpauties
4A4(D)
on ons tax bins
4"s)
Comity sameness, at taxes
Otfios abolished
LK(4A), (8)
D-Nmemsot msraitipai taxes
Fleanssm. Sea that mobjeet
Sapp. No. 127
10w
` JB-17
IL
DADIC COUNT! CODS
TAXATION—CouN.
1proslabilms, wwddpaUths IW tamand N-&m*,m TOVW
La
wm from
lad" polwind
C.w . town for "MW pwmon
LOI(A)(U)
------
by
ams
LK(D)
is onfampa
Lay od consom My tot and fouft
LK(A)(10)
utunim
f=u
?RONZsws, umhsdm UI(A)(14)(b)
c4uaw opwoou
TgolLOUGHFA22L SM SI'M MA SM@w&W
T"Mc
LCHAM)
Ca md of
LOUAM)
madw PIM for
Padft maw AM for anool of
Lol(A)(1)
TRAM SM: adwomb
TRAM
G~ mud trash. See that nbJect
TURNP=L S401 SUMU MA SHWaft
u
WCIASM= SUVICL Sam: C'Tfi Sm v
UUM RZNZWAL
--'-bUsbnmm Wand administmtim
LOUMB)
pbodug. S" that nbjwt
UTEUTIZS
41 zkdrhcw. S" that awded
K=d*d gwwiem an that =bJut
i[odefpwou may Um MA lamb "Woom
sewsm on " nbjwt
Td@pbGwL am that nbjwt
wdw. sw that saw.
V CL= "R KMZ 1AUAHS)
am tumbab 1.01(A)(8)
Limum"t LOUAHI)
pobbe tm! ob lus -3 LUJAMS)
VOTING. Sao: ZWgdm
Sam No. 127 1070
88-177
.9-9-178.
771
s
I
L
-
R
1
CHARTERINDEZ
1J
WALKS. See: Steesin and Sidewaib
WARRANTB
Wilmeses and records in iaieedgatlom
MA)('0)
WASTE. Soo: Garbege and Traub
WATER
Prwiiding and regulating
L01(A)(0)
Sewers. Soo that subject
SpeeW purpose dbtekh for
IAHA)(ii)
WATERWAYS
Smebes. See that subject
Flood control. See that subject
Poe! taeilitles --
IAi(A)(!)
PoN transportation systems. providing
1Ai(A)(2)
Waver to mimle -..
IAi(A)(2)
WEEDS AND BRUSH
Garbage and trash. See that anbjoet
WELFARE
WHISKEY. Soo: Aicobolie Beveregee
WINE. Soo: Alcoholic Beverages
WITNESSES
Subpoena of
L01(A)(20)
Z
ZONING
Alooholic beverages. Sea that sabjact
its -.
M(A) m
Bellding code. See: Boildings
Housing. Sea that subject
>Ymmum standards for mnakipautift
v0'►(=)
' •See t* subject
4A7n)
m.
840wisioSea that subject
Urbsea eomml. See that subjeet
Zoaiot appeals board
Sapp. No. 127
10'll
N9-JL 7'7
'qg-1'7g
•
16-
--Nidtj 4
w
WALKS. So: ad swwwralb
Seetba
WAVRANTS
Wanness aad reads in bneoti<atloas
Ldl(A)(!0)
WA&M Sees Carbap and Trssb
WAT®t
psggidlnS ad regishA t
Sewsee. See that subject
Spsdol F-Fm dislskts for
1.01(A)(11)
WATMWAYS
Beaebea. See that subject
Filed eoattel. see flat subject
proet tseilllies
LOI(A)(2)
Psblie humpostation systems, po*iftg
LOI(A)(2)
Wage tandmill
lAl(A)(!)
WlZlDS AND BRUSH
Casbess and t wL See that subjat
WWYARZ
gams
WHISKEY. See: Aleobolic Bo*eraps
WINX See: Aleobolie Beverepe
Sobposaa of
Z
ZONING
Aleeboiic bewetaps. See that subject
Audwity -
lA1(A) (U)
Bwaftc code. See: Baildbw
He■sis8. See that sobjoet
1�nsdiandambe hoe mneidpalftin
4M(=)
ilsBslstloas
4MM)
S�bdl.ieloae. Bee that subject
Utbas MMWML See dot subject
zedw appals board
4rdd
Sapp. No. 127
1m
88-JL 77
`�9-178
i