House Bill 1017e1

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                                      HB 1017, First Engrossed/ntc



  1                      A bill to be entitled

  2         An act relating to Bay County; creating the

  3         City of Southport; fixing boundaries; providing

  4         for a city commission, qualifications and terms

  5         of office, vacancies, compensation, charter

  6         officers, mayor and vice mayor, a city manager,

  7         a city attorney, and a city clerk; providing

  8         for elections; providing for municipal

  9         services; providing for charter amendment,

10         review, and referendum; providing for

11         severability; providing for transition;

12         providing an effective date.

13

14  Be It Enacted by the Legislature of the State of Florida:

15

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

17  County, Florida, is created to read:

18                            ARTICLE I

19                       CREATION AND POWERS

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

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

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

23  of government.

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

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

26  municipality under the Constitution and laws of the State of

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

28  specifically enumerated in this charter, unless otherwise

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

30  The city shall have all governmental, corporate, and

31  proprietary powers necessary to enable it to conduct municipal


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                                      HB 1017, First Engrossed/ntc



  1  government, perform municipal functions, and render municipal

  2  services, and may exercise any power for municipal purposes

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

  4  shall be liberally construed in favor of the city.

  5                            ARTICLE II

  6                         CORPORATE LIMITS

  7         Section 2.01  Boundaries.--The following areas shall

  8  constitute the corporate limits of the City of Southport,

  9  Florida:

10

11         BEGIN AT THE INTERSECTION OF THE NORTH LINE OF

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

13         BAY COUNTY, FLORIDA WITH THE WEST RIGHT OF WAY

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

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

16         NORTHEAST CORNER OF SECTION 15, TOWNSHIP 2

17         SOUTH, RANGE 14 WEST; THENCE NORTH ALONG THE

18         WEST LINE OF SECTION 11, TOWNSHIP 2 SOUTH,

19         RANGE 14 WEST TO THE NORTHWEST CORNER OF SAID

20         SECTION 11; THENCE EAST ALONG THE NORTH LINE OF

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

22         WEST AND THE NORTH LINE OF SECTION 7, TOWNSHIP

23         2 SOUTH, RANGE 13 WEST TO THE CENTER OF CEDAR

24         CREEK; THENCE SOUTHERLY ALONG THE CENTER OF

25         CEDAR CREEK AND DEER POINT LAKE TO THE MIDPOINT

26         OF DEER POINT LAKE DAM; THENCE SOUTHWESTERLY

27         ALONG THE CENTER OF NORTH BAY TO THE SOUTHERLY

28         PROJECTION OF THE EAST LINE OF SECTION 4,

29         TOWNSHIP 3 SOUTH, RANGE 14 WEST; THENCE NORTH

30         ALONG SAID EAST LINE TO THE SOUTHEAST CORNER OF

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


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                                      HB 1017, First Engrossed/ntc



