| 1 | A bill to be entitled |
| 2 | An act relating to St. Johns County; creating and |
| 3 | establishing a charter form of government for St. Johns |
| 4 | County pursuant to the Florida Constitution; providing a |
| 5 | charter; providing powers; providing for separation of |
| 6 | legislative and executive powers; providing for a board of |
| 7 | commissioners; providing for districts; providing for |
| 8 | elections and terms of office; providing for compensation; |
| 9 | providing for campaign finance regulation; providing for |
| 10 | ordinances and resolutions; providing for conflict with |
| 11 | municipal ordinances; providing for a county |
| 12 | administrator; providing for duties, qualifications, |
| 13 | appointment, and compensation; requiring a bond; providing |
| 14 | for a county attorney; providing for duties, |
| 15 | qualifications, appointment, and compensation; providing |
| 16 | for election of offices of sheriff, property appraiser, |
| 17 | tax collector, clerk of circuit court, and supervisor of |
| 18 | elections; requiring the commissioners to adopt an |
| 19 | administrative code; providing for charter amendments; |
| 20 | providing for a code of ethics, political activity, |
| 21 | vacancies, public meetings, and recall; providing for |
| 22 | officers of former government; providing severability; |
| 23 | providing for a referendum; providing an effective date. |
| 24 |
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| 25 | Be It Enacted by the Legislature of the State of Florida: |
| 26 |
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| 27 | Section 1. Creation.-- |
| 28 | (1) CHARTERED COUNTY.--St. Johns County shall be a charter |
| 29 | county under Art. VIII, s. 1(g) of the Florida Constitution. Its |
| 30 | boundaries are as provided in section 7.58, Florida Statutes. |
| 31 | (2) EXTENT.--This charter creates a charter county |
| 32 | government for St. Johns County but shall not affect the |
| 33 | constitutional status, powers, and authority of constitutional |
| 34 | officers as defined in Art. VIII, s. 1(d) of the Florida |
| 35 | Constitution. |
| 36 | Section 2. Powers.--The county government shall have all |
| 37 | powers of local self-government as prescribed by Art. VIII, s. |
| 38 | 1(g) of the Florida Constitution as limited by this charter. The |
| 39 | St. Johns County charter government shall operate as described |
| 40 | by section 125.84(2), Florida Statutes, under an elected charter |
| 41 | county commission and an appointed county manager form of |
| 42 | government with separation of legislative and executive |
| 43 | functions in accordance with the provisions of this home rule |
| 44 | charter. The county manager appointed under section 5(2) shall |
| 45 | be designated "county administrator." |
| 46 | Section 3. Separation of legislative and executive |
| 47 | powers.--The power of the county government shall be divided |
| 48 | between legislative and executive branches. No person belonging |
| 49 | to one branch shall exercise any powers appertaining to the |
| 50 | other branch unless expressly provided herein. |
| 51 | Section 4. Legislative power.--The legislative power of |
| 52 | the county, not inconsistent with this charter, shall be vested |
| 53 | in the charter board of county commissioners. The term "board" |
| 54 | means the charter board of county commissioners. |
| 55 | (1) CHARTER BOARD OF COUNTY COMMISSIONERS.-- |
| 56 | (a) In the place of the constitutional board of county |
| 57 | commissioners in a noncharter county as prescribed by Art. VIII, |
| 58 | s. 1(e) of the Florida Constitution, the charter board of county |
| 59 | commissioners shall consist of five charter commissioners |
| 60 | serving staggered terms of 4 years each. Each charter |
| 61 | commissioner shall be elected countywide by qualified electors |
| 62 | residing in St. Johns County. Charter commissioners shall be |
| 63 | entitled to engage in other employment, professions, and |
| 64 | businesses that do not interfere with the charter commissioner's |
| 65 | full discharge of duties on the board in accordance with chapter |
| 66 | 112, Florida Statutes. Prior to voting on any matter, any |
| 67 | charter commissioner having a conflict of interest shall declare |
| 68 | that conflict to the board in accordance with chapter 112, |
| 69 | Florida Statutes. Charter commissioners are not constitutional |
| 70 | officers. |
| 71 | (b) In the first meeting of the charter board of county |
| 72 | commissioners after each general election, the board shall elect |
| 73 | a presiding officer who shall serve until the first meeting |
| 74 | after the next succeeding general election. The presiding |
| 75 | officer shall serve at the will of the board. The board may |
| 76 | remove a presiding officer and elect a successor from the |
| 77 | charter commissioners in any public meeting. The board may not |
| 78 | remove a charter commissioner from the office of charter |
| 79 | commissioner. |
| 80 | (2) DISTRICTS.--The charter board of county commissioners |
| 81 | shall by ordinance divide the territory of the county into five |
