CODING: Words stricken are deletions; words underlined are additions.





                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1017

    Amendment No. 2 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 1                                 .
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 2                                 .
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 3                                 .
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 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  The Committee on Election Reform offered the following:

12

13         Amendment 

14  Remove from the bill:  Everything after the enacting clause

15

16  and insert in lieu thereof:

17         Section 1.  The charter of the City of Southport, Bay

18  County, Florida, is created to read:

19                            ARTICLE I

20                       CREATION AND POWERS

21         Section 1.01  Creation.--There is hereby created in Bay

22  County a new municipality to be known as the City of

23  Southport, Florida, which shall have a commission-manager form

24  of government.

25         Section 1.02  Municipal powers.--The city shall be a

26  body corporate and politic and shall have all the powers of a

27  municipality under the Constitution and laws of the State of

28  Florida, as fully and completely as though such powers were

29  specifically enumerated in this charter, unless otherwise

30  prohibited by or contrary to the provisions of this charter.

31  The city shall have all governmental, corporate, and

                                  1

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1017

    Amendment No. 2 (for drafter's use only)





 1  proprietary powers necessary to enable it to conduct municipal

 2  government, perform municipal functions, and render municipal

 3  services, and may exercise any power for municipal purposes

 4  unless expressly prohibited by law.  The powers of the city

 5  shall be liberally construed in favor of the city.

 6                            ARTICLE II

 7                         CORPORATE LIMITS

 8         Section 2.01  Boundaries.--The following areas shall

 9  constitute the corporate limits of the City of Southport,

10  Florida:

11

12         BEGIN AT THE INTERSECTION OF THE NORTH LINE OF

13         SECTION 17, TOWNSHIP 2 SOUTH, RANGE 14 WEST,

14         BAY COUNTY, FLORIDA WITH THE WEST RIGHT OF WAY

15         LINE OF STATE ROAD NO. 77; THENCE EAST ALONG

16         THE NORTH LINE OF SECTIONS 17, 16 and 15 TO THE

17         NORTHEAST CORNER OF SECTION 15, TOWNSHIP 2

18         SOUTH, RANGE 14 WEST; THENCE NORTH ALONG THE

19         WEST LINE OF SECTION 11, TOWNSHIP 2 SOUTH,

20         RANGE 14 WEST TO THE NORTHWEST CORNER OF SAID

21         SECTION 11; THENCE EAST ALONG THE NORTH LINE OF

22         SECTIONS 11 AND 12, TOWNSHIP 2 SOUTH, RANGE 14

23         WEST AND THE NORTH LINE OF SECTION 7, TOWNSHIP

24         2 SOUTH, RANGE 13 WEST TO THE CENTER OF CEDAR

25         CREEK; THENCE SOUTHERLY ALONG THE CENTER OF

26         CEDAR CREEK AND DEER POINT LAKE TO THE MIDPOINT

27         OF DEER POINT LAKE DAM; THENCE SOUTHWESTERLY

28         ALONG THE CENTER OF NORTH BAY TO THE SOUTHERLY

29         PROJECTION OF THE EAST LINE OF SECTION 4,

30         TOWNSHIP 3 SOUTH, RANGE 14 WEST; THENCE NORTH

31         ALONG SAID EAST LINE TO THE SOUTHEAST CORNER OF

                                  2

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1017

    Amendment No. 2 (for drafter's use only)