  1         THENCE WEST ALONG THE SOUTH LINE OF SAID

  2         SECTION 33 TO THE SOUTHERLY PROJECTION OF THE

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

  4         PECAN & FIG GROVES COMPANY'S SUBDIVISION;

  5         THENCE NORTH ALONG SAID EAST LINE AND THE

  6         SOUTHERLY PROJECTION THEREOF TO THE NORTHEAST

  7         CORNER OF SAID LOT 98; THENCE WEST ALONG THE

  8         NORTH LINE OF SAID LOT 98 AND THE WESTERLY

  9         PROJECTION THEREOF TO THE NORTHEAST CORNER OF

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

11         FIG GROVES COMPANY'S SUBDIVISION; THENCE NORTH

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

13         ANDREWS BAY PECAN & FIG GROVES COMPANY'S

14         SUBDIVISION TO THE NORTHEAST CORNER OF SAID LOT

15         94; THENCE WEST ALONG THE NORTH LINE OF SAID

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

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

18         COMPANY'S SUBDIVISION; THENCE NORTH ALONG THE

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

20         TO THE NORTH LINE OF THE 15 FOOT STRIP

21         DESCRIBED IN OFFICIAL RECORDS BOOK 1104, PAGE

22         666 OF THE PUBLIC RECORDS OF BAY COUNTY,

23         FLORIDA; THENCE WEST FOR 15 FEET; THENCE SOUTH

24         FOR 90 FEET; THENCE WEST ALONG THE NORTH LINE

25         OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS

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

27         THENCE SOUTHWESTERLY ALONG THE RIPARIAN RIGHTS

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

29         THENCE WESTERLY ALONG THE CENTER OF NORTH BAY

30         TO THE SOUTHERLY PROJECTION OF THE WEST LINE OF

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


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                                      HB 1017, First Engrossed/ntc



  1         TOWNSHIP 2 SOUTH, RANGE 14 WEST; THENCE NORTH

  2         ALONG SAID WEST LINE OF THE EAST HALF OF THE

  3         EAST HALF OF SAID SECTION 31 AND THE SOUTHERLY

  4         PROJECTION THEREOF TO THE NORTH LINE OF SAID

  5         SECTION 31; THENCE NORTH ALONG THE WEST LINE OF

  6         THE EAST HALF OF THE SOUTHEAST QUARTER OF

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

  8         THE NORTHWEST CORNER OF SAID EAST HALF OF THE

  9         SOUTHEAST QUARTER; THENCE EAST ALONG THE NORTH

10         LINE OF SAID EAST HALF OF THE SOUTHEAST QUARTER

11         TO THE WEST LINE OF SECTION 29, TOWNSHIP 2

12         SOUTH, RANGE 14 WEST; THENCE SOUTH ALONG SAID

13         WEST LINE OF SECTION 29 TO THE NORTHWEST CORNER

14         OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF

15         SAID SECTION 29; THENCE EAST ALONG THE NORTH

16         LINE OF SAID SOUTH HALF OF THE SOUTHWEST

17         QUARTER TO THE NORTHEAST CORNER OF SAID SOUTH

18         HALF OF THE SOUTHWEST QUARTER; THENCE NORTH

19         ALONG THE WEST LINE OF THE EAST HALF OF SAID

20         SECTION 29 TO THE NORTHWEST CORNER OF THE

21         NORTHEAST QUARTER OF SAID SECTION 29; THENCE

22         EAST ALONG THE NORTH LINE OF SAID SECTION 29 TO

23         THE NORTHEAST CORNER OF SAID SECTION 29; THENCE

24         NORTH ALONG THE WEST LINE OF SECTION 21,

25         TOWNSHIP 2 SOUTH, RANGE 14 WEST TO THE

26         NORTHWEST CORNER OF THE SOUTH HALF OF THE SOUTH

27         HALF OF SAID SECTION 21; THENCE EAST ALONG THE

28         NORTH LINE OF SAID SOUTH HALF OF THE SOUTH HALF

29         TO THE INTERSECTION OF THE WEST RIGHT OF WAY

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

31         OF SAID SOUTH HALF OF THE SOUTH HALF OF SECTION


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                                      HB 1017, First Engrossed/ntc



  1         21; THENCE NORTHWESTERLY ALONG SAID WEST RIGHT

  2         OF WAY LINE TO THE POINT OF BEGINNING.

  3

  4         LESS AND EXCEPT:  BEGIN AT THE NORTHEAST CORNER

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

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

  7         RANGE 14 WEST; THENCE SOUTH FOR 200 FEET;

  8         THENCE WEST FOR 231.78 FEET; THENCE

  9         NORTHWESTERLY FOR 115 FEET AT AN ANGLE OF

10         23°28' TO THE RIGHT TO THE SOUTHEASTERLY RIGHT

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

12         NORTHEASTERLY ALONG SAID RIGHT OF WAY LINE TO

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

14         POINT OF BEGINNING.

15                       ARTICLE III

16                     CITY COMMISSION

17         Section 3.01  Composition and qualifications for

18  office.--

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

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

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

22  proper interpretation of this charter, unless the context

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

24  to include the mayor.

