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HomeMy WebLinkAbout1999 08 16 Informational Item F Date: 08161999 The following Item was addressed at the Meeting held on 08/161999 which was a continuation of Meeting 08/09/1999. COMMISSION AGENDA ITEM F Consent Informational X Public Hearing Regular August 9, 1999 Meeting M~ IX Authorization REQUEST: The Interim City Clerk requests the City Commission review this Agenda Item for information regarding some of the preliminary details and dates pertaining to the upcoming City Election. PURPOSE: The purpose of this Agenda Item is to inform the City Commission of some of the preliminary details and dates pertaining to the upcoming City Election. CONSIDERATIONS: Following are several excerpts from the City of Winter Springs' Charter and Code of Ordinances, pertaining to the upcoming Election. The upcoming City Election will be held on Tuesday, November 2, 1999 [as outlined in the Charter, Section 4.03. and Section 8.01.]. CITY OF WINTER SPRINGS AUGUST 9,1999 INFORMA T10NAL AGENDA ITEM UFn PAGE 2 of 3 The term of office will expire for the following seats: . Mayor (currently held by the Honorable Paul P. Partyka) . City Commission Seat Two (currently held by the Honorable Michael S. Blake) . City Commission Seat Four (currently held by the Honorable Cindy Gennell) "All commissioners and the mayor shall be limited to three (3) terms, to be served consecutively" [per the Charter, Section 4.03.(d)]. "The city clerk is hereby designated the supervisor of elections for the city" [per Chapter 2 of the Code of Ordinances, Section 2.81.]. "The mayor shall issue a proclamation calling the municipal elections provided for in this article and at least sixty (60) days prior thereto", [per Chapter 2 of the Code of Ordinances, Section 2.82.]. This proclamation will also include the appointment of an Election Board [per Chapter 2 of the Code of Ordinances, Section 2.85.]; and the locations of voting places [per Chapter 2 of the Code of Ordinances, Section 2.90.]. The period for qualifying for an office, runs from "the first day of September and the fifteenth day of September" [per Chapter 2 of the Code of Ordinances, Section 2.87]. The names of the candidates that have qualified for the November 2, 1999 City of Winter Springs Election, and all wording for any Referendums (if applicable) is required to be turned in to Ms. Sandra Goard, the Supervisor of Elections for Seminole County, on September 16, 1999. !fa runoff is necessary, it "shall be held fourteen (14) days after the initial election" [per Chapter 2 of the Code of Ordinances, Section 2.84]; which would be Tuesday, November 16,1999. FUNDING: None Required. CITY OF WINTER SPRINGS AUGUST 9. 1999 INFORMA TIONAL AGENDA ITEM uFn PAGE30f 3 ATTACHMENTS: A. The Charter of the City of Winter Springs B. Chapter 2 (Administration) from the City of Winter Springs' Code of Ordinances C. 102.012 of the Florida Statutes COMMISSION ACTION: ATTACHMENT "A" ,. .. \ PART I CHARTER. Art. I. Corporate Name, 0 1.01 Art. II. Territorial Boundaries, to 2.01-2.03 Art. III. Powers of the City, 0 3.01 Art. IV. Mayor .,.nd City Commission, GG 4.01-4.16 Art. V. City Manager, GG 5.01-5.04 Art. VI. Administrative Departments, to 6.01, 6.02 Art. VII. Financial Procedure, to 7.01-7.06 Art. VIII. Nominations and Elections, GG 8.01-8.03 Art. IX. Initiative and Referendum, to 9.01-9.07 Art. X. Amendments, G 10~01 Art. XI. Severability, G 11.01 Art. XII. Powers, 0 12.01 Art. XIII. Transitional Provisions, H 13.01-13.05 '. -Editor's note-Part I of this Code consists of the amended Charter of the City of Winter Springs as set forth in Ord. No. 241 and ratified by referendum on Nov. 3, 1981. The original arrangement including section numbers and catchIines has been retained. Catchlines added by the editor have been enclosed in brackets. Amendments will be indicated by a history note following the amended section. The absence of such history note indicates that the section is derived unchanged from Ord. No. 241. The former Charter of the city was derived from Special Acts, Chapter 72.718, as amended by Ord. No. 77, adopted July 10, 1972; Ord. No. 142, ~ 2, adopted Sept. 20, 1976; and Ord. No. 159, ~ 2, adopted Oct. 24,1977. 1 CHARTER ARTICLE 1. CORPORATE" NAME Section 1.01. [Corporate name.] The municipality hereby established shall be known as the City of Winter Springs, Florida. ARTICLE II. TERRITORIAL BOUNDARIES Section 2.01. rrerritorial boundaries.] The territorial boundaries of the City of Winter Springs, Florida, shall be: All those certain par- cels of land lying and being in Seminole County, Florida, more particularly described as follows: Within D. R. Mitchell's Survey of the Levy Grant, Plat Book. 1, Page 5, of the Public Records of Seminole County, Florida, Lots 26 and 28 of Block B; also, Lots 13, 14, 15, 19, 20, and 23 of Block C, also, all of the unplatted part of the Levy Grant lying north of Lot 19, Block C; also, Lots 12, 13, 14, 15, and Lots 26 to 54 inclusive in Block D, and that part of Lot 56, Block D, lying north of Longwood-Wagner Road, less the east 300 feet thereof, and Lot 55, Block D; also, all of Lots 59 to 94 inclusive, the east 1h of Lot 95, Lots 99 to 107 inclusive, the east If4 of Lot 108, 10 acres square in the northwest corner of Lot 110, Lots III to 115 inclusive, Lots 119 to 123, inclusive, Lots 127 and 128, and all of that part of Lots 129, 139, and 131 not heretofore conveyed to Seminole Driving Park, and all of Lots 135, 136, 143 and 144, all in Block D of said D. R. Mitchell's Survey of the Levy Grant; also, a tract of land described as follows: Begin at the intersection of the east line of Lot 99, Block D with the north line of the lands of Micon and LeHardy; thence run southeasterly along the north line of the lands of Micon and LeHardy approximately 2,400 feet to the south- erly ~xtension of the west line of Tuscawilla; thence run north along southerly extension of the west line and along the west line ofTuscawilla to the northwest corner of Tuscawilla; thence easterly along north line of Tuscawilla to the west side of a road running north and south between Lots 7,8,9 and 10 ofTuscawilla; thence northwesterly along the west side of said road to the southeast corner of Lot 36, Block D; thence ~ 2.01 run westerly along south lines of Lots 36 and 37, Block D to the northeast corner of Lot 61, Block D; thence westerly along the south line of Lots 74, 75, 76 and 77, Block D to the north- east corner of Lot 99, Block D; thence southerly along the east line of Lot 99, Block D to the point of beginning. Within Entzminger Farms, Addition No.2, as recorded in Plat Book 5, Page 9, of the Public Records of Seminole Coun- ty, Florida, Lots 26 and 29, Lots 33 to 40 inclu- sive, Lots 43 to 51 inclusive, and Lots 56 to 61 inclusive. In Gardena Farms, according to the plat recorded in Plat Book 6, Pages 23 and 24 of the Public Records of Seminole County, Flori- da, the south 250 feet of Block 3 and all of Blocks 4 to 100 inclusive. All of Gardena Farms Townsites as recorded in Plat Book 6, Page 39, of the Public Records of Seminole County, Flor- ida, less and except Lots 1,2, and 3 in Block 2, also less the unplatted portion of Block 2 and Blocks Band C. In Chase and Company's Sub- division of Wagner, as recorded in Plat Book 6, Page 64 of the Public Records of Seminole Coun- ty, all of Block E. Also, a track [tract] of land described as follows: Begin 130 feet west and 151.8 feet north of the southeast corner of the northeast If4 of the southwest If4 of the south- west 1(4 of Section 22-20-30, run north 48018'30" west 161.1 feet to the easterly right-of-way State Road 15-600; thence north 41041'31" east along said right-of-way 181 feet; thence south 257.8 feet to Beginning, and; parcel" A": Lots 17 and 18, Block B, Oak Grove Park, according to the plat thereof as recorded in Plat Book 7, Page 83, of the Public Records of Seminole County, Florida, less right-of-way for 11 .S. 17/92 and all that part of Lots 15 and 16 of said Block B, lying east of the west line of Lot 21, Block C, of D. R. Mitchell's Survey of the Levy Grant, ac- cording to the plat thereof, as recorded in Plat Book 1, Page 5, of the Public Records of Semi- nole County, Florida; also all that part of said Lot 21, Block C, of D. R. Mitchell's Survey of the Levy Grant, lying easterly of said Oak. Grove Park and southerly of Shepard Road and lying northerly of a line described as follows: Begin at the northeast corner of Lot 12, Block B, of said Oak Grove Park; thence run south 86035'15" east 1928.369 feet to a point on the easterly line of said Lot 21, Block C, D. R. Mitchell's 3 ~ 2.01 WINTER SPRINGS CODE Survey of the Levy Grant, said point being 1155.005 feet south 5057'13" west from the south- erly right-of-way line of Shepard Road, subject to Florida Power Corporation's 175-foot ease- ment and containing exactly 50 acres. Parcel "B": Lot 12, Block B, Oak Grove Park, accord- ing to the plat thereof as recorded in Plat Book 7, Page 83 of the Public Records of Seminole County, Florida, less right-of-way for U.S. 17/92; and the north 385 feet of the east 225 feet of Lot 15, and Lot 24, less the east 25 feet of the south 200 feet thereof, of Entzminger Farms Addition No. 3, acc~ding to the plat thereof, as recorded in Plat Book 6, Page 27, of the Public Records of Seminole County, Florida; also that part of Lot 21, Block C, D. R. Mitchell's Survey of the Levy Grant, according to the plat thereof as recorded in Plat Book 1, Page 5, of the Public Records of Seminole County, Florida, described as: Begin at the northeast corner of Lot 12, Block B, said Oak Grove Park; thence run south 4, 0 44' west 1,063.719 feet to the southwest cor- ner of said Lot 21; thence run north 83021'25" east 1,950.789 feet to the southeast corner of said Lot 21; thence run north 5057'13" east 722.942 feet to a point 1,155.005 feet south 5'; 57' 13" west from the intersection of the East line of said Lot 21 with the southerly right-of- way line of Shaphard Road; thence run north 86"35'15.5" west 1,928.369 feet to the point of beginning, subject to