HB 0993CS

CHAMBER ACTION




1The Local Government Council recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to the City of Southport, Bay County;
7creating the City of Southport; providing a charter;
8providing legislative intent; providing for a commission-
9manager form of government; providing municipal powers;
10providing boundaries; providing for a city commission and
11its composition and qualifications; providing terms of
12office, powers, and duties of commissioners; providing for
13a mayor and vice mayor and their powers and duties;
14providing for compensation and expenses of the commission;
15providing for vacancies, forfeiture of office, and filling
16of vacancies; providing for commission meetings; providing
17for a city manager and city attorney and their
18qualifications, powers, and duties; providing for
19elections; providing for elections to be held at large
20until the commission creates voting districts; providing
21for municipal services; providing for charter amendment
22and review; providing for standards of conduct; providing
23severability; providing a transition schedule, including
24initial elections; providing for state-shared revenue;
25providing for gas tax revenues; requiring a referendum;
26providing an effective date.
27
28Be It Enacted by the Legislature of the State of Florida:
29
30     Section 1.  Charter; creation.--This act shall be known and
31may be cited as the "City of Southport Charter" ("charter"), and
32the City of Southport ("city") is hereby created and
33established.
34     Section 2.  Legislative intent.--The Legislature hereby
35finds and declares that:
36     (1)  The Southport area of Bay County includes a compact
37and contiguous urban community amenable to separate municipal
38government.
39     (2)  It is in the best interests of the public health,
40safety, and welfare of the citizens of this community to form a
41separate municipality for the Southport area with all powers and
42authority necessary to provide efficient and adequate municipal
43services to its residents.
44     Section 3.  Powers.--
45     (1)  CREATION.--The city shall have a commission-manager
46form of government.
47     (2)  MUNICIPAL POWERS.--The city shall be a body corporate
48and politic and shall have all the powers of a municipality
49under the State Constitution and laws of the state, as fully and
50completely as though such powers were specifically enumerated in
51this charter, unless otherwise prohibited by or contrary to the
52provisions of this charter. The city shall have all
53governmental, corporate, and proprietary powers necessary to
54enable it to conduct municipal government, perform municipal
55functions, and render municipal services and may exercise any
56power for municipal purposes unless expressly prohibited by law.
57The powers of this city shall be liberally construed in favor of
58this city.
59     Section 4.  Corporate limits.--The following areas shall
60constitute the corporate limits of the City of Southport:
61
62BEGIN AT THE INTERSECTION OF THE NORTH LINE OF SECTION
6317, TOWNSHIP 2 SOUTH, RANGE 14 WEST, BAY COUNTY,
64FLORIDA WITH THE WEST RIGHT OF WAY LINE OF STATE ROAD
65NO. 77. THENCE EAST ALONG THE NORTH LINE OF SECTIONS
6617, 16, AND 15 TO THE NORTHEAST CORNER OF SECTION 15,
67TOWNSHIP 2 SOUTH, RANGE 14 WEST, THENCE NORTH ALONG
68THE WEST LINE OF SECTION 11, TOWNSHIP 2 SOUTH, RANGE
6914 WEST TO THE NORTHWEST CORNER OF SAID SECTION 11.
70THENCE EAST ALONG THE NORTH LINE OF SECTIONS 11 AND
7112, TOWNSHIP 2 SOUTH, RANGE 14 WEST AND THE NORTH LINE
72OF SECTION 7, TOWNSHIP 2 SOUTH, RANGE 13 WEST TO THE
73CENTER OF CEDAR CREEK. THENCE SOUTHERLY ALONG THE
74CENTER OF CEDAR CREEK AND DEER POINT LAKE TO THE
75MIDPOINT OF DEER POINT LAKE DAM, THENCE SOUTHWESTERLY
76ALONG THE CENTER OF NORTH BAY TO THE SOUTHERLY
77PROJECTION OF THE EAST LINE OF SECTION 4, TOWNSHIP 3
78SOUTH, RANGE 14 WEST, THENCE NORTH ALONG SAID EAST
79LINE TO THE SOUTHEAST CORNER OF SECTION 33, TOWNSHIP 2
80SOUTH, RANGE 14 WEST, THENCE WEST ALONG THE SOUTH LINE
81OF SAID SECTION 33 TO THE SOUTHERLY PROJECTION OF A
82LINE PARALLEL WITH AND 202.50 FEET EAST OF THE WEST
83LINE OF LOT 97, ST. ANDREWS BAY PECAN & FIG GROVES
84COMPANY'S SUBDIVISION, THENCE NORTH PARALLEL WITH SAID
85WEST LINE OF LOT 97 TO A LINE PARALLEL WITH AND 175
86FEET SOUTH OF THE NORTH LINE OF SAID LOT 97, THENCE
87EAST PARALLEL WITH SAID NORTH LINE OF LOT 97 FOR 455
88FEET, MORE OR LESS, TO THE EAST LINE OF SAID LOT 97,
89THENCE NORTH 175 FEET TO THE NORTHEAST CORNER OF SAID
90LOT 97, THENCE WEST 647.5 FEET, MORE OR LESS, TO THE
91NORTHEAST CORNER OF LOT 98, SAID SUBDIVISION, THENCE
92WEST ALONG THE NORTH LINE OF SAID LOT 98 AND THE
93WESTERLY PROJECTION THEREOF TO THE NORTHEAST CORNER OF
94LOT 99, SAID SUBDIVISION, THENCE NORTH ALONG THE EAST
95LINE OF LOT 94, SAID SUBDIVISION TO THE NORTHEAST
96CORNER OF SAID LOT 94, THENCE WEST ALONG THE NORTH
97LINE OF SAID LOT 94 TO THE EAST LINE OF THE "LANGLEY"
98TRACT, SAID PLAT OF ST. ANDREWS BAY PECAN & FIG GROVES
99COMPANY'S SUBDIVISION, THENCE NORTH ALONG THE EAST
100LINE OF THE "LANGLEY" TRACT FOR 3.8 FEET TO THE NORTH
101LINE OF THE 15 FOOT STRIP DESCRIBED IN OFFICIAL
102RECORDS BOOK 1104, PAGE 666 OF THE PUBLIC RECORDS OF
103BAY COUNTY, FLORIDA, THENCE WEST FOR 15 FEET, THENCE
104SOUTH FOR 90 FEET, THENCE WEST ALONG THE NORTH LINE OF
105THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 1104,
106PAGE 666 TO THE EDGE OF NORTH BAY, THENCE
107SOUTHWESTERLY ALONG THE RIPARIAN RIGHTS LINE OF SAID
108PARCEL TO THE CENTER OF NORTH BAY, THENCE WESTERLY
109ALONG THE CENTER OF NORTH BAY TO THE SOUTHERLY
110PROJECTION OF THE WEST LINE OF THE EAST HALF OF THE
111EAST HALF OF SECTION 31, TOWNSHIP 2 SOUTH, RANGE 14
112WEST, THENCE NORTH ALONG SAID WEST LINE OF THE EAST
113HALF OF THE EAST HALF OF SAID SECTION 31 AND THE
114SOUTHERLY PROJECTION THEREOF TO THE NORTH LINE OF SAID
115SECTION 31, THENCE NORTH ALONG THE WEST LINE OF THE
116EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 30,
117TOWNSHIP 2 SOUTH, RANGE 14 WEST TO THE NORTHWEST
118CORNER OF SAID EAST HALF OF THE SOUTHEAST QUARTER,
119THENCE EAST ALONG THE NORTH LINE OF SAID EAST HALF OF
120THE SOUTHEAST QUARTER TO THE WEST LINE OF SECTION 29,
121TOWNSHIP 2 SOUTH, RANGE 14 WEST, THENCE SOUTH ALONG
122SAID WEST LINE OF SECTION 29 TO THE NORTHWEST CORNER
123OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SAID