25         (2)  QUALIFICATIONS FOR OFFICE.--

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

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

28  City of Southport for a minimum of 1 year.

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

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

31  Elections of Bay County, Florida, a petition specifically


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                                      HB 1017, First Engrossed/ntc



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

  2  containing the signatures of at least 25 electors residing

  3  within the boundaries of the City of Southport at large

  4  supporting his or her candidacy.

  5         Section 3.02  Terms of office.--

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

  7  4 years.

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

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

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

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

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

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

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

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

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

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

18  legislative and corporate powers of the city shall be vested

19  in the commission.

20         Section 3.04  Powers and duties of mayor.--

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

22  elected at large and who shall have the same legislative

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

24  provided.

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

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

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

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

29  of process, ceremonial matters, and the signature and

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

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


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                                      HB 1017, First Engrossed/ntc



  1  of the commission, name committees of the commission and

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

  3  administrative duties other than those necessary to accomplish

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

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

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

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

  8  annually by the commission from among the commissioners. Such

  9  election shall take place at the first meeting after each

10  regular city general election.

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

12  legislative powers and duties as any other commissioner,

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

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

15  shall have the same duties as provided for in subsection

16  3.04(2). In the case of the permanent removal or death of the

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

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

19  shall fill the vacant office of commissioner as provided by

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

21  remaining commissioners shall elect a commissioner to serve as

22  acting mayor

23         Section 3.06  Compensation and expenses.--

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

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

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

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

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

29  ordinance increasing such salaries shall become effective

30  until the date of commencement of the terms of the

31  commissioners elected at the next regular election.


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                                      HB 1017, First Engrossed/ntc



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

  2  reimbursement of approved expenses incurred by members while

  3  performing their official duties.

  4         Section 3.07  Vacancies.--

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

  6  commissioner shall occur upon the death of the incumbent,

  7  removal from office as authorized by law, resignation,

  8  appointment to other public office which creates dual office

  9  holding, judicially determined incompetency, or forfeiture of

10  office as herein described.

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

12  forfeit his or her office upon determination by the

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

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

15  or her term of office any qualification for the office

16  prescribed by this charter or otherwise required by law;

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

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

19  even if adjudication of guilt has been withheld;

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

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

22  has been suspended from office by the Governor, unless

23  subsequently reinstated as provided by law; or

24         (d)  Is absent from three consecutive regular

25  commission meetings without being excused by the commission.

26         (3)  FILLING OF VACANCIES.--

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

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

29  at the next regularly scheduled city election and assumes the

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

31


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                                      HB 1017, First Engrossed/ntc



  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


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                                      HB 1017, First Engrossed/ntc



  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


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                                      HB 1017, First Engrossed/ntc



  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


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                                      HB 1017, First Engrossed/ntc



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

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

  3  provided for by ordinance.

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

  5  the finances and administrative activities of the city at the

  6  end of each fiscal year.

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

  8  require concerning the operations of city departments,

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

10  supervision.

11         (i)  Keep the commissioners apprised of the financial

12  condition and future needs of the city and make such

13  recommendations to the commissioners concerning the affairs of

14  the city as he or she deems desirable.

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

16  approval by the commissioners.

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

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

19         Section 4.03  City attorney qualifications, powers, and

20  duties.--

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

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

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

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

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

26  Southport.

27         (3)  POWERS AND DUTIES.--

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

29  attend all city commission meetings unless excused by the city

30  commission.

31


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                                      HB 1017, First Engrossed/ntc



  1         (b)  The city attorney shall perform such professional

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

  3  furtherance of the law.

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

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

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

  7  offices, city advisory boards, and agencies.

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

  9  agencies, boards, commissions, authorities, officers, and

10  employees in matters relating to their official duties as

11  directed by the city commission.

