HB 1225

1
A bill to be entitled
2An act relating to the Town of Casey Key, Sarasota County;
3creating the town; providing a charter; providing
4legislative intent; providing for a council-manager form
5of government; providing municipal powers; providing for
6vested uses; providing boundaries; providing for a town
7council and its composition and qualifications; providing
8terms of office, powers, and duties of council members;
9providing for a mayor and vice mayor and their powers and
10duties; providing for compensation and expenses of the
11council; providing for vacancies, forfeiture of office,
12and filling of vacancies; providing for council meetings;
13providing for a town manager, town clerk, and town
14attorney and their qualifications, powers, and duties;
15providing for budget and appropriations; providing for
16elections; providing for elections to be held at large
17until the council creates voting districts; providing for
18municipal services; providing for charter amendment and
19review; providing for standards of conduct; providing
20severability; providing a transition schedule, including
21initial elections; providing for state-shared revenue;
22requiring a referendum; providing 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 "Town of Casey Key Charter" ("charter"), and
28the Town of Casey Key ("town") is hereby created and
29established.
30     Section 2.  Legislative intent.--The Legislature finds and
31declares that:
32     (1)  The Casey Key area of Sarasota County includes a
33compact and contiguous urban community amenable to separate
34municipal government.
35     (2)  The unique geographical features associated with Casey
36Key create a situation in which it is in the public interest to
37establish a municipal government for the purpose of managing the
38public affairs of the citizens of Casey Key.
39     (3)  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 Casey Key area with all powers and
42authority necessary to provide efficient and adequate municipal
43services to its residents. This power and authority includes,
44but is not limited to, the reasonable exercise of its police
45power to enhance public health, safety, and welfare, and to
46regulate traffic in and on the streets and highways within the
47jurisdiction of the town.
48     Section 3.  Powers.--
49     (1)  GOVERNMENT.--The town shall have a council-manager
50form of government.
51     (2)  MUNICIPAL POWERS.--The town shall be a body corporate
52and politic and shall have all the powers of a municipality
53under the State Constitution and laws of the state, as fully and
54completely as though such powers were specifically enumerated in
55this charter, unless otherwise prohibited by or contrary to the
56provisions of this charter. The town shall have all
57governmental, corporate, and proprietary powers necessary to
58enable it to conduct municipal government, perform municipal
59functions, and render municipal services and may exercise any
60power for municipal purposes unless expressly prohibited by law.
61Beach access may not be impeded by any local rule or government.
62All citizens are entitled to free access to the natural
63resources of the town. Therefore, this charter does not allow
64for toll booths or gates that block access to the beach by
65citizens who do not live on Casey Key.
66     (3)  VESTED USES.--This charter recognizes the vesting
67associated with the ongoing public use of the Nokomis Public
68Beach, South Jetty Park, and Blackburn Point Park within the
69boundaries thereof existing as of the effective date of this
70charter, and the public right of access thereto. This charter
71also recognizes as vested commercial uses those motels existing
72as of the effective date of this charter and lying within the
73commercial motel district, beginning at 105 Casey Key Road and
74ending inclusive of 433 Casey Key Road, and at 3905 Casey Key
75Road, and the Casey Key Fish House. Nothing in this recognition
76shall prevent the reasonable and legal regulation of such vested
77areas and business establishments by the Town of Casey Key in
78accordance with public policy and the laws and regulations of
79the United States and the state.
80     (4)  CONSTRUCTION.--The powers of the town shall be
81construed liberally in favor of the town, limited only by the
82State Constitution, general and special law, and specific
83limitations in this charter.
