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





                                                   HOUSE AMENDMENT

                                                   Bill No. HB 563

    Amendment No. 01 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 2                                 .
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 3                                 .
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 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  The Committee on Community Affairs offered the following:

12

13         Amendment (with title amendment) 

14  Remove from the bill:  Everything after the enacting clause

15

16  and insert in lieu thereof:

17         Section 1.  LEGISLATIVE INTENT.--The Legislature hereby

18  finds and declares that:

19         (1)  The "Village of Paradise Islands" area in Monroe

20  County includes a compact and contiguous community of

21  approximately 5,520 residents susceptible to urban services,

22  and constitutes a community amenable to separate municipal

23  government.

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

25  safety, and welfare of the residents of the Village of

26  Paradise Islands area to form a separate municipality for the

27  area with all the powers and authority necessary to provide

28  adequate and efficient municipal services to its residents.

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

30  incorporation of the Village of Paradise Islands area will

31  serve to preserve and protect the distinctive characteristics

                                  1

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 563

    Amendment No. 01 (for drafter's use only)





 1  of the individual communities within the boundaries of the

 2  Village of Paradise Islands. 

 3         Section 2.  INCORPORATION OF MUNICIPALITY; CORPORATE

 4  LIMITS.--There is hereby created, effective November 15, 2000,

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

 6  Village of Paradise Islands, which shall have a

 7  mayor-council-manager form of government.  The corporate

 8  boundaries of the Village of Paradise Islands, hereinafter

 9  referred to as "village," shall be as described in section 2

10  of the charter. 

11         Section 3.  SHORT TITLE.--This act, together with any

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

13  the "Village of Paradise Islands Charter," hereinafter

14  referred to as "the charter."  The charter of the Village of

15  Paradise Island is created to read: 

16

17         Section 1.  MUNICIPAL POWERS.--The village shall be a

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

19  municipality under the State Constitution and laws of this

20  state, as fully and completely as though such powers were

21  specifically enumerated in this charter, unless otherwise

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

23  The village shall have all governmental, corporate, and

24  proprietary powers necessary to enable it to conduct municipal

25  government, perform municipal functions, and render municipal

26  services, and may exercise any power for municipal services

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

28  shall be liberally construed in favor of the village.  The

29  quality of rights under the laws of the Village of Paradise

30  Islands shall not be denied or abridged because of sex, sexual

31  orientation, age, disability, race, creed, color, or national

                                  2

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 563

    Amendment No. 01 (for drafter's use only)





 1  origin.

 2         Section 2.  VILLAGE BOUNDARIES.--The corporate

 3  boundaries of the village shall be as follows:

 4

 5         All the Florida Keys and Islands north and east

 6         of a line projected at a magnetic compass

 7         heading of 325 degrees to the northwest and 215

 8         degrees to the southwest from a point at the

 9         centerline at the east end of the North Pine

10         Channel Bridge up to a line projected north and

11         south at the west end of the Seven Mile Bridge,

12         including but not limited to Big Pine Key, No

13         Name Key, The Spanish Harbor Keys, Bahia Honda

14         Key, Ohio Key, Missouri Key, Little Duck Key,

15         The Newfound Harbor Keys, including Cook,

16         Coconut, Big Munson and Little Palm Islands,

17         and all land filled in between the islands, all

18         of the above within Monroe County, Florida.

19         Section 3.  VILLAGE COUNCIL.--

20         (1)  VILLAGE COUNCIL; COMPOSITION; QUALIFICATIONS OF

21  COUNCIL MEMBERS.--

22         (a)  There shall be a five-member village council,

23  hereinafter referred to as "council," consisting of a mayor,

24  also considered a council member, elected from and

25  representing the village at large and two council members,

26  hereinafter referred to as "councilors," elected from precinct

27  16, as defined by Resolution No. 044-1996 by the Board of

28  County Commissioners of Monroe County, or as defined in the

29  future by a Resolution by the Village Council, and two council

30  members, hereinafter referred to as "councilors," elected from

31  precinct 17, as defined by Resolution No. 044-1996 by the

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 563

    Amendment No. 01 (for drafter's use only)





 1  Board of County Commissioners of Monroe County, or as defined

 2  in the future by a Resolution by the Village Council.

 3         (b)  To qualify for office:

 4         1.  Each candidate for an office on the council shall

 5  be a registered voter in Florida and a resident of the village

 6  for at least 1 year prior to the last date the candidate is

 7  allowed to qualify.

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

 9  councilor seat shall reside within the boundaries of the

10  precinct for which the candidate is qualifying and, if

11  elected, shall maintain such residency throughout his or her

12  term of office.  For the initial election, following the

13  referendum approving the creation of the village, candidates

14  for office shall qualify as provided in section 7(2) of this

15  charter.  Thereafter, candidates shall qualify as provided in

16  section 6(3)of this charter.

17         (2)  TERM OF OFFICE.--The term of office for all

18  council members shall be 2 years, except that the first term

19  for all shall be from their initial election as provided in

20  section 7(2) of this charter until the first general election

21  in November of the year 2002.  Each council member shall

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

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

24  No council member shall serve as either councilor or mayor for

25  more than three consecutive terms of office.  A term of office

26  of less than 365 days to fill a vacancy shall not be applied

27  to the maximum tenure of three consecutive terms of office.

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

29         (a)  The mayor shall be elected from and represent the

30  village at large and shall have been an elector of the village

31  and shall have resided in the village for at least 1 year

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 563

    Amendment No. 01 (for drafter's use only)





 1  prior to the last date the candidate is allowed to qualify to

 2  run for the office of mayor. Failure to possess any such

 3  qualification during a term of office shall be cause for

 4  forfeiture of the office, and the council shall remove the

 5  mayor from office.  The mayor shall maintain residency in the

 6  village throughout his or her term of office.

