Senate Bill 2640c1

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    Florida Senate - 1999                           CS for SB 2640

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




    316-2027-99

  1                      A bill to be entitled

  2         An act relating to Monroe County; creating the

  3         Village of Key Largo; providing legislative

  4         findings and intent; providing municipal

  5         boundaries and municipal powers; providing a

  6         council-manager form of government; providing

  7         for election of a village council; providing

  8         for membership, qualifications, terms, powers,

  9         and duties of its members, including the mayor;

10         providing for a vice mayor; providing for

11         compensation and expenses; providing general

12         powers and duties; providing circumstances

13         resulting in vacancy in office; providing

14         grounds for forfeiture and suspension;

15         providing for filling of vacancies; providing

16         for meetings; providing for keeping of records;

17         providing for adoption, distribution, and

18         recording of technical codes; providing a

19         limitation upon employment of council members;

20         providing that certain interference with

21         village employees shall constitute malfeasance

22         in office; establishing the fiscal year;

23         providing for adoption of annual budget and

24         appropriation; providing amendments for

25         supplemental, reduction, and transfer of

26         appropriations; providing limitations;

27         providing for appointment of charter officers,

28         including a village manager and village

29         attorney; providing for removal, compensation,

30         and filling of vacancies; providing

31         qualifications, powers, and duties; providing

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  1         for nonpartisan elections and for matters

  2         relative thereto; providing for recall;

  3         providing for initiatives and referenda;

  4         providing the village a transitional schedule

  5         and procedures for first election; providing

  6         for first-year expenses; providing for adoption

  7         of transitional ordinances, resolutions,

  8         comprehensive plan, and local development

  9         regulations; providing for accelerated

10         entitlement to state-shared revenues; providing

11         for gas tax revenue; providing for a transition

12         agreement between Monroe County and the Village

13         of Key Largo; providing land descriptions of

14         the village; providing for future amendments of

15         the charter; providing for standards of conduct

16         in office; providing for severability;

17         providing for a referendum; providing effective

18         dates.

19

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

21

22         Section 1.  The Legislature finds and declares that the

23  Key Largo area in Monroe County includes a compact and

24  contiguous community of approximately 13,189 residents

25  susceptible to urban services and constitutes a community

26  amenable to separate municipal government and that it is in

27  the best interests of the public health, safety, and welfare

28  of the residents of the Key Largo area to form a separate

29  municipality for the Key Largo area with all the powers and

30  authority necessary to provide adequate and efficient

31  municipal services to its residents.

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  1                            ARTICLE I

  2                   CORPORATE EXISTENCE; FORM OF

  3                  GOVERNMENT; BOUNDARIES; POWERS

  4         Section 1.01  Corporate existence.--Pursuant to the

  5  State Constitution, there is hereby created in Monroe County,

  6  hereafter referred to as the "county," a municipal corporation

  7  known as the Village of Key Largo, hereafter referred to as

  8  the "village." The corporate existence of the village shall

  9  commence upon the adoption of this charter.

10         Section 1.02  Form of government.--The village shall

11  have a council-manager form of government.

12         Section 1.03  Corporate boundaries.--The corporate

13  boundaries of the village are as follows:

14

15  Northern boundary

16

17         A straight line running northwest southeast on

18         the north side of Loquat Dr to the Monroe

19         Miami-Dade County Line ("MMDCL"), where this

20         line intersects with the Monroe Miami-Dade

21         County Line, at Bay Point. Then to follow the

22         MMDCL through the intersecting point of US 1

23         Highway (the Manatee Creek boundary). The

24         adjacent and contiguous property along US 1 and

25         south of Manatee Creek will be within the

26         boundaries of the village. Mainland Monroe

27         County is not in the village boundaries. See

28         Maps for detail.

29

30  Southern boundary

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  1         North side of Dove Ave on the Oceanside of US 1

  2         and the north side of Sunset Gardens Rd on the

  3         bayside of US 1. Located near the Red Cross

  4         Building and Mile Marker 94, on US 1 highway.

  5         See Maps for detail.

  6

  7  East and west boundaries

  8

  9         The east (southeast) boundary shall be bound by

10         the shoreline of the Atlantic Ocean. The west

11         (northwest) boundary shall be bound by the

12         shoreline of Florida Bay.

13

14         Section 1.04  Village powers.--The village shall be a

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

16  municipality under the State Constitution and laws of Florida,

17  as fully and completely as though such powers were

18  specifically enumerated in this charter, unless otherwise

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

20  The village shall have all governmental, corporate, and

21  proprietary powers necessary to enable it to conduct municipal

22  government, perform municipal functions, and render municipal

23  services, and may exercise any power for municipal services

24  unless expressly prohibited by law. Through the adoption of

25  this charter, it is the intent of the electors of the village

26  that the municipal government established herein have the

27  broadest exercise of home rule powers permitted under the

28  State Constitution and laws of the state.

29                            ARTICLE II

30                     CITIZENS' BILL OF RIGHTS

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  1         Section 2.01  Purpose and rights.--This government has

  2  been created to protect the governed, not the governing. In

  3  order to provide the public with full and accurate

  4  information, to promote efficient administration management,

  5  to make government more accountable, and to ensure to all

  6  persons fair and equitable treatment, the following rights are

  7  guaranteed:

  8         (1)  Convenient access.--Every person has the right to

  9  transact village business with a minimum of personal

10  inconvenience. It is the duty of the mayor, the village

11  council, and the village manager to provide, within budget

12  limitations, reasonably convenient times and places for

13  registration and voting, for required inspections, and for

14  transacting business with the village.

15         (2)  Truth in government.--No municipal official or

16  employee shall knowingly furnish false information on any

17  public matter, or knowingly omit significant facts when giving

18  requested information to members of the public.

