Resolution 2002-456
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RESOLUTION NO. 2002-~
RESOLUTION OPPOSING A PROPOSED AMENDMENT TO
THE FLORIDA CONSTITUTION WHICH WOULD ALLOW THE
FLORIDA LEGISLATURE TO PROPOSE AMENDMENTS TO
THE MIAMI-DADE COUNTY HOME RULE CHARTER
WHEREAS, Article VIII, Section 6 of the Florida Constitution expressly
recognizes that the provisions of the Miami-Dade County Home Rule Charter, as
it was established in the 1885 Florida Constitution, are to remain in effect; and
WHEREAS, the provisions of the Miami-Dade County Home Rule Charter
currently provide two mechanisms for Charter amendments to be presented to
the electorate: (1) placement on a local ballot by the County Commission or (2)
placement on a local ballot by initiative petition of electors registered in Miami-
Dade County; and
WHEREAS, these existing provisions give the County Commission and local
electors the ability to control the direction of local government issues, functions
and powers; and
WHEREAS, because the provisions of the Miami-Date County Home Rule
Charter are incorporated in the Florida Constitution, they may not be changed
without a statewide vote of the electorate that amends the Florida Constitution;
and
WHEREAS, House Joint Resolution 471, adopted by the 2001 Florida
Legislature, and which is now proposed Constitutional Amendment 3 to the
Florida Constitution for the General Election in November 2002, if adopted, would
amend Section 6 of Article VIII of the Constitution of the State of Florida to
authorize the legislature to propose amendments or revisions to the Miami-Dade
County Home Rule Charter by the enactment of special laws; and
WHEREAS, the Miami-Dade County Board of County Commissioners adopted
County Resolution No. R-214-02 requesting the Florida Legislature to repeal the
joint resolution, however, the requested repeal was not acted upon by the Florida
Legislature; and
WHEREAS, the Board of Directors of the Florida Association of Counties finds
that the proposed constitutional amendment is contrary to the best interests of
the citizens of Miami-Dade County in that it would allow the state legislature,
comprised of persons predominantly representing areas outside of Miami-Dade
County, to influence, shape and even control the County's functions and powers
relating to local government affairs - a power enjoyed by the County since 1957,
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and that the amendment would constitute an erosion of Miami-Dade County's
existing home rule powers, and
WHEREAS, the Board of Directors of the Florida Association of Counties passed
a resolution opposing the passage of Constitutional Amendment 3 to the Florida
Constitution for the General Election in November 2002, and has urged each
Florida county to pass similar resolutions.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT:
1. The Collier County Board of County Commissioners, in full support of the
Board of Directors of the Florida Association of Counties, hereby opposes
proposed Constitutional Amendment 3, which would amend Section 6 of
Article VIII of the Florida Constitution and permit the diluting of Miami-
Dade County's existing home rule powers by authorizing the State
Legislature to propose amendments or revisions to the Miami-Dade
County Home Rule Charter through the enactment of special laws; and
2. The Board urges Collier County voters to vote against proposed
Constitutional Amendment 3.
This Resolution Approved and Duly Executed this ~ day of ~002.
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Approved as to form and
legal sufficiency:
Oo-n- -' ~ -
Ramiro Manalich, Chief Assistant
County Attorney
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