 7         (b)  The mayor shall have the same legislative powers

 8  and duties as any other council member.

 9         (c)  The mayor shall preside at the meetings of the

10  council and shall be recognized as the head of village

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

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

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

14  administrative duties other than those necessary to accomplish

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

16  the council, consistent with general or special law.

17         (4)  THE VICE MAYOR.--The council, at its first regular

18  meeting in December of each year, shall elect from its

19  membership a vice mayor who shall serve at the pleasure of the

20  council and as acting mayor during the absence or disability

21  of the mayor.  In the absence of the mayor and the vice mayor,

22  the council members shall select a council member to serve as

23  acting mayor.

24         (5)  COMPENSATION AND EXPENSES.--Councilors shall

25  receive compensation in the amount of $350 per month and the

26  mayor shall receive compensation in the amount of $500 per

27  month. In addition, all council members shall be entitled to

28  receive reimbursement in accordance with Florida Statutes for

29  authorized travel and per diem expenses incurred in the

30  performance of their official duties. The council, by not less

31  than four-fifths affirmative votes of all council members in

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 563

    Amendment No. 01 (for drafter's use only)





 1  office, may elect to increase or decrease compensation by

 2  ordinance.  However, no such ordinance increasing or

 3  decreasing compensation shall take effect until the date of

 4  commencement of the terms of council members selected at the

 5  next regular election which follows the adoption of said

 6  ordinance.

 7         (6)  GENERAL POWERS AND DUTIES OF THE VILLAGE

 8  COUNCIL.--

 9         (a)  Except as otherwise prescribed herein or provided

10  by law, legislative and police powers of the village shall be

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

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

13  and obligations imposed on the village by law.

14         (b)  Neither the council nor any of its members shall

15  in any manner dictate the appointment or removal of any

16  village employees whom the manager or any of his or her

17  subordinates are empowered to appoint, except as provided in

18  this charter, but the council may express its views and fully

19  and freely discuss with the manager anything pertaining to

20  appointment and removal of such employees.

21         (c)  Except for the purpose of inquiries and

22  investigations, the council or its members shall deal with

23  village employees who are subject to the direction and

24  supervision of the manager solely through the manager, and

25  neither the council nor its members shall give orders to any

26  such employee, either publicly or privately.

27         (d)  Nothing in the foregoing is to be construed to

28  prohibit individual members of the council from closely

29  scrutinizing, by questions and personal observation, all

30  aspects of village government operations so as to obtain

31  independent information to assist the members in the

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 563

    Amendment No. 01 (for drafter's use only)





 1  formulation of sound policies to be considered by the council.

 2  It is the express intent of this charter, however, that

 3  recommendations for improvement in village government

 4  operations by individual council members be made to and

 5  through the village manager, so that the manager may

 6  coordinate efforts of all village departments to achieve the

 7  greatest possible savings through the most efficient and sound

 8  means available.

 9         (e)  Any council member who shall violate the

10  provisions of subsections (b) and (c) set forth above is

11  guilty of a misdemeanor of the first degree, to be tried by a

12  court of competent jurisdiction and punishable as provided by

13  state law.  Conviction under this part shall be grounds for

14  censure, suspension, or removal of the council member

15  violating the provisions of this section by a majority vote of

16  the remaining members of the council.

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

18  FILLING OF VACANCIES.--

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

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

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

22  other public office which creates dual office holding,

23  judicially determined incompetency, or forfeiture of office as

24  described in paragraph (b).

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

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

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

28  she:

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

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

31  prescribed by this charter or otherwise required by law;

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 563

    Amendment No. 01 (for drafter's use only)





 1         2.  Is, while holding office, convicted of a felony, or

 2  enters a plea of guilty or nolo contendere to a crime

 3  punishable as a felony, even if adjudication is withheld;

 4         3.  Is convicted of a first degree misdemeanor arising

 5  directly out of his or her official conduct or duties as a

 6  member of the Village Council, or enters a plea of guilty or

 7  nolo contendere thereto, even if adjudication of guilt has

 8  been withheld;

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

10  or code of ethics established by State of Florida or local law

11  for public officials and/or has been suspended from office by

12  the Governor of Florida, unless subsequently reinstated as

13  provided by law; or

14         5.  Is absent from three consecutive regular council

15  meetings without justifiable reason as determined by a

16  four-fifths vote of the other members of the council, or for

17  any other reason established in this charter.

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

19  automatically suspended from office upon return of an

20  indictment or issuance of an information charging the council

21  member with any crime which is punishable as a felony or with

22  any crime arising out of his or her official council duties

23  which is punishable as a first degree misdemeanor.  Pursuant

24  thereto:

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

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

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

28         2.  If the council member is subsequently found not

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

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

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

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 563

    Amendment No. 01 (for drafter's use only)





 1  lifted and the council member shall be entitled to receive

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

 3  she would have been entitled to had the suspension not

 4  occurred.

 5         (d)  Filling of vacancies.--

 6         1.  If any vacancy occurs in the office of mayor or any

 7  other council member, the remaining council members shall,

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

 9  majority vote, appoint a person to fill the vacancy for the

10  remainder of the unexpired term.

11         2.  Any person appointed to fill a vacant seat on the

12  council shall be required to meet the qualifications of the

13  seat to which he or she is appointed.

14         (8)  VILLAGE COUNCIL MEETINGS.--The council shall

15  conduct regular semi-monthly meetings which shall not begin

16  before 6:00 p.m., at such times and places as the council

17  shall prescribe by resolution.  Such meetings shall be public

18  meetings within the meaning of section 286.011, Florida

19  Statutes, and shall be subject to notice and other

20  requirements of law applicable to public meetings. The council

21  shall adopt Robert's Rules of Order, determine other rules in

22  order of business, and keep a journal of its proceedings.

