1 | A bill to be entitled |
2 | An act relating to the Town of Casey Key, Sarasota County; |
3 | creating the town; providing a charter; providing |
4 | legislative intent; providing for a council-manager form |
5 | of government; providing municipal powers; providing for |
6 | vested uses; providing boundaries; providing for a town |
7 | council and its composition and qualifications; providing |
8 | terms of office, powers, and duties of council members; |
9 | providing for a mayor and vice mayor and their powers and |
10 | duties; providing for compensation and expenses of the |
11 | council; providing for vacancies, forfeiture of office, |
12 | and filling of vacancies; providing for council meetings; |
13 | providing for a town manager, town clerk, and town |
14 | attorney and their qualifications, powers, and duties; |
15 | providing for budget and appropriations; providing for |
16 | elections; providing for elections to be held at large |
17 | until the council creates voting districts; providing for |
18 | municipal services; providing for charter amendment and |
19 | review; providing for standards of conduct; providing |
20 | severability; providing a transition schedule, including |
21 | initial elections; providing for state-shared revenue; |
22 | requiring a referendum; providing an effective date. |
23 |
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24 | Be It Enacted by the Legislature of the State of Florida: |
25 |
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26 | Section 1. Charter; creation.--This act shall be known and |
27 | may be cited as the "Town of Casey Key Charter" ("charter"), and |
28 | the Town of Casey Key ("town") is hereby created and |
29 | established. |
30 | Section 2. Legislative intent.--The Legislature finds and |
31 | declares that: |
32 | (1) The Casey Key area of Sarasota County includes a |
33 | compact and contiguous urban community amenable to separate |
34 | municipal government. |
35 | (2) The unique geographical features associated with Casey |
36 | Key create a situation in which it is in the public interest to |
37 | establish a municipal government for the purpose of managing the |
38 | public affairs of the citizens of Casey Key. |
39 | (3) It is in the best interests of the public health, |
40 | safety, and welfare of the citizens of this community to form a |
41 | separate municipality for the Casey Key area with all powers and |
42 | authority necessary to provide efficient and adequate municipal |
43 | services to its residents. This power and authority includes, |
44 | but is not limited to, the reasonable exercise of its police |
45 | power to enhance public health, safety, and welfare, and to |
46 | regulate traffic in and on the streets and highways within the |
47 | jurisdiction of the town. |
48 | Section 3. Powers.-- |
49 | (1) GOVERNMENT.--The town shall have a council-manager |
50 | form of government. |
51 | (2) MUNICIPAL POWERS.--The town shall be a body corporate |
52 | and politic and shall have all the powers of a municipality |
53 | under the State Constitution and laws of the state, as fully and |
54 | completely as though such powers were specifically enumerated in |
55 | this charter, unless otherwise prohibited by or contrary to the |
56 | provisions of this charter. The town shall have all |
57 | governmental, corporate, and proprietary powers necessary to |
58 | enable it to conduct municipal government, perform municipal |
59 | functions, and render municipal services and may exercise any |
60 | power for municipal purposes unless expressly prohibited by law. |
61 | Beach access may not be impeded by any local rule or government. |
62 | All citizens are entitled to free access to the natural |
63 | resources of the town. Therefore, this charter does not allow |
64 | for toll booths or gates that block access to the beach by |
65 | citizens who do not live on Casey Key. |
66 | (3) VESTED USES.--This charter recognizes the vesting |
67 | associated with the ongoing public use of the Nokomis Public |
68 | Beach, South Jetty Park, and Blackburn Point Park within the |
69 | boundaries thereof existing as of the effective date of this |
70 | charter, and the public right of access thereto. This charter |
71 | also recognizes as vested commercial uses those motels existing |
72 | as of the effective date of this charter and lying within the |
73 | commercial motel district, beginning at 105 Casey Key Road and |
74 | ending inclusive of 433 Casey Key Road, and at 3905 Casey Key |
75 | Road, and the Casey Key Fish House. Nothing in this recognition |
76 | shall prevent the reasonable and legal regulation of such vested |
77 | areas and business establishments by the Town of Casey Key in |
78 | accordance with public policy and the laws and regulations of |
79 | the United States and the state. |
80 | (4) CONSTRUCTION.--The powers of the town shall be |
81 | construed liberally in favor of the town, limited only by the |
82 | State Constitution, general and special law, and specific |
83 | limitations in this charter. |
84 | Section 4. Corporate limits.--The following described area |
85 | shall constitute the corporate boundary of the Town of Casey |
86 | Key: |
87 | An area encompassing the Key known as Casey Key, |
88 | lying within Township 38 South, Range 18 East and |