Florida Power Corpora- tion's l75.foot easement and containing exactly 50.286 acres, less the following: Lot 12 and Lots 17 and 18 lying west of the northerly projection of the east property line of Lots 12 through 16, Block B, Oak Grove Park, as recorded in Plat Book 7, Page 83 of the Public Records of Semi- nole County, Florida, and: Begin at the south- east corner of Gardena Farms as recorded in Plat Book 6, Pages 23 and 24, Public Records of Seminole County, Florida; run thence north 85000'00"; west along the south line of said Gardena Farms a distance of 5,479.23 feet to the westerly right-of-way line of the Tuscawilla- Gabriella Road; run thence north 04024'22" east along said westerly right-of-way line a distance of 2,450.55 feet; thence leaving said westerly right.of-way line run south 84050'15" east 1,120.89 feet; run thence north 04004'15" east 1,969.15 feet; run thence north 85005'45" west 418.47 feet to the westerly right-of-way line of the aforesaid Tuscawilla-Gabriella Road; thence continue along said westerly right-of-way line run north 43025'40" east 521.37 feet to the point of curvature of a curve concave northwest- erly having a radius of 1,612.02 feet, and a central angle of 20005'33"; run thence north- easterly along the arc of said curve a distance of 565.30 feet to the point of tangency; thence continuing along said westerly right-of-way run north 23020'07" east 3,903.29 feet to the point of curvature of a curve concave northwesterly having a radius of 2,839.79 feet and a central angle of 09014'37"; thence run northeasterly along the arc of said curve a distance of 458.15 feet to the point of tangency; thence continuing along said westerly right-of-way line, run north 14005'30" east a distance of 1,581.20 feet; thence leaving said westerly right-of-way run south 84051'30" east 1,368.08 feet; thence run south 05010'20" west 386.72 feet; run thence south 84050'40" east 634.53 feet to a point on the southerly right-of-way line of Railroad Avenue; run thence along said southerly right-of-way line south 54056'40" east 633.59 feet to a point on the easterly right-of-way line of Gardena Avenue; run thence along said easterly right- of-way line north 22039'04" east 142.94 feet to a point on the southerly right-of-way line of Atlantic Seaboard Coastline Railroad; run thence along said southerly right-of-way line south 54033'05" east 587.22 feet; thence leaving said southerly railroad right-of-way run north 00011'11" east 937.80 feet to a point on the southerly right-of-way line of State Road No. 419; run thence the following courses along said southerly right-of-way line of State Road No. 419, north 88026'29" east 2,224.37 feet; thence run south 89058'56" east 3,686.53 feet; thence south 89021'56" east 2,159.76 feet; thence leav- ing said southerly right-of-way line run south 00016'36" west 1,062.76 feet to the northeast corner of Section 8, Township 21 South, Range 31 East; thence run south 00025'38" east along the east section line of said Section 8 a distance of 798.62 feet; run thence north 82010'38" west 310.20 feet; run thence south 04034'12" west 1,143.12 feet; run thence north 89034'22" east 406.56 feet; run thence south 00025'38" east 745.20 feet; run thence south 89027'54" east a 4 'i ~ "-- ; 'i ~',;.I .;:.- c- ~.. / / " \ CHARTER \ distance af 1,349.48 feet; run thence sauth 00009'56" west 1,326.01 feet; run thence narth 89013'53" west 672.52 feet; ,run thence sauth 00000'36" west 980.83 feet; run thence nart.h 89~ 16'52" west 671.86 feet to. a paint an the east line af the afaresaid Sectio.n 8; run thence 5auth 00001"43" eastalang said east line af the afaresaid Sectian 8; run thence south 00001'113" east alang said east line .o.f Sectio.n 8, 330.14 feet to the northeast corner af Sectian 17, Town- ship 21 South, Range 31 East; run thence alang the east line of said Sectian 17 south 00016'14." west 1,341.14 feet; thence leaving said east sec- tian line run north 89015'33" west 4,004.99 feet; run thence south 00~14'56" west 1,775.51 fe~t; run thence north 89003'43" west 1,415.02 feet; run thence north 00014'26" west 687.66 feet; run thence narth 85014'00" west 602.10 feet; run thence south 87051'00" west 1,083.26 feet; run thence south 0001:5"'09" east 2,167.87 feet; run thence narth 84048'16" west 2,404.62 feet to. the paint of beginning; less that partian of Winter Springs as recarded in Plat Baok 15, Pages 81 and 82 af the Public Recards of Semi- nale Caunty, Flarida; also. less, begin at the sautheast carner of Gardena Farms as recarded in Plat Baak 6, Pages 23 and 24 af said Semi- nale Caunty, Flarida; run thence narth 05009'50" east 33.00 feet; run thencenarth 85000'00" west parallel with the sautherly line af said Gardena Farms, 4,502.35 feet, to. a paint af beginning; run thence further north 85000'00" west 627.31 feet; thence run narth 05000'00" east 225.00 feet; thence run narth 84009'48" east 175.44 feet; thence run south 85000'00" east 455.00 feet; thence run sauth 05000'00" west 257.98 feet to. the po.int o.fbeginning; also. less, begin at the so.utheast carner af Gardena Farms as re- carded in Plat Baak 6, Pages 23 and 24 af the Public Recards af Seminale Caunty, Flo.rida; run thence narth 05"09'50" east alang the east line af said Gardena Farms 7,160.06 feet to a paint an the nartherly right-o.f-way line af a Flarida Pawer and Light easement as recarded in O.R. Baak 183, Page 130; run thence narth 85010'12" west alang said nartherly right.af-way line 2,513.71 feet to. a point an the so.utherlyright- af.way line af a Flarida Pawer and Light ease- ment as recarded in D.B. 193, Page 276, af said Semina Ie Caunty; run thence so.uth 1,098.64 Supp. No.6 ~ 2.0.1 feet; run thence narth 85010'12" west 772.70 feet,ta the paint afbeginning; run thence narth 04049'48" east 300'.00' feet; run thence narth 85010'12" west 675.80' feet to the easterly right- af-way line af the Tuscawilla-Gabriella Raad; run thence sauth.23.020'07." west. along said easterly right-of"way line 316.30 feet; thence leaving said easterly rigp,t-of-way line run south 85010"'12" east 776.20: feet to,the paint af be- gj.nning,. co.ntaining 2,890~914D:I: acres. And' also less, the sauth 33\ feet afthe afaresaid Gardena Farms Subdivisian, and alSo. less'. that part lying within existing Narth Orlanda city limits, and begin at the nartheast carner af Lot 6, Gardena Farms as reco.rded in Plat Baak 6, Pages 23 and 24, Public Recards af Semina Ie Caunty, Flari- da; run thence westerly alang the no.rth line af Lats 6 thraugh 11 a distance af 3,851.40 feet to the narthwest carner af Lot 11 af said Gardena Farms; run thence sautherly alang the west- erly line af said Gardena Farms 6,623.75 feet; . thence run westerly to a paint 1,309.8 feet narth and 198 feet east af the narthwest ca'rner af Sectian-13, Tawnship 21 So.uth, Range 30 East; thence run sautherly 1,309.8 feet to. a paint 198 feet east af said narthwest carner af Sectian 13, To.wnship 21 Sauth, Range 30 East; thence run easterly 906.5 feet; t.hence run narth 19"20' , east 359.00 feet; thence run sauth 850 east 801.9 feet; thence run sauth 050 west to. the westerly right.:of-way line af the Tuscawilla-Gabriella Road; thence run nartheasterly alang the said west- erly right-of-way line af the TuscawiUa-GabrieUa Raad to. the paint af beginning, and also. Lats 1 and 2, Black A, D. R. Mitchell's Survey of the Levy Grant, Plat Book 1, Page 5, Semino.le County Public Recards, less all that partprevio.usly lying within the city limits af the Village af Narth Orlando., and also.; Begin at the intersec- tian af State Raad 15 and 60'0 (U.S. 17/92) and State Raad S-434 run sauth 89002'30" east 4,005.18 feet to. the P.C. af a curve cancave to. the no.rth, having a radius of 2,864.93 feet, a central angle o.f 5030'30"; thence run northeast- erly alang said curve an arc length af 275.42 feet to. the P.T. af said curve; thence run north 85027'00" east 3,709.58 feet to. the P.C. of a curve cancave no.rthwesterly having a radius af 1,273.57 feet, a central angle af 18058'00"; thence run nartheasterly alang said curve an arc length 5 ~ 2.01 WINTER SPRINGS CODE of 421.48 feet to the P.T. of said curve; thence run north 66029'00" east 2,776.82 feet to the P.C. of a curve concave northwesterly having a radius of 1,637.28 feet, a central angle of 17004'00"; thence run northeasterly along said curve an arc length of 487.67 feet to the P.T. of said curve; thence run north 49025'00" east 70.24 feet to the P.C. of a curve concave south- easterly having a radius of 636.62 feet, a cen- tral angle of 27058'00"; thence run northeast- erly along said curve an arc length of 310.74 feet to the P.T. of said curve, said point being the intersection of State Roads 8-434 and 419, less those parts lying within the City of Casselberry and the City of Longwood, Florida. Editor's note-The current description of the, boundaries of the city is on file in the city clerk's office. Section 2.02. [Property added by annexation since 1972.1 All property annexed to the City of Winter Springs, Florida, since the adoption of the Char- ter of 1972. Section 2.03. Annexation [procedure]. The commission of the City of Winter Springs, Florida, may propose by ordinance to annex an area of contiguous, compact, unincorporated land to the territorial limits of the municipality; or upon petition by all landowners of real property which is contiguous, reasonably compact and un- incorporated, the City of Winter Springs, may annex said land to the territorial limits of the municipality by ordinance. The procedure to be followed in the annexation of territory shall be as set forth in Chapter 171, Florida Statutes as it now exists or ,as it may be renumbered or amended. ARTICLE III. POWERS OF THE CITY Section 3.01. [Generally.] The city shall have all powers possible for a city to have under the constitution and laws of this state as fully and completely as though they were specifically enumerated in this Charter. Supp. No.6 ARTICLE IV. MAYOR AND CITY COMMISSION Section 4.01. Composition; qualification of members; and commission dis- tricts. (a) Composition. There shall be a city