Item M02 M.2
County �� � .�� �y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS
Mayor Michelle Coldiron,District 2
�1 nff `ll Mayor Pro Tem David Rice,District 4
-Ile Florida.Keys Craig Cates,District 1
Eddie Martinez,District 3
w Mike Forster,District 5
County Commission Meeting
January 20, 2021
Agenda Item Number: M.2
Agenda Item Summary #7689
BULK ITEM: No DEPARTMENT: BOCC District 3
TIME APPROXIMATE: STAFF CONTACT: Bob Shillinger(305) 292-3470
TBD
AGENDA ITEM WORDING: Discussion and direction of whether to pursue adopting a County
Charter.
ITEM BACKGROUND: The Florida Constitution of 1968 contemplates two types of counties:
charter counties and non-charter counties. A non-charter county is the default form of county
governance, which controls unless and until county voters adopt a home rule charter. A home rule
charter can be viewed as a"county constitution". A non-charter county must follow the
requirements set forth in the Florida Constitution and Florida Statutes for the structure of county
government whereas a home rule charter can tailor certain structural aspects of county government
to local needs. Florida law also vests charter counties with certain authorities that are not available
to non-charter counties.
Monroe County is a non-charter county. Some have expressed an interest in exploring the changes
that might occur were the voters to approve a charter. For example, a charter could include at least
some of the following:
• Term limits for county commissioners
• Election of a strong mayor or county executive
• Altering the term of office for commissioners from 4 years to some other time period
• Non-partisan elections for county commissioners
• Converting to single member districts
• Increasing the number of commissioners
• Citizen recall elections for county commissioners
• Citizen initiatives to vote on proposed ordinances
• Preemption of city ordinances, regulations, and comprehensive plan provisions
• Imposing a municipal utility tax per F.S. 166.231
• Imposing a Charter County Transportation System Surtax per F.S. 212.055(1)
Some counties adopt a simple charter in the beginning, a so-called "starter charter"; then adopt more
comprehensive changes as time passes and circumstances warrant. A charter may provide for a
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charter commission to conduct a periodic review of the county operations and the charter and
propose updates for consideration by the voters.
In the past, constitutional officers expressed concern that a charter could lead to limits on their
independence if a charter abolished those offices and replaced them with charter offices subject to
BOCC oversight. With the passage of Amendment 10 in 2018, that possibility has been eliminated
from the Florida Constitution. Under that amendment, counties such as Miami-Dade, Broward,
Volusia, that had abolished some or all constitutional offices are now required to reestablish them.
Eighteen of the twenty Florida counties that have adopted charters have populations greater than
Monroe County. Since voters in 13 of the 14 most populated counties have adopted charters, over
75% of Floridians live in charter counties. Wakulla(est. 33,000) and Columbia(est. 70,000)
counties are the two smaller counties that have also adopted charters.
If the BOCC is interested in pursuing a charter, it can a)propose a charter by ordinance or b) appoint
an independent charter commission (11 to 15 members)to review county operations, hold hearings,
then draft a charter. In either circumstance, the voters would have to approve the charter by
referendum. Note, the law also provides for a citizens initiative process to convene a charter
commission.
The process is simpler if the Board proposes a charter by ordinance. Under that option, the BOCC
would determine what provisions to include in the proposed charter. The public would have the
opportunity to provide input on the proposed charter during the Board's normal legislative process.
The Board would have the discretion to determine when to submit the charter to the voters for
approval,potentially avoiding the expense of a special election.
Creating a charter commission is the more complex option. The law authorizes a charter
commission to conduct a review of county operations, hold public hearings, lease or purchase goods
and equipment, as well as hire experts and staff. County taxpayers would bear the expenses of a
charter commission. Charter commission members serve as volunteers. The charter commission
has up to 18 months to complete its work but the BOCC can extend that deadline. Once the charter
commission finalizes the proposed charter after public hearings, it submits the proposed charter to
the BOCC. The BOCC must then schedule an election within 45 to 90 days but appears to lack the
ability to alter or amend the charter proposed by the charter commission.
There is a third option that merits mentioning. Monroe County is one of a handful of counties
(Miami-Dade, Duval, and Hillsborough are the others)that has the additional option of pursuing a
charter under the Florida Constitution of 1885. See, Art. VIII, Section 6 of the 1968 Constitution,
preserving Art. VIII, Section 10 of the 1885 Constitution. While this type of charter brings
additional statutory authorities as set forth in F.S. 125.011 — 125.019 (e.g. operation and regulation
of ports, transportation systems, etc.) and elsewhere in Florida Statutes (e.g. food &beverage tax,
convention development tax, long term leases of county property) , this option would appear to
involve the Legislature approving the consolidation of the City of Key West and Monroe County.
While this option provides for several unique powers not available to counties operating under
charters adopted under the 1968 Constitution, this option would cause the most dramatic change to
governance of the Florida Keys.
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More information on charter counties can be found at: litt s://tvww fi-coLmties.cotu/2015/10/12/the-
evolution-of coLmty-�,,overntuent-structLwe and htt s://www.fl-coLmties.cotu/cliirter-coLmty-
infonuation.
PREVIOUS RELEVANT BOCC ACTION: none
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: n/a
DOCUMENTATION:
FINANCIAL IMPACT:
Effective Date: n/a
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
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Insurance Required:
Additional Details:
n/a
REVIEWED BY:
Eddie Martinez Skipped 01/04/2021 4:51 PM
Bob Shillinger Completed 01/04/2021 5:04 PM
Liz Yongue Completed 01/05/2021 9:40 AM
Board of County Commissioners Pending 01/20/2021 9:00 AM
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