23  Pursuant thereto:

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

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

26  mayor.  Special meetings may also be called upon the request

27  of a majority of the councilors, consistent with section

28  286.011, Florida Statutes.  Unless of an emergency nature, the

29  person or persons calling such a meeting shall provide not

30  less than 72 hours' prior notice of the meeting to the public.

31  In an emergency situation, a special meeting may be called at

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 563

    Amendment No. 01 (for drafter's use only)





 1  least 4 hours' notice to each council member, served

 2  personally, or left at his or her usual place of residence,

 3  with every effort made to contact the member by the village

 4  clerk. The village clerk shall also make every effort to

 5  notify the general public of any special meeting.

 6         (b)  Elected or reelected council members shall be

 7  inducted into office at the first regularly scheduled meeting

 8  following certification of their election.

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

10  quorum.  No action of the council shall be valid unless

11  adopted by an affirmative vote of the majority of the council

12  members in attendance, unless otherwise provided by law.  All

13  actions of the council shall be by ordinance, resolution, or

14  motion.

15         (9)  VILLAGE RECORDS.--The council shall, in a properly

16  indexed book kept for the purpose, provide for the

17  authentication and recording in full of all minutes of

18  meetings, and all ordinances and resolutions adopted by the

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

20  The council shall further maintain a current codification of

21  all ordinances.  Such codification shall be printed and shall

22  be made available for distribution to the public on a

23  continuing basis.  All ordinances or resolutions of the

24  council shall be signed by the mayor, or vice mayor in the

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

26  the absence or disability of both the mayor and the vice

27  mayor, and attested to by the village clerk.  All meetings of

28  the council and of the committees thereof shall be public

29  meetings within the meaning of Section 286, Florida Statutes,

30  and any citizens shall have access to the minutes and records

31  thereof at all reasonable times.

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 563

    Amendment No. 01 (for drafter's use only)





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

 2  standard code of technical regulations by reference thereto in

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

 4  ordinance or later amendatory ordinance.  The procedures and

 5  requirements governing such an adoption ordinance shall be

 6  prescribed for ordinances generally, except that:

 7         (a)  Requirements regarding distribution and filing of

 8  copies of the ordinance shall not be construed to require

 9  distribution and filing of copies of the adopted code of

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

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

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

13  authenticated and recorded by the village clerk.

14         (11)  LIMITATION OF EMPLOYMENT OF COUNCILORS AND

15  MAYOR.--Neither councilors nor the mayor shall be in the

16  employment of the village while in office, nor shall any

17  former councilor or mayor be employed by the village until

18  after the expiration of 1 year from the time of leaving

19  office.

20         (12)  REFERENDUM REQUIRED FOR CONVEYANCE OF

21  VILLAGE-OWNED REAL PROPERTY; EXCEPTIONS.--The village shall

22  not sell, convey, or otherwise transfer any real property, or

23  any interest therein, to any person without the transfer being

24  approved by referendum.  However, the abandonment of any real

25  property shall be at the discretion of the council; providing

26  that the total real value meets the criteria in subparagraph

27  (a) stated below and there are no opposing neighbors that

28  adjoin the property. The lease of village-owned real property

29  in areas of the village, other than a redevelopment area, for

30  a term greater than 10 years shall be considered a conveyance

31  requiring referendum.  This provision shall not be applicable

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 563

    Amendment No. 01 (for drafter's use only)





 1  to the following:

 2         (a)  Any property valued under $50,000 as determined by

 3  the average of three appraisals of the property with the

 4  appraisals to be paid for by the recipient of the property.

 5         (b)  The release of a claim or interest in land to

 6  settle, or aid the settlement of, record title to real

 7  property.

 8         (13)  RIGHT OF INDIVIDUAL TO BE HEARD.--All residents

 9  shall have the right to be heard at all council meetings

10  within the meaning of Section 286.011, Florida Statutes,

11  subject to rules established by the council.

12         Section 4.  BUDGET AND APPROPRIATIONS.--

13         (1)  FISCAL YEAR.--The village shall have a fiscal year

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

15  September 30 of the succeeding year.

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

17  adopt for the succeeding fiscal year a budget on or before the

18  15th day of September of each year, following a minimum of two

19  public hearings on the proposed budget.  A resolution adopting

20  the annual budget shall constitute appropriation of the

21  amounts specified therein as expenditures from funds

22  indicated.

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

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

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

26  budget are available for appropriation, the council by

27  resolution may make supplemental appropriations for the year

28  in an amount not to exceed such excess.

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

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

31  manager that the revenues available will be insufficient to

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 563

    Amendment No. 01 (for drafter's use only)





 1  meet the amount appropriated, the village manager shall report

 2  same to the council without delay, indicating the estimated

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

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

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

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

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

 8  appropriations accordingly.

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

10  debt service may be reduced or transferred, and no

11  appropriation may be reduced below any amount required by law

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

13  thereof.

14         Section 5.  CHARTER OFFICERS.--

15         (1)  DESIGNATION.--The village manager and the village

16  attorney are designated as charter officers, except that the

17  office of village attorney may be contracted to an attorney or

18  law firm.

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

20  VACANCIES.--

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

22  majority vote of the council and shall serve at the pleasure

23  of the council.

24         (b)  All charter officers shall be required to file

25  with the council a disclosure statement outlining any possible

26  conflicts of interest, financial or otherwise, that they might

27  have because of their position with the village.

