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House Bill 1265

Florida House of Representatives - 1997 HB 1265 By Representative Horan 1 A bill to be entitled 2 An act relating to Monroe County; creating the 3 "Islamorada, Village of Islands"; providing 4 legislative intent; providing municipal 5 boundaries and municipal powers; providing a 6 council-manager form of government; providing 7 for election of a village council; providing 8 for membership, qualifications, terms, powers, 9 and duties of its members, including the mayor; 10 providing for a vice mayor; providing for 11 compensation and expenses; providing general 12 powers and duties; providing circumstances 13 resulting in vacancy in office; providing 14 grounds for forfeiture and suspension; 15 providing for filling of vacancies; providing 16 for meetings; providing for keeping of records; 17 providing for adoption, distribution, and 18 recording of technical codes; providing a 19 limitation upon employment of council members; 20 prohibiting that certain interference with 21 village employees shall constitute malfeasance 22 in office; establishing the fiscal year; 23 providing for adoption of annual budget and 24 appropriation; providing amendments for 25 supplemental, reduction, and transfer of 26 appropriations; providing for limitations; 27 providing for appointment of charter offices, 28 including a village manager and village 29 attorney; providing for removal, compensation, 30 and filling of vacancies; providing 31 qualifications, powers, and duties; providing 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1265 575-138-97 1 for nonpartisan elections and for matters 2 relative thereto; providing for recall; 3 providing for initiative and referenda; 4 providing the village a transitional schedule 5 and procedures for first election; providing 6 for first-year expenses; providing for adoption 7 of transitional ordinances, resolutions, 8 comprehensive plan, and local development 9 regulations; providing for accelerated 10 entitlement to state-shared revenues; providing 11 for gas tax revenue; providing for a mechanism 12 for Monroe County to separate countywide from 13 municipal services taxes and to allocate to the 14 village the municipal taxes; providing for a 15 transition agreement between Monroe County and 16 Islamorada, Village of Islands; providing land 17 descriptions of the village; providing for 18 future amendments of the charter; providing for 19 standards of conduct in office; providing for 20 severability; providing for a referendum 21 approval; providing effective dates. 22 23 Be It Enacted by the Legislature of the State of Florida: 24 25 Section 1. Short title.--This act, together with any 26 future amendments thereto, shall be known and may be cited as 27 the "Islamorada, Village of Islands," hereinafter referred to 28 as "the charter." 29 Section 2. Legislative intent.--The Legislature hereby 30 finds and declares that: 31 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1265 575-138-97 1 (1) The Islamorada area in Monroe County includes a 2 compact and contiguous community of approximately 6,700 3 residents susceptible to urban services, and constitutes a 4 community amenable to separate municipal government. 5 (2) It is in the best interests of the public health, 6 safety, and welfare of the residents of the Islamorada area to 7 form a separate municipality for the Islamorada area with all 8 the powers and authority necessary to provide adequate and 9 efficient municipal services to its residents. 10 (3) It is intended that this charter and the 11 incorporation of the Islamorada area will serve to preserve 12 and protect the distinctive characteristics of the individual 13 communities within the boundaries of Islamorada, Village of 14 Islands. 15 Section 3. Incorporation of municipality; corporate 16 limits.--There is hereby created, effective December 31, 1997, 17 in Monroe County, a new municipality to be known as 18 Islamorada, Village of Islands, which shall have a 19 council-manager form of government. The corporate boundaries 20 of Islamorada, Village of Islands, hereinafter referred to as 21 "village," shall be as described in section 11. 22 Section 4. Municipal powers.--The village shall be a 23 body corporate and politic and shall have all the powers of a 24 municipality under the Constitution and laws of the State of 25 Florida, as fully and completely as though such powers were 26 specifically enumerated in this charter, unless otherwise 27 prohibited by or contrary to the provisions of this charter. 28 The village shall have all governmental, corporate, and 29 proprietary powers necessary to enable it to conduct municipal 30 government, perform municipal functions, and render municipal 31 services, and may exercise any power for municipal services 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1265 575-138-97 1 unless expressly prohibited by law. The powers of the village 2 shall be liberally construed in favor of the village. 3 Section 5. Village Council.-- 4 (1) VILLAGE COUNCIL; COMPOSITION; QUALIFICATIONS OF 5 COUNCIL MEMBERS.-- 6 (a) There shall be a five member village council, 7 consisting of council members each elected from and 8 representing the village at large. 9 (b) There shall be five separate council seats to be 10 designated as Seat 1, Seat 2, Seat 3, Seat 4, and Seat 5. 11 Candidates must qualify for council elections by seat, and the 12 council members elected to those seats shall hold Seats 1 13 through 5 respectively. 14 (c) To qualify for office: 15 1. Each candidate for the office of village council 16 shall be a registered voter in the State of Florida and a 17 resident of the village. 18 2. At the time of qualification, each candidate for a 19 council seat shall reside within the boundaries of the village 20 and, if elected, shall maintain such residency throughout his 21 or her term of office. For the initial election, following 22 the referendum approving the creating of the village, 23 candidates for office shall qualify as provided in section 24 9(2). Thereafter, candidates shall qualify as provided in 25 section 8(3). 