commis- sion of five voters of the city at large. Each city commission member shall reside in a designated geographical district, which districts shall con- tain as equal a number in population as practi- cable. (b) Qualifications. Only qualified voters of the city shall be eligible to hold the office of mayor or commissioner. Qualifications for candidates for the offices of mayor and city commissioner are as set out in Section 2-87, Code of the City of Winter Springs, Florida, as may be amended from time to time. Card. No. 494, ~ 1,8-13-90) Note-See the editor's note following S 4.02. Section 4.02. Commission districts; adjust- ment of districts. (a) Number of districts. The city commission of the City of Winter Springs, Florida, shall by sep- arate ordinance divide the city into five (5) geo- . graphical commission districts. (b) Districting commission. By the first day of February, 1991, the first day of February, 1992, and every three (3) years thereafter, the city com- mission shall appoint seven (7) city electors deter- mined from the registration of the last regular election, one (I) to be appointed by each commis- sioner from his/her respective district, and two (2) appointed by the mayor from the city at large, who shall comprise the districting commission. Electors chosen shall not he employed by the city in any other capacity. The initial districting com- mission, creating and establishing the first com- mission districts, shall be appointed by each com- missioner and the mayor from the city at large. (c) Report; specifications. The districting com- mission shall file with the official designated. by the city commission a r~port containing a recom- mended plan for establishment or adjustment of the commission district boundaries. ']'he initial dis- 6 (~ .) ". ( ( "- CHARTER tricting commission, creating and establishing the first commission districts, shall me such report within ninety (90) days of appointment. There- after, such reports shall be med within one hun- dred twenty (120) days of appointment to the dis- tricting commission. The commission district boundaries shall comply with the following spec- ifications: (1) Each district shall be forIned of compact contiguous territory, and its boundary lines shall follow the center lines of streets in- sofar as practical or possible, or other bound- aries available. (2) The districts shall be based upon- the prin- ciple of equal and effective representation as required by the United States Constitu- tion and as represented in the mathemat- ical preciseness reached in the legislative apportionment of the state. (3) The report shall include a map and descrip- tion of the districts recommended and shall be drafted as a proposed ordinance. Once- filed with the designated official, the report shall be treated as an ordinance introduced by a commissioner. (d) Support. It shall be the responsibility of the city manager to provide staff assistance and tech- nical data to the districting commission. (e) Procedure. The procedure for the city com- mission's consideration of the report shall be the same as for other ordinances, provided that if a summary of the ordinances is published pursuant to this Charter and general law, it must include both the map and a description of the recom- mended districts. <0 Failure to enact ordinance. The city commis- sion shall adopt the redistricting ordinance at least one ~undred twenty (120) days before the next city election. If the city commission fails to either accept or reject the redistricting ordinance, the report of the districting commission shall go into effect and have the same effect of an ordinance. The proposed redistricting ordinance may not be rejected for any reason except for failure to comply with the specifications listed in section 4.02(c} of this Charter or failure to comply with other local, state or federal law. Supp. No. 12 ~ 4.03 (g) Effect of enactment. The new commission dis- tricts and boundaries as of the date of enactment shall supersede previous commission districts and boundaries for all purposes; provided all incum- bent commissioners shall continue to hold office for the entire term to which elected notwith- standing any change in commission district and boundaries. (Ord. No. 494, ~ 1, 8-13-90) Editor's note-Ord. No. 494, !l 1, adopted ,Aug. i3, 1990, provided for the amendment of Char. ~~ 4.01 and 4.02 to read as herein Bet out. Such amendments were approved by the voters at an election held Nov. 6, 1990. Section 4.03. Election and terms. (a) The regular election of mayor and commis- sioners shall be held on the first Tuesday follow- ing the first Monday in the month of November of each year an election is held. All elections shall be for three-year terms of office. The terms of the mayor and commissioner shall begin the first Mon- day after the first day of December of each year an election is held. . (b) City commission seats are hereby designated as seats one, two, three, four and five. The com- missioners elected to serve on the city commission of the City of Winter Springs, Florida, shall serve as the first city commission until the first election under this Charter. (c) Those commissioners and mayor elected si- multaneously with the referendum election held pursuant to Section 166.031, Florida Statutes at :which this Charter provision was approved by the electorate shall serve as commissioners and mayor for a three-year term; at the first election held under this Charter the remainder of the previ- ously elected two-year term positions shall be for three (3) years. (d) All commissioners and the mayor shall be limited to three (3) terms, to be served consecu- tively. (Ord. No. 548, ~ HExh. A), 9.13-93) Editor's note-Section I of Ord. No. 548, adopted Sep. 13, 1993, provided for the amendment of ~ 4.03 to read as herein set out. Such amendment was approved by a majority of the voters at an election held Nov. 2, 1993. 6.1 ~ 4.04 WINTER SPRINGS CODE C'" .. . ... :'/.~: Section 4.04. Compensation; expenses. The city commission may detennine the annual salary of mayor and commissioners by ordinance, but no ordinance increasing such salary shall be- come effective until the date of commencement of the terms of mayor and commissioners elected at the next regular election, provided that such elec- tion follows the adoption of such ordinance by at least six (6) months. The mayor and each com- missioner of the city shall be reimbursed from the city treasury to cover the expenditUres naturally C" ,; Supp. No. 12 ( 6.2 CHARTER and necessarily incurred in the performance of their duties of office and said reimbursement for expenses shall be established by resolution. Section 4.05. Mayor. The mayor shall act and serve as chairman of the city commission, shall be the chief executive officer of the city, shall preside at its meetings, shall be recognized as head of the city govern- ment for all ceremonial purposes and be the gov- ernor for purposes of military law. Additionally, the mayor shall have the responsibility of the administrative duties of the city manager in the event the city commission does not appoint a city manager, unless otherwise provided in this char- ter. The commission shall elect from among its members a deputy mayor who shall act as mayor during the absence or disability of the mayor, and if a vacancy occurs, shall become mayor for the remainder of the unexpired term, or until the first municipal election after the vacancy occurs, whichever shall occur first. If a municipal elec- tion is held prior to the expiration of a mayor's term of office, the electors of the city shall elect a new mayor to fulfill the remaining unexpired term of office. The mayor shall not vote except in case of a tie vote of the commission. Within ten (10) days after the adoption of any ordinance by the city com- mission, the mayor shall have the power to veto said ordinance and return it to the commission at the next regular meeting with a written message. It shall require four-fifths (4/5) vote of the city commission to pass the ordinance after the mayor's veto. Section 4.06. General powers and duties. All powers of the city shall' be vested in the commission, except as otherwise provided by law or this Charter, and the commission shall provide for the ~xercise thereof and for the performance of all duties and obligations imposed on the city bylaw. Section 4.07. Prohibitions; holding other office. Except where authorized by law, no commis- sioner shall hold any other city office or city em- ployment during the term for which he was elected to the commission. ~ 4.10 Section 4.08. Vacancies; forfeitures of office; filling of vacancies. (a) Vacancies. The office of the commissioner or mayor shall become vacant upon his death, resignation, removal from office in any manner authorized by law or forfeiture of his office. (b) Forfeiture of office. A commissioner or mayor shall forfeit his office if he: . (1) Lacks at any time during his term of office any qualifications prescribed by this Char- ter or by law; or (2) Violates any express prohibi.tion of this Char- ter; or (3) Is convicted of a felony; or (4) Fails to attend three (3) consecutive regu- lar meetings of the commission without being duly excused by the commission. (c) Filling of vacancies. A vacancy in the com- mission shall be filled until the next regular elec- tion by the commission on a majority vote of all its remaining members. Section 4.09. Judge of qualifications. The commission shall be the judge of the elec- tion and qualifications of its members and of the grounds of forfeiture of their office and for that purpose shall have power to subpoena witnesses, administer oaths and require production of evi- dence. A member charged with conduct constitut- ing grounds for forfeiture of his office shall be so notified by certified mail and shall be entitled to a public hearing on demand, and notice of such hearing shall be published in one or more news- papers of a general circulation in the city at least one week in advance of the hearing. Decisions made by the commission under this section shall be subject to review by the courts. Section 4.10. City clerk. The mayor shall appoint an officer of the city who shall have the title of city clerk and who shall be approved by the city commission. The city clerk shall give notice of commission meet- ings to its members and the public, keep the jour- nal of its proceedings and perform such other du- ties as are assigned to him by this Charter or by the commission. 