19         (3)  Public records.--All audits, reports, minutes,

20  documents, and other public records of the village and its

21  boards, agencies, departments, and authorities shall be open

22  for inspection at reasonable times and places convenient to

23  the public.

24         (4)  Minutes and ordinance register.--The village clerk

25  shall maintain and make available for public inspection an

26  ordinance register separate from the minutes showing the votes

27  of each member on all ordinances and resolutions listed by

28  descriptive title. Written minutes of all meetings and the

29  ordinance register shall be available for public inspection

30  not later than 30 days after the conclusion of the meeting.

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  1         (5)  Right to be heard.--Insofar as the orderly conduct

  2  of public business permits, any interested person has the

  3  right to appear before the village council or any village

  4  agency, board, or department for the presentation, adjustment,

  5  or determination of an issue, request, or controversy within

  6  the jurisdiction of the village. Matters shall be scheduled

  7  for the convenience of the public. The village council shall

  8  adopt agenda procedure and schedule hearings in a manner that

  9  will enhance the opportunity for public participation. Nothing

10  herein shall prohibit any governmental entity or agency from

11  imposing reasonable time limits and procedures for the

12  presentation of a matter.

13         (6)  Right to notice.--Persons entitled to notice of a

14  village hearing shall be timely informed as to the time,

15  place, and nature of the hearing and the legal authority

16  pursuant to which the hearing is to be held. Failure by an

17  individual to receive such notice shall not constitute

18  mandatory grounds for canceling the hearing or rendering

19  invalid any determination made at such hearing. Copies of

20  proposed ordinances or resolutions shall be made available at

21  a reasonable time prior to the hearing, unless the matter

22  involves an emergency ordinance or resolution.

23         (7)  No unreasonable postponements.--No matter, once

24  having been placed on a formal agenda by the village, shall be

25  postponed to another day except for good cause shown in the

26  opinion of the mayor, village council, board, or agency

27  conducting such meeting, and then only on condition that the

28  affected person shall, upon written request, receive mailed

29  notice of the new date of any postponed meeting. Failure by an

30  individual to receive such notice shall not constitute

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  1  mandatory grounds for canceling the hearing or rendering

  2  invalid any determination made at such hearing.

  3         (8)  Right to public hearing.--Upon a timely written

  4  request from any interested party, and after presentation of

  5  the facts to and approval by the council, a public hearing

  6  shall be held by any village agency, board, department, or

  7  authority upon any significant policy decision to be issued by

  8  it which is not subject to subsequent administrative or

  9  legislative review and hearing. This provision shall not apply

10  to the law department of the village or to any body whose

11  duties and responsibilities are solely advisory. At any zoning

12  or other hearing in which review is exclusively by certiorari,

13  a party or his or her counsel shall be entitled to present his

14  or her case or defense by oral or documentary evidence, to

15  submit rebuttal evidence, and to conduct such

16  cross-examination as may be required for a full and true

17  disclosure of the facts. The decision of such agency, board,

18  department, or authority must be based upon the facts in the

19  record. Procedural rules establishing reasonable time and

20  other limitations may be promulgated and amended from time to

21  time.

22         (9)  Notice of action and reasons.--Prompt notice shall

23  be given of the denial in whole or in part of a request of an

24  interested person made in connection with any village

25  administrative decision or proceeding when the decision is

26  reserved at the conclusion of the hearing. The notice shall be

27  accompanied by a statement of the grounds for denial.

28         (10)  Manager's and attorney's reports.--The village

29  manager and the village attorney shall periodically make a

30  public status report on all major matters pending or concluded

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  1  within the manager's or attorney's respective areas of

  2  concern.

  3         (11)  Budgeting.--In addition to any budget required by

  4  state statute, the village manager at the direction of the

  5  mayor shall prepare a budget showing the cost of each

  6  department for each budget year. Prior to the village

  7  council's first public hearing on the proposed budget as

  8  required by state law, the village manager shall make public a

  9  budget summary setting forth the proposed cost of each

10  individual department and reflecting the personnel for each

11  department, the purposes therefor, the estimated millage cost

12  of each department, and the amount of any contingency and

13  carryover funds for each department.

14         (12)  Quarterly budget comparisons.--The village

15  manager shall make public a quarterly report showing the

16  actual expenditures during the quarter just ended against

17  one-quarter of the proposed annual expenditures set forth in

18  the budget. Such report shall also reflect the same cumulative

19  information for any portion of the fiscal year that has

20  elapsed.

21         (13)  Representation of public.--The mayor shall

22  endeavor to designate one or more individuals to represent the

23  village at all proceedings before county, state, and federal

24  regulatory bodies which significantly affect the village and

25  its residents.

26         Section 2.02  Enumeration of citizens' rights.--The

27  citizens' rights enumerated in section 2.01 vest large and

28  pervasive powers in the citizenry of the Village of Key Largo.

29  Such power necessarily carries with it responsibility of equal

30  magnitude for the successful operation of government in the

31  village. The orderly, efficient, and fair operation of

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  1  government requires the intelligent participation of

  2  individual citizens exercising their rights with dignity and

  3  restraint so as to avoid any sweeping acceleration in the cost

  4  of government because of the exercise of individual

  5  prerogatives, and further requires that individual citizens

  6  grant respect for the dignity of public office.

  7         Section 2.03  Remedies for violations.--In any suit by

  8  a citizen alleging a violation of this bill of rights filed in

  9  a state court of competent jurisdiction, the plaintiff, if

10  successful, shall be entitled to recover costs as fixed by the

11  court. Any public official or employee who is found by the

12  court to have willfully violated this bill of rights shall

13  forthwith forfeit his or her office or employment.

14         Section 2.04  Construction.--All provisions of this

15  bill of rights shall be construed to be supplementary to and

16  not in conflict with the general laws of Florida. If any part

17  of this bill of rights is declared invalid, it shall not

18  affect the validity of the remaining provisions.

