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House Bill 1071

House Bill hb1071er

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  1

  2         An act relating to Brevard County; creating the

  3         City of Port St. John Charter; providing a

  4         short title; providing legislative findings;

  5         providing for incorporation; providing a

  6         council-manager form of government and its

  7         powers and duties; providing for a city council

  8         and its membership, including mayor and vice

  9         mayor, qualifications and terms of office,

10         powers and duties, compensation and expenses,

11         and prescribed procedures relating to

12         vacancies, including forfeiture of office,

13         suspension, and recall; providing for meetings;

14         providing for recordkeeping; providing certain

15         restrictions; providing for charter officers

16         and their appointment, removal, and

17         compensation, filling of vacancies,

18         qualifications, residency requirements, and

19         powers and duties; establishing a fiscal year;

20         providing for a budget, appropriations,

21         amendments, and limitations; providing for

22         elections and matters relating thereto;

23         defining boundaries of the city; specifying

24         general provisions relating to charter review

25         and amendment, adjustment of districts, and

26         standards of conduct; providing for

27         severability; providing for a referendum,

28         initial election of council members, transition

29         services and compensation, first-year expenses,

30         specified transitional matters, and state

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  1         shared and gas tax revenues; providing

  2         effective dates.

  3

  4  Be It Enacted by the Legislature of the State of Florida:

  5

  6         Section 1.  Short title.--This act, together with any

  7  future amendments thereto, may be cited as the "City of Port

  8  St. John Charter," hereinafter referred to as "the charter."

  9         Section 2.  Legislative findings.--The Legislature

10  finds and declares that:

11         (1)  The area in Brevard County known as Port St. John

12  includes a compact and contiguous urban community amenable to

13  separate municipal government.

14         (2)  It is in the best interests of the public health,

15  safety, and welfare of the citizens of this community to form

16  a separate municipality for the Port St. John area with all

17  powers and authority necessary to provide efficient and

18  adequate municipal services to its residents.

19         Section 3.  Incorporation of municipality.--

20         (1)  There is created, effective December 31, 2002, in

21  Brevard County, Florida, a new municipality to be known as the

22  City of Port St. John.

23         (2)  The corporate boundaries of the City of Port St.

24  John, hereinafter referred to as "the city," shall be as

25  described in subsection (1) of section 9.

26         (3)  The City of Port St. John shall operate under a

27  council-manager form of government. The general duties of the

28  council, as described in section 5, shall be to set policy;

29  the general duties of the manager, as described in section 6,

30  shall be to carry out those policies.

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  1         Section 4.  Municipal powers.--The city shall be a body

  2  corporate and politic and shall have all the powers of a

  3  municipality under the State Constitution and the laws of

  4  Florida, as fully and completely as though such powers were

  5  specifically enumerated in this charter, unless otherwise

  6  prohibited by or contrary to the provisions of this charter.

  7  The city shall have all governmental, corporate, and

  8  proprietary powers necessary to enable it to conduct municipal

  9  government, perform municipal functions, and render municipal

10  services, and may exercise any power for municipal purposes

11  unless expressly prohibited by law. The powers of the city

12  shall be liberally construed in favor of the city.

13         Section 5.  City council.--

14         (1)  CITY COUNCIL; COMPOSITION, QUALIFICATIONS FOR

15  OFFICE.--

16         (a)  Composition.--

17         1.  There shall be a seven-member city council

18  consisting of a mayor and six council members.

19         2.  Each member shall be elected at large to represent

20  the city at large.

21         3.  Each member shall at the time of qualification

22  reside within the city limits. For the length of his or her

23  term, each member shall maintain residency within the city

24  limits.

25         (b)  Qualifications for office.--

26         1.  Each candidate for office shall be a qualified

27  elector of the city.

28         2.  Each individual seeking to qualify as a candidate

29  for one of the six seats on the council:

30         a.  Shall submit a petition supporting his or her

31  candidacy to the city clerk containing the signatures of at


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  1  least 1 percent of the electorate residing within the

  2  district, as identified in the most recent decennial census,

  3  from which he or she seeks to run or shall pay to the city

  4  clerk a qualifying fee of 10 percent of the salary of the

  5  office for which he or she seeks to run.

  6         b.  Shall reside within the boundaries of the city at

  7  the time of qualification.

  8         3.  Each individual seeking to qualify as a candidate

  9  for mayor:

10         a.  Shall submit a petition supporting his or her

11  candidacy to the city clerk containing the signatures of at

12  least 1 percent of the electors residing within the city

13  limits, as identified in the most recent decennial census, or

14  shall pay to the city clerk a qualifying fee of 10 percent of

15  the mayoral salary.

16         b.  Shall reside within the city limits at the time of

17  qualification. For the length of his or her term, the mayor

18  shall maintain residency within the city limits. In addition,

19  mayoral candidates, and the elected mayor, shall reside at

20  least 45 weeks of each year within the city limits.

21         4.  For the initial election following the referendum

22  approving the creation of the city, candidates for office

23  shall qualify as provided in subsection (3) of section 12.

24         (2)  TERMS OF OFFICE.--

25         (a)  The term of office for each member shall be 4

26  years. However, in order to provide for staggering of terms,

27  the initial term of office for seats one, three, and five

28  shall be 4 years, and that for seats two, four, and six shall

29  be 2 years. The initial term of office for the mayor shall be

30  4 years.