| 82 | separate geographic districts, designated as districts 1 through |
| 83 | 5, respectively, as nearly equal in population as practicable. |
| 84 | The initial districts shall be those established in the |
| 85 | superseded noncharter county government pursuant to the 2000 |
| 86 | decennial census as specified by section 11(2) and shall remain |
| 87 | until supplanted as specified by subsection (4). |
| 88 | (3) REDISTRICTING.--Within 120 days after the |
| 89 | certification of each succeeding federal decennial census, and |
| 90 | at any other time when required by this charter or by general |
| 91 | law, the charter board of county commissioners shall by |
| 92 | ordinance reapportion and redesignate the boundaries of |
| 93 | districts 1 through 5. The charter board of commissioners shall |
| 94 | divide the county into five districts of contiguous territory as |
| 95 | nearly equal in population as practicable in accordance with |
| 96 | Art. VIII, s. 1(e) of the Florida Constitution. The charter |
| 97 | board of county commission district boundaries shall be changed |
| 98 | only after notice and a public hearing as provided by general |
| 99 | law. |
| 100 | (4) RESIDENCY REQUIREMENT AND LIMIT ON TERMS.--Each |
| 101 | candidate for a seat on the charter board of county |
| 102 | commissioners shall be a registered voter of the district for |
| 103 | which the candidate qualifies and must reside within that |
| 104 | district at the time of qualifying to run for the office of |
| 105 | charter county commissioner. Each charter commissioner shall |
| 106 | reside within the district elected for charter commissioner, |
| 107 | provided that any charter commissioner who is removed from a |
| 108 | district due to redistricting may continue to serve during the |
| 109 | balance of the term in office. No person who has served for two |
| 110 | consecutive 4-year terms of office as a member of the board of |
| 111 | charter commissioners shall be eligible for election as a member |
| 112 | of the board of charter commissioners for the next succeeding |
| 113 | term, including any member elected to the board of charter |
| 114 | commissioners not completing a term in office due to resignation |
| 115 | or removal from office. A noncharter county commissioner serving |
| 116 | as an incumbent at the time this charter becomes effective shall |
| 117 | be eligible for election to two consecutive terms as a charter |
| 118 | commissioner at the end of the incumbent term. |
| 119 | (5) ELECTION AND TERMS OF OFFICE.-- |
| 120 | (a) Except as provided herein, elections for the charter |
| 121 | board of county commissioners shall be as provided for county |
| 122 | commissioners in noncharter counties. Each charter commissioner |
| 123 | shall be elected by qualified electors residing in St. Johns |
| 124 | County. |
| 125 | (b) Each charter commissioner shall be elected for a term |
| 126 | of 4 years. Terms of office shall commence on the second Tuesday |
| 127 | following the general election at which the charter commissioner |
| 128 | was elected. |
| 129 | (c) The terms of office of charter commissioners |
| 130 | representing even-numbered districts shall coincide with the |
| 131 | term of office for the current even-numbered district |
| 132 | commissioners. |
| 133 | (d) The terms of office of charter commissioners |
| 134 | representing an odd-numbered districts shall coincide with the |
| 135 | terms of office for the current odd-numbered district |
| 136 | commissioners. |
| 137 | (6) COMPENSATION.--Charter commissioners of the charter |
| 138 | board of county commissioners shall be compensated as provided |
| 139 | by ordinance at a rate not more than the salary that would have |
| 140 | been authorized by general law had this charter not been |
| 141 | adopted. |
| 142 | (7) ENACTMENT OF ORDINANCES AND RESOLUTIONS.--The charter |
| 143 | board of county commissioners may take official action only by |
| 144 | the adoption of ordinances, resolutions, or motions. Unless |
| 145 | otherwise provided herein or by applicable law, all ordinances |
| 146 | and resolutions shall be adopted by a vote of not fewer than |
| 147 | three charter commissioners, and all motions shall be adopted by |
| 148 | majority vote of the charter commissioners present. Unless a |
| 149 | larger number is otherwise prescribed herein or by applicable |
| 150 | law, a quorum shall consist of not fewer than three charter |
| 151 | commissioners. |
| 152 | (8) CONFLICT WITH MUNICIPAL ORDINANCES.--Nothing in this |
| 153 | charter will serve to preempt any municipal ordinance. A St. |
| 154 | Johns County ordinance in conflict with a municipal ordinance |
| 155 | shall not be effective within the municipality to the extent of |
| 156 | such conflict, unless adopted by the municipality. To the extent |
| 157 | that a county ordinance is specifically applicable to the |
| 158 | incorporated area and a municipal ordinance shall cover the same |
| 159 | subject without conflict, then both the municipal ordinance and |
| 160 | the county ordinance shall be effective, each being deemed |
| 161 | supplemental to the other. |
| 162 | (9) LIMITATIONS ON POWERS.--The charter county shall have |