 1         SECTION 33, TOWNSHIP 2 SOUTH, RANGE 14 WEST;

 2         THENCE WEST ALONG THE SOUTH LINE OF SAID

 3         SECTION 33 TO THE SOUTHERLY PROJECTION OF THE

 4         EAST LINE OF LOT 98, PLAT OF ST. ANDREWS BAY

 5         PECAN & FIG GROVES COMPANY'S SUBDIVISION;

 6         THENCE NORTH ALONG SAID EAST LINE AND THE

 7         SOUTHERLY PROJECTION THEREOF TO THE NORTHEAST

 8         CORNER OF SAID LOT 98; THENCE WEST ALONG THE

 9         NORTH LINE OF SAID LOT 98 AND THE WESTERLY

10         PROJECTION THEREOF TO THE NORTHEAST CORNER OF

11         LOT 99, SAID PLAT OF ST. ANDREWS BAY PECAN &

12         FIG GROVES COMPANY'S SUBDIVISION; THENCE NORTH

13         ALONG THE EAST LINE OF LOT 94, SAID PLAT OF ST.

14         ANDREWS BAY PECAN & FIG GROVES COMPANY'S

15         SUBDIVISION TO THE NORTHEAST CORNER OF SAID LOT

16         94; THENCE WEST ALONG THE NORTH LINE OF SAID

17         LOT 94 TO THE EAST LINE OF THE "LANGLEY" TRACT,

18         SAID PLAT OF ST. ANDREWS BAY PECAN & FIG GROVES

19         COMPANY'S SUBDIVISION; THENCE NORTH ALONG THE

20         EAST LINE OF THE "LANGLEY" TRACT FOR 3.8 FEET

21         TO THE NORTH LINE OF THE 15 FOOT STRIP

22         DESCRIBED IN OFFICIAL RECORDS BOOK 1104, PAGE

23         666 OF THE PUBLIC RECORDS OF BAY COUNTY,

24         FLORIDA; THENCE WEST FOR 15 FEET; THENCE SOUTH

25         FOR 90 FEET; THENCE WEST ALONG THE NORTH LINE

26         OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS

27         BOOK 1104, PAGE 666 TO THE EDGE OF NORTH BAY;

28         THENCE SOUTHWESTERLY ALONG THE RIPARIAN RIGHTS

29         LINE OF SAID PARCEL TO THE CENTER OF NORTH BAY;

30         THENCE WESTERLY ALONG THE CENTER OF NORTH BAY

31         TO THE SOUTHERLY PROJECTION OF THE WEST LINE OF

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1017

    Amendment No. 2 (for drafter's use only)





 1         THE EAST HALF OF THE EAST HALF OF SECTION 31,

 2         TOWNSHIP 2 SOUTH, RANGE 14 WEST; THENCE NORTH

 3         ALONG SAID WEST LINE OF THE EAST HALF OF THE

 4         EAST HALF OF SAID SECTION 31 AND THE SOUTHERLY

 5         PROJECTION THEREOF TO THE NORTH LINE OF SAID

 6         SECTION 31; THENCE NORTH ALONG THE WEST LINE OF

 7         THE EAST HALF OF THE SOUTHEAST QUARTER OF

 8         SECTION 30, TOWNSHIP 2 SOUTH, RANGE 14 WEST TO

 9         THE NORTHWEST CORNER OF SAID EAST HALF OF THE

10         SOUTHEAST QUARTER; THENCE EAST ALONG THE NORTH

11         LINE OF SAID EAST HALF OF THE SOUTHEAST QUARTER

12         TO THE WEST LINE OF SECTION 29, TOWNSHIP 2

13         SOUTH, RANGE 14 WEST; THENCE SOUTH ALONG SAID

14         WEST LINE OF SECTION 29 TO THE NORTHWEST CORNER

15         OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF

16         SAID SECTION 29; THENCE EAST ALONG THE NORTH

17         LINE OF SAID SOUTH HALF OF THE SOUTHWEST

18         QUARTER TO THE NORTHEAST CORNER OF SAID SOUTH

19         HALF OF THE SOUTHWEST QUARTER; THENCE NORTH

20         ALONG THE WEST LINE OF THE EAST HALF OF SAID

21         SECTION 29 TO THE NORTHWEST CORNER OF THE

22         NORTHEAST QUARTER OF SAID SECTION 29; THENCE

23         EAST ALONG THE NORTH LINE OF SAID SECTION 29 TO

24         THE NORTHEAST CORNER OF SAID SECTION 29; THENCE

25         NORTH ALONG THE WEST LINE OF SECTION 21,

26         TOWNSHIP 2 SOUTH, RANGE 14 WEST TO THE

27         NORTHWEST CORNER OF THE SOUTH HALF OF THE SOUTH

28         HALF OF SAID SECTION 21; THENCE EAST ALONG THE

29         NORTH LINE OF SAID SOUTH HALF OF THE SOUTH HALF

30         TO THE INTERSECTION OF THE WEST RIGHT OF WAY

31         LINE OF STATE ROAD NO. 77 WITH THE NORTH LINE

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1017

    Amendment No. 2 (for drafter's use only)





