Senate Bill 2640e2

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    CS for SB 2640                                Second Engrossed



  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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    CS for SB 2640                                Second Engrossed



  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 solid waste

10         disposal; providing for accelerated entitlement

11         to state-shared revenues; providing for gas tax

12         revenue; providing for a transition agreement

13         between Monroe County and the Village of Key

14         Largo; providing land descriptions of the

15         village; providing for future amendments of the

16         charter; providing for standards of conduct in

17         office; providing for the Village of Key Largo

18         to receive infrastructure surtax revenues;

19         providing for severability; providing for a

20         referendum; providing effective dates.

21

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

23

24         Section 1.  The Legislature finds and declares that the

25  Key Largo area in Monroe County includes a compact and

26  contiguous community of approximately 13,189 residents

27  susceptible to urban services and constitutes a community

28  amenable to separate municipal government and that it is in

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

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

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


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    CS for SB 2640                                Second Engrossed



  1  authority necessary to provide adequate and efficient

  2  municipal services to its residents.

  3                            ARTICLE I

  4                   CORPORATE EXISTENCE; FORM OF

  5                  GOVERNMENT; BOUNDARIES; POWERS

  6         Section 1.01  Corporate existence.--Pursuant to the

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

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

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

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

11  commence upon the adoption of this charter.

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

13  have a council-manager form of government.

14         Section 1.03  Corporate boundaries.--The corporate

15  boundaries of the village are as follows:

16

17  Northern boundary

18

19         The center line of Loquat Drive will be the

20         northern boundary of the proposed Village of

21         Key Largo, Loquat Drive starting at the eastern

22         shoreline, and running westward to the Lake

23         Surprise shoreline, just east of highway U.S.

24         1, from there the eastern boundary will follow

25         the shoreline, which more or less parallels

26         highway U.S. 1, to the Miami-Dade-Monroe County

27         line. The Miami-Dade-Monroe County line at this

28         point is referred to as Manatee Creek. The

29         Manatee Creek Miami-Dade-Monroe County line

30         will be the northern boundary of the proposed

31         Village Of Key Largo, at approximately mile


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    CS for SB 2640                                Second Engrossed



  1         marker 112.5 U.S. 1. From there the westerly

  2         boundary will follow the shoreline on the

  3         southwest side U.S. 1 southward. These

  4         boundaries will include the properties on

  5         either side of the Jewfish Bridge. It will also

  6         include those properties at mile marker 112.5,

  7         U.S. 1. It will include all properties on

  8         Morris Avenue and Hazel Street located in the

  9         Cross Key area at mile marker 112.5 U.S. 1.

10         Mainland Monroe County is not in the village

11         boundaries.

12

13  Southern boundary

14

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

16         and the north side of Sunset Gardens Rd on the

17         bayside of US 1. Located near the Red Cross

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

19         See Maps for detail.

20

21  East and west boundaries

22

23         The east (southeast) boundary shall be bound by

24         the shoreline of the Atlantic Ocean. The west

25         (northwest) boundary shall be bound by the

26         shoreline of Florida Bay.

27

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

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

30  municipality under the State Constitution and laws of Florida,

31  as fully and completely as though such powers were


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    CS for SB 2640                                Second Engrossed



  1  specifically enumerated in this charter, unless otherwise

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

  3  The village shall have all governmental, corporate, and

  4  proprietary powers necessary to enable it to conduct municipal

  5  government, perform municipal functions, and render municipal

  6  services, and may exercise any power for municipal services

  7  unless expressly prohibited by law. Through the adoption of

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

  9  that the municipal government established herein have the

10  broadest exercise of home rule powers permitted under the

11  State Constitution and laws of the state.

12                            ARTICLE II

13                     CITIZENS' BILL OF RIGHTS

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

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

16  order to provide the public with full and accurate

17  information, to promote efficient administration management,

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

19  persons fair and equitable treatment, the following rights are

20  guaranteed:

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

22  transact village business with a minimum of personal

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

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

25  limitations, reasonably convenient times and places for

26  registration and voting, for required inspections, and for

27  transacting business with the village.

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

29  employee shall knowingly furnish false information on any

30  public matter, or knowingly omit significant facts when giving

31  requested information to members of the public.