84     Section 4.  Corporate limits.--The following described area
85shall constitute the corporate boundary of the Town of Casey
86Key:
87     An area encompassing the Key known as Casey Key,
88lying within Township 38 South, Range 18 East and
89Township 39 South, Range 18 East, Sarasota County,
90Florida and described as follows:
91     BEGIN at the break point in the center line of
92the right-of-way of the West Coast Inland Navigation
93District Intracoastal Waterway Canal as shown on the
94Record Maps, dated August 15, 1969, as it turns
95southeast from the south end of Blackburn Bay to enter
96Roberts Bay, said point being easterly of the center
97of the Venice Inlet; thence along said center line for
98the following ten (10) calls; (1) thence
99N.24°55'00"W., a distance of 2,865.68 feet; (2) thence
100N.08°25'36"W., a distance of 2,158.61 feet; (3) thence
101N.02°59'54"W., a distance of 3,157.42 feet; (4) thence
102N.06°36'33"W., a distance of 1,968.40 feet; (5) thence
103N.30°47'40"W., a distance of 8,147.28 feet; (6) thence
104N.20°39'54"W., a distance of 3,436.03 feet; (7) thence
105N.37°01'07"W., a distance of 3,471.73 feet; (8) thence
106N.05°49'26"W., a distance of 2,100.00 feet; (9) thence
107N.16°41'35"W., a distance of 7,718.83 feet; (10)
108thence N.09°11'55"W., a distance of 710.18 feet to the
109intersection with the center line of old Midnight
110Pass; thence along said center line of Midnight Pass
111for the following five (5) calls; (1) thence
112N.81°26'52"W., a distance of 1,430.50 feet; (2) thence
113N.58°02'12"W., a distance of 1,189.21 feet; (3) thence
114N.67°30'27"W., a distance of 419.25 feet; (4) thence
115N.41°02'14"W., a distance of 233.80 feet; (5) thence
116S.59°45'29"W., a distance of 260 feet more or less to
117the Mean High Water Line of the Gulf of Mexico; thence
118southeasterly along said Mean High Water line, a
119distance of 37,374 feet, more or less, to the north
120side of the manmade structure known as the North
121Jetty; thence S.75°35'14"W., along said north line of
122the North Jetty structure, a distance of 352.73 feet;
123thence S.14°29'13"E., a distance of 170 feet, more or
124less to the center of the Venice Inlet (also known as
125Caseys Pass); thence along said center line of the
126Venice Inlet for the following two (2) calls; (1)
127thence N.75°14'56"E., a distance of 810.15 feet; (2)
128thence S.81°05'04"E., a distance of 678.31 feet;
129thence N.32°44'32"E., a distance of 422 feet, more or
130less to the southerly extension of the center line of
131the above mentioned right-of-way of the West Coast
132Inland Navigation District Intracoastal Waterway
133Canal; thence N.24°55'00"W., along said southerly
134extension, a distance of 253 feet to the POINT OF
135BEGINNING.
136     Section 5.  Town council.--
137     (1)  COMPOSITION; QUALIFICATIONS FOR OFFICE.--
138     (a)  Composition.--There shall be a five-member town
139council, consisting of five council members each serving for a
1404-year term, one of whom is elected by the members of the
141council to serve as the mayor for a 1-year term. All council
142members are elected at large from within the boundaries of Casey
143Key. For purposes of proper interpretation of this charter,
144unless the context otherwise requires, the term "council member"
145shall include the mayor.
146     (b)  Qualifications for office.--
147     1.  Each candidate for the office of town council shall be
148a qualified elector of the town.
149     2.  Each candidate for the office of town council shall
150have resided in the town for a minimum of 6 months immediately
151prior to qualifying.
152     3.  At the time of qualification, each candidate for a seat
153on the council shall reside within the boundaries of the Town of
154Casey Key and shall remain a resident of the town for the length
155of his or her term.
156     4.  For the initial election of council members and for
157each election thereafter, each individual seeking to qualify as
158a candidate for a seat on the council shall submit a petition or
159application supporting his or her candidacy to the town manager
160(or, for the initial election, to the Supervisor of Elections of
161Sarasota County) containing the signatures of 1 percent of the
162electors residing within the boundaries of the Town of Casey Key
163at large or payment of the required fee according to the Florida
164Election Code and declaring which seat he or she is endeavoring
165to obtain.
166     (2)  TERMS OF OFFICE.--
167     (a)  The term of office for each council member shall be 4
168years. In order to provide for the staggering of terms, the
169initial terms of office for seats two and four shall be for 2
170years each.
171     (b)  Each town council member shall remain in office until
172his or her successor is elected and assumes the duties of the
173position.