7 ~ 4.11 WINTER SPRINGS CODE Section 4.11. Investigations. The commission may make investigations into the affairs of the city and the conduct of any city department, office or agency and for this purpose may subpoena witnesses, administer oaths, take testimony and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the commission shall be guilty of a misdemeanor and punishable by a fine of not more than five hun- dred dollars ($500.00) or by imprisonment for not more than ninety (90) days or both. Section 4.12. Independent audits. The commission shall provide for an independ- ent audit of all city accounts and may provide for such more frequent audits as it deems necessary. Such audits shall be made by a certified public accountant or firm of accountants who have no personal interest, direct or indirect in the fiscal affairs of the city government or any of its offi- cers. The commission may designate such accoun- tant or firm annually or for a period not exceed- ing three (3) years provided that the designation for any particular fiscal year shall be made no later than six (6) months after the beginning of such fiscal year. If the state makes such an audit the commission may accept it as satisfying the requirement of this section. (Ord. No. 390, 9 1, 8-10-87; adopted referendum, November 3,1987) Section 4.13. Procedure. (a) Meetings. The commission shall meet regu- larly at least once every month at such times and places as the commission may prescribe by rule. Special meetings shall be held on the call of the mayor or three (3) or more members 'and when- ever practicaple, upon no less than twelve (12) hours' notice to each member. All meetings shall be public. (b) Rules and journaL The commission shall determine its own niles and order of business and shall provide for keeping a journal of its proceed- ings. This journal shall be a public record. (c) Voting. Voting, except on procedural mat- ters, shall be by roll call and the ayes and nays shall be recorded in the journal. Three (3) mem- bers of the commission shall constitute a quorum but a smaller number may compel the attendance of absent members in the manner and subject to the penalties prescribed by the rules of the com- mission. No action of the commission shall be valid or binding unless adopted by the affrrma- tive vote of three (3) or more members of the. commission. Section 4.14. Actions requiring an ordinance. In addition to other acts required by law or by specific provisions of this Charter to be done by ordinance, those acts of the city commission shall be done by ordinance which: (1) Adopt or amend an administrative code or establish or alter or abolish any city de- partment, office or agency; (2) Provide for a fine or other penalty or estab- lish a rule or regulation for violation ()f which a fine or other penalty is imposed; (3) Levy taxes, except as otherwise provided in Article VII with respect to the property tax levied by the adoption of the budget; (4) Grant or renew or extend a franchise; (5) Regulate the rate charged for its services by the public utility, except telephone and telegraph companies and public utilities regu- lated by the Florida Public Service Com- mission; (6) Conveyor lease or authorize the convey- ance or lease of any land of the city; (7) Adopt without amendment ordi.nances pro- posed under the initiative power; and (8) Amend or repeal any ordinance previously adopted, except as otherwise provided in Article IX with respect to repeal of ordi- nances reconsidered under the referendum power. Section 4.15. Ordinances in general. (a) Form Every proposed ordinance shall be introduced in writing in the form required for final adoption. No ordinance shall contain more 8 c'~ '-..oj;: .:.:-:.... ..........: . :~ < ( { ( '- J CHARTER than one subject which shall be clearly expressed in its title. The enacting clause shall be "The City of Winter Springs hereby ordains. . . ." (b) Procedure. An ordinance may be introduced by any member at any regular or special meeting of the commission. Upon introduction of any or. dinance, it shall be read in its entirety; provided however the said reading may be by. title only if all members of the city commission so vote. All ordinances shall be read twice, the second read. ing of any ordinance shall be by title only and shall follow the first by a minimum of ten (10) days; provided however, this requirement may be waived by a unanimous vote of all five (5) mem- bers of the commission. All ordinances shall be posted in the city hall for thirty (30) days after their first reading. (c) Effective date. Except as otherwise provided in this Charter, every adopted ordinance shall become effective at the expiration of thirty (30) days after adoption or at any date specified therein. Section 4.16. Authentication and recording; codification. The mayor and the city clerk shall authenti- cate by their signatures all ordinances and reso- lutions adopted by the city commission and the city clerk shall record in full in a properly in- dexed book kept for that purpose all such ordi- nances and resolutions. ARTICLE V. CITY MANAGER Section 5.01. Appointment; qualifications, compensation. The commission may appoint a city manager for an indefinite term and fix his compensation. The manager shall be appointed solely on the basis Of his executive and administrative qualifi- cations. In the event the commission does not appoint a city manager, the administrative du- ties of the manager shall be the responsibility of the mayor unless otherwise provided in this Charter. Section 5.02. Removal. I The commission may remove the city manager by motion of the city commission requiring four \, ~. 95.03 (4) affirmative votes; the city manager shall re- ceive thirty (30) days' severance pay in all such cases. Section 5.03. Powers and duties of the city manager. The city manager shall be the chief adminis- trative officer of the city. He shall be responsible to the commission for the administration of all city affairs placed in his charge by or under this Charter. He shall have the following powers and duties: (1) He shall appoint and when he deems it necessary for the good of the service, sus- pend or remove all city employees and ap- point administrative officers provided for, by or under this Charter except as other- wise provided by law, this Charter, or per- sonnel rules adopted pursuant to this Char- ter. He may authorize any administrative officer who is subject to his direction and supervision to exercise these powers with respect to subordinates in that officer's de- partment, office or agency. (2) He shall direct and supervise the adminis- tration of all departments, officers and agen- cies of the city except as otherwise provided by this Charter or by law. (3) He shall attend all commission meetings and shall have the right to take part in discussions but may not vote. (4) He shall see that all laws, provisions of this Charter and acts of the commission subject to enforcement by him or by offi- cers subject to his direction and supervi- sion are faithfully executed. (5) He shall prepare and submit the annual budget and capital program to. the com- mission. (6) He shall submit to the commission and make available to the public a complete report on the finances and administrative activities of the city at the end of each fiscal year. (7) He shall make such other reports as the commission may require concerning the op- erations of city departments, officers and agencies subject to his direction and superVIsIOn. 9 ~ 5.03 WINTER SPRINGS CODE (8) He shall keep the commission fully advised as to the fmancial condition and future needs of the city and make such recommendations to the commission concerning the affairs of the city as he deems desirable. (9) He shall perform such other duties as are specified in this Charter or may be required by the commission. Section 5.04. Acting city manager. By letter filed with the commission, the man- ager shall designate, subject to approval by the commission, a qualified city officer to exercise the powers and perform the duties of manager during his temporary absence or disability. During such absence or disability the commission may revoke such designation at any time and appoint another officer of the city to serve until the manager shall return or his disability shall cease. ARTICLE VI. ADMINISTRATIVE DEP ARTMENTS Section 6.01. [Power of commission to es- tablish.] The commission may establish city departments, officers or agencies in addition to those created by this Charter and may prescribe the functions of all departments and agencies. Section 6.02. City attorney. There shall be a city attorney appointed by the mayor and approved by the city commission, who shall represent the city in all legal proceedings and shall perform all other duties assigned to him by the city commission. ARTICLE VII. FINANCIAL PROCEDURE Section 7.01. Fiscal year. The fiscal year of the city shall begin on the first day of October and end on the last day of September. State law reference-Fiscal year mandate, F.S, 9218.032. Section 7.02. Submission of budget and bud- get message. On or before the first day of July of each year, the city manager shall submit to the commission a budget for the ensuing fiscal year and an ac- companying message. Section 7.03. [Contents of budget.] The budget shall provide the complete finan- cial plan of all city funds and activities for the ensuing fiscal year. Section 7.04. Commission action on budget. (a) Notice and hearing. The commission shall publish in one or more newspapers with a general circulation in the city, the general summary of the budget and a notice stating: (1) The times and places where