124SECTION 29, THENCE EAST ALONG THE NORTH LINE OF SAID
125SOUTH HALF OF THE SOUTHWEST QUARTER TO THE NORTHEAST
126CORNER OF SAID SOUTH HALF OF THE SOUTHWEST QUARTER,
127THENCE NORTH ALONG THE WEST LINE OF THE EAST HALF OF
128SAID SECTION 29 TO THE NORTHWEST CORNER OF THE
129NORTHEAST QUARTER OF SAID SECTION 29, THENCE EAST
130ALONG THE NORTH LINE OF SAID SECTION 29 TO THE
131NORTHEAST CORNER OF SAID SECTION 29, THENCE NORTH
132ALONG THE WEST LINE OF SECTION 21, TOWNSHIP 2 SOUTH,
133RANGE 14 WEST TO THE NORTHWEST CORNER OF THE SOUTH
134HALF OF THE SOUTH HALF OF SAID SECTION 21, THENCE EAST
135ALONG THE NORTH LINE OF SAID SOUTH HALF OF THE SOUTH
136HALF TO THE INTERSECTION OF THE WEST RIGHT OF WAY LINE
137OF STATE ROAD NO. 77 WITH THE NORTH LINE OF SAID SOUTH
138HALF OF THE SOUTH HALF OF SECTION 21, THENCE
139NORTHWESTERLY ALONG SAID WEST RIGHT OF WAY LINE TO THE
140POINT OF BEGINNING.
141
142     Section 5.  City commission.--
143     (1)  COMPOSITION; QUALIFICATIONS FOR OFFICE.--
144     (a)  Composition.--There shall be a five-member city
145commission, consisting of a mayor and four commissioners, all
146elected from the Southport area at large. For purposes of proper
147interpretation of this charter, unless the context otherwise
148requires, the term "commissioner" shall include the mayor.
149     (b)  Qualifications for office.--
150     1.  Each candidate for the office of city commissioner
151shall be a qualified elector of this city.
152     2.  At the time of qualification, each candidate for a seat
153on the commission shall reside within the boundaries of the city
154of Southport and shall remain a resident of the city for the
155length of his or her term.
156     3.  For the initial election of commissioners and mayor and
157for each election thereafter, each individual seeking to qualify
158as a candidate for a seat on the commission shall submit a
159petition or application supporting his or her candidacy to the
160city manager (or, for the initial election, to the Supervisor of
161Elections of Bay County) containing the signatures of 1 percent
162of the electors residing within the boundaries of the City of
163Southport at large or payment of the required fee according to
164the Florida Election Code and declaring which seat he or she is
165endeavoring to obtain.
166     (2)  TERMS OF OFFICE.--The term of office for each
167commissioner shall be 4 years. In order to provide for
168staggering of terms, the initial terms of office for seats one
169and three and the mayor's seat shall be for 2 years each.
170     (3)  POWERS AND DUTIES OF COMMISSION.--Except as otherwise
171prescribed herein or provided by law, all legislative powers of
172the city shall be vested in the commission.
173     (4)  MAYOR.--
174     (a)  Powers.--There shall be a mayor who shall be elected
175at large and who shall have the same legislative powers and
176duties as any of the other commissioners, except as herein
177provided.
178     (b)  Duties.--The mayor shall preside at the meetings of
179the commission, be recognized as the head of city government for
180ceremonial matters, and sign and execute ordinances, contracts,
181deeds, bonds, and other instruments and documents. The mayor
182shall have no administrative duties other than those necessary
183to accomplish these actions, or such other actions as may be
184authorized by city commission, consistent with general or
185special law.