19                           ARTICLE III

20                      VILLAGE COUNCIL; MAYOR

21         Section 3.01  Council structure.--There shall be a

22  five-member village council consisting of council members,

23  hereafter referred to as "councilors," each elected from and

24  representing the village at large. There shall be five

25  separate council seats to be designated as Seat 1, Seat 2,

26  Seat 3, Seat 4, and Seat 5. Candidates must qualify for

27  council elections by seat, and the council members elected to

28  those seats shall hold Seats 1 through 5, respectively. At the

29  time of qualification, each candidate for a council seat shall

30  reside within the boundaries of the village and, if elected,

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  1  shall maintain such residency throughout his or her term of

  2  office.

  3         Section 3.02  Term of office.--The term of office for

  4  council members shall be 2 years. Each council member shall

  5  remain in office until a successor is elected and assumes the

  6  duties of the position, except as otherwise provided herein.

  7         Section 3.03  Mayor.--

  8         (1)  The village council, at the first meeting after

  9  the election of council members and the swearing into office

10  of said council members, shall elect, by recorded vote, a

11  mayor and a vice mayor from council members. The mayor and

12  vice mayor shall be elected on an annual term thereafter.

13         (2)  The mayor shall preside at meetings of the

14  council, shall be a voting member of the council, and may

15  create and appoint subcommittees of the council. The mayor

16  shall be recognized as head of village government for all

17  ceremonial purposes and purposes of military law, for service

18  of process, and for execution of duly authorized contracts,

19  deeds, and other documents, and as the village official

20  designated to represent the village in all dealings with other

21  governmental entities. The mayor shall annually present a

22  state-of-the-village message.

23         Section 3.04  Vice mayor.--The vice mayor shall serve

24  as acting mayor during the absence or disability of the mayor

25  and shall have all the powers, authority, duties, and

26  responsibilities of the mayor during such absence or

27  disability. In the absence of the mayor and the vice mayor,

28  the remaining council members shall select a council member to

29  serve as acting mayor.

30         Section 3.05  General powers and duties of the

31  council.--Except as otherwise prescribed herein or provided by

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  1  law, legislative and police powers of the village shall be

  2  vested in the council. The council shall provide for the

  3  exercise of its powers and for the performance of all duties

  4  and obligations imposed on the village by law.

  5         Section 3.06  Vacancies.--A vacancy in the office of a

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

  7  removal from office as authorized by law, resignation,

  8  appointment to other public office which creates dual office

  9  holding, judicially determined incompetence, or forfeiture of

10  office as described in herein.

11         Section 3.07  Forfeiture of office.--A council member

12  shall forfeit his or her office upon determination by the

13  council, acting as a body, at a duly noticed public meeting

14  that he or 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; or

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.

29         (a)  During the period of suspension, the council

30  member shall not perform any official act, duty, or function,

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  1  or receive any pay, allowance, emolument, or privilege of

  2  office.

  3         (b)  If the council member is subsequently found not

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

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

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

  7  lifted and the council member shall be entitled to receive

  8  full back pay and such other emoluments or allowances to which

  9  he or she would have been entitled had the suspension not

10  occurred.

11         Section 3.08  Filling of vacancies.--

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

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

14  as provided herein and assumes all the duties of the mayor's

15  office.

16         (2)  If a vacancy occurs in the office of any council

17  member and the remainder of the unexpired term is less than 1

18  year, the remaining council members shall, within 30 days

19  following the occurrence of such vacancy, appoint a person to

20  fill the vacancy for the remainder of the unexpired term. If,

21  however, the remainder of the unexpired term exceeds 1 year

22  and 1 day, the remaining council members shall, within 30 days

23  following the occurrence of such vacancy, call for an

24  election.

25         (3)  Any person appointed to fill a vacant seat on the

26  council shall be required to meet the qualifications of the

27  seat to which he or she is appointed.

28         Section 3.09  Council meetings.--

29         (1)  The council shall conduct regular meetings at such

30  times and places as the council shall prescribe by resolution.

31  Such meetings shall be public meetings within the meaning of

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  1  section 286.011, Florida Statutes, and shall be subject to

  2  notice and other requirements of law applicable to public

  3  meetings.

  4         (2)  Elected or reelected council members shall be

  5  inducted into office at the first regularly scheduled meeting

  6  following certification of their election.

  7         (3)  A majority of the council shall constitute a

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

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

10  in attendance, unless otherwise provided by law.

11         (4)  All actions of the village council shall be by

12  ordinance, resolution, or motion.

13         Section 3.10  Compensation for councilors.--Councilors

14  shall receive compensation in the amount of $3,600 per fiscal

15  year. The councilors shall also receive reimbursement in

16  accordance with applicable law, or as may be otherwise

17  provided by ordinance, for authorized travel and per diem

18  expenses incurred in the performance of their official duties.

19         Section 3.11  Prohibitions.--

20         (1)  Appointments and removals;

21  noninterference.--Except for the purposes of inquiry and

22  information, the council and its members, including committees

23  thereof, are expressly prohibited from interfering with the

24  performance of the duties of any employee of the city

25  government who is under the direct or indirect supervision of

26  the city manager; nor shall the council or any of its members

27  in any manner dictate the appointment or removal of any

28  village administrative officer or employee whom the manager or

29  any of his or her subordinates are empowered to appoint. Such

30  action shall be malfeasance within the meaning of section

31  112.51, Florida Statutes, and shall be punishable as provided

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  1  in section 112.317, Florida Statutes. However, the council may

  2  express its views and fully and freely discuss with the

  3  manager anything pertaining to appointment and removal of such

  4  officer or employee.