174     (3)  POWERS AND DUTIES OF COUNCIL.--
175     (a)  The form of government of the Town of Casey Key shall
176be the council form of government whereby the town council is
177the head of the town government.
178     (b)  Except as otherwise prescribed herein or provided by
179law, all managerial, executive, legislative, and police powers
180of the town shall be vested in the town council, including, but
181not limited to, the following:
182     1.  Enacting ordinances, establishing public policy, and
183providing general direction for staff actions.
184     2.  Reviewing and approving all policy and procedure
185manuals.
186     3.  Hiring and terminating employees and evaluating in
187writing the town manager's job performance at the end of an
188initial 6-month probationary period and at least yearly
189thereafter.
190     4.  Reviewing and approving all administrative
191recommendations for staff promotions, demotions, position
192classifications and reclassifications, and wage and salary
193increases.
194     5.  Approving payment of bills and contracts at town
195council meetings.
196     (c)  The town council shall provide for the exercise of its
197powers and for the performance of all duties and obligations
198imposed on the town by ordinance, resolution, motion, policy
199directive, or other appropriate action and may delegate such
200powers as it deems advisable to the town administrator or the
201town attorney.
202     (d)  The town council shall adopt a purchasing policies and
203procedures manual and a personnel policies and procedures
204manual.
205     (e)  Meetings of the town council shall take place on a
206regular basis at a time and place established by the town
207council. If the town council deems it appropriate, attendance of
208individual council members via electronic means shall be
209permitted in accordance with rules of procedure to be
210established by the town council.
211     (4)  MAYOR.--
212     (a)  Election.--There shall be a mayor elected annually by
213the council from among the council members. Such election shall
214take place at the first meeting after each regular town general
215election. If a given calendar year does not have an election,
216then the town council meeting closest to a 12-month term of
217office for the incumbent mayor shall serve as the electoral
218meeting for the purpose of electing a mayor for the next 12
219months. There shall be no restriction upon consecutive terms of
220office for the mayor, subject only to the requirement that the
221mayor must also be an elected town council member.
222     (b)  Powers.--The mayor shall have the same legislative
223powers and duties as any of the other council members, except as
224herein provided.
225     (c)  Duties.--The mayor shall preside at the meetings of
226the council, shall be recognized as the head of town government
227for ceremonial matters, and shall sign and execute ordinances,
228contracts, deeds, bonds, and other instruments and documents.
229The mayor shall have no administrative duties other than those
230necessary to accomplish these actions, unless otherwise
231authorized by the town council, consistent with general or
232special law.
233     (5)  VICE MAYOR.--
234     (a)  Appointment.--There shall be a vice mayor elected
235annually by the council from among the council members. Such
236election shall take place at the first meeting after each
237regular town general election.
238     (b)  Powers and duties.--The vice mayor shall have the same
239legislative powers and duties as any other council member,
240except that he or she shall serve as acting mayor during the
241absence or disability of the mayor and, during such period,
242shall have the same duties as provided for in paragraphs (4)(b)
243and (c). In the absence of the mayor and vice mayor, the
244remaining council members shall elect a council member to serve
245as acting mayor.
246     (6)  COMPENSATION AND EXPENSES.--
247     (a)  Compensation.--The annual salary of the mayor and
248council members shall be $10 per year. Any salary increase
249adopted by ordinance during any term will become effective 91
250days after the next term of office commences unless a later date
251is established.
252     (b)  Expenses.--The council may provide for reimbursement
253of actual expenses incurred by council members while performing
254their official duties.
255     (7)  VACANCIES; FORFEITURE OF OFFICE; FILLING OF
256VACANCIES.--
257     (a)  Vacancies.--A vacancy in the office of a council
258member shall occur upon the death of the incumbent, removal from
259office as authorized by law, resignation, appointment to other
260public office which creates dual officeholding, judicially
261determined incompetence, or forfeiture of office as herein
262described.