186     (5)  VICE MAYOR.--
187     (a)  Election.--There shall be a vice mayor elected
188annually by the commission from among the commissioners. Such
189election shall take place at the first meeting after each
190regular city general election.
191     (b)  Powers and duties.--The vice mayor shall have the same
192legislative powers and duties as any other commissioner, except
193that he or she shall serve as acting mayor during the absence or
194disability of the mayor and, during such period, shall have the
195same duties as provided for in paragraph (4)(b). In the absence
196of the mayor and vice mayor, the remaining commissioners shall
197elect a commissioner to serve as acting mayor.
198     (6)  COMPENSATION AND EXPENSES.--
199     (a)  Compensation.--The mayor and commissioners shall serve
200without compensation for the first 3 months in office. The
201commission may determine an annual salary for commissioners or
202the mayor, but no ordinance providing for such salaries shall
203become effective until the date of commencement of the terms of
204the commissioners elected at the next regular election, except
205for any annual salary provided for after the initial election.
206Any salary provided for during the initial term will become
207effective 91 days after the commissioners take office unless a
208later date is established.
209     (b)  Expenses.--The commission may provide for
210reimbursement of actual expenses incurred by members while
211performing their official duties.
212     (7)  VACANCIES; FORFEITURE OF OFFICE; FILLING OF
213VACANCIES.--
214     (a)  Vacancies.--A vacancy in the office of a commissioner
215shall occur upon the incumbent's death, removal from office as
216authorized by law, resignation, appointment to other public
217office which creates dual officeholding, judicially determined
218incompetence, or forfeiture of office as herein described.
219     (b)  Forfeiture of office.--A commissioner shall forfeit
220his or her office if he or she:
221     1.  Is determined by the commission, acting as a body, to
222lack at any time or fail to maintain during his or her term of
223office any qualification for the office as prescribed by this
224charter or otherwise required by law;
225     2.  Is convicted of a felony or enters a plea of guilty or
226nolo contendere to a crime punishable as a felony, even if
227adjudication of guilt has been withheld;
228     3.  Is found by the commission, acting as a body, to have
229violated any standard of conduct or code of ethics established
230by law for public officials and has been suspended from office
231by the Governor, unless subsequently reinstated as provided by
232law; or
233     4.  Is absent from three consecutive regular commission
234meetings without being excused by the commission.
235     (c)  Filling of vacancies.--
236     1.  If a vacancy occurs in the office of mayor, the vice
237mayor shall serve as mayor until a new mayor is elected at the
238next regularly scheduled city election and assumes the duties of
239his or her office. The commission shall fill the commissioner's
240seat temporarily vacated by the vice mayor by appointment as
241herein provided.
242     2.  If a vacancy occurs in the office of any commissioner
243other than mayor and the remainder of the unexpired term is less
244than 2 years, the remaining commissioners shall, within 30 days
245following the occurrence of such vacancy, by majority vote,
246appoint a person to fill the vacancy for the remainder of the
247unexpired term. If the remainder of the unexpired term exceeds 2
248years, the remaining commissioners shall, within 30 days
249following the occurrence of such vacancy, by majority vote,
250appoint a person to fill the vacancy until the next regularly
251scheduled city election.
252     3.  Any person appointed to fill a vacancy on the
253commission is required to meet the qualifications of the seat to
254which he or she is appointed, except the petition requirement.
255     (d)  Extraordinary vacancies.--In the event that all
256members of the council are removed by death, disability, law, or
257forfeiture of office, the Governor shall appoint an interim
258commission that shall call a special election to be held 60 to
25990 days after the interim commission's appointment. Such
260election shall be held in the same manner as the initial
261election under this charter.
262     Section 6.  City commission meetings.--The commission shall
263meet regularly at least once a month at such times and places as
264the commission may prescribe. Such meetings shall be public
265meetings and shall be subject to notice and other requirements
266of law applicable to public meetings.