28         (c)  The charter officers shall be removed from office

29  only by a majority vote of the council.  Upon demand by a

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

31  removal.

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 563

    Amendment No. 01 (for drafter's use only)





 1         (d)  The compensation of the charter officers shall be

 2  fixed by the council.

 3         (e)  Employment contracts with charter officers or any

 4  other employees of the Village shall not have duration in

 5  excess of one year.

 6         (f)  The council shall immediately begin the process to

 7  fill a vacancy in a charter office. An acting village manager

 8  or an acting village attorney may be appointed by the council

 9  during a vacancy in such charter office.

10         (g)  The charter officers shall not be candidates  for

11  the council while holding their charter officer position.

12         (3)  BOND OF THE VILLAGE MANAGER/VILLAGE CLERK.--The

13  Village council may provide by ordinance for the Village

14  manager and Village clerk to furnish a fidelity bond to be

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

16  fix.  The premium of the bond shall be paid by the Village.

17         (4)  VILLAGE MANAGER.--The village manager shall be the

18  chief administrative officer of the village.

19         (a)  Qualifications.--The village manager shall be

20  selected from, but not limited to, the following criteria:

21  experience, expertise, management ability, and education. Any

22  of the foregoing criteria shall be used in determining the

23  ability as it pertains to running municipal government.

24         (b)  Residency.--The village manager must become a

25  resident of the village within 90 days after accepting the

26  position with the village, and shall remain a resident of the

27  village for the duration of employment with the village.

28         (c)  Powers and duties.--The village manager shall:

29         1.  As the chief administrative officer of the village,

30  direct and supervise the administration of all departments,

31  offices, and agencies of the village, except the office of

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 563

    Amendment No. 01 (for drafter's use only)





 1  village attorney, and except as otherwise provided by this

 2  charter or by law.

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

 4  village or appointive administrative employee provided for,

 5  by, or under this charter, except the office of village

 6  attorney, and except as may otherwise be provided by law, this

 7  charter, or personnel rules adopted pursuant to the charter.

 8  The village manager may authorize any administrative employee

 9  who is subject to his or her direction and supervision to

10  exercise these powers with respect to subordinates in that

11  employee's department, office, or agency.

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

13  and acts of the council are faithfully executed.

14         4.  Prepare and submit the annual budget and capital

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

16         5.  Attend meetings of the council.

17         6.  Draw and sign vouchers upon depositories as

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

19  and accurate account of same.

20         7.  Sign all licenses issued by the village, and issue

21  receipts for all moneys paid to the village, and deposit said

22  moneys in the proper depositories on the first banking day

23  after receipt.  The village manager may delegate the

24  responsibilities of this subparagraph to an appropriate

25  village employee who shall be bonded.

26         8.  Provide administrative services in support of the

27  official duties of the mayor and the council.

28         9.  Keep the council advised as to the financial

29  condition and future needs of the village and make

30  recommendations to the council concerning the affairs of the

31  village.

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 563

    Amendment No. 01 (for drafter's use only)





 1         10.  Submit to the council, and make available to the

 2  public, a complete report on finances and administrative

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

 4         11.  Sign contracts on behalf of the village to the

 5  extent authorized by ordinance.

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

 7  charter or as may be required by the council.

 8         13.  By letter filed with the clerk, the manager shall

 9  designate, subject to approval of the council, a qualified

10  village employee to exercise the powers and perform the duties

11  of manager during his or her temporary absence or disability.

12  During such absence or disability, the council may revoke such

13  designation at any time and appoint another employee of the

14  village to serve until the manager shall return or his or her

15  disability shall cease.

16         (d)  VILLAGE CLERK.--The village manager shall appoint

17  a village clerk, referred to as the "clerk."  The clerk shall

18  give notice of council meetings to its members and the public,

19  shall keep minutes of its proceedings, and shall perform such

20  other duties as the council or manager may prescribe from time

21  to time.  The clerk shall report to the village manager.

22         (5)  VILLAGE ATTORNEY.--The village attorney shall be

23  the chief legal officer of the village.

24         (a)  Qualifications.--The village attorney shall be a

25  member of The Florida Bar in good standing.

26         (b)  Office.--The village attorney shall be required to

27  maintain an office in the Florida Keys between mile marker

28  zero and mile marker sixty.

29         (c)  Powers and duties.--The village attorney:

30         1.  Shall serve as chief legal advisor to the council,

31  the charter officers, and all village departments, offices,

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 563

    Amendment No. 01 (for drafter's use only)





 1  and agencies.

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

 3  approved by the council.

 4         3.  Shall attend council meetings unless excused by the

 5  council, and shall perform such professional duties as may be

 6  required by law or by the council in furtherance of the law.

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

 8  the office of the village attorney and shall submit this

 9  budget to the village manager for inclusion in the annual

10  village budget, in accordance with uniform village procedures.

11         Section 6.  ELECTIONS.--

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

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

14  who registers in the manner prescribed by law shall be an

15  elector of the village.

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

17  councilors and the mayor shall be conducted on a nonpartisan

18  basis without any designation of political party affiliation.

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

20  village who wishes to become a candidate for a village

21  elective office shall qualify with the village clerk no sooner

22  than noon on the second Tuesday in August nor later than noon

23  on the fourth Tuesday in August of the year in which the

24  election is to be held.

25         (4)  SCHEDULE FOR GENERAL ELECTIONS.--The regular

26  village elections shall be biennially on the first Tuesday

27  after the first Monday in November of each even numbered year.

28  The two candidates receiving the most votes for councilor from

29  each precinct and the candidate for mayor receiving the most

30  votes at large, shall be elected councilor and/or Mayor

31  respectively.  All ties in any election shall be decided by a

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 563

    Amendment No. 01 (for drafter's use only)





 1  flip of a coin in the presence of the candidates concerned,

 2  under the direction of the council other than any council

 3  members involved in the tie.