263     (b)  Forfeiture of office.--A council member shall forfeit
264his or her office if he or she:
265     1.  Is determined by the unanimous vote of the other
266members of the council, acting as a body, to lack at any time,
267or fails to maintain during his or her term of office, any
268qualification for the office as prescribed by this charter or
269otherwise required by law;
270     2.  Is convicted of a felony or enters a plea of guilty or
271nolo contendere to a crime punishable as a felony, even if
272adjudication of guilt has been withheld;
273     3.  Is found by the other members of the council, acting as
274a body, to have violated any standard of conduct or code of
275ethics established by law for public officials and has been
276suspended from office by the Governor, unless subsequently
277reinstated as provided by law;
278     4.  Is absent from three consecutive regular council
279meetings without being excused by the council; or
280     5.  Is removed from office by the electors of the town
281following 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
284mayor shall serve as mayor until a new mayor is elected after
285the next regularly scheduled town election and assumes the
286duties of his or her office. The council shall fill the council
287member's seat temporarily vacated by the vice mayor by
288appointment as herein provided.
289     2.  If a vacancy occurs in the office of any council member
290other than mayor and the remainder of the unexpired term is less
291than 2 years, the remaining council members shall, within 30
292days after the occurrence of such vacancy, by majority vote,
293appoint a person to fill the vacancy for the remainder of the
294unexpired term. If the remainder of the unexpired term exceeds 2
295years, the remaining council members shall, within 30 days after
296the occurrence of such vacancy, by majority vote, appoint a
297person to fill the vacancy until the next regularly scheduled
298town election.
299     3.  Any person appointed to fill a vacancy on the council
300is required to meet the qualifications of the seat to which he
301or she is appointed, except the petition requirement.
302     (d)  Extraordinary vacancies.--In the event that all
303members of the council are removed by death, disability, law, or
304forfeiture of office, the Governor shall appoint an interim
305council that shall call a special election to be held 60 to 90
306days after the interim council's appointment. Such election
307shall be held in the same manner as the initial election under
308this charter.
309     Section 6.  Town council meetings.--The council shall meet
310regularly at least once a quarter at such times and places as
311the council may prescribe by rule. Such meetings shall be public
312meetings and shall be subject to notice and other requirements
313of law applicable to public meetings.
314     (1)  The first meeting after a general town election at
315which elected or reelected council members are inducted into
316office shall be held on the first Monday after such election.
317     (2)  A majority of the council shall constitute a quorum.
318Once a quorum is reached, no action of the council shall be
319valid unless adopted by an affirmative vote of a majority of the
320council members in attendance, unless otherwise provided by law
321or stated herein. All actions of the town council shall be by
322ordinance, resolution, or motion.
323     (3)  Special meetings may be held at the call of the mayor
324or, in his or her absence, the vice mayor. Special meetings may
325also be called upon the request of a majority of the council
326members. The town manager shall provide not less than 24 hours'
327notice of the meeting to the public, when practical.
328     (4)  Voting on ordinances and resolutions shall be by roll
329call and shall be recorded by the town clerk in the journal. The
330town council shall determine its own rules and order of
331business.
332     Section 7.  Designated charter officers.--
333     (1)  DESIGNATED CHARTER OFFICERS.--The initial designated
334charter officers shall be the town manager, town clerk, and town
335attorney. Other charter officers may be appointed by majority
336vote of the council.
337     (a)  Appointment.--The charter officers shall be appointed
338by a majority vote of the full council and shall serve at the
339pleasure of the council.
340     (b)  Removal.--The charter officers shall be removed from
341office by a majority vote of the full council. If the vote is
342not unanimous, the charter officer may, within 7 days after the
343dismissal motion by the council, submit to the mayor a written
344request for reconsideration. Any action taken by the council at
345the reconsideration hearing shall be final.
346     (c)  Compensation.--The compensation of the charter
347officers shall be fixed by the town council.
348     (d)  Filling of vacancies.--The town council shall begin
349the process to fill a vacancy in the charter office of the town
350manager or the town attorney within 90 days after the vacancy
351occurs. An acting town manager or acting town attorney may be
352appointed by the town council during a vacancy in office.
353     (e)  Candidate for town office.--No charter officer shall
354be a candidate for any elected office while holding his or her
355charter office position.