copies of the message and budget are available for in- spection by the public; and (2) The time and place, but not less than two (2) weeks after such publication for a pub- lic hearing on the budget. (b) Amendments before adoption. After the pub- lic hearing the commission may adopt the budget with or without amendment. In amending the budget, it may add or increase programs or amounts and may delete or decrease any program or amounts, except expenditures required for debt service or for estimating cash deficit, provided that no amend- ment to the budget shall increase expenditures to an amount greater than the total of estimated income. (c) Adoption. The commission shall adopt the budget on or before the fifteenth day of Septem- ber of each year. (d) Except as otherwise provided by state law. Editor's note-Subsection 7.04(d), as ratified by referen. dum on Nov. 3,1981, contained no text. State law reference-Procedure for adoption of budget, F.S. ~ 200.065. Section 7.05. Public records. Copies of the budget and the capital program as adopted shall be public records and shall be made available to the public at suitable places in the city; 10 (~ ( ~ CHARTER Section 7.06. Amendments after. adoption. (a) Supplemental appropriations. If during the fiscal year the city manager certifies that there are available for appropriation revenues in ex- cess of those estimated in the budget, the com. mission by ordinance may make supplemental appropriations for the year up to the amount of such excess. (b) Emergency appropriations. To, meet a public emergency affecting life, health, property, or the public peace the commission may make emergency appropriations. To the extent that there are no available unappropriated revenues to meet such appropriations, the commission may by such emer- gency ordinance authorize the issuance of emer- gency notes and renewals of any fiscal year shall be paid not later than the last day of the fiscal year succeeding that in which the emergency ap- propriation was made. (c) Reduction of appropriations. If at any time during the fiscal year it appears probable to the city manager that the revenues available will be insufficient to meet the amount appropriated, he shall report to the commission without delay, in- dicating the estimated amount of the deficit, and the remedial action by him and his recommenda- tions as to any other steps to be taken. The com- mission shall then take such further action as it deems necessary to prevent or minimize any defi- cit and for that purpose it may by ordinance re- duce one or more appropriations. (d) Transfer of appropriations. At any time dur- ing the fiscal year the city manager may transfer part or all of any unencumbered appropriation balance among programs within a department, office or agency, and, upon written request by the city manager, the commission may by ordinance transfer part or all of any unencumbered appro- priation balance from one department, office or agency to another. (e) Limitations; effective date. No appropriation for debt service may be reduced or transferred, and no appropriation may be reduced below any amounts required by law to be appropriated or by more than the amount of the unencumbered bal- ance thereof. The supplemental and emergency , " ~ 9.01 appropriations and reduction or transfer of ap- propriations authorized by this section may be made effective immediately upon adoption. ARTICLE VIII. NOMINATIONS AND ELECTIONS Section 8.01. The city elections. The regular city elections shall be held on the first Tuesday following the first Monday in the month of November of each year an election is held. Section 8.02. Qualified voters. All citizens qualified by the constitution and laws of the State of Florida to vote in the city and who satisfy the requirements for registration pre- scribed by law shall be qualified voters of the city within the meaning of this Charter. Section 8.03. [Election procedures.] The city commission, by ordinance, shall adopt such election procedures as are necessary. ARTICLE IX. INITIATIVE AND REFERENDUM Section 9.01. General authority. (a) Initiative. The qualified voters of this city shall have power to propose ordinances to the commission and, if the commission fails to adopt an ordinance so proposed without any change in substance, to adopt or reject it at a city election, provided that such power shall not extend to the budget or capital program or any ordinance relat- ing to appropriation of money, levy of taxes or salaries of city officers or employees. (b) Referendum The qualified voters of the city shall have power to require reconsideration by the commission of any adopted ordinance and, if the commission fails to repeal an ordinance so reconsidered, to approve or reject it at a city elec- tion, provided that such power shall not extend to the budget or capital program, or any emergency ordinance or ordinance relating to appropriation of money or levy of taxes. 11 ~ 9.02 WINTER SPRINGS CODE Section 9.02. Commencement of proceedings; petitioners' committee; affidavit. Any five (5) qualified voters may commence initiative or referendum proceedings by filing with the city clerk an affidavit stating that they will constitute the petitioners' committee and be re- sponsible for circulating the petition and filing it in proper form, stating their names and addresses and specifying the address to which all notices to the committee are to be sent, and setting out in full the proposed initiative ordinance or citing the ordinance sought to be reconsidered. Promptly after the affidavit of the petitioners' committee is filed, the clerk shall issue the ap- propriate petition blanks to the petitioners' committee. Section 9.03. Petitions. (a) Number of signatures. Initiative and refer- endum petitions must be signed by qualified vot- ers of this city equal in number to at least fifteen (15) per cent of the total number of qualified vot- ers registered to vote at the last regular city elec- tion. When the registered electors of the City of Winter Springs reaches 7,000, then the percent- age changes to ten (10) per cent and remains ten (10) per cent thereafter. (b) Form and content. All papers of a petition shall be uniform in size and style and shall be assembled as one instrument for filing. Each sig- nature shall be executed in ink or indelible pencil and shall be followed by the address of the person signing. Petitioners shall contain or have attached thereto throughout their circulation the full text of the ordinance proposed or sought to be re- considered. (c) Affidavft of circulator. Each paper of apeti- tion shall have attached to it when filed an affi- davit executed by the circulator thereof stating that he personally circulated the paper, the num. bel' of signatures thereon, that all signatures were affixed in his presence, that he believes them to be the genuine signatures of the persons['] name they purport to be and that each signer had an opportunity before signing to read the full text of the ordinance proposed or sought to be reconsidered. (d) Time for filing referendum petitions. Refer- endum petitions must be filed within thirty. (30) days after adoption by the commission of the or- dinance sought to be reconsidered. Section 9.04. Procedure after filing. (a) Certificate of the clerk; amendments. Within twenty (20) days after the petition is filed, the city clerk shall complete a certificate as to its sufficiency, specifying, if it is insufficient, the par- ticulars wherein it is defective and shall proIl).ptl,y send a copy of the certificate to the petitig'~ers' committee by registered mail. A petition certified insufficient for lack of a required number of valid signatures may be amended once if the petition- ers' committee files a notice of intention to amend it with the clerk within two (2) days after receiv- ing the copies of the clerk's certificate and files a supplementary petition upon additional papers within ten (10) days after receiving the copies of said certificate. Such supplementary petitioner shall comply with the requirements of subsections (b) and (c) of Section 9.03 and within five (5) days after it is filed with the clerk shall complete a certificate as to sufficiency of the petition as amended and promptly send a copy of said certificate to the petitioners' committee by registered mail as in the case of an original petition. When a petition or amended petition is certified insutllcient and the petitioners' committee does not elect to amend or request commission review under subsection (b) of this section within the time required, the clerk shall promptly present his certificate to the commission and the certificate shall then be a final determination as to the sufficiency of the petition. (b) Commission review. If a petition has been certified insufficient and the petitioners' commit- tee does not file a notice of intention to amend it or if an amended petition has been certified insuf- ficient, the committee may within two (2) days after receiving the copy of said certificate, file a request that it be reviewed by the commission. The commission shall review the certificate at its next meeting following the filing of such request and approve or disapprove it, .and the commission determination shall then be a final determina- tion as to the sufficiency of the petition. 12 -"J C'1 '. . . ,- .' . ~ "~;:"'. ;,..... : :~. t:"'. :1 .'