Senate Bill 2622c1

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    Florida Senate - 1999                           CS for SB 2622

    By the Committee on Comprehensive Planning, Local and Military
    Affairs; and Senator Jones




    316-2026-99

  1                      A bill to be entitled

  2         An act relating to Monroe County; creating the

  3         City of Marathon; providing legislative intent;

  4         providing municipal boundaries and municipal

  5         powers; providing a council-manager form of

  6         government; providing for election of a city

  7         council; providing for membership,

  8         qualifications, terms, powers, and duties of

  9         its members, including the mayor; providing for

10         a vice mayor; providing for payment of

11         expenses; providing general powers and duties;

12         providing circumstances resulting in vacancy in

13         office; providing grounds for forfeiture and

14         suspension; providing for filling of vacancies;

15         providing for meetings; providing for keeping

16         of records; providing for adoption,

17         distribution, and recording of technical codes;

18         providing a limitation upon employment of

19         council members; providing that certain

20         interference with city employees shall

21         constitute malfeasance in office; providing

22         penalties; establishing the fiscal year;

23         providing for adoption of annual budget and

24         appropriation; providing for appropriations

25         amendments; providing limitations; providing

26         for appointment of charter officers, including

27         a city manager and city attorney; providing for

28         removal, compensation, and filling of

29         vacancies; providing qualifications, powers,

30         and duties; providing for nonpartisan elections

31         and for matters relative thereto; providing for

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  1         recall; providing for initiatives and

  2         referenda; providing the city a transition

  3         schedule and procedures for first election;

  4         providing for first-year expenses; providing

  5         for adoption of transitional ordinances,

  6         resolutions, comprehensive plan, and local

  7         development regulations; providing for

  8         accelerated entitlement to state shared

  9         revenues; providing for gas tax revenue;

10         providing for transition agreement between

11         Monroe County and the City of Marathon;

12         providing land descriptions of the city;

13         providing for future amendments of the charter;

14         providing for standards of conduct in office;

15         providing for severability; providing for a

16         referendum approval; providing effective dates.

17

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

19

20         Section 1.  Short title.--This act, together with any

21  future amendments thereto, shall be known and may be cited as

22  the "City of Marathon Charter," hereinafter referred to as

23  "the charter."

24         Section 2.  Legislative intent.--The Legislature finds

25  and declares that:

26         (1)  The greater Marathon area in Monroe County

27  includes a compact and contiguous community of approximately

28  12,000 residents susceptible to urban services, and

29  constitutes a community amenable to separate municipal

30  government.

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  1         (2)  It is in the best interests of the public health,

  2  safety, and welfare of the residents of the Marathon area to

  3  form a separate municipality for the Marathon area with all

  4  the powers and authority necessary to provide adequate and

  5  efficient municipal services to its residents.

  6         (3)  It is intended that this charter and the

  7  incorporation of the Marathon area shall serve to preserve and

  8  protect the distinctive characteristics of the individual

  9  communities within the boundaries of the City of Marathon.

10         Section 3.  Incorporation of municipality; corporate

11  limits.--There is hereby created, effective November 30, 1999,

12  in Monroe County, a new municipality to be known as the City

13  of Marathon, which shall have a council-manager form of

14  government. The corporate boundaries of the City of Marathon,

15  hereinafter referred to as "the city," shall be as described

16  in section 10.

17         Section 4.  Municipal powers.--The city shall be a body

18  corporate and politic and shall have all the powers of a

19  municipality under the State Constitution and laws of the

20  State of Florida, as fully and completely as though such

21  powers were specifically enumerated in this charter, unless

22  otherwise prohibited by or contrary to the provisions of this

23  charter. The city shall have all governmental, corporate, and

24  proprietary powers necessary to enable it to conduct municipal

25  government, perform municipal functions, and render municipal

26  services, and may exercise any power for municipal services

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

28  shall be liberally construed in favor of the city.

29         Section 5.  City council.--

30         (1)  CITY COUNCIL; COMPOSITION; QUALIFICATIONS OF

31  COUNCIL MEMBERS.--

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  1         (a)  There shall be a five-member city council,

  2  consisting of council members each elected from and

  3  representing the city at large.

  4         (b)  There shall be five separate council seats to be

  5  designated as Seat 1, Seat 2, Seat 3, Seat 4, and Seat 5.

  6  Candidates must qualify for council elections by seat, and

  7  council members elected to those seats shall hold Seats 1

  8  through 5, respectively.

  9         (c)  To qualify for office:

10         1.  Each candidate for the office of city council shall

11  be a registered voter in the State of Florida and a resident

12  of the city.

13         2.  At the time of qualification, each candidate for a

14  council seat shall reside within the boundaries of the city

15  and, if elected, shall maintain such residency throughout his

16  or her term of office. For the initial election, following the

17  referendum approving the creating of the city, candidates for

18  office shall qualify as provided in paragraph (2) of section

19  9. Thereafter, candidates shall qualify as provided in

20  paragraph (3) of section 8.