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    CS for SB 2640                                Second Engrossed



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

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

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

  4  for inspection at reasonable times and places convenient to

  5  the public.

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

  7  shall maintain and make available for public inspection an

  8  ordinance register separate from the minutes showing the votes

  9  of each member on all ordinances and resolutions listed by

10  descriptive title. Written minutes of all meetings and the

11  ordinance register shall be available for public inspection

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

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

14  of public business permits, any interested person has the

15  right to appear before the village council or any village

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

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

18  the jurisdiction of the village. Matters shall be scheduled

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

20  adopt agenda procedure and schedule hearings in a manner that

21  will enhance the opportunity for public participation. Nothing

22  herein shall prohibit any governmental entity or agency from

23  imposing reasonable time limits and procedures for the

24  presentation of a matter.

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

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

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

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

29  individual to receive such notice shall not constitute

30  mandatory grounds for canceling the hearing or rendering

31  invalid any determination made at such hearing. Copies of


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    CS for SB 2640                                Second Engrossed



  1  proposed ordinances or resolutions shall be made available at

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

  3  involves an emergency ordinance or resolution.

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

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

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

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

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

  9  affected person shall, upon written request, receive mailed

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

11  individual to receive such notice shall not constitute

12  mandatory grounds for canceling the hearing or rendering

13  invalid any determination made at such hearing.

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

15  request from any interested party, and after presentation of

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

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

18  authority upon any significant policy decision to be issued by

19  it which is not subject to subsequent administrative or

20  legislative review and hearing. This provision shall not apply

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

22  duties and responsibilities are solely advisory. At any zoning

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

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

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

26  submit rebuttal evidence, and to conduct such

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

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

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

30  record. Procedural rules establishing reasonable time and

31


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    CS for SB 2640                                Second Engrossed



  1  other limitations may be promulgated and amended from time to

  2  time.

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

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

  5  interested person made in connection with any village

  6  administrative decision or proceeding when the decision is

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

  8  accompanied by a statement of the grounds for denial.

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

10  manager and the village attorney shall periodically make a

11  public status report on all major matters pending or concluded

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

13  concern.

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

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

16  mayor shall prepare a budget showing the cost of each

17  department for each budget year. Prior to the village

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

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

20  budget summary setting forth the proposed cost of each

21  individual department and reflecting the personnel for each

22  department, the purposes therefor, the estimated millage cost

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

24  carryover funds for each department.

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

26  manager shall make public a quarterly report showing the

27  actual expenditures during the quarter just ended against

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

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

30  information for any portion of the fiscal year that has

31  elapsed.


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    CS for SB 2640                                Second Engrossed



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

  2  endeavor to designate one or more individuals to represent the

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

  4  regulatory bodies which significantly affect the village and

  5  its residents.

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

  7  citizens' rights enumerated in section 2.01 vest large and

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

  9  Such power necessarily carries with it responsibility of equal

10  magnitude for the successful operation of government in the

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

12  government requires the intelligent participation of

13  individual citizens exercising their rights with dignity and

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

15  of government because of the exercise of individual

16  prerogatives, and further requires that individual citizens

17  grant respect for the dignity of public office.

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

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

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

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

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

23  court to have willfully violated this bill of rights shall

24  forthwith forfeit his or her office or employment.

25         Section 2.04  Construction.--All provisions of this

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

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

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

29  affect the validity of the remaining provisions.

30                           ARTICLE III

31                      VILLAGE COUNCIL; MAYOR


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    CS for SB 2640                                Second Engrossed



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

  2  five-member village council consisting of council members,

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

  4  representing the village at large. There shall be five

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

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

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

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

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

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

11  shall maintain such residency throughout his or her term of

12  office.

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

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

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

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

17         Section 3.03  Mayor.--

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

19  the election of council members and the swearing into office

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

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

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

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

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

25  create and appoint subcommittees of the council. The mayor

26  shall be recognized as head of village government for all

27  ceremonial purposes and purposes of military law, for service

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

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

30  designated to represent the village in all dealings with other

31


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    CS for SB 2640                                Second Engrossed



  1  governmental entities. The mayor shall annually present a

  2  state-of-the-village message.