| 163 | the power of eminent domain as specified in Art. X, s. 6 of the |
| 164 | Florida Constitution, subject to limitations set forth in |
| 165 | section 73.013, Florida Statutes, and subject to provisions of |
| 166 | general law. |
| 167 | Section 5. County administrator.--Except as vested in |
| 168 | constitutional officers prescribed by Art. VIII, s. 1(d) of the |
| 169 | Florida Constitution or otherwise prescribed herein, the |
| 170 | executive authority of the charter government shall be vested in |
| 171 | a county administrator. The county administrator may appoint |
| 172 | assistant county administrators who shall serve at the pleasure |
| 173 | of the county administrator. Subject to the budget approved by |
| 174 | the charter board of county commissioners, the county |
| 175 | administrator shall employ all employees necessary to perform |
| 176 | the work of the charter county government and may remove them in |
| 177 | accordance with lawful procedures. |
| 178 | (1) ADMINISTRATIVE ORGANIZATION.--Except as vested in |
| 179 | constitutional officers prescribed by Art. VIII, s. 1(d) of the |
| 180 | Florida Constitution or otherwise prescribed herein, all |
| 181 | functions of the executive branch shall be allotted among |
| 182 | departments or offices. The county administrator shall appoint |
| 183 | department and office heads who shall report to and serve at the |
| 184 | pleasure of the county administrator. Each department or office |
| 185 | shall be administered in accordance with the administrative code |
| 186 | prescribed herein. |
| 187 | (2) COUNTY ADMINISTRATOR: QUALIFICATIONS, APPOINTMENT, |
| 188 | COMPENSATION.-- |
| 189 | (a) The county administrator shall be a full-time officer |
| 190 | and employee of the charter government. |
| 191 | (b) The county administrator shall have a minimum of 5 |
| 192 | years of executive or management experience in public |
| 193 | administration in a local government of similar size to St. |
| 194 | Johns County. The county administrator shall hold a bachelor's |
| 195 | degree in political science, public administration or |
| 196 | management, or a related field, with a master's degree in public |
| 197 | administration preferred. The county administrator need not be a |
| 198 | resident of the county at the time of appointment, but shall, |
| 199 | within 6 months from the date of taking office, become and |
| 200 | remain a resident of the county. The county administrator shall |
| 201 | not engage in any other business, profession, or occupation. |
| 202 | Nothing in this paragraph shall prohibit service in the National |
| 203 | Guard or military reserve. |
| 204 | (c) The county administrator shall be appointed by a vote |
| 205 | of not fewer than three charter commissioners and may be removed |
| 206 | at any time by a vote of not fewer than three charter |
| 207 | commissioners. |
| 208 | (d) The charter board of county commissioners shall fix by |
| 209 | resolution the compensation of the county administrator at a |
| 210 | level commensurate with the requirements of the position. The |
| 211 | employment contract for the county administrator may include a |
| 212 | provision for severance pay. |
| 213 | (e) The office of county administrator shall be deemed |
| 214 | vacant if the incumbent takes up residence outside the county, |
| 215 | dies, becomes unable to perform the functions of the office for |
| 216 | any reason, resigns, or is removed by the board. The board shall |
| 217 | fill a vacancy in the office of county administrator in the same |
| 218 | manner as the original appointment. The board may appoint an |
| 219 | interim administrator in the case of a temporary vacancy in the |
| 220 | office for any reason. An interim administrator shall serve |
| 221 | until a successor has taken office, the county administrator has |
| 222 | returned, or as otherwise directed by the board. |
| 223 | (3) POLITICAL ACTIVITY BY ADMINISTRATOR.--The county |
| 224 | administrator shall not hold any political office or take part |
| 225 | in any political activity other than voting. |
| 226 | (4) PERFORMANCE BOND.--The county administrator shall be |
| 227 | required to post a performance bond in accordance with general |
| 228 | law. |
| 229 | Section 6. Legal affairs.--Except as otherwise provided |
| 230 | herein and by law, the legal affairs of the charter county shall |
| 231 | be vested in the office of the county attorney. The charter |
| 232 | board of county commissioners shall appoint the county attorney |
| 233 | by vote of not fewer than three charter commissioners and may |
| 234 | remove the county attorney at any time by a vote of not fewer |
| 235 | than three charter commissioners. Subject to the budget and |
| 236 | approved by the charter board of county commissioners, the |
| 237 | county attorney may appoint assistant county attorneys, hire |
| 238 | administrative staff, and, with the approval of the charter |
| 239 | board of county commissioners, hire outside counsel when needed. |
| 240 | Assistant attorneys shall serve at the pleasure of the county |
| 241 | attorney. |
