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Florida Miami-Dade County Home Rule Charter, Amendment 3 (2002)

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The Florida Miami-Dade County Home Rule Charter Amendment, also known as Amendment 3, was a legislatively-referred constitutional amendment on the November 5, 2002 election ballot in Florida, where it was defeated.

The amendment sought to amend Article VIII, Section 8 of the Florida Constitution to allow the legislature to create special laws regarding Miami-Dade County that would be approved by voters of that county and to fix references to the county's name.[1]

Election results

Florida Amendment 3 (2002)
ResultVotesPercentage
Defeatedd No2,160,51252.15%
Yes 1,982,160 47.85%

Results via: the Florida Department of State, Division of Elections

Text of measure

The ballot title read:

This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.

Authorizing Amendments to Miami-Dade County Home Rule Charter by Special Law Approved by Referendum[1]

The ballot summary read:

This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.

Proposing an amendment to Section 6 of Article VIII of the State Constitution to authorize amendments or revisions to the Miami-Dade County Home Rule Charter by special law approved by a vote of the electors of Miami-Dade County and to conform references to the county's current name.[1]

Constitutional changes

The text of the amendment read:

SECTION 6. Schedule to Article VIII.--

(a) This article shall replace all of Article VIII of the Constitution of 1885, as amended, except those sections expressly retained and made a part of this article by reference.

(b) COUNTIES; COUNTY SEATS; MUNICIPALITIES; DISTRICTS. The status of the following items as they exist on the date this article becomes effective is recognized and shall be continued until changed in accordance with la w: the counties of the state; their status with respect to the legality of the sale of intoxicating liquors, wines and beer s; the method of selection of county officers; the performance of municipal functions by county officers; the county seats; and the municipalities and special districts of the state, their powers, jurisdiction and government.

(c) OFFICERS TO CONTINUE IN OFFICE. Every person holding office when this article becomes effective shall continue in office for the remainder of the term if that office is not abolished. If the office is abolished the incumbent shall be paid adequate compensation, to be fixed by law, for the loss of emoluments for the remainder of the term.

(d) ORDINANCES. Local laws relating only to unincorporated areas of a county on the effective date of this article may be amended or repealed by county ordinance.

(e) CONSOLIDATION AND HOME RULE. Article VIII, Sections 9, 10, 11 and 24, of the Constitution of 1885, as 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 charter or home rule plan pursuant to this article. All provisions of the Miami - Dade Metropolitan Dade County Home Rule Charter, heretofore or hereafter adopted by the electors of Miami - Dade Dade County pursuant to Article 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 amendments thereto are authorized under said Article VIII, Section 11, of the Constitution of 1885, as amended.However, notwithstanding any provision of Article VIII, Section 11, of the Constitution of 1885, as amended, or any limitations under this subsection, the Miami - Dade County Home Rule Charter may be amended or revised by special law approved by the electors of Miami - Dade County and, if approved, shall be deemed an amendment or revision of the charter by the electors of Miami - Dade County.

(f) DADE COUNTY; POWERS CONFERRED UPON MUNICIPALITIES. To the extent not inconsistent with the power s of existing municipalities or general law, the Metropolitan Government of Dade County may exercise all the powers conferred now or hereafter by general law upon municipalities.

(g) DELETION OF OBSOLETE SCHEDULE ITEMS. The legislature shall have power, by joint resolution, to delete from this article any subsection of this Section 6, including this subsection, when all events to which the subsection to be deleted is or could become applicable have occurred. A legislative determination of fact made as a basis for application of this subsection shall be subject to judicial review.[1]

See also

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