21         (2)  TERM OF OFFICE.--The term of office for council

22  members shall be 2 years. Each council member shall remain in

23  office until a successor is elected and assumes the duties of

24  the position, except as otherwise provided herein. No council

25  member shall serve more than three consecutive terms of

26  office.

27         (3)  THE MAYOR; POWERS AND DUTIES.--

28         (a)  The city council, at its first regular meeting

29  after the fourth Tuesday of each February, shall elect from

30  its membership a mayor and a vice mayor who shall serve at the

31  pleasure of the city council and who shall have the same

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  1  legislative powers and duties as any other council member,

  2  except as provided in paragraph (b).

  3         (b)  In addition to carrying out the regular duties

  4  under paragraph (a), the mayor shall preside at the meetings

  5  of the council and shall be recognized as the head of city

  6  government for service of process, ceremonial matters, and the

  7  signature or execution of ordinances, contracts, deeds, bonds,

  8  and other instruments and documents. The mayor shall have no

  9  administrative duties other than those necessary to accomplish

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

11  the city council, consistent with general or special law.

12         (4)  THE VICE MAYOR.--The vice mayor shall serve as

13  acting mayor during the absence or disability of the mayor. In

14  the absence of the mayor and the vice mayor, the remaining

15  council members shall select a council member to serve as

16  acting mayor.

17         (5)  COMPENSATION AND EXPENSES.--City council members

18  shall not be compensated, but shall be entitled to receive

19  reimbursement in accordance with Florida Statutes for

20  authorized travel and per diem expenses incurred in the

21  performance of their official duties. The city council, by not

22  less than four affirmative votes, may elect to provide for

23  compensation by ordinance. However, no such ordinance

24  establishing compensation shall take effect until the date of

25  commencement of the terms of council members selected at the

26  next regular election which follows the adoption of said

27  ordinance.

28         (6)  GENERAL POWERS AND DUTIES OF COUNCIL.--Except as

29  otherwise prescribed herein or provided by law, legislative

30  and police powers of the city shall be vested in the council.

31  The council shall provide for the exercise of its powers and

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  1  for the performance of all duties and obligations imposed on

  2  the city by law.

  3         (7)  VACANCIES; FORFEITURE OF OFFICE; SUSPENSION;

  4  FILLING OF VACANCIES.--

  5         (a)  Vacancies.--A vacancy in the office of a council

  6  member shall occur upon the death of the incumbent, removal

  7  from office as authorized by law, resignation, appointment to

  8  other public office which creates dual office holding,

  9  judicially determined incompetency, or forfeiture of office as

10  described in paragraph (b).

11         (b)  Forfeiture of office.--A council member shall

12  forfeit his or her office upon determination by the council,

13  acting as a body, at a duly noticed public meeting that he or

14  she:

15         1.  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         2.  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 is withheld;

21         3.  Is convicted of a first degree misdemeanor arising

22  directly out of his or her official conduct or duties, or

23  enters a plea of guilty or nolo contendere thereto, even if

24  adjudication of guilt has been withheld;

25         4.  Is found to have violated any standard of conduct

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

27  has been suspended from office by the Governor, unless

28  subsequently reinstated as provided by law; or

29         5.  Is absent from three consecutive regular council

30  meetings without justifiable reason, or for any other reason

31  established in this charter.

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  1         (c)  Suspension from office.--A council member shall be

  2  suspended from office upon return of an indictment or issuance

  3  of any information charging the council member with any crime

  4  which is punishable as a felony or with any crime arising out

  5  of his or her official duties which is punishable as a first

  6  degree misdemeanor. Pursuant thereto:

  7         1.  During the period of suspension, the council member

  8  shall not perform any official act, duty, or function, or

  9  receive any pay, allowance, emolument, or privilege of office.

10         2.  If the council member is subsequently found not

11  guilty of the charge, or if the charge is otherwise dismissed,

12  reduced, or altered in such a manner that suspension would no

13  longer be required as provided herein, the suspension shall be

14  lifted and the council member shall be entitled to receive

15  full back pay and such other emoluments or allowances as he or

16  she would have been entitled to had the suspension not

17  occurred.

18         (d)  Filling of vacancies.--

19         1.  If a vacancy occurs in the office of mayor, the

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

21  as provided in paragraph (3)(a) and assumes the duties of his

22  or her office.

23         2.  If any vacancy occurs in the office of any council

24  member and the remainder of the unexpired term is less than 81

25  days, the remaining council members shall, within 30 days

26  following the occurrence of such vacancy, by majority vote,

27  appoint a person to fill the vacancy for the remainder of the

28  unexpired term. If, however, the remainder of the unexpired

29  term is 81 days or more, the remaining council members shall,

30  within 30 days following the occurrence of such vacancy, by

31

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  1  majority vote, appoint a person to fill the vacancy until the

  2  next regularly scheduled city election.