267     (1)  The first meeting following a general city election at
268which elected or reelected commissioners are inducted into
269office shall be held on the first Monday following such
270election.
271     (2)  A majority of the commission shall constitute a
272quorum. No action of the commission shall be valid unless
273adopted by an affirmative vote of a majority of the
274commissioners in attendance, unless otherwise provided by law or
275stated herein. All actions of the city commission shall be by
276ordinance, resolution, or motion.
277     (3)  Special meetings may be held at the call of the mayor
278or, in his or her absence, the vice mayor. Special meetings may
279also be called upon the request of a majority of the
280commissioners. The city manager shall provide no less than 12
281hours' notice of the meeting to the public, when practical.
282     Section 7.  Designated charter officers.--
283     (1)  DESIGNATED CHARTER OFFICERS.--The initial designated
284charter officer shall be the city manager. Other charter
285officers may be appointed by majority vote of the commission.
286     (a)  Appointment.--The charter officers shall be appointed
287by a majority vote of the full commission and shall serve at the
288pleasure of the commission.
289     (b)  Removal.--The charter officers shall be removed from
290office by a majority vote of the full commission. If the vote is
291not unanimous, the charter officer may, within 7 days after the
292dismissal motion by the commission, submit to the mayor a
293written request for reconsideration. Any action taken by the
294commission at the reconsideration hearing shall be final.
295     (c)  Compensation.--The compensation of the charter
296officers shall be fixed by the city commission.
297     (d)  Filling of vacancies.--The city commission shall begin
298the process to fill a vacancy in the charter office of the city
299manager or the city attorney within 90 days after the vacancy
300occurs. An acting city manager or acting city attorney may be
301appointed by the city commission during a vacancy in office.
302     (e)  Candidate for city office.--No charter officer shall
303be a candidate for any elected office while holding his or her
304charter office position.
305     (2)  CITY MANAGER.--The city manager shall be the chief
306administrative officer of the city and shall serve at the
307direction and discretion of the city commission.
308     (a)  Qualifications.--The city manager shall be selected on
309the basis of qualifications the commissioners deem appropriate,
310including, but not limited to, experience, expertise, and
311management ability as they pertain to running municipal
312government.
313     (b)  Powers and duties.--The city manager shall:
314     1.  Attend all meetings of the city commission.
315     2.  Be responsible to the commission for the administration
316of all city affairs placed in his or her charge by majority vote
317of the commission or under this charter.
318     (3)  CITY ATTORNEY.--The commission members may contract
319with a city attorney.
320     (a)  Qualifications.--The city attorney shall be a member
321in good standing of The Florida Bar.
322     (b)  Powers and duties.--The city attorney or his or her
323designee, who shall be a lawyer and a member in good standing of
324The Florida Bar, shall:
325     1.  Attend all city commission meetings unless excused by
326the city commission.
327     2.  Perform such professional duties as may be required by
328law or by the commission in furtherance of the law.
329     3.  Be the chief legal officer of the city and serve as
330chief legal advisor to the commission, the city manager, and all
331city departments, offices, city advisory boards, and agencies.
332     Section 8.  Elections.--
333     (1)  ELECTORS.--Any person who is a resident of the city,
334who has qualified as an elector of the state, and who registers
335in the manner prescribed by law shall be an elector of this
336city.
337     (2)  NONPARTISAN ELECTIONS.--All elections for the office
338of mayor or other city commissioners shall be conducted on a
339nonpartisan basis without any designation of political party
340affiliation.
341     (3)  QUALIFICATIONS.--Candidates for the office of city
342commission member or mayor shall qualify for office by filing a
343written notice of candidacy with the designated official at such
344time and in such manner as may be prescribed by the Florida
345Election Code and as otherwise provided in this charter.