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  1         (b)  No council member or mayor may serve more than two

  2  successive 4-year terms in the same seat.

  3         (c)  Each council member shall remain in office until

  4  his or her successor is elected and assumes the duties of the

  5  position at the first meeting of the new council, which shall

  6  be held in accordance with city ordinance.

  7         (3)  POWERS AND DUTIES OF COUNCIL.--Except as otherwise

  8  prescribed herein or as provided by law, legislative and

  9  police powers of the city shall be vested in the council. The

10  council shall provide for the exercise of its powers and for

11  the performance of all duties and obligations imposed on the

12  city by law.

13         (4)  POWERS AND DUTIES OF THE MAYOR.--

14         (a)  Powers.--In addition to the regular powers

15  invested in any other council member, the mayor shall be

16  recognized by the Governor for purposes of military law; shall

17  have the power to declare an emergency situation; shall have

18  the power for service of process and execution of contracts,

19  deeds, and other documents; and shall have the power to

20  represent the city in all agreements with other governmental

21  entities or certifications to other governmental entities that

22  the council has approved.

23         (b)  Duties.--In addition to his or her regular duties,

24  the mayor shall preside at meetings of the council and be

25  recognized as the head of city government for all ceremonial

26  occasions. The mayor shall have no administrative duties other

27  than those necessary to accomplish these actions, or such

28  other actions as may be authorized by the city council,

29  consistent with general or special law.

30         (5)  THE VICE MAYOR; ELECTION AND DUTIES.--

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  1         (a)  Election.--There shall be a vice mayor elected

  2  annually by the council from among the council members. Such

  3  election shall take place at the first meeting after the

  4  general election or at the organizational meeting during years

  5  when there is no election.

  6         (b)  Duties.--The vice mayor shall have the same

  7  legislative powers and duties as any other council member,

  8  except that he or she shall serve as acting mayor during the

  9  absence or disability of the mayor and, during such period,

10  shall have the same duties as provided for in subsection (4).

11  In the absence of the mayor and vice mayor, the remaining

12  council members shall select a council member to serve as

13  acting mayor.

14         (6)  COMPENSATION AND EXPENSES.--

15         (a)  Compensation.--The council members and mayor shall

16  receive compensation as established by ordinance. Such

17  compensation shall not take effect until the date of

18  commencement of the terms of council members elected at the

19  next regularly scheduled election that follows the adoption of

20  said ordinance by at least 6 months.

21         (b)  Expenses.--The council may provide for

22  reimbursement of actual expenses incurred by its members while

23  performing their official duties.

24         (7)  VACANCIES; FORFEITURE OF OFFICE, SUSPENSION,

25  RECALL, FILLING OF VACANCIES.--

26         (a)  Vacancies.--A vacancy in the office of mayor or of

27  a council seat shall occur upon the death of the incumbent,

28  removal from office as authorized by law, resignation,

29  appointment to other public office which creates dual office

30  holding, judicially determined incompetence, or forfeiture of

31  office as described in paragraph (b).


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  1         (b)  Forfeiture of office.--The mayor or any other

  2  council member shall forfeit his or her office upon

  3  determination by the council, acting as a body, that he or

  4  she:

  5         1.  Lacks at any time, or fails to maintain during his

  6  or her term of office, any qualification for the office

  7  prescribed by this charter or as otherwise required by law;

  8         2.  Is convicted of a felony, or enters a plea of

  9  guilty or nolo contendere to a crime punishable as a felony,

10  even if adjudication of guilt has been withheld;

11         3.  Is convicted of a first degree misdemeanor arising

12  directly out of his or her official conduct or duties, or

13  enters a plea of guilty or nolo contendere thereto, even if

14  adjudication of guilt has been withheld;

15         4.  Is found to have violated any standard of conduct

16  or code of ethics established by law for public officials and

17  has been suspended from office by the Governor, unless

18  subsequently reinstated as provided by law; or

19         5.  Is absent from three consecutive regular council

20  meetings without being excused by the council.

21         (c)  Suspension from office.--The mayor or any other

22  council member shall be suspended from office by the council,

23  acting as a body, upon return of an indictment or issuance of

24  an information charging the council member or mayor with any

25  crime which is punishable as a felony or with any crime

26  arising out of his or her official conduct or duties which is

27  punishable as a misdemeanor.

28         1.  During the period of suspension, the mayor or the

29  council member shall not perform an official act, duty, or

30  function, or receive any allowance, emolument, or privilege of

31  office.


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  1         2.  If the mayor or the council member is subsequently

  2  found not guilty of the charge, or if the charge is otherwise

  3  dismissed or altered so that suspension would no longer be

  4  required as provided herein, the suspension shall be lifted by

  5  the council, and the council member or mayor shall be entitled

  6  to receive full back allowances and such other emoluments as

  7  he or she would have been entitled to had the suspension not

  8  occurred.

  9         (d)  Recall.--The electors of the city following the

10  procedures for recall established by general law or ordinance

11  may remove the mayor or any member of the city council from

12  office.