 1         OF SAID SOUTH HALF OF THE SOUTH HALF OF SECTION

 2         21; THENCE NORTHWESTERLY ALONG SAID WEST RIGHT

 3         OF WAY LINE TO THE POINT OF BEGINNING.

 4

 5         LESS AND EXCEPT:  BEGIN AT THE NORTHEAST CORNER

 6         OF LOT 82, ST. ANDREWS BAY PECAN & FIG GROVES

 7         CO'S, PLAT OF SECTION 33, TOWNSHIP 2 SOUTH,

 8         RANGE 14 WEST; THENCE SOUTH FOR 200 FEET;

 9         THENCE WEST FOR 231.78 FEET; THENCE

10         NORTHWESTERLY FOR 115 FEET AT AN ANGLE OF

11         23°28' TO THE RIGHT TO THE SOUTHEASTERLY RIGHT

12         OF WAY LINE OF STATE ROAD NO. 77; THENCE

13         NORTHEASTERLY ALONG SAID RIGHT OF WAY LINE TO

14         THE NORTH LINE OF LOT 82; THENCE EAST TO THE

15         POINT OF BEGINNING.

16                       ARTICLE III

17                     CITY COMMISSION

18         Section 3.01  Composition and qualifications for

19  office.--

20         (1)  COMPOSITION.--There shall be a five-member city

21  commission, consisting of a mayor and four commissioners, each

22  elected from the Southport area at large. For purposes of

23  proper interpretation of this charter, unless the context

24  otherwise requires, the term "commissioner" shall be construed

25  to include the mayor.

26         (2)  QUALIFICATIONS FOR OFFICE.--

27         (a)  Each candidate for the office of city commissioner

28  shall be a qualified elector of the city and a resident of the

29  City of Southport for a minimum of 1 year.

30         (b)  Each individual seeking to qualify as a candidate

31  for a seat on the commission shall submit to the Supervisor of

                                  5

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1017

    Amendment No. 2 (for drafter's use only)





 1  Elections of Bay County, Florida, a petition specifically

 2  declaring which seat he or she is endeavoring to obtain and

 3  containing the signatures of at least 25 electors residing

 4  within the boundaries of the City of Southport at large

 5  supporting his or her candidacy.

 6         Section 3.02  Terms of office.--

 7         (1)  The term of office for each commissioner shall be

 8  4 years.

 9         (2)  Notwithstanding subsection 3.02(1), in order to

10  provide for the staggering of terms, the initial term of

11  office for Seats Two and Four shall be 2 years, and for every

12  term thereafter, for 4 years. Seats One, Three, and the

13  Mayor's Seat shall initially be and remain 4-year terms.

14         (3)  Each commissioner shall remain in office until his

15  or her successor is elected and he or she assumes the duties

16  of the position at the first meeting of the new commission.

17         Section 3.03  Powers and duties of commission.--Except

18  as otherwise prescribed herein or provided by law, all lawful

19  legislative and corporate powers of the city shall be vested

20  in the commission.

21         Section 3.04  Powers and duties of mayor.--

22         (1)  POWERS.--There shall be a mayor who shall be

23  elected at large and who shall have the same legislative

24  powers and duties as any other commissioner, except as herein

25  provided.

26         (2)  DUTIES.--In addition to the duties provided for in

27  this charter and any lawful duties the commission may require,

28  the mayor shall preside at the meetings of the commission and

29  be recognized as the head of the city government for service

30  of process, ceremonial matters, and the signature and

31  execution of ordinances, contracts, deeds, bonds, and other

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1017

    Amendment No. 2 (for drafter's use only)





 1  instruments and documents. The mayor shall, with the approval

 2  of the commission, name committees of the commission and

 3  appoint members of the city boards. The mayor shall have no

 4  administrative duties other than those necessary to accomplish

 5  these actions, or such other actions as may be authorized by

 6  the city commission, consistent with general or special law.

 7         Section 3.05  Election and duties of vice mayor.--

 8         (1)  ELECTION.--There shall be a vice mayor elected

 9  annually by the commission from among the commissioners. Such

10  election shall take place at the first meeting after each

11  regular city general election.

12         (2)  DUTIES.--The vice mayor shall have the same

13  legislative powers and duties as any other commissioner,

14  except that he or she shall serve as acting mayor during the

15  absence or disability of the mayor and, during such period,

16  shall have the same duties as provided for in subsection

17  3.04(2). In the case of the permanent removal or death of the

18  mayor, the vice mayor shall serve as mayor for the remainder

19  of the mayor's unexpired term of office and the commissioners

20  shall fill the vacant office of commissioner as provided by

21  this charter. In the absence of the mayor and vice mayor, the

22  remaining commissioners shall elect a commissioner to serve as

23  acting mayor

24         Section 3.06  Compensation and expenses.--

25         (1)  COMPENSATION.--The mayor shall initially serve the

26  city for compensation of $500 a month. Seats One, Two, Three,

27  and Four of the commission shall initially serve the city for

28  compensation of $300 a month. The commission may determine an

29  annual salary of commissioners and/or the mayor, but no

30  ordinance increasing such salaries shall become effective

31  until the date of commencement of the terms of the

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1017

    Amendment No. 2 (for drafter's use only)





 1  commissioners elected at the next regular election.