346     (4)  PROCEDURE FOR REGULAR ELECTIONS AND RUNOFF
347ELECTIONS.--
348     (a)  The regular election of the city commission members
349and mayor shall be held on the third Tuesday after the third
350Monday in April in each even-numbered year when the 4-year term
351for each respective seat has expired, in the manner provided for
352by this charter and general law. Runoff elections, if necessary,
353shall be held on the third Tuesday after the third Monday in May
354in the same year.
355     (b)  No later than noon Friday, 3 weeks before the election
356for office, any individual who wishes to run for one of the five
357initial seats on the commission shall qualify as a candidate
358with the Bay County Supervisor of Elections in accordance with
359the provisions of this charter and general law. Each candidate
360must specify for which of the seats he or she desires to
361campaign and serve.
362     (c)1.  The Bay County Commission shall appoint a canvassing
363board of three members who are not candidates, which shall
364certify the results of the election. At least one citizen from
365the area or municipality of Southport shall be appointed to
366serve on the canvassing board.
367     2.  After the initial election, the city commissioners
368shall decide how results are certified by ordinance.
369     3.  If two or more persons qualify for a seat and none
370receive a majority of the votes cast for that seat, the two
371candidates receiving the highest number of votes shall face each
372other in a runoff election. The person receiving the highest
373number of votes at said runoff election shall be elected. The
374canvass of returns for said runoff election shall be the same as
375for a general election.
376     (d)  In the event of a tie vote for any seat, the names of
377the candidates who tied shall be placed in a box and one name
378shall be drawn by a member of the canvassing board. The
379candidate whose name is drawn from the box shall be the winning
380candidate.
381     (e)  The result of the voting, when ascertained, shall be
382certified by a return in duplicate, signed by two of the members
383of the canvassing board. One copy shall be delivered to the city
384attorney and the other copy shall be delivered to the city
385manager. Both returns are to be delivered to the city commission
386at a meeting to be held at noon on the day following
387certification of the election results. At such meeting, the city
388commission shall convey the return and announce the results of
389the election on the official record.
390     (5)  INDUCTION INTO OFFICE.--
391     (a)  Those candidates who are elected shall be inducted
392into office and take office at a meeting held at the regular
393meeting place of the commission no more than 30 days after the
394final election requirements are determined to be in compliance.
395     (b)  Initial elections shall be held after the referendum
396for incorporation as stated in section 12.
397     (6)  RECALL OF CITY COMMISSIONERS.--Any member of the city
398commission may be removed from office by the electors of the
399city following the procedures of recall established in general
400law.
401     (7)  DISTRICT BOUNDARIES.--
402     (a)  Elections shall be held at large until such time as
403the commissioners pass an ordinance providing for voting
404districts.
405     (b)  In the event that the commissioners pass an ordinance
406providing for voting districts, such districts shall come up for
407review every 5 years after the first election they are in use,
408unless an earlier review is determined necessary by the
409supervisor of elections and the commission.
410     Section 9.  Southport area municipal services.--After the
411first general election, the city commissioners may authorize the
412city manager to enter into contracts for municipal services on
413behalf of the City of Southport. Before a city manager is hired,
414the mayor is authorized to enter into contracts for services on
415behalf of the city.
416     Section 10.  General provisions.--
417     (1)  CHARTER AMENDMENT.--This charter may be amended in
418accordance with the provisions of the Municipal Home Rule Powers
419Act, chapter 166, Florida Statutes, or as may otherwise be
420provided by general law. The form, content, and certification of
421any petition to amend the charter shall be established by
422ordinance.
423     (2)  CHARTER REVIEW.--The standards for charter review
424shall be established by ordinance.
425     (3)  INITIATIVE AND REFERENDUM.--At least 25 percent of the
426qualified electorate of the city shall have the power to
427petition to propose an ordinance or to require reconsideration
428of an adopted ordinance, and if the commission fails to adopt
429such ordinance so proposed or to repeal such adopted ordinance
430without any change in substance, then the commission shall place
431the proposed ordinance or the repeal of the adopted ordinance on
432the ballot at the next general election.
