House Bill 0563

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    Florida House of Representatives - 2000                 HB 563

        By Representative Sorensen






  1                      A bill to be entitled

  2         An act relating to Monroe County; creating the

  3         "Village of Paradise Islands"; providing

  4         legislative intent; providing municipal

  5         boundaries and municipal powers; providing a

  6         mayor-council-manager form of government;

  7         providing for election of a mayor and council;

  8         providing for membership, qualifications,

  9         terms, powers, and duties of its members,

10         including the mayor; providing for a vice

11         mayor; providing for compensation and payment

12         of expenses; providing general powers and

13         duties; providing circumstances resulting in

14         vacancy in office; providing grounds for

15         forfeiture and suspension; providing for

16         filling of vacancies; providing for meetings;

17         providing for keeping of records; providing for

18         adoption, distribution, and recording of

19         technical codes; providing a limitation upon

20         employment of council members; providing that

21         certain interference with village employees

22         shall constitute malfeasance in office;

23         establishing the fiscal year; providing for

24         adoption of annual budget and appropriation;

25         providing amendments for supplemental,

26         reduction, and transfer of appropriations;

27         providing for limitations; providing for

28         appointment of charter offices, including a

29         village manager and village attorney; providing

30         for removal, compensation, and filling of

31         vacancies; providing qualifications, powers,

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  1         and duties; providing for nonpartisan elections

  2         and for matters relative thereto; providing for

  3         recall; providing for initiative and referenda;

  4         providing the village a transitional schedule

  5         and procedures for first election; providing

  6         for first-year expenses; providing for adoption

  7         of transitional ordinances, resolutions,

  8         comprehensive plan, and local development

  9         regulations; providing for accelerated

10         entitlement to state shared revenues; providing

11         for a solid waste collection plan; providing

12         for gas tax revenue; providing for a transition

13         agreement between Monroe County and the Village

14         of Paradise Islands; providing land

15         descriptions of the village; providing for

16         future amendments of the charter; providing for

17         standards of conduct in office; providing for

18         the Village of Paradise Islands to receive

19         infrastructure surtax revenues; providing for

20         severability; providing for a referendum

21         approval; providing effective dates.

22

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

24

25         Section 1.  SHORT TITLE.--This act, together with any

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

27  the "Village of Paradise Islands Charter," hereinafter

28  referred to as "the charter."

29         Section 2.  LEGISLATIVE INTENT.--The Legislature hereby

30  finds and declares that:

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

  2  County includes a compact and contiguous community of

  3  approximately 5,520 residents susceptible to urban services,

  4  and constitutes a community amenable to separate municipal

  5  government.

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

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

  8  Paradise Islands area to form a separate municipality for the

  9  area with all the powers and authority necessary to provide

10  adequate and efficient municipal services to its residents.

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

12  incorporation of the Village of Paradise Islands area will

13  serve to preserve and protect the distinctive characteristics

14  of the individual communities within the boundaries of the

15  Village of Paradise Islands.

16         Section 3.  INCORPORATION OF MUNICIPALITY; CORPORATE

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

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

19  Village of Paradise Islands, which shall have a

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

21  boundaries of the Village of Paradise Islands, hereinafter

22  referred to as "village," shall be as described in section 10.

23         Section 4.  MUNICIPAL POWERS.--The village shall be a

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

25  municipality under the State Constitution and laws of this

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

27  specifically enumerated in this charter, unless otherwise

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

29  The village shall have all governmental, corporate, and

30  proprietary powers necessary to enable it to conduct municipal

31  government, perform municipal functions, and render municipal

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  1  services, and may exercise any power for municipal services

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

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

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

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

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

  7  origin.