356     (2)  TOWN MANAGER.--The town council members may contract
357with a town manager. The town manager shall be the chief
358administrative officer of the town and shall serve at the
359direction and discretion of the town council. The town manager
360when necessary shall appoint, suspend, demote, or dismiss any
361town employee under his or her jurisdiction in accordance with
362law and the personnel rules, and may authorize any department
363head to exercise these powers with respect to subordinates in
364that department. The town manager shall direct and supervise the
365administration of all departments of the town except the offices
366of town clerk and town attorney and shall attend all council
367meetings unless excused by the town council and shall have the
368right to take part in discussions, but not vote. He or she shall
369see that all laws, charter provisions, ordinances, resolutions,
370and other acts of the council subject to enforcement by him or
371her are faithfully executed, and he or she shall act as the
372town's director of emergency management with all of the
373authority of that position granted by the town's emergency
374management plan, the town council, state law, or town or county
375ordinance. The town manager shall also prepare and submit the
376annual budget, budget message, and capital program to the
377council, and shall keep the council fully advised as to the
378financial condition and future needs of the town, and shall make
379such recommendations to the council concerning the affairs of
380the town as he or she deems desirable. The town manager shall
381designate a qualified town employee to exercise the powers and
382perform the duties of town manager during any temporary absence
383or disability of the town manager. The council may revoke such
384designation at any time and appoint another eligible person,
385other than a currently sitting council member, to serve as
386acting town manager.
387     (3)  TOWN CLERK.--The town council members may contract
388with a town clerk. The town clerk shall give notice of all town
389meetings to the town council and the public as required by law
390and shall attend all such meetings in person or by designee and
391shall keep minutes of the proceedings. The town clerk shall
392authenticate by signature and be custodian of this charter, all
393ordinances, resolutions, and other town documents and shall
394perform such other duties as required by law or by the council.
395The town clerk shall be the supervisor of elections for the
396town. The town clerk when necessary shall appoint, suspend,
397demote, or dismiss any employee in the office of the town clerk
398in accordance with law and the personnel rules of the town. The
399town clerk shall prepare annual budgets for the operation of the
400office of the town clerk and the town council and shall submit
401these budgets to the town manager for inclusion in the annual
402town budget in accordance with uniform town procedures.
403     (4)  TOWN ATTORNEY.--The town council members may contract
404with a town attorney. The town attorney shall be the chief legal
405officer and advisor of the town. The town attorney may either be
406retained in house or be retained part time under contract. The
407town attorney shall be a member of The Florida Bar. The town
408attorney or his or her designee shall attend all town council
409meetings and perform such professional duties as may be required
410of him or her by law or by the council. The town attorney when
411necessary shall appoint, suspend, demote, or dismiss any
412employee in the office of the town attorney in accordance with
413law and the personnel rules of the town. The town attorney shall
414prepare an annual budget for the operation of the office of the
415town attorney and shall submit this budget to the town manager
416for inclusion in the annual town budget in accordance with
417uniform town procedures.
418     Section 8.  Budget and appropriations.--
419     (1)  The town council shall adopt an annual budget by
420ordinance before October 1 of each year, and set tax rates in
421accordance with state law. An ordinance adopting an annual
422budget shall constitute appropriations of the amounts specified
423as expenditures from the funds indicated and shall constitute a
424levy of the property tax proposed.
425     (2)  The town council shall have all powers of local
426government vested in it by state law relative to fiscal
427processes and procedures.
428     (3)  The town council shall adopt a financial policy at
429such times as it deems appropriate to provide for financial
430management policies of the town.
431     (4)  The town council shall enact a purchasing code to
432regulate the procurement of goods and services.
433     (5)  No single expenditure or indebtedness in excess of $1
434million may be made without an affirmative vote of the majority
435of 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,
438who has qualified as an elector of the state, and who registers
439in the manner prescribed by law shall be an elector of the town.
440     (2)  NONPARTISAN ELECTIONS.--All elections for town council
441members shall be conducted on a nonpartisan basis without any
442designation of political party affiliation.
