HB 0909 2003
1	A bill to be entitled
2	An act relating to Lee County; creating the Village of
3	Captiva Charter; providing a popular name; providing
4	legislative intent; providing for incorporation; providing
5	for a council-manager form of government and its powers
6	and duties; providing for a village council and its
7	membership, including mayor, vice-mayor, and mayor pro
8	tem, qualifications and terms of office, powers and
9	duties, absence of compensation, expenses, and prescribed
10	procedures relating to vacancies, including forfeiture of
11	office, suspension, and recall; providing for meetings;
12	providing for recordkeeping; providing certain
13	restrictions; providing for charter officers and their
14	appointment, removal, compensation, filling of vacancies,
15	qualifications, and powers and duties; establishing a
16	fiscal year; providing for a budget, appropriations,
17	amendments, and limitations; providing for elections and
18	matters relating thereto; defining boundaries of the city;
19	specifying general provisions relating to charter review
20	and amendment and standards of conduct; providing for
21	severability; providing for a referendum, initial election
22	of council members, transition services and compensation,
23	first-year expenses, specified transitional matters, and
24	state shared and gas tax revenues; providing effective
25	dates.
26
27	Be It Enacted by the Legislature of the State of Florida:
28
29	Section 1. Popular name.--This act, together with any
30	future amendments thereto, may be known by the popular name the
31	"Village of Captiva Charter," hereinafter referred to as "the
32	charter."
33	Section 2. Legislative intent.--The Legislature finds and
34	declares that:
35	(1) The area in Lee County known as Captiva Island
36	includes a compact and contiguous urban community amenable to
37	separate municipal government.
38	(2) It is in the best interests of the public health,
39	safety, and welfare of the citizens of this community to form a
40	separate municipality for Captiva Island with all powers and
41	authority necessary to provide efficient and adequate municipal
42	services to its residents.
43	Section 3. Incorporation of municipality.--
44	(1) There is created, effective November 6, 2003, in Lee
45	County, Florida, a new municipality to be known as the Village
46	of Captiva.
47	(2) The corporate boundaries of the Village of Captiva
48	("the Village") shall be as described in section 9.
49	(3) The Village of Captiva shall operate under a council-
50	manager form of government. The general duties of the village
51	council, as described in section 5, shall be to set policy. The
52	general duties of the village manager, as described in section
53	6, shall be to carry out those policies.
54	Section 4. Municipal powers.--The Village shall be a body
55	corporate and politic and shall have all the powers of a
56	municipality under the State Constitution and the laws of the
57	state, as fully and completely as though such powers were
58	specifically enumerated in this charter, unless otherwise
59	prohibited by or contrary to the provisions of this charter.
60	The Village shall have all governmental, corporate, and
61	proprietary powers necessary to enable it to conduct municipal
62	government, perform municipal functions, and render municipal
63	services, and may exercise any power for municipal purposes
64	unless expressly prohibited by the Florida Constitution or by
65	law. The powers of the Village shall be liberally construed in
66	favor of the Village.
67	Section 5. Village council.--
68	(1) VILLAGE COUNCIL; COMPOSITION, QUALIFICATIONS FOR
69	OFFICE.--
70	(a) Composition.--
71	1. There shall be a village council consisting of 5
72	members who shall be electors of the village elected at large to
73	seats numbered 1, 2, 3, 4, and 5.
74	(b) Qualifications for office.--
75	1. Each candidate for office shall be a qualified elector,
76	as defined in general law, of the Village.
77	2. Each individual seeking to qualify as a candidate for
78	one of the seats on the council, at the time of qualification:
79	a. Shall reside within the boundaries of the Village.
80	b. Shall submit a petition supporting his or her candidacy
81	to the village clerk containing the signatures of at least 1
82	percent of the electorate residing within the Village, as
83	identified in the most recent decennial census, from which he or
84	she seeks to run, or shall pay to the village clerk a qualifying
85	fee of $60.
86	c. Shall designate by seat number not more than one seat
87	for which he or she seeks to run.
88	3. Additionally, for the initial election
89	following the referendum approving the creation of the Village,
90	candidates for office shall qualify as provided in subsection
91	(3) of section 13.
92	(2) TERMS OF OFFICE.--
93	(a) The term of office for each member shall be 4 years.
94	However, in order to provide for staggering of terms, the
95	initial terms of office for Seats 1, 3, and 5 shall be 4 years,
96	and those of Seats 2 and 4 shall be 2 years.
97	(b) Each council member shall remain in office until his
98	or her successor is elected and assumes the duties of the
99	position at the first regular meeting after the regular election
100	which shall be held in accordance with village ordinance.
101	(3) POWERS AND DUTIES OF COUNCIL.--Except as otherwise
102	prescribed herein or as provided by law, legislative and police
103	powers of the Village shall be vested in the council. The
104	council shall provide for the exercise of its powers and for the
105	performance of all duties and obligations imposed on the Village
106	by law.
107	(4) POWERS AND DUTIES OF THE MAYOR, VICE-MAYOR, AND MAYOR
108	PRO TEM.--
109	(a) Election of mayor.--The council shall elect from its
110	members a mayor and a vice mayor. The election shall be held at
111	the first regular meeting of the council after the regular city
112	election in election years and at the first regular meeting in
113	December in non-election years. The date of the election in
114	non-election years may be amended by council by ordinance to
115	coincide with changes in dates for regular elections.
116	(b) Powers.--The mayor and the vice mayor shall have the
117	same powers and duties as any other council member. In
118	addition to the regular powers invested in any other council
119	member, the mayor and, in the absence of the mayor, the vice
120	mayor, shall be recognized by the Governor for purposes of
121	military law; shall have the power to declare an emergency
122	situation; shall have the power for service of process, and
123	execution of contracts, deeds, and other documents; and shall
124	have the power to represent the Village in all agreements with
125	other governmental entities or certifications to other
126	governmental entities that the council has approved.
127	(c) Duties.--In addition to his or her regular duties, the
128	mayor and, in the absence of the mayor, the vice mayor, shall
129	preside at meetings of the council and be recognized as the head
130	of Village government for all ceremonial occasions. The mayor or
131	vice mayor shall have no administrative duties other than those
132	necessary to accomplish these actions, or such other actions as
133	may be authorized by the council, consistent with general or
134	special law.
135	(d) Mayor Pro Tem.--In the absence of the mayor and vice
136	mayor, the remaining council members shall select a council
137	member to serve as mayor pro tem. The mayor pro tem shall have
138	the same powers and duties as the mayor for the period of the
139	absence.
140	(5) COMPENSATION AND EXPENSES.--
141	(a) Compensation.--The council members, including the
142	mayor, shall not receive compensation for their services.
143	(b) Expenses.--The council may provide for reimbursement
144	of actual and necessary expenses incurred by its members while
145	performing their official duties.
146	(6) VACANCIES; FORFEITURE OF OFFICE; SUSPENSION; RECALL;
147	FILLING OF VACANCIES.--
148	(a) Vacancies.--A vacancy in the office any council member
149	shall occur upon the death of the incumbent, removal from office
150	as authorized by law, resignation, appointment to other public
151	office which creates dual office holding, judicially determined
152	incompetence, or forfeiture of office as described in paragraph
153	(b).
154	(b) Forfeiture of office.--A council member shall
155	forfeit the office upon determination by the council, acting as
156	a body, that he or she:
157	1. Lacks at any time, or fails to maintain during the term
158	of office, any qualification for the office prescribed by this
159	charter or as otherwise required by law;
160	2. Is convicted of a felony, or enters a plea of guilty or
161	nolo contendere to a crime punishable as a felony, even if
162	adjudication of guilt has been withheld;
163	3. Is convicted of a first degree misdemeanor arising
164	directly out of his or her official conduct or duties, or enters
165	a plea of guilty or nolo contendere thereto, even if
166	adjudication of guilt has been withheld;
167	4. Is found to have violated any standard of conduct or
168	code of ethics established by law for public officials and has
169	been suspended from office by the Governor, unless subsequently
170	reinstated as provided by law; or
171	5. Is absent from three consecutive regular council
172	meetings without being excused by the council.
173	(c) Suspension from office.--The council member shall be
174	suspended from office by the council, acting as a body, upon
175	return of an indictment or issuance of an information charging
176	the council member or mayor with any crime which is punishable
177	as a felony or with any crime arising out of his or her official
178	conduct or duties which is punishable as a misdemeanor.
179	1. During the period of suspension, the council member
180	shall not perform any official act, duty, or function, or
181	receive any allowance, emolument, or privilege of office.
182	2. If the council member is subsequently found not guilty
183	of the charge, or if the charge is otherwise dismissed or
184	altered so that suspension would no longer be required as
185	provided herein, the suspension shall be lifted by the council,
186	and the council member or mayor shall be entitled to receive
187	full back allowances and such other emoluments as he or she
188	would have been entitled to had the suspension not occurred.
189	(d) Recall.--The electors, following the procedures for
190	recall established by general law or ordinance, may remove any
191	member of the council from office.
192	(e) Filling of vacancies.--
193	1. If a vacancy occurs in the office of mayor, the vice
194	mayor shall assume the position of mayor.
195	2. If a vacancy occurs in the office of any council member
196	within the first 2 years of a term, the office shall be filled
197	by appointment within 30 days following the occurrence of such
198	vacancy by majority vote of the remaining council members. Such
199	appointment shall last until the next regularly scheduled
200	election, at which time the seat shall be declared open and an
201	election held for the remaining 2 years of the original term,
202	thus continuing the original staggering of seats.
203	3. If a vacancy occurs in the office of any council member
204	within the last 2 years of a term, the office shall be filled by
205	appointment within 30 days following the occurrence of such
206	vacancy by majority vote of the remaining council members. Such
207	appointments shall last until the next
208	regularly scheduled election, at which time the seat shall be
209	declared open and an election held for the regular 4-year term.
210	4. If a vacancy occurs as a result of a recall petition,
211	such vacancy shall be filled by special election as outlined in
212	subparagraph 2. above, for the remainder of the term.
213	5. Any person appointed to fill a vacant seat on the
214	council is required to meet all the qualifications for office
215	except the petition requirement.
216	6. During the initial term of council after incorporation
217	if, for any reason other than recall, a vacancy occurs in the
218	office of seats numbered 2 or 4 the office shall be filled by
219	appointment within 30 days following the occurrence of such
220	vacancy by majority vote of the remaining council members. Such
221	appointment shall last until the next regularly scheduled
222	election, at which time the seat shall be declared open and an
223	election held for the remainder of the term, thus continuing the
224	original staggering of seats.
225	(7) COUNCIL MEETINGS; ORGANIZATIONAL MEETING, QUORUM,
226	SPECIAL MEETINGS.--The council shall meet regularly at least
227	once a month, except that it may, by ordinance, provide for no
228	regular meetings in any or all of the following months: June,
229	July, and August, at such times and places as the council may
230	prescribe by ordinance. Such meetings shall be public meetings
231	and shall be subject to notice and other requirements of law
232	applicable to public meetings.
233	(a) Organizational meeting.--The first meeting following a
234	general village election at which elected or reelected council
235	members are inducted into office shall be held in accordance
236	with village ordinances.
237	(b) Quorum.--A majority of the council shall constitute a
238	quorum. No action of the council shall be valid unless adopted
239	by an affirmative vote of the majority of the council members in
240	attendance, unless otherwise provided by law or ordinance or as
241	stated in this charter. All actions of the council shall be by
242	ordinance, resolution, or motion.
243	(c) Special meetings.--Special meetings may be held at the
244	call of the mayor or, in the absence of the mayor, at the call
245	of the vice-mayor. Special meetings may also be called upon the
246	request of a majority of the council members. The clerk shall
247	provide not less than 24 hours' prior notice of the meeting to
248	the public, unless a declared emergency situation exists.
249	(8) RECORDS.--The council shall, in a properly indexed
250	book kept for the purpose, provide for the authentication and
251	recording in full of all minutes of meetings, and all ordinances
252	and resolutions adopted by the council, and the same shall at
253	all times be a public record. In addition, the council shall
254	keep verbatim recordings of all meetings in accordance with
255	state law. The council shall further maintain a current
256	codification of all ordinances. Such codification shall be
257	printed and made available to the public on a continuing basis.
258	All ordinances or resolutions of the council shall be signed by
259	the mayor or, in the mayor's absence, by the vice-mayor or, in
260	the absence of both, by the mayor pro tem, and attested to by
261	the clerk.
262	(9) LIMIT OF EMPLOYMENT OF COUNCIL MEMBERS.--Council
263	members shall not be in the employment of the Village while in
264	office, nor shall any former council be employed by the Village
265	until after the expiration of 1 year from the time of leaving
266	office.
267	(10) NONINTERFERENCE BY COUNCIL.--Except for the purpose
268	of inquiry and information, the council and its
269	members, including committees thereof, are expressly prohibited
270	from interfering directly or indirectly with the supervisory
271	powers of the village manager or village attorney.
272	Section 6. Charter officers.--The designated charter
273	officers shall be the village manager and the village
274	attorney.--
275	(1) DESIGNATED CHARTER OFFICERS; APPOINTMENT; REMOVAL;
276	COMPENSATION; FILLING OF VACANCIES; CANDIDATE FOR OFFICE.--
277	(a) Appointment.--The charter officers shall be appointed
278	by a majority vote of the council and shall serve at the
279	pleasure of the council.
280	(b) Removal.--The charter officers shall be removed from
281	office only by a majority vote of the membership of council. If
282	the vote is less than unanimous, the charter officer may, within
283	7 days after the dismissal motion by the council, submit to the
284	mayor a written request for reconsideration. A reconsideration
285	hearing shall be held within 7 days after receipt of the
286	request. Any action taken by the council at the reconsideration
287	hearing shall be final.
288	(c) Compensation.--The compensation of the charter
289	officers shall be fixed by the council.
290	(d) Filling of vacancies.--The council shall begin the
291	process to fill a vacancy in the charter office of the village
292	manager or village attorney within 90 days after the vacancy
293	occurs. An acting village manager or acting village attorney
294	shall be appointed by the council during a vacancy in office of
295	the City village manager or village attorney
296	(e) Candidate for village office.--No charter officer
297	shall be a candidate for any elected village office while
298	holding a charter office position.
299	(2) VILLAGE MANAGER; QUALIFICATIONS, POWERS AND
300	DUTIES.--The village manager shall be the chief administrative
301	officer
302	of the Village. The village manager may be retained full or part
303	time, either as an employee or as an independent contractor, as
304	determined by the council.
305	(a) Qualifications.--The village manager shall be selected
306	on the basis of experience, expertise, and management ability as
307	it pertains to running municipal government.
308	(b) Power and duties.--The village manager shall:
309	1. Attend all meetings of the village council, unless
310	excused by council.
311	2. Draw and sign vouchers upon depositories and keep, or
312	cause to be kept, a true and accurate account of same. Such
313	vouchers shall be countersigned by the mayor or by the vice-
314	mayor in the event the office of mayor is vacant. If both the
315	mayor and vice mayor offices are vacant, the mayor pro tem shall
316	countersign such vouchers.
317	3. Be responsible for signature and issuance of all
318	licenses issued by the Village, issuance of receipts for all
319	moneys paid to the Village, and deposit of said moneys in the
320	proper depositories on the first banking day after receipt.
321	4. Provide administrative services as required by the
322	council.
323	5. Act as village clerk or, with council approval,
324	designate another person to act as city clerk.
325	6. Appoint, suspend, or remove any employee of the
326	Village, except those employed by the village attorney. Such
327	appointments, suspensions, and removals shall be within the
328	guidelines of stated personnel policies and procedures.
329	7. Direct and supervise the administration of all
330	departments, offices, and agencies of the Village, except
331	as otherwise provided by this charter or by law.
332	8. See that all laws, provisions of this charter, and acts
333	of the council are faithfully executed.
334	9. Prepare and submit annually a balanced budget, budget
335	message, and capital program to the council.
336	10. Keep the council fully advised as to the financial
337	condition and future needs of the Village and make
338	recommendations to the council concerning the affairs of the
339	Village.
340	11. Submit to the council, and make available to the
341	public, a complete report on finances and administrative
342	activities of the Village as of the end of each fiscal year.
343	12. Sign contracts on behalf of the Village, if delegated
344	by the council.
345	13. Perform other such duties as are specified in this
346	charter or as may be directed by the council.
347	(3) VILLAGE ATTORNEY; QUALIFICATIONS, POWERS AND
348	DUTIES.--The village attorney shall be the chief legal officer
349	of the Village. The village attorney may be retained full time
350	or part time, either as an employee or as an independent
351	contractor, as determined by the council.
352	(a) Qualifications.--The village attorney shall be a
353	member in good standing of The Florida Bar.
354	(b) Powers and duties.--The village attorney:
355	1. Shall serve as chief legal advisor to the council, the
356	village manager, and all departments, offices, advisory boards,
357	and agencies.
358	2. Shall attend all council meetings, unless excused by
359	the council, or unless a designee or alternate is approved by
360	the council, and shall perform such professional
361	duties as may be required by law or by the council in
362	furtherance of the law.
363	3. Shall prepare an annual budget for the operation of the
364	office of the village attorney and shall submit this budget to
365	the village manager for inclusion in the annual budget, in
366	accordance with uniform procedures.
367	4. Shall prepare or review, and approve as to form,
368	ordinances, resolutions, and contracts.
369	Section 7. Budget and appropriations.--
370	(1) FISCAL YEAR.--The Village fiscal year shall begin on
371	October 1 of each year and end on September 30 of the succeeding
372	year.
373	(2) BUDGET ADOPTION.--The council shall, by resolution,
374	adopt a millage rate and budget on or before September 30 of
375	each year. A resolution adopting the annual budget shall
376	constitute appropriation of the amounts specified therein as
377	expenditures from funds indicated.
378	(3) APPROPRIATION AMENDMENTS DURING THE FISCAL YEAR;
379	SUPPLEMENTAL APPROPRIATIONS, REDUCTION OF APPROPRIATIONS,AND
380	TRANSFER OF APPROPRIATIONS; LIMITATIONS; EFFECTIVE DATE.
381	(a) Supplemental appropriations.--If, during the fiscal
382	year, revenues in excess of those estimated in the budget are
383	available for appropriation, the council may, by resolution,
384	make supplemental appropriations for the year in an amount not
385	to exceed such excess.
386	(b) Reduction of appropriations.--Consistent with general
387	law, if, at any time during the fiscal year, it appears probable
388	to the village manager that the revenues available will be
389	insufficient to meet the amount appropriated, he or she shall so
390	report to the council without delay, indicating the estimated
391	amount of the deficit, any remedial action to be taken, and
392	recommendations as to any other steps that should be taken. The
393	council shall then take such further action as it deems
394	necessary to prevent any deficit and, for that purpose, the
395	council may by resolution reduce one or more appropriations
396	accordingly.
397	(c) Transfer of appropriations.--Consistent with general
398	law, at any time during the fiscal year, the village manager may
399	transfer all or part of any unencumbered appropriation balance
400	within a department, office, or agency of the Village to other
401	programs within the same department, office, or agency. Further,
402	upon written request of the village manager, the council may
403	transfer part or all of any unencumbered appropriation balance
404	from one department, office, or agency to another.
405	(d) Limitations; effective date.--No appropriation for
406	debt service may be reduced or transferred, no appropriation may
407	be reduced below any amount required by law to be appropriated,
408	and no appropriation may be reduced by more than the amount of
409	the unencumbered balance thereof. The transfer of
410	appropriations authorized by this section may be made effective
411	immediately upon
412	adoption.
413	Section 8. Elections.--
414	(1) ELECTORS.--Any person who is a resident of the
415	Village, who has qualified as an elector of this state, and who
416	registers in the manner prescribed by law shall be an elector of
417	the Village.
418	(2) NONPARTISAN ELECTIONS.--All elections for a village
419	elective office shall be conducted on a nonpartisan basis
420	without any designation of political party affiliation.
421	(3) QUALIFYING FOR OFFICE.--Any person who wishes to
422	become a candidate for a village elective office shall qualify
423	with the clerk no sooner than 45 calendar days and no later than
424	35 calendar days prior to the second Tuesday in September of
425	each even-numbered year. In addition, candidates shall qualify
426	as provided in paragraph (1)(b) of section 5.
427	(4) SCHEDULE FOR REGULAR ELECTIONS.--
428	(a) The regular village election shall be the first
429	Tuesday after the first Monday in November of each even-numbered
430	year. Such village elections shall be general village elections.
431	These dates as well as qualification dates may be amended by
432	council by ordinance to correspond to municipal qualification
433	and election dates that may be established by law or as a result
434	of agreement with the supervisor of elections. In such event,
435	terms shall be extended to correspond to the new election dates.
436	(b) An election to fill a vacant council seat shall be
437	held as outlined in paragraph (6)(e) of section 5.
438	(5) SCHEDULE FOR SPECIAL ELECTIONS.--Special municipal
439	elections shall be held in the same manner as regular elections
440	and the council shall, by resolution or, if required, by
441	ordinance fix the time for holding of such elections.
442	(6) DETERMINATION OF ELECTION TO OFFICE.--
443	(a) If only one candidate qualifies for an office, i.e.,
444	a council seat, that candidate shall be deemed to be elected and
445	shall not be placed on either the general or the primary ballot.
446	(b) If two or more candidates qualify for an office, the
447	names of those candidates shall be placed on the ballot at the
448	general village election. The candidate receiving the majority
449	of the votes cast shall be deemed to be elected.
450	(c) The candidate receiving the highest number of votes
451	cast for the office in the general village election shall be
452	elected to such office. If the vote at the general village
453	election results in a tie, the outcome shall be determined as
454	follows:
455	1. At the first regularly scheduled council meeting after
456	the election, the Supervisor of Elections of Lee County shall
457	toss a coin. In alphabetical order, the two candidates shall
458	call the coin.
459	2. The candidate whose call matches the coin toss shall be
460	declared the winner.
461	(7) VILLAGE CANVASSING BOARD.--For purposes of certifying
462	absentee ballots and election results, council shall be known as
463	the canvassing board. At the close of the polls of any village
464	election, the canvassing board shall ensure that the absentee
465	ballots are delivered to the Lee County Supervisor of Elections,
466	and shall meet at the county election headquarters and proceed
467	to certify the ballots and open them in the presence of a
468	representative of the supervisor of elections office. In
469	addition, after final election results are certified by the Lee
470	County Supervisor of Elections, the canvassing board shall
471	immediately report the results back to a meeting of the council
472	held for the purpose of final certification and filing with the
473	clerk as required law.
474	Section 9. Land description.--
475	VILLAGE BOUNDARIES.--The initial corporate boundaries shall
476	be as hereinafter described. At any time after incorporation,
477	boundaries may be changed in accordance with general laws
478	regarding annexation without amendments to the charter.
479	A corporate limits line lying offshore from Captiva
480	Island in Portions of Townships 45 & 46 South, Range
481	21 East,
482	Lee County, Florida, which line is described as
483	follows: From a point designated “A” on the centerline
484	of Blind Pass and 2,640 feet offshore from the mean
485	high tide line of Sanibel Island and lying in the Gulf
486	of Mexico, said point having an approximate position
487	of Latitude 26( 28’ 26” North and Longitude 082( 11’
488	13” West and being referenced in the Corporate Limits
489	description of the City of Sanibel in Article II,
490	Section 2.01, of the Sanibel Charter, run
491	northeasterly along said centerline for 2,280 feet,
492	more or less to a point designated “B” lying in said
493	Gulf and 500 feet offshore from the mean high tide
494	line of said Captiva Island having an approximate
495	position of Latitude 26( 28’ 47” North and Longitude
496	082( 11’ 03” West and the Point of Beginning. From said
497	Point of Beginning run northwesterly, northerly and
498	Northwesterly long a line in said Gulf and being 500
499	feet offshore from the mean high tide line of said
500	from the mean high tide line of said Captiva Island
501	for 5.3 miles, more or less to a point designated “C”
502	at an intersection with the centerline of Redfish
503	Pass, said point having an approximate position of
504	Latitude 26( 33’ 15” North and Longitude 082( 12’ 20”
505	West; thence run easterly along said centerline for
506	0.5 miles, more or less to a point designated “D” at
507	an intersection with a line in Pine Island Sound that
508	is 500 feet offshore from the mean high tide line of
509	said Captiva Island, said point having an approximate
510	position of Latitude 26( 33’ 15” North and Longitude
511	082( 11’ 49” West; thence run southeasterly along said
512	line, being offshore from said mean high water and
513	shoals lying offshore and easterly of said Captiva
514	Island for 2 miles, more or less to a point designated
515	“E” having an approximate position of Latitude 26( 31’
516	50” North and Longitude 082( 10’ 45” West; thence run
517	southwesterly for 1.5 miles, more or less to a point
518	designated “F” on the centerline of Roosevelt Channel,
519	said point having an approximate position of Latitude
520	26( 30’ 38” North and Longitude 082( 11’ 16” West;
521	thence run southeasterly, southwesterly and
522	southeasterly for 1.8 miles, more or less to a point
523	designated “G” at an intersection with the centerline
524	of said Blind Pass, said point having an approximate
525	position of Latitude 26( 29’ 12” North and Longitude
526	082( 10’ 51” West; thence run southwesterly for 0.5
527	miles, more or less to the Point of Beginning.
528	Section 10. No effect on special districts.--Nothing in
529	this charter shall affect the status of special districts
530	existing on the effective date of this act within the territory
531	encompassed by the Village.
532	Section 11. General provisions.--
533	(1) CHARTER AMENDMENT.--This charter may be amended in
534	accordance with the provisions of the Municipal Home Rule Powers
535	Act, chapter 166, Florida Statutes, as the same may be amended
536	from time to time, or as may otherwise be provided by general
537	law. The form, content, and certification of any petition to
538	amend shall be established by ordinance.
539	(2) CHARTER REVIEW; SCHEDULE, CHARTER REVIEW COMMITTEE.--
540	(a) Schedule.--The charter shall be subjected to a
541	mandatory review no sooner than 5 years or later than 10 years
542	after the creation of the Village of Captiva and thereafter it
543	shall be reviewed at least every 10 years.
544	(b) Charter review committee.--The council shall appoint a
545	charter review committee consisting of 5 members. Each council
546	member including the mayor shall recommend for appointment one
547	member. The council shall fund this committee. The charter
548	review committee shall be appointed at least 1 year before the
549	next scheduled general election and complete its work and
550	present any recommendations for change no later than 120 days
551	before the general election. The council shall hold a minimum of
552	1 public hearing on the proposed changes to the charter prior to
553	placing the proposed changes on the scheduled general election
554	ballot.
555	(3) INITIATIVE AND REFERENDUM.--Except as prohibited by
556	general law, at least 10 percent of the qualified electorate of
557	the Village shall have the power to petition the council to
558	propose an ordinance (initiative petition) or to require
559	reconsideration of an adopted ordinance (referendum petition),
560	or to propose an amendment to this charter. If the council fails
561	to adopt such ordinance without any change in substance, or
562	amendment so proposed or to repeal or amend such adopted
563	ordinance, then the council shall place the proposed ordinance
564	or amendment to the charter, or the repeal or amendment of the
565	adopted ordinance, on the ballot no later than the next general
566	election, or 1 year from certification by council of the
567	petition, whichever occurs first. A referendum petition shall
568	be filed within 30 days after adoption by council.
569	(4) STANDARDS OF CONDUCT.--All elected officials and
570	employees of the Village shall be subject to the standards of
571	conduct for public officers and employees set by general law. In
572	addition, the council may, by ordinance, establish a code of
573	ethics for officials and employees of the Village, which may be
574	supplemental to general law, but in no case may such an
575	ordinance diminish the provisions of general law.
576	Section 12. Severability.--If any provision of this act,
577	or the application thereof to any person or circumstance, is
578	held invalid, the invalidity shall not affect other provisions
579	or applications of this act which can be given effect without
580	the invalid provision or application, and to this end the
581	provisions of this act are declared severable.
582	Section 13. Transition schedule.--
583	(1) REFERENDUM.--The referendum election called for by
584	this act shall be held on November 4, 2003,at which time the
585	following question shall be placed upon the ballot:
586	SHALL CHAPTER 2003..., LAWS OF FLORIDA, CREATING THE
587	VILLAGE OF CAPTIVA AND PROVIDING ITS HOME RULE CHARTER BE
588	APPROVED? In the event this question is answered affirmatively
589	by a majority of voters voting in the referendum, the provisions
590	of this charter shall take effect as provided herein.
591	(2) CREATION AND ESTABLISHMENT OF THE VILLAGE OF
592	CAPTIVA.--
593	For the purpose of compliance with Florida Statutes relating to
594	assessment and collection of ad valorem taxes, and for the
595	purpose of subsection (2) of section 11, the Village of Captiva
596	is hereby created and established effective November 6, 2003.
597	(3) INITIAL ELECTION OF COUNCIL MEMBERS; DATES, QUALIFYING
598	PERIOD, CERTIFICATION OF ELECTION RESULTS, INDUCTION INTO
599	OFFICE.--
600	(a) Dates.--Following the adoption of this charter in
601	accordance with subsection (1), the Lee County Commission shall
602	call a special election for the election of the council members
603	to be held on Tuesday, December 9, 2003.
604	(b) Qualifying period.--Between 12:00 Noon on Tuesday,
605	November 11, 2003, and 12:00 noon on Friday, November 14, 2003,
606	any individual who wishes to run for one of the seats on the
607	council shall qualify as a candidate with the Lee County
608	Supervisor of Elections in accordance with the provisions of
609	general law and paragraph (1)(b) of section 5 of this charter.
610	(c) Certification of election results.--For the initial
611	election, the Lee County Board of County Commissioners shall
612	appoint a canvassing board which shall certify the results of
613	the election. The candidate who receives the most votes for the
614	office, i.e., the council seat, for which the candidate has
615	qualified shall be declared the winner and shall be deemed
616	elected to that office.
617	(d) Induction into office.--Those candidates who are
618	elected on December 9, 2003, shall take office at the initial
619	village council meeting.
620	(e) Initial council meeting.--The initial village council
621	meeting shall be held at 9:00 A.M. on Tuesday, December 16,
622	2003, at the Captiva Civic Association, 11550 Chapin Lane,
623	Captiva Island, Florida 33924; or at another place within the
624	Village designated by the Lee County Board of County
625	Commissioners. The chair of the Board of County Commissioners,
626	or designee, shall preside for the purpose of calling the
627	meeting to order and electing a Mayor, after which the mayor
628	shall preside.
629	(4) TRANSITION SERVICES AND COMPENSATION.--
630	(a) It is the intent of this section that Lee County shall
631	provide and be compensated for the provision of services to the
632	Village of Captiva as budgeted for in the fiscal year 2003-2004
633	Lee County Budget during the 60-day transition period set forth
634	in subsection (6), or until such earlier time as the Village
635	shall make other arrangements for the services. The level of
636	services to be provided will be consistent with the level upon
637	which the fiscal year 2003-2004 expense budget was predicated
638	and in accordance with adopted revenues.
639	(b) It is the responsibility of the Village to adopt
640	appropriate ordinances, resolutions, or agreements as required
641	to ensure the continued collection of budgeted revenues with
642	which to fund services beginning December 16, 2003. Any revenues
643	adopted or received by the Village upon which delivery of
644	services was not predicated within the Lee County Commission's
645	fiscal year 2003-2004 adopted budget shall accrue to the
646	Village.
647	(5) FIRST-YEAR EXPENSES.--The council, in order to provide
648	additional moneys needed for the expenses and support of the
649	Village, shall have the power to borrow money necessary for the
650	operation of government until such time as a budget is adopted
651	and revenues are raised in accordance with the provisions of
652	this charter. The county shall, by January 15, 2004, provide the
653	Village with the share of the unincorporated Municipal Services
654	Taxing Unit taxes and All-Hazard Municipal Taxing Unit taxes
655	allocable to the Village for the then current year prorated from
656	the effective date of incorporation.
657	(6) TRANSITIONAL ORDINANCES AND RESOLUTIONS.--The council
658	shall adopt ordinances and resolutions required to effect the
659	transition. Ordinances adopted within 60 days after the first
660	council meeting may be passed as emergency ordinances. These
661	transitional ordinances shall be effective for no longer than 90
662	days after adoption and thereafter may be readopted, renewed, or
663	otherwise continued only in the manner normally prescribed for
664	ordinances.
665	(7) TRANSITIONAL COMPREHENSIVE PLAN AND LAND DEVELOPMENT
666	REGULATION.--Until such time as the Village shall adopt or amend
667	a comprehensive plan or land development regulation, the
668	applicable provisions of the comprehensive plan of Lee County
669	(Lee Plan) and the Lee County Land Development Code, as the same
670	exist on the day the Village commences corporate existence,
671	shall remain in effect as the Village transitional comprehensive
672	plan and land development regulation. However, all planning
673	functions, duties, and authority shall thereafter be vested in
674	the council, which shall be deemed the local planning agency
675	until the council establishes a separate local planning agency.
676	All powers and duties of the Lee County Board of County
677	Commissioners, any boards of adjustment and appeals, or other
678	applicable boards or commissions and the Office of the Lee
679	County Hearing Examiner, as set forth in these transitional
680	zoning and land development regulations, shall be vested in the
681	council of the Village until such time as the council delegates
682	all or a portion thereof to another entity. Subsequent to the
683	commencement of the Village's corporate existence, no amendment
684	of the comprehensive plan or land development regulations
685	enacted by the Lee County Commission shall be deemed an
686	amendment of the Village's transitional comprehensive plan or
687	land development regulations or shall otherwise take effect
688	within the Village's corporate limits unless approved by the
689	council, and all pending applications for permits shall be
690	subject to review and approval by the council.
691	(8) SHARED REVENUES.--The Village shall be entitled to
692	participate in all shared revenue programs of the state
693	effective on the date of incorporation. The provisions of
694	section 218.23(1), Florida Statutes, shall be waived for the
695	purpose of eligibility to receive Revenue sharing funds from the
696	date of incorporation through the state fiscal year 2006. The
697	provisions of section 218.26(3), Florida Statutes, shall be
698	waived through fiscal year 2006 and apportionment factors for
699	the municipalities and counties shall be recalculated pursuant
700	to section 218.245, Florida Statutes, upon the date of
701	incorporation. Initial population estimates for calculating
702	eligibility for shared revenues shall be determined by the
703	University of Florida Bureau of Economic and Business Research.
704	Should the bureau be unable to provide an appropriate
705	population estimate, the Lee County Department of Community
706	Services shall provide an appropriate estimate. For purposes of
707	meeting the provisions of section 218.23(1), Florida Statutes,
708	relating to ad valorem taxation, the millage levied by Captiva
709	Island Fire Control District and the Captiva Erosion Prevention
710	District may be used for an indefinite period of time. The
711	Village shall be entitled to receive local option gas tax
712	revenues beginning October 1, 2004, in accordance with an
713	interlocal agreement if executed prior to June 1, 2004. If said
714	interlocal agreement is not executed prior to June 1, 2004, the
715	distributions shall be in accordance with the lane mile formula
716	contained in section 336.025(4)(b)1., Florida Statutes.
717	(9) The new municipality will honor all existing solid
718	waste contracts in the affected geographic area subject to
719	incorporation, provided that such contracts may be honored only
720	for 5 years from the date of incorporation or the remainder of
721	the contract term, whichever is less.
722	Section 14. This act shall take effect as provided herein
723	only upon its approval by a majority vote of those qualified
724	electors residing within the proposed corporate limits of the
725	proposed Village of Captiva, as described in subsection (1) of
726	section 9, voting in a referendum election to be called by the
727	Lee County Commission and to be held in accordance with
728	subsection (1) of section 13, and the provisions of general law
729	relating to elections currently in force, except that this
730	section shall take effect upon becoming a law.