RESOLUTION NO. 2018-225
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, PROVIDING FOR A REFERENDUM ELECTION TO BE HELD ON NOVEMBER 6, 2018, TO DETERMINE WHETHER THE CHARTER OF BROWARD COUNTY SHALL BE AMENDED AS PROPOSED BY THE CHARTER REVIEW COMMISSION BY: ADOPTING AN AMENDMENT TO SECTION 2.01, TO PROVIDE FOR FAIR DISTRICTING STANDARDS FOR THE ESTABLISHMENT OF COUNTY COMMISSION DISTRICT BOUNDARIES; ADOPTING AN AMENDMENT TO SECTION 2.01, TO PROVIDE FOR ENGAGING AN ACCREDITED FOUR-YEAR COLLEGE OR UNIVERSITY TO IDENTIFY AND DESIGNATE COUNTY COMMISSION DISTRICTS IN CONNECTION WITH REDISTRICTING; ADOPTING A NEW SECTION 11.11, PROVIDING FOR AND RELATING TO THE ESTABLISHMENT OF THE BROWARD COUNTY AFFORDABLE HOUSING TRUST FUND; ADOPTING AN AMENDMENT TO SECTION 10.01, TO PROVIDE THE BROWARD COUNTY INSPECTOR GENERAL WITH DISCRETION AS TO WHETHER TO COMMENCE AN INVESTIGATION INSTEAD OF MANDATING SUCH COMMENCEMENT; ADOPTING AN AMENDMENT TO SECTION 8.05, TO PROVIDE THAT THE BROWARD COUNTY PLANNING COUNCIL’S ZONING GLOSSARY SHALL BE CONTAINED IN THE COUNTY LAND USE PLAN AND TO PROVIDE THAT THE BROWARD COUNTY PLANNING COUNCIL SHALL HOLD AT LEAST ONE (1) PUBLIC HEARING PRIOR TO CONSIDERATION OF A LAND USE PLAN AMENDMENT; ADOPTING AN AMENDMENT TO SECTION 9.01, TO PROVIDE FOR THE APPOINTMENT OF ALTERNATE MEMBERS TO THE CENTRAL EXAMINING BOARDS; ADOPTING AN AMENDMENT TO SECTION 9.02, RELATING TO THE QUORUM FOR MEETINGS OF THE BOARD OF RULES AND APPEALS; ADOPTING A NEW SECTION 1.07, RELATING TO MEETING NOTICES AND THE ONLINE POSTING OF MEETING-RELATED MATERIALS; ADOPTING AN AMENDMENT TO SECTION 4.01, TO PROVIDE FOR CERTAIN CHANGES TO THE COMPOSITION OF THE BODY THAT NOMINATES THE COUNTY AUDITOR; ADOPTING AN AMENDMENT TO SECTION 10.01, TO REVISE THE COMPOSITION OF THE INSPECTOR GENERAL SELECTION-OVERSIGHT COMMITTEE; AND ADOPTING AN AMENDMENT TO DELETE SECTIONS 11.08, 11.06, AND 3.08, WHICH ARE NO LONGER NECESSARY; AND FURTHER, PROVIDING FOR NOTICE OF REFERENDUM ELECTION; PROVIDING FOR TITLES AND WORDING OF BALLOT MEASURES; PROVIDING FOR CANVASSING BOARD CERTIFICATION OF RESULTS; PROVIDING FOR INCLUSION IN THE CHARTER UPON APPROVAL OF A MAJORITY OF ELECTORS VOTING; AUTHORIZING THE COUNTY ATTORNEY TO CONFORM CHARTER AND APPROVED AMENDMENTS/ REVISIONS FOR CODIFICATION PURPOSES; PROVIDING FOR THE DELIVERY OF A CERTIFIED COPY OF THIS RESOLUTION TO THE SUPERVISOR OF ELECTIONS BY JUNE 18, 2018; AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, Article VI of the Broward County Charter (“Charter”) provides for a Charter Review Commission, which was appointed in 2015, to meet and to propose changes to the Charter; and
WHEREAS, the required two-thirds majority of the Charter Review Commission has voted to submit eleven (11) proposed Charter amendments to the electorate; and
WHEREAS, the Charter Review Commission has held at least two (2) public hearings regarding the proposed amendments; and
WHEREAS, Section 6.02 of the Charter provides that the Broward County Board of County Commissioners “shall place the Charter Review Commission’s proposed amendments and/or revisions with the associated ballot language approved by the Charter Review Commission on the general election ballot at the next general election”; and
WHEREAS, in accordance with Section 11.09 of the Charter, the County Auditor has reviewed the proposed amendments and provided Financial Impact Statements for each, which are also required to be placed on the ballot, NOW, THEREFORE,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA:
Section 1. The foregoing recitals are true and correct and are incorporated herein by reference.