13         (e)  Filling of vacancies.--

14         1.  If, for any reason other than recall, a vacancy

15  occurs in the office of mayor, the vice mayor shall assume the

16  position of mayor and, within 30 days following the occurrence

17  of such vacancy, a special election shall be called as

18  outlined in paragraph (5)(b) of section 8. The special

19  election for mayor shall be for the remainder of the unfilled

20  term.

21         2.  If, for any reason other than recall, a vacancy

22  occurs in the office of any council seat within the first 2

23  years of a term, the office shall be filled by appointment

24  within 30 days following the occurrence of such vacancy by a

25  majority vote of the remaining council members. Such

26  appointments shall last until the next regularly scheduled

27  election, at which time the seat shall be declared open and an

28  election held for the remaining 2 years of the original term,

29  thus continuing the original staggering of seats.

30         3.  If, for any reason other than recall, a vacancy

31  occurs in the office of any council seat within the last 2


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  1  years of a term, the office shall be filled by appointment

  2  within 30 days following the occurrence of such vacancy by

  3  majority vote of the remaining council members. Such

  4  appointments shall last until the next regularly scheduled

  5  election, at which time the seat shall be declared open and an

  6  election held for the regular 4-year term.

  7         4.  If a vacancy occurs as a result of a recall

  8  petition, such vacancy shall be filled by special election as

  9  outlined in paragraph (5)(b) of section 8.

10         5.  Any person appointed to fill a vacant seat on the

11  council is required to meet all the qualifications for office

12  except the petition requirement.

13         (8)  CITY COUNCIL MEETINGS; ORGANIZATIONAL MEETING,

14  QUORUM, SPECIAL MEETINGS.--The council shall meet regularly at

15  least once a month, at such times and places as the council

16  may prescribe by ordinance. Such meetings shall be public

17  meetings and shall be subject to notice and other requirements

18  of law applicable to public meetings.

19         (a)  Organizational meeting.--The first meeting

20  following a general city election at which elected or

21  reelected council members are inducted into office shall be

22  held in accordance with city ordinance.

23         (b)  Quorum.--A majority of the council, including the

24  mayor, shall constitute a quorum. No action of the council

25  shall be valid unless adopted by an affirmative vote of the

26  majority of the council members and mayor in attendance,

27  unless otherwise provided by law or ordinance or as stated in

28  this charter. All actions of the city council shall be by

29  ordinance, resolution, or motion.

30         (c)  Special meetings.--Special meetings may be held at

31  the call of the mayor or, in the absence of the mayor, at the


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  1  call of the vice mayor. Special meetings may also be called

  2  upon the request of a majority of the council members. The

  3  city clerk shall provide not less than 24 hours' prior notice

  4  of the meeting to the public, unless a declared emergency

  5  situation exists.

  6         (9)  CITY RECORDS.--The council shall, in a properly

  7  indexed book kept for the purpose, provide for the

  8  authentication and recording in full of all minutes of

  9  meetings, and all ordinances and resolutions adopted by the

10  council, and the same shall at all times be a public record.

11  The council shall further maintain a current codification of

12  all ordinances. Such codification shall be printed and made

13  available to the public on a continuing basis. All ordinances

14  or resolutions of the council shall be signed by the mayor or,

15  in the mayor's absence, by the vice mayor or, in the absence

16  of both, by the acting mayor, and attested to by the city

17  clerk.

18         (10)  LIMIT OF EMPLOYMENT OF COUNCIL MEMBERS.--Neither

19  council members nor the mayor shall be in the employment of

20  the city while in office, nor shall any former council member

21  or former mayor be employed by the city until after the

22  expiration of 1 year from the time of leaving office.

23         (11)  NONINTERFERENCE BY CITY COUNCIL.--Except for the

24  purpose of inquiry and information, the council and its

25  members, including committees thereof, are expressly

26  prohibited from interfering with the performance of the duties

27  of any city employee who is under the direct or indirect

28  supervision of the city manager or city attorney.

29         Section 6.  Charter officers.--The designated charter

30  officers shall be the city manager and the city attorney.

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  1         (1)  DESIGNATED CHARTER OFFICERS; APPOINTMENT, REMOVAL,

  2  COMPENSATION, FILLING OF VACANCIES, CANDIDATE FOR CITY

  3  OFFICE.--

  4         (a)  Appointment.--The charter officers shall be

  5  appointed by a majority vote of the full council and shall

  6  serve at the pleasure of the council.

  7         (b)  Removal.--The charter officers shall be removed

  8  from office only by a majority vote of the full council. If

  9  the vote is less than unanimous, the charter officer may,

10  within 7 days after the dismissal motion by the council,

11  submit to the mayor a written request for reconsideration. Any

12  action taken by the council at the reconsideration hearing

13  shall be final.

14         (c)  Compensation.--The compensation of the charter

15  officers shall be fixed by the city council.

16         (d)  Filling of vacancy.--The city council shall begin

17  the process to fill a vacancy in the charter office of the

18  city manager or city attorney within 90 days after the vacancy

19  occurs. An acting city manager or acting city attorney may be

20  appointed by the council during a vacancy in office.

21         (e)  Candidate for city office.--No charter officer

22  shall be a candidate for any elected office while holding his

23  or her charter office position.

24         (2)  CITY MANAGER; QUALIFICATIONS, RESIDENCY, POWERS

25  AND DUTIES.--The city manager shall be the chief

26  administrative officer of the city.