~.: . C' "'1 ( '-- CHARTER (c} Court review; new petition. A final determi- natian as to' the sufficiency af a petitian shall be subject to' caurt review. A determination ofinsuf- ficiency, even if sustained upon court review, shall nat prejudice the filing of a new petition for the same purpase. Section 9.05. Referendum petitions~ suspen- sion of effect of ordinanc.e. When a referendum petition is filed with the city clerk the ordinance sought to be reconsidered shall be suspended from taking effect. Such sus- pension shall terminate when: (1) There is a fmal determination of sufficiency af the petition; ar (2) The petitioners' committee withdraws the petition; or (3) The commission repeals the ordinance; ar (4) The supervisor of elections shall certify that the vote of the electorate failed to repeal the ardinance recansidered. Section 9.06. Action on petition. (a) Action by commission. When an initiative ar referendum petitian has been finally determined sufficient, the commissian shall properly consider the proposed initiative ordinance in the manner provided in Article IV or reconsider the referred ordinance by vating its repeal. If the commission fails to adapt a propased initiative ordinance with- aut any change in substance within sixty (60) days or fails to repeal the referred ordinance within thirty (30) days of the date the ardinance was finally determined sufficient, it shall submit the proposed referred ordinance to the voters af the city. (b) Submission to' vaters. The vate afthe city on a propo~ed ar referred ordinance shall be held not less than thirty (30) days and not later than ane year from the date of the final commission vote thereon. If no regular city election is to be held in the period prescribed in this subsection, the com- mission shall pravide for a special election; oth- erwise, the vate shall be held at the same time as said regular election, except that the commission [may] in its discretion provide for a special elec- ~ 11.01 tion at an earli~r date within the prescribed peri- od. Copies of the proposed ar referred ordinance shall be made available at the polls. (c) Withdrawal of petitio.n.., An initiative or ref- erendum petitiQll ~. be: withdi:aW1'l\ at:., a~, time prior to the Meenth day preceeding.the. day,. sched- uled for a vote of the city by fi.ting with the city clerk a request for withdrawal signed by at least four (4) members of the petitioners' committee. Upon the filing of such request the petition shall have no further farce or effect and all proceedings thereon shall be terminated. Section 9.07. Results of election. (a) Initiative. If a majority of the qualified vot- ers voting on a proposed initiative ordinance vate in its favor, it shall be conSidered adopted upon certification of the election results and shall be treated in all respects in the same manner as ordinances of the same kind adapted by the com- missian. If conflicting ordinances are approved at the same election the one receiving the gi-eatest number of affirmative votes shall prevail to' the extent of such canflict. (b) Referendum. If a majority of the qualified electors voting on a referred ordinance vote against it, it shall be considered repealed upan certifica- tion of the election results. ARTICLE X. AMENDMENTS Section 10.01. [Amendments.] Amendments to this Charter may be praposed and adopted by the legislature of the State of Florida or by the city commission pursuant to the home rule powers granted under the Constitution af the State of Florida. ARTICLE XI. SEVERABILITY Section 11.01. Severability. If any provision of this Charter is held invalid the other provisions of the Charter shall not be affected thereby. If the application of the Charter or any of its provisians to' any person ar circum- 13 ~ 11.01 WINTER SPRINGS CODE stance is held invalid,the application of the Char- ter and its provisions to other persons or circum- stances shall not be affected thereby. ARTICLE XII. POWERS Section 12.01. [Powers generally.] As provided in Article VIII, Section 2(b) of the State Constitution the City of Winter Springs shall have the governmental, corporate and proprietary powers to enable the city to conduct municipal government, perform municipal functions and render municipal services and may exercise any power for municipal purposes except when expressly pro- hibited by law. ARTICLE XIII. TRANSITIONAL PROVISIONS Section 13.01. City ordinances. All city ordinances and resolutions which are in force when this Charter becomes fully effective shall remain in full force and effect to the extent that they are not in conflict with this Charter. Section 13.02. City contracts. All rights, claims and contracts shall continue except as modified pursuant to the provisions of this Charter. Section 13.03. [City officials.] All elected and appointed city officials shall retain their respective positions until the first election held pursuant to the requirements of this Charter. Section 13.04. Provision for referendwn; form of ballots. The city commission shall submit to a referen- dum election the question as to the adoption of . this amended Charter. Such election shall be held at the next regularly scheduled election of the city or at a special election to be held within ninety (90) days of the passage of the ordinance amending this Charter by the city commission and shall be held in conformity with the laws and ordinances in force relating to elections in the City of Winter Springs. The ballot to be used in the referendum election shall be substantially in the following form: "Shall the amended Charter providing a form of government for the City of Winter Springs be adopted? For Adoption: Against Adoption: " Editor's note-This Charter was ratified by referendum on Nov. 3, 1981. Section 13.05. Majority vote required for adop- tion effective charter. Provided a majority of the registered voters of the City of Winter Springs voting in said referen- dum election vote "For Adoption" then the provi- sions of this amended Charter shall become oper- ative and be in full force and effect upon filing this amended Charter with the Department of State pursuant to Section 166.031(2) Florida Stat- utes (1979). [The next page is 651 14 c) ( \. ATTACHMENT "B" ,\ ',) Chapter 2 ADMINISTRATION. Art. I. In General, ~~ 2.1-2.25 Art. II. City CommiSsion, ~~ 2.26-2-40 Art. Ill. Boards, Committees, Commissions, ~~ 2.41-2.80 Div. L Generally, ~~ 2-41-2.55 Div. 2. Code Enforcement, ~~ 2.56-2-69.8 Subdiv. A. Board, ~~ 2-56-2-65 Subdiv. B. Citations, ~~ 2-66-2-69.8 Div. 3. Commerce and Industry Development Board, ~~ 2.70-2.75 Div. 4. Beautification Board, ~~ 2.76-2.80 Art. IV. Elections, ~~ 2-81-2-115 Art. V. Annexations and Rezoning, ~~ 2-116-2.135 Art. VI. Finance, ~~ 2-136-2-249 Div. 1. Generally, ~~ 2.136-2-150 Div. 2. Purchasing, ~~ 2-151-2.190 Div. 3. City.Qwned Personal Property, fi~ 2.191-2.249 Art. VII. Emergency Management, ~~ 2.250-2-265 . Div. L Generally, ~~ 2-250-2-260 Div. 2. Conditions of Emergency, ~~ 2.261-2.265 -Editor's no~e-The city commission has by various ordinances chosen not to have certain county ordinances in effect within the city. These ordinances are on liIe in the city clerk's office. Cross references-Alcoholic beverages, Ch. 3; city forestry office established, ~ 5.2; fire department, ~ 7-26 et seq.; uniform street numbering system, ~ 9.370 et seq.; licenses and business regulations, Ch. 10; nuisances, Ch. 13; personnel, Ch. 14; taxation, Ch. 18; utilities, Ch. 19. State Inw reference-Municipal home rule powers act, F.S. ch. 166. Supp. No, 12 129 j ADMINISTRATION ~ 2-57 ARTICLE L IN GENERAL Sec. 2-1. Abandoned property; disposition by city. ,,;". The disposition of lost or abandoned personal property within the city shall be pursuant to F.S. ~ 705.101 et seq. (Code 1974, ~ 9.8) Cross reference-Abandonment of motor vehicle proluo. ited, ~ 12-53. ' State law referenee-Seized. abandoned. wrecked or der. elict property, F.s. f 705.101 et seq. Sees. 2-2-2-25. Reserved. ARTICLE n. CITY COMMISSION Sec. 2-26.. Recall of elected officials. (a) Any elected public official may be recalled from office pursuant to the provisions herein set forth. (b) F.S. ~ 100.361 is hereby incorporated in haec verba into this section and all provisions shall be applicable to any public elected official of the city. (Code 1974, ~ 2.3) Cross reference-Elections, ~ 2-81 et seq. Sees. 2.27-2.40. Reserved. ARTICLE ill. BOARDS, COMMITrEES, COMMISSIONS. DIVISION 1. GENERALLY Sec. 2.41. Fee paid to appointed boardmem. bers; attendance of meetings. (a) Each person appointed by the city commis. sion for the City of Winter Springs, Florida, shall receive the sum of twenty-five dollars ($25.00) for each meeting of the board the person attends as reimbursement for all expenses incurred in. at- tending the meeting. .Cross references-Site plan review board, ~ 9-342 et seq.; planning and zoning board, !i 20-51 et seq.; board of adjul!t- mcnt, !i 20.76 ct seq. Supp. No. 13 (b) Any person who is a member of an appointed city board shall have the right to waive accep- tance of any reimbursement. (Ord. No. 551, ~~ I, 2, 1-24-94) Editor's note-Ordinance No. 651, adopted Jan. 24, 1994, did not specifically amend this Code; hence, codification of U 1 and 2 of said ordinance as Ii 2-41 herein was at the editor's discretion. Sees. 2.42-2-55. Reserved. DIVISION 2. CODE ENFORCEMENTt Subdivision A Board:!: Sec. 2.56. Creation. The city does herewith and does hereby create a code enforcement board pursuant to the terms of F.S. Ch. 162. . (Code 1974, ~ 2.51) Sec. 2.57. Membership; appointmetlt; qualifi. cations; terms. (a) 'The code enforcement board shall consist of seven (7) members to be appointed by the city com- mission. The members of the board shall be resi- dents of the municipality and appointments to the board shall be in accordance with the applicable law and ordinances on the basis of experience or interest in the fields of zoning and building con- trol. The membership of the enforcement board shall, whenever possible, include an architect, a businessman, an engineer, a general contractor, a subcontractor and a realtor. (b) The appointments to the code enforcement board shall be for a term of three (3) years. and a member may be reappointed upon approval of the city commission. Appointments to fill any vacancy tCross references-Animals, Ch. 4; arbor, Ch. 5; build- ings and building regulations, Ch_ 6; fire prevention and pro- tection, Ch. 7; flood damage prevention, Ch. 8; land develop- ment, Ch. 9; licenses and business regulations, Ch. 10; nuisances, Ch. 13; planning, Ch. 15; signs and advertising, Ch. 16; streets, sidewalks and other public places; th. 17; utilities, Ch. 19; zoning, Ch. 20. State law reference-Code enforcement boards, F.S. Ch. 162. :t:Editor's note-For classification purposes, ss 2-56-2.65 have been categorized as Subdiv. A, Board. See editor's note at Subdiv. B, !is 2-66-2.69.8, herein. 