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

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

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

  6  responsibilities of the mayor during such absence or

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

  8  the remaining council members shall select a council member to

  9  serve as acting mayor.

10         Section 3.05  General powers and duties of the

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

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

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

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

15  and obligations imposed on the village by law.

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

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

18  removal from office as authorized by law, resignation,

19  appointment to other public office which creates dual office

20  holding, judicially determined incompetence, or forfeiture of

21  office as described in herein.

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

23  shall forfeit his or her office upon determination by the

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

25  that he or she:

26         (1)  Lacks at any time, or fails to maintain during his

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

28  prescribed by this charter or otherwise required by law;

29         (2)  Is convicted of a felony, or enters a plea of

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

31  even if adjudication is withheld;


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    CS for SB 2640                                Second Engrossed



  1         (3)  Is convicted of a first degree misdemeanor arising

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

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

  4  adjudication of guilt has been withheld; or

  5         (4)  Is found to have violated any standard of conduct

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

  7  has been suspended from office by the Governor, unless

  8  subsequently reinstated as provided by law.

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

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

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

12  office.

13         (b)  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 to which

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

20  occurred.

21         Section 3.08  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 herein and assumes all the duties of the mayor's

25  office.

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

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

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

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

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

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


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    CS for SB 2640                                Second Engrossed



  1  the remaining council members shall, within 30 days following

  2  the occurrence of such vacancy, call for an election.

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

  4  council shall be required to meet the qualifications of the

  5  seat to which he or she is appointed.

  6         Section 3.09  Council meetings.--

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

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

  9  Such meetings shall be public meetings within the meaning of

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

11  notice and other requirements of law applicable to public

12  meetings.

13         (2)  Elected or reelected council members shall be

14  inducted into office at the first regularly scheduled meeting

15  following certification of their election.

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

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

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

19  in attendance, unless otherwise provided by law.

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

21  ordinance, resolution, or motion.

22         Section 3.10  Compensation for councilors.--Councilors

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

24  year. The councilors shall also receive reimbursement in

25  accordance with applicable law, or as may be otherwise

26  provided by ordinance, for authorized travel and per diem

27  expenses incurred in the performance of their official duties.

28         Section 3.11  Prohibitions.--

29         (1)  Appointments and removals;

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

31  information, the council and its members, including committees


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    CS for SB 2640                                Second Engrossed



  1  thereof, are expressly prohibited from interfering with the

  2  performance of the duties of any employee of the city

  3  government who is under the direct or indirect supervision of

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

  5  in any manner dictate the appointment or removal of any

  6  village administrative officer or employee whom the manager or

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

  8  action shall be malfeasance within the meaning of section

  9  112.51, Florida Statutes, and shall be punishable as provided

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

11  express its views and fully and freely discuss with the

12  manager anything pertaining to appointment and removal of such

13  officer or employee.

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

15  purpose of inquiries and investigations made in good faith,

16  the council or its members shall deal with village officers

17  and employees who are subject to the direction and supervision

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

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

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

21  intent of this charter that recommendations for improvement in

22  village government operations by individual councilors be made

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

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

25  individual councilor shall give orders to the manager.

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

27  shall hold any appointive village office or employment while

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

29  compensated, appointive village office or employment until 1

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

31  after ceasing to be a village official.


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    CS for SB 2640                                Second Engrossed



  1                            ARTICLE IV

  2                      ADMINISTRATIVE DUTIES

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

  4  shall authenticate by his or her signature all ordinances and

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

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

  7  the clerk shall authenticate by their signatures the charter

  8  amendment, such authentication to reflect the approval of the

  9  charter amendment by the electorate.

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

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

12  ordinances and resolutions enacted or passed by the council.

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

14  periodically codified. The clerk shall also maintain the

15  village charter in current form as to all amendments.

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

17  ordinance, establish procedures for making all resolutions,

18  ordinances, technical codes adopted by reference, and this

19  charter available for public inspection and for purchase at a

20  reasonable price.