  5         (2)  Interference with administration.--Except for the

  6  purpose of inquiries and investigations made in good faith,

  7  the council or its members shall deal with village officers

  8  and employees who are subject to the direction and supervision

  9  of the manager solely through the manager, and neither the

10  council nor its members shall give orders to any such officer

11  or employee, either publicly or privately. It is the express

12  intent of this charter that recommendations for improvement in

13  village government operations by individual councilors be made

14  solely to and through the manager. Councilors may discuss with

15  the manager any matter of village business; however, no

16  individual councilor shall give orders to the manager.

17         (3)  Holding other office.--No elected village official

18  shall hold any appointive village office or employment while

19  in office. No former elected village official shall hold any

20  compensated, appointive village office or employment until 1

21  year after the expiration of his or her term, or until 1 year

22  after ceasing to be a village official.

23                            ARTICLE IV

24                      ADMINISTRATIVE DUTIES

25         Section 4.01  Authentication.--The mayor or the clerk

26  shall authenticate by his or her signature all ordinances and

27  resolutions adopted by the council. In addition, when charter

28  amendments have been approved by the electors, the mayor and

29  the clerk shall authenticate by their signatures the charter

30  amendment, such authentication to reflect the approval of the

31  charter amendment by the electorate.

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  1         Section 4.02  Recording.--The clerk shall keep properly

  2  indexed books in which shall be recorded, in full, all

  3  ordinances and resolutions enacted or passed by the council.

  4  Ordinances shall, at the direction of the council, be

  5  periodically codified. The clerk shall also maintain the

  6  village charter in current form as to all amendments.

  7         Section 4.03  Printing.--The council shall, by

  8  ordinance, establish procedures for making all resolutions,

  9  ordinances, technical codes adopted by reference, and this

10  charter available for public inspection and for purchase at a

11  reasonable price.

12                            ARTICLE V

13                  VILLAGE MANAGER; APPOINTMENT;

14             REMOVAL; COMPENSATION; POWERS AND DUTIES

15         Section 5.01  Appointment.--There shall be a village

16  manager, hereafter referred to as the "manager," who shall be

17  the chief administrative officer of the village. The manager

18  shall be responsible to the council for the administration of

19  all village affairs. The council shall appoint the manager for

20  an indefinite term.

21         Section 5.02  Removal.--The council may remove the

22  manager at any time, as provided for herein, or as per

23  contract.

24         Section 5.03  Compensation.--The compensation and

25  benefits of the manager shall be fixed by the council.

26         Section 5.04  Powers and duties.--The village manager

27  shall:

28         (1)  Be responsible for the hiring, supervision, and

29  removal of all village employees.

30

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  1         (2)  Direct and supervise the administration of all

  2  departments and offices, but not village boards or agencies,

  3  unless so directed by the council from time to time.

  4         (3)  Attend all council meetings and have the right to

  5  take part in discussion, but not the right to vote.

  6         (4)  Ensure that all laws, provisions of this charter,

  7  and acts of the council, subject to enforcement and

  8  administration by him or her or by officers subject to his or

  9  her direction and supervision, are faithfully executed.

10         (5)  Prepare and submit to the council a proposed

11  annual budget and capital program.

12         (6)  Submit to the council and make available to the

13  public an annual report on the finances and administrative

14  activities of the village as of the end of each fiscal year.

15         (7)  Prepare such other reports as the council may

16  require concerning the operations of village departments,

17  offices, boards, and agencies.

18         (8)  Keep the council fully advised as to the financial

19  condition and future needs of the village and make such

20  recommendations to the council concerning the affairs of the

21  village as he or she deems to be in the best interests of the

22  village.

23         (9)  Execute contracts, deeds, and other documents on

24  behalf of the village as authorized by the council.

25         (10)  Perform such other duties as are specified in

26  this charter or as may be required by the council.

27         Section 5.05  Absence or disability of village

28  manager.--The manager may designate, by letter filed with the

29  village clerk, a qualified administrative officer of the

30  village to perform his or her duties during his or her

31  temporary absence or disability. In the event of failure of

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  1  the manager to make such designation, or should the person so

  2  designated by the village manager be unsatisfactory to the

  3  council, the council may by resolution appoint an officer of

  4  the village to perform the duties of the manager until he or

  5  she returns or his or her disability ceases.

  6         Section 5.06  Bond of village manager.--The village

  7  council may provide by ordinance for the village manager to

  8  furnish a fidelity bond to be approved by the council and in

  9  such amount as the council may fix. The premium of the bond

10  shall be paid by the village.

11         Section 5.07  Village clerk.--The village manager shall

12  appoint a village clerk, referred to as the "clerk." The clerk

13  shall give notice of council meetings to its members and the

14  public, shall keep minutes of its proceedings, and shall

15  perform such other duties as the council or manager may

16  prescribe from time to time. The clerk shall report to the

17  village manager.

18         Section 5.08  Removal procedures.--The village manager,

19  as a council appointee, may be suspended with pay pending

20  removal by a resolution approved by the majority of the total

21  membership of the village council which shall set forth the

22  reasons for suspension and proposed removal. A copy of such

23  resolution shall be served immediately upon the village

24  manager. The village manager shall have 15 days in which to

25  reply thereto in writing and, upon request, shall be afforded

26  a public hearing, which shall occur not earlier than 10 days

27  or later than 15 days after such hearing is requested. After

28  the public hearing, if one is requested, and after full

29  consideration, the village council by a majority vote of its

30  total membership may adopt a final resolution of removal. The

31

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  1  village manager shall continue to receive full compensation

  2  until the effective date of a final resolution of removal.

  3         Section 5.09  Village attorney.--The council may from

  4  time to time appoint an individual attorney or a law firm to

  5  act as the village attorney under such terms, conditions, and

  6  compensation as are consistent with this charter and as may be

  7  established by the council from time to time. The village

  8  attorney shall report to the council. The village attorney may

  9  be removed by the council at any time.