26 (2) TERM OF OFFICE.--The term of office for council 27 members shall be 4 years. Each council member shall remain in 28 office until a successor is elected and assumes the duties of 29 the position, except as otherwise provided herein. No council 30 member shall serve more than two consecutive terms of office. 31 (3) THE MAYOR; POWERS AND DUTIES.-- 4 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1265 575-138-97 1 (a) The village council, at its first regular meeting 2 after the fourth Tuesday of each March, shall elect from its 3 membership a mayor and a vice mayor who shall serve at the 4 pleasure of the village council and who shall have the same 5 legislative powers and duties as any other council member, 6 except as provided in paragraph (b). 7 (b) In addition to carrying out the regular duties 8 under paragraph (a), the mayor shall preside at the meetings 9 of the council and shall be recognized as the head of village 10 government for service of process, ceremonial matters, and the 11 signature or execution of ordinances, contracts, deeds, bonds, 12 and other instruments and documents. The mayor shall have no 13 administrative duties other than those necessary to accomplish 14 these actions, or such other actions as may be authorized by 15 the village council, consistent with general or special law. 16 (4) THE VICE MAYOR.--The vice mayor shall serve as 17 acting mayor during the absence or disability of the mayor. 18 In the absence of the mayor and the vice mayor, the remaining 19 council member shall select a council member to serve as 20 acting mayor. 21 (5) COMPENSATION AND EXPENSES.--Village council 22 members shall initially be compensated at the rate of $300 per 23 month, and shall be entitled to receive reimbursement in 24 accordance with Florida Statutes for authorized travel and per 25 diem expenses incurred in the performance of their official 26 duties. The village council, by not less than four 27 affirmative votes, may elect to provide for an increase in 28 compensation by ordinance. However, no such ordinance 29 establishing or increasing compensation shall take effect 30 until the date of commencement of the terms of council members 31 5 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1265 575-138-97 1 elected at the next regular election which follows the 2 adoption of said ordinance. 3 (6) GENERAL POWERS AND DUTIES OF COUNCIL.--Except as 4 otherwise prescribed herein or provided by law, legislative 5 and police powers of the village shall be vested in the 6 council. The council shall provide for the exercise of its 7 powers and for the performance of all duties and obligations 8 imposed on the village by law. 9 (7) VACANCIES; FORFEITURE OF OFFICE; SUSPENSION; 10 FILLING OF VACANCIES.-- 11 (a) Vacancies.--A vacancy in the office of a council 12 member shall occur upon the death of the incumbent, removal 13 from office as authorized by law, resignation, appointment to 14 other public office which creates dual office holding, 15 judicially determined incompetency, or forfeiture of office as 16 described in paragraph (b). 17 (b) Forfeiture of office.--A council member shall 18 forfeit his or her office upon determination by the council, 19 acting as a body, at a duly noticed public meeting that he or 20 she: 21 1. Lacks at any time, or fails to maintain during his 22 or her term of office, any qualification for the office 23 prescribed by this charter or otherwise required by law; 24 2. Is convicted of a felony, or enters a plea of 25 guilty or nolo contendere to a crime punishable as a felony, 26 even if adjudication is withheld; 27 3. Is convicted of a first degree misdemeanor arising 28 directly out of his or her official conduct or duties, or 29 enters a plea of guilty or nolo contendere thereto, even if 30 adjudication of guilt has been withheld; 31 6 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1265 575-138-97 1 4. Is found to have violated any standard of conduct 2 or code of ethics established by law for public officials and 3 has been suspended from office by the Governor, unless 4 subsequently reinstated as provided by law; or 5 5. Is absent from three consecutive regular council 6 meetings without justifiable reason, or for any other reason 7 established in this charter. 8 (c) Suspension from office.--A council member shall be 9 suspended from office upon return of an indictment or issuance 10 of any information charging the council member with any crime 11 which is punishable as a felony or with any crime arising out 12 of his or her official duties which is punishable as a first 13 degree misdemeanor. Pursuant thereto: 14 1. During the period of suspension, the council member 15 shall not perform any official act, duty, or function, or 16 receive any pay, allowance, emolument, or privilege of office. 17 2. If the council member is subsequently found not 18 guilty of the charge, or if the charge is otherwise dismissed, 19 reduced, or altered in such a manner that suspension would no 20 longer be required as provided herein, the suspension shall be 21 lifted and the council member shall be entitled to receive 22 full back pay and such other emoluments or allowances as he or 23 she would have been entitled to had the suspension not 24 occurred. 25 (d) Filling of vacancies.-- 26 1. If a vacancy occurs in the office of mayor, the 27 vice mayor shall serve as mayor until a new mayor is elected 28 as provided in paragraph (3)(a) and assumes the duties of his 29 or her office. 30 2. If any vacancy occurs in the office of any council 31 member and the remainder of the unexpired term is less than 2 7 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1265 575-138-97 1 years and 81 days, the remaining council members shall, within 2 30 days following the occurrence of such vacancy, by majority 3 vote, appoint a person to fill the vacancy for the remainder 4 of the unexpired term. If, however, the remainder of the 5 unexpired term exceeds 2 years and 81 days, the remaining 6 council members shall, within 30 days following the occurrence 7 of such vacancy, by majority vote, appoint a person to fill 8 the vacancy until the next regularly scheduled village 9 election. 