Broward County Commission Regular Meeting


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AI-27109 92.       
Meeting Date: 06/12/2018  
Director's Name: Andrew J. Meyers
Department: County Attorney  

Information
Requested Action
MOTION TO DISCUSS and provide direction to the County Attorney regarding the potential filing of an action for declaratory and injunctive relief against the appropriate state government officials for the purpose of seeking to prevent a proposed constitutional amendment aimed at nullifying certain County home rule powers from being placed on the November 2018 ballot.

(Per the Tuesday Morning Memorandum, motion currently reads: MOTION TO DISCUSS and provide direction to the County Attorney regarding the potential filling of an action… Should read: MOTION TO DIRECT the County Attorney to file an action…)

(Transferred to the Consent Agenda.)

ACTION:  (T-10:24 AM)  Approved.
 
VOTE: 7-0.  Commissioners LaMarca and Ryan were not present.
Why Action is Necessary
Pursuant to Section 1-51.3 of the Broward County Code of Ordinances, Board approval is necessary to file a lawsuit of this nature.
What Action Accomplishes
Allows the Board to publicly discuss and provide direction regarding the filing of the referenced lawsuit.
Is this Action Goal Related
Previous Action Taken
Summary Explanation/Background
This item is being placed on this agenda due to its time-sensitive nature.  Courts expect challenges to ballot language to be filed at the earliest practicable date.
 
On May 9, 2018, the Florida Constitutional Revision Commission ("FCRC") filed Proposal 6005, now named Amendment 10, with the Florida Secretary of State. Amendment 10 is comprised of four previously independent and unrelated FCRC proposals that were grouped together by the FCRC's Style and Drafting Committee. Amendment 10 would: (1) make the Department of Veterans Affairs permanent; (2) create an Office of Domestic Security and Counterterrorism within the Department of Law Enforcement; (3) change the annual legislative session commencement date in even-numbered years from March to January; and (4) most importantly for purposes of this agenda item, eliminate the right of charter counties to abolish certain constitutional offices and to transfer certain duties from those offices. Voters would be presented with a ballot title (not exceeding 15 words) and ballot summary (not exceeding 75 words) to inform them of the various changes proposed by Amendment 10.
 
Broward County has, by Charter, eliminated the office of tax collector and transferred the functions of that office to the Department of Finance and Administrative Services. Broward County has also transferred to the County Administrator the Clerk of the Circuit Court's role as ex officio Clerk of the County Commission, and transferred the Circuit Court Clerk's duties as auditor, recorder, and custodian of all County funds to the Department of Finance and Administrative Services and the County Auditor. Amendment 10 seeks to nullify these Broward County Charter provisions.
 
On June 7, Volusia County filed a lawsuit challenging Amendment 10. If directed to do so, the Office of the County Attorney will file an independent challenge, focusing largely on the assertions that Amendment 10's ballot title and summary are misleading and fail to inform voters of Amendment 10's chief purpose.
Source of Additional Information
Mark A. Journey, Senior Assistant County Attorney, (954) 357-7600

Fiscal Impact
Fiscal Impact/Cost Summary:
Filing and service of process fees are minimal. The issues to be litigated are legal (not factual) in nature, and therefore there should be little to no discovery costs. The most substantial costs would be travel expenses to Tallahassee for multiple lawyers to argue the case and any resulting appeal.
Attachments
Exhibit 1 - Copy of FCRC Proposal


    

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