 4         (5)  SCHEDULE FOR OTHER ELECTIONS.--Special municipal

 5  elections shall be held in the same manner as regular

 6  elections, except that the council, by resolution, shall fix

 7  the time for holding of such elections.

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

 9  candidate qualifies for the office of mayor, or if only two

10  candidates qualify for the office of councilor in either of

11  precincts 16 or 17, said candidates shall be deemed to be

12  elected.  If two or more candidates qualify for the office of

13  mayor, or three or more candidates qualify for council members

14  in either of precincts 16 or 17, the names of those candidates

15  shall be placed on the ballot at the general election.  In the

16  event not more than one person qualifies as a candidate for

17  the office of mayor, or, if not more than two persons qualify

18  as candidates for the council seats for either of precincts 16

19  or 17, those seats or offices shall not be listed on the

20  village election ballot.  Each such candidate is deemed to

21  have voted for himself or herself and shall be declared the

22  winner.

23         (7)  CANVASSING BOARD.--

24         (a)  For general elections which are held in

25  conjunction with Monroe County, or federal elections, the

26  canvassing board will be the Monroe County canvassing board.

27         (b)  For special village elections held at times other

28  than general elections there shall be a village canvassing

29  board which shall be comprised of the village clerk and two

30  electors of the village chosen prior to the election by the

31  village council.  The village clerk shall act as chairperson.

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 563

    Amendment No. 01 (for drafter's use only)





 1  At the close of the polls of any village election, or as soon

 2  thereafter as practical, the canvassing board shall meet at a

 3  time and place designated by the chairperson and shall proceed

 4  to publicly canvass the vote as shown by the returns then on

 5  file in the office of the village clerk, and then shall

 6  publicly canvass the absentee elector ballots.  The canvassing

 7  board shall prepare and sign a certificate containing the

 8  total number of votes cast for each candidate or other measure

 9  voted upon.  The certificate shall be placed on file with the

10  village clerk.

11         (8)  RECALL OF VILLAGE COUNCIL MEMBERS.--Any member of

12  the council may be removed from office by the electors of the

13  village following the procedures for recall established by

14  general law of Florida.

15         (9)  INITIATIVE AND REFERENDUM.--

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

17         1.  Initiative.--The electors of the village shall have

18  the power to propose ordinances to the council.  If the

19  council fails to adopt an ordinance so proposed without any

20  change in substance, the electors may adopt or reject the

21  ordinance, at a village election, provided that such power

22  shall not extend to the annual budget or capital program or

23  any ordinance appropriating money, levying taxes, or setting

24  salaries of village officers or employees.

25         2.  Referendum.--

26         a.  The council shall have the power, by resolution, to

27  call for a referendum vote by the electors of the village at

28  any time, provided that the purpose of such referendum is

29  presented to the village at a public hearing at least 60 days

30  prior to the adoption of said resolution.  Any resolution

31  calling for a referendum vote of the electors of the village

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 563

    Amendment No. 01 (for drafter's use only)





 1  must be passed by the affirmative vote of not less than

 2  three-fifths of the members of the council.

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

 4  require reconsideration by the council of any adopted

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

 6  reconsidered, to approve or reject it at a village election,

 7  provided that such power shall not extend to the annual budget

 8  or capital program or any ordinance appropriating money,

 9  levying taxes, or setting salaries of village officers or

10  employees.

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

12  commence initiative or referendum proceedings by filing with

13  the village clerk an affidavit stating that they shall

14  constitute the petitioner's committee and be responsible for

15  circulating the petition and filing it in proper form stating

16  their names and addresses and specifying the address to which

17  all notices to the committee are to be sent, and setting out

18  in full the proposed initiative ordinance or citing the

19  ordinance sought to be reconsidered.  Promptly after the

20  affidavit of the petitioner's committee is filed, the village

21  clerk shall issue the appropriate petition blanks to the

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

23         (c)  Petitions.--

24         1.  Initiative and referendum petitions scheduled for a

25  regular general election must be signed by electors of the

26  village equal in number to at least 10 percent of the total

27  number of electors registered to vote in the last regular

28  village election.  Initiative and referendum petitions

29  scheduled for a special election must be signed by qualified

30  voters of the village equal in number to at least 20 percent

31  of the total number of qualified voters registered to vote in

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 563

    Amendment No. 01 (for drafter's use only)





 1  the last regular village election.

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

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

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

 5  person signing.  Petitions shall contain or have attached

 6  thereto throughout their circulation the full text of the

 7  ordinance proposed or sought to be reconsidered.

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

 9  when filed, an affidavit executed by the circulator thereof

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

11  number of signatures thereon, that he or she believes them to

12  be the genuine signatures of the persons whose names they

13  purport to be, and that each signer had an opportunity before

14  signing to read the full text of the ordinance proposed or

15  sought to be reconsidered.

16         4.  All petition signatures shall be checked for

17  validity by the Monroe County Supervisor of Elections.  All

18  costs for such validation shall be paid by the petitioner's

19  committee.

20         5.  Except as otherwise provided in sub-subparagraph

21  (a)2.b., all initiative and referendum petitions with

22  signatures must be filed within 60 days of the date on which

23  proceedings with respect to such initiative or referendum are

24  commenced pursuant to section 6(9)(b)of this charter, and all

25  requirements of the process must be completed no later than 90

26  days following the date of filing said initiative or

27  referendum petition.

