Senate Bill 2622e1

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    CS for SB 2622                                 First Engrossed



  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 the City of Marathon to receive

16         infrastructure surtax revenues; providing for

17         severability; providing for a referendum

18         approval; providing effective dates.

19

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

21

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

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

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

25  "the charter."

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

27  and declares that:

28         (1)  The greater Marathon area in Monroe County

29  includes a compact and contiguous community of approximately

30  12,000 residents susceptible to urban services, and

31


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  1  constitutes a community amenable to separate municipal

  2  government.

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

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

  5  form a separate municipality for the Marathon area with all

  6  the powers and authority necessary to provide adequate and

  7  efficient municipal services to its residents.

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

  9  incorporation of the Marathon area shall serve to preserve and

10  protect the distinctive characteristics of the individual

11  communities within the boundaries of the City of Marathon.

12         Section 3.  Incorporation of municipality; corporate

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

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

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

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

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

18  in section 10.

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

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

21  municipality under the State Constitution and laws of the

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

23  powers were specifically enumerated in this charter, unless

24  otherwise prohibited by or contrary to the provisions of this

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

26  proprietary powers necessary to enable it to conduct municipal

27  government, perform municipal functions, and render municipal

28  services, and may exercise any power for municipal services

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

30  shall be liberally construed in favor of the city.

31         Section 5.  City council.--


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  1         (1)  CITY COUNCIL; COMPOSITION; QUALIFICATIONS OF

  2  COUNCIL MEMBERS.--

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

  4  consisting of council members each elected from and

  5  representing the city at large.

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

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

  8  Candidates must qualify for council elections by seat, and

  9  council members elected to those seats shall hold Seats 1

10  through 5, respectively.

11         (c)  To qualify for office:

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

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

14  of the city.

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

16  council seat shall reside within the boundaries of the city

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

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

19  referendum approving the creating of the city, candidates for

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

21  9. Thereafter, candidates shall qualify as provided in

22  paragraph (3) of section 8.

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

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

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

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

27  member shall serve more than three consecutive terms of

28  office.

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

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

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


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

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

  3  legislative powers and duties as any other council member,

  4  except as provided in paragraph (b).

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

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

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

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

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

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

11  administrative duties other than those necessary to accomplish

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

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

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

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

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

17  council members shall select a council member to serve as

18  acting mayor.

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

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

21  reimbursement in accordance with Florida Statutes for

22  authorized travel and per diem expenses incurred in the

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

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

25  compensation by ordinance. However, no such ordinance

26  establishing compensation shall take effect until the date of

27  commencement of the terms of council members selected at the

28  next regular election which follows the adoption of said

29  ordinance.

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

31  otherwise prescribed herein or provided by law, legislative


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

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

  3  for the performance of all duties and obligations imposed on

  4  the city by law.

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

  6  FILLING OF VACANCIES.--

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

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

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

10  other public office which creates dual office holding,

11  judicially determined incompetency, or forfeiture of office as

12  described in paragraph (b).

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

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

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

16  she:

17         1.  Lacks at any time, or fails to maintain during his

18  or her term of office, any qualification for the office

19  prescribed by this charter or otherwise required by law;

20         2.  Is convicted of a felony, or enters a plea of

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

22  even if adjudication is withheld;

23         3.  Is convicted of a first degree misdemeanor arising

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

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

26  adjudication of guilt has been withheld;

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

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

29  has been suspended from office by the Governor, unless

30  subsequently reinstated as provided by law; or

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  1         5.  Is absent from three consecutive regular council

  2  meetings without justifiable reason, or for any other reason

  3  established in this charter.

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

  5  suspended from office upon return of an indictment or issuance

  6  of any information charging the council member with any crime

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

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

  9  degree misdemeanor. Pursuant thereto:

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

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

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

13         2.  If the council member is subsequently found not

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

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

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

17  lifted and the council member shall be entitled to receive

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

19  she would have been entitled to had the suspension not

20  occurred.

21         (d)  Filling of vacancies.--

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

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

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

25  or her office.

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

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

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

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

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

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


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    CS for SB 2622                                 First Engrossed



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

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

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

  4  next regularly scheduled city election.

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

  6  council shall be required to meet the qualifications of the

  7  seat to which he or she is appointed.

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

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

10  prescribe by resolution. Such meetings shall be public

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

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

13  applicable to public meetings. Pursuant thereto:

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

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

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

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

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

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

20  the public.

21         (b)  Elected or reelected council members shall be

22  inducted into office at the first regularly scheduled meeting

23  following certification of their election.

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

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

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

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

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

29  motion.