21                            ARTICLE V

22                  VILLAGE MANAGER; APPOINTMENT;

23             REMOVAL; COMPENSATION; POWERS AND DUTIES

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

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

26  the chief administrative officer of the village. The manager

27  shall be responsible to the council for the administration of

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

29  an indefinite term.

30

31


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    CS for SB 2640                                Second Engrossed



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

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

  3  contract.

  4         Section 5.03  Compensation.--The compensation and

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

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

  7  shall:

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

  9  removal of all village employees.

10         (2)  Direct and supervise the administration of all

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

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

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

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

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

16  and acts of the council, subject to enforcement and

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

18  her direction and supervision, are faithfully executed.

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

20  annual budget and capital program.

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

22  public an annual report on the finances and administrative

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

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

25  require concerning the operations of village departments,

26  offices, boards, and agencies.

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

28  condition and future needs of the village and make such

29  recommendations to the council concerning the affairs of the

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

31  village.


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    CS for SB 2640                                Second Engrossed



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

  2  behalf of the village as authorized by the council.

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

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

  5         Section 5.05  Absence or disability of village

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

  7  village clerk, a qualified administrative officer of the

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

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

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

11  designated by the village manager be unsatisfactory to the

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

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

14  she returns or his or her disability ceases.

15         Section 5.06  Bond of village manager/village

16  clerk.--The village council may provide by ordinance for the

17  village manager/village clerk to furnish a fidelity bond to be

18  approved by the council and in such amount as the council may

19  fix. The premium of the bond shall be paid by the village.

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

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

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

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

24  perform such other duties as the council or manager may

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

26  village manager.

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

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

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

30  membership of the village council which shall set forth the

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


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    CS for SB 2640                                Second Engrossed



  1  resolution shall be served immediately upon the village

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

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

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

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

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

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

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

  9  village manager shall continue to receive full compensation

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

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

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

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

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

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

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

17  be removed by the council at any time.

18                            ARTICLE VI

19                       FINANCIAL PROCEDURES

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

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

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

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

24  privilege taxes and taxes on services and utilities.

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

26  debt unless approved by four councilors and provided the

27  council has first received and reviewed a feasibility study

28  from the manager and chief financial officer of the village

29  concluding that sufficient revenues are available to repay the

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

31


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    CS for SB 2640                                Second Engrossed



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

  2  Statutes.

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

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

  5  end on September 30 of the succeeding year.

  6         Section 6.04  Balanced budget.--Each annual budget

  7  adopted by the council shall be a balanced budget.

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

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

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

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

12  amounts appropriated for current operations for the

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

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

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

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

17  ensuing fiscal year. An ordinance adopting an annual budget

18  shall constitute appropriations of the amounts specified

19  therein.

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

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

22  Reasonable appropriations may be made for contingencies, but

23  only within defined spending categories.

24         Section 6.05  Budget amendments.--

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

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

27  budget are available for appropriation, the council by

28  resolution may make supplemental appropriations for the year

29  in an amount not to exceed such excess.

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

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


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    CS for SB 2640                                Second Engrossed



  1  manager that the revenues available will be insufficient to

  2  meet the amount appropriated, the village manager shall so

  3  report to the council without delay, indicating the estimated

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

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

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

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

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

  9  appropriations accordingly.

10                           ARTICLE VII

11                            ELECTIONS

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

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

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

15  shall be an elector of the village.

16         Section 7.02  Nonpartisan elections.--All elections for

17  the village council members shall be conducted on a

18  nonpartisan basis without any designation of political party

19  affiliation.

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

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

22  elective office shall qualify with the village clerk no sooner

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

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

25  election is to be held.

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

27  person shall serve as mayor for more than two consecutive

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

29  two consecutive terms.

30         Section 7.05  Election schedule.--The regular village

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


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    CS for SB 2640                                Second Engrossed



  1  year. Such village elections shall be general village

  2  elections.

  3         Section 7.06  Special elections.--Special village

  4  elections shall be held in the same manner as regular

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

  6  shall fix the time for holding of such elections.

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

  8  only one candidate qualifies for an office, said candidate

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

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

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

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

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

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

15  shall be determined by lot.