28         6.  Referendum and initiative petitions seeking a

29  special municipal election under (c)1. shall be titled

30  "Proposed Special Municipal Election." Immediately after the

31  title, the petition shall state the following:  "By signing

                                  21

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 563

    Amendment No. 01 (for drafter's use only)





 1  this petition, I am requesting that a special election be held

 2  for this question, instead of the scheduling of this question

 3  for the next general municipal, county, or statewide election.

 4  I understand that the additional cost to the Village of

 5  Paradise Islands to hold such a special election is

 6  anticipated to be $          , as determined by the village

 7  clerk."

 8         (d)  Procedure for filing.--

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

10  referendum petition is filed, the village clerk shall complete

11  a certificate as to its sufficiency, specifying, if it is

12  insufficient, the particulars wherein it is defective and

13  shall promptly send a copy of the certificate to the

14  petitioner's committee by registered mail.  Grounds for

15  insufficiency are only those specifics in subparagraph (c)3

16  and 4 that are not met.  A petition certified insufficient for

17  lack of the required number of valid signatures may be amended

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

19  amend it with the village clerk within two business days after

20  receiving the copy of the certificate and files a

21  supplementary petition upon additional papers within 10 days

22  after receiving the copy of such certificate.  Such

23  supplementary petition shall comply with original petition

24  requirements, and within 5 days after it is filed, the village

25  clerk shall complete a certificate as to the sufficiency of

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

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

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

29  or if a petition or amended petition is certified insufficient

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

31  request the council review under subparagraph 2 within the

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 563

    Amendment No. 01 (for drafter's use only)





 1  time required, the village clerk shall promptly present a

 2  certificate to the council and such certificate shall then be

 3  a final determination as to the sufficiency of the petition.

 4         2.  If a petition has been certified insufficient and

 5  the petitioner's committee does not file notice of intent to

 6  amend it, or if an amended petition has been certified

 7  insufficient, the committee may, within 2 business days after

 8  receiving the copy of such certificate, file a request that it

 9  be reviewed by the council.  The council shall review the

10  certificate at its next meeting following the committee's

11  filing of such request and approve or disapprove it, and

12  determination shall then be final as to the sufficiency of the

13  petition.

14         (e)  Action on petitions.--

15         1.  Action by Council.--When an initiative or

16  referendum petition has been determined sufficient, the

17  council shall promptly consider the proposed initiative

18  ordinance or reconsider the referendum ordinance by voting its

19  repeal.  If the council fails to adopt a proposed initiative

20  ordinance without any change in substance within 45 days or

21  fails to repeal the referendum ordinance within 30 days, at

22  the next regularly scheduled council meeting after the date on

23  which the petition is determined to be sufficient, it shall

24  submit the proposed initiative or referendum ordinance to the

25  electors of the village.  If the council fails to act on a

26  proposed initiative ordinance or a referendum ordinance within

27  the time period specified, the council shall be deemed to have

28  failed to adopt the proposed initiative ordinance or failed to

29  repeal the referendum ordinance on the last day that the

30  council was authorized to act on such matter.

31         2.  Submission to electors.--The vote of the village on

                                  23

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 563

    Amendment No. 01 (for drafter's use only)





 1  a proposed initiative or referendum ordinance shall be held

 2  not less than 30 or more than 90 days from the date the

 3  petition was determined sufficient.  If no regular general

 4  election is to be held within the period described in this

 5  paragraph, the council shall provide for a special election,

 6  except that the council may, in its discretion, provide for a

 7  special election at an earlier date within the described

 8  period.  Copies of the proposed initiative or referendum

 9  ordinance shall be made available at the polls.

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

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

12  15th day preceding the day scheduled for a vote in a special

13  election of the village or at any time prior to the 65th day

14  preceding the day of a regular general election by filing with

15  the village clerk a request for withdrawal signed by at least

16  eight members of the petitioner's committee.  Upon the filing

17  of such request, the petition shall have no further force or

18  effect and all proceedings thereon shall be terminated.

19         (f)  Results of election.--

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

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

22  considered adopted upon certification of the election results.

23  If conflicting ordinances are approved at the same election,

24  the one receiving the greatest number of affirmative votes

25  shall prevail to the extent of such conflict.

26         2.  If a proposed initiative ordinance that was voted

27  on at a special election does not receive a majority vote of

28  qualified electors, the same or similar initiative ordinance

29  may not be put to a vote until the next regular general

30  election.

31         3.  If a majority of the qualified electors voting on a

                                  24

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 563

    Amendment No. 01 (for drafter's use only)





 1  referendum ordinance vote against it, it shall be considered

 2  repealed upon certification of the election results.

 3         4.  If a referendum ordinance that was voted on at a

 4  special election does not receive a majority vote of qualified

 5  electors for its repeal, the same or similar referendum

 6  ordinance may not be put to a vote again until the next

 7  regular general election. 

 8         Section 7.  TRANSITION SCHEDULE.--

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

10  this act shall be held on November 7, 2000, at which time the

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

12  CHAPTER       , LAWS OF FLORIDA, CREATING THE VILLAGE OF

13  PARADISE ISLANDS (Big Pine Key to the Seven Mile Bridge) AND

14  PROVIDING ITS CHARTER BE APPROVED? YES/NO."  In the event this

15  question is answered affirmatively by a majority of voters

16  voting in the referendum, the provisions of this charter will

17  take effect as provided in section 5.

18         (2)  INITIAL ELECTION OF MAYOR AND COUNCIL MEMBERS.--

19         (a)  The Monroe County Commission shall call a very

20  special election or include in a general election for the

21  election of the four councilors and the mayor to be held on

22  December 19, 2000.

23         (b)  Any individual who wishes to run for one of the

24  four initial seats on the council or for the office of mayor

25  shall qualify as a candidate with the Monroe County Supervisor

26  of Elections in accordance with the provisions of this charter

27  and general law between noon on November 13, 2000 and noon on

28  November 22, 2000.

29         (c)  For the initial election, the Monroe County

30  Commissioners shall appoint a canvassing board which shall

31  certify the results of the election.