443     (3)  QUALIFICATIONS.--Candidates for the office of town
444council member shall qualify for office by filing a written
445notice of candidacy with the designated official at such time
446and in such manner as may be prescribed by the Florida Election
447Code and as otherwise provided in this charter.
448     (4)  PROCEDURE FOR REGULAR ELECTIONS AND RUNOFF
449ELECTIONS.--
450     (a)  The regular election of the town council members shall
451be held on the third Tuesday after the third Monday in April in
452each even-numbered year when the 4-year term for each respective
453seat has expired, in the manner provided for by this charter.
454Runoff elections, if necessary, shall be held on the third
455Tuesday after the third Monday in May in the same year.
456     (b)  No later than noon Friday, 3 weeks before the election
457for office, any individual who wishes to run for one of the five
458initial seats on the council shall qualify as a candidate with
459the Sarasota County Supervisor of Elections in accordance with
460the provisions of this charter and general law. Each candidate
461must specify which of the seats he or she desires to campaign
462for and serve. The candidate must also follow the procedures
463delineated in section 5.
464     (c)  The town canvassing board shall be composed of the
465charter officers and at least one citizen from the area or
466municipality of Casey Key, and the town attorney shall act as
467chairperson. The board shall certify the results of the
468election.
469     (d)  After the initial election, the town council members
470shall decide how results are certified by ordinance.
471     (e)  If two or more persons qualify for a seat and none
472receives a majority of the votes cast for that seat, the two
473candidates receiving the highest number of votes or all
474candidates receiving the highest and equal number of votes shall
475face each other in a runoff election. The person receiving the
476highest number of votes in the runoff election shall be elected.
477The canvass of returns for a runoff election shall be the same
478as for a general election.
479     (f)  In the event of a tie vote for any seat at the runoff
480election, the names of the candidates who tied shall be placed
481in a box and one name shall be drawn by a member of the
482canvassing board. The candidate whose name is drawn from the box
483shall be the winning candidate.
484     (g)  The result of the voting, when ascertained, shall be
485certified by a return in duplicate, signed by two of the members
486of the canvassing board. One copy shall be delivered to the town
487attorney and the other copy shall be delivered to the town
488manager. Both returns are to be delivered to the town council at
489a meeting to be held at noon on the day after certification of
490the election results. At such meeting, the town council shall
491convey the return and announce the results of the election on
492the official record. The certificate shall be placed on file
493with the town clerk.
494     (5)  INDUCTION INTO OFFICE.--
495     (a)  Those candidates who are elected shall be inducted
496into office and take office at a meeting held at the regular
497meeting place of the council no more than 30 days after the
498final election requirements are determined to be in compliance.
499     (b)  After election or appointment and before taking office
500each council member or charter officer of the town shall swear
501or affirm: "I do solemnly swear (or affirm) that I will support,
502honor, protect, and defend the Constitution and government of
503the United States and of the State of Florida; that I am duly
504qualified to hold office under the Constitution of the State and
505under the Charter of the Town of Casey Key; and that I will well
506and faithfully perform the duties of (title of office) on which
507I am now about to enter so help me God."
508     (c)  Initial elections shall be held after the referendum
509for incorporation as stated in section 13.
510     (6)  RECALL OF TOWN COUNCIL MEMBERS.--Any member of the
511town council may be removed from office by the electors of the
512town following the procedures of recall established in general
513law.
514     (7)  DISTRICT BOUNDARIES.--
515     (a)  Elections shall be held at large until such time as
516the council members pass an ordinance providing for voting
517districts.
518     (b)  In the event that the council members pass an
519ordinance providing for voting districts, such districts shall
520come up for review every 5 years after the first election the
521districts are in use, unless an earlier review is determined
522necessary by the supervisor of elections and the council.
523     Section 10.  Casey Key area municipal services.--After the
524first general election, the town council members may authorize
525the town manager to enter into contracts for municipal services
526on behalf of the Town of Casey Key. Before a town manager is
527hired, the mayor is authorized to enter into contracts for
528services on behalf of the town.