10 3. Any person appointed to fill a vacant seat on the 11 council shall be required to meet the qualifications of the 12 seat to which he or she is appointed. 13 (8) VILLAGE COUNCIL MEETINGS.--The council shall 14 conduct regular meetings at such times and places as the 15 council shall prescribe by resolution. Such meetings shall be 16 public meetings within the meaning of s. 286.011, Florida 17 Statutes, and shall be subject to notice and other 18 requirements of law applicable to public meetings. Pursuant 19 thereto: 20 (a) Special meetings may be held at the call of the 21 mayor, or in his or her absence, at the call of the vice 22 mayor. Special meetings may also be called upon the request 23 of a majority of the council members. Unless of an emergency 24 nature, the person or persons calling such a meeting shall 25 provide not less than 72 hours' prior notice of the meeting to 26 the public. 27 (b) Elected or reelected council members shall be 28 inducted into office at the first regularly scheduled meeting 29 following certification of their election. 30 (c) A majority of the council shall constitute a 31 quorum. No action of the council shall be valid unless 8 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1265 575-138-97 1 adopted by an affirmative vote of the majority of the council 2 members in attendance, unless otherwise provided by law. All 3 actions of the village council shall be by ordinance, 4 resolution, or motion. 5 (9) VILLAGE RECORDS.--The council shall, in a properly 6 indexed book kept for the purpose, provide for the 7 authentication and recording in full of all minutes of 8 meetings, and all ordinances and resolutions adopted by the 9 council, and the same shall at all times be a public record. 10 The council shall further maintain a current codification of 11 all ordinances. Such codification shall be printed and shall 12 be made available for distribution to the public on a 13 continuing basis. All ordinances or resolutions of the 14 council shall be signed by the mayor, or vice mayor in the 15 absence or disability of the mayor, or by the acting mayor in 16 the absence or disability of both the mayor and the vice 17 mayor, and attested to by the village clerk. 18 (10) ADOPTION OF CODES.--The council may adopt any 19 standard code of technical regulations by reference thereto in 20 an adopting ordinance and may amend the code in the adopting 21 ordinance or later amendatory ordinance. The procedures and 22 requirements governing such an adoption ordinance shall be 23 prescribed for ordinances generally, except that: 24 (a) Requirements regarding distribution and filing of 25 copies of the ordinance shall not be construed to require 26 distribution and filing of copies of the adopted code of 27 technical regulations, except as provided in paragraph (b). 28 (b) A copy of each adopted code of technical 29 regulations, as well as of the adoptive ordinance, shall be 30 authenticated and recorded by the village clerk. 31 9 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1265 575-138-97 1 (11) LIMITATION OF EMPLOYMENT OF COUNCIL MEMBERS.--No 2 council member shall be in the employment of the village while 3 in office, nor shall any former council member be employed by 4 the village until after the expiration of 1 year from the time 5 of leaving office. 6 (12) NONINTERFERENCE BY VILLAGE COUNCIL.--Except for 7 the purposes of inquiry and information, the council and its 8 members including committees thereof, are expressly prohibited 9 from interfering with the performance of the duties of any 10 employee of the village government who is under the direct or 11 indirect supervision of the village manager or village 12 attorney. Such action shall be malfeasance within the meaning 13 of ss. 112.317 and 112.51, Florida Statutes. 14 Section 6. Budget and appropriations.-- 15 (1) FISCAL YEAR.--The village shall have a fiscal year 16 which shall begin on October 1 of each year and end on 17 September 30 of the succeeding year. 18 (2) BUDGET ADOPTION.--The council shall by resolution 19 adopt a budget on or before the 30th day of September of each 20 year, following a minimum of two public hearings on the 21 proposed budget. A resolution adopting the annual budget 22 shall constitute appropriation of the amounts specified 23 therein as expenditures from funds indicated. 24 (3) APPROPRIATION AMENDMENTS DURING THE FISCAL YEAR.-- 25 (a) Supplemental appropriations.--If, during the 26 fiscal year, revenues in excess of those estimated in the 27 budget are available for appropriation, the council by 28 resolution may make supplemental appropriations for the year 29 in an amount not to exceed such excess. 30 (b) Reduction of appropriations.--If, at any time 31 during the fiscal year, it appears probable to the village 10 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1265 575-138-97 1 manager that the revenues available will be insufficient to 2 meet the amount appropriated, the village manager shall report 3 same to the council without delay, indicating the estimated 4 amount of the deficit, any remedial action taken, and 5 recommendations as to any other steps that should be taken. 6 The council shall then take such further action as it deems 7 necessary to prevent or minimize any deficit and, for that 8 purpose, the council may by resolution reduce one or more 9 appropriations accordingly. 10 (c) Limitations; effective date.--No appropriation for 11 debt service may be reduced or transferred, and no 12 appropriation may be reduced below any amount required by law 13 to be appropriated, or by more than the unencumbered balance 14 thereof. Other provisions of law to the contrary 15 notwithstanding, the supplemental and emergency appropriations 16 and reduction or transfer of appropriations authorized by this 17 section may be made effective immediately upon adoption. 