27         (a)  Qualifications.--The city manager shall be

28  selected on the basis of experience, expertise, and management

29  ability as it pertains to running municipal government.

30         (b)  Residency.--Although the city manager need not be

31  a resident of the city at the time of appointment, within 6


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  1  months after such appointment, he or she shall establish and

  2  maintain residency within the corporate limits of the city.

  3  Upon request of the city manager, this 6-month period may be

  4  extended by the city council for an additional 6-month period.

  5         (c)  Powers and duties.--The city manager shall:

  6         1.  Attend all meetings of the city council.

  7         2.  Draw and sign vouchers upon depositories and keep

  8  or cause to be kept a true and accurate account of same. Such

  9  vouchers shall be countersigned by the mayor or by the vice

10  mayor in the event the office of mayor is vacant. If both the

11  mayor and vice mayor offices are vacant, the acting mayor

12  shall countersign such vouchers.

13         3.  Be responsible for signature and issuance of all

14  licenses issued by the city, issuance of receipts for all

15  moneys paid to the city, and deposit of said moneys in the

16  proper depositories on the first banking day after receipt.

17         4.  Provide administrative services as required by the

18  mayor and the council.

19         5.  Appoint a city clerk to serve at his or her

20  pleasure.

21         6.  Appoint and suspend or remove any employee of the

22  city. The city manager may authorize any administrative

23  officer who is subject to his or her direction and supervision

24  to exercise these powers with respect to subordinates in that

25  officer's department, office, or agency within the guidelines

26  of stated personnel policies and procedures.

27         7.  Direct and supervise the administration of all

28  departments, offices, and agencies of the city, except as

29  otherwise provided by this charter or by law.

30         8.  See that all laws, provisions of this charter, and

31  acts of the council are faithfully executed.


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  1         9.  Prepare and submit to the council annually a

  2  balanced budget, budget message, and capital program.

  3         10.  Keep the council fully advised as to the financial

  4  condition and future needs of the city and make

  5  recommendations to the council concerning the affairs of the

  6  city.

  7         11.  Submit to the council and make available to the

  8  public a complete report on finances and administrative

  9  activities of the city as of the end of each fiscal year.

10         12.  Sign contracts on behalf of the city to the extent

11  authorized by the council.

12         13.  Perform other such duties as are specified in this

13  charter or as may be directed by the council.

14         (3)  CITY ATTORNEY; QUALIFICATIONS, RESIDENCY, POWERS

15  AND DUTIES.--The city attorney shall be the chief legal

16  officer of the city. The city attorney may either be retained

17  in-house or be retained part time under contract.

18         (a)  Qualifications.--The city attorney shall be a

19  member in good standing of The Florida Bar.

20         (b)  Residency.--There shall be no residency

21  requirement for the city attorney, unless otherwise adopted by

22  ordinance.

23         (c)  Powers and duties.--The city attorney:

24         1.  Shall serve as chief legal advisor to the city

25  commission, the city manager, and all city departments,

26  offices, city advisory boards, and agencies.

27         2.  If in-house, shall appoint, suspend, or remove such

28  assistant attorneys as may be required. If city attorney

29  services are contracted, the city manager shall appoint,

30  suspend, or remove any in-house assistant attorneys as may be

31  required. The remainder of the staff of the office of the city


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  1  attorney shall be employees of the city, appointed, suspended,

  2  or removed under the regular personnel policies and procedures

  3  of the city.

  4         3.  Or his or her designee shall attend all city

  5  council meetings unless excused by the city council, and shall

  6  perform such professional duties as may be required by law or

  7  by the council in furtherance of the law.

  8         4.  Shall prepare an annual budget for the operation of

  9  the office of the city attorney and shall submit this budget

10  to the city manager for inclusion in the annual city budget,

11  in accordance with uniform city procedures.

12         Section 7.  Budget and appropriations.--

13         (1)  FISCAL YEAR.--The city fiscal year shall begin on

14  October 1 of each year and end on September 30 of the

15  succeeding year.

16         (2)  BUDGET ADOPTION.--The council shall by resolution

17  adopt a budget on or before the 30th day of September of each

18  year. A resolution adopting the annual budget shall constitute

19  appropriation of the amounts specified therein as expenditures

20  from funds indicated.

21         (3)  APPROPRIATION AMENDMENTS DURING THE FISCAL YEAR;

22  SUPPLEMENTAL APPROPRIATIONS; REDUCTION OF APPROPRIATIONS;

23  TRANSFER OF APPROPRIATIONS; LIMITATIONS; EFFECTIVE DATE.--

24         (a)  Supplemental appropriations.--If, during the

25  fiscal year, revenues in excess of those estimated in the

26  budget are available for appropriation, the council may by

27  resolution make supplemental appropriations for the year in an

28  amount not to exceed such excess.

29         (b)  Reduction of appropriations.--If, at any time

30  during the fiscal year, it appears probable to the city

31  manager that the revenues available will be insufficient to


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  1  meet the amount appropriated, he or she shall so report to the

  2  council without delay, indicating the estimated amount of the

  3  deficit, any remedial action to be taken, and recommendations

  4  as to any other steps that should be taken. The council shall

  5  then take such further action as it deems necessary to prevent

  6  any deficit and, for that purpose, the council may by

  7  resolution reduce one or more appropriations accordingly.