433     (4)  STANDARDS OF CONDUCT.--All elected officials and
434employees of the city shall be subject to the standards of
435conduct for public officials and employees set by general law.
436In addition, the city commission may by ordinance establish a
437code of ethics for officials and employees of the city which may
438be supplemental to the general law, but in no case may such an
439ordinance diminish the provisions of general law.
440     Section 11.  Severability.--If any provision of this act or
441the application thereof to any person or circumstance is held
442invalid, the invalidity shall not affect other provisions or
443applications of this act which can be given effect without the
444invalid provision or application, and to this end the provisions
445of this act are declared severable.
446     Section 12.  Transition schedule.--
447     (1)  REFERENDUM.--The referendum election called for the
448purposes of this act shall be held no later than 90 days from
449the date of legislative approval of this act, unless there is
450established a different municipal election date, in which case
451the election shall be on the date so established. At such time,
452the issue of whether to incorporate the City of Southport shall
453be placed upon the ballot. In the event the electorate votes
454affirmatively by a majority of electors voting in the referendum
455to incorporate and establish the City of Southport, the
456provisions of this charter shall take effect as provided herein.
457     (2)  CREATION AND ESTABLISHMENT OF CITY.--For the purpose
458of compliance with general law, relating to assessment and
459collection of ad valorem taxes, the City of Southport is hereby
460created and established effective the date this charter becomes
461law.
462     (3)  INITIAL ELECTION OF COMMISSIONERS; DATES, QUALIFYING
463PERIOD, CERTIFICATION OF ELECTION RESULTS; INDUCTION INTO
464OFFICE.--
465     (a)  Following the adoption of this charter in accordance
466with section 13, the Bay County Commission shall call a special
467election of a mayor and the other four city commissioners to be
468held as soon as possible but no more than 90 days after an
469affirmative vote to incorporate by referendum at the convenience
470of the supervisor of elections. Any necessary runoff elections
471shall be held as soon as possible but no sooner than 14 days and
472no more than 60 days after the special election at the
473convenience of the supervisor of elections.
474     (b)  No later than noon Friday, 3 weeks before the election
475of commissioners, any individual who wishes to run for one of
476the five initial seats on the commission shall qualify as a
477candidate with the Bay County Supervisor of Elections in
478accordance with the provisions of this charter and general law.
479Each candidate must specify for which of the seats he or she
480desires to campaign and serve.
481     (c)1.  The Bay County Commission shall appoint a canvassing
482board of three members who are not candidates which shall
483certify the results of the election. At least one citizen from
484the area or municipality of Southport shall be appointed to
485serve on the canvassing board.
486     2.  After the initial election, the city commissioners
487shall decide how results are certified by ordinance.
488     3.  If two or more persons qualify for a seat and none
489receives a majority of the votes cast for that seat, the two
490candidates receiving the highest number of votes shall face each
491other in a runoff election. The person receiving the highest
492number of votes at said runoff election shall be elected. The
493canvass of returns for said runoff election shall be the same as
494for a general election.
495     4.  In the event of a tie vote for any seat, the names of
496the candidates who tied shall be placed in a box and one name
497shall be drawn by a member of the canvassing board. The
498candidate whose name is drawn from the box shall be the winning
499candidate.
500     (4)  INDUCTION INTO OFFICE.--Those candidates who are
501elected shall be inducted into office and take office at the
502initial city commission meeting, which shall be held no more
503than 30 days after the final election requirements are
504determined to be in compliance at the Southport Community
505Center, located at 7334 Franklin Street, Southport, Florida.