18 Section 7. Charter officers.-- 19 (1) DESIGNATION.--The village manager and the village 20 attorney are redesignated as charter officers, except that the 21 office of village attorney may be contracted to an attorney or 22 law firm. 23 (2) APPOINTMENT; REMOVAL; COMPENSATION; FILLING OF 24 VACANCIES.-- 25 (a) The charter officers shall be appointed by a 26 majority vote of the full council and shall serve at the 27 pleasure of the council. 28 (b) The charter officers shall be removed from office 29 only by a majority vote of the full council. Upon demand by a 30 charter officer, a public hearing shall be held prior to such 31 removal. 11 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1265 575-138-97 1 (c) The compensation of the charter officers shall be 2 fixed by the village council. 3 (d) The village council shall begin the process to 4 fill a vacancy in a charter office within 90 days of the 5 vacancy. An acting village manager or an acting village 6 attorney may be appointed by the council during a vacancy in 7 such charter office. 8 (e) The charter officers shall not be a candidate for 9 village council while holding their charter officer position. 10 (3) VILLAGE MANAGER.--The village manager shall be the 11 chief administrative officer of the village. 12 (a) Qualifications.--The village manager shall be 13 selected on the basis of experience, expertise, and management 14 ability as it pertains to running municipal government. 15 (b) Powers and duties.--The village manager shall: 16 1. As the chief administrative officer of the village, 17 direct and supervise the administration of all departments, 18 offices, and agencies of the village, except the offices of 19 village attorney, and except as otherwise provided by this 20 charter or by law. 21 2. Appoint, suspend, or remove any employee of the 22 village or appointive administrative officer provided for, by, 23 or under this charter, except the office of village attorney, 24 and except as may otherwise be provided by law, this charter, 25 or personnel rules adopted pursuant to the charter. The 26 village manager may authorize any administrative officer who 27 is subject to his or her direction and supervision to exercise 28 these powers with respect to subordinates in that officer's 29 department, office, or agency. 30 3. Ensure that all laws, provisions of this charter, 31 and acts of the council are faithfully executed. 12 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1265 575-138-97 1 4. Prepare and submit the annual budget, and capital 2 program to the council in the form prescribed by ordinance. 3 5. Attend meetings of the village council. 4 6. Draw and sign vouchers upon depositories as 5 provided by ordinance, and keep, or cause to be kept, a true 6 and accurate account of same. 7 7. Sign all licenses issued by the village, and issue 8 receipts for all moneys paid to the village, and deposit said 9 moneys in the proper depositories on the first banking day 10 after receipt. The village manager may delegate the 11 responsibilities of this subparagraph to an appropriate 12 village employee who shall be bonded. 13 8. Provide administrative services in support of the 14 official duties of the mayor and the council. 15 9. Keep the council advised as to the financial 16 condition and future needs of the village and make 17 recommendations to the council concerning the affairs of the 18 village. 19 10. Submit to the council, and make available to the 20 public, a complete report on finances and administrative 21 activities of the village as of the end of each fiscal year. 22 11. Sign contracts on behalf of the village to the 23 extent authorized by ordinance. 24 12. Perform such other duties as are specified in this 25 charter or as may be required by the council. 26 (4) VILLAGE ATTORNEY.--The village attorney shall be 27 the chief legal officer of the village. 28 (a) Qualifications.--The village attorney shall be a 29 member of The Florida Bar in good standing. 30 (b) Powers and duties.--The village attorney: 31 13 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1265 575-138-97 1 1. Shall serve as chief legal advisor to the village 2 council, the charter officers, and all village departments, 3 offices, and agencies. 4 2. May hire such assistants as may be required, when 5 approved by the village council. 6 3. Shall attend village council meetings unless 7 excused by the village council, and shall perform such 8 professional duties as may be required by law or by the 9 council in furtherance of the law. 10 4. Shall prepare an annual budget for the operation of 11 the office of the village attorney and shall submit this 12 budget to the village manager for inclusion in the annual 13 village budget, in accordance with uniform village procedures. 14 Section 8. Elections.-- 15 (1) ELECTORS.--Any person who is a resident of the 16 village, who has qualified as an elector of this state, and 17 who registers in the manner prescribed by law shall be an 18 elector of the village. 19 (2) NONPARTISAN ELECTIONS.--All elections for the 20 village council members shall be conducted on a nonpartisan 21 basis without any designation of political party affiliation. 22 (3) QUALIFYING FOR OFFICE.--Any resident of the 23 village who wishes to become a candidate for a village 24 elective office shall qualify with the village clerk no sooner 25 than noon on the last Tuesday in January nor later than noon 26 on the second Tuesday in February of the year in which the 27 election is to be held. 28 (4) SCHEDULE FOR GENERAL ELECTIONS AND RUNOFFS.--The 29 regular village election shall be the second Tuesday in March 30 of each election year. Such village elections shall be 31 general village elections. In the event no candidate for an 14 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1265 575-138-97 1 office receives a majority of the votes cast for said office, 2 then a runoff election shall be held on the fourth Tuesday in 3 March. 