10                            ARTICLE VI

11                       FINANCIAL PROCEDURES

12         Section 6.01  Tax levy and assessments.--The village

13  shall have the right to levy, assess, and collect all such

14  taxes and assessments as are permitted by law, including,

15  without limitation, ad valorem, excise, franchise, or

16  privilege taxes and taxes on services and utilities.

17         Section 6.02  Borrowing.--The village shall incur no

18  debt unless approved by four councilors and provided the

19  council has first received and reviewed a feasibility study

20  from the manager and chief financial officer of the village

21  concluding that sufficient revenues are available to repay the

22  indebtedness and that the funds are being borrowed for a valid

23  public purpose and subject to part II of chapter 166, Florida

24  Statutes.

25         Section 6.03  Fiscal year.--The village shall have a

26  fiscal year which shall begin on October 1 of each year and

27  end on September 30 of the succeeding year.

28         Section 6.04  Balanced budget.--Each annual budget

29  adopted by the council shall be a balanced budget.

30         (1)  Budget adoption.--The council shall by ordinance

31  adopt the annual budget on or before the last day of September

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  1  of each year. If the council fails to adopt the annual budget

  2  by this date, the council may by resolution direct that the

  3  amounts appropriated for current operations for the

  4  then-ending fiscal year be deemed appropriate for the ensuing

  5  fiscal year for a period of 15 days, renewable by resolution

  6  every 15 days, with all items in it prorated accordingly,

  7  until such time as the council adopts an annual budget for the

  8  ensuing fiscal year. An ordinance adopting an annual budget

  9  shall constitute appropriations of the amounts specified

10  therein.

11         (2)  Specific appropriation.--The budget shall be

12  specific as to the nature of each category of appropriations.

13  Reasonable appropriations may be made for contingencies, but

14  only within defined spending categories.

15         Section 6.05  Budget amendments.--

16         (1)  Supplemental appropriations.--If, during the

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

18  budget are available for appropriation, the council by

19  resolution may make supplemental appropriations for the year

20  in an amount not to exceed such excess.

21         (2)  Reduction of appropriations.--If, at any time

22  during the fiscal year, it appears probable to the village

23  manager that the revenues available will be insufficient to

24  meet the amount appropriated, the village manager shall so

25  report to the council without delay, indicating the estimated

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

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

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

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

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

31  appropriations accordingly.

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  1                           ARTICLE VII

  2                            ELECTIONS

  3         Section 7.01  Village electors.--Any person who is a

  4  resident of the village, who has qualified as an elector of

  5  this state, and who registers in the manner prescribed by law

  6  shall be an elector of the village.

  7         Section 7.02  Nonpartisan elections.--All elections for

  8  the village council members shall be conducted on a

  9  nonpartisan basis without any designation of political party

10  affiliation.

11         Section 7.03  Qualifying for office.--Any resident of

12  the village who wishes to become a candidate for a village

13  elective office shall qualify with the village clerk no sooner

14  than noon on the last Tuesday in January or later than noon on

15  the second Tuesday in February of the year in which the

16  election is to be held.

17         Section 7.04  Limitations on lengths of service.--No

18  person shall serve as mayor for more than two consecutive

19  annual terms. No person may serve on the council for more than

20  two consecutive terms.

21         Section 7.05  Election schedule.--The regular village

22  election shall be the second Tuesday in March of each election

23  year. Such village elections shall be general village

24  elections.

25         Section 7.06  Special elections.--Special village

26  elections shall be held in the same manner as regular

27  elections, except that the village council, by ordinance,

28  shall fix the time for holding of such elections.

29         Section 7.07  Determination of election to office.--If

30  only one candidate qualifies for an office, said candidate

31  shall be deemed to be elected. If two or more candidates

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  1  qualify for an office, the names of those candidates shall be

  2  placed on the ballot at the general election. The candidate

  3  receiving the highest number of votes cast for the office in

  4  the runoff election shall be elected to such office. If the

  5  vote at the runoff election results in a tie, the outcome

  6  shall be determined by lot.

  7         Section 7.08  Village canvassing board.--The village

  8  canvassing board shall be composed of those members of the

  9  village council who are not candidates for reelection and the

10  village clerk, who shall act as chairperson. If all council

11  members are seeking reelection, the village council shall

12  appoint three village electors, who with the village clerk

13  shall constitute the canvassing board. At the close of the

14  polls of any village election, or as soon thereafter as

15  practicable, the canvassing board shall meet at a time and

16  place designated by the chairperson and shall proceed to

17  publicly canvass the vote as shown by the returns then on file

18  in the office of the village clerk and then shall publicly

19  canvass the absentee elector ballots. The canvassing board

20  shall prepare and sign a certificate containing the total

21  number of votes cast for each candidate or other measure voted

22  upon. The certificate shall be placed on file with the village

23  clerk.

24         Section 7.09  Recall.--Any member of the village

25  council can be removed from office by the electors of the

26  village, following the procedures for recall established by

27  general law.

28         Section 7.10  Commencement of terms.--The term of

29  office of any elected official shall commence following the

30  election for such elected office as provided by ordinance of

31  the village.

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  1                           ARTICLE VIII

  2                    INITIATIVE AND REFERENDUM

  3         Section 8.01  Council initiative.--The village council

  4  shall have the power, by resolution, to call for a referendum

  5  vote by the electors of the village at any time, provided that

  6  the purpose of such referendum is presented to the village at

  7  a public hearing at least 60 days prior to the adoption of

  8  said resolution. Any resolution calling for a referendum vote

  9  of the electors of the village must be passed by the

10  affirmative vote of not less than four members of the council.

11         Section 8.02  Power to initiate and reconsider

12  ordinances.--

13         (1)  Initiative.--The electors of the village shall

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

15  council fails to adopt an ordinance so proposed without any

16  change in substance, to adopt or reject it at a village

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

18  annual budget or capital program or any ordinance

19  appropriating money, levying taxes, or setting salaries of

20  village officers or employees.