89 | Township 39 South, Range 18 East, Sarasota County, |
90 | Florida and described as follows: |
91 | BEGIN at the break point in the center line of |
92 | the right-of-way of the West Coast Inland Navigation |
93 | District Intracoastal Waterway Canal as shown on the |
94 | Record Maps, dated August 15, 1969, as it turns |
95 | southeast from the south end of Blackburn Bay to enter |
96 | Roberts Bay, said point being easterly of the center |
97 | of the Venice Inlet; thence along said center line for |
98 | the following ten (10) calls; (1) thence |
99 | N.24°55'00"W., a distance of 2,865.68 feet; (2) thence |
100 | N.08°25'36"W., a distance of 2,158.61 feet; (3) thence |
101 | N.02°59'54"W., a distance of 3,157.42 feet; (4) thence |
102 | N.06°36'33"W., a distance of 1,968.40 feet; (5) thence |
103 | N.30°47'40"W., a distance of 8,147.28 feet; (6) thence |
104 | N.20°39'54"W., a distance of 3,436.03 feet; (7) thence |
105 | N.37°01'07"W., a distance of 3,471.73 feet; (8) thence |
106 | N.05°49'26"W., a distance of 2,100.00 feet; (9) thence |
107 | N.16°41'35"W., a distance of 7,718.83 feet; (10) |
108 | thence N.09°11'55"W., a distance of 710.18 feet to the |
109 | intersection with the center line of old Midnight |
110 | Pass; thence along said center line of Midnight Pass |
111 | for the following five (5) calls; (1) thence |
112 | N.81°26'52"W., a distance of 1,430.50 feet; (2) thence |
113 | N.58°02'12"W., a distance of 1,189.21 feet; (3) thence |
114 | N.67°30'27"W., a distance of 419.25 feet; (4) thence |
115 | N.41°02'14"W., a distance of 233.80 feet; (5) thence |
116 | S.59°45'29"W., a distance of 260 feet more or less to |
117 | the Mean High Water Line of the Gulf of Mexico; thence |
118 | southeasterly along said Mean High Water line, a |
119 | distance of 37,374 feet, more or less, to the north |
120 | side of the manmade structure known as the North |
121 | Jetty; thence S.75°35'14"W., along said north line of |
122 | the North Jetty structure, a distance of 352.73 feet; |
123 | thence S.14°29'13"E., a distance of 170 feet, more or |
124 | less to the center of the Venice Inlet (also known as |
125 | Caseys Pass); thence along said center line of the |
126 | Venice Inlet for the following two (2) calls; (1) |
127 | thence N.75°14'56"E., a distance of 810.15 feet; (2) |
128 | thence S.81°05'04"E., a distance of 678.31 feet; |
129 | thence N.32°44'32"E., a distance of 422 feet, more or |
130 | less to the southerly extension of the center line of |
131 | the above mentioned right-of-way of the West Coast |
132 | Inland Navigation District Intracoastal Waterway |
133 | Canal; thence N.24°55'00"W., along said southerly |
134 | extension, a distance of 253 feet to the POINT OF |
135 | BEGINNING. |
136 | Section 5. Town council.-- |
137 | (1) COMPOSITION; QUALIFICATIONS FOR OFFICE.-- |
138 | (a) Composition.--There shall be a five-member town |
139 | council, consisting of five council members each serving for a |
140 | 4-year term, one of whom is elected by the members of the |
141 | council to serve as the mayor for a 1-year term. All council |
142 | members are elected at large from within the boundaries of Casey |
143 | Key. For purposes of proper interpretation of this charter, |
144 | unless the context otherwise requires, the term "council member" |
145 | shall include the mayor. |
146 | (b) Qualifications for office.-- |
147 | 1. Each candidate for the office of town council shall be |
148 | a qualified elector of the town. |
149 | 2. Each candidate for the office of town council shall |
150 | have resided in the town for a minimum of 6 months immediately |
151 | prior to qualifying. |
152 | 3. At the time of qualification, each candidate for a seat |
153 | on the council shall reside within the boundaries of the Town of |
154 | Casey Key and shall remain a resident of the town for the length |
155 | of his or her term. |
156 | 4. For the initial election of council members and for |
157 | each election thereafter, each individual seeking to qualify as |
158 | a candidate for a seat on the council shall submit a petition or |
159 | application supporting his or her candidacy to the town manager |
160 | (or, for the initial election, to the Supervisor of Elections of |
161 | Sarasota County) containing the signatures of 1 percent of the |
162 | electors residing within the boundaries of the Town of Casey Key |
163 | at large or payment of the required fee according to the Florida |
164 | Election Code and declaring which seat he or she is endeavoring |
165 | to obtain. |
166 | (2) TERMS OF OFFICE.-- |
167 | (a) The term of office for each council member shall be 4 |
168 | years. In order to provide for the staggering of terms, the |
169 | initial terms of office for seats two and four shall be for 2 |
170 | years each. |
171 | (b) Each town council member shall remain in office until |
172 | his or her successor is elected and assumes the duties of the |
173 | position. |
174 | (3) POWERS AND DUTIES OF COUNCIL.-- |
175 | (a) The form of government of the Town of Casey Key shall |
176 | be the council form of government whereby the town council is |
177 | the head of the town government. |
178 | (b) Except as otherwise prescribed herein or provided by |
179 | law, all managerial, executive, legislative, and police powers |
180 | of the town shall be vested in the town council, including, but |