4 (5) SCHEDULE FOR OTHER ELECTIONS.-- 5 (a) An election to fill the remainder of an unexpired 6 term shall be held as provided in subsection (4). 7 (b) Special municipal elections shall be held in the 8 same manner as regular elections, except that the village 9 council, by ordinance, shall fix the time for holding of such 10 elections. 11 (6) DETERMINATION OF ELECTION TO OFFICE.--If only one 12 candidate qualifies for an office, said candidate shall be 13 deemed to be elected. If two or more candidates qualify for 14 an office, the names of those candidates shall be placed on 15 the ballot at the general election. If no candidate for an 16 office receives a majority of the votes cast for said office, 17 then the two candidates for the office receiving the highest 18 vote in the general election shall run again in the runoff 19 election, provided that: 20 (a) If more than two candidates for an office receive 21 an equal and highest number of votes, the name of such 22 candidates shall be placed on the runoff election ballot. 23 (b) In any contest in which there is a tie for second 24 place, the name of the candidate placing first and the name of 25 each candidate tying for second shall be placed upon the 26 runoff election ballot. The candidate receiving the highest 27 number of votes cast for the office in the runoff election 28 shall be elected to such office. If the vote at the runoff 29 election results in a tie, the outcome shall be determined by 30 lot. 31 15 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1265 575-138-97 1 (7) VILLAGE CANVASSING BOARD.--The village canvassing 2 board shall be composed of those members of the village 3 council who are not candidates for reelection and the village 4 clerk, who shall act as chairperson. At the close of the 5 polls of any village election, or as soon thereafter as 6 practicable, the canvassing board shall meet at a time and 7 place designated by the chairperson and shall proceed to 8 publicly canvass the vote as shown by the returns then on file 9 in the office of the village clerk, and then shall publicly 10 canvass the absentee elector ballots. The canvassing board 11 shall prepare and sign a certificate containing the total 12 number of votes cast for each candidate or other measure voted 13 upon. The certificate shall be placed on file with the 14 village clerk. 15 (8) RECALL OF VILLAGE COUNCIL MEMBERS.--Any member of 16 the village council may be removed from office by the electors 17 of the village following the procedures for recall established 18 by general law. 19 (9) INITIATIVE AND REFERENDUM.-- 20 (a) Power to initiate and reconsider ordinances.-- 21 1. Initiative.--The electors of the village shall have 22 the power to propose ordinances to the village council and, if 23 the village council fails to adopt an ordinance so proposed 24 without any change in substance, to adopt or reject it at a 25 village election, provided that such power shall not extend to 26 the annual budget or capital program or any ordinance 27 appropriating money, levying taxes, or setting salaries of 28 village officers or employees. 29 2. Referendum.-- 30 a. The village council shall have the power, by 31 resolution, to call for a referendum vote by the electors of 16 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1265 575-138-97 1 the village at any time, provided that the purpose of such 2 referendum is presented to the village at a public hearing at 3 least 60 days prior to the adoption of said resolution. Any 4 resolution calling for a referendum vote of the electors of 5 the village must be passed by the affirmative vote of not less 6 than four members of the council. 7 b. The electors of the village shall have the power to 8 require reconsideration by the village council of any adopted 9 ordinance and, if the village council fails to repeal an 10 ordinance so reconsidered, to approve or reject it at a 11 village election, provided that such power shall not extend to 12 the annual budget or capital program or any ordinance 13 appropriating money, levying taxes, or setting salaries of 14 village officers or employees. 15 c. Notwithstanding anything in sub-subparagraph 2.b. 16 to the contrary, the referendum power shall extend to any 17 ordinance levying ad valorem taxes, provided that the 18 ordinance increases the total village tax rate above 5 mills, 19 and that all petitions with respect to the referendum are 20 filed within 30 days after the date of adoption of the 21 ordinance. 22 (b) Commencement of proceedings.--Any 10 electors may 23 commence initiative or referendum proceedings by filing with 24 the village clerk an affidavit stating that they shall 25 constitute the petitioner's committee and be responsible for 26 circulating the petition and filing it in proper form stating 27 their names and addresses and specifying the address to which 28 all notices to the committee are to be sent, and setting out 29 in full the proposed initiative ordinance or citing the 30 ordinance sought to be reconsidered. Promptly after the 31 affidavit of the petitioner's committee is filed, the village 17 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1265 575-138-97 1 clerk may, at the committee's request, issue the appropriate 2 petition blanks to the petitioner's committee at the 3 committee's expense. 4 (c) Petitions.-- 5 1. Initiative and referendum petitions must be signed 6 by electors of the village equal in number to at least 10 7 percent of the total number of electors registered to vote in 8 the last regular village election. 9 2. All papers of a petition shall be assembled as one 10 instrument of filing. Each signature shall be executed in ink 11 and shall be followed by the printed name and address of the 12 person signing. Petitions shall contain or have attached 13 thereto throughout their circulation the full text of the 14 ordinance proposed or sought to be reconsidered. 