PROVIDING FOR A REFERENDUM ELECTION TO BE

HELD ON NOVEMBER 3, 2020, TO DETERMINE

WHETHER TO APPROVE A SPECIAL LAW PERMITTING

COUNTY TO TRANSFER THE DUTY OF THE RECORDER

TO BROWARD COUNTY CLERK OF COURTS,

TRANSFERRING DUTIES OF THE AUDITOR AND

CUSTODIAN OF COUNTY FUNDS FROM THE FINANCE

AND ADMINISTRATIVE SERVICES DEPARTMENT TO THE

COUNTY ADMINISTRATOR, AND PROVIDING THAT THE

COUNTY ADMINISTRATOR WILL REMAIN EX OFFICIO

January 1, 1975;

WHEREAS, the Broward County Charter, pursuant to Article VIII, section 1(d) of

the Florida Constitution, transferred the Clerk of the Circuit Court’s constitutional duty as

ex officio clerk of the Board of County Commissioners to the County Administrator, and

also transferred the Broward County Clerk of Court’s duties as custodian and auditor of

County funds and duties as the recorder of public documents to what is now the County’s

Finance and Administrative Services Department;

WHEREAS, the County Administrator and the Finance and Administrative

Services Department still perform the duties assigned to them by the County Charter, and

the County Charter further provides for an independent County Auditor;

authority to transfer certain duties of the Clerk of the Circuit Court through enactment of

a special law, provided that such is approved by the local electorate;

WHEREAS, Florida voters approved Amendment 10 on November 6, 2018, and

Amendment 10 will become effective in Broward County and Miami-Dade County on

January 7, 2025;

WHEREAS, in both 2019 and 2020, the Board of County Commissioners included

perform the duties of custodian and the auditor of all County funds, as has been the case

since voters approved the adoption of the County Charter in 1974, which became

effective in 1975;

WHEREAS, the Florida Legislature approved Committee Substitute for

House Bill 989 (the “Special Law”) during the 2020 legislative session, which, if approved

by a majority of the electorate of Broward County, would maintain the current role of the

County Administrator as ex officio clerk of the Board of County Commissioners, and would

ensure the County is able to control its own finances by permitting the County

Administrator to perform the duties of custodian and the auditor of County funds;

be a departure from provisions of the County Charter, which assigned such duties to the

County.

WHEREAS, if the Special Law is approved, it would not affect the powers of the

County Auditor set forth in Article IV of the Broward County Charter; and

WHEREAS, the Special Law further authorizes the Board of County

Commissioners to transfer the duties of the County recorder from the County’s Finance

NOW, THEREFORE,

BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF

BROWARD COUNTY, FLORIDA:

Section 1. A referendum election is called for the General Election on

November 3, 2020, and at such other times as permitted for voting under Chapter 101,

Florida Statutes, to determine whether to approve the Special Law, which is attached as

Exhibit A and made a part hereof.

Section 2. In accordance with Section 100.342, Florida Statutes, at least thirty

Section 3. Said referendum election shall be held between the hours of

7:00 a.m. and 7:00 p.m. on Tuesday, November 3, 2020, and at such other days and

times as provided under applicable law, including early voting as provided by

Section 101.657, Florida Statutes, at polling places established in Broward County. All

registered and qualified electors in Broward County shall be eligible to vote in the

referendum election. Vote-by-mail ballots and early voting access for the referendum

Section 4. The election boards consisting of the clerks and inspectors

appointed to serve for the General Election on November 3, 2020, are hereby appointed

to serve in the referendum election in the manner provided by law.

Section 5. The Broward County Canvassing Board shall canvass the returns in

said election and shall certify the results of the referendum election as provided by law.

Section 6. The County Administrator shall furnish a certified copy of this

adopted Resolution to the Supervisor of Elections for Broward County on or before

July 1, 2020.

“Approves special law enabling County Administrator to continue serving as ex

officio clerk of the County Commission and enabling County to continue serving as auditor

and custodian of all County funds, which duties County has performed since 1975 and

would otherwise be required to be transferred to the Clerk of Courts in 2025; and

authorizing agreement to transfer County recorder duties to the Clerk of Courts

NO _____________

Section 8. Severability.

If any portion of this Resolution is determined by any court to be invalid, the invalid

portion will be stricken, and such striking will not affect the validity of the remainder of this

Resolution. If any court determines that this Resolution, in whole or in part, cannot be

legally applied to any individual, group, entity, property, or circumstance, such

determination will not affect the applicability of this Resolution to any other individual,

group, entity, property, or circumstance. If the County determines any part of the ballot

statement is contrary to state law, the County Attorney is authorized to request that the

(3) On November 6, 2018, Florida voters statewide approved