16         Section 7.08  Village canvassing board.--The village

17  canvassing board shall be composed of those members of the

18  village council who are not candidates for reelection and the

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

20  members are seeking reelection, the village council shall

21  appoint three village electors, who with the village clerk

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

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

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

25  place designated by the chairperson and shall proceed to

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

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

28  canvass the absentee elector ballots. The canvassing board

29  shall prepare and sign a certificate containing the total

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

31


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    CS for SB 2640                                Second Engrossed



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

  2  clerk.

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

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

  5  village, following the procedures for recall established by

  6  general law.

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

  8  office of any elected official shall commence following the

  9  election for such elected office as provided by ordinance of

10  the village.

11                           ARTICLE VIII

12                    INITIATIVE AND REFERENDUM

13         Section 8.01  Council initiative.--The village council

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

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

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

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

18  said resolution. Any resolution calling for a referendum vote

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

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

21         Section 8.02  Power to initiate and reconsider

22  ordinances.--

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

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

25  council fails to adopt an ordinance so proposed without any

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

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

28  annual budget or capital program or any ordinance

29  appropriating money, levying taxes, or setting salaries of

30  village officers or employees.

31


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    CS for SB 2640                                Second Engrossed



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

  2  have power to require reconsideration by the council of any

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

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

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

  6  the annual budget or capital program or any ordinance

  7  appropriating money, levying taxes, or setting salaries of

  8  village officers or employees.

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

10  electors may commence initiative or referendum proceedings by

11  filing with the clerk or other official designated by the

12  council an affidavit stating they will constitute the

13  petitioners' committee and be responsible for circulating the

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

15  addresses and specifying the address to which all notices to

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

17  proposed initiative ordinance or citing the ordinance sought

18  to be reconsidered. Promptly after the affidavit of the

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

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

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

22  Petitioners' proposed ordinance shall be approved as to legal

23  sufficiency by the village attorney prior to circulation.

24         Section 8.03  Petitions.--

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

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

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

28  registered to vote at the last regular village election.

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

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

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


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    CS for SB 2640                                Second Engrossed



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

  2  have attached thereto throughout their circulation the full

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

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

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

  6  the circulator thereof stating that he or she personally

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

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

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

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

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

12  ordinance proposed or sought to be reconsidered.

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

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

15  proceedings with respect to such initiative or referendum are

16  commenced.

17         Section 8.04  Procedure for filing.--

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

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

20  referendum petition is filed, the clerk shall complete a

21  certificate as to its sufficiency, hereafter referred to as

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

23  certificate shall specify the particulars of the deficiency. A

24  copy of the certificate shall be promptly sent to the

25  petitioners' committee by registered mail. Grounds for

26  insufficiency are only those specified in section 8.03. A

27  petition certified insufficient for lack of the required

28  number of valid signatures may be amended once if the

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

30  with the clerk or other official designated by the council

31  within 2 business days after receiving the copy of the


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    CS for SB 2640                                Second Engrossed



  1  certificate and files a supplementary petition upon additional

  2  papers within 10 days after receiving the copy of the

  3  certificate. Such supplementary petition shall comply with the

  4  requirements of section 8.03. Within 5 days after a

  5  supplementary petition is filed, the clerk or other official

  6  designated by the council shall complete a certificate as to

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

  8  copy of such certificate to the petitioners' committee by

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

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

11  petition or amended petition is certified insufficient and the

12  petitioners' committee does not elect to amend or request

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

14  the clerk or other official designated by the council shall

15  promptly present the certificate to the council and such

16  certificate shall then be a final determination as to the

17  sufficiency of the petition.

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

19  insufficient and the petitioners' committee does not file

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

21  been certified insufficient, the committee may, within two

22  business days after receiving the copy of such certificate,

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

24  shall review the certificate at its next meeting following the

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

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

27  to the sufficiency of the petition.

28         Section 8.05  Action on petitions.--

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

30  referendum petition has been finally determined sufficient,

31  the council shall promptly consider the proposed initiative


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    CS for SB 2640                                Second Engrossed



  1  ordinance or reconsider the referred ordinance by voting its

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

  3  council fails to adopt a proposed initiative ordinance without

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

  5  referred ordinance within 30 days, it shall submit the

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

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

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

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

10  initiative ordinance or to repeal the referred ordinance on

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

12  matter.