15 3. Each paper of a petition shall have attached to it, 16 when filed, an affidavit executed by the circulator thereof 17 stating that he or she personally circulated the paper, the 18 number of signatures thereon, that all signatures were affixed 19 in his or her presence, that he or she believes them to be the 20 genuine signatures of the persons whose names they purport to 21 be, and that each signer had an opportunity before signing to 22 read the full text of the ordinance proposed or sought to be 23 reconsidered. 24 4. Except as otherwise provided in sub-subparagraph 25 2.b., all initiative and referendum petitions must be filed 26 within 60 days of the date on which proceedings with respect 27 to such initiative or referendum are commenced, and all 28 requirements of the process, including, but not limited to, 29 the submission of the signatures required, must be completed 30 no later than 90 days following the date of filing said 31 initiative or referendum petition. 18 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1265 575-138-97 1 (d) Procedure for filing.-- 2 1. Within 20 days after an initiative petition or a 3 referendum petition is filed, the village clerk shall complete 4 a certificate as to its sufficiency, specifying, if it is 5 insufficient, the particulars wherein it is defective and 6 shall promptly send a copy of the certificate to the 7 petitioner's committee by registered mail. Grounds for 8 insufficiency are only those specifics in subparagraph (c)3. 9 that are not met. A petition certified insufficient for lack 10 of the required number of valid signatures may be amended once 11 if the petitioner's committee files a notice of intent to 12 amend it with the designated official within 2 business days 13 after receiving the copy of the certificate and files a 14 supplementary petition upon additional papers within 10 days 15 after receiving the copy of such certificate. Such 16 supplementary petition shall comply with original petition 17 requirements, and within 5 days after it is filed, the village 18 clerk shall complete a certificate as to the sufficiency of 19 the petition as amended and promptly send a copy of such 20 certificate to the petitioner's committee by registered mail. 21 If a petition or an amended petition is certified sufficient, 22 or if a petition or amended petition is certified insufficient 23 and the petitioner's committee does not elect to amend or 24 request the village council review under subparagraph 2. 25 within the time required, the village clerk shall promptly 26 present a certificate to the village council and such 27 certificate shall then be a final determination as to the 28 sufficiency of the petition. 29 2. The village council review.--If a petition has been 30 certified insufficient and the petitioner's committee does not 31 file notice of intent to amend it or if an amended petition 19 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1265 575-138-97 1 has been certified insufficient, the committee may, within 2 2 business days after receiving the copy of such certificate, 3 file a request that it be reviewed by the village council. 4 The village council shall review the certificate at its next 5 meeting following the village council's filing of such request 6 and approve or disapprove it, and determination shall then be 7 final as to the sufficiency of the petition. 8 (e) Action on petitions.-- 9 1. Action by village council.--When an initiative or 10 referendum petition has been determined sufficient, the 11 village council shall promptly consider the proposed 12 initiative ordinance or reconsider the referendum ordinance by 13 voting its repeal. The repeal of an ordinance relating to the 14 levy of ad valorem taxes shall be by ordinance. If the 15 village council fails to adopt a proposed initiative ordinance 16 without any change in substance within 45 days or fails to 17 repeal the referendum ordinance within 30 days or, in the case 18 of a referendum authorized pursuant to sub-subparagraph 19 (a)2.c., within 5 days after the date on which the petition is 20 determined to be sufficient, it shall submit the proposed 21 initiative or referendum ordinance to the electors of the 22 village. If the village council fails to act on a proposed 23 initiative ordinance or a referendum ordinance within the time 24 period specified, the village council shall be deemed to have 25 failed to adopt the proposed initiative ordinance or failed to 26 repeal the referendum ordinance on the last day that the 27 village council was authorized to act on such matter. 28 2. Submission to electors.--The vote of the village on 29 a proposed initiative or referendum ordinance shall be held 30 not less than 30 or more than 60 days from the date the 31 village council acted or was deemed to have acted pursuant to 20 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1265 575-138-97 1 subparagraph (e)1. that the petition was determined 2 sufficient. If no regular election is to be held within the 3 period described in this paragraph, the village council shall 4 provide for a special election, except that the village 5 council may, in its discretion, provide for a special election 6 at an earlier date within the described period. Copies of the 7 proposed initiative or referendum ordinance shall be made 8 available at the polls. 9 3. Withdrawal of petitions.--An initiative or 10 referendum petition may be withdrawn at any time prior to the 11 15th day preceding the day scheduled for a vote of the village 12 by filing with the village clerk a request for withdrawal 13 signed by at least eight members of the petitioner's 14 committee. Upon the filing of such request, the petition 15 shall have no further force or effect and all proceedings 16 thereon shall be terminated. 17 (f) Results of election.-- 18 1. If a majority of the qualified electors voting on a 19 proposed initiative ordinance vote in its favor, it shall be 20 considered adopted upon certification of the election results. 