  8         (c)  Transfer of appropriations.--At any time during

  9  the fiscal year, the city manager may transfer all or part of

10  any unencumbered appropriation balance within a department,

11  office, or agency of the city to other programs within the

12  same department, office, or agency. Further, upon written

13  request of the city manager, the council may transfer part or

14  all of any unencumbered appropriation balance from one

15  department, office, or agency to another.

16         (d)  Limitations; effective date.--No appropriation for

17  debt service may be reduced or transferred, no appropriation

18  may be reduced below any amount required by law to be

19  appropriated, and no appropriation may be reduced by more than

20  the amount of the unencumbered balance thereof. The

21  supplemental and emergency appropriations and reduction or

22  transfer of appropriations authorized by this section may be

23  made effective immediately upon adoption.

24         Section 8.  Elections.--

25         (1)  ELECTORS.--Any person who is a resident of the

26  city, who has qualified as an elector of this state, and who

27  registers in the manner prescribed by law shall be an elector

28  of the city.

29         (2)  NONPARTISAN ELECTIONS.--All elections for city

30  elective office shall be conducted on a nonpartisan basis

31  without any designation of political party affiliation.


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  1         (3)  QUALIFYING FOR OFFICE.--Any person who wishes to

  2  become a candidate for a city elective office shall qualify

  3  with the city clerk no sooner than 45 calendar days nor later

  4  than 35 calendar days prior to the second Tuesday in September

  5  of each odd-numbered year. In addition, candidates shall

  6  qualify as provided in paragraph (1)(b) of section 5.

  7         (4)  SCHEDULE FOR REGULAR ELECTIONS AND PRIMARIES.--The

  8  regular city election shall be the first Tuesday after the

  9  first Monday in November of each odd-numbered year. Such city

10  elections shall be general city elections. If there are more

11  than two candidates who qualify for any office, a primary city

12  election shall be held on the first Tuesday after the first

13  Monday in September.

14         (a)  An election to fill a vacant council seat, as

15  outlined in paragraph (7)(e) of section 5, when there is more

16  than half of the term remaining shall be held during the next

17  regularly scheduled election. Such election shall be for the

18  remaining 2 years of the original term.

19         (b)  An election to fill a vacant council seat, as

20  outlined in paragraph (7)(e) of section 5, when there is less

21  than half of the term remaining shall be filled at the next

22  regularly scheduled election. Such election shall be for a

23  4-year term.

24         (5)  SCHEDULE FOR SPECIAL ELECTIONS.--

25         (a)  A special election for a vacant position of mayor,

26  as outlined in paragraph (7)(e) of section 5, shall be called

27  within 30 days, and the city council shall by resolution fix

28  the time for holding of such election. Such special election

29  for mayor shall be for the remainder of the vacant term.

30         (b)  All other special municipal elections shall be

31  held in the same manner as regular elections and the city


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  1  council shall by resolution fix the time for holding of such

  2  elections.

  3         (6)  DETERMINATION OF ELECTION TO OFFICE.--

  4         (a)  If only one candidate qualifies for an office,

  5  that candidate shall be deemed to be elected and shall not be

  6  placed on either the general or the primary ballot.

  7         (b)  If two or more candidates qualify for an office,

  8  the names of those candidates shall be placed on the ballot at

  9  the primary election. If any candidate for such office

10  receives a majority of the votes cast in the primary election

11  for the office, he or she shall be deemed to be elected.

12         (c)  If no single candidate for an office receives a

13  majority of the votes cast in the city primary election for

14  that office, the two candidates for the office receiving the

15  highest vote in the primary city election shall run again in

16  the regular city election. Further:

17         1.  In any primary election in which there is a tie for

18  first place, the name of each such candidate shall be placed

19  on the city's general election ballot.

20         2.  In any primary election in which there is a tie for

21  second place and the candidate placing first did not receive a

22  majority of the votes cast for such office, the name of the

23  candidate placing first and the name of each candidate tying

24  for second shall be placed on the city's general election

25  ballot.

26         (d)  The candidate receiving the highest number of

27  votes cast for the office in the city's general election shall

28  be elected to such office. If the vote at the general city

29  election results in a tie, the outcome shall be determined by

30  lot as follows:

31


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  1         1.  At the first regularly scheduled council meeting

  2  after the election, the Supervisor of Elections of Brevard

  3  County shall toss a coin. Applying the alphabetic order rule,

  4  each candidate shall call the coin.

  5         2.  The candidate whose call first matches the coin

  6  toss shall be declared the winner.

  7         (7)  CITY CANVASSING BOARD.--For purposes of certifying

  8  absentee ballots and election results, the city clerk and a

  9  representative from the city designated by the council shall

10  be known as the canvassing board. At the close of the polls of

11  any city election, the canvassing board shall ensure that the

12  absentee ballots are delivered to the Brevard County

13  Supervisor of Elections and shall meet at the county election

14  headquarters and proceed to certify the ballots and open them

15  in the presence of a representative of the supervisor of

16  elections' office. In addition, after final election results

17  are certified by the Brevard County Supervisor of Elections,

18  the canvassing board shall immediately report the results back

19  to a meeting of the city council held for the purpose of final

20  certification and filing with the city clerk as required by

21  law.