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 563

    Amendment No. 01 (for drafter's use only)





 1         (d)  Those candidates who are elected on December 19,

 2  2000 shall take office at the initial council meeting, which

 3  shall be held at 7:00 p.m., on December 21, 2000 at the Monroe

 4  County Senior Citizen's Center on Big Pine Key.

 5         (3)  FIRST YEAR EXPENSES.--The council, in order to

 6  provide moneys for the expenses and support of the village,

 7  shall have the power to borrow money necessary for the

 8  operation of village government until such time as a budget is

 9  adopted and revenues are raised in accordance with the

10  provisions of this charter.

11         (4)  TRANSITIONAL ORDINANCES AND RESOLUTIONS.--The

12  council shall adopt ordinances and resolutions required to

13  effect the transition.  Ordinances adopted within 60 days

14  after the first council meeting may be passed as emergency

15  ordinances.  These transitional ordinances, passed as

16  emergency ordinances, shall be effective for no longer than 90

17  days after adoption, and thereafter may be readopted, renewed,

18  or otherwise continued only in the manner normally prescribed

19  for ordinances.

20         (5)  TRANSITIONAL COMPREHENSIVE LAND USE PLAN AND LAND

21  DEVELOPMENT REGULATIONS.--

22         (a)  Until such time as the village adopts a

23  comprehensive plan and it has been accepted by the appropriate

24  agency, of the state, the applicable provisions of the

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

26  day the village commences corporate existence, November 15,

27  2000, shall remain in effect as the village's transitional

28  comprehensive plan.  However, all planning functions, duties,

29  and authority shall, as of December 21, 2000, be vested in the

30  village council of the Village of Paradise Islands which shall

31  be deemed the local planning agency until and unless the

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 563

    Amendment No. 01 (for drafter's use only)





 1  council establishes a separate local planning agency.   Prior

 2  to the adoption of a village comprehensive master plan, any

 3  amendment to any zoning as established in the current county

 4  land use plan shall only be by an ordinance adopted by the

 5  affirmative vote of not less than three members of the

 6  council.  Any increase in the residential density or

 7  intensity, as established in the current county land use plan

 8  which is adopted by the village shall only be by an ordinance

 9  adopted by the affirmative vote of not less than three members

10  of the council.

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

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

13  Commission of Monroe County, as set forth in these

14  transitional zoning and land use regulations, shall, as of

15  December 21, 2000, be vested in the village council of the

16  Village of Paradise Islands until such time as the council

17  delegates all or a portion thereof to another entity.

18         (c)  Subsequent to the commencement of the village's

19  corporate existence, no amendment of the comprehensive plan or

20  land development regulations enacted by the Monroe County

21  Commission shall be deemed as an amendment of the village's

22  transitional comprehensive plan or land development

23  regulations or otherwise take effect within the village's

24  corporate limits unless approved by the council.

25         (d)  In accordance with section 403.706(1), Florida

26  Statutes, the board of county commissioners shall have the

27  responsibility to transport municipal solid waste to a solid

28  waste disposal facility of the county or operate a solid waste

29  facility. The municipality must, through September 30, 2004,

30  deliver the solid waste collected within the municipality to

31  either a county solid waste transfer station or a county solid

                                  27

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 563

    Amendment No. 01 (for drafter's use only)





 1  waste 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         Section 8.  REVENUES.--

15         (1)  STATE SHARED REVENUES.--The Village of Paradise

16  Islands shall be entitled to participate in all revenue

17  sharing programs of Florida on December 1, 2000.  The

18  provisions of section 218.23(1), Florida Statutes, shall be

19  waived for the purpose of eligibility to receive revenue

20  sharing funds from December 1, 2000, through the state fiscal

21  year 2002-2003.  The provisions of section 218.26(3), Florida

22  Statutes, shall be waived for the 2000-2001 fiscal year and

23  the apportionment factors for the municipalities and counties

24  shall be re-calculated pursuant to section 218.245, Florida

25  Statutes, upon the date of incorporation.  For purposes of

26  meeting the provisions of section 218.23(1), Florida Statutes,

27  relating to ad valorem taxation, the millage levied by Monroe

28  County Fire and EMS and the Independent Mosquito Control

29  Districts may be used for an indefinite period of time.

30  Initial revised population estimates for calculating

31  eligibility for shared revenues shall be determined by the

                                  28

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 563

    Amendment No. 01 (for drafter's use only)





 1  University of Florida Bureau of Economic and Business

 2  Research.  Should the bureau be unable to provide an

 3  appropriate population estimate, the Monroe County Planning

 4  Division estimate should be utilized.

 5         (2)  GAS TAX REVENUES.--Notwithstanding the

 6  requirements of section 336.025, Florida Statues, to the

 7  contrary, the Village of Paradise Islands shall be entitled to

 8  receive local option gas tax revenues beginning April 1, 2001,

 9  in accordance with an interlocal agreement between Monroe

10  County and municipalities representing a majority of the

11  county's municipal population if such an interlocal is in

12  effect on April 1, 2001 or if there is no interlocal agreement

13  in effect on that date, then distributions shall be in accord

14  with the formula contained in section 336.025(4)(b)1., Florida

15  Statutes.

16         (3)  INFRASTRUCTURE SURTAX REVENUES.--The Village of

17  Paradise Islands shall be entitled to receive infrastructure

18  surtax revenues beginning on January 1, 2001, in accord with

19  an interlocal agreement between Monroe County and

20  municipalities representing a majority of the county's

21  municipal population if such an interlocal is in effect on

22  January 1, 2001 if there is no interlocal agreement in effect

23  on that date, according to the formula in section 218.62,

24  Florida Statutes.

25         (4)  CREATION AND ESTABLISHMENT OF VILLAGE.--For the

26  purpose of compliance with section 200.066, Florida Statutes,

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

28  village is hereby created and established effective November

29  15, 2000.  Notwithstanding anything to the contrary contained

30  herein, the village although created and established as of

31  November 15, 2000 shall be operational on or before April 1,

                                  29

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 563

    Amendment No. 01 (for drafter's use only)





 1  2001 as determined by the council. 