21 If conflicting ordinances are approved at the same election, 22 the one receiving the greatest number of affirmative votes 23 shall prevail to the extent of such conflict. 24 2. If a majority of the qualified electors voting on a 25 referendum ordinance vote against it, it shall be considered 26 repealed upon certification of the election results. 27 Section 9. Transition schedule.-- 28 (1) REFERENDUM.--The referendum election called for by 29 this act shall be held on November 4, 1997, at which time the 30 following question shall be placed upon the ballot: 31 21 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1265 575-138-97 1 "SHALL CHAPTER , LAWS OF FLORIDA, CREATING 2 THE ISLAMORADA, VILLAGE OF ISLANDS AND 3 PROVIDING ITS CHARTER BE APPROVED?" 4 5 In the event this question is answered affirmatively by a 6 majority of voters voting in the referendum, the provisions of 7 this charter will take effect as provided in section 14. 8 (2) INITIAL ELECTION OF COUNCIL MEMBERS.-- 9 (a) Dates.--Following the adoption of this charter in 10 accordance with subsection (1), the Monroe County Commission 11 shall call a special election for the election of the five 12 village council members to be held on March 12, 1998. In the 13 event no candidate for an office receives a majority of the 14 votes cast for said office, then a runoff election shall be 15 held on March 26, 1998. 16 (b) Qualifying period.--Between noon on January 30, 17 1998, and noon on February 13, 1998, any individual who wishes 18 to run for one of the five initial seats on the council shall 19 qualify as a candidate with the Monroe County Supervisor of 20 Elections in accordance with the provisions of this charter 21 and general law. 22 (c) Certification of election results.--For the 23 initial election, the Monroe County Commission shall appoint a 24 canvassing board which shall certify the results of the 25 election. 26 (d) Induction into office.--Those candidates who are 27 elected on March 12, 1998, and March 26, 1998, shall take 28 office at the initial village council meeting, which shall be 29 held at 7 p.m., on March 28, 1998, at the Islamorada Public 30 Library. 31 22 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1265 575-138-97 1 (e) Initial terms of office.--In order to provide for 2 staggering terms of office, the initial term of office for 3 those three council candidates receiving the highest number of 4 votes in the initial election shall be 4 years, and for the 5 remaining elected candidates 2 years. 6 (3) CREATION AND ESTABLISHMENT OF VILLAGE.--For the 7 purpose of compliance with s. 200.066, Florida Statutes, 8 relating to assessment and collection of ad valorem taxes, the 9 village is hereby created and established effective December 10 31, 1997, notwithstanding anything to the contrary contained 11 herein, the village although created and established as of 12 December 31, 1997, shall not be operational until March 26, 13 1998. 14 (4) FIRST YEAR EXPENSES.--The village council, in 15 order to provide moneys for the expenses and support of the 16 village, shall have the power to borrow money necessary for 17 the operation of village government until such time as a 18 budget is adopted and revenues are raised in accordance with 19 the provisions of this charter. 20 (5) TRANSITIONAL ORDINANCES AND RESOLUTIONS.--The 21 village council shall adopt ordinances and resolutions 22 required to effect the transition. Ordinances adopted within 23 60 days after the first council meeting may be passed as 24 emergency ordinances. These transitional ordinances, passed as 25 emergency ordinances, shall be effective for no longer than 90 26 days after adoption, and thereafter may be readopted, renewed, 27 or otherwise continued only in the manner normally prescribed 28 for ordinances. 29 (6) TRANSITIONAL COMPREHENSIVE PLAN AND LAND 30 DEVELOPMENT REGULATIONS.-- 31 23 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1265 575-138-97 1 (a) Until such time as the village adopts a 2 comprehensive plan, the applicable provisions of the 3 Comprehensive Plan of Monroe County, as the same exists on the 4 day the village commences corporate existence, shall remain in 5 effect as the village's transitional comprehensive plan. 6 However, all planning functions, duties, and authority shall 7 thereafter be vested in the Village Council of Islamorada 8 which shall be deemed the local planning agency until and 9 unless the council establishes a separate local planning 10 agency. Prior to the adoption of a village comprehensive 11 master plan, any amendment to any zoning as established in the 12 current county land use plan shall only be by an ordinance 13 adopted by the affirmative vote of not less than four members 14 of the council. Any increase in the residential density or 15 intensity, as established in the current county land use plan 16 which is adopted by the village shall only be by an ordinance 17 adopted by the affirmative vote of not less than four members 18 of the council. 19 (b) All powers and duties of the planning commission, 20 zoning authority, any boards of adjustment, and the County 21 Commission of Monroe County, as set forth in these 22 transitional zoning and land use regulations, shall be vested 23 in the Village Council of Islamorada until such time as the 24 village council delegates all or a portion thereof to another 25 entity. 26 (c) Subsequent to the commencement of the village's 27 corporate existence, no amendment of the comprehensive plan or 28 land development regulations enacted by the Monroe County 29 Commission shall be deemed as an amendment of the village's 30 transitional comprehensive plan or land development 31 24 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1265 575-138-97 1 regulations or otherwise take effect within the village's 2 corporate limits unless approved by the village council. 3 (7) STATE SHARED REVENUES.