22         Section 9.  Land description.--

23         (1)  CITY BOUNDARIES.--The initial corporate boundaries

24  shall be as hereinafter described. At any time after

25  incorporation, boundaries may be changed in accordance with

26  general laws regarding annexation without amendments to the

27  charter.

28

29         Description:

30

31


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  1         A parcel of land lying in Sections 13, 14, 15,

  2         16, 17, 18, 19, 20, 21, 22 ,23, 24, 25, 26, 27,

  3         28, 29, and 30, Township 23, Range 35 east; and

  4         Sections 18, 19, and 30, Township 23, Range 36

  5         east; and a portion of Sections 13, 24, and 25,

  6         Township 23, Range 34 east, Brevard County,

  7         Florida, and being more fully described as

  8         follows:

  9

10         Begin at the northeast corner of Section 14,

11         Township 23, Range 35 east; thence westerly

12         along the north line of said Section 14, a

13         distance of 5,280 feet, more or less, to the

14         northwest corner of Section 14, Township 23,

15         Range 35 east; thence westerly along the north

16         line of said Section 14, a distance of 5,280

17         feet, more or less, to the northwest corner of

18         Section 15, Township 23, Range 35 east; thence

19         westerly, along the north line of said Section

20         15, a distance of 5,280 feet, more or less, to

21         the northwest corner of Section 16, Township

22         23, Range 35 east; thence westerly along the

23         north line of said Section 16, a distance of

24         5,280 feet, more or less, to the northwest

25         corner of Section 17, Township 23, Range 35

26         east; thence westerly along the north line of

27         said Section 17, a distance of 5,280 feet, more

28         or less, to the northwest corner of Section 18,

29         Township 23, Range 35 east; thence westerly

30         along the north line of said Section 18, a

31         distance of 1,848 feet, more or less, to the


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  1         east shore line of St. John's River ; thence

  2         southerly, along the east shore line of the St.

  3         John's River, a distance of 16,896 feet, more

  4         or less, to the northwest corner of Section 24,

  5         Township 23, Range 34 east; thence southerly,

  6         along the west line of said Section 24, a

  7         distance of 3,168 feet, more or less, to the

  8         northwest corner of Section 25, Township 23,

  9         Range 34 east; thence southerly along the west

10         line of said Section 25 a distance of 5,280

11         feet, more or less, to the southwest corner of

12         Section 25, Township 23, Range 34 east; thence

13         easterly along the south line of said Section

14         25, a distance of 5,280 feet, more or less, to

15         the southeast corner of Section 25, Township

16         23, Range 34 east; thence southerly along the

17         east line of said Section 25, a distance of 528

18         feet, more or less, to the southwest corner of

19         Section 30, Township 23, Range 35 east; thence

20         easterly along the south line of said Section

21         30, a distance of 5,280 feet, more or less, to

22         the southeast corner of Section 30, Township

23         23, Range 35 east; thence easterly along the

24         south line of said Section 30, a distance of

25         5,280 feet, more or less, to the southeast

26         corner of Section 29, Township 23, Range 35

27         east; thence easterly along the south line of

28         said Section 29, a distance of 5,280 feet, more

29         or less, to the southeast corner of Section 28,

30         Township 23, Range 35 east; thence easterly

31         along the south line of said Section 28, a


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  1         distance of 5,280 feet, more or less, to the

  2         southeast corner of Section 27, Township 23,

  3         Range 35 east; thence easterly along the south

  4         line of said Section 27, a distance of 5,280

  5         feet, more or less, to the southeast corner of

  6         Section 26, Township 23, Range 35 east; thence

  7         easterly along the south line of said Section

  8         26, a distance of 5,280 feet, more or less, to

  9         the southeast corner of Section 25, Township

10         23, Range 35 east; thence easterly along the

11         south line of said Section 25, a distance of

12         3,300 feet, more or less, to the west shore

13         line of the Indian River; thence northwesterly

14         along the west shore line of Indian River to

15         the northeast corner of Section Section 13,

16         Township 23, Range 35 east; thence westerly

17         along the north line of said Section 13, a

18         distance of 4,224 feet, more or less, to the

19         Point-of-Beginning, less and except the

20         following; Tracts 145-160 inclusive, number 2

21         of series of two maps, Cocoa-Indian River

22         Properties as recorded in Plat Book 5, Page 7,

23         Public Records of Brevard County, Florida.

24

25         Section 10.  General provisions.--

26         (1)  CHARTER AMENDMENT.--This charter may be amended in

27  accordance with the provisions of the Municipal Home Rule

28  Powers Act, chapter 166, Florida Statutes, as the same may be

29  amended from time to time, or as may otherwise be provided by

30  general law. The form, content, and certification of any

31  petition to amend shall be established by ordinance.


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  1         (2)  CHARTER REVIEW; SCHEDULE, CHARTER REVIEW

  2  COMMITTEE.--

  3         (a)  Schedule.--The charter shall be reviewed no later

  4  than 10 years after the creation of the City of Port St. John

  5  on December 31, 2002, and thereafter it may be reviewed every

  6  10 years.

  7         (b)  Charter review committee.--A five-member charter

  8  review committee shall be appointed. Each council member shall

  9  appoint one member at large and the mayor shall appoint one

10  member at large. The Port St. John City Council shall fund

11  this committee. The charter review committee shall be

12  appointed at least 1 year before the next scheduled general

13  election and complete its work and present any recommendations

14  for change no later than 60 days before the general election.