 2         Section 9.  GENERAL PROVISIONS.--

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

 4  in accordance with the provisions for charter amendments as

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

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

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

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

 9  petition to amend shall be established by ordinance.

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

11  employees of the village shall be subject to the standards of

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

13  In addition, the council shall, no later than 6 months from

14  the effective date of incorporation, establish by ordinance a

15  code of ethics for officials and employees of the village

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

17  such an ordinance diminish the provisions of general law.  The

18  intent of this provision of the charter is to require more

19  stringent standards than those provided under general law. 

20         Section 4.   If any section, subsection, subparagraph,

21  sentence, clause, phrase, or portion of this act, or the

22  application thereof to any person or circumstance, is held

23  invalid, the invalidity shall not affect other provisions or

24  applications of this act which can be given effect without the

25  invalid provision or application, and to this end the

26  provisions of this act are declared severable. 

27         Section 5.  This act shall take effect only upon its

28  approval by a majority vote of those qualified electors

29  residing within the proposed corporate limits of the proposed

30  Village of Paradise Islands as described in section 2 of the

31  charter, voting in a referendum election to be called by the

                                  30

    File original & 9 copies    02/08/00
    hca0012                     02:40 pm         00563-ca  -504137




                                                   HOUSE AMENDMENT

                                                   Bill No. HB 563

    Amendment No. 01 (for drafter's use only)





 1  Monroe County Commission and to be held on November 7, 2000,

 2  in accordance with the provisions of law relating to elections

 3  currently in force, except that:

 4         (1)  This section and section 7(1) of the charter shall

 5  take effect upon this act becoming a law.

 6         (2)  If the majority of the qualified voters voting in

 7  the village as described in section 2 of the charter do not

 8  approve this act then this act shall not take effect.

 9         (3)  If approved by a majority of the qualified voters

10  voting in the village as described in section 2 of the

11  charter, section 2, and sections 7(2) and 8(4) of the charter

12  shall take effect upon certification of the election results

13  by the Monroe County Supervisor of Elections, and the

14  remainder of this act shall take effect November 15, 2000.

15

16

17  ================ T I T L E   A M E N D M E N T ===============

18  And the title is amended as follows:

19         On page 1, lines 2-31 and on page 2, lines 1-21,

20  remove from the title of the bill:  all of said lines

21

22  and insert in lieu thereof:

23         An act relating to Monroe County; creating the

24         "Village of Paradise Islands"; providing

25         legislative intent; powers; providing for its

26         charter; providing for municipal powers;

27         providing municipal boundaries; providing a

28         mayor-council-manager form of government;

29         providing for election of a mayor and council;

30         providing for membership, qualifications,

31         terms, powers, and duties of its members,

                                  31

    File original & 9 copies    02/08/00
    hca0012                     02:40 pm         00563-ca  -504137




                                                   HOUSE AMENDMENT

                                                   Bill No. HB 563

    Amendment No. 01 (for drafter's use only)





 1         including the mayor; providing for a vice

 2         mayor; providing for compensation and payment

 3         of expenses; providing general powers and

 4         duties; providing circumstances resulting in

 5         vacancy in office; providing grounds for

 6         forfeiture and suspension; providing for

 7         filling of vacancies; providing for meetings;

 8         providing for keeping of records; providing for

 9         adoption, distribution, and recording of

10         technical codes; providing a limitation upon

11         employment of council members; providing that

12         certain interference with village employees

13         shall constitute malfeasance in office;

14         establishing the fiscal year; providing for

15         adoption of annual budget and appropriation;

16         providing amendments for supplemental,

17         reduction, and transfer of appropriations;

18         providing for limitations; providing for

19         appointment of charter offices, including a

20         village manager and village attorney; providing

21         for removal, compensation, and filling of

22         vacancies; providing for bond for village

23         manager and village clerk; providing

24         qualifications, powers, and duties; providing

25         for nonpartisan elections and for matters

26         relative thereto; providing for recall;

27         providing for initiative and referenda;

28         providing the village a transitional schedule

29         and procedures for first election; providing

30         for first-year expenses; providing for adoption

31         of transitional ordinances, resolutions,

                                  32

    File original & 9 copies    02/08/00
    hca0012                     02:40 pm         00563-ca  -504137




                                                   HOUSE AMENDMENT

                                                   Bill No. HB 563

    Amendment No. 01 (for drafter's use only)





 1         comprehensive plan, and local development

 2         regulations; providing for a solid waste

 3         collection plan; providing for accelerated

 4         entitlement to state shared revenues; providing

 5         for gas tax revenue; providing for

 6         infrastructure surtax revenues; providing for

 7         the assessment and collection of ad valorem

 8         taxes; providing for future amendments of the

 9         charter; providing for standards of conduct in

10         office;  providing for severability; providing

11         for a referendum approval; providing effective

12         dates.

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    File original & 9 copies    02/08/00
    hca0012                     02:40 pm         00563-ca  -504137