21         (2)  Referendum.--The electors of the village shall

22  have power to require reconsideration by the council of any

23  adopted ordinance and, if the council fails to repeal an

24  ordinance so reconsidered, to approve or reject it at a

25  village election, provided that such power shall not extend to

26  the annual budget or capital program or any ordinance

27  appropriating money, levying taxes, or setting salaries of

28  village officers or employees.

29         (3)  Commencement of proceedings.--A minimum of 10

30  electors may commence initiative or referendum proceedings by

31  filing with the clerk or other official designated by the

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  1  council an affidavit stating they will constitute the

  2  petitioners' committee and be responsible for circulating the

  3  petition and filing it in proper form, stating their names and

  4  addresses and specifying the address to which all notices to

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

  6  proposed initiative ordinance or citing the ordinance sought

  7  to be reconsidered. Promptly after the affidavit of the

  8  petitioners' committee is filed, the clerk may, at the

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

10  the petitioners' committee at the committee's expense.

11  Petitioners' proposed ordinance shall be approved as to legal

12  sufficiency by the village attorney prior to circulation.

13         Section 8.03  Petitions.--

14         (1)  Number of signatures.--Initiative and referendum

15  petitions must be signed by electors of the village equal in

16  number to at least 10 percent of the total number of electors

17  registered to vote at the last regular village election.

18         (2)  Form and content.--All papers of a petition shall

19  be assembled as one instrument of filing. Each signature shall

20  be executed in ink and shall be followed by the printed name

21  and address of the person signing. Petitions shall contain or

22  have attached thereto throughout their circulation the full

23  text of the ordinance proposed or sought to be reconsidered.

24         (3)  Affidavit of circulator.--Each paper of a petition

25  shall have attached to it when filed an affidavit executed by

26  the circulator thereof stating that he or she personally

27  circulated the paper, the number of signatures thereon, that

28  all the signatures were affixed in his or her presence, that

29  he or she believes them to be the genuine signatures of the

30  persons whose names they purport to be, and that each signer

31

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  1  had an opportunity before signing to read the full text of the

  2  ordinance proposed or sought to be reconsidered.

  3         (4)  Filing deadline.--All initiative and referendum

  4  petitions must be filed within 60 days after the date on which

  5  proceedings with respect to such initiative or referendum are

  6  commenced.

  7         Section 8.04  Procedure for filing.--

  8         (1)  Certificate of clerk; amendment.--Within 20 days

  9  after an initiative petition is filed or within 5 days after a

10  referendum petition is filed, the clerk shall complete a

11  certificate as to its sufficiency, hereafter referred to as

12  the "certificate." If the petition is insufficient, the

13  certificate shall specify the particulars of the deficiency. A

14  copy of the certificate shall be promptly sent to the

15  petitioners' committee by registered mail. Grounds for

16  insufficiency are only those specified in section 8.03. A

17  petition certified insufficient for lack of the required

18  number of valid signatures may be amended once if the

19  petitioners' committee files a notice of intention to amend it

20  with the clerk or other official designated by the council

21  within 2 business days after receiving the copy of the

22  certificate and files a supplementary petition upon additional

23  papers within 10 days after receiving the copy of the

24  certificate. Such supplementary petition shall comply with the

25  requirements of section 8.03. Within 5 days after a

26  supplementary petition is filed, the clerk or other official

27  designated by the council shall complete a certificate as to

28  the sufficiency of the petition as amended and promptly send a

29  copy of such certificate to the petitioners' committee by

30  registered mail as in the case of an original petition. If a

31  petition or amended petition is certified sufficient, or if a

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  1  petition or amended petition is certified insufficient and the

  2  petitioners' committee does not elect to amend or request

  3  council review under subsection (2) within the time required,

  4  the clerk or other official designated by the council shall

  5  promptly present the certificate to the council and such

  6  certificate shall then be a final determination as to the

  7  sufficiency of the petition.

  8         (2)  Council review.--If a petition has been certified

  9  insufficient and the petitioners' committee does not file

10  notice of intention to amend it or if an amended petition has

11  been certified insufficient, the committee may, within two

12  business days after receiving the copy of such certificate,

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

14  shall review the certificate at its next meeting following the

15  filing of such request and approve or disapprove it, and the

16  council's determination shall then be a final determination as

17  to the sufficiency of the petition.

18         Section 8.05  Action on petitions.--

19         (1)  Action by council.--When an initiative or

20  referendum petition has been finally determined sufficient,

21  the council shall promptly consider the proposed initiative

22  ordinance or reconsider the referred ordinance by voting its

23  repeal, all in the manner provided in this article. If the

24  council fails to adopt a proposed initiative ordinance without

25  any change in substance within 45 days or fails to repeal the

26  referred ordinance within 30 days, it shall submit the

27  proposed or referred ordinance to the electors of the village.

28  If the council fails to act on a proposed initiative ordinance

29  or a referred ordinance within the specified time period, the

30  council shall be deemed to have failed to adopt the proposed

31  initiative ordinance or to repeal the referred ordinance on

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  1  the last day that the council was authorized to act on such

  2  matter.

  3         (2) Submission to electors.--The vote of the village on

  4  a proposed or referred ordinance shall be held not less than

  5  30 days or more than 60 days from the date the council acted

  6  or was deemed to have acted pursuant to subsection (1). If no

  7  regular election is to be held within the period prescribed in

  8  this subsection, the council shall provide for a special

  9  election, except that the council may, in its discretion,

10  provide for a special election at an earlier date within the

11  prescribed time period. Copies of the proposed or referred

12  ordinance shall be made available at the polls.

13         (3)  Withdrawal of petitions.--An initiative or

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

15  15th day preceding the day scheduled for a vote of the village

16  by filing with the clerk or other official designated by the

17  council a request for withdrawal signed by at least

18  eight-tenths of the members of the petitioners' committee.