15  The Port St. John City Council shall hold a minimum of two

16  public hearings on the proposed changes to the charter prior

17  to placing the proposed changes on the scheduled general

18  election ballot.

19         (3)  INITIATIVE AND REFERENDUM.--A minimum of at least

20  10 percent of the qualified electorate of the city shall be

21  required in order to constitute sufficient participation among

22  the electorate to have the power to petition the council to

23  propose an ordinance or to require reconsideration of an

24  adopted ordinance or to propose an amendment to this charter.

25  If the council fails to adopt such ordinance or amendment so

26  proposed or to repeal such adopted ordinance, without any

27  change in substance, then the council shall place the proposed

28  ordinance or amendment or the repeal of the adopted ordinance

29  on the ballot at the next general election. Ordinances

30  establishing taxes or fees authorized by general law or the

31


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  1  State Constitution shall be exempt from any initiative and

  2  referendum.

  3         (4)  STANDARDS OF CONDUCT.--All elected officials and

  4  employees of the city shall be subject to the standards of

  5  conduct for public officers and employees set by general law.

  6  In addition, the city council may by ordinance establish a

  7  code of ethics for officials and employees of the city, which

  8  may be supplemental to general law, but in no case may such an

  9  ordinance diminish the provisions of general law.

10         Section 11.  Severability.--If any provision of this

11  act, or the application thereof to any person or circumstance,

12  is held invalid, the invalidity shall not affect other

13  provisions or applications of this act which can be given

14  effect without the invalid provision or application, and to

15  this end the provisions of this act are declared severable.

16         Section 12.  Transition schedule.--

17         (1)  REFERENDUM.--The referendum election called for by

18  this act shall be held on Tuesday, November 5, 2002, at which

19  time the following question shall be placed upon the ballot:

20

21         SHALL CHAPTER 2002-_____, LAWS OF FLORIDA,

22         CREATING THE CITY OF PORT ST. JOHN AND

23         PROVIDING ITS CHARTER BE APPROVED?

24

25  In the event this question is answered affirmatively by a

26  majority of voters voting in the referendum, the provisions of

27  this charter shall take effect as provided herein.

28         (2)  CREATION AND ESTABLISHMENT OF CITY.--For the

29  purpose of compliance with Florida Statutes relating to

30  assessment and collection of ad valorem taxes, and for the

31


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  1  purpose of subsection (2) of section 10, the city is hereby

  2  created and established effective December 31, 2002.

  3         (3)  INITIAL ELECTION OF COUNCIL MEMBERS; DATES,

  4  QUALIFYING PERIOD, CERTIFICATION OF ELECTION RESULTS,

  5  INDUCTION INTO OFFICE.--

  6         (a)  Dates.--Following the adoption of this charter in

  7  accordance with subsection (1), the Brevard County Commission

  8  shall call a special election for the election of the six city

  9  council members and the mayor to be held on February 4, 2003.

10  Any necessary primary election shall be held on January 15,

11  2003.

12         (b)  Qualifying period.--Between 8:30 a.m. on December

13  2, 2002, and 2 p.m. on December 6, 2002, any individual who

14  wishes to run for one of the six initial seats on the council

15  or for the office of mayor shall qualify as a candidate with

16  the Brevard County Supervisor of Elections in accordance with

17  the provisions of general law and paragraph (1)(b) of section

18  5 of this charter, except that for this initial election, the

19  following provisions supersede paragraph (1)(b) of section 5:

20         1.  For any of the six council seats, the number of

21  qualifying signatures required on a qualifying petition shall

22  be 1 percent of the qualified electors, or, if the candidate

23  wishes to qualify by fee, that fee shall be $120.

24         2.  For the seat of mayor, the number of qualifying

25  signatures required on a qualifying petition shall be 300, or,

26  if the candidate wishes to qualify by fee, that fee shall be

27  $180.

28         (c)  Certification of election results.--For the

29  initial election, the Brevard County Commission shall appoint

30  a canvassing board which shall certify the results of the

31  election.


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  1         (d)  Induction into office.--Those candidates who are

  2  elected on February 4, 2003, or at the primary election on

  3  January 15, 2003, following the same manner as outlined in

  4  subsection (6) of section 8, shall take office at the initial

  5  city council meeting, which shall be held at 7 p.m. on

  6  February 5, 2003, at the Port St. John Community Center, 6650

  7  Corto Road, Port St. John, Florida.

  8         (4)  TRANSITION SERVICES AND COMPENSATION.--

  9         (a)  It is the intent of this section that the county

10  shall provide and be compensated for the provision of services

11  to the City of Port St. John as budgeted for in the fiscal

12  year 2002-2003 Brevard County Budget for the remainder of the

13  budget year. The level of services to be provided will be

14  consistent with the level upon which the fiscal year 2002-2003

15  expense budget was predicated and in accordance with adopted

16  revenues.

17         (b)  It is also the intent of this section that, if the

18  referendum of November 2002 passes, the county shall make no

19  changes to the fiscal year 2002-2003 draft budget which would

20  affect the future City of Port St. John, either positively or

21  negatively, unless a special budget hearing is held for the

22  citizens of the future City of Port St. John to discuss such

23  changes.