506     (5)  TRANSITION SERVICES AND COMPENSATION.--It is intended
507that Bay County provide and be compensated for the provision of
508services for the City of Southport as budgeted for in the fiscal
509year 2006-2007 Bay County Budget as far as the revenue will
510provide. The level of services to be provided will be consistent
511with the level upon which the fiscal year 2006-2007 expense
512budget was predicted and in accordance with adopted revenue. It
513is the responsibility of the city to adopt appropriate
514ordinances, resolutions, or agreements as required to ensure the
515continued collection of budgeted revenues with which to fund
516services beginning January 1, 2007. Any revenues adopted or
517received by the City of Southport upon which delivery of
518services was not predicted within the county's fiscal year 2006-
5192007 adopted budget shall accrue to the City of Southport.
520Services that the county shall provide under the terms of this
521agreement include all services provided to the Southport
522municipal district as adopted by the Bay County Commission prior
523to the City of Southport becoming operational.
524     (6)  FIRST-YEAR EXPENSES.--The commission, in order to
525provide moneys for the expenses and support of this city, shall
526have the power to borrow money necessary for the operation of
527city government until such time as a budget is adopted and
528revenues are raised in accordance with the provisions of this
529charter.
530     (7)  TRANSITIONAL ORDINANCES AND RESOLUTIONS.--The city
531commission shall adopt ordinances and resolutions required to
532effect the transition. Ordinances adopted within 60 days after
533the first commission meeting shall be passed as emergency
534ordinances. These transitional ordinances shall be effective for
535no longer than 90 days after adoption and thereafter may be
536readopted, renewed, or otherwise continued only in the manner
537normally prescribed for ordinances.
538     (8)  TRANSITIONAL COMPREHENSIVE PLAN AND LAND DEVELOPMENT
539REGULATION.--
540     (a)  Until such time as the city adopts a comprehensive
541plan, the applicable provisions of the Comprehensive Plan of Bay
542County, as the same exists on the day the city commences
543corporate existence, shall remain in effect as the city's
544transitional comprehensive plan. However, all planning
545functions, duties, and authority shall thereafter be vested in
546the City Commission of Southport, which shall be deemed the
547local planning agency until the commission establishes a
548separate local planning agency.
549     (b)  All powers and duties of the Bay County Planning and
550Land Development Regulations Commission, any boards of
551adjustment and appeals created pursuant to statutory trade
552codes, and the Bay County Commission, as set forth in these
553traditional zoning and land use regulations, shall be vested in
554the City Commission of Southport until such time as the city
555commission delegates all or a portion hereof to another entity.
556     (c)  Upon the city's incorporation, the city shall use Bay
557County's Comprehensive Plan and land development regulations.
558However, after the city's incorporation, any amendment to the
559county's comprehensive plan and land development regulations
560shall not apply to the city unless approved by the city
561commission.
562     (9)  STATE-SHARED REVENUES; CITY PARTICIPATION IN STATE-
563SHARED REVENUES PROGRAMS.--The City of Southport shall be
564entitled to participate in the state-shared revenues programs
565effective on the first day of the month occurring after the
566first meeting of the commission. The provisions of section
567218.23, Florida Statutes, shall be waived for the purpose of
568eligibility to receive revenue sharing funds from the date of
569incorporation through the state fiscal year 2006-2007. Initial
570population estimates for calculating eligibility for shared
571revenues shall be determined by the University of Florida Bureau
572of Economic and Business Research. Should the bureau be unable
573to provide an appropriate population estimate, the Bay County
574Planning Department shall provide an appropriate estimate.
575     (10)  GAS TAX REVENUES.--
576     (a)  The City of Southport shall be entitled to receive a
577local option gas tax revenue beginning the first full fiscal
578year following incorporation.
579     (b)  The gas tax distribution shall be made in accordance
580with an interlocal agreement entered into prior to June 1, 2007.
581     Section 13.  This act shall take effect only upon its
582approval by a majority vote of those qualified electors residing
583within the proposed corporate limits of the proposed City of
584Southport voting in a referendum election to be called by the
585Bay County Commission and to be held in accordance with the
586provisions of law currently in force, except that this section
587shall take effect upon becoming a law.


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