131 ~ 2-57 WINTER SPRINGS CODE on the enforcement board shall be for the re- mainder of the unexpired term of office. If any member fails to attend two (2) of three (3) succes- sive meetings without cause and without prior approval of the chairman, the board shall deelare the member's office vacant and the city commis- sion shall promptly fill such vacancy. Members shall serve in accordance with the Code and may be suspended and removed for cause as provided in BUch ordinances for removal of members of boards. (Code 1974, ~~ 2-52, 2-53) State law reference-Membership, F.s. ~ 162.05. Sec. 2-58. Election of officers; quorum; eorn. pensation; expenses. The members of the enforcement board shall elect a chairman from among its members who shall be a voting member. The presence of four (4) or more members shall constitute a quorum of the enforcement board. Members shall serye without compensation, but may be reimbursed for such travel, mileage and per diem expenses as may be authorized by the city commission or otherwise as provided by law. (Code 1974, ~ 2-54) State law reference-Similar provisions, F.S. ~ 162.05(3). Sec. 2-59. Code inspector; duties. There shall be a code inspector who may be any authorized agent or employee of the city. It shall be his duty to ensure code compliance and to ini. tiate enforcement proceedings. No member of the code enforcement board shall have the power to initiate such enforcement proceedings. If it is d~ termined that there has been a violation of the codes of the city, the code inspector shall notify the violator and give him a reasonable time to correct such violation. Should the violation con- tinue beyond j;he time specified for correction, the code inspector shall notify the enforcement board and request a hearing pursuant to the procedure hereinafter established. Written notice shall be mailed to the violator by certified mail, return receipt requested. Where mail would not be effect tive, notice shall be by hand delivery by the cOde inspector. Notwithstanding the above, in the event the code inspector haS reason to believe a viola. tion presents a serious threat to the public health, Supp. No. 13 safety and welfare, or the violation is irreparable or irreversible in nature, the code inspector may proceed directly to the hearing procedure pro- vided in section 2.60 and make a reasonable effort to notify the violator. (Code 1974, ~ 2-55) State law reterence-Similar provision, F.S. ~ 162.06(2), (3). Sec. 2-60. Hearings. (a) Hearings of the code enforcement board may be called upon request of the code inspector or by the chairman of the board or by written notice signed by at least thtee (3) members of the board. Future hearings may be set at any hearing of the code enforcement board. The code enforcement board shall attempt to convene at least once every two (2) months, but it may meet more or less often as the demand necessitates. Minutes shall be kept of all hearings by the code enforcement board and all hearings and proceedings shall be opened to the public. The city commission shall provide cler- ical and administrative personnel as may be rea- sonably required by the code enforcement board. for the proper performance of its duties. A member of the administrative staff of the city shall present each case before the code enforcement board. The testimony presented to the code enforcement board shall be under oath and shall be recorded. The code enforcement board shall take testimony from the code inspector and the alleged violator. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern such proceedings. (b) At the conclusion of the hearing, the code enforcement board shall issue findings of fact, based on evidence of record, and conclusions of law and shall issue an order affording the proper relief consistent with powers granted herein. The findings shall be by motion approved by a ma- jority of those present and voting, except that at least four (4) members of the code enforcement board must vote in order for the action to be offi- cial. The order may include a notice that it must be complied with by a specified date and that a fine may be imposed if the order is not complied with by that date. (Code 1974, ~ 2-56) 'State law reference-Conduct of hearing, F.S. ~ 162.07. 132 c~. ( \ ADMINISTRATION ~ 2-61 Sec. 2-61. Powers. The code enforcement board shall have the fol- lowing powers: (1) Adopt rules for the conduct of itS hearings; (2) Subpoena alleged violators and witnesses to its hearings which may be served by the county sheriff or by the police department of the city; (3) Subpoena evidence; (4) Take testimony under oath; (5). Issue orders having the force of law com- manding whatever steps are necessaIy to bring a violation into compliance; and (6) Assess rmes upon notification by the code inspector that a previous order of the code enforcement board has not been complied with by the set time. The violator may be ordered to pay a fine not to exceed two hun- dred fifty dollars ($250.00) for each day the violation continues past the date set for com- pliance or for each time the violation has been repeated. A certified copy of an order imposing a fine may be recorded in the public records and thereafter shall con- Supp. No. 13 132.1 ADMINISTRATION stitute a lien against the land on which the violation exists or, if the violator does not own the land, upon any other real or per- , sonal property owned by the violator and may be enforced in the same manner as a court judgment by the sheriffs of this state, including levy against the personal prop- erty, but shall not be deemed otherwise to be a judgment of the court except for en- forcement purposes. After six (6) months from the filing of any such lien which re- mains unpaid, the enforcement board may authorize the city attorney to foreclose on the lien. (Code 1974, ~ 2-57) Cross reference-Authority to enforce unifonn building numbering systems, ~ 9-376. State law reference-Similar provisions, F.S. ~~ 162.08, 162.09. Sec. 2-62. Duration of lien. No lien imposed by the code enforcement board shall continue for a longer period than five (5) years after the certified copy of an order imposing a fine has been recorded, unless within that time an action to foreclose on the lien is commenced in a court of competent jurisdiction. The continua- tion of the lien effected by the commencement of the action shall not be good against creditors or subsequent purchasers for valuable consideration without notice, unless a notice of lis pendens is recorded. (Code 1974, ~ 2-57.1) State law reference-Similar provision, F.S. !i 162.10. Sec. 2-63. Appeals. An aggrieved party, including the city commis- sion, may appeal a final administrative order of the code enforcement board to the circuit court. An appeal shall be filed within thirty (30) days of the execution of the order to be appealed. (Code 1974, ~ 2-58) . State law reference-Similar provisions, F.S. ~ 162.11. ( Sec. 2-64. 'Notices. (a) All notices required by this article shall be provided to the alleged violator by certified mail, return receipt requested; by hand delivery by the sheriff or other law enforcement officer code In- , \ Supp. "'". 12 . . }Ff~i:-" ~ 2-65 spector or other person designated by the city com- mission or by leaving the notice at the violator's usual place of residence with some person of his family above fifteen (15) years of age and informing such person of the contents of the notice. (b) In addition to providing notice as set forth in (a) above at the option of the code enforcement board, notice may also be served by publication or posting, as follows: (1) Such notice shall be published once during each week for four (4) consecutive weeks , ~th four (4) publications being sufficient, m a newspaper of general circulation in the county. The newspaper shall meet such re- quirements as are prescribed under F .S. Ch. 50 for legal and official advertisements and proof of publication shall be made as pro- vided in F.S.. ~~ 50.041 and 50.051. (2) If there is no newspaper of general circula- tion in the county, three (3) copies of such notice shall be posted for at lel;lSt twenty- eight (28) days in three (3) different and cOnspicuous places in such county, one (1) of which shall be at the front door of the courthouse in such county. Proof of posting shall be by affidavit of the person posting the notice, which affidavit shall include a copy of the notice posted and the date and places of its posting. (c) Notice by publication or posting may run concurrently with, or may follow, an attempt or attempts to provide notice by hand delivery or by mail as required under (a) above. (d) Evidence that an attempt has been made to hand deliver or mail notice as provided in (a) above, together with proof of publication or posting as provided in (b) above, shall be sufficient to show that the notice requirements of this article have been met, without regard to whether or not the alleged violator actually received such notice. State law reference-Similar provision, F.S. !i 162.'12. Sec. 2.65. Provisions of article supplemental. Nothing contained herein shall prohibit the city commission from enforcing its codes by other means. It is the intent of this article to provide an 133 ~ 2-65 WINTER SPRINGS CODE additional or supplemental means of obtaining compliance with local codes. (Code 1974, ~ 2-59) State law reference-Similar provision, F.S. ~ 162.13. Subdivision B. Citations. Sec. 2.66. Intent. The City of Winter Springs hereby creates a supplemental and additional method of enforcing its codes and ordinances by the issuance of cita- tions for violation of city codes or ordinances. The provisions of this subdivision may be used for the enforcement of any City Code or ordinance or for the enforcement of all city codes and ordinances unless prohibited by law. (Ord. No. 547, ~ I(~ 2-66), 11-22-93) Sec. 2.67. Definitions. For purposes of this subdivision, the following definitions shall apply: City. The City of Winter Springs. . Code enforcement officer. Any employee or agent of the City of Winter Springs who has been des. ignated by the city manager to enforce the city's codes and ordinances. (Ord. No. 547, ~ I(~ 2-66a), 11-22.93) Sec. 2-68. Designation, qualifications and training of code enforcement of. ficers. . The city manager is authorized to designate cer. tain employees or agents as code enforcement of- ficers. The training 'and qualifications of the em- ployees or agents designated as code enforcement officers shall be determined by the city manager. Designation as a code enforcement officer does not provide the cdde enforcement officer with the power to arrest or subject the code enforcement officer to the provisions of ~~ 943.085 through 943.255 of the Florida,Statutes. North in this sub- division amends, alters, or contravenes the provi- sions of any state-administered retirement system -Editor's note-Section I ofOrd. No. 547. adopted Nov. 22, 1993, provided for the addition of ~~ 2.66-2-66k herein. Said sections have been included herein as Subdiv. B, ~~ 2.66-2. 