19  Upon the filing of such request, the petition shall have no

20  further force or effect and all proceedings thereon shall be

21  terminated.

22         Section 8.06  Results of election.--

23         (1)  Initiative.--If a majority of the qualified

24  electors voting on a proposed initiative ordinance vote in its

25  favor, it shall be considered adopted upon certification of

26  the election results. If conflicting ordinances are approved

27  at the same election, the one receiving the greatest number of

28  affirmative votes shall prevail to the extent of such

29  conflict.

30         (2)  Referendum.--If a majority of the qualified

31  electors voting on a referred ordinance vote for repeal, it

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  1  shall be considered repealed upon certification of the

  2  election results.

  3                            ARTICLE IX

  4                        CHARTER AMENDMENTS

  5         Section 9.01  By ordinance.--The council may, by

  6  ordinance, propose amendments to this charter and, upon

  7  passage of the initiating ordinance, shall submit the proposed

  8  amendment to a vote of the electors at the next general

  9  election held within the village or at a special election

10  called for such purpose.

11         Section 9.02  By petition.--The electors of the village

12  may propose amendments to this charter by petition. Each

13  petition proposing amendments to this charter shall be

14  commenced, filed, certified as to its sufficiency, and

15  withdrawn in the same manner, in the same form, and with the

16  same number of petitioning electors as an ordinance proposed

17  by initiative.

18         Section 9.03  Submission to electors.--Upon

19  certification of the sufficiency of a petition, the council

20  shall submit the proposed amendment to a vote of the electors

21  at a general election or special election to be held not less

22  than 60 days or more than 120 days from the date on which the

23  petition was certified or at a special election called for

24  such purpose.

25         Section 9.04  Results of election.--If a majority of

26  the qualified electors voting on a proposed amendment vote for

27  its adoption, the amendment shall be considered adopted upon

28  certification of the election results. If conflicting

29  amendments are adopted at the same election, the one receiving

30  the greatest number of affirmative votes shall prevail to the

31  extent of such conflict.

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  1                            ARTICLE X

  2                        GENERAL PROVISIONS

  3         Section 10.01  Severability.--If any section or part of

  4  this section of the charter shall be held invalid by a court

  5  of competent jurisdiction, such holding shall not affect the

  6  remainder of this charter or the context in which such section

  7  or part of section so held invalid may appear, except to the

  8  extent that an entire section or a part of a section may be

  9  inseparably connected in meaning and effect with the section

10  or part of the section to which such holding shall directly

11  apply.

12         Section 10.02  Conflicts of interest; ethical

13  standards.--All councilors, officials, and employees of the

14  village shall be subject to the standards of conduct for

15  public officers and employees set by federal, state, county,

16  or other applicable law. The village council may adopt

17  additional standards of conduct and code of ethics

18  requirements that are not inconsistent with federal, state,

19  county, or other applicable law.

20         Section 10.03  Village personnel system.--All new

21  employments, appointments, and promotions of village officers

22  and employees shall be made pursuant to personnel procedures

23  to be established by the manager from time to time.

24         Section 10.04  Charitable contributions.--The village

25  shall not make any charitable contribution to any person or

26  entity, except such contributions as have been approved by all

27  councilors.

28         Section 10.05  Charter revision.--At its first regular

29  meeting in December of every 5th year after the adoption of

30  this charter, commencing with December 2005, the council shall

31  appoint a charter revision council consisting of five persons,

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  1  one of whom shall be a member of the council serving a second

  2  consecutive term as councilor, one of whom shall have served

  3  as a member of the previous charter council, and three of whom

  4  shall be electors of the village. If there are no councilors

  5  serving a second consecutive term, the council shall appoint

  6  one councilor to the revision council. If a former charter

  7  council member is not available to serve, four electors of the

  8  village, rather than three, shall be appointed. The mayor

  9  shall not be eligible for appointment to the revision council.

10  The revision council shall commence its proceedings within 45

11  days after appointment by the council. If the revision council

12  determines that a revision is needed, including, but not

13  limited to, a change in the boundaries or numbers of

14  residential areas, it shall draft such amendments to this

15  charter as it deems appropriate and submit the same to the

16  council not later than the 90th day after its appointment by

17  the council. The council shall, not less than 30 days or more

18  than 60 days after submission of the proposed amendments to

19  the council, submit them to the electors of the village in

20  accordance with the provisions of Articles VII and VIII.

21         Section 10.06  Variation of pronouns.--All pronouns and

22  any variation thereof used in this charter shall refer to

23  masculine, feminine, neutral, singular, or plural as the

24  identity of the person or persons shall require and are not

25  intended to describe, interpret, define, or limit the scope,

26  extent, or intent of this charter.

27         Section 10.07  No discrimination.--The village shall

28  not adopt any measure or policy or otherwise discriminate

29  against any person due to race, religion, color, national

30  origin, physical or mental disability, creed, sexual

31  preference, or sex.

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  1         Section 10.08  Deferred compensation;

  2  pensions.--Contributions to pension and other deferred

  3  compensation plans or arrangements for village employees may

  4  be made under such terms and conditions as the council may

  5  establish from time to time in accordance with sound actuarial

  6  principles.

  7         Section 10.09  Calendar day.--For the purposes of this

  8  charter, a day shall mean a calendar day.

  9                            ARTICLE XI

10                      TRANSITION PROVISIONS

11         Section 11.01  Referendum election.--The referendum

12  election called for by this act shall be held November 2,

13  1999, at which time the following question shall be placed

14  upon the ballot:

15         SHALL CHAPTER     , LAWS OF FLORIDA, CREATING

16         THE VILLAGE OF KEY LARGO AND PROVIDING ITS

17         CHARTER BE APPROVED?

18         - NO

19         - YES

20

21  In the event this question is answered affirmatively by a

22  majority of voters voting in the referendum, the provisions of

23  this charter shall take effect as provided in section 1.01.