 2         (2)  EXPENSES.--The commission may provide for

 3  reimbursement of approved expenses incurred by members while

 4  performing their official duties.

 5         Section 3.07  Vacancies.--

 6         (1)  VACANCIES.--A vacancy in the office of a

 7  commissioner shall occur upon the death of the incumbent,

 8  removal from office as authorized by law, resignation,

 9  appointment to other public office which creates dual office

10  holding, judicially determined incompetency, or forfeiture of

11  office as herein described.

12         (2)  FORFEITURE OF OFFICE.--A commissioner shall

13  forfeit his or her office upon determination by the

14  commission, acting as a body, that he or she:

15         (a)  Lacks at any time or fails to maintain during his

16  or her term of office any qualification for the office

17  prescribed by this charter or otherwise required by law;

18         (b)  Is convicted of a felony, or enters a plea of

19  guilty or nolo contendere to a crime punishable as a felony,

20  even if adjudication of guilt has been withheld;

21         (c)  Is found to have violated any standard of conduct

22  or code of ethics established by law for public officials and

23  has been suspended from office by the Governor, unless

24  subsequently reinstated as provided by law; or

25         (d)  Is absent from three consecutive regular

26  commission meetings without being excused by the commission.

27         (3)  FILLING OF VACANCIES.--

28         (a)  If a vacancy occurs in the office of mayor, the

29  vice mayor shall serve as mayor until a new mayor is elected

30  at the next regularly scheduled city election and assumes the

31  duties of his or her office. The commission shall fill the

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1017

    Amendment No. 2 (for drafter's use only)





 1  commissioner's seat temporarily vacated by the vice mayor by

 2  appointment or as otherwise herein provided.

 3         (b)  If any vacancy occurs in the office of any

 4  commissioner other than the mayor, the remaining commissioners

 5  shall, within 30 days following the occurrence of such

 6  vacancy, by majority vote, appoint a person to fill the

 7  vacancy for the remainder of the unexpired term. If, however,

 8  the remainder of the unexpired term exceeds 3 years, the

 9  remaining commissioners shall, within 30 days following the

10  occurrence of such vacancy, call a special election to fill

11  the vacancy until the next regularly scheduled election.

12         (c)  Any person appointed to fill a vacancy on the

13  commission is required to meet the qualifications of the seat

14  to which he or she is appointed except the petition

15  requirement.

16         (4)  EXTRAORDINARY VACANCIES.--In the event that all

17  members of the commission are removed by death, disability,

18  law, or forfeiture of office, the Governor shall appoint an

19  interim commission that shall call a special election that

20  shall be held 60 to 90 days from the interim commission's

21  appointment. Such election shall be held in the same manner as

22  the first election under this charter.

23         Section 3.08  City commission meetings.--

24         (1)  REGULAR MEETINGS.--The commission shall meet

25  regularly at such times and places as the city commissioners

26  shall decide, and as otherwise provided in this charter.

27         (2)  SPECIAL MEETINGS.--Special meetings may be called

28  by the mayor or any three commissioners upon no less than 12

29  hours' notice to each member of the city commission. The

30  commissioners shall decide by majority vote what shall

31  constitute an adequate form of notification to one another. No

                                  9

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1017

    Amendment No. 2 (for drafter's use only)





 1  business shall be conducted at a special meeting other than

 2  that stated in the notice of the special meeting.

 3         (3)  PUBLIC HEARINGS.--The commission shall meet at

 4  such times and places as it shall determine for the purpose of

 5  conducting public hearings required by this charter, state

 6  law, or ordinance of the city and for other purposes as the

 7  city may determine, provided that notice of each such meeting

 8  is given to each member of the city commission and to the

 9  public by publication in a newspaper of general circulation

10  within the city, or by posting at four prominent public

11  locations designated by the commission for the posting of

12  ordinances adopted by the commission. The conduct of such

13  public hearings shall be in accordance with the provisions of

14  this charter, state law, ordinances of the city, and rules of

15  procedure established by the city commission.