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

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

15  30 days or more than 60 days from the date the council acted

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

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

18  this subsection, the council shall provide for a special

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

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

21  prescribed time period. Copies of the proposed or referred

22  ordinance shall be made available at the polls.

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

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

25  15th day preceding the day scheduled for a vote of the village

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

27  council a request for withdrawal signed by at least

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

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

30  further force or effect and all proceedings thereon shall be

31  terminated.


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    CS for SB 2640                                Second Engrossed



  1         Section 8.06  Results of election.--

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

  3  electors voting on a proposed initiative ordinance vote in its

  4  favor, it shall be considered adopted upon certification of

  5  the election results. If conflicting ordinances are approved

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

  7  affirmative votes shall prevail to the extent of such

  8  conflict.

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

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

11  shall be considered repealed upon certification of the

12  election results.

13                            ARTICLE IX

14                        CHARTER AMENDMENTS

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

16  ordinance, propose amendments to this charter and, upon

17  passage of the initiating ordinance, shall submit the proposed

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

19  election held within the village or at a special election

20  called for such purpose.

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

22  may propose amendments to this charter by petition. Each

23  petition proposing amendments to this charter shall be

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

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

26  same number of petitioning electors as an ordinance proposed

27  by initiative.

28         Section 9.03  Submission to electors.--Upon

29  certification of the sufficiency of a petition, the council

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

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


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    CS for SB 2640                                Second Engrossed



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

  2  petition was certified or at a special election called for

  3  such purpose.

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

  5  the qualified electors voting on a proposed amendment vote for

  6  its adoption, the amendment shall be considered adopted upon

  7  certification of the election results. If conflicting

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

  9  the greatest number of affirmative votes shall prevail to the

10  extent of such conflict.

11                            ARTICLE X

12                        GENERAL PROVISIONS

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

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

15  of competent jurisdiction, such holding shall not affect the

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

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

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

19  inseparably connected in meaning and effect with the section

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

21  apply.

22         Section 10.02  Conflicts of interest; ethical

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

24  village shall be subject to the standards of conduct for

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

26  or other applicable law. The village council may adopt

27  additional standards of conduct and code of ethics

28  requirements that are not inconsistent with federal, state,

29  county, or other applicable law.

30         Section 10.03  Village personnel system.--All new

31  employments, appointments, and promotions of village officers


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    CS for SB 2640                                Second Engrossed



  1  and employees shall be made pursuant to personnel procedures

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

  3         Section 10.04  Charitable contributions.--The village

  4  shall not make any charitable contribution to any person or

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

  6  councilors.

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

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

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

10  appoint a charter revision council consisting of five persons,

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

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

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

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

15  serving a second consecutive term, the council shall appoint

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

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

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

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

20  The revision council shall commence its proceedings within 45

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

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

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

24  residential areas, it shall draft such amendments to this

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

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

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

28  than 60 days after submission of the proposed amendments to

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

30  accordance with the provisions of Articles VII and VIII.

31


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    CS for SB 2640                                Second Engrossed



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

  2  any variation thereof used in this charter shall refer to

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

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

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

  6  extent, or intent of this charter.

  7         Section 10.07  No discrimination.--The village shall

  8  not adopt any measure or policy or otherwise discriminate

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

10  origin, physical or mental disability, creed, sexual

11  preference, or sex.

12         Section 10.08  Deferred compensation;

13  pensions.--Contributions to pension and other deferred

14  compensation plans or arrangements for village employees may

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

16  establish from time to time in accordance with sound actuarial

17  principles.

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

19  charter, a day shall mean a calendar day.

20                            ARTICLE XI

21                      TRANSITION PROVISIONS

22         Section 11.01  Referendum election.--The referendum

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

24  1999, at which time the following question shall be placed

25  upon the ballot:

26         SHALL CHAPTER     , LAWS OF FLORIDA, CREATING

27         THE VILLAGE OF KEY LARGO AND PROVIDING ITS

28         CHARTER BE APPROVED?

29         - NO

30         - YES

31


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    CS for SB 2640                                Second Engrossed



  1  In the event this question is answered affirmatively by a

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

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

  4         Section 11.02  Initial election of village council.--

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

  6  accordance with section 11.01, the Monroe County Commission

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

  8  village council members to be held January 4, 2000.