Section 2. A referendum election is called and ordered to be held in conjunction with the general election to be held on Tuesday, November 6, 2018, and at such other times as provided for early voting by Section 101.657, Florida Statutes, throughout Broward County, Florida, for the purpose of determining whether or not the Charter amendments/revisions stated herein, which are formally proposed by the Charter Review Commission as evidenced by the attached Charter Review Commission resolutions, shall be adopted.
Section 3. The election shall be held between the hours of 7 a.m. and 7 p.m. on November 6, 2018, and at such other days and times for early voting as provided by Section 101.657, Florida Statutes, at the same polling places established in Broward County for the general election to be held on the prescribed date. Mail-in ballots for the referendum election shall be prepared and made available as provided by law. All registered and qualified electors in Broward County shall be eligible to vote in this referendum election.
Section 4. Pursuant to Section 100.342, Florida Statutes, at least thirty (30) days’ notice of the referendum election, including its purpose and eligibility requirements for voting, shall be published by the County Administrator in a newspaper of general circulation in Broward County. The publication shall be made at least three (3) times, once in the seventh week, once in the fifth week, and once in the third week, prior to the week in which the election is held. The notice shall contain the complete text of the proposed Charter amendments as shown in Sections 5 through 15 of this Resolution.
Section 5. The title and wording of the Charter Review Commission’s first question are as follows (inclusive of the financial impact statement prepared by the Broward County Auditor): STANDARDS FOR ESTABLISHING COUNTY COMMISSION DISTRICTS Shall the Broward County Charter be amended to provide that county commission districts may not be drawn to favor or disfavor an incumbent or political party; that districts shall not be drawn to deny racial or language minorities the equal opportunity to participate in the political process and elect representatives of their choice; and to ensure that districts are contiguous and as equal in population as feasible? _____ Yes _____ No
Financial Impact Statement: Pursuant to Section 11.09 of the Broward County Charter, the Broward County Auditor has estimated that this amendment would have no financial impact to Broward County.
Section 6. The title and wording of the Charter Review Commission’s second question are as follows (inclusive of the financial impact statement prepared by the Broward County Auditor): REDISTRICTING PROCEDURES FOR COUNTY COMMISSION DISTRICTS Shall the Broward County Charter be amended to require the county commission to redistrict following the 2020 decennial census, and every ten years thereafter, or sooner if necessary, by engaging an accredited four year college or university in Florida which shall utilize a transparent process to identify and designate nine single-member districts within the county, and require the county commission to adopt a redistricting plan, consistent with its Charter and state and federal law? _____ Yes _____ No
Financial Impact Statement: Pursuant to Section 11.09 of the Broward County Charter, the Broward County Auditor has estimated that this amendment would result in a financial impact of approximately $85,000 in Fiscal Year 2021 and an unquantifiable financial impact every ten (10) years thereafter. These costs are estimated to arise from obtaining the services of an independent redistricting consultant as required by the amendment.
Section 7. The title and wording of the Charter Review Commission’s third question are as follows (inclusive of the financial impact statement prepared by the Broward County Auditor): BROWARD COUNTY AFFORDABLE HOUSING TRUST FUND Shall the Broward County Charter be amended to enact a new Section 11.11 to establish the Broward County Affordable Housing Trust Fund, to provide a definition of “Affordable Housing,” and to provide for the purpose of the Trust Fund, the revenue sources for the Trust Fund, the continuing nature of the Trust Fund, and for administration and oversight of the Trust Fund? _____ Yes _____ No
Financial impact Statement: It is estimated that the trust fund established by this amendment would not have any direct financial impact by itself. The financial impact will depend on the amount the County Commission allocates to the Affordable Housing Trust Fund and nonCounty funds received by the trust fund.
Section 8. The title and wording of the Charter Review Commission’s fourth question are as follows (inclusive of the financial impact statement prepared by the Broward County Auditor):