  3         3.  Any person appointed to fill a vacant seat on the

  4  council shall be required to meet the qualifications of the

  5  seat to which he or she is appointed.

  6         (8)  CITY COUNCIL MEETINGS.--The council shall conduct

  7  regular meetings at such times and places as the council shall

  8  prescribe by resolution. Such meetings shall be public

  9  meetings within the meaning of s. 286.011, Florida Statutes,

10  and shall be subject to notice and other requirements of law

11  applicable to public meetings. Pursuant thereto:

12         (a)  Special meetings may be held at the call of the

13  mayor or, in his or her absence, at the call of the vice

14  mayor. Special meetings may also be called upon the request of

15  a majority of the council members. Unless of an emergency

16  nature, the person or persons calling such a meeting shall

17  provide not less than 72 hours' prior notice of the meeting to

18  the public.

19         (b)  Elected or reelected council members shall be

20  inducted into office at the first regularly scheduled meeting

21  following certification of their election.

22         (c)  A majority of the council shall constitute a

23  quorum. No action of the council shall be valid unless adopted

24  by an affirmative vote of the majority of the council members

25  in attendance, unless otherwise provided by law. All actions

26  of the city council shall be by ordinance, resolution, or

27  motion.

28         (9)  CITY RECORDS.--The council shall, in a properly

29  indexed book kept for the purpose, provide for the

30  authentication and recording in full of all minutes of

31  meetings, and all ordinances and resolutions adopted by the

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  1  council, and the same shall at all times be a public record.

  2  The council shall further maintain a current codification of

  3  all ordinances. Such codification shall be printed and shall

  4  be made available for distribution to the public on a

  5  continuing basis. All ordinances or resolutions of the council

  6  shall be signed by the mayor, or vice mayor in the absence or

  7  disability of the mayor, or by the acting mayor in the absence

  8  or disability of both the mayor and the vice mayor, and

  9  attested to by the city clerk.

10         (10)  ADOPTION OF CODES.--The council may adopt any

11  standard code of technical regulations by reference thereto in

12  an adopting ordinance and may amend the code in the adopting

13  ordinance or later amendatory ordinance. The procedures and

14  requirements governing such an adoption ordinance shall be

15  prescribed for ordinances generally, except that:

16         (a)  Requirements regarding distributing and filing of

17  copies of the ordinance shall not be construed to require

18  distribution and filing of copies of the adopted code of

19  technical regulations, except as provided in paragraph (b).

20         (b)  A copy of each adopted code of technical

21  regulations, as well as of the adoptive ordinance, shall be

22  authenticated and recorded by the city clerk.

23         (11)  LIMITATION OF EMPLOYMENT OF COUNCIL MEMBERS.--No

24  council member shall be in the employment of the city while in

25  office, nor shall any former council member be employed by the

26  city until after the expiration of 1 year from the time of

27  leaving office.

28         (12)  NONINTERFERENCE BY CITY COUNCIL.--Except for the

29  purposes of inquiry and information, the council and its

30  members, including committees thereof, are expressly

31  prohibited from interfering with the performance of the duties

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  1  of any employee of the city government who is under the direct

  2  or indirect supervision of the city manager or city attorney.

  3  Such action shall be malfeasance within the meaning of s.

  4  112.51, Florida Statutes, and shall be punishable as provided

  5  in s. 112.317, Florida Statutes.

  6         Section 6.  Budget and appropriations.--

  7         (1)  FISCAL YEAR.--The city shall have a fiscal year

  8  which shall begin on October 1 of each year and end on

  9  September 30 of the succeeding year.

10         (2)  BUDGET ADOPTION.--The council shall by resolution

11  adopt a budget on the 30th day of September of each year,

12  following a minimum of two public hearings on the proposed

13  budget. A resolution adopting the annual budget shall

14  constitute appropriation of the amounts specified therein as

15  expenditures from funds indicated.

16         (3)  APPROPRIATION AMENDMENTS DURING THE FISCAL YEAR.--

17         (a)  Supplemental appropriations.--If, during the

18  fiscal year, revenues in excess of those estimated in the

19  budget are available for appropriation, the council by

20  resolution may make supplemental appropriations for the year

21  in an amount not to exceed such excess.

22         (b)  Reduction of appropriations.--If, at any time

23  during the fiscal year, it appears probable to the city

24  manager that the revenues available will be insufficient to

25  meet the amount appropriated, the city manager shall report

26  same to the council without delay, indicating the estimated

27  amount of the deficit, any remedial action taken, and

28  recommendations as to any other steps that should be taken.

29  The council shall then take such further action as it deems

30  necessary to prevent or minimize any deficit and, for that

31

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  1  purpose, the council may by resolution reduce one or more

  2  appropriations accordingly.