| 242 | (1) COUNTY ATTORNEY DUTIES.--The county attorney shall |
| 243 | report to the charter board of county commissioners and shall |
| 244 | represent the board and the executive branch of government. The |
| 245 | board may authorize the county attorney to represent the |
| 246 | constitutional officers prescribed by Art. VIII, s. 1(d) of the |
| 247 | Florida Constitution and other governmental entities when no |
| 248 | conflict exists. Nothing in this charter shall require the |
| 249 | county attorney to render legal services in any particular |
| 250 | circumstance that in the professional discretion and judgment of |
| 251 | the county attorney would violate The Florida Bar Code of |
| 252 | Professional Responsibility or create a direct conflict of |
| 253 | interest between the board of county commissioners or other |
| 254 | charter county clients and the county attorney. |
| 255 | (2) COUNTY ATTORNEY; QUALIFICATIONS, APPOINTMENT, |
| 256 | COMPENSATION.-- |
| 257 | (a) The county attorney shall be a member of The Florida |
| 258 | Bar, shall have had at least 5 years' experience in local |
| 259 | government law, and shall meet other qualifications prescribed |
| 260 | by resolution of the charter board of county commissioners. The |
| 261 | county attorney need not be a resident of the county at the time |
| 262 | of appointment but shall within 6 months of taking office become |
| 263 | and remain a resident of the county. |
| 264 | (b) The county attorney shall be a full-time employee of |
| 265 | the county and shall not otherwise engage in the practice of law |
| 266 | or other occupation, profession, or business except as |
| 267 | authorized by the board by resolution. Nothing in this paragraph |
| 268 | shall prohibit service in the National Guard or military |
| 269 | reserve. |
| 270 | (c) The charter board of county commissioners shall fix |
| 271 | compensation of the county attorney by resolution at a level |
| 272 | commensurate with the position. The employment contract of the |
| 273 | county attorney may include a provision for severance pay. |
| 274 | (d) The office of the county attorney shall be deemed |
| 275 | vacant if the incumbent takes up residence outside the county, |
| 276 | dies, becomes unable to perform the functions of the office for |
| 277 | any reason, resigns, or is removed by the board. In the event of |
| 278 | a temporary vacancy in the office of county attorney, the |
| 279 | charter board of county commissioners may appoint the chief |
| 280 | assistant county attorney, if one has been appointed, other |
| 281 | assistant county attorney, or any other lawyer possessing the |
| 282 | credentials prescribed herein to serve as county attorney until |
| 283 | the vacancy terminates. |
| 284 | (3) POLITICAL ACTIVITY BY COUNTY ATTORNEY.--The county |
| 285 | attorney shall not hold any political office or take part in any |
| 286 | political activity other than voting. |
| 287 | Section 7. Elected county constitutional offices.--The |
| 288 | offices of sheriff, property appraiser, tax collector, clerk of |
| 289 | the circuit court, and supervisor of elections shall remain as |
| 290 | elected constitutional offices and the powers, duties, and |
| 291 | functions shall not be altered by this home rule charter. The |
| 292 | constitutional officers shall perform their executive and |
| 293 | administrative functions as specified by law. |
| 294 | Section 8. Administrative code.-- |
| 295 | (1)(a) The charter board of county commissioners shall |
| 296 | adopt an administrative code by ordinance to organize the |
| 297 | executive branch charter county government into departments and |
| 298 | offices, to prescribe the duties, responsibilities, and |
| 299 | authority of the county administrator, to organize and prescribe |
| 300 | the functions of the departments and offices of the charter |
| 301 | county government, and to codify other ordinances, rules, |
| 302 | regulations, practices, and procedures as directed by the board. |
| 303 | (b) The county administrator shall compile, publish, and |
| 304 | disseminate the administrative code, and from time to time and |
| 305 | as directed by the board, propose revisions thereto. |
| 306 | (c) Nothing herein shall impair the authority of |
| 307 | constitutional county officers under Art. VIII, s. 1(d) of the |
| 308 | Florida Constitution. |
| 309 | (2) The county administrator shall submit a proposed |
| 310 | administrative code to the charter board of county commissioners |
| 311 | within 120 days after the date of the first organizational |
| 312 | meeting of the board under this charter. Unless the board adopts |
| 313 | an administrative code within 90 days after the date the county |
| 314 | administrator submits a proposal, the county administrator's |
| 315 | proposed administrative code shall become the administrative |
| 316 | code by operation of law and shall remain in effect until |
| 317 | superseded by an administrative code adopted by the board. |
| 318 | Section 9. Proposals by the charter board of county |
| 319 | commissioners.--The charter board of county commissioners by |
| 320 | majority vote plus one of all members may propose amendments to |