24         (c)  In addition, services which the county shall

25  provide under the terms of this agreement shall include all

26  services now provided to the Port St. John area as adopted by

27  the Brevard County Commission prior to the City of Port St.

28  John becoming operational on December 31, 2002. Compensation

29  to Brevard County for services provided shall include all

30  revenues which, although accruing to the city, would have

31


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  1  accrued to the county as budgeted for provision of services

  2  prior to the incorporation of the city.

  3         (d)  It is the responsibility of the city to adopt

  4  appropriate ordinances, resolutions, or agreements as required

  5  to ensure the continued collection of budgeted revenues with

  6  which to fund services beginning February 28, 2003.

  7         (e)  Any revenues adopted or received by the City of

  8  Port St. John upon which delivery of services was not

  9  predicated within the Brevard County Commission's fiscal year

10  2002-2003 adopted budget shall accrue to the City of Port St.

11  John.

12         (5)  FIRST-YEAR EXPENSES.--The city council, in order

13  to provide additional moneys needed for the expenses and

14  support of the city, shall have the power to borrow money

15  necessary for the operation of city government until such time

16  as a budget is adopted and revenues are raised in accordance

17  with the provisions of this charter.

18         (6)  TRANSITIONAL ORDINANCES AND RESOLUTIONS.--The city

19  council shall adopt ordinances and resolutions required to

20  effect the transition. Ordinances adopted within 60 days after

21  the first council meeting shall be passed as emergency

22  ordinances. These transitional ordinances shall be effective

23  for no longer than 90 days after adoption and thereafter may

24  be readopted, renewed, or otherwise continued only in the

25  manner normally prescribed for ordinances.

26         (7)  TRANSITIONAL COMPREHENSIVE PLAN AND LAND

27  DEVELOPMENT REGULATION.--

28         (a)  Until such time as the city shall adopt a

29  comprehensive plan, the applicable provisions of the

30  Comprehensive Plan for Brevard County, Florida, as the same

31  exists on the day the city commences corporate existence,


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  1  shall remain in effect as the city's transitional

  2  comprehensive plan. All planning functions, duties, and

  3  authority shall thereafter be vested in the City Council of

  4  Port St. John, which shall be deemed the local planning agency

  5  until the council establishes a separate local planning

  6  agency.

  7         (b)  All powers and duties of the Brevard County

  8  Planning and Land Development Regulations Council, any boards

  9  of adjustment and appeals created pursuant to statutory trade

10  codes, the Port St. John Special District Governing Board, and

11  the Brevard County Commission, as set forth in these

12  transitional zoning and land use regulations, shall be vested

13  in the City Council of Port St. John until such time as the

14  city council delegates all or a portion thereof to another

15  entity. General law prohibits the adoption of zoning

16  ordinances as emergency ordinances.

17         (c)  Subsequent to the commencement of the city's

18  corporate existence, no amendment of the comprehensive plan or

19  land development regulations enacted by the Brevard County

20  Commission shall be deemed an amendment to the city's

21  transitional comprehensive plan or land development

22  regulations or shall take effect within the city's corporate

23  limits unless approved by the council.

24         (8)  SHARED REVENUES.--The City of Port St. John shall

25  be entitled to participate in all shared revenue programs of

26  the state effective on the first day of the month occurring

27  after the first meeting of the council. The provisions of

28  section 218.23(1), Florida Statutes, shall be waived for the

29  purpose of eligibility to receive revenue sharing funds from

30  the date of incorporation through the state fiscal year

31  2004-2005. The provisions of section 218.26(3), Florida


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  1  Statutes, shall be waived for fiscal year 2002-2003 and

  2  apportionment factors for the municipalities and counties

  3  shall be recalculated pursuant to section 218.245, Florida

  4  Statutes, upon the date of incorporation. Initial population

  5  and future population estimates for calculating eligibility

  6  for shared revenues shall be determined by the University of

  7  Central Florida Bureau of Economic and Business Research.

  8  Should the bureau be unable to provide an appropriate

  9  population estimate, the Brevard County Planning Department

10  shall provide an appropriate estimate.

11         (9)  LOCAL OPTION GAS TAX REVENUES.--Notwithstanding

12  the requirements of section 336.025, Florida Statutes, to the

13  contrary, the City of Port St. John shall be entitled to

14  receive local option gas tax revenues beginning January 1,

15  2003, until the beginning of the city's first full fiscal year

16  on October 1, 2003.  Distributions to the city prior to

17  September 30, 2003, shall be in accord with section

18  336.025(4)(b)1., Florida Statutes, or in accord with an

19  interlocal agreement executed prior to July 31, 2003, for the

20  period beginning with the date of execution of the interlocal

21  agreement and ending on September 30, 2003.

22         Section 13.  This act shall take effect as provided

23  herein only upon its approval by a majority vote of those

24  qualified electors residing within the proposed corporate

25  limits of the proposed City of Port St. John, as described in

26  subsection (1) of section 9, voting in a referendum election

27  to be called by the Brevard County Commission and to be held

28  in accordance with subsection (1) of section 12 and the

29  provisions of general law relating to elections currently in

30  force, except this section shall take effect upon becoming a

31  law.


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