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

31  indexed book kept for the purpose, provide for the


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  1  authentication and recording in full of all minutes of

  2  meetings, and all ordinances and resolutions adopted by the

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

  4  The council shall further maintain a current codification of

  5  all ordinances. Such codification shall be printed and shall

  6  be made available for distribution to the public on a

  7  continuing basis. All ordinances or resolutions of the council

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

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

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

11  attested to by the city clerk.

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

13  standard code of technical regulations by reference thereto in

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

15  ordinance or later amendatory ordinance. The procedures and

16  requirements governing such an adoption ordinance shall be

17  prescribed for ordinances generally, except that:

18         (a)  Requirements regarding distributing and filing of

19  copies of the ordinance shall not be construed to require

20  distribution and filing of copies of the adopted code of

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

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

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

24  authenticated and recorded by the city clerk.

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

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

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

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

29  leaving office.

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

31  purposes of inquiry and information, the council and its


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  1  members, including committees thereof, are expressly

  2  prohibited from interfering with the performance of the duties

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

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

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

  6  112.51, Florida Statutes, and shall be punishable as provided

  7  in s. 112.317, Florida Statutes.

  8         Section 6.  Budget and appropriations.--

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

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

11  September 30 of the succeeding year.

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

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

14  following a minimum of two public hearings on the proposed

15  budget. A resolution adopting the annual budget shall

16  constitute appropriation of the amounts specified therein as

17  expenditures from funds indicated.

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

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

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

21  budget are available for appropriation, the council by

22  resolution may make supplemental appropriations for the year

23  in an amount not to exceed such excess.

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

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

26  manager that the revenues available will be insufficient to

27  meet the amount appropriated, the city manager shall report

28  same to the council without delay, indicating the estimated

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

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

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


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

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

  3  appropriations accordingly.

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

  5  debt service may be reduced or transferred, and no

  6  appropriation may be reduced below any amount required by law

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

  8  thereof. Other provisions of law to the contrary

  9  notwithstanding, the supplemental and emergency appropriations

10  and reduction or transfer of appropriations authorized by this

11  section may be made effective immediately upon adoption.

12         Section 7.  Charter officers.--

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

14  attorney are redesignated as charter officers, except that the

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

16  or law firm.

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

18  VACANCIES.--

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

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

21  pleasure of the council.

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

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

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

25  removal.

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

27  fixed by the city council.

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

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

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

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  1  appointed by the council during a vacancy in such charter

  2  office.

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

  4  city council while holding his or her charter officer

  5  position.

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

  7  administrative officer of the city.

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

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

10  ability as it pertains to running municipal government.

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

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

13  direct and supervise the administration of all departments,

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

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

16  by law.

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

18  city or appointive administrative officer provided for by or

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

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

21  personnel rules adopted pursuant to the charter. The city

22  manager may authorize any administrative officer who is

23  subject to his or her direction and supervision to exercise

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

25  department, office, or agency.

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

27  and acts of the council are faithfully executed.

28         4.  Prepare and submit the annual budget and capital

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

30         5.  Attend meetings of the city council.

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  1         6.  Draw and sign vouchers upon depositories as

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

  3  accurate account of same.

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

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

  6  moneys in the proper depositories on the first banking day

  7  after receipt. The city manager may delegate the

  8  responsibilities of this subparagraph to an appropriate city

  9  employee who shall be bonded.

10         8.  Provide administrative services in support of the

11  office duties of the mayor and the council.

12         9.  Keep the council advised as to the financial

13  condition and future needs of the city and make

14  recommendations to the council concerning the affairs of the

15  city.

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

17  public, a complete report on finances and administrative

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

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

20  authorized by ordinance.

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

22  charter or as may be required by the council.

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

24  chief legal officer of the city.

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

26  member of The Florida Bar in good standing.

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

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

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

30  offices, and agencies.

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

  2  approved by the city council.

  3         3.  Shall attend city council meetings unless excused

  4  by the city council, and shall perform such professional

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

  6  furtherance of the law.

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

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

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

10  in accordance with uniform city procedures.

11         Section 8.  Elections.--

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

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

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

15  of the city.

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

17  council members shall be conducted on a nonpartisan basis

18  without any designation of political party affiliation.

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

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

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

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

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

24  held.

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

26  regular city election shall be the second Tuesday in February

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

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

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

30  runoff election shall be held on the fourth Tuesday in

31  February.


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  1         (5)  SCHEDULE FOR OTHER ELECTIONS.--

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

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

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

  5  same manner as regular elections, except that the city

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

  7  elections.