| 321 | this charter by resolution placing the approved amendments on |
| 322 | the ballot as stated in subsection (3). |
| 323 | (1) PROPOSALS BY THE CHARTER REVIEW COMMITTEE.-- |
| 324 | (a) Within 3 years after the effective date of this |
| 325 | charter and every 7 years thereafter, the charter board of |
| 326 | county commissioners shall appoint a charter review committee |
| 327 | comprised of fifteen electors of the county. Each charter |
| 328 | commissioner shall nominate three members of the committee who |
| 329 | are residents of the appointing charter commissioner's district. |
| 330 | All appointees shall be subject to approval by a vote of a |
| 331 | majority of charter commissioners. |
| 332 | (b) Committee members shall serve without pay for 1 |
| 333 | calendar year from the date of the organizational meeting of the |
| 334 | committee unless the committee completes its work and dissolves |
| 335 | on an earlier date. No member of the charter review committee |
| 336 | may be an elected or appointed official in any government. |
| 337 | (c) The committee shall be independent of the charter |
| 338 | board of county commissioners and all other officers and |
| 339 | employees of St. Johns County and shall have the authority to |
| 340 | conduct a comprehensive study of any or all phases of county |
| 341 | government. |
| 342 | (d) The charter board of county commissioners, |
| 343 | constitutional officers prescribed by Art. VIII, s. 1(d) of the |
| 344 | Florida Constitution, and any citizen of St. Johns County may |
| 345 | propose subjects to be studied by the committee. Prior to |
| 346 | beginning its studies, the committee shall hold a public hearing |
| 347 | to receive suggestions but has the sole authority to determine |
| 348 | the matters it will review. |
| 349 | (e) The charter board of county commissioners shall |
| 350 | provide the charter review committee with professional, |
| 351 | technical, clerical, and other assistance and funding reasonably |
| 352 | required to perform its functions under this charter. |
| 353 | (f) The committee may propose charter amendments by a vote |
| 354 | of not fewer than ten members of the committee. The committee |
| 355 | may propose no amendment that has not been considered by the |
| 356 | committee in two separate noticed public hearings on the |
| 357 | proposal. The charter review committee shall file proposed |
| 358 | charter amendments, if any, with the supervisor of elections who |
| 359 | shall place them on the ballot as provided herein and by law. |
| 360 | Upon the completion of its work, the committee may adjourn sine |
| 361 | die without proposing amendments. |
| 362 | (g) Upon concluding its work, the charter review committee |
| 363 | shall provide the charter board of county commissioners a |
| 364 | written summary of its work. If the committee should not adjourn |
| 365 | sine die by its own motion within 1 calendar year of the date of |
| 366 | its creation, it shall be dissolved by operation of law and |
| 367 | thereafter have none of the authority prescribed herein. |
| 368 | (2) PROPOSALS BY INITIATIVE.-- |
| 369 | (a) This charter may be amended by initiative and |
| 370 | referendum. |
| 371 | (b) Any elector of St. Johns County may file a petition |
| 372 | with the supervisor of elections to call for a referendum of a |
| 373 | proposed charter amendment stated in the petition. |
| 374 | (c) The proposed charter amendment shall embrace but one |
| 375 | subject, and the subject shall relate to the organization and |
| 376 | powers of the St. Johns charter government. |
| 377 | (d) The supervisor of elections shall approve the petition |
| 378 | for form and enter the date upon the records of the office or |
| 379 | shall reject the petition as not being in appropriate form and |
| 380 | return it to the petitioner with reasons stated. |
| 381 | (e) Upon receiving the supervisor of elections' approval |
| 382 | as to form, petitioners may seek signatures of electors of the |
| 383 | county who agree to having the proposed amendment placed upon |
| 384 | the ballot for vote by the electors. The petition shall fail to |
| 385 | invoke a ballot unless the petitioners obtain the number of |
| 386 | verified signatures prescribed herein within 185 days after the |
| 387 | date the supervisor of elections approves the proposed amendment |
| 388 | as to form. |
| 389 | (f) To be placed upon the ballot, a petitioner must obtain |
| 390 | verified signatures of electors from each and every numbered |
| 391 | district from which the charter board of county commissioners |
| 392 | are elected in a number that is not fewer than 8 percent of the |
| 393 | votes cast in each of such districts in the last preceding |
| 394 | election in which a president or presidential electors were |
| 395 | chosen. Each signed petition must contain the name, address, and |
| 396 | birthdate or voter identification number of the signatory and |
| 397 | the date subscribed. In the event sufficient verified signatures |
| 398 | are not acquired during the period prescribed herein, the |
| 399 | petition shall be ineffective to invoke an election and none of |
| 400 | the signed petitions shall be effective to satisfy the |
| 401 | requirements of a subsequent petition. |
| 402 | (g) A petitioner may submit signed petitions to the |
| 403 | supervisor of elections who shall within 30 days determine |
| 404 | whether the petitions contain the required valid signatures of |
| 405 | electors. The 30-day review period applies to petitions |
| 406 | submitted on the 185th day, but the supervisor of elections |
| 407 | shall not accept signed petitions submitted after the 185th day. |
| 408 | (h) The supervisor of elections shall undertake to verify |
| 409 | no petition until having received payment for certification in |
| 410 | the amount specified by general law. |
| 411 | (i) If the supervisor of elections determines that the |
| 412 | proposed amendment is not supported by the required number of |
| 413 | verified signatures, the supervisor shall notify the petitioner |
| 414 | by certified mail, certify the result to the charter board of |
| 415 | county commissioners, and not place the proposed amendment on |
| 416 | the ballot. The verified signed petitions shall not be used to |
| 417 | invoke an election on any subsequent proposed amendment. |
| 418 | (j) If the supervisor of elections determines that the |
| 419 | proposed amendment is supported by the required number of |
| 420 | verified signatures, the supervisor shall notify the petitioner |
| 421 | by certified mail, certify the result to the charter board of |
| 422 | county commissioners, and place the proposed amendment on the |
| 423 | ballot for election as prescribed herein and by law. The |
| 424 | verified signed petitions shall not be used to invoke an |
| 425 | election on any subsequent proposed amendment. |
| 426 | (k) To the extent not prescribed herein, the supervisor of |
| 427 | elections shall employ procedures prescribed by general law for |
| 428 | constitutional amendments with the supervisor of elections |
| 429 | performing the duties of the Secretary of State. |
| 430 | (3) ELECTIONS AND EFFECTIVE DATE.-- |
| 431 | (a) Charter amendment elections shall be conducted |
| 432 | pursuant to general law except as otherwise provided in this |
| 433 | charter. Amendments proposed by resolution of the charter board |
| 434 | of county commissioners shall be voted on at a special election |
| 435 | or regular election as directed by the board. Amendments |
| 436 | proposed by a charter review committee and by initiative shall |
| 437 | be voted on at the next regular general election. |
| 438 | (b) Amendments shall become effective at midnight on the |
| 439 | date fixed in the proposed amendment, and, if no date is fixed, |
| 440 | at midnight of the last day of the year in which approved by the |
| 441 | electors. |
| 442 | (4) AMENDMENTS RELATED TO MUNICIPALITIES.--No amendment |
| 443 | shall be made to the charter that will diminish or otherwise |
| 444 | affect the authority, governance, or operation of any municipal |
| 445 | corporation located within St. Johns County, where such |
| 446 | authority, governance, or operation is created or controlled by |
| 447 | any provision of the Florida Constitution or by general law |
| 448 | unless the amendment is approved by a majority of those persons |
| 449 | voting in a separate referendum of the qualified electors of an |
| 450 | affected municipality. |
| 451 | (5) AMENDMENTS RELATED TO CONSTITUTIONAL OFFICERS.--No |
| 452 | amendment shall be made to the charter that will diminish or |
| 453 | otherwise affect the authority, governance, or operation of any |
| 454 | constitutional office created by Art. VIII, s. 1(d) of the |
| 455 | Florida Constitution unless such amendment is proposed by a |
| 456 | resolution approved by not fewer than four charter commissioners |
| 457 | placing the amendment on the referendum ballot as stated in |
| 458 | paragraph (3)(a). The approval of the amendment by referendum |
| 459 | shall require a vote in favor of the amendment by 60 percent of |
| 460 | the qualified electors voting on the proposed amendment. |
| 461 | Section 10. Construction of the charter.--This charter |
| 462 | shall be liberally construed to achieve the objectives of local |
| 463 | home rule and separation of powers as set forth herein. |
| 464 | (1) CODE OF ETHICS.--The code of ethics for public |
| 465 | officers and employees and the penalties for violation thereof |
| 466 | as provided by general law or more restrictive ordinance, if |
| 467 | any, shall be applicable to all employees and officeholders of |
| 468 | this charter county government. Nothing herein shall impair the |
| 469 | authority of constitutional county officers under Art. VIII, s. |
| 470 | 1(d) of the Florida Constitution. |
| 471 | (2) POLITICAL ACTIVITIES.--Political activities of |
| 472 | officers and employees of the county government shall be |
| 473 | governed and controlled by general law except as provided |
| 474 | herein. Nothing herein shall impair the authority of |
| 475 | constitutional county officers under Art. VIII, s. 1(d) of the |
| 476 | Florida Constitution. |
| 477 | (3) VACANCIES.--Vacancies in the offices of the charter |