  3         (c)  Limitations; effective date.--No appropriation for

  4  debt service may be reduced or transferred, and no

  5  appropriation may be reduced below any amount required by law

  6  to be appropriated, or by more than the unencumbered balance

  7  thereof. Other provisions of law to the contrary

  8  notwithstanding, the supplemental and emergency appropriations

  9  and reduction or transfer of appropriations authorized by this

10  section may be made effective immediately upon adoption.

11         Section 7.  Charter officers.--

12         (1)  DESIGNATION.--The city manager and the city

13  attorney are redesignated as charter officers, except that the

14  office of the city attorney may be contracted to an attorney

15  or law firm.

16         (2)  APPOINTMENT; REMOVAL; COMPENSATION; FILLING OF

17  VACANCIES.--

18         (a)  The charter officers shall be appointed by a

19  majority vote of the full council and shall serve at the

20  pleasure of the council.

21         (b)  The charter officers shall be removed from office

22  only by a majority vote of the full council. Upon demand by a

23  charter officer, a public hearing shall be held prior to such

24  removal.

25         (c)  The compensation of the charter officers shall be

26  fixed by the city council.

27         (d)  The city council shall begin the process to fill a

28  vacancy in a charter office within 90 days after the vacancy.

29  An acting city manager or an acting city attorney may be

30  appointed by the council during a vacancy in such charter

31  office.

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  1         (e)  A charter officer shall not be a candidate for

  2  city council while holding his or her charter officer

  3  position.

  4         (3)  CITY MANAGER.--The city manager shall be the chief

  5  administrative officer of the city.

  6         (a)  Qualifications.--The city manager shall be

  7  selected on the basis of experience, expertise, and management

  8  ability as it pertains to running municipal government.

  9         (b)  Powers and duties.--The city manager shall:

10         1.  As the chief administrative officer of the city,

11  direct and supervise the administration of all departments,

12  offices, and agencies of the city, except the offices of city

13  attorney, and except as otherwise provided by this charter or

14  by law.

15         2.  Appoint, suspend, or remove any employee of the

16  city or appointive administrative officer provided for by or

17  under this charter, except the office of city attorney, and

18  except as may otherwise be provided by law, this charter, or

19  personnel rules adopted pursuant to the charter. The city

20  manager may authorize any administrative officer who is

21  subject to his or her direction and supervision to exercise

22  these powers with respect to subordinates in that officer's

23  department, office, or agency.

24         3.  Ensure that all laws, provisions of this charter,

25  and acts of the council are faithfully executed.

26         4.  Prepare and submit the annual budget and capital

27  program to the council in the form prescribed by ordinance.

28         5.  Attend meetings of the city council.

29         6.  Draw and sign vouchers upon depositories as

30  provided by ordinance, and keep or cause to be kept a true and

31  accurate account of same.

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  1         7.  Sign all licenses issued by the city, and issue

  2  receipts for all moneys paid to the city, and deposit said

  3  moneys in the proper depositories on the first banking day

  4  after receipt. The city manager may delegate the

  5  responsibilities of this subparagraph to an appropriate city

  6  employee who shall be bonded.

  7         8.  Provide administrative services in support of the

  8  office duties of the mayor and the council.

  9         9.  Keep the council advised as to the financial

10  condition and future needs of the city and make

11  recommendations to the council concerning the affairs of the

12  city.

13         10.  Submit to the city, and make available to the

14  public, a complete report on finances and administrative

15  activities of the city as of the end of the fiscal year.

16         11.  Sign contracts on behalf of the city to the extent

17  authorized by ordinance.

18         12.  Perform such other duties as are specified in this

19  charter or as may be required by the council.

20         (4)  CITY ATTORNEY.--The city attorney shall be the

21  chief legal officer of the city.

22         (a)  Qualifications.--The city attorney shall be a

23  member of The Florida Bar in good standing.

24         (b)  Powers and duties.--The city attorney:

25         1.  Shall serve as chief legal advisor to the city

26  council, the charter officers, and all city departments,

27  offices, and agencies.

28         2.  May hire such assistants as may be required, when

29  approved by the city council.

30         3.  Shall attend city council meetings unless excused

31  by the city council, and shall perform such professional

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  1  duties as may be required by law or by the council in

  2  furtherance of the law.

  3         4.  Shall prepare an annual budget for the operation of

  4  the office of the city attorney and shall submit this budget

  5  to the city manager for inclusion in the annual city budget,

  6  in accordance with uniform city procedures.

  7         Section 8.  Elections.--

  8         (1)  ELECTORS.--Any person who is a resident of the

  9  city, who has qualified as an elector of this state and who

10  registers in the manner prescribed by law, shall be an elector

11  of the city.

12         (2)  NONPARTISAN ELECTIONS.--All elections for the city

13  council members shall be conducted on a nonpartisan basis

14  without any designation of political party affiliation.