69.8, at the editor's discretion. Supp. No, 12 , or any state-supported retirement system estab. lished by general law. (Ord. No. 547, ~ 1(9 2-66b), 11-22-93} Sec. 2.69. Authority of code enforcement of. ficers. All designated code enforcement officers are au- thorized to issue a citation to a person when based upon personal investigation, the code enforcement officer has reasonable cause to believe that the person has committed a civil infraction in viola- tion of a city code or ordinance and that the county court will hear the charge. (Ord. No. 547, ~ I(~ 2.66c), 11-22-93} Sec. 2.69.1. Citation procedure. Prior to issuing a citation, a code enforcement officer shall provide notice to the person that the person has committed a violation of a code or or- dinance and shall establish a reasonable time pe- riod within which the person must correct the vi~: olation. Such time period shall be no more than thirty (30) days. If, upon personal investigation, a code enforcement officer finds that a person has not corrected the violation within the time period, a code enforcement officer shall issue a citation to the person who has committed the violation or refer the matter to the codes enforcement board. A code enforcement officer does not have to pro. Vide the person with a reasonable .time period to correct the violation prior to issuing a citation and shall immediately issue a'citation if the code enforcement officer has reason to believe that the violation presents a serious threat to the public health, safety, or welfare, or if the violation is irreparable or irreversible. (Ord. No. 547, ~ I(~ 2.66d), 11-22-93) Sec. 2.69.2. Delivery of warning notices and citations. ' A copy of warning notices and citations shall be provided to the alleged violator by hand delivery by the code enforcement officer. In the absence of the alleged violator, the warning notice or cita- tion shall be delivered to the alleged violator by leaving a copy of the warning notice or citation at the alleged violator's usual place of residence with any person residing therein who is above fifteen 134 (. .. ': ( \.. ADMINISTRATION .., (15) years of age and infol'IllJ.ng suCh person of the contents of the'warning-i1Otice or citation or by registered or certified mail, return receipt re- quested. Whenever an alleged violator is required to do some act within a prescribed period after a warning notice or citation is delivered by mail, three (3) days shall be added to the prescribed period. (Ord. No. 547, ~ I{~ 2-600), 11-22-93) Sec. 2.69.3. Violation classification and civil penalty. (a) Violations of city codes or ordinances and the applicable civil penalties shall be classified as follows: ., ~ Vr.olation Classification Class I Class IT Class III Class IV Civil Penalty $ 50.00 100.00 200.00 300.00 City codes and ordinances subsequently enacted or amended may set forth the applicable civil pen- alty for violations by designating the appropriate violation classification. (b) Each violation of a citY code or ordinance in the schedule of violations ~jl subsection (a) herein is a separate civil infraction. Each day such vio. lation shall continue shall be deemed to consti- tute a separate civil infraction. (c) Court costs in the amount of ten dollars ($10.00) per citation collected shall be retained by the clerk of circuit court. The civil penalties set forth above include said court costs. (Ord. No. 547, ~ I(~ 2-660, 11-22-93) Sec. !l-69.4. Schedule of violations. (a) Violation of the following city codes or ordi. nances is a civil infraction for which a citation may be issued: Section Title Illegal signs. A. Handicap B.Ads I I I Class 16-57 9-349 16.57 ........ Supp :-":., 12 Section Title 16-57 C. Snipes 16-56(b) D. RO.W. 16.53 E. Erected signs 16-83 F. Garage sale Motor Vehicle Vwlations 12-66 For sale/repairs on R.O.W. 20431 A.RV 20411 B. Boat and trailer 20-411 C. Camper 20411 D. Work trailers 12-67 E. Parking between lines 12-53 F. Abandon on R.O.W. 12.65 G. Parking/standing street 20- H. Prohibited vehi. 431(1)a-h cles 20433 I. Disabled vehicles 13-2(b) Outdoor storage 13-2(b) A. Trash 13.2(b) B. Junk and debris 13-2(b) C. Equipment strewn around yard l3-2(d) Stagnant pool l3-2(b) Tree trimmings and yard trash 13-2(c) Unsafe/unsanitary 9-374 House and building numbers 13-26 Loud party 13-33 Loud music 13-34 Animal and bird noises 10-137 No -garage sale permit l6.27(b) Illegal handbills 16-25 Handbills on autos l6-27(b) Cast periodicals 135 ~ 2-69.4 Class I I I I I I I I I I I I I I I I I I I I I I I I I I I I I ~ 2-69.4 Section 13-2 13-2(b) 7-26 7-79 11-5 10-136 4-1 4-1 4-1 4-1 4-2 4-1 4-1 17-1 7-27 6-46 10-26 6-3 7-1 7-1 493 6-217 Supp. No. 12 WINTER SPRINGS CODE Title Class Littering R.O.W. I Littering private property I Open burning I Obstruction of hy- drants I Use of air guns/sling- shotJetc. by a minor I Soliciting I Animal control viola- tions I A. Barking dog I B. Loose cat or dog I C. Animals defe- cating or urinating I D. Over two (2) cats or two (2) dogs I E. Loose animals I F. All other animal violations I Section Title Class 9-349(a), (b), (c) 6-165 Site plan violation Building mainte- nance to code III III Additional offenses to class I, II, and III IV Vl.Olation Classification Class I Class II Class III Class IV Civil Penalty $ 50.00 100.00 200.00 300.00 (b) The citations issued pursuant to sections 2-69.2, 2-69.3, and 2-69.4 may be contested in county court in and for Seminole County. (Ord. No. 547, ~ I(~ 2-66g), 11-22-93) Sec. 2-69.5. Procedures to payor contest ci. tations. Hazards (obstruc- tions) R.O.W. I Fireworks and explo- si ves I All second offenses of class I II No building permit II No occupationalli- cense II No arbor permit II Spreading fire II Failure to notify fire II No meter backflow II All second offenses or class II III Third offenses of class I III No pool enclosure III (a) Any person cited for a violation under sec- tions 2-69.1, 2-69.2, 2-69.3, and 2-69.4 shall within thirty (30) days of issuance of the citation: (1) Pay the civil penalty set forth in the schedule of violations at the clerk of the circuit court's office; or (2) Contest the citation in county court through appearance at the clerk of the circuit court's office to receive a court date. (b) If the person cited pays the civil penalty as, provided in subsection (a)(l) of this section, he shall be deemed to have admitted the civil infraction and to have waived his right to a hearing to con- test the citation. (c) If the person cited appears at the clerk of the circuit court's office to receive a court date as pro- vided in subsection (a)(2) of this section, he shall appear on said court date to contest the citation in county court and he shall be deemed to have waived his right to the civil penalty set forth in the schedule of violations and shall be subject for each violation to the maximum civil penalty which shall not exceed five hundred dollars ($500.00) plus any applicable court costs. 136 "'::N:~ji;~:,~~~i1 ;i,i ,...:...... (- ( \ . . ADMINISTRATION ~ 2-70 (d) If the person cited fails to" pay the civil pen- alty within the time allowed, or fails to appear in court to contest the citation, he shall be deemed to have waived his right to contest the citation and judgment may be entered against th~ person for an amount up to the maximum civil penalty not to exceed five hundred dollars ($500.00). (e) Any person who willfully .~fuses to sign or accept a citation issued by a codeertrorcement of- ficer or refuses to provide the information re- quired in the citation shall oom violation of this section and shall be prosecuted as a inisdemeanor of the second degree, punishable as provided in ~ 775.082 or ~ 775.083 of the Florida Statutes. (Ord. No. 547, ~ I(~ 2066h), 11-22-93) Sec. 2-69,6_ Citation contents. The citation issued by the code enforcement of- ficer shall be in a form prescribed by the city and shall contain: (1) The date and time of issuance. (2) The name and address of the person to whom the citation is issued. (3) The date and time the civil infraction was committed. (4) The facts constituting reasonable cause. (5) The number or section of the code or ordi- nance violated. (6) The name and authority of the code enforce- ment officer. (7) The procedure for the person to follow in order to pay the civil penalty or to contest the citation. (8) The applicable civil penalty if the person , elects not to contest the citation. (~) The applicable civil penalty if the person elects to contest the citation. (10) A con,spicuous statement that if the person fails to pay the civil penalty within the time allowed, or fails to appear in court to con- test the citation, he shall be deemed to have waived his right to contest the citation and that, in such case, judgment may be en- Supp, N.. \"2 tered against the person for an amount up to the maximum civil penalty. (Ord. No. 547, ~ I(~ 2-66i), 11-22-93) Sec. 2-69.7. Disposition of citations and civil penalties. (a) After issuing a citation to an alleged vio- lator, the code enforcement officer shