HB 993

1
A bill to be entitled
2An act relating to the City of Southport, Bay County;
3creating the City of Southport; providing a charter;
4providing legislative intent; providing for a commission-
5manager form of government; providing municipal powers;
6providing boundaries; providing for a city commission and
7its composition and qualifications; providing terms of
8office, powers, and duties of commissioners; providing for
9a mayor and vice mayor and their powers and duties;
10providing for compensation and expenses of the commission;
11providing for vacancies, forfeiture of office, and filling
12of vacancies; providing for commission meetings; providing
13for a city manager and city attorney and their
14qualifications, powers, and duties; providing for
15elections; providing for elections to be held at large
16until the commission creates voting districts; providing
17for municipal services; providing for charter amendment
18and review; providing for standards of conduct; providing
19severability; providing a transition schedule, including
20initial elections; providing for state shared revenue;
21providing for gas tax revenues; requiring a referendum;
22providing an effective date.
23
24Be It Enacted by the Legislature of the State of Florida:
25
26     Section 1.  Charter; creation.--This act shall be known and
27may be cited as the "City of Southport Charter" ("charter"), and
28the City of Southport ("city") is hereby created and
29established.
30     Section 2.  Legislative intent.--The Legislature hereby
31finds and declares that:
32     (1)  The Southport area of Bay County includes a compact
33and contiguous urban community amenable to separate municipal
34government.
35     (2)  It is in the best interests of the public health,
36safety, and welfare of the citizens of this community to form a
37separate municipality for the Southport area with all powers and
38authority necessary to provide efficient and adequate municipal
39services to its residents.
40     Section 3.  Powers.--
41     (1)  CREATION.--The city shall have a commission-manager
42form of government.
43     (2)  MUNICIPAL POWERS.--The city shall be a body corporate
44and politic and shall have all the powers of a municipality
45under the State Constitution and laws of the state, as fully and
46completely as though such powers were specifically enumerated in
47this charter, unless otherwise prohibited by or contrary to the
48provisions of this charter. The city shall have all
49governmental, corporate, and proprietary powers necessary to
50enable it to conduct municipal government, perform municipal
51functions, and render municipal services and may exercise any
52power for municipal purposes unless expressly prohibited by law.
53The powers of this city shall be liberally construed in favor of
54this city.
55     Section 4.  Corporate limits.--The following areas shall
56constitute the corporate limits of the City of Southport:
57
58BEGIN AT THE INTERSECTION OF THE NORTH LINE OF SECTION
5917, TOWNSHIP 2 SOUTH, RANGE 14 WEST, BAY COUNTY,
60FLORIDA WITH THE WEST RIGHT OF WAY LINE OF STATE ROAD
61NO. 77.  THENCE EAST ALONG THE NORTH LINE OF SECTIONS
6217, 16, AND 15 TO THE NORTHEAST CORNER OF SECTION 15,
63TOWNSHIP 2 SOUTH, RANGE 14 WEST, THENCE NORTH ALONG
64THE WEST LINE OF SECTION 11, TOWNSHIP 2 SOUTH, RANGE
6514 WEST TO THE NORTHWEST CORNER OF SAID SECTION 11.
66THENCE EAST ALONG THE NORTH LINE OF SECTIONS 11 AND
6712, TOWNSHIP 2 SOUTH, RANGE 14 WEST AND THE NORTH LINE
68OF SECTION 7, TOWNSHIP 2 SOUTH, RANGE 13 WEST TO THE
69CENTER OF CEDAR CREEK.  THENCE SOUTHERLY ALONG THE
70CENTER OF CEDAR CREEK AND DEER POINT LAKE TO THE
71MIDPOINT OF DEER POINT LAKE DAM, THENCE SOUTHWESTERLY
72ALONG THE CENTER OF NORTH BAY TO THE SOUTHERLY
73PROJECTION OF THE EAST LINE OF SECTION 4, TOWNSHIP 3
74SOUTH, RANGE 14 WEST, THENCE NORTH ALONG SAID EAST
75LINE TO THE SOUTHEAST CORNER OF SECTION 33, TOWNSHIP 2
76SOUTH, RANGE 14 WEST, THENCE WEST ALONG THE SOUTH LINE
77OF SAID SECTION 33 TO THE SOUTHERLY PROJECTION OF A
78LINE PARALLEL WITH AND 202.50 FEET EAST OF THE WEST
79LINE OF LOT 97, ST. ANDREWS BAY PECAN & FIG GROVES
80COMPANY'S SUBDIVISION, THENCE NORTH PARALLEL WITH SAID
81WEST LINE OF LOT 97 TO A LINE PARALLEL WITH AND 175
82FEET SOUTH OF THE NORTH LINE OF SAID LOT 97, THENCE
83EAST PARALLEL WITH SAID NORTH LINE OF LOT 97 FOR 455
84FEET, MORE OR LESS, TO THE EAST LINE OF SAID LOT 97,
85THENCE NORTH 175 FEET TO THE NORTHEAST CORNER OF SAID
86LOT 97, THENCE WEST 647.5 FEET, MORE OR LESS, TO THE
87NORTHEAST CORNER OF LOT 98, SAID SUBDIVISION, THENCE
88WEST ALONG THE NORTH LINE OF SAID LOT 98 AND THE
89WESTERLY PROJECTION THEREOF TO THE NORTHEAST CORNER OF
90LOT 99, SAID SUBDIVISION, THENCE NORTH ALONG THE EAST
91LINE OF LOT 94, SAID SUBDIVISION TO THE NORTHEAST
92CORNER OF SAID LOT 94, THENCE WEST ALONG THE NORTH
93LINE OF SAID LOT 94 TO THE EAST LINE OF THE "LANGLEY"
94TRACT, SAID PLAT OF ST. ANDREWS BAY PECAN & FIG GROVES
95COMPANY'S  SUBDIVISION, THENCE NORTH ALONG THE EAST
96LINE OF THE "LANGLEY" TRACT FOR 3.8 FEET TO THE NORTH
97LINE OF THE 15 FOOT STRIP DESCRIBED IN OFFICIAL
98RECORDS BOOK 1104, PAGE 666 OF THE PUBLIC RECORDS OF
99BAY COUNTY, FLORIDA, THENCE WEST FOR 15 FEET, THENCE
100SOUTH FOR 90 FEET, THENCE WEST ALONG THE NORTH LINE OF
101THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 1104,
102PAGE 666 TO THE EDGE OF NORTH BAY, THENCE
103SOUTHWESTERLY ALONG THE RIPARIAN RIGHTS LINE OF SAID
104PARCEL TO THE CENTER OF NORTH BAY, THENCE WESTERLY
105ALONG THE CENTER OF NORTH BAY TO THE SOUTHERLY
106PROJECTION OF THE WEST LINE OF THE EAST HALF OF THE
107EAST HALF OF SECTION 31, TOWNSHIP 2 SOUTH, RANGE 14
108WEST, THENCE NORTH ALONG SAID WEST LINE OF THE EAST
109HALF OF THE EAST HALF OF SAID SECTION 31 AND THE
110SOUTHERLY PROJECTION THEREOF TO THE NORTH LINE OF SAID
111SECTION 31, THENCE NORTH ALONG THE WEST LINE OF THE
112EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 30,
113TOWNSHIP 2 SOUTH, RANGE 14 WEST TO THE NORTHWEST
114CORNER OF SAID EAST HALF OF THE SOUTHEAST QUARTER,
115THENCE EAST ALONG THE NORTH LINE OF SAID EAST HALF OF
116THE SOUTHEAST QUARTER TO THE WEST LINE OF SECTION 29,
117TOWNSHIP 2 SOUTH, RANGE 14 WEST, THENCE SOUTH ALONG
118SAID WEST LINE OF SECTION 29 TO THE NORTHWEST CORNER
119OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SAID
120SECTION 29, THENCE EAST ALONG THE NORTH LINE OF SAID
121SOUTH HALF OF THE SOUTHWEST QUARTER TO THE NORTHEAST
122CORNER OF SAID SOUTH HALF OF THE SOUTHWEST QUARTER,
123THENCE NORTH ALONG THE WEST LINE OF THE EAST HALF OF
124SAID SECTION 29 TO THE NORTHWEST CORNER OF THE
125NORTHEAST QUARTER OF SAID SECTION 29, THENCE EAST
126ALONG THE NORTH LINE OF SAID SECTION 29 TO THE
127NORTHEAST CORNER OF SAID SECTION 29, THENCE NORTH
128ALONG THE WEST LINE OF SECTION 21, TOWNSHIP 2 SOUTH,
129RANGE 14 WEST TO THE NORTHWEST CORNER OF THE SOUTH
130HALF OF THE SOUTH HALF OF SAID SECTION 21, THENCE EAST
131ALONG THE NORTH LINE OF SAID SOUTH HALF OF THE SOUTH
132HALF TO THE INTERSECTION OF THE WEST RIGHT OF WAY LINE
133OF STATE ROAD NO. 77 WITH THE NORTH LINE OF SAID SOUTH
134HALF OF THE SOUTH HALF OF SECTION 21, THENCE
135NORTHWESTERLY ALONG SAID WEST RIGHT OF WAY LINE TO THE
136POINT OF BEGINNING.
137
138     Section 5.  City commission.--
139     (1)  COMPOSITION; QUALIFICATIONS FOR OFFICE.--
140     (a)  Composition.--There shall be a five-member city
141commission, consisting of a mayor and four commissioners, all
142elected from the Southport area at large. For purposes of proper
143interpretation of this charter, unless the context otherwise
144requires, the term "commissioner" shall include the mayor.
145     (b)  Qualifications for office.--
146     1.  Each candidate for the office of city commissioner
147shall be a qualified elector of this city.
148     2.  At the time of qualification, each candidate for a seat
149on the commission shall reside within the boundaries of the city
150of Southport and shall remain a resident of the city for the
151length of his or her term.
152     3.  For the initial election of commissioners and mayor and
153for each election thereafter, each individual seeking to qualify
154as a candidate for a seat on the commission shall submit a
155petition or application supporting his or her candidacy to the
156city manager (or, for the initial election, to the Supervisor of
157Elections of Bay County) containing the signatures of 1 percent
158of the electors residing within the boundaries of the City of
159Southport at large or payment of the required fee according to
160the Florida Election Code and declaring which seat he or she is
161endeavoring to obtain.
162     (2)  TERMS OF OFFICE.--The term of office for each
163commissioner shall be 4 years. In order to provide for
164staggering of terms, the initial terms of office for seats one
165and three and the mayor's seat shall be for 2 years each.
166     (3)  POWERS AND DUTIES OF COMMISSION.--Except as otherwise
167prescribed herein or provided by law, legislative and police
168powers of the city shall be vested in the commission.
169     (4)  MAYOR.--
170     (a)  Powers.--There shall be a mayor who shall be elected
171at large and who shall have the same legislative powers and
172duties as any of the other commissioners, except as herein
173provided.
174     (b)  Duties.--The mayor shall preside at the meetings of
175the commission, be recognized as the head of city government for
176ceremonial matters, and sign and execute ordinances, contracts,
177deeds, bonds, and other instruments and documents. The mayor
178shall have no administrative duties other than those necessary
179to accomplish these actions, or such other actions as may be
180authorized by city commission, consistent with general or
181special law.
182     (5)  VICE MAYOR.--
183     (a)  Election.--There shall be a vice mayor elected
184annually by the commission from among the commissioners. Such
185election shall take place at the first meeting after each
186regular city general election.
187     (b)  Powers and duties.--The vice mayor shall have the same
188legislative powers and duties as any other commissioner, except
189that he or she shall serve as acting mayor during the absence or
190disability of the mayor and, during such period, shall have the
191same duties as provided for in paragraph (4)(b). In the absence
192of the mayor and vice mayor, the remaining commissioners shall
193elect a commissioner to serve as acting mayor.
194     (6)  COMPENSATION AND EXPENSES.--
195     (a)  Compensation.--The mayor and commissioners shall serve
196without compensation for the first 3 months in office. The
197commission may determine an annual salary for commissioners or
198the mayor, but no ordinance increasing such salaries shall
199become effective until the date of commencement of the terms of
200the commissioners elected at the next regular election, except
201for an increase voted after the initial election; said salary
202increase during the initial term will become effective 91 days
203after the commissioners take office unless a later date is
204established.
205     (b)  Expenses.--The commission may provide for
206reimbursement of actual expenses incurred by members while
207performing their official duties.
208     (7)  VACANCIES; FORFEITURE OF OFFICE; FILLING OF
209VACANCIES.--
210     (a)  Vacancies.--A vacancy in the office of a commissioner
211shall occur upon the incumbent's death, removal from office as
212authorized by law, resignation, appointment to other public
213office which creates dual officeholding, judicially determined
214incompetence, or forfeiture of office as herein described.
215     (b)  Forfeiture of office.--A commissioner shall forfeit
216his or her office if he or she:
217     1.  Is determined by the commission, acting as a body, to
218lack at any time or fail to maintain during his or her term of
219office any qualification for the office as prescribed by this
220charter or otherwise required by law;
221     2.  Is convicted of a felony or enters a plea of guilty or
222nolo contendere to a crime punishable as a felony, even if
223adjudication of guilt has been withheld;
224     3.  Is found by the commission, acting as a body, to have
225violated any standard of conduct or code of ethics established
226by law for public officials and has been suspended from office
227by the Governor, unless subsequently reinstated as provided by
228law; or
229     4.  Is absent from three consecutive regular commission
230meetings without being excused by the commission.
231     (c)  Filling of vacancies.--
232     1.  If a vacancy occurs in the office of mayor, the vice
233mayor shall serve as mayor until a new mayor is elected at the
234next regularly scheduled city election and assumes the duties of
235his or her office. The commission shall fill the commissioner's
236seat temporarily vacated by the vice mayor by appointment as
237herein provided.
238     2.  If a vacancy occurs in the office of any commissioner
239other than mayor and the remainder of the unexpired term is less
240than 2 years, the remaining commissioners shall, within 30 days
241following the occurrence of such vacancy, by majority vote,
242appoint a person to fill the vacancy for the remainder of the
243unexpired term. If the remainder of the unexpired term exceeds 2
244years, the remaining commissioners shall, within 30 days
245following the occurrence of such vacancy, by majority vote,
246appoint a person to fill the vacancy until the next regularly
247scheduled city election.
248     3.  Any person appointed to fill a vacancy on the
249commission is required to meet the qualifications of the seat to
250which he or she is appointed, except the petition requirement.
251     (d)  Extraordinary vacancies.--In the event that all
252members of the council are removed by death, disability, law, or
253forfeiture of office, the Governor shall appoint an interim
254commission that shall call a special election to be held 60 to
25590 days after the interim commission's appointment. Such
256election shall be held in the same manner as the initial
257election under this charter.
258     Section 6.  City commission meetings.--The commission shall
259meet regularly at least once a month at such times and places as
260the commission may prescribe. Such meetings shall be public
261meetings and shall be subject to notice and other requirements
262of law applicable to public meetings.
263     (1)  The first meeting following a general city election at
264which elected or reelected commissioners are inducted into
265office shall be held on the first Monday following such
266election.
267     (2)  A majority of the commission shall constitute a
268quorum. No action of the commission shall be valid unless
269adopted by an affirmative vote of a majority of the
270commissioners in attendance, unless otherwise provided by law or
271stated herein. All actions of the city commission shall be by
272ordinance, resolution, or motion.
273     (3)  Special meetings may be held at the call of the mayor
274or, in his or her absence, the vice mayor. Special meetings may
275also be called upon the request of a majority of the
276commissioners. The city manager shall provide no less than 12
277hours' notice of the meeting to the public, when practical.
278     Section 7.  Designated charter officers.--
279     (1)  DESIGNATED CHARTER OFFICERS.--The initial designated
280charter officer shall be the city manager. Other charter
281officers may be appointed by majority vote of the commission.
282     (a)  Appointment.--The charter officers shall be appointed
283by a majority vote of the full commission and shall serve at the
284pleasure of the commission.
285     (b)  Removal.--The charter officers shall be removed from
286office by a majority vote of the full commission. If the vote is
287not unanimous, the charter officer may, within 7 days after the
288dismissal motion by the commission, submit to the mayor a
289written request for reconsideration. Any action taken by the
290commission at the reconsideration hearing shall be final.
291     (c)  Compensation.--The compensation of the charter
292officers shall be fixed by the city commission.
293     (d)  Filling of vacancies.--The city commission shall begin
294the process to fill a vacancy in the charter office of the city
295manager or the city attorney within 90 days after the vacancy
296occurs. An acting city manager or acting city attorney may be
297appointed by the city commission during a vacancy in office.
298     (e)  Candidate for city office.--No charter officer shall
299be a candidate for any elected office while holding his or her
300charter office position.
301     (2)  CITY MANAGER.--The city manager shall be the chief
302administrative officer of the city and shall serve at the
303direction and discretion of the city commission.
304     (a)  Qualifications.--The city manager shall be selected on
305the basis of qualifications the commissioners deem appropriate,
306including, but not limited to, experience, expertise, and
307management ability as they pertain to running municipal
308government.
309     (b)  Powers and duties.--The city manager shall:
310     1.  Attend all meetings of the city commission.
311     2.  Be responsible to the commission for the administration
312of all city affairs placed in his or her charge by majority vote
313of the commission or under this charter.
314     (3)  CITY ATTORNEY.--The commission members may contract
315with a city attorney.
316     (a)  Qualifications.--The city attorney shall be a member
317in good standing of The Florida Bar.
318     (b)  Powers and duties.--The city attorney or his or her
319designee, who shall be a lawyer and a member in good standing of
320The Florida Bar, shall:
321     1.  Attend all city commission meetings unless excused by
322the city commission.
323     2.  Perform such professional duties as may be required by
324law or by the commission in furtherance of the law.
325     3.  Be the chief legal officer of the city and serve as
326chief legal advisor to the commission, the city manager, and all
327city departments, offices, city advisory boards, and agencies.
328     Section 8.  Elections.--
329     (1)  ELECTORS.--Any person who is a resident of the city,
330who has qualified as an elector of the state, and who registers
331in the manner prescribed by law shall be an elector of this
332city.
333     (2)  NONPARTISAN ELECTIONS.--All elections for the office
334of mayor or other city commissioners shall be conducted on a
335nonpartisan basis without any designation of political party
336affiliation.
337     (3)  QUALIFICATIONS.--Candidates for the office of city
338commission member or mayor shall qualify for office by filing a
339written notice of candidacy with the designated official at such
340time and in such manner as may be prescribed by the Florida
341Election Code and as otherwise provided in this charter.
342     (4)  PROCEDURE FOR REGULAR ELECTIONS AND RUNOFF
343ELECTIONS.--
344     (a)  The regular election of the city commission members
345and mayor shall be held on the third Tuesday after the third
346Monday in April in each even-numbered year when the 4-year term
347for each respective seat has expired, in the manner provided for
348by this charter. Runoff elections, if necessary, shall be held
349on the third Tuesday after the third Monday in May in the same
350year.
351     (b)  No later than noon Friday, 3 weeks before the election
352for office, any individual who wishes to run for one of the five
353initial seats on the commission shall qualify as a candidate
354with the Bay County Supervisor of Elections in accordance with
355the provisions of this charter and general law. Each candidate
356must specify for which of the seats he or she desires to
357campaign and serve.
358     (c)1.  The Bay County Commission shall appoint a canvassing
359board of three members who are not candidates, which shall
360certify the results of the election. At least one citizen from
361the area or municipality of Southport shall be appointed to
362serve on the canvassing board.
363     2.  After the initial election, the city commissioners
364shall decide how results are certified by ordinance.
365     3.  If two or more persons qualify for a seat and none
366receive a majority of the votes cast for that seat, the two
367candidates receiving the highest number of votes shall face each
368other in a runoff election. The person receiving the highest
369number of votes at said runoff election shall be elected. The
370canvass of returns for said runoff election shall be the same as
371for a general election.
372     (d)  In the event of a tie vote for any seat, the names of
373the candidates who tied shall be placed in a box and one name
374shall be drawn by a member of the canvassing board. The
375candidate whose name is drawn from the box shall be the winning
376candidate.
377     (e)  The result of the voting, when ascertained, shall be
378certified by a return in duplicate, signed by two of the members
379of the canvassing board. One copy shall be delivered to the city
380attorney and the other copy shall be delivered to the city
381manager. Both returns are to be delivered to the city commission
382at a meeting to be held at noon on the day following
383certification of the election results. At such meeting, the city
384commission shall convey the return and announce the results of
385the election on the official record.
386     (5)  INDUCTION INTO OFFICE.--
387     (a)  Those candidates who are elected shall be inducted
388into office and take office at a meeting held at the regular
389meeting place of the commission no more than 30 days after the
390final election requirements are determined to be in compliance.
391     (b)  Initial elections shall be held after the referendum
392for incorporation as stated in section 12.
393     (6)  RECALL OF CITY COMMISSIONERS.--Any member of the city
394commission may be removed from office by the electors of the
395city following the procedures of recall established in general
396law.
397     (7)  DISTRICT BOUNDARIES.--
398     (a)  Elections shall be held at large until such time as
399the commissioners pass an ordinance providing for voting
400districts.
401     (b)  In the event that the commissioners pass an ordinance
402providing for voting districts, such districts shall come up for
403review every 5 years after the first election they are in use,
404unless an earlier review is determined necessary by the
405supervisor of elections and the commission.
406     Section 9.  Southport area municipal services.--After the
407first general election, the city commissioners may authorize the
408city manager to enter into contracts for municipal services on
409behalf of the City of Southport. Before a city manager is hired,
410the mayor is authorized to enter into contracts for services on
411behalf of the city.
412     Section 10.  General provisions.--
413     (1)  CHARTER AMENDMENT.--This charter may be amended in
414accordance with the provisions of the Municipal Home Rule Powers
415Act, chapter 166, Florida Statutes, or as may otherwise be
416provided by general law. The form, content, and certification of
417any petition to amend the charter shall be established by
418ordinance.
419     (2)  CHARTER REVIEW.--The standards for charter review
420shall be established by ordinance.
421     (3)  INITIATIVE AND REFERENDUM.--At least 25 percent of the
422qualified electorate of the city shall have the power to
423petition to propose an ordinance or to require reconsideration
424of an adopted ordinance, and if the commission fails to adopt
425such ordinance so proposed or to repeal such adopted ordinance
426without any change in substance, then the commission shall place
427the proposed ordinance or the repeal of the adopted ordinance on
428the ballot at the next general election.
429     (4)  STANDARDS OF CONDUCT.--All elected officials and
430employees of the city shall be subject to the standards of
431conduct for public officials and employees set by general law.
432In addition, the city commission may by ordinance establish a
433code of ethics for officials and employees of the city which may
434be supplemental to the general law, but in no case may such an
435ordinance diminish the provisions of general law.
436     Section 11.  Severability.--If any provision of this act or
437the application thereof to any person or circumstance is held
438invalid, the invalidity shall not affect other provisions or
439applications of this act which can be given effect without the
440invalid provision or application, and to this end the provisions
441of this act are declared severable.
442     Section 12.  Transition schedule.--
443     (1)  REFERENDUM.--The referendum election called for the
444purposes of this act shall be held no later than 90 days from
445the date of legislative approval of this act, unless there is
446established a different municipal election date, in which case
447the election shall be on the date so established. At such time,
448the issue of whether to incorporate the City of Southport shall
449be placed upon the ballot. In the event the electorate votes
450affirmatively by a majority of electors voting in the referendum
451to incorporate and establish the City of Southport, the
452provisions of this charter shall take effect as provided herein.
453     (2)  CREATION AND ESTABLISHMENT OF CITY.--For the purpose
454of compliance with general law, relating to assessment and
455collection of ad valorem taxes, the City of Southport is hereby
456created and established effective the date this charter becomes
457law.
458     (3)  INITIAL ELECTION OF COMMISSIONERS; DATES, QUALIFYING
459PERIOD, CERTIFICATION OF ELECTION RESULTS; INDUCTION INTO
460OFFICE.--
461     (a)  Following the adoption of this charter in accordance
462with section 13, the Bay County Commission shall call a special
463election of a mayor and the other four city commissioners to be
464held as soon as possible but no more than 90 days after an
465affirmative vote to incorporate by referendum at the convenience
466of the supervisor of elections. Any necessary runoff elections
467shall be held as soon as possible but no sooner than 14 days and
468no more than 60 days after the special election at the
469convenience of the supervisor of elections.
470     (b)  No later than noon Friday, 3 weeks before the election
471of commissioners, any individual who wishes to run for one of
472the five initial seats on the commission shall qualify as a
473candidate with the Bay County Supervisor of Elections in
474accordance with the provisions of this charter and general law.
475Each candidate must specify for which of the seats he or she
476desires to campaign and serve.
477     (c)1.  The Bay County Commission shall appoint a canvassing
478board of three members who are not candidates which shall
479certify the results of the election. At least one citizen from
480the area or municipality of Southport shall be appointed to
481serve on the canvassing board.
482     2.  After the initial election, the city commissioners
483shall decide how results are certified by ordinance.
484     3.  If two or more persons qualify for a seat and none
485receives a majority of the votes cast for that seat, the two
486candidates receiving the highest number of votes shall face each
487other in a runoff election. The person receiving the highest
488number of votes at said runoff election shall be elected. The
489canvass of returns for said runoff election shall be the same as
490for a general election.
491     4.  In the event of a tie vote for any seat, the names of
492the candidates who tied shall be placed in a box and one name
493shall be drawn by a member of the canvassing board. The
494candidate whose name is drawn from the box shall be the winning
495candidate.
496     (4)  INDUCTION INTO OFFICE.--Those candidates who are
497elected shall be inducted into office and take office at the
498initial city commission meeting, which shall be held no more
499than 30 days after the final election requirements are
500determined to be in compliance at the Southport Community
501Center, located at 7334 Franklin Street, Southport, Florida.
502     (5)  TRANSITION SERVICES AND COMPENSATION.--It is intended
503that Bay County provide and be compensated for the provision of
504services for the City of Southport as budgeted for in the fiscal
505year 2006-2007 Bay County Budget as far as the revenue will
506provide. The level of services to be provided will be consistent
507with the level upon which the fiscal year 2006-2007 expense
508budget was predicted and in accordance with adopted revenue. It
509is the responsibility of the city to adopt appropriate
510ordinances, resolutions, or agreements as required to ensure the
511continued collection of budgeted revenues with which to fund
512services beginning January 1, 2007. Any revenues adopted or
513received by the City of Southport upon which delivery of
514services was not predicted within the county's fiscal year 2006-
5152007 adopted budget shall accrue to the City of Southport.
516Services that the county shall provide under the terms of this
517agreement include all services provided to the Southport
518municipal district as adopted by the Bay County Commission prior
519to the City of Southport becoming operational.
520     (6)  FIRST-YEAR EXPENSES.--The commission, in order to
521provide moneys for the expenses and support of this city, shall
522have the power to borrow money necessary for the operation of
523city government until such time as a budget is adopted and
524revenues are raised in accordance with the provisions of this
525charter.
526     (7)  TRANSITIONAL ORDINANCES AND RESOLUTIONS.--The city
527commission shall adopt ordinances and resolutions required to
528effect the transition. Ordinances adopted within 60 days after
529the first commission meeting shall be passed as emergency
530ordinances. These transitional ordinances shall be effective for
531no longer than 90 days after adoption and thereafter may be
532readopted, renewed, or otherwise continued only in the manner
533normally prescribed for ordinances.
534     (8)  TRANSITIONAL COMPREHENSIVE PLAN AND LAND DEVELOPMENT
535REGULATION.--
536     (a)  Until such time as the city adopts a comprehensive
537plan, the applicable provisions of the Comprehensive Plan of Bay
538County, as the same exists on the day the city commences
539corporate existence, shall remain in effect as the city's
540transitional comprehensive plan. However, all planning
541functions, duties, and authority shall thereafter be vested in
542the City Commission of Southport, which shall be deemed the
543local planning agency until the commission establishes a
544separate local planning agency.
545     (b)  All powers and duties of the Bay County Planning and
546Land Development Regulations Commission, any boards of
547adjustment and appeals created pursuant to statutory trade
548codes, and the Bay County Commission, as set forth in these
549traditional zoning and land use regulations, shall be vested in
550the City Commission of Southport until such time as the city
551commission delegates all or a portion hereof to another entity.
552     (c)  Subsequent to the commencement of the city's corporate
553existence, no amendment of the city's land development
554regulations enacted by the Bay County Commission shall be deemed
555as an amendment of the city's transitional comprehensive plan or
556land development regulations or shall otherwise take effect
557within the city's corporate limits unless approved by the city
558commission.
559     (9)  STATE-SHARED REVENUES; CITY PARTICIPATION IN STATE-
560SHARED REVENUES PROGRAMS.--The City of Southport shall be
561entitled to participate in the state-shared revenues programs
562effective immediately on the date of incorporation. The
563provisions of section 218.23, Florida Statutes, shall be waived
564for the purpose of eligibility to receive revenue sharing funds
565from the date of incorporation through the state fiscal year
5662006-2007. Initial population estimates for calculating
567eligibility for shared revenues shall be determined by the
568University of Florida Bureau of Economic and Business Research.
569Should the bureau be unable to provide an appropriate population
570estimate, the Bay County Planning Department shall provide an
571appropriate estimate.
572     (10)  GAS TAX REVENUES.--
573     (a)  Notwithstanding the requirements of section 336.025,
574Florida Statutes, to the contrary, the City of Southport shall
575be entitled to receive a local option gas tax revenue beginning
576January 1, 2007.
577     (b)  The gas tax distribution shall be made in accordance
578with section 336.025(4)(b)2., Florida Statutes, and in
579accordance with Bay County's previous year's lane mile
580expenditures multiplied by the number of miles of roads within
581the boundaries of Southport.
582     Section 13.  This act shall take effect only upon its
583approval by a majority vote of those qualified electors residing
584within the proposed corporate limits of the proposed City of
585Southport voting in a referendum election to be called by the
586Bay County Commission and to be held in accordance with the
587provisions of law currently in force, except that this section
588shall take effect upon becoming a law.


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