15         (3)  QUALIFYING FOR OFFICE.--Any resident of the city

16  who wishes to become a candidate for a city elective office

17  shall qualify with the city clerk no sooner than noon on the

18  last Tuesday in December nor later than noon on the second

19  Tuesday in January of the year in which the election is to be

20  held.

21         (4)  SCHEDULE FOR GENERAL ELECTIONS AND RUNOFFS.--The

22  regular city election shall be the second Tuesday in February

23  of each election year. Such city elections shall be general

24  city elections. In the event no candidate for an office

25  receives a majority of the votes cast for said office, then a

26  runoff election shall be held on the fourth Tuesday in

27  February.

28         (5)  SCHEDULE FOR OTHER ELECTIONS.--

29         (a)  An election to fill the remainder of an unexpired

30  term shall be held as provided in subsection (4).

31

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  1         (b)  Special municipal elections shall be held in the

  2  same manner as regular elections, except that the city

  3  council, by ordinance, shall fix the time for holding of such

  4  elections.

  5         (6)  DETERMINATION OF ELECTION TO OFFICE.--If only one

  6  candidate qualifies for an office, said candidate shall be

  7  deemed to be elected. If two or more candidates qualify for an

  8  office, the names of those candidates shall be placed on the

  9  ballot at the general election. If no candidate for an office

10  receives a majority of the votes cast for said office, then

11  the two candidates for the office receiving the highest vote

12  in the general election shall run again in the runoff

13  election, provided that:

14         (a)  If more than two candidates for an office receive

15  an equal and highest number of votes, the name of such

16  candidates shall be placed on the runoff election ballot.

17         (b)  In any contest in which there is a tie for second

18  place, the name of the candidate placing first and the name of

19  each candidate tying for second shall be placed upon the

20  runoff election ballot. The candidate receiving the highest

21  number of votes cast for the office in the runoff election

22  shall be elected to such office. If the vote at the runoff

23  election results in a tie, the outcome shall be determined by

24  lot.

25         (7)  CITY CANVASSING BOARD.--The city canvassing board

26  shall be composed of those members of the city council who are

27  not candidates for reelection and the city clerk, who shall

28  act as chairperson. At the close of the polls of any city

29  election, or as soon thereafter as practicable, the canvassing

30  board shall meet at a time and place designated by the

31  chairperson and shall proceed to publicly canvass the vote as

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  1  shown by the returns then on file in the office of the city

  2  clerk, and then shall publicly canvass the absentee elector

  3  ballots. The canvassing board shall prepare and sign a

  4  certificate containing the total number of votes cast for each

  5  candidate or other measure voted upon. The certificate shall

  6  be placed on file with the city clerk.

  7         (8)  RECALL OF CITY COUNCIL MEMBERS.--Any member of the

  8  city council may be removed from office by the electors of the

  9  city following the procedures for recall established by

10  general law.

11         (9)  INITIATIVE AND REFERENDUM.--

12         (a)  Power to initiate and reconsider ordinances.--

13         1.  Initiative.--The electors of the city shall have

14  the power to propose ordinances to the city council and, if

15  the city council fails to adopt an ordinance so proposed

16  without any change in substance, to adopt or reject it at a

17  city election, provided that such power shall not extend to

18  the annual budget or capital program or any ordinance

19  appropriating money, levying taxes, or setting salaries of

20  city officers or employees.

21         2.  Referendum.--

22         a.  The city council shall have the power, by

23  resolution, to call for a referendum vote by the electors of

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

25  referendum is presented to the city at a public hearing at

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

27  resolution call for a referendum vote of the electors of the

28  city must be passed by an affirmative vote of not less than

29  four members of the council.

30         b.  The electors of the city shall have the power to

31  require reconsideration by the city council of any adopted

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  1  ordinance and, if the city council fails to repeal an

  2  ordinance so reconsidered, to approve or reject it at a city

  3  election, provided that such power shall not extend to the

  4  annual budget or capital program or any ordinance

  5  appropriating money, levying taxes, or setting salaries of

  6  city officers or employees.

  7         (b)  Commencement of proceedings.--Any 10 electors may

  8  commence initiative or referendum proceedings by filing with

  9  the city clerk an affidavit stating that they shall constitute

10  the petitioner's committee and be responsible for circulating

11  the petition and filing it in proper form, stating their names

12  and addresses and specifying the address to which all notices

13  to the committee are to be sent, and setting out in full the

14  proposed initiative ordinance or citing the ordinance sought

15  to be reconsidered. Promptly after the affidavit of the

16  petitioner's committee is filed, the city clerk may, at the

17  committee's request, issue the appropriate petition blanks to

18  the petitioner's committee at the committee's expense.

19         (c)  Petitions.--

20         1.  Initiative and referendum petitions must be signed

21  by electors of the city equal in number to at least 10 percent

22  of the total number of electors registered to vote in the last

23  regular city election.