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

10  1999, and noon on November 24, 1999, any individual who wishes

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

12  qualify as a candidate with the Monroe County Supervisor of

13  Elections in accordance with the provisions of this charter

14  and general law.

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

16  initial election, the Monroe County Commission shall appoint a

17  canvassing board which shall certify the results of the

18  election.

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

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

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

22  January 6, 2000, at the Key Largo Public Library.

23         (5)  Initial terms of office.--In order to provide for

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

25  those three council candidates receiving the highest number of

26  votes in the initial election shall be 2 years, 2 months,

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

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

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

30  2 months, commencing January 4, 2000, and ending with the

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


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    CS for SB 2640                                Second Engrossed



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

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

  3  Florida Statutes, relating to assessment and collection of ad

  4  valorem taxes, the village is hereby created and established

  5  effective November 2, 1999. However, notwithstanding anything

  6  to the contrary contained herein, the village, although

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

  8  operational until January 4, 2000.

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

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

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

12  necessary for the operation of village government until such

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

14  accordance with the provisions of this charter.

15         Section 11.04  Transitional ordinances and

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

17  resolutions required to effect the transition. Ordinances

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

19  passed as emergency ordinances. These transitional ordinances,

20  passed as emergency ordinances, shall be effective for no

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

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

23  normally prescribed for ordinances.

24         Section 11.05  Transitional comprehensive plan and land

25  development regulations.--

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

27  comprehensive plan, the applicable provisions of the

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

29  day the village commences corporate existence, shall remain in

30  effect as the village transitional comprehensive plan.

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


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    CS for SB 2640                                Second Engrossed



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

  2  Key Largo which shall be deemed the local planning agency

  3  until and unless the council establishes a separate local

  4  planning agency. Prior to the adoption of a village

  5  comprehensive master plan, any amendment to any zoning as

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

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

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

  9  residential density or intensity, as established in the

10  current county land use plan, which is adopted by the village

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

12  of not less than four members of the council.

13         (2)  All powers and duties of the planning commission,

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

15  Commission of Monroe County, as set forth in these

16  transitional zoning and land use regulations, shall be vested

17  in the village council of the Village of Key Largo until such

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

19  to another entity.

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

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

22  council, enter into a transition agreement between Monroe

23  County and the Village of Key Largo.

24         Section 11.06  Solid waste.--In accordance with section

25  403.706(1), Florida Statutes, the board of county

26  commissioners shall have the responsibility to transport

27  municipal solid waste to a solid waste disposal facility of

28  the county or to operate a solid waste facility. The

29  municipality must, through September 30, 2002, deliver the

30  solid waste collected within the municipality to either a

31  county solid waste transfer station or a county solid waste


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    CS for SB 2640                                Second Engrossed



  1  disposal facility, as determined by the board. For the

  2  remainder of the term of the county's solid waste haulout

  3  contract, the board and the municipality shall negotiate for

  4  the delivery of the solid waste collected within the

  5  municipality by interlocal agreement. The parties shall

  6  negotiate in good faith and with primary consideration given

  7  to the minimum waste generation guarantees set forth in the

  8  county's solid waste haulout contract. However, in no event

  9  may the board charge the municipality a tipping fee in excess

10  of the tipping fee established annually and charged to other

11  municipalities and persons delivering solid waste to the

12  county transfer stations or county solid waste disposal

13  facility.

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 through the state Fiscal Year 2001-2002, and the

30  apportionment factors for the municipalities and counties

31  shall be recalculated pursuant to section 218.245, Florida


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    CS for SB 2640                                Second Engrossed



  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 July 1,

11  2000.

12         Section 12.03  Infrastructure surtax revenues.--The

13  Village of Key Largo shall be entitled to receive

14  infrastructure surtax revenues beginning on July 1, 2000.

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

16  approval by a majority vote of those qualified electors

17  residing within the proposed corporate limits of the proposed

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

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

20  2, 1999, in accordance with the provisions of law relating to

21  elections currently in force, except that this section shall

22  take effect upon becoming a law.

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