181 | not limited to, the following: |
182 | 1. Enacting ordinances, establishing public policy, and |
183 | providing general direction for staff actions. |
184 | 2. Reviewing and approving all policy and procedure |
185 | manuals. |
186 | 3. Hiring and terminating employees and evaluating in |
187 | writing the town manager's job performance at the end of an |
188 | initial 6-month probationary period and at least yearly |
189 | thereafter. |
190 | 4. Reviewing and approving all administrative |
191 | recommendations for staff promotions, demotions, position |
192 | classifications and reclassifications, and wage and salary |
193 | increases. |
194 | 5. Approving payment of bills and contracts at town |
195 | council meetings. |
196 | (c) The town council shall provide for the exercise of its |
197 | powers and for the performance of all duties and obligations |
198 | imposed on the town by ordinance, resolution, motion, policy |
199 | directive, or other appropriate action and may delegate such |
200 | powers as it deems advisable to the town administrator or the |
201 | town attorney. |
202 | (d) The town council shall adopt a purchasing policies and |
203 | procedures manual and a personnel policies and procedures |
204 | manual. |
205 | (e) Meetings of the town council shall take place on a |
206 | regular basis at a time and place established by the town |
207 | council. If the town council deems it appropriate, attendance of |
208 | individual council members via electronic means shall be |
209 | permitted in accordance with rules of procedure to be |
210 | established by the town council. |
211 | (4) MAYOR.-- |
212 | (a) Election.--There shall be a mayor elected annually by |
213 | the council from among the council members. Such election shall |
214 | take place at the first meeting after each regular town general |
215 | election. If a given calendar year does not have an election, |
216 | then the town council meeting closest to a 12-month term of |
217 | office for the incumbent mayor shall serve as the electoral |
218 | meeting for the purpose of electing a mayor for the next 12 |
219 | months. There shall be no restriction upon consecutive terms of |
220 | office for the mayor, subject only to the requirement that the |
221 | mayor must also be an elected town council member. |
222 | (b) Powers.--The mayor shall have the same legislative |
223 | powers and duties as any of the other council members, except as |
224 | herein provided. |
225 | (c) Duties.--The mayor shall preside at the meetings of |
226 | the council, shall be recognized as the head of town government |
227 | for ceremonial matters, and shall sign and execute ordinances, |
228 | contracts, deeds, bonds, and other instruments and documents. |
229 | The mayor shall have no administrative duties other than those |
230 | necessary to accomplish these actions, unless otherwise |
231 | authorized by the town council, consistent with general or |
232 | special law. |
233 | (5) VICE MAYOR.-- |
234 | (a) Appointment.--There shall be a vice mayor elected |
235 | annually by the council from among the council members. Such |
236 | election shall take place at the first meeting after each |
237 | regular town general election. |
238 | (b) Powers and duties.--The vice mayor shall have the same |
239 | legislative powers and duties as any other council member, |
240 | except that he or she shall serve as acting mayor during the |
241 | absence or disability of the mayor and, during such period, |
242 | shall have the same duties as provided for in paragraphs (4)(b) |
243 | and (c). In the absence of the mayor and vice mayor, the |
244 | remaining council members shall elect a council member to serve |
245 | as acting mayor. |
246 | (6) COMPENSATION AND EXPENSES.-- |
247 | (a) Compensation.--The annual salary of the mayor and |
248 | council members shall be $10 per year. Any salary increase |
249 | adopted by ordinance during any term will become effective 91 |
250 | days after the next term of office commences unless a later date |
251 | is established. |
252 | (b) Expenses.--The council may provide for reimbursement |
253 | of actual expenses incurred by council members while performing |
254 | their official duties. |
255 | (7) VACANCIES; FORFEITURE OF OFFICE; FILLING OF |
256 | VACANCIES.-- |
257 | (a) Vacancies.--A vacancy in the office of a council |
258 | member shall occur upon the death of the incumbent, removal from |
259 | office as authorized by law, resignation, appointment to other |
260 | public office which creates dual officeholding, judicially |
261 | determined incompetence, or forfeiture of office as herein |
262 | described. |
263 | (b) Forfeiture of office.--A council member shall forfeit |
264 | his or her office if he or she: |
265 | 1. Is determined by the unanimous vote of the other |
266 | members of the council, acting as a body, to lack at any time, |
267 | or fails to maintain during his or her term of office, any |
268 | qualification for the office as prescribed by this charter or |
269 | otherwise required by law; |
270 | 2. Is convicted of a felony or enters a plea of guilty or |
271 | nolo contendere to a crime punishable as a felony, even if |
272 | adjudication of guilt has been withheld; |
273 | 3. Is found by the other members of the council, acting as |
274 | a body, to have violated any standard of conduct or code of |
275 | ethics established by law for public officials and has been |
276 | suspended from office by the Governor, unless subsequently |
277 | reinstated as provided by law; |
278 | 4. Is absent from three consecutive regular council |
279 | meetings without being excused by the council; or |
280 | 5. Is removed from office by the electors of the town |
281 | following the recall procedures established by this charter. |
282 | (c) Filling of vacancies.-- |
283 | 1. If a vacancy occurs in the office of mayor, the vice |
284 | mayor shall serve as mayor until a new mayor is elected after |
285 | the next regularly scheduled town election and assumes the |
286 | duties of his or her office. The council shall fill the council |
287 | member's seat temporarily vacated by the vice mayor by |
288 | appointment as herein provided. |
289 | 2. If a vacancy occurs in the office of any council member |
290 | other than mayor and the remainder of the unexpired term is less |
291 | than 2 years, the remaining council members shall, within 30 |
292 | days after the occurrence of such vacancy, by majority vote, |
293 | appoint a person to fill the vacancy for the remainder of the |
294 | unexpired term. If the remainder of the unexpired term exceeds 2 |
295 | years, the remaining council members shall, within 30 days after |
296 | the occurrence of such vacancy, by majority vote, appoint a |
297 | person to fill the vacancy until the next regularly scheduled |
298 | town election. |
299 | 3. Any person appointed to fill a vacancy on the council |
300 | is required to meet the qualifications of the seat to which he |
301 | or she is appointed, except the petition requirement. |
302 | (d) Extraordinary vacancies.--In the event that all |
303 | members of the council are removed by death, disability, law, or |
304 | forfeiture of office, the Governor shall appoint an interim |
305 | council that shall call a special election to be held 60 to 90 |
306 | days after the interim council's appointment. Such election |
307 | shall be held in the same manner as the initial election under |
308 | this charter. |
309 | Section 6. Town council meetings.--The council shall meet |
310 | regularly at least once a quarter at such times and places as |
311 | the council may prescribe by rule. Such meetings shall be public |
312 | meetings and shall be subject to notice and other requirements |
313 | of law applicable to public meetings. |
314 | (1) The first meeting after a general town election at |
315 | which elected or reelected council members are inducted into |
316 | office shall be held on the first Monday after such election. |
317 | (2) A majority of the council shall constitute a quorum. |
318 | Once a quorum is reached, no action of the council shall be |
319 | valid unless adopted by an affirmative vote of a majority of the |
320 | council members in attendance, unless otherwise provided by law |
321 | or stated herein. All actions of the town council shall be by |
322 | ordinance, resolution, or motion. |
323 | (3) Special meetings may be held at the call of the mayor |
324 | or, in his or her absence, the vice mayor. Special meetings may |
325 | also be called upon the request of a majority of the council |
326 | members. The town manager shall provide not less than 24 hours' |
327 | notice of the meeting to the public, when practical. |
328 | (4) Voting on ordinances and resolutions shall be by roll |
329 | call and shall be recorded by the town clerk in the journal. The |
330 | town council shall determine its own rules and order of |
331 | business. |
332 | Section 7. Designated charter officers.-- |
333 | (1) DESIGNATED CHARTER OFFICERS.--The initial designated |
334 | charter officers shall be the town manager, town clerk, and town |
335 | attorney. Other charter officers may be appointed by majority |
336 | vote of the council. |
337 | (a) Appointment.--The charter officers shall be appointed |
338 | by a majority vote of the full council and shall serve at the |
339 | pleasure of the council. |
340 | (b) Removal.--The charter officers shall be removed from |
341 | office by a majority vote of the full council. If the vote is |
342 | not unanimous, the charter officer may, within 7 days after the |
343 | dismissal motion by the council, submit to the mayor a written |
344 | request for reconsideration. Any action taken by the council at |
345 | the reconsideration hearing shall be final. |
346 | (c) Compensation.--The compensation of the charter |
347 | officers shall be fixed by the town council. |
348 | (d) Filling of vacancies.--The town council shall begin |
349 | the process to fill a vacancy in the charter office of the town |
350 | manager or the town attorney within 90 days after the vacancy |
351 | occurs. An acting town manager or acting town attorney may be |
352 | appointed by the town council during a vacancy in office. |
353 | (e) Candidate for town office.--No charter officer shall |
354 | be a candidate for any elected office while holding his or her |
355 | charter office position. |
356 | (2) TOWN MANAGER.--The town council members may contract |
357 | with a town manager. The town manager shall be the chief |
358 | administrative officer of the town and shall serve at the |
359 | direction and discretion of the town council. The town manager |
360 | when necessary shall appoint, suspend, demote, or dismiss any |
361 | town employee under his or her jurisdiction in accordance with |
362 | law and the personnel rules, and may authorize any department |
363 | head to exercise these powers with respect to subordinates in |
364 | that department. The town manager shall direct and supervise the |
365 | administration of all departments of the town except the offices |
366 | of town clerk and town attorney and shall attend all council |
367 | meetings unless excused by the town council and shall have the |
368 | right to take part in discussions, but not vote. He or she shall |
369 | see that all laws, charter provisions, ordinances, resolutions, |
370 | and other acts of the council subject to enforcement by him or |
371 | her are faithfully executed, and he or she shall act as the |
372 | town's director of emergency management with all of the |
373 | authority of that position granted by the town's emergency |
374 | management plan, the town council, state law, or town or county |
375 | ordinance. The town manager shall also prepare and submit the |
376 | annual budget, budget message, and capital program to the |
377 | council, and shall keep the council fully advised as to the |
378 | financial condition and future needs of the town, and shall make |
379 | such recommendations to the council concerning the affairs of |
380 | the town as he or she deems desirable. The town manager shall |
381 | designate a qualified town employee to exercise the powers and |
382 | perform the duties of town manager during any temporary absence |
383 | or disability of the town manager. The council may revoke such |
384 | designation at any time and appoint another eligible person, |
385 | other than a currently sitting council member, to serve as |
386 | acting town manager. |
387 | (3) TOWN CLERK.--The town council members may contract |
388 | with a town clerk. The town clerk shall give notice of all town |
389 | meetings to the town council and the public as required by law |
390 | and shall attend all such meetings in person or by designee and |
391 | shall keep minutes of the proceedings. The town clerk shall |
392 | authenticate by signature and be custodian of this charter, all |
393 | ordinances, resolutions, and other town documents and shall |
394 | perform such other duties as required by law or by the council. |
395 | The town clerk shall be the supervisor of elections for the |
396 | town. The town clerk when necessary shall appoint, suspend, |
397 | demote, or dismiss any employee in the office of the town clerk |
398 | in accordance with law and the personnel rules of the town. The |
399 | town clerk shall prepare annual budgets for the operation of the |
400 | office of the town clerk and the town council and shall submit |
401 | these budgets to the town manager for inclusion in the annual |
402 | town budget in accordance with uniform town procedures. |
403 | (4) TOWN ATTORNEY.--The town council members may contract |
404 | with a town attorney. The town attorney shall be the chief legal |
405 | officer and advisor of the town. The town attorney may either be |
406 | retained in house or be retained part time under contract. The |
407 | town attorney shall be a member of The Florida Bar. The town |
408 | attorney or his or her designee shall attend all town council |
409 | meetings and perform such professional duties as may be required |
410 | of him or her by law or by the council. The town attorney when |
411 | necessary shall appoint, suspend, demote, or dismiss any |
412 | employee in the office of the town attorney in accordance with |
413 | law and the personnel rules of the town. The town attorney shall |
414 | prepare an annual budget for the operation of the office of the |
415 | town attorney and shall submit this budget to the town manager |
416 | for inclusion in the annual town budget in accordance with |
417 | uniform town procedures. |
418 | Section 8. Budget and appropriations.-- |
419 | (1) The town council shall adopt an annual budget by |
420 | ordinance before October 1 of each year, and set tax rates in |
421 | accordance with state law. An ordinance adopting an annual |
422 | budget shall constitute appropriations of the amounts specified |
423 | as expenditures from the funds indicated and shall constitute a |
424 | levy of the property tax proposed. |
425 | (2) The town council shall have all powers of local |
426 | government vested in it by state law relative to fiscal |
427 | processes and procedures. |
428 | (3) The town council shall adopt a financial policy at |
429 | such times as it deems appropriate to provide for financial |
430 | management policies of the town. |
431 | (4) The town council shall enact a purchasing code to |
432 | regulate the procurement of goods and services. |
433 | (5) No single expenditure or indebtedness in excess of $1 |
434 | million may be made without an affirmative vote of the majority |
435 | of the qualified electors of the Town of Casey Key. |
436 | Section 9. Elections.-- |
437 | (1) ELECTORS.--Any person who is a resident of the town, |
438 | who has qualified as an elector of the state, and who registers |
439 | in the manner prescribed by law shall be an elector of the town. |
440 | (2) NONPARTISAN ELECTIONS.--All elections for town council |
441 | members shall be conducted on a nonpartisan basis without any |
442 | designation of political party affiliation. |
443 | (3) QUALIFICATIONS.--Candidates for the office of town |
444 | council member shall qualify for office by filing a written |
445 | notice of candidacy with the designated official at such time |
446 | and in such manner as may be prescribed by the Florida Election |
447 | Code and as otherwise provided in this charter. |
448 | (4) PROCEDURE FOR REGULAR ELECTIONS AND RUNOFF |
449 | ELECTIONS.-- |
450 | (a) The regular election of the town council members shall |
451 | be held on the third Tuesday after the third Monday in April in |
452 | each even-numbered year when the 4-year term for each respective |
453 | seat has expired, in the manner provided for by this charter. |
454 | Runoff elections, if necessary, shall be held on the third |
455 | Tuesday after the third Monday in May in the same year. |
456 | (b) No later than noon Friday, 3 weeks before the election |
457 | for office, any individual who wishes to run for one of the five |
458 | initial seats on the council shall qualify as a candidate with |
459 | the Sarasota County Supervisor of Elections in accordance with |
460 | the provisions of this charter and general law. Each candidate |
461 | must specify which of the seats he or she desires to campaign |
462 | for and serve. The candidate must also follow the procedures |
463 | delineated in section 5. |
464 | (c) The town canvassing board shall be composed of the |
465 | charter officers and at least one citizen from the area or |
466 | municipality of Casey Key, and the town attorney shall act as |
467 | chairperson. The board shall certify the results of the |
468 | election. |
469 | (d) After the initial election, the town council members |
470 | shall decide how results are certified by ordinance. |
471 | (e) If two or more persons qualify for a seat and none |
472 | receives a majority of the votes cast for that seat, the two |
473 | candidates receiving the highest number of votes or all |
474 | candidates receiving the highest and equal number of votes shall |
475 | face each other in a runoff election. The person receiving the |
476 | highest number of votes in the runoff election shall be elected. |
477 | The canvass of returns for a runoff election shall be the same |
478 | as for a general election. |
479 | (f) In the event of a tie vote for any seat at the runoff |
480 | election, the names of the candidates who tied shall be placed |
481 | in a box and one name shall be drawn by a member of the |
482 | canvassing board. The candidate whose name is drawn from the box |
483 | shall be the winning candidate. |
484 | (g) The result of the voting, when ascertained, shall be |
485 | certified by a return in duplicate, signed by two of the members |
486 | of the canvassing board. One copy shall be delivered to the town |
487 | attorney and the other copy shall be delivered to the town |
488 | manager. Both returns are to be delivered to the town council at |
489 | a meeting to be held at noon on the day after certification of |
490 | the election results. At such meeting, the town council shall |
491 | convey the return and announce the results of the election on |
492 | the official record. The certificate shall be placed on file |
493 | with the town clerk. |
494 | (5) INDUCTION INTO OFFICE.-- |
495 | (a) Those candidates who are elected shall be inducted |
496 | into office and take office at a meeting held at the regular |
497 | meeting place of the council no more than 30 days after the |
498 | final election requirements are determined to be in compliance. |
499 | (b) After election or appointment and before taking office |
500 | each council member or charter officer of the town shall swear |
501 | or affirm: "I do solemnly swear (or affirm) that I will support, |
502 | honor, protect, and defend the Constitution and government of |
503 | the United States and of the State of Florida; that I am duly |
504 | qualified to hold office under the Constitution of the State and |
505 | under the Charter of the Town of Casey Key; and that I will well |
506 | and faithfully perform the duties of (title of office) on which |
507 | I am now about to enter so help me God." |
508 | (c) Initial elections shall be held after the referendum |
509 | for incorporation as stated in section 13. |
510 | (6) RECALL OF TOWN COUNCIL MEMBERS.--Any member of the |
511 | town council may be removed from office by the electors of the |
512 | town following the procedures of recall established in general |
513 | law. |
514 | (7) DISTRICT BOUNDARIES.-- |
515 | (a) Elections shall be held at large until such time as |
516 | the council members pass an ordinance providing for voting |
517 | districts. |
518 | (b) In the event that the council members pass an |
519 | ordinance providing for voting districts, such districts shall |
520 | come up for review every 5 years after the first election the |
521 | districts are in use, unless an earlier review is determined |
522 | necessary by the supervisor of elections and the council. |
523 | Section 10. Casey Key area municipal services.--After the |
524 | first general election, the town council members may authorize |
525 | the town manager to enter into contracts for municipal services |
526 | on behalf of the Town of Casey Key. Before a town manager is |
527 | hired, the mayor is authorized to enter into contracts for |
528 | services on behalf of the town. |
529 | Section 11. General provisions.-- |
530 | (1) CHARTER AMENDMENT.--This charter may be amended in |
531 | accordance with the provisions of the Municipal Home Rule Powers |
532 | Act, chapter 166, Florida Statutes, or as may otherwise be |
533 | provided by general law. The form, content, and certification of |
534 | any petition to amend the charter shall be established by |
535 | ordinance. |
536 | (2) CHARTER REVIEW.--The standards for charter review |
537 | shall be established by ordinance. |
538 | (3) INITIATIVE AND REFERENDUM.--At least 25 percent of the |
539 | qualified electorate of the town shall have the power to |
540 | petition to propose an ordinance or to require reconsideration |
541 | of an adopted ordinance, and if the council fails to adopt such |
542 | ordinance so proposed or to repeal such adopted ordinance |
543 | without any change in substance, then the council shall place |
544 | the proposed ordinance or the repeal of the adopted ordinance on |
545 | the ballot at the next general election. |
546 | (4) STANDARDS OF CONDUCT.--All elected officials and |
547 | employees of the town shall be subject to the standards of |
548 | conduct for public officials and employees set by general law. |
549 | In addition, the town council may by ordinance establish a code |
550 | of ethics for officials and employees of the town which may be |
551 | supplemental to the general law, but in no case may such an |
552 | ordinance diminish the provisions of general law. |
553 | Section 12. Severability.--If any provision of this act or |
554 | the application thereof to any person or circumstance is held |
555 | invalid, the invalidity shall not affect other provisions or |
556 | applications of this act which can be given effect without the |
557 | invalid provision or application, and to this end the provisions |
558 | of this act are declared severable. |
559 | Section 13. Transition schedule.-- |
560 | (1) REFERENDUM.--The referendum election called for the |
561 | purposes of this act shall be held on November 3, 2009. At such |
562 | time, the issue of whether to incorporate the Town of Casey Key |
563 | shall be placed upon the ballot. In the event the electorate |
564 | votes affirmatively by a majority of electors voting in the |
565 | referendum to incorporate and establish the Town of Casey Key, |
566 | the provisions of this charter shall take effect as provided |
567 | herein. |
568 | (2) CREATION AND ESTABLISHMENT OF TOWN.--For the purpose |
569 | of compliance with general law relating to assessment and |
570 | collection of ad valorem taxes, the Town of Casey Key is hereby |
571 | created and established effective the date this charter becomes |
572 | law. |
573 | (3) INITIAL ELECTION OF COUNCIL MEMBERS; DATES, QUALIFYING |
574 | PERIOD, CERTIFICATION OF ELECTION RESULTS; INDUCTION INTO |
575 | OFFICE.-- |
576 | (a) After the adoption of this charter in accordance with |
577 | this section, the Sarasota County Commission shall call a |
578 | special election of the five town council members to be held as |
579 | soon as possible but no more than 90 days after an affirmative |
580 | vote to incorporate by referendum at the convenience of the |
581 | supervisor of elections. Any necessary runoff elections shall be |
582 | held as soon as possible but no sooner than 14 days and no more |
583 | than 60 days after the special election at the convenience of |
584 | the supervisor of elections. |
585 | (b) No later than noon Friday, 3 weeks before the election |
586 | of council members, any individual who wishes to run for one of |
587 | the five initial seats on the council shall qualify as a |
588 | candidate with the Sarasota County Supervisor of Elections in |
589 | accordance with the provisions of this charter and general law. |
590 | Each candidate must specify for which of the seats he or she |
591 | desires to campaign and serve. |
592 | (c)1. The Sarasota County Commission shall appoint a |
593 | canvassing board of three members who are not candidates which |
594 | shall certify the results of the election. At least one citizen |
595 | from the area or municipality of Casey Key shall be appointed to |
596 | serve on the canvassing board. |
597 | 2. After the initial election, the town council members |
598 | shall decide how results are certified by ordinance. |
599 | 3. If two or more persons qualify for a seat and none |
600 | receives a majority of the votes cast for that seat, the two |
601 | candidates receiving the highest number of votes or all |
602 | candidates receiving the highest and equal number of votes shall |
603 | face each other in a runoff election. The person receiving the |
604 | highest number of votes at the runoff election shall be elected. |
605 | The canvass of returns for the runoff election shall be the same |
606 | as for a general election. |
607 | 4. In the event of a tie vote for any seat at the runoff |
608 | election, the names of the candidates who tied shall be placed |
609 | in a box and one name shall be drawn by a member of the |
610 | canvassing board. The candidate whose name is drawn from the box |
611 | shall be the winning candidate. |
612 | (4) INDUCTION INTO OFFICE.--Those candidates who are |
613 | elected shall be inducted into office and take office at the |
614 | initial town council meeting, which shall be held no more than |
615 | 30 days after the final election requirements are determined to |
616 | be in compliance at the Sarasota County facilities located at |
617 | 800 Blackburn Point Road, Casey Key. |
618 | (5) TRANSITION SERVICES AND COMPENSATION.--It is intended |
619 | that Sarasota County provide and be compensated for the |
620 | provision of services for the Town of Casey Key as budgeted for |
621 | in the fiscal year 2009-2010 Sarasota County Budget as far as |
622 | the revenue will provide. The level of services to be provided |
623 | will be consistent with the level upon which the fiscal year |
624 | 2009-2010 expense budget was predicted and in accordance with |
625 | adopted revenue. It is the responsibility of the town to adopt |
626 | appropriate ordinances, resolutions, or agreements as required |
627 | to ensure the continued collection of budgeted revenues with |
628 | which to fund services beginning January 1, 2010. Any revenues |
629 | adopted or received by the Town of Casey Key upon which delivery |
630 | of services was not predicted within the county's fiscal year |
631 | 2009-2010 adopted budget shall accrue to the Town of Casey Key. |
632 | Services that the county shall provide under the terms of this |
633 | agreement include all services provided to the Casey Key |
634 | municipal district as adopted by the Sarasota County Commission |
635 | prior to the Town of Casey Key becoming operational. |
636 | (6) FIRST-YEAR EXPENSES.--The council, in order to provide |
637 | moneys for the expenses and support of this town, shall have the |
638 | power to borrow money necessary for the operation of town |
639 | government until such time as a budget is adopted and revenues |
640 | are raised in accordance with the provisions of this charter. |
641 | (7) TRANSITIONAL ORDINANCES AND RESOLUTIONS.--The town |
642 | council shall adopt ordinances and resolutions required to |
643 | effect the transition. Ordinances adopted within 60 days after |
644 | the first council meeting shall be passed as emergency |
645 | ordinances. These transitional ordinances shall be effective for |
646 | no longer than 90 days after adoption and thereafter may be |
647 | readopted, renewed, or otherwise continued only in the manner |
648 | normally prescribed for ordinances. |
649 | (8) TRANSITIONAL COMPREHENSIVE PLAN AND LAND DEVELOPMENT |
650 | REGULATION.-- |
651 | (a) Until such time as the town adopts a comprehensive |
652 | plan, the applicable provisions of the Comprehensive Plan of |
653 | Sarasota County, as the same exists on the day the town |
654 | commences corporate existence, shall remain in effect as the |
655 | town's transitional comprehensive plan. However, all planning |
656 | functions, duties, and authority shall thereafter be vested in |
657 | the Town Council of Casey Key, which shall be deemed the local |
658 | planning agency until the council establishes a separate local |
659 | planning agency. |
660 | (b) All powers and duties of the Sarasota County Planning |
661 | and Land Development Regulations Commission, any boards of |
662 | adjustment and appeals created pursuant to statutory trade |
663 | codes, and the Sarasota County Commission, as set forth in these |
664 | traditional zoning and land use regulations, shall be vested in |
665 | the Town Council of Casey Key until such time as the town |
666 | council delegates all or a portion hereof to another entity. |
667 | (c) Subsequent to the commencement of the town's corporate |
668 | existence, no amendment of the town's land development |
669 | regulations enacted by the Sarasota County Commission shall be |
670 | deemed as an amendment of the town's transitional comprehensive |
671 | plan or land development regulations or shall otherwise take |
672 | effect within the town's corporate limits unless approved by the |
673 | town council. |
674 | (9) STATE-SHARED REVENUES; TOWN PARTICIPATION IN STATE |
675 | SHARED REVENUES PROGRAMS.--The Town of Casey Key shall be |
676 | entitled to participate in the state-shared revenues programs |
677 | effective immediately on the date of incorporation. The |
678 | provisions of section 218.23, Florida Statutes, shall be waived |
679 | for the purpose of eligibility to receive revenue sharing funds |
680 | from the date of incorporation through the state fiscal year |
681 | 2009-2010. Initial population estimates for calculating |
682 | eligibility for shared revenues shall be determined by the |
683 | University of Florida Bureau of Economic and Business Research. |
684 | Should the bureau be unable to provide an appropriate population |
685 | estimate, the Sarasota County Planning Department shall provide |
686 | an appropriate estimate. |
687 | Section 14. This act shall take effect only upon its |
688 | approval by a majority vote of those qualified electors residing |
689 | within the proposed corporate limits of the proposed Town of |
690 | Casey Key voting in a referendum election to be called by the |
691 | Sarasota County Commission and to be held in accordance with the |
692 | provisions of law currently in force, except that this section |
693 | shall take effect upon becoming a law. |