24         2.  All papers of a petition shall be assembled as one

25  instrument of filing. Each signature shall be executed in ink

26  and shall be followed by the printed name and address of the

27  person signing. Petitions shall contain or have attached

28  thereto throughout their circulation the full test of the

29  ordinance proposed or sought to be reconsidered.

30         3.  Each paper of a petition shall have attached to it,

31  when filed, an affidavit executed by the circulator thereof

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  1  stating that he or she personally circulated the paper, the

  2  number of signatures thereon, that all signatures were affixed

  3  in his or her presence, that he or she believes them to be the

  4  genuine signatures of the persons whose names they purport to

  5  be, and that each signer had an opportunity before signing to

  6  read the full text of the ordinance proposed or sought to be

  7  reconsidered.

  8         4.  Except as otherwise provided in sub-subparagraph

  9  (a)2.b., all initiative and referendum petitions must be filed

10  within 60 days after the date on which proceedings with

11  respect to such initiative or referendum are commenced, and

12  all requirements of the process, including, but not limited

13  to, the submission of the signatures required, must be

14  completed no later than 90 days following the date of filing

15  said initiative or referendum petition.

16         (d)  Procedure for filing.--

17         1.  Within 20 days after an initiative petition or a

18  referendum petition is filed, the city clerk shall complete a

19  certificate as to its sufficiency, specifying, if it is

20  insufficient, the particulars wherein it is defective, and

21  shall promptly send a copy of the certificate to the

22  petitioner's committee by registered mail. Grounds for

23  insufficiency are only those specifics in subparagraph (c)3.

24  that are not met. A petition certified insufficient for lack

25  of the required number of valid signatures may be amended once

26  if the petitioner's committee files a notice of intent to

27  amend it with the designated official within 2 business days

28  after receiving the copy of the certificate and files a

29  supplementary petition upon additional papers within 10 days

30  after receiving the copy of such certificate. Such

31  supplementary petition shall comply with original petition

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  1  requirements and, within 5 days after it is filed, the city

  2  clerk shall complete a certificate as to the sufficiency of

  3  the petition as amended and promptly send a copy of such

  4  certificate to the petitioner's committee by registered mail.

  5  If a petition or an amended petition is certified sufficient,

  6  or if a petition or amended petition is certified insufficient

  7  and the petitioner's committee does not elect to amend or

  8  request the city council review under subparagraph 2. within

  9  the time required, the city clerk shall promptly present a

10  certificate to the city council and such certificate shall

11  then be a final determination as to the sufficiency of the

12  petition.

13         2.  The city council review.--If a petition has been

14  certified insufficient and the petitioner's committee does not

15  file notice of intent to amend it or if an amended petition

16  has been certified insufficient, the committee may, within 2

17  business days after receiving the copy of such certificate,

18  file a request that it be reviewed by the city council. The

19  city council shall review the certificate at its next meeting

20  following the city council's filing of such request and

21  approve or disapprove it, and determination shall then be

22  final as to the sufficiency of the petition.

23         (e)  Action on petitions.--

24         1.  Action by city council.--When an initiative or

25  referendum petition has been determined sufficient, the city

26  council shall promptly consider the proposed initiative

27  ordinance, or reconsider the referendum ordinance by voting

28  its repeal. The repeal of an ordinance relating to the levy of

29  ad valorem taxes shall be by ordinance. If the city council

30  fails to adopt a proposed initiative ordinance without any

31  change in substance within 45 days or fails to repeal the

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  1  referendum ordinance within 30 days or, in the case of a

  2  referendum authorized pursuant to sub-subparagraph (a)2.c.,

  3  within 5 days after the date on which the petition is

  4  determined to be sufficient, it shall submit the proposed

  5  initiative or referendum ordinance to the electors of the

  6  city. If the city council fails to act on a proposed

  7  initiative ordinance or a referendum ordinance within the time

  8  period specified, the city council shall be deemed to have

  9  failed to adopt the proposed initiative ordinance, or failed

10  to repeal the referendum ordinance on the last day that the

11  city council was authorized to act on such matter.

12         2.  Submission to electors.--The vote of the city on a

13  proposed initiative or referendum ordinance shall be held not

14  less than 30 or more than 60 days from the date the city

15  council acted or was deemed to have acted pursuant to

16  subparagraph 1., that the petition was determined sufficient.

17  If no regular election is to be held within the period

18  described in this paragraph, the city council shall provide

19  for a special election, except that the city council may, in

20  its discretion, provide for a special election at an earlier

21  date within the described period. Copies of the proposed

22  initiative or referendum ordinance shall be made available at

23  the polls.

24         3.  Withdrawal of petitions.--An initiative or

25  referendum petition may be withdrawn at any time prior to the

26  15th day preceding the day scheduled for a vote of the city by

27  filing with the city clerk a request for withdrawal signed by

28  at least eight members of the petitioner's committee. Upon the

29  filing of such request, the petition shall have no further

30  force or effect and all proceedings thereon shall be

31  terminated.

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  1         (f)  Results of election.--

  2         1.  If a majority of the qualified electors voting on a

  3  proposed initiative ordinance vote in its favor, it shall be

  4  considered adopted upon certification of the election results.

  5  If conflicting ordinances are approved at the same election,

  6  the one receiving the greatest number of affirmative votes

  7  shall prevail to the extent of such conflict.

  8         2.  If a majority of the qualified electors voting on a

  9  referendum ordinance vote against it, it shall be considered

10  repealed upon certification of the election results.

11         Section 9.  Transition schedule.--

12         (1)  REFERENDUM.--The referendum election called for by

13  this act shall be held on November 2, 1999, at which time the

14  following question shall be placed upon the ballot:  "SHALL

15  CHAPTER 99-   , LAWS OF FLORIDA, CREATING THE CITY OF MARATHON

16  AND PROVIDING ITS CHARTER BE APPROVED?  YES/NO." In the event

17  this question is answered affirmatively by a majority of

18  voters voting in the referendum, the provisions of this

19  charter shall take effect as provided in section 13.

20         (2)  INITIAL ELECTION OF COUNCIL MEMBERS.--

21         (a)  Dates.--Following the adoption of this charter in

22  accordance with subsection (1), the Monroe County Commission

23  shall call a special election for the election of the five

24  city council members to be held on February 8, 2000. In the

25  event no candidate for an office receives a majority of the

26  votes cast for said office, then a runoff election shall be

27  held on February 22, 2000.

28         (b)  Qualifying period.--Between noon on December 20,

29  1999, and noon on January 11, 2000, any individual who wishes

30  to run for one of the five initial seats on the council shall

31  qualify as a candidate with the Monroe County Supervisor of

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  1  Elections in accordance with the provisions of this charter

  2  and general law.

  3         (c)  Certification of election results.--For the

  4  initial election, the Monroe County Commission shall appoint a

  5  canvassing board which shall certify the results of the

  6  election.

  7         (d)  Induction into office.--Those candidates who are

  8  elected on February 8, 2000, and February 22, 2000, shall take

  9  office at the initial city council meeting, which shall be

10  held at 7 p.m., on February 24, 2000, at the Marathon Public

11  Library.

12         (e)  Initial terms of office.--In order to provide for

13  staggering terms of office, the initial term of office for

14  those three council candidates receiving the highest number of

15  votes in the initial election shall be 2 years, and for the

16  remaining elected candidates, the initial term of office shall

17  be 1 year.

18         (3)  CREATION AND ESTABLISHMENT OF CITY.--For the

19  purpose of compliance with s. 200.066, Florida Statutes,

20  relating to assessment and collection of ad valorem taxes, the

21  city is hereby created and established effective November 30,

22  1999. Notwithstanding anything to the contrary contained

23  herein, the city, although created and established as of

24  November 30, 1999, shall not be operational until February 24,

25  2000.

26         (4)  FIRST-YEAR EXPENSES.--The city council, in order

27  to provide moneys for the expenses and support of the city,

28  shall have the power to borrow money necessary for the

29  operation of city government until such time as a budget is

30  adopted and revenues are raised in accordance with the

31  provisions of this charter.

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  1         (5)  TRANSITIONAL ORDINANCES AND RESOLUTIONS.--The city

  2  council shall adopt ordinances and resolutions required to

  3  effect the transition. Ordinances adopted within 60 days after

  4  the first council meeting may be passed as emergency

  5  ordinances. These transitional ordinances, passed as emergency

  6  ordinances, shall be effective for no longer than 90 days

  7  after adoption, and thereafter may be readopted, renewed, or

  8  otherwise continued only in the manner normally prescribed for

  9  ordinances.

10         (6)  TRANSITIONAL COMPREHENSIVE PLAN AND LAND

11  DEVELOPMENT REGULATIONS.--

12         (a)  Until such time as the city adopts a comprehensive

13  plan, the applicable provisions of the Comprehensive Plan of

14  Monroe County, as the same exists on the day the city

15  commences corporate existence, shall remain in effect as the

16  city's transitional comprehensive plan. However, all planning

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

18  the City Council of Marathon which shall be deemed the local

19  planning agency until and unless the council establishes a

20  separate local planning agency. Prior to the adoption of a

21  city comprehensive master plan, any amendment to any zoning as

22  established in the current county land use plan shall only be

23  by an ordinance adopted by the affirmative vote of not less

24  than four members of the council. Any increase in the

25  residential density or intensity, as established in the

26  current county land use plan which is adopted by the city

27  shall only be by an ordinance adopted by the affirmative vote

28  of not less than four members of the council.

29         (b)  All powers and duties of the planning commission,

30  zoning authority, any boards of adjustment, and the County

31  Commission of Monroe County, as set forth in these

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  1  transitional zoning and land use regulations, shall be vested

  2  in the City Council of Marathon until such time as the city

  3  council delegates all or a portion thereof to another entity.

  4         (c)  Subsequent to the commencement of the city's

  5  corporate existence, no amendment of the comprehensive plan or

  6  land development regulations enacted by the Monroe County

  7  Commission shall be deemed as an amendment of the city's

  8  transitional comprehensive plan or land development

  9  regulations or otherwise take effect within the city's

10  corporate limits unless approved by the city council.

11         (7)  STATE SHARED REVENUES.--The City of Marathon shall

12  be entitled to participate in all shared revenue programs of

13  the State of Florida effective immediately on the date of

14  incorporation. The provisions of s. 218.23(1), Florida

15  Statutes, shall be waived for the purpose of eligibility to

16  receive revenue sharing funds from the date of incorporation

17  through the state Fiscal Year 2001-2002. Section 218.26(3),

18  Florida Statutes, is waived for the state fiscal year

19  1999-2000, and the apportionment factors for the

20  municipalities and counties shall be recalculated pursuant to

21  s. 218.245, Florida Statutes. Initial population estimates for

22  calculating eligibility for shared revenues shall be

23  determined by the University of Florida Bureau of Economic and

24  Business Research. Should the bureau be unable to provide an

25  appropriate population estimate, the Monroe County Planning

26  Division estimate shall be utilized.

27         (8)  GAS TAX REVENUES.--Notwithstanding the

28  requirements of s. 336.025, Florida Statutes, to the contrary,

29  the City of Marathon shall be entitled to receive local option

30  gas tax revenues beginning on the effective date of

31  incorporation.

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  1         Section 10.  Land description.--The corporate

  2  boundaries of the city shall be as follows:  from the East end

  3  of the Seven Mile Bridge (approximately Mile Marker 47) to the

  4  West end of the Tom's Harbor Bridge (approximately Mile Marker

  5  60), including, but not limited to, the entire islands of

  6  Knight Key; Hog Key; Vaca Key; Stirrup Key; Boot Key; Crawl

  7  Key; East Sister's Island; West Sister's Island; Fat Deer Key;

  8  Long Point Key; Deer Key; Little Deer Key; Little Crawl Key;

  9  Grassy Key; the unincorporated areas of Monroe County commonly

10  known as Marathon and Coco Plum; all land filled in between

11  the islands, including all islands connected by U.S. 1,

12  Overseas Highway and roadways connecting thereto; and all

13  adjacent islands not connected by roadways within the

14  boundaries of Monroe County between Mile Marker 47 and Mile

15  Marker 60, specifically excluding all areas within the

16  boundaries of the City of Key Colony Beach, all of the above

17  being within the boundaries of Monroe County, Florida.

18         Section 11.  General provisions.--

19         (1)  CHARTER AMENDMENTS.--This charter may be amended

20  in accordance with the provisions for charter amendments as

21  specified in the Municipal Home Rule Powers Act, chapter 166,

22  Florida Statutes, as the same may be amended from time to

23  time, or its successor, or as may otherwise be provided by

24  general law. The form, content, and certification of any

25  petition to amend shall be established by ordinance.

26         (2)  STANDARDS OF CONDUCT.--All elected officials and

27  employees of the city shall be subject to the standards of

28  conduct for public officers and employees set by general law.

29  In addition, the city council shall, no later than 6 months

30  from the effective date of incorporation, establish by

31  ordinance a code of ethics for officials and employees of the

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  1  city which may be supplemental to general law, but in no case

  2  may such an ordinance diminish the provisions of general law.

  3  The intent of this provision of the charter is to require more

  4  stringent standards than those provided under general law.

  5         Section 12.  If any provision of this act, or the

  6  application thereof to any person or circumstance, is held

  7  invalid, the invalidity shall not affect other provisions or

  8  applications of this act which can be given effect within the

  9  invalid provision or application, and to this end the

10  provisions of this act are declared severable.

11         Section 13.  This act shall take effect only upon its

12  approval by a majority vote of those qualified electors

13  residing within the proposed corporate limits of the proposed

14  City of Marathon, as described in section 10, voting in a

15  referendum election to be called by the Monroe County

16  Commission and to be held on November 2, 1999, in accordance

17  with the provisions of law relating to elections currently in

18  force, except this section shall take effect upon becoming a

19  law.

20

21          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
22                         Senate Bill 2622

23

24  Deletes a provision of the proposed City of Marathon charter
    that requires a referendum before the city council can raise
25  ad valorem millage beyond 5 mills.

26  Exempts the City of Marathon from certain revenue sharing
    eligibility criteria until the fiscal year 2001-2002.
27
    Exempts the City of Marathon from certain local gas tax
28  eligibility criteria upon the effective date of incorporation.

29

30

31

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