--Islamorada, Village of 4 Islands shall be entitled to participate in all shared revenue 5 programs of the State of Florida effective immediately on the 6 date of incorporation. The provisions of s. 218.23(1), Florida 7 Statutes, shall be waived for the purpose of eligibility to 8 receive revenue sharing funds from the date of incorporation 9 through the state fiscal year 1997-1998. Initial population 10 estimates for calculating eligibility for shared revenues 11 shall be determined by the University of Florida Bureau of 12 Economic and Business Research. Should the bureau be unable to 13 provide an appropriate population estimate, the Monroe County 14 Planning Division estimate should be utilized. 15 (8) GAS TAX REVENUES.--Notwithstanding the 16 requirements of s. 336.025, Florida Statutes, to the contrary, 17 Islamorada, Village of Islands shall be entitled to receive 18 local option gas tax revenues beginning October 1, 1998. 19 Section 10. Provision for interim municipal services; 20 continuation, merger, and dissolution of existing districts; 21 continuation and allocation of Monroe County imposed taxes to 22 fund village operations.-- 23 (1) PROVISION FOR INTERIM SERVICES.--Following 24 appointment of the village manager and attorney, the council 25 shall enter into a transition agreement with Monroe County for 26 the continuation of municipal services until replaced by 27 alternative providers designated by the village. The 28 transition agreement shall provide a manner in which the 29 village will compensate Monroe County for continuing to 30 provide those services. In connection with that transition 31 agreement, the council shall also adopt and revise as 25 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1265 575-138-97 1 necessary a schedule for the implementation of village 2 municipal services. 3 (2) MONROE COUNTY TAXES LEVIED WITHIN THE BOUNDARIES 4 OF ISLAMORADA TO PROVIDE FOR MUNICIPAL SERVICES.--In levying 5 taxes and fees for the 1997-1998 fiscal year, Monroe County 6 shall separately identify all taxes and fees which it imposes 7 for countywide purposes and all taxes and fees it imposes to 8 provide municipal services to the unincorporated areas. If 9 services provided by Monroe County serve both a municipal and 10 countywide purpose, an allocation of the cost of those 11 services between countywide and municipal government must be 12 made so that no countywide tax revenues are utilized to pay 13 for municipal services. In the event the village charter is 14 adopted, those municipal taxes and fees imposed by Monroe 15 County to provide municipal services within the boundaries of 16 Islamorada shall be prorated between Monroe County and the 17 village using March 26, 1998, as the date the tax revenues 18 belonged to the village. To the extent the village is the 19 beneficiary of those tax revenues, it will be deemed to have 20 levied those taxes as village taxes. The transition agreement 21 will provide for the payment to Monroe County of such amounts 22 as are necessary to compensate Monroe County for providing 23 transition municipal services. 24 Section 11. Land description.--The corporate 25 boundaries of the village shall be as follows: 26 27 From the West end of the Channel Two Bridge 28 (approximately Mile Marker 72.5) to the West 29 end of the Tavernier Creek Bridge 30 (approximately Mile Marker 90.8), including the 31 entire islands of Plantation Key, Windley Key, 26 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1265 575-138-97 1 Upper Matecumbe Key, Lower Matecumbe Key, and 2 Teatable Key, and all land filled in between 3 the islands, all connected by U.S. One, 4 Overseas Highway; all of the above within 5 Monroe County, Florida. 6 7 Section 12. General provisions.-- 8 (1) CHARTER AMENDMENTS.--This charter may be amended 9 in accordance with the provisions for charter amendments as 10 specified in the Municipal Home Rule Powers Act, chapter 166, 11 Florida Statutes, as the same may be amended from time to 12 time, or its successor, or as may otherwise be provided by 13 general law. The form, content, and certification of any 14 petition to amend shall be established by ordinance. 15 (2) STANDARDS OF CONDUCT.--All elected officials and 16 employees of the village shall be subject to the standards of 17 conduct for public officers and employees set by general law. 18 In addition, the village council shall, no later than 6 months 19 from the effective date of incorporation, establish by 20 ordinance a code of ethics for officials and employees of the 21 village which may be supplemental to general law, but in no 22 case may such an ordinance diminish the provisions of general 23 law. The intent of this provision of the charter is to require 24 more stringent standards than those provided under general 25 law. 26 Section 13. If any provisions of this act, or the 27 application thereof to any person or circumstance, is held 28 invalid, the invalidity shall not affect other provisions or 29 applications of this act which can be given effect without the 30 invalid provision or application, and to this end the 31 provisions of this act are declared severable. 27 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1265 575-138-97 1 Section 14. This act shall take effect only upon its 2 approval by a majority vote of those qualified electors 3 residing within the proposed corporate limits of the proposed 4 Islamorada, Village of Islands as described in section 11, 5 voting in a referendum election to be called by the Monroe 6 County Commission and to be held on November 4, 1997, in 7 accordance with the provisions of law relating to elections 8 currently in force, except that: 9 (1) If approved by the electorate, section 3, section 10 9(2), and section 9(3) shall take effective upon certification 11 of the election results by the Monroe County Supervisor of 12 Elections. 13 (2) The remainder of this act shall take effect upon 14 becoming a law. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 28