12         Section 4.04  City clerk.--

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

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

15  the city commissioners and shall hold office at their

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

17  the commission.

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

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

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

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

22  custodian of the city seal and all official records,

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

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

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

26  of the city commission.

27                            ARTICLE V

28                            ORDINANCES

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

30  commission shall have the power to enact ordinances as it

31  deems necessary to exercise the legislative powers granted to


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                                      HB 1017, First Engrossed/ntc



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

  2  procedure set forth by this charter for the adoption of

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

  4  additional procedures or prescribe procedures in greater

  5  detail than contained herein, provided that such procedures

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

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

  8  state law.

  9                            ARTICLE VI

10                            ELECTIONS

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

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

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

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

15  Southport.

16         Section 6.02  Nonpartisan elections.--All elections for

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

18  a nonpartisan basis without any designation of political party

19  affiliation. There shall be no party designation on official

20  ballots, literature, or campaign advertising.

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

22  requirements imposed by state law, candidates for the office

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

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

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

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

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

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

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

30  candidacy.

31


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                                      HB 1017, First Engrossed/ntc



  1         Section 6.04  Conduct.--Except as otherwise

  2  specifically provided by this charter, all elections held by

  3  the city shall be conducted in accordance with all applicable

  4  provisions of the Florida Election Code.

  5         Section 6.05  Schedule for regular elections and

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

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

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

  9  charter.

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

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

12  electors of this city following the procedures of recall

13  established by general law.

14                           ARTICLE VII

15                       DISTRICT BOUNDARIES

16         Section 7.01  District boundaries.--

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

18  as the commissioners pass an ordinance providing for voting

19  districts and the electors pass such ordinance by majority

20  vote at a general election.

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

22  ordinance providing for voting districts, such districts shall

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

24  the national census become available, and every year

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

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

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

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

29  substantially equal, as prescribed by the commission.

30                           ARTICLE VIII

31                SOUTHPORT AREA MUNICIPAL SERVICES


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                                      HB 1017, First Engrossed/ntc



  1         Section 8.01  After the city commissioners are sworn

  2  into office, the city commissioners shall authorize the city

  3  manager to enter into contracts for municipal services on

  4  behalf of the City of Southport.

  5                            ARTICLE IX

  6                        GENERAL PROVISIONS

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

  8  amended in accordance with the provisions of the Municipal

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

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

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

12  and certification of any petition to amend shall be

13  established by ordinance.

14         Section 9.02  Charter review.--The standards for

15  charter review shall be established by ordinance.

16         Section 9.03  Initiative and referendum.--

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

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

19  commission to propose an ordinance, or to require

20  reconsideration of an adopted ordinance, and if the commission

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

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

23  commission shall place the proposed ordinance, or the petition

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

25  general election.

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

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

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

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

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

31  resolution calling for a referendum vote of the electors of


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                                      HB 1017, First Engrossed/ntc



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

  2  of the full commission.

  3

  4  The commission shall adopt ordinances outlining the proper

  5  procedure for filing initiative petitions or referenda, the

  6  requirements for sufficiency of such petitions or referenda,

  7  the procedure for review for sufficiency, and the procedure

  8  for action on the petitions and referenda.

  9         Section 9.04  Standards of conduct.--All elected

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

11  standards of conduct for public officials and employees set by

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

13  ordinance, establish a code of ethics for officials and

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

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

16  provisions of general law.

17                            ARTICLE X

18                           SEVERABILITY

19         Section 10.01  If any provision, article, section,

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

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

22  jurisdiction to be unconstitutional, or otherwise invalid, it

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

24  that the invalidity shall not be construed to affect those

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

26  end the provisions of this act are declared severable.