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

  9  candidate qualifies for an office, said candidate shall be

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

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

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

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

14  the two candidates for the office receiving the highest vote

15  in the general election shall run again in the runoff

16  election, provided that:

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

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

19  candidates shall be placed on the runoff election ballot.

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

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

22  each candidate tying for second shall be placed upon the

23  runoff election ballot. The candidate receiving the highest

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

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

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

27  lot.

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

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

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

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


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

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

  3  chairperson and shall proceed to publicly canvass the vote as

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

  5  clerk, and then shall publicly canvass the absentee elector

  6  ballots. The canvassing board shall prepare and sign a

  7  certificate containing the total number of votes cast for each

  8  candidate or other measure voted upon. The certificate shall

  9  be placed on file with the city clerk.

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

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

12  city following the procedures for recall established by

13  general law.

14         (9)  INITIATIVE AND REFERENDUM.--

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

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

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

18  the city council fails to adopt an ordinance so proposed

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

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

21  the annual budget or capital program or any ordinance

22  appropriating money, levying taxes, or setting salaries of

23  city officers or employees.

24         2.  Referendum.--

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

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

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

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

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

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

31


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

  2  four members of the council.

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

  4  require reconsideration by the city council of any adopted

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

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

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

  8  annual budget or capital program or any ordinance

  9  appropriating money, levying taxes, or setting salaries of

10  city officers or employees.

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

12  commence initiative or referendum proceedings by filing with

13  the city clerk an affidavit stating that they shall constitute

14  the petitioner's committee and be responsible for circulating

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

16  and addresses and specifying the address to which all notices

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

18  proposed initiative ordinance or citing the ordinance sought

19  to be reconsidered. Promptly after the affidavit of the

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

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

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

23         (c)  Petitions.--

24         1.  Initiative and referendum petitions must be signed

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

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

27  regular city election.

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

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

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

31  person signing. Petitions shall contain or have attached


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    CS for SB 2622                                 First Engrossed



  1  thereto throughout their circulation the full test of the

  2  ordinance proposed or sought to be reconsidered.

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

  4  when filed, an affidavit executed by the circulator thereof

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

  6  number of signatures thereon, that all signatures were affixed

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

  8  genuine signatures of the persons whose names they purport to

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

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

11  reconsidered.

12         4.  Except as otherwise provided in sub-subparagraph

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

14  within 60 days after the date on which proceedings with

15  respect to such initiative or referendum are commenced, and

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

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

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

19  said initiative or referendum petition.

20         (d)  Procedure for filing.--

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

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

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

24  insufficient, the particulars wherein it is defective, and

25  shall promptly send a copy of the certificate to the

26  petitioner's committee by registered mail. Grounds for

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

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

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

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

31  amend it with the designated official within 2 business days


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    CS for SB 2622                                 First Engrossed



  1  after receiving the copy of the certificate and files a

  2  supplementary petition upon additional papers within 10 days

  3  after receiving the copy of such certificate. Such

  4  supplementary petition shall comply with original petition

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

  6  clerk shall complete a certificate as to the sufficiency of

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

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

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

10  or if a petition or amended petition is certified insufficient

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

12  request the city council review under subparagraph 2. within

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

14  certificate to the city council and such certificate shall

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

16  petition.

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

18  certified insufficient and the petitioner's committee does not

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

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

21  business days after receiving the copy of such certificate,

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

23  city council shall review the certificate at its next meeting

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

25  approve or disapprove it, and determination shall then be

26  final as to the sufficiency of the petition.

27         (e)  Action on petitions.--

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

29  referendum petition has been determined sufficient, the city

30  council shall promptly consider the proposed initiative

31  ordinance, or reconsider the referendum ordinance by voting


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    CS for SB 2622                                 First Engrossed



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

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

  3  fails to adopt a proposed initiative ordinance without any

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

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

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

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

  8  determined to be sufficient, it shall submit the proposed

  9  initiative or referendum ordinance to the electors of the

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

11  initiative ordinance or a referendum ordinance within the time

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

13  failed to adopt the proposed initiative ordinance, or failed

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

15  city council was authorized to act on such matter.

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

17  proposed initiative or referendum ordinance shall be held not

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

19  council acted or was deemed to have acted pursuant to

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

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

22  described in this paragraph, the city council shall provide

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

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

25  date within the described period. Copies of the proposed

26  initiative or referendum ordinance shall be made available at

27  the polls.

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

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

30  15th day preceding the day scheduled for a vote of the city by

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


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    CS for SB 2622                                 First Engrossed



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

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

  3  force or effect and all proceedings thereon shall be

  4  terminated.

  5         (f)  Results of election.--

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

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

  8  considered adopted upon certification of the election results.