529     Section 11.  General provisions.--
530     (1)  CHARTER AMENDMENT.--This charter may be amended in
531accordance with the provisions of the Municipal Home Rule Powers
532Act, chapter 166, Florida Statutes, or as may otherwise be
533provided by general law. The form, content, and certification of
534any petition to amend the charter shall be established by
535ordinance.
536     (2)  CHARTER REVIEW.--The standards for charter review
537shall be established by ordinance.
538     (3)  INITIATIVE AND REFERENDUM.--At least 25 percent of the
539qualified electorate of the town shall have the power to
540petition to propose an ordinance or to require reconsideration
541of an adopted ordinance, and if the council fails to adopt such
542ordinance so proposed or to repeal such adopted ordinance
543without any change in substance, then the council shall place
544the proposed ordinance or the repeal of the adopted ordinance on
545the ballot at the next general election.
546     (4)  STANDARDS OF CONDUCT.--All elected officials and
547employees of the town shall be subject to the standards of
548conduct for public officials and employees set by general law.
549In addition, the town council may by ordinance establish a code
550of ethics for officials and employees of the town which may be
551supplemental to the general law, but in no case may such an
552ordinance diminish the provisions of general law.
553     Section 12.  Severability.--If any provision of this act or
554the application thereof to any person or circumstance is held
555invalid, the invalidity shall not affect other provisions or
556applications of this act which can be given effect without the
557invalid provision or application, and to this end the provisions
558of this act are declared severable.
559     Section 13.  Transition schedule.--
560     (1)  REFERENDUM.--The referendum election called for the
561purposes of this act shall be held on November 3, 2009. At such
562time, the issue of whether to incorporate the Town of Casey Key
563shall be placed upon the ballot. In the event the electorate
564votes affirmatively by a majority of electors voting in the
565referendum to incorporate and establish the Town of Casey Key,
566the provisions of this charter shall take effect as provided
567herein.
568     (2)  CREATION AND ESTABLISHMENT OF TOWN.--For the purpose
569of compliance with general law relating to assessment and
570collection of ad valorem taxes, the Town of Casey Key is hereby
571created and established effective the date this charter becomes
572law.
573     (3)  INITIAL ELECTION OF COUNCIL MEMBERS; DATES, QUALIFYING
574PERIOD, CERTIFICATION OF ELECTION RESULTS; INDUCTION INTO
575OFFICE.--
576     (a)  After the adoption of this charter in accordance with
577this section, the Sarasota County Commission shall call a
578special election of the five town council members to be held as
579soon as possible but no more than 90 days after an affirmative
580vote to incorporate by referendum at the convenience of the
581supervisor of elections. Any necessary runoff elections shall be
582held as soon as possible but no sooner than 14 days and no more
583than 60 days after the special election at the convenience of
584the supervisor of elections.
585     (b)  No later than noon Friday, 3 weeks before the election
586of council members, any individual who wishes to run for one of
587the five initial seats on the council shall qualify as a
588candidate with the Sarasota County Supervisor of Elections in
589accordance with the provisions of this charter and general law.
590Each candidate must specify for which of the seats he or she
591desires to campaign and serve.
592     (c)1.  The Sarasota County Commission shall appoint a
593canvassing board of three members who are not candidates which
594shall certify the results of the election. At least one citizen
595from the area or municipality of Casey Key shall be appointed to
596serve on the canvassing board.
597     2.  After the initial election, the town council members
598shall decide how results are certified by ordinance.
599     3.  If two or more persons qualify for a seat and none
600receives a majority of the votes cast for that seat, the two
601candidates receiving the highest number of votes or all
602candidates receiving the highest and equal number of votes shall
603face each other in a runoff election. The person receiving the
604highest number of votes at the runoff election shall be elected.
605The canvass of returns for the runoff election shall be the same
606as for a general election.
607     4.  In the event of a tie vote for any seat at the runoff
608election, the names of the candidates who tied shall be placed
609in a box and one name shall be drawn by a member of the
610canvassing board. The candidate whose name is drawn from the box
611shall be the winning candidate.