  8         Section 5.  VILLAGE COUNCIL.--

  9         (1)  VILLAGE COUNCIL; COMPOSITION; QUALIFICATIONS OF

10  COUNCIL MEMBERS.--

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

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

13  also considered a council member, elected from and

14  representing the village at large and two council members,

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

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

17  County Commissioners of Monroe County, and two council

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

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

20  Board of County Commissioners of Monroe County.

21         (b)  There shall be four separate councilor seats to be

22  designated as seat 1, seat 2, seat 3, and seat 4.  Candidates

23  must qualify for councilor elections by precinct, and the

24  councilors elected to those seats shall hold seats 1 through 4

25  respectively.  Seats 1 and 2 would designate the councilor

26  seats coming from precinct 16. Seats 3 and 4 would designate

27  councilor seats coming from precinct 17.

28         (c)  To qualify for office:

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

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

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

  2  allowed to register.

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

  4  councilor seat shall reside within the boundaries of the

  5  precinct for which the candidate is qualifying and, if

  6  elected, shall maintain such residency throughout his or her

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

  8  referendum approving the creation of the village, candidates

  9  for office shall qualify as provided in section 9(2).

10  Thereafter, candidates shall qualify as provided in section

11  8(3).

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

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

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

15  section 9(2) until the first general election in November of

16  the year 2002.  Each council member shall remain in office

17  until a successor is elected and assumes the duties of the

18  position, except as otherwise provided herein.  No council

19  member shall serve as either councilor or mayor for more than

20  three consecutive terms of office.  A term of office of less

21  than 365 days to fill a vacancy shall not be applied to the

22  maximum tenure of three consecutive terms of office.

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

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

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

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

27  prior to the qualification date to run for the office of

28  mayor. Failure to possess any such qualification during a term

29  of office shall be cause for forfeiture of the office, and the

30  council shall remove the mayor from office.  The mayor shall

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  1  maintain residency in the village throughout his or her term

  2  of office.

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

  4  and duties as any other council member.

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

  6  council and shall be recognized as the head of village

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

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

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

10  administrative duties other than those necessary to accomplish

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

12  the council, consistent with general or special law.

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

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

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

16  council and as acting mayor during the absence or disability

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

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

19  acting mayor.

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

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

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

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

24  receive reimbursement in accordance with Florida Statutes for

25  authorized travel and per diem expenses incurred in the

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

27  than two-thirds affirmative votes of all council members in

28  office, may elect to increase or decrease compensation by

29  ordinance.  However, no such ordinance increasing or

30  decreasing compensation shall take effect until the date of

31  commencement of the terms of council members selected at the

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  1  next regular election which follows the adoption of said

  2  ordinance.

  3         (6)  GENERAL POWERS AND DUTIES OF THE VILLAGE

  4  COUNCIL.--

  5         (a)  Except as otherwise prescribed herein or provided

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

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

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

  9  and obligations imposed on the village by law.

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

11  in any manner dictate the appointment or removal of any

12  village administrative officers or employees whom the manager

13  or any of his or her subordinates are empowered to appoint,

14  except as provided in this charter, but the council may

15  express its views and fully and freely discuss with the

16  manager anything pertaining to appointment and removal of such

17  officers and employees.

18         (c)  Except for the purpose of inquiries and

19  investigations, the council or its members shall deal with

20  village officers and employees who are subject to the

21  direction and supervision of the manager solely through the

22  manager, and neither the council nor its members shall give

23  orders to any such officer or employee, either publicly or

24  privately.

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

26  prohibit individual members of the council from closely

27  scrutinizing, by questions and personal observation, all

28  aspects of village government operations so as to obtain

29  independent information to assist the members in the

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

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

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  1  recommendations for improvement in village government

  2  operations by individual council members be made to and

  3  through the village manager, so that the manager may

  4  coordinate efforts of all village departments to achieve the

  5  greatest possible savings through the most efficient and sound

  6  means available.

  7         (e)  Any council member who shall violate the

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

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

10  court of competent jurisdiction and punishable as provided by

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

12  censure, suspension, or removal of the council member

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

14  the remaining members of the council.

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

16  FILLING OF VACANCIES.--

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

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

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

20  other public office which creates dual office holding,

21  judicially determined incompetency, or forfeiture of office as

22  described in paragraph (b).

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

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

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

26  she:

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

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

29  prescribed by this charter or otherwise required by law;

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  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, or

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

  7  adjudication of guilt has been withheld;

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

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

10  has been suspended from office by the Governor of Florida,

11  unless subsequently reinstated as provided by law; or

12         5.  Is absent from three consecutive regular council

13  meetings without justifiable reason as determined by a

14  two-thirds vote of the other members of the council, or for

15  any other reason established in this charter.

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

17  automatically suspended from office upon return of an

18  indictment or issuance of any information charging the council

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

20  any crime arising out of his or her official duties which is

21  punishable as a first degree misdemeanor.  Pursuant thereto:

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

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

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

25         2.  If the council member is subsequently found not

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

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

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

29  lifted and the council member shall be entitled to receive

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

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  1  she would have been entitled to had the suspension not

  2  occurred.

  3         (d)  Filling of vacancies.--

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

  5  other council member, the remaining council members shall,

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

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

  8  remainder of the unexpired term.

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

10  council shall be required to meet the qualifications of the

11  seat to which he or she is appointed.

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

13  conduct regular semi-monthly meetings which shall not begin

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

15  shall prescribe by resolution.  Such meetings shall be public

16  meetings within the meaning of section 286.011, Florida

17  Statutes, and shall be subject to notice and other

18  requirements of law applicable to public meetings. The council

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

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

21  Pursuant thereto:

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

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

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

25  of a majority of the councilors, consistent with section

26  286.011, Florida Statutes.  Unless of an emergency nature, the

27  person or persons calling such a meeting shall provide not

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

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

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

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

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

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

  3  notify the general public of any special meeting.

  4         (b)  Elected or reelected council members shall be

  5  inducted into office at the first regularly scheduled meeting

  6  following certification of their election.

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

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

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

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

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

12  motion.

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

14  indexed book kept for the purpose, provide for the

15  authentication and recording in full of all minutes of

16  meetings, and all ordinances and resolutions adopted by the

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

18  The council shall further maintain a current codification of

19  all ordinances.  Such codification shall be printed and shall

20  be made available for distribution to the public on a

21  continuing basis.  All ordinances or resolutions of the

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

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

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

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

26  the council and of the committees thereof shall be public, and

27  any citizens shall have access to the minutes and records

28  thereof at all reasonable times.

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

30  standard code of technical regulations by reference thereto in

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

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  1  ordinance or later amendatory ordinance.  The procedures and

  2  requirements governing such an adoption ordinance shall be

  3  prescribed for ordinances generally, except that:

  4         (a)  Requirements regarding distribution and filing of

  5  copies of the ordinance shall not be construed to require

  6  distribution and filing of copies of the adopted code of

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

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

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

10  authenticated and recorded by the village clerk.

11         (11)  LIMITATION OF EMPLOYMENT OF COUNCILORS AND

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

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

14  former councilor or mayor be employed by the village until

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

16  office.

17         (12)  REFERENDUM REQUIRED FOR CONVEYANCE OF

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

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

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

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

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

23  that the total real value meets the criteria in subparagraph

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

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

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

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

28  requiring referendum.  This provision shall not be applicable

29  to the following:

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

  2  the average of three appraisals of the property with the

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

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

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

  6  property.

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

  8  shall have the right to be heard at regular council meetings,

  9  subject to rules established by the council.

10         Section 6.  BUDGET AND APPROPRIATIONS.--

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

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

13  September 30 of the succeeding year.

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

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

16  15th day of September of each year, following a minimum of two

17  public hearings on the proposed budget.  A resolution adopting

18  the annual budget shall constitute appropriation of the

19  amounts specified therein as expenditures from funds

20  indicated.

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

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

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

24  budget are available for appropriation, the council by

25  resolution may make supplemental appropriations for the year

26  in an amount not to exceed such excess.

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

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

29  manager that the revenues available will be insufficient to

30  meet the amount appropriated, the village manager shall report

31  same to the council without delay, indicating the estimated

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

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

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

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

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

  6  appropriations accordingly.

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

  8  debt service may be reduced or transferred, and no

  9  appropriation may be reduced below any amount required by law

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

11  thereof.

12         Section 7.  CHARTER OFFICERS.--

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

14  attorney are designated as charter officers, except that the

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

16  law firm.

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

18  VACANCIES.--

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

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

21  of the council.

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

23  with the council a disclosure statement outlining any possible

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

25  have because of their position with the village.

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

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

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

29  removal.

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

31  fixed by the council.

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  1         (e)  The council shall immediately begin the process to

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

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

  4  during a vacancy in such charter office.

  5         (f)  The charter officers shall not be candidates for

  6  the council while holding their charter officer position.

  7         (3)  VILLAGE MANAGER.--The village manager shall be the

  8  chief administrative officer of the village.

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

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

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

12  of the foregoing criteria shall be used in determining the

13  ability as it pertains to running municipal government.

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

15  resident of the village within 90 days after accepting the

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

17  village for the duration of employment with the village.

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

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

20  direct and supervise the administration of all departments,

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

22  village attorney, and except as otherwise provided by this

23  charter or by law.

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

25  village or appointive administrative officer provided for, by,

26  or under this charter, except the office of village attorney,

27  and except as may otherwise be provided by law, this charter,

28  or personnel rules adopted pursuant to the charter.  The

29  village manager may authorize any administrative officer who

30  is subject to his or her direction and supervision to exercise

31

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

  2  department, office, or agency.

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

  4  and acts of the council are faithfully executed.

  5         4.  Prepare and submit the annual budget and capital

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

  7         5.  Attend meetings of the council.

  8         6.  Draw and sign vouchers upon depositories as

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

10  and accurate account of same.

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

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

13  moneys in the proper depositories on the first banking day

14  after receipt.  The village manager may delegate the

15  responsibilities of this subparagraph to an appropriate

16  village employee who shall be bonded.

17         8.  Provide administrative services in support of the

18  official duties of the mayor and the council.

19         9.  Keep the council advised as to the financial

20  condition and future needs of the village and make

21  recommendations to the council concerning the affairs of the

22  village.

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

24  public, a complete report on finances and administrative

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

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

27  extent authorized by ordinance.

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

29  charter or as may be required by the council.

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

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

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  1  village administrative officer to exercise the powers and

  2  perform the duties of manager during his or her temporary

  3  absence or disability.  During such absence or disability, the

  4  council may revoke such designation at any time and appoint

  5  another officer of the village to serve until the manager

  6  shall return or his or her disability shall cease.

  7         (4)  VILLAGE ATTORNEY.--The village attorney shall be

  8  the chief legal officer of the village.

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

10  member of The Florida Bar in good standing.

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

12  maintain an office in the Florida Keys between mile marker

13  zero and mile marker sixty.

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

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

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

17  and agencies.

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

19  approved by the council.

20         3.  Shall attend council meetings unless excused by the

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

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

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

24  the office of the village attorney and shall submit this

25  budget to the village manager for inclusion in the annual

26  village budget, in accordance with uniform village procedures.

27         Section 8.  ELECTIONS.--

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

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

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

31  elector of the village.

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

  2  councilors and the mayor shall be conducted on a nonpartisan

  3  basis without any designation of political party affiliation.

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

  5  village who wishes to become a candidate for a village

  6  elective office shall qualify with the village clerk no sooner

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

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

  9  election is to be held.

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

11  regular village elections shall be biennially on the first

12  Tuesday after the first Monday in November of each even

13  numbered year.  The candidates receiving the majority of votes

14  for councilor or mayor, for which they are running, shall be

15  elected councilor and/or mayor.  All ties in any election

16  shall be decided by a flip of a coin in the presence of the

17  candidates concerned, under the direction of the council other

18  than any council members involved in the tie.

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

20  elections shall be held in the same manner as regular

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

22  the time for holding of such elections.

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

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

25  candidates qualify for the office of councilor in either of

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

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

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

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

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

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

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

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

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

  4  village election ballot.  Each such candidate is deemed to

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

  6  winner.

  7         (7)  CANVASSING BOARD.--

  8         (a)  For general elections which are held in

  9  conjunction with Monroe County, or federal elections, the

10  canvassing board will be the Monroe County canvassing board.

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

12  than general elections there shall be a village canvassing

13  board which shall be composed of the village clerk and two

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

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

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

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

18  time and place designated by the chairperson and shall proceed

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

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

21  publicly canvass the absentee elector ballots.  The canvassing

22  board shall prepare and sign a certificate containing the

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

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

25  village clerk.

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

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

28  village following the procedures for recall established by

29  general law of Florida.

30         (9)  INITIATIVE AND REFERENDUM.--

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

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

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

  3  council fails to adopt an ordinance so proposed without any

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

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

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

  7  any ordinance appropriating money, levying taxes, or setting

  8  salaries of village officers or employees.

  9         2.  Referendum.--

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

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

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

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

14  prior to the adoption of said resolution.  Any resolution

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

16  must be passed by the affirmative vote of not less than three

17  members of the council.

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

19  require reconsideration by the council of any adopted

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

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

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

23  or capital program or any ordinance appropriating money,

24  levying taxes, or setting salaries of village officers or

25  employees.

26         c.  Notwithstanding anything in sub-subparagraph 2.b.

27  to the contrary, the referendum power shall extend to any

28  ordinance levying ad valorem taxes, provided that the

29  ordinance increases the total village tax rate above 5 mills,

30  and that all petitions with respect to the referendum are

31

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  1  filed within 60 days after the date of adoption of the

  2  ordinance.

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

  4  commence initiative or referendum proceedings by filing with

  5  the village clerk an affidavit stating that they shall

  6  constitute the petitioner's committee and be responsible for

  7  circulating the petition and filing it in proper form stating

  8  their names and addresses and specifying the address to which

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

10  in full the proposed initiative ordinance or citing the

11  ordinance sought to be reconsidered.  Promptly after the

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

13  clerk shall issue the appropriate petition blanks to the

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

15         (c)  Petitions.--

16         1.  Initiative and referendum petitions scheduled for a

17  regular general election must be signed by electors of the

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

19  number of electors registered to vote in the last regular

20  village election.  Initiative and referendum petitions

21  scheduled for a special election must be signed by qualified

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

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

24  the last regular village election.

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

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

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

28  person signing.  Petitions shall contain or have attached

29  thereto throughout their circulation the full text of the

30  ordinance proposed or sought to be reconsidered.

31

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

  2  when filed, an affidavit executed by the circulator thereof

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

  4  number of signatures thereon, that all signatures were affixed

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

  6  genuine signatures of the persons whose names they purport to

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

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

  9  reconsidered.

10         4.  Except as otherwise provided in sub-subparagraph

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

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

13  proceedings with respect to such initiative or referendum are

14  commenced pursuant to section 8(9)(b), and all requirements of

15  the process must be completed no later than 90 days following

16  the date of filing said initiative or referendum petition.

17         5.  Referendum and initiative petitions seeking a

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

19  "Proposed Special Municipal Election." Immediately after the

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

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

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

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

24  I understand that the additional cost to the Village of

25  Paradise Islands to hold such a special election is

26  anticipated to be $          , as determined by the village

27  clerk."

28         (d)  Procedure for filing.--

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

30  referendum petition is filed, the village clerk shall complete

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

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  1  insufficient, the particulars wherein it is defective and

  2  shall promptly send a copy of the certificate to the

  3  petitioner's committee by registered mail.  Grounds for

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

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

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

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

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

  9  receiving the copy of the certificate and files a

10  supplementary petition upon additional papers within 10 days

11  after receiving the copy of such certificate.  Such

12  supplementary petition shall comply with original petition

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

14  clerk shall complete a certificate as to the sufficiency of

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

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

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

18  or if a petition or amended petition is certified insufficient

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

20  request the council review under subparagraph 2 within the

21  time required, the village clerk shall promptly present a

22  certificate to the council and such certificate shall then be

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

24         2.  If a petition has been certified insufficient and

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

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

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

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

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

30  certificate at its next meeting following the committee's

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

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

  2  petition.

  3         (e)  Action on petitions.--

  4         1.  Reconsideration.--When a referendum petition is

  5  filed with the village clerk, the ordinance sought to be

  6  reconsidered shall be suspended and shall have no force or

  7  effect. Such suspension shall terminate when: there is a final

  8  determination of insufficiency of the petition, or; the

  9  petitioners' committee withdraws the petition, or; the council

10  repeals the ordinance, or; after a vote of the village on the

11  ordinance has been certified.

12         2.  Action by Council.--When an initiative or

13  referendum petition has been determined sufficient, the

14  council shall promptly consider the proposed initiative

15  ordinance or reconsider the referendum ordinance by voting its

16  repeal.  The repeal of an ordinance relating to the levy of ad

17  valorem taxes shall be by ordinance.  If the council fails to

18  adopt a proposed initiative ordinance without any change in

19  substance within 45 days or fails to repeal the referendum

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

21  authorized pursuant to sub-subparagraph (a)2.c., at the next

22  regularly scheduled council meeting after the date on which

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

24  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

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  1         3.  Submission to electors.--The vote of the village on

  2  a proposed initiative or referendum ordinance shall be held

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

  4  council acted or was deemed to have acted pursuant to

  5  subparagraph (e)1. that the petition was determined

  6  sufficient.  If no regular general election is to be held

  7  within the period described in this paragraph, the council

  8  shall provide for a special election, except that the council

  9  may, in its discretion, provide for a special election at an

10  earlier date within the described period.  Copies of the

11  proposed initiative or referendum ordinance shall be made

12  available at the polls.

13         4.  Withdrawal of petitions.--An initiative or

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

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

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

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

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

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

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

21  effect and all proceedings thereon shall be terminated.

22         (f)  Results of election.--

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

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

25  considered adopted upon certification of the election results.

26  If conflicting ordinances are approved at the same election,

27  the one receiving the greatest number of affirmative votes

28  shall prevail to the extent of such conflict.

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

30  referendum ordinance vote against it, it shall be considered

31  repealed upon certification of the election results.

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  1         Section 9.  TRANSITION SCHEDULE.--

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

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

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

  5  CHAPTER       , LAWS OF FLORIDA, CREATING THE VILLAGE OF

  6  PARADISE ISLANDS AND PROVIDING ITS CHARTER BE APPROVED?

  7  YES/NO."  In the event this question is answered affirmatively

  8  by a majority of voters voting in the referendum, the

  9  provisions of this charter will take effect as provided in

10  section 13.

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

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

13  special election or include in a general election for the

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

15  December 19, 2000.

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

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

18  shall qualify as a candidate with the Monroe County Supervisor

19  of Elections in accordance with the provisions of this charter

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

21  November 22, 2000.

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

23  Commissioners shall appoint a canvassing board which shall

24  certify the results of the election.

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

26  2000 shall take office at the initial council meeting, which

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

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

29         (3)  CREATION AND ESTABLISHMENT OF VILLAGE.--For the

30  purpose of compliance with section 200.066, Florida Statutes,

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

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  1  village is hereby created and established effective November

  2  15, 2000 notwithstanding anything to the contrary contained

  3  herein, the village although created and established as of

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

  5  2001 as determined by the council.

  6         (4)  FIRST YEAR EXPENSES.--The council, in order to

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

  8  shall have the power to borrow money necessary for the

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

10  adopted and revenues are raised in accordance with the

11  provisions of this charter.

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

13  council shall adopt ordinances and resolutions required to

14  effect the transition.  Ordinances adopted within 60 days

15  after the first council meeting may be passed as emergency

16  ordinances.  These transitional ordinances, passed as

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

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

19  or otherwise continued only in the manner normally prescribed

20  for ordinances.

21         (6)  TRANSITIONAL COMPREHENSIVE LAND USE PLAN AND LAND

22  DEVELOPMENT REGULATIONS.--

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

24  comprehensive plan, the applicable provisions of the

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

26  day the village commences corporate existence, shall remain in

27  effect as the village's transitional comprehensive plan.

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

29  as of the date the village is operational, 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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  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 be vested

15  in the village council of the Village of Paradise Islands

16  until such time as the council delegates all or a portion

17  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, 2002,

30  deliver the solid waste collected within the municipality to

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

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  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         (7)  STATE SHARED REVENUES.--The Village of Paradise

15  Islands shall be entitled to participate in all shared revenue

16  programs of Florida effective immediately on the date of

17  incorporation.  The provisions of section 218.23(1), Florida

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

19  receive revenue sharing funds from the date of incorporation

20  through the state fiscal year 2001-2002.  Section 218.26(3),

21  Florida Statutes, is waived for the 2001-2002 state fiscal

22  year, and the apportionment factors for the municipalities and

23  counties shall be re-calculated pursuant to section 218.245,

24  Florida Statutes.  Initial population estimates for

25  calculating eligibility for shared revenues shall be

26  determined by the University of Florida Bureau of Economic and

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

28  appropriate population estimate, the Monroe County Planning

29  Division estimate should be utilized.

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

31  requirements of section 336.025, Florida Statues, to the

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

  2  receive local option gas tax revenues beginning November 15,

  3  2000.

  4         Section 10.  LAND DESCRIPTION.--The corporate

  5  boundaries of the village shall be as follows:

  6

  7         All the Florida Keys and Islands north and east

  8         of a line projected at a magnetic compass

  9         heading of 325 degrees to the northwest and 215

10         degrees to the southeast from a point at the

11         centerline at the east end of the North Pine

12         Channel Bridge up to a line projected north and

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

14         including but not limited to Big Pine Key, No

15         Name Key, The Spanish Harbor Keys, Bahia Honda

16         Key, Ohio Key, Missouri Key, Little Duck Key,

17         The Newfound Harbor Keys, including Cook,

18         Coconut, Big Munson and Little Palm Islands,

19         and all land filled in between the islands, all

20         of the above within Monroe County, Florida.

21         Section 11.  GENERAL PROVISIONS.--

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

23  in accordance with the provisions for charter amendments as

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

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

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

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

28  petition to amend shall be established by ordinance.

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

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

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

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

  2  the effective date of incorporation, establish by ordinance a

  3  code of ethics for officials and employees of the village

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

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

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

  7  stringent standards than those provided under general law.

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

  9  Paradise Islands shall be entitled to receive infrastructure

10  surtax revenues beginning on November 15, 2000.

11         Section 12.  If any provisions of this act, or the

12  application thereof to any person or circumstance, is held

13  invalid, the invalidity shall not affect other provisions or

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

15  invalid provision or application, and to this end the

16  provisions of this act are declared severable.

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

18  approval by a majority vote of those qualified electors

19  residing within the proposed corporate limits of the proposed

20  Village of Paradise Islands as described in section 10, voting

21  in a referendum election to be called by the Monroe County

22  Commission and to be held on November 7, 2000, in accordance

23  with the provisions of law relating to elections currently in

24  force, except that:

25         (1)  This section and section 9(1) shall take effect

26  upon this act becoming a law.

27         (2)  If the majority of the qualified voters residing

28  in the village as described in section 10 of this charter do

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

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

31  residing in the village as described in section 10 of this

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  1  charter, section 3, section 9(2), and section 9(3) shall take

  2  effect upon certification of the election results by the

  3  Monroe County Supervisor of Elections, and the remainder of

  4  this act shall take effect November 15, 2000.

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