16                            ARTICLE IV

17                   DESIGNATED CHARTER OFFICERS

18         Section 4.01  Designated charter officers.--Designated

19  charter officers shall be the city manager and the city

20  attorney.

21         (1)  APPOINTMENT.--The charter officers shall be

22  appointed by a majority vote of the full commission and shall

23  serve at the pleasure of the commission.

24         (2)  REMOVAL.--The charter officers may be removed from

25  office by a majority vote of the full commission.

26         (3)  COMPENSATION.--The compensation of the charter

27  officers shall be fixed by the city commission, but may not be

28  reduced during a charter officer's tenure.

29         (4)  FILLING OF VACANCIES.--The city commission shall

30  begin the process to fill a vacancy in the charter office of

31  the city manager and the city attorney within 90 days of the

                                  10

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1017

    Amendment No. 2 (for drafter's use only)





 1  vacancy. An acting city manager or acting city attorney may be

 2  appointed by the city commission during a vacancy in office.

 3         (5)  CANDIDATE FOR CITY OFFICE.--A charter officer

 4  shall not be a candidate for any elected office while holding

 5  his or her charter office position. Elected city officials may

 6  not serve as charter officers for a period of 1 year after the

 7  expiration date of his or her term of office.

 8         Section 4.02  City manager qualifications, powers, and

 9  duties.--

10         (1)  QUALIFICATIONS.--Subject to subsection 4.01(1),

11  the city manager shall be selected on the basis of

12  qualifications the commissioners deem appropriate, including,

13  but not limited to, experience, expertise, and management

14  ability as it pertains to running municipal government.

15         (2)  POWER AND DUTIES.--The city manager shall:

16         (a)  Be the chief administrative officer of the city.

17         (b)  Attend all meetings of the city commission.

18         (c)  Be responsible to the commission for the

19  administration of all lawful city affairs placed in his or her

20  charge by majority vote of the commission or under this

21  charter.

22         (d)  Appoint, suspend, or remove all city employees and

23  appointive administrative officers as provided by law. He or

24  she may authorize any administrative officer who is subject to

25  his or her direction and supervision to exercise these powers

26  with respect to subordinates in that officer's department,

27  office, or agency.

28         (e)  Direct and supervise the administration of all

29  departments, offices, and agencies of the city, except as

30  otherwise provided by this charter or by law.

31         (f)  Prepare and submit the annual budget, budget

                                  11

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1017

    Amendment No. 2 (for drafter's use only)





 1  message, and capital program to the commission in a form

 2  provided for by ordinance.

 3         (g)  Submit to the commissioners a complete report of

 4  the finances and administrative activities of the city at the

 5  end of each fiscal year.

 6         (h)  Make other reports as the city commissioners may

 7  require concerning the operations of city departments,

 8  offices, and agencies, subject to his or her direction and

 9  supervision.

10         (i)  Keep the commissioners apprised of the financial

11  condition and future needs of the city and make such

12  recommendations to the commissioners concerning the affairs of

13  the city as he or she deems desirable.

14         (j)  Enter into contracts on behalf of the city upon

15  approval by the commissioners.

16         (k)  Perform such other lawful duties as are specified

17  in this charter or may be required by the commissioners.

18         Section 4.03  City attorney qualifications, powers, and

19  duties.--

20         (1)  APPOINTMENT.--The commission members may appoint a

21  city attorney subject to subsection 4.01(1) of this charter.

22         (2)  QUALIFICATIONS.--The city attorney shall be a

23  member of The Florida Bar in good standing, but not

24  necessarily a resident of the corporate limits of the City of

25  Southport.

26         (3)  POWERS AND DUTIES.--

27         (a)  The city attorney, or his or her designee, shall

28  attend all city commission meetings unless excused by the city

29  commission.

30         (b)  The city attorney shall perform such professional

31  duties as may be required by law or by the commission in

                                  12

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1017

    Amendment No. 2 (for drafter's use only)





 1  furtherance of the law.

 2         (c)  The city attorney shall be the chief legal officer

 3  of the city and shall serve as chief legal advisor to the

 4  commission, the city manager, and all city departments,

 5  offices, city advisory boards, and agencies.

 6         (d)  The city attorney shall represent the city and its

 7  agencies, boards, commissions, authorities, officers, and

 8  employees in matters relating to their official duties as

 9  directed by the city commission.