  9  If conflicting ordinances are approved at the same election,

10  the one receiving the greatest number of affirmative votes

11  shall prevail to the extent of such conflict.

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

13  referendum ordinance vote against it, it shall be considered

14  repealed upon certification of the election results.

15         Section 9.  Transition schedule.--

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

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

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

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

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

21  this question is answered affirmatively by a majority of

22  voters voting in the referendum, the provisions of this

23  charter shall take effect as provided in section 13.

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

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

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

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

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

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

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

31  held on February 22, 2000.


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    CS for SB 2622                                 First Engrossed



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

  2  1999, and noon on January 11, 2000, any individual who wishes

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

  4  qualify as a candidate with the Monroe County Supervisor of

  5  Elections in accordance with the provisions of this charter

  6  and general law.

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

  8  initial election, the Monroe County Commission shall appoint a

  9  canvassing board which shall certify the results of the

10  election.

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

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

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

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

15  Library.

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

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

18  those three council candidates receiving the highest number of

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

20  remaining elected candidates, the initial term of office shall

21  be 1 year.

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

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

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

25  city is hereby created and established effective November 30,

26  1999. Notwithstanding anything to the contrary contained

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

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

29  2000.

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

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


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    CS for SB 2622                                 First Engrossed



  1  shall have the power to borrow money necessary for the

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

  3  adopted and revenues are raised in accordance with the

  4  provisions of this charter.

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

  6  council shall adopt ordinances and resolutions required to

  7  effect the transition. Ordinances adopted within 60 days after

  8  the first council meeting may be passed as emergency

  9  ordinances. These transitional ordinances, passed as emergency

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

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

12  otherwise continued only in the manner normally prescribed for

13  ordinances.

14         (6)  TRANSITIONAL COMPREHENSIVE PLAN AND LAND

15  DEVELOPMENT REGULATIONS.--

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

17  plan, the applicable provisions of the Comprehensive Plan of

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

19  commences corporate existence, shall remain in effect as the

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

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

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

23  planning agency until and unless the council establishes a

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

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

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

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

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

29  residential density or intensity, as established in the

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

31


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    CS for SB 2622                                 First Engrossed



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

  2  of not less than four members of the council.

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

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

  5  Commission of Monroe County, as set forth in these

  6  transitional zoning and land use regulations, shall be vested

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

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

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

10  corporate existence, no amendment of the comprehensive plan or

11  land development regulations enacted by the Monroe County

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

13  transitional comprehensive plan or land development

14  regulations or otherwise take effect within the city's

15  corporate limits unless approved by the city council.

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

17  be entitled to participate in all shared revenue programs of

18  the State of Florida effective immediately on the date of

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

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

21  receive revenue sharing funds from the date of incorporation

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

23  Florida Statutes, is waived through the state Fiscal Year

24  2001-2002, and the apportionment factors for the

25  municipalities and counties shall be recalculated pursuant to

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

27  calculating eligibility for shared revenues shall be

28  determined by the University of Florida Bureau of Economic and

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

30  appropriate population estimate, the Monroe County Planning

31  Division estimate shall be utilized.


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    CS for SB 2622                                 First Engrossed



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

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

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

  4  gas tax revenues beginning on April 1, 2000.

  5         Section 10.  Land description.--The corporate

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

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

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

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

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

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

12  Long Point Key; Deer Key; Little Deer Key; Little Crawl Key;

13  Grassy Key; the unincorporated areas of Monroe County commonly

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

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

16  Overseas Highway and roadways connecting thereto; and all

17  adjacent islands not connected by roadways within the

18  boundaries of Monroe County between Mile Marker 47 and Mile

19  Marker 60, specifically excluding all areas within the

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

21  being within the boundaries of Monroe County, Florida.

22         Section 11.  General provisions.--

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

24  in accordance with the provisions for charter amendments as

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

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

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

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

29  petition to amend shall be established by ordinance.

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

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


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    CS for SB 2622                                 First Engrossed



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

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

  3  from the effective date of incorporation, establish by

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

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

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

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

  8  stringent standards than those provided under general law.

  9         (3)  INFRASTRUCTURE SURTAX REVENUES.--The City of

10  Marathon shall be entitled to receive infrastructure surtax

11  revenues beginning on April 1, 2000.

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

13  application thereof to any person or circumstance, is held

14  invalid, the invalidity shall not affect other provisions or

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

16  invalid provision or application, and to this end the

17  provisions of this act are declared severable.

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

19  approval by a majority vote of those qualified electors

20  residing within the proposed corporate limits of the proposed

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

22  referendum election to be called by the Monroe County

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

24  with the provisions of law relating to elections currently in

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

26  law.

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