| 478 | board of county commissioners shall be deemed to exist and shall |
| 479 | be filled in accordance with the constitution and law applying |
| 480 | to county commissioners in noncharter counties. |
| 481 | (4) PUBLIC MEETINGS.--Meetings of the charter board of |
| 482 | county commissioners and other boards shall be held and |
| 483 | conducted as provided by Art. I, s. 24 of the Florida |
| 484 | Constitution, general law, and rules and ordinances of the |
| 485 | charter board of county commissioners not inconsistent |
| 486 | therewith. Nothing herein shall impair the authority of |
| 487 | constitutional county officers under Art. VIII, s. 1(d) of the |
| 488 | Florida Constitution. |
| 489 | (5) RECALL.--The people shall have the power to recall |
| 490 | elected officials by recall election initiated, called, held, |
| 491 | and conducted as provided by general law for chartered counties. |
| 492 | (6) DISCRIMINATION PROHIBITED.--The charter government |
| 493 | shall not deprive any person of any right because of race, sex, |
| 494 | age, national origin, religion, physical handicap, or political |
| 495 | affiliation and shall provide for equal employment opportunities |
| 496 | in the charter government. The charter board of county |
| 497 | commissioners shall enact an ordinance to protect these rights. |
| 498 | Section 11. Offices and officers of former |
| 499 | government.--Unless otherwise provided by this charter, all |
| 500 | offices, officials, boards, commissions, and agencies of the |
| 501 | former government shall continue to perform their respective |
| 502 | duties and functions until the first charter commissioners of |
| 503 | the charter board of county commissioners are elected and sworn |
| 504 | into office. |
| 505 | (1) INITIAL DISTRICTS OF THE CHARTER BOARD OF COUNTY |
| 506 | COMMISSIONERS.--The initial districts of the charter board of |
| 507 | county commissioners shall be those established in the |
| 508 | superseded noncharter county government pursuant to the 2000 |
| 509 | federal decennial census. |
| 510 | (2) EFFECTIVE DATE OF GOVERNMENT.--Charter county |
| 511 | government shall be effective when the charter commissioners of |
| 512 | the charter board of county commissioners elected in 2008 are |
| 513 | sworn into office. At that time, those charter commissioners |
| 514 | elected in 2008 and the incumbent county commissioners elected |
| 515 | to the superseded board of county commissioners shall become |
| 516 | charter county commissioners of the charter board of county |
| 517 | commissioners, and all attributes of the superseded offices |
| 518 | shall terminate by operation of law. |
| 519 | (3) PRESERVATION OF EXISTING GOVERNMENT.--All provisions |
| 520 | of the laws or parts thereof rendered ineffective by the |
| 521 | adoption of this charter that are not inconsistent with this |
| 522 | charter shall become ordinances of the charter government |
| 523 | subject to amendment or repeal as are other ordinances; however, |
| 524 | those laws that are not expressly reenacted as charter |
| 525 | government ordinances by the charter board of county |
| 526 | commissioners after this charter becomes effective shall be |
| 527 | repealed by operation of law on November 15, 2010. |
| 528 | (4) PRESERVATION OF EXISTING ORDINANCES.--All ordinances, |
| 529 | codes, rules, regulations, and resolutions of St. Johns County |
| 530 | or any of its agencies that are not inconsistent with this |
| 531 | charter shall become ordinances, rules, and regulations of the |
| 532 | county government subject to amendment or repeal by the charter |
| 533 | board of county commissioners as are other ordinances, rules, |
| 534 | and regulations of the charter government. |
| 535 | (5) RIGHTS RESERVED.-- |
| 536 | (a) All lawful rights, of whatever kind or nature, |
| 537 | possessed by St. Johns County against any person or legal entity |
| 538 | on the date this charter becomes effective shall become the |
| 539 | lawful rights of the charter government. |
| 540 | (b) All lawful rights possessed by any person or legal |
| 541 | entity, of whatever kind or nature, against St. Johns County on |
| 542 | the date this charter becomes effective shall be binding against |
| 543 | the charter government to the same extent that they would have |
| 544 | been binding against the superseded noncharter government, |
| 545 | except that these rights against the charter government shall be |
| 546 | limited to the geographic area or specific funds that would have |
| 547 | been subject to the rights if this charter had not been adopted. |
| 548 | (6) CLASSIFIED EMPLOYEES AND OFFICERS.--All employees in |
| 549 | the classified service and officers of the county shall be |
| 550 | transferred to the appropriate department, office, or agency |
| 551 | prescribed by or pursuant to this charter. These transfers shall |
| 552 | be without examination of the personnel and with no diminution |
| 553 | of existing compensation, seniority, promotion rights, pension |
| 554 | and retirement rights, privileges, or obligations of transferred |
| 555 | officers or employees. The adoption of any subsequent classified |
| 556 | service plan shall not adversely affect the tenure, pension, |
| 557 | seniority, or promotional rights of any county officer or |
| 558 | employee in the classified service in existence when this |
| 559 | charter is adopted. This provision shall not impair the charter |
| 560 | county's authority to take punitive employment action against |
| 561 | employees and officers for wrongful employment actions committed |
| 562 | by them prior to and after the effective date of this charter. |
| 563 | Nothing herein shall impair the authority of constitutional |
| 564 | county officers under Art. VIII, s. 1(d) of the Florida |
| 565 | Constitution. |
| 566 | Section 12. Severability.--Should any provision of this |
| 567 | act be held to be unconstitutional, inoperative, or void, such |
| 568 | holding or invalidity shall not affect the remaining portions of |
| 569 | this act. |
| 570 | Section 13. CAMPAIGN FINANCE REGULATION.-- |
| 571 | (1) St. Johns County shall have the power to adopt more |
| 572 | stringent campaign financing restrictions than those imposed by |
| 573 | general law on candidates for charter commissioners of the |
| 574 | charter board of county commissioners as specified in this |
| 575 | section. These additional restrictions may apply to all aspects |
| 576 | of campaign financing, including solicitations, contributions, |
| 577 | expenditures, recordkeeping, reporting requirements, and |
| 578 | noncriminal penalties for violation. |
| 579 | (2) The initial additional restrictions authorized by this |
| 580 | section shall be proposed in this home rule charter at the next |
| 581 | general or special election and shall be adopted as part of the |
| 582 | charter if approved by a majority of the electors of St. Johns |
| 583 | County voting on the initial additional restrictions of this |
| 584 | section in that election. All additional restrictions shall be |
| 585 | proposed by amendment of this home rule charter at a subsequent |
| 586 | general election and shall be adopted if approved by a majority |
| 587 | of those electors of St. Johns County voting on the amendment in |
| 588 | that general election. |
| 589 | (3) Charter amendments adopted pursuant to this section |
| 590 | shall not be preempted by general law unless the general law |
| 591 | expressly supersedes all special acts authorizing county charter |
| 592 | home rule power for campaign financing. |
| 593 | (4) Candidates for elective charter commissioners of the |
| 594 | charter county board of county commission offices shall adhere |
| 595 | to the rules set forth in this section for financing campaigns. |
| 596 | (a) Candidates shall not accept campaign contributions |
| 597 | made by persons as defined in section 106.011, Florida Statutes, |
| 598 | political committees, and committees of continuous existence in |
| 599 | an amount exceeding $250 per election. This limitation does not |
| 600 | apply to contributions from political parties. |
| 601 | (b) Candidates shall accept only those campaign |
| 602 | contributions received on or before midnight on the 7th day |
| 603 | prior to the date of the election. |
| 604 | (c) Candidates shall file their last period candidate |
| 605 | treasurer reports with the St. Johns County Supervisor of |
| 606 | Elections by no later than 5 p.m. on the 6th day prior to the |
| 607 | date of the election. This deadline may not be extended by use |
| 608 | of a postmark or other courier receipt. |
| 609 | (d) Candidate treasurer reports shall be filed in |
| 610 | electronic format no later than the due date for the paper |
| 611 | original reports. |
| 612 | (e) When reporting their campaign contributions, |
| 613 | candidates shall report the source of the contribution as being |
| 614 | from those persons and entities described in chapter 106, |
| 615 | Florida Statutes; candidates shall also report the type of |
| 616 | contributor and the cumulative total contribution amount from |
| 617 | each contributor as of the date of the report. |
| 618 | (f) For the purposes of this section, "election" means any |
| 619 | primary election, special primary election, general election, or |
| 620 | special election held in the county for the purpose of |
| 621 | nominating or electing candidates to county elective offices. |
| 622 | Section 14. This act and the provisions of section 13 that |
| 623 | relate to campaign finance shall take effect only upon approval |
| 624 | by a majority vote of those qualified electors of St. Johns |
| 625 | County voting in a referendum to be called by the Board of |
| 626 | County Commissioners of St. Johns County in conjunction with a |
| 627 | general or special election, in accordance with the provisions |
| 628 | of law relating to elections currently in force, except that |
| 629 | this section shall take effect upon becoming a law. The |
| 630 | appropriate local official shall prepare the ballot in such a |
| 631 | way that the questions with respect to the taking effect of this |
| 632 | act and the provisions relating to campaign finance in section |
| 633 | 13 shall be voted on separately. |