10         Section 4.04  City clerk.--

11         (1)  CREATION AND APPOINTMENT.--There is hereby created

12  the office of city clerk. The city clerk shall be appointed by

13  the city commissioners and shall hold office at their

14  pleasure. The compensation of the city clerk is determined by

15  the commission.

16         (2)  DUTIES.--The city clerk shall serve as the clerk

17  of the city commission and, as such, shall have all the powers

18  and duties imposed upon that office by this charter and the

19  commission. In addition, the city clerk shall be the official

20  custodian of the city seal and all official records,

21  documents, and papers of the city, and shall perform such

22  other duties as are required of the city clerk by this

23  charter, state law, ordinances of the city, or the direction

24  of the city commission.

25                            ARTICLE V

26                            ORDINANCES

27         Section 5.01  Enactment by the commission.--The city

28  commission shall have the power to enact ordinances as it

29  deems necessary to exercise the legislative powers granted to

30  the city by this charter. The commission shall follow any

31  procedure set forth by this charter for the adoption of

                                  13

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1017

    Amendment No. 2 (for drafter's use only)





 1  ordinances and state laws; however, the commission may adopt

 2  additional procedures or prescribe procedures in greater

 3  detail than contained herein, provided that such procedures

 4  shall not lessen, alter, or reduce the procedural requirements

 5  for the enactment of ordinances set forth in this charter or

 6  state law.

 7                            ARTICLE VI

 8                            ELECTIONS

 9         Section 6.01  Electors.--Any citizen of the United

10  States, who is a registered elector of Bay County, Florida, as

11  prescribed by law, and who resides within the City of

12  Southport, shall qualify as an elector of the City of

13  Southport.

14         Section 6.02  Nonpartisan elections.--All elections for

15  the office of mayor or city commissioner shall be conducted on

16  a nonpartisan basis without any designation of political party

17  affiliation. There shall be no party designation on official

18  ballots, literature, or campaign advertising.

19         Section 6.03  Qualifications.--In addition to all the

20  requirements imposed by state law, candidates for the office

21  of a city commission member or mayor shall qualify for such

22  office by the filing of a written notice of candidacy with the

23  supervisor of elections at such time and in such manner as may

24  be prescribed by state law, ordinance, and as otherwise

25  provided in this charter. In addition, any candidate for any

26  elected office must have resided in the City of Southport for

27  a minimum of 1 year prior to filing the written notice of

28  candidacy.

29         Section 6.04  Conduct.--Except as otherwise

30  specifically provided by this charter, all elections held by

31  the city shall be conducted in accordance with all applicable

                                  14

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1017

    Amendment No. 2 (for drafter's use only)





 1  provisions of the Florida Election Code.

 2         Section 6.05  Schedule for regular elections and

 3  primaries.--The regular election of the city commission

 4  members and mayor shall be held on the second Tuesday in April

 5  of each even-numbered year, in the manner provided for by this

 6  charter.

 7         Section 6.06  Recall of city commissioners.--Any member

 8  of the city commission may be removed from office by the

 9  electors of this city following the procedures of recall

10  established by general law.

11                           ARTICLE VII

12                       DISTRICT BOUNDARIES

13         Section 7.01  District boundaries.--

14         (1)  Elections shall be held at large until such time

15  as the commissioners pass an ordinance providing for voting

16  districts and the electors pass such ordinance by majority

17  vote at a general election.

18         (2)  In the event that the commissioners pass an

19  ordinance providing for voting districts, such districts shall

20  come up for review commencing the year in which the results of

21  the national census become available, and every year

22  thereafter in which there is a national census. At the time of

23  the adoption of this charter, this equates to every 10 years.

24         (3)  In the event that the voting districts are found

25  to be unequal, they shall be reapportioned so that they are

26  substantially equal, as prescribed by the commission.

27                           ARTICLE VIII

28                SOUTHPORT AREA MUNICIPAL SERVICES

29         Section 8.01  After the city commissioners are sworn

30  into office, the city commissioners shall authorize the city

31  manager to enter into contracts for municipal services on

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1017

    Amendment No. 2 (for drafter's use only)





 1  behalf of the City of Southport.

 2                            ARTICLE IX

 3                        GENERAL PROVISIONS

 4         Section 9.01  Charter amendment.--This charter may be

 5  amended in accordance with the provisions of the Municipal

 6  Home Rules Powers Act, chapter 166, Florida Statutes, as the

 7  same may be amended from time to time, or its successor, or as

 8  may otherwise be provided by general law. The form, content,

 9  and certification of any petition to amend shall be

10  established by ordinance.

11         Section 9.02  Charter review.--The standards for

12  charter review shall be established by ordinance.

13         Section 9.03  Initiative and referendum.--

14         (1)  INITIATIVE.--At least 25 percent of the qualified

15  electorate of the city shall have the power to petition the

16  commission to propose an ordinance, or to require

17  reconsideration of an adopted ordinance, and if the commission

18  fails to adopt such ordinance so proposed, or to repeal such

19  adopted ordinance, without any change in substance, then the

20  commission shall place the proposed ordinance, or the petition

21  to repeal an adopted ordinance, on the ballot at the next

22  general election.

23         (2)  REFERENDUM.--The commission shall have the power,

24  by resolution, to call for a referendum vote by electors of

25  the city at any time, provided that the purpose of such

26  referendum vote is presented to the city at a public hearing

27  at least 60 days prior to the adoption of said resolution. Any

28  resolution calling for a referendum vote of the electors of

29  the city must be passed by the affirmative vote of a majority

30  of the full commission.

31

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1017

    Amendment No. 2 (for drafter's use only)





 1  The commission shall adopt ordinances outlining the proper

 2  procedure for filing initiative petitions or referenda, the

 3  requirements for sufficiency of such petitions or referenda,

 4  the procedure for review for sufficiency, and the procedure

 5  for action on the petitions and referenda.

 6         Section 9.04  Standards of conduct.--All elected

 7  officials and employees of the city shall be subject to the

 8  standards of conduct for public officials and employees set by

 9  general law. In addition, the city commission may, by

10  ordinance, establish a code of ethics for officials and

11  employees of the city which may be supplemental to the general

12  law, but in no case may such an ordinance diminish the

13  provisions of general law.

14                            ARTICLE X

15                           SEVERABILITY

16         Section 10.01  If any provision, article, section,

17  paragraph, sentence, clause, phrase, or word of this charter

18  is, for any reason, held or declared by a court of competent

19  jurisdiction to be unconstitutional, or otherwise invalid, it

20  is the express intent of the citizens of the City of Southport

21  that the invalidity shall not be construed to affect those

22  portions of the charter not so held or declared, and to this

23  end the provisions of this act are declared severable.

24                            ARTICLE XI

25                       TRANSITION SCHEDULE

26         Section 11.01  Creation and establishment of city.--For

27  the purpose of compliance with Florida Statutes relating to

28  assessment and collection of ad valorem taxes, the City of

29  Southport is hereby created and established effective on the

30  date the special act passes in the Legislature, subject to its

31  approval by referendum of a majority of the registered

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1017

    Amendment No. 2 (for drafter's use only)





 1  electors residing within the proposed corporate limits as

 2  provided in section 11.02.

 3         Section 11.02  Referendum.--The referendum election

 4  called for by this act shall be held within 120 days after

 5  approval by the Legislature and, in any case, no later than

 6  September 1, 1999, at which time the following question shall

 7  be placed on the ballot:

 8

 9         Shall Chapter 99-   , Laws of Florida, creating

10         the City of Southport, Florida, and providing

11         for its charter, be approved?

12

13  In the event that the question is answered affirmatively by a

14  majority of the voters voting in the referendum, the

15  provisions of this charter shall take effect immediately in

16  accordance with the provisions outlined herein, and by law.

17         Section 11.03  Initial election of commissioners.--

18         (1)  DATES.--Following the adoption of this charter by

19  a majority vote in accordance with sections 11.01 and 11.02,

20  the Bay County Commission shall call a special election for

21  the election of a mayor and four city commissioners to be held

22  not more than 90 days after the adoption of this charter.

23         (2)  QUALIFYING.--The Bay County Commission shall also

24  designate when individuals seeking election in the new

25  municipality shall be required to qualify for office. The

26  qualifying period shall consist of 1 week and shall end not

27  less than 30 days before the date of the special election. Any

28  individual who wishes to run for one of the five initial seats

29  on the city commission must qualify as a candidate with the

30  Bay County Supervisor of Elections in accordance with the

31  provisions of this charter and general law.

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1017

    Amendment No. 2 (for drafter's use only)





 1         (3)  CERTIFICATION OF ELECTION RESULTS.--

 2         (a)  For the initial election, the Bay County

 3  Commission shall appoint a canvassing board which shall

 4  certify the results of the election.