612     (4)  INDUCTION INTO OFFICE.--Those candidates who are
613elected shall be inducted into office and take office at the
614initial town council meeting, which shall be held no more than
61530 days after the final election requirements are determined to
616be in compliance at the Sarasota County facilities located at
617800 Blackburn Point Road, Casey Key.
618     (5)  TRANSITION SERVICES AND COMPENSATION.--It is intended
619that Sarasota County provide and be compensated for the
620provision of services for the Town of Casey Key as budgeted for
621in the fiscal year 2009-2010 Sarasota County Budget as far as
622the revenue will provide. The level of services to be provided
623will be consistent with the level upon which the fiscal year
6242009-2010 expense budget was predicted and in accordance with
625adopted revenue. It is the responsibility of the town to adopt
626appropriate ordinances, resolutions, or agreements as required
627to ensure the continued collection of budgeted revenues with
628which to fund services beginning January 1, 2010. Any revenues
629adopted or received by the Town of Casey Key upon which delivery
630of services was not predicted within the county's fiscal year
6312009-2010 adopted budget shall accrue to the Town of Casey Key.
632Services that the county shall provide under the terms of this
633agreement include all services provided to the Casey Key
634municipal district as adopted by the Sarasota County Commission
635prior to the Town of Casey Key becoming operational.
636     (6)  FIRST-YEAR EXPENSES.--The council, in order to provide
637moneys for the expenses and support of this town, shall have the
638power to borrow money necessary for the operation of town
639government until such time as a budget is adopted and revenues
640are raised in accordance with the provisions of this charter.
641     (7)  TRANSITIONAL ORDINANCES AND RESOLUTIONS.--The town
642council shall adopt ordinances and resolutions required to
643effect the transition. Ordinances adopted within 60 days after
644the first council meeting shall be passed as emergency
645ordinances. These transitional ordinances shall be effective for
646no longer than 90 days after adoption and thereafter may be
647readopted, renewed, or otherwise continued only in the manner
648normally prescribed for ordinances.
649     (8)  TRANSITIONAL COMPREHENSIVE PLAN AND LAND DEVELOPMENT
650REGULATION.--
651     (a)  Until such time as the town adopts a comprehensive
652plan, the applicable provisions of the Comprehensive Plan of
653Sarasota County, as the same exists on the day the town
654commences corporate existence, shall remain in effect as the
655town's transitional comprehensive plan. However, all planning
656functions, duties, and authority shall thereafter be vested in
657the Town Council of Casey Key, which shall be deemed the local
658planning agency until the council establishes a separate local
659planning agency.
660     (b)  All powers and duties of the Sarasota County Planning
661and Land Development Regulations Commission, any boards of
662adjustment and appeals created pursuant to statutory trade
663codes, and the Sarasota County Commission, as set forth in these
664traditional zoning and land use regulations, shall be vested in
665the Town Council of Casey Key until such time as the town
666council delegates all or a portion hereof to another entity.
667     (c)  Subsequent to the commencement of the town's corporate
668existence, no amendment of the town's land development
669regulations enacted by the Sarasota County Commission shall be
670deemed as an amendment of the town's transitional comprehensive
671plan or land development regulations or shall otherwise take
672effect within the town's corporate limits unless approved by the
673town council.
674     (9)  STATE-SHARED REVENUES; TOWN PARTICIPATION IN STATE
675SHARED REVENUES PROGRAMS.--The Town of Casey Key shall be
676entitled to participate in the state-shared revenues programs
677effective immediately on the date of incorporation. The
678provisions of section 218.23, Florida Statutes, shall be waived
679for the purpose of eligibility to receive revenue sharing funds
680from the date of incorporation through the state fiscal year
6812009-2010. Initial population estimates for calculating
682eligibility for shared revenues shall be determined by the
683University of Florida Bureau of Economic and Business Research.
684Should the bureau be unable to provide an appropriate population
685estimate, the Sarasota County Planning Department shall provide
686an appropriate estimate.
687     Section 14.  This act shall take effect only upon its
688approval by a majority vote of those qualified electors residing
689within the proposed corporate limits of the proposed Town of
690Casey Key voting in a referendum election to be called by the
691Sarasota County Commission and to be held in accordance with the
692provisions of law currently in force, except that this section
693shall take effect upon becoming a law.


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