24         Section 11.02  Initial election of village council.--

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

26  accordance with section 11.01, the Monroe County Commission

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

28  village council members to be held January 4, 1999.

29         (2)  Qualifying period.--Between noon on November 10,

30  1999, and noon on November 24, 1999, any individual who wishes

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

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  1  qualify as a candidate with the Monroe County Supervisor of

  2  Elections in accordance with the provisions of this charter

  3  and general law.

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

  5  initial election, the Monroe County Commission shall appoint a

  6  canvassing board which shall certify the results of the

  7  election.

  8         (4)  Induction into office.--Those candidates who are

  9  elected on January 4, 2000, shall take office at the initial

10  village council meeting, which shall be held at 7 p.m., on

11  January 6, 1999, at the Key Largo Public Library.

12         (5)  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, 2 months,

16  commencing January 4, 2000, and ending with the general

17  election March 5, 2002, unless otherwise reelected. Each of

18  the remaining elected candidates shall serve a term of 1 year,

19  2 months, commencing January 4, 2000, and ending with the

20  general election March 6, 2001, unless otherwise reelected.

21         (6)  Creation and establishment of the Village of Key

22  Largo.--For the purpose of compliance with section 200.066,

23  Florida Statutes, relating to assessment and collection of ad

24  valorem taxes, the village is hereby created and established

25  effective November 2, 1999. However, notwithstanding anything

26  to the contrary contained herein, the village, although

27  created and established as of November 2, 1999, shall not be

28  operational until January 4, 2000.

29         Section 11.03  First-year expenses.--The village

30  council, in order to provide moneys for the expenses and

31  support of the village, shall have the power to borrow money

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  1  necessary for the operation of village government until such

  2  time as a budget is adopted and revenues are raised in

  3  accordance with the provisions of this charter.

  4         Section 11.04  Transitional ordinances and

  5  resolutions.--The village council shall adopt ordinances and

  6  resolutions required to effect the transition. Ordinances

  7  adopted within 60 days after the first council meeting may be

  8  passed as emergency ordinances. These transitional ordinances,

  9  passed as emergency ordinances, shall be effective for no

10  longer than 90 days after adoption, and thereafter may be

11  readopted, renewed, or otherwise continued only in the manner

12  normally prescribed for ordinances.

13         Section 11.05  Transitional comprehensive plan and land

14  development regulations.--

15         (1)  Until such time as the village adopts a

16  comprehensive plan, the applicable provisions of the

17  Comprehensive Plan of Monroe County, as the same exists on the

18  day the village commences corporate existence, shall remain in

19  effect as the village transitional comprehensive plan.

20  However, all planning functions, duties, and authority shall

21  thereafter be vested in the village council of the Village of

22  Key Largo which shall be deemed the local planning agency

23  until and unless the council establishes a separate local

24  planning agency. Prior to the adoption of a village

25  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 village

31

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

  2  of not less than four members of the council.

  3         (2)  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 village council of the Village of Key Largo until such

  8  time as the village council delegates all or a portion thereof

  9  to another entity.

10         (3)  The village council may, by ordinance adopted by

11  the affirmative vote of not less than four members of the

12  council, enter into a transition agreement between Monroe

13  County and the Village of Key Largo.

14                           ARTICLE XII

15                         SHARED REVENUES

16         Section 12.01  State-shared revenues.--The Village of

17  Key Largo shall be entitled to participate in all shared

18  revenue programs of the State of Florida effective immediately

19  on the date of incorporation. The provisions of section

20  218.23(1), Florida Statutes, shall be waived for the purpose

21  of eligibility to receive revenue sharing funds from the date

22  of incorporation through the state fiscal year 2001-2002. The

23  millage levied by the Monroe County Mosquito Control District,

24  independent special district as that term is defined in

25  chapter 189, Florida Statutes, which includes the area within

26  the corporate limits of the village, may be used for the

27  purposes of satisfying the provisions of section 218.23(1),

28  Florida Statutes. Section 218.26(3), Florida Statutes, shall

29  be waived for the state fiscal year 1999-2000, and the

30  apportionment factors for the municipalities and counties

31  shall be recalculated pursuant to section 218.245, Florida

                                  33

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






    Florida Senate - 1999                           CS for SB 2640
    316-2027-99




  1  Statutes. Initial population estimates for calculating

  2  eligibility for shared revenues shall be determined by the

  3  University of Florida Bureau of Economic and Business

  4  Research. Should the bureau be unable to provide an

  5  appropriate population estimate, the Monroe County Planning

  6  Division estimate shall be utilized.

  7         Section 12.02  Gas tax revenues.--Notwithstanding the

  8  requirements of section 336.025, Florida Statutes, to the

  9  contrary, the Village of Key Largo shall be entitled to

10  receive local option gas tax revenues beginning on the

11  effective date of incorporation.

12         Section 2.  This act shall take effect only upon its

13  approval by a majority vote of those qualified electors

14  residing within the proposed corporate limits of the proposed

15  Village of Key Largo voting in a referendum election to be

16  called by the Monroe County Commission and to be held November

17  2, 1999, in accordance with the provisions of law relating to

18  elections currently in force, except that this section shall

19  take effect upon becoming a law.

20

21          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
22                         Senate Bill 2640

23

24  Deletes a provision of the proposed Village of Key Largo
    Charter that requires a referendum before the village council
25  can raise ad valorem millage beyond 5 mills.

26  Exempts the Village of Key Largo from certain revenue sharing
    eligibility criteria until the fiscal year 2001-2002.
27
    Provides that the Village of Key Largo is automatically
28  eligible for certain local gas tax revenue upon the effective
    date of incorporation.
29

30

31

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