 5         (b)  After the first election, the Southport City

 6  Commissioners shall decide how results are certified by

 7  ordinance.

 8         (4)  INDUCTION INTO OFFICE.--Those candidates who are

 9  elected in the election to be held in accordance with

10  subsection (1) shall take office at the initial city

11  commission meeting which shall be noticed by the Bay County

12  Commission and held after the special election results are

13  certified, at the Southport Community Center, located on

14  Franklin Street, Southport, Florida.

15         Section 11.04  First-year expenses.--The city

16  commission, in order to provide moneys for the expenses and

17  support of the city, shall have the power to borrow money

18  necessary for the operation of city government until such time

19  as a budget is adopted and revenues are raised in accordance

20  with the provisions of this charter.

21         Section 11.05  Transitional ordinances and

22  resolutions.--The city commission shall adopt ordinances and

23  resolutions required to effect the transition. Ordinances

24  adopted within 60 days after the first commission meeting

25  shall be passed as emergency ordinances. These transitional

26  ordinances shall be effective for no longer than 90 days after

27  adoption, and thereafter may be readopted, renewed, or

28  otherwise continued only in the manner normally prescribed for

29  ordinances.

30

31  General law prohibits the adoption of zoning ordinances as

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1017

    Amendment No. 2 (for drafter's use only)





 1  emergency ordinances.

 2         Section 11.06  Transitional comprehensive plan and land

 3  development regulation.--

 4         (1)  Until such time as the city shall adopt a

 5  comprehensive plan, the applicable provisions of the

 6  Comprehensive Plan of Bay County, as it exists upon

 7  legislative approval of the special act incorporating the City

 8  of Southport, shall remain in effect as the city's

 9  transitional comprehensive plan. However, all planning,

10  functions, duties, and authority shall thereafter be vested in

11  the City Commission of Southport and, at its discretion, a

12  separate local planning agency.

13         (2)  All powers and duties of the Bay County Planning

14  and Land Development Regulations Commission relevant to the

15  jurisdiction within the boundaries of Southport, any Boards of

16  Adjustment and Appeals created pursuant to statutory trade

17  codes, and the County Commission of Bay County, as set forth

18  in the transitional zoning and land use regulations, shall be

19  vested in the City Commission of Southport until such time as

20  the city commission delegates all or a portion of such powers

21  and duties to another entity.

22         (3)  Subsequent to the commencement of the city's

23  corporate existence, no amendment of the county's land

24  development regulations enacted by the Bay County Commission

25  which are in effect upon legislative approval of the special

26  act incorporating the City of Southport shall be deemed as an

27  amendment of the city's transitional comprehensive plan or

28  land development regulations or shall otherwise take effect

29  within the city's corporate limits, unless approved by the

30  city commission.

31         Section 11.07  State shared revenues.--The City of

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1017

    Amendment No. 2 (for drafter's use only)





 1  Southport shall be entitled to participate in all State of

 2  Florida shared revenue programs to which municipalities are

 3  entitled, effective January 1, 2000.  The provisions of s.

 4  218.23, Florida Statutes, shall be waived for the purpose of

 5  eligibility to receive revenue sharing funds from the date of

 6  incorporation through the state fiscal year 2001-2002. If the

 7  City Commission of Southport negotiates an agreement with the

 8  county to continue participating in the existing municipal

 9  services taxing unit for fire services, then the millage

10  levied may be used by the City of Southport for purposes of

11  satisfying the provisions of s. 218.23(1), Florida Statutes.

12  The provisions of s. 218.26(3), Florida Statutes, shall be

13  waived for the 1999-2000 state fiscal year and the

14  apportionment factors for the municipalities and counties

15  shall be recalculated pursuant to s. 218.245, Florida

16  Statutes.  Initial population estimates for calculating

17  eligibility for shared revenues shall be determined by the

18  University of Florida Bureau of Economic and Business

19  Research. Should the bureau be unable to provide an

20  appropriate population estimate, the Bay County Planning

21  Department shall provide an appropriate estimate.

22         Section 2.  Except as otherwise provided herein, this

23  act shall take effect only upon its approval by a majority

24  vote of those qualified electors of Bay County residing within

25  the proposed corporate limits of the proposed City of

26  Southport voting in a referendum to be called by the Bay

27  County Commission and to be held within 120 days after the

28  legislative approval of this act, but no later than September

29  1, 1999, in accordance with the provisions of law relating to

30  elections currently in force, except that this section shall

31  take effect upon becoming a law.

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