27                            ARTICLE XI

28                       TRANSITION SCHEDULE

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

30  the purpose of compliance with Florida Statutes relating to

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


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                                      HB 1017, First Engrossed/ntc



  1  Southport is hereby created and established effective on the

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

  3  approval by referendum of a majority of the registered

  4  electors residing within the proposed corporate limits as

  5  provided in section 11.02.

  6         Section 11.02  Referendum.--The referendum election

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

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

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

10  be placed on the ballot:

11

12         Shall Chapter 99-   , Laws of Florida, creating

13         the City of Southport, Florida, and providing

14         for its charter, be approved?

15

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

17  majority of the voters voting in the referendum, the

18  provisions of this charter shall take effect immediately in

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

20         Section 11.03  Initial election of commissioners.--

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

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

23  the Bay County Commission shall call a special election for

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

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

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

27  designate when individuals seeking election in the new

28  municipality shall be required to qualify for office. The

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

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

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


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                                      HB 1017, First Engrossed/ntc



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

  2  Bay County Supervisor of Elections in accordance with the

  3  provisions of this charter and general law.

  4         (3)  CERTIFICATION OF ELECTION RESULTS.--

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

  6  Commission shall appoint a canvassing board which shall

  7  certify the results of the election.

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

  9  Commissioners shall decide how results are certified by

10  ordinance.

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

12  elected in the election to be held in accordance with

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

14  commission meeting which shall be noticed by the Bay County

15  Commission and held after the special election results are

16  certified, at the Southport Community Center, located on

17  Franklin Street, Southport, Florida.

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

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

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

21  necessary for the operation of city government until such time

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

23  with the provisions of this charter.

24         Section 11.05  Transitional ordinances and

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

26  resolutions required to effect the transition. Ordinances

27  adopted within 60 days after the first commission meeting

28  shall be passed as emergency ordinances. These transitional

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

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

31


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                                      HB 1017, First Engrossed/ntc



  1  otherwise continued only in the manner normally prescribed for

  2  ordinances.

  3

  4  General law prohibits the adoption of zoning ordinances as

  5  emergency ordinances.

  6         Section 11.06  Transitional comprehensive plan and land

  7  development regulation.--

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

  9  comprehensive plan, the applicable provisions of the

10  Comprehensive Plan of Bay County, as it exists upon

11  legislative approval of the special act incorporating the City

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

13  transitional comprehensive plan. However, all planning,

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

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

16  separate local planning agency.

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

18  and Land Development Regulations Commission relevant to the

19  jurisdiction within the boundaries of Southport, any Boards of

20  Adjustment and Appeals created pursuant to statutory trade

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

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

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

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

25  and duties to another entity.

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

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

28  development regulations enacted by the Bay County Commission

29  which are in effect upon legislative approval of the special

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

31  amendment of the city's transitional comprehensive plan or


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  1  land development regulations or shall otherwise take effect

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

  3  city commission.

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

  5  Southport shall be entitled to participate in all State of

  6  Florida shared revenue programs to which municipalities are

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

  8  218.23, Florida Statutes, shall be waived for the purpose of

  9  eligibility to receive revenue sharing funds from the date of

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

11  City Commission of Southport negotiates an agreement with the

12  county to continue participating in the existing municipal

13  services taxing unit for fire services, then the millage

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

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

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

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

18  apportionment factors for the municipalities and counties

19  shall be recalculated pursuant to s. 218.245, Florida

20  Statutes.  Initial population estimates for calculating

21  eligibility for shared revenues shall be determined by the

22  University of Florida Bureau of Economic and Business

23  Research. Should the bureau be unable to provide an

24  appropriate population estimate, the Bay County Planning

25  Department shall provide an appropriate estimate.

26         Section 2.  Except as otherwise provided herein, this

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

28  vote of those qualified electors of Bay County residing within

29  the proposed corporate limits of the proposed City of

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

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


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                                      HB 1017, First Engrossed/ntc



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

  2  1, 1999, in accordance with the provisions of law relating to

  3  elections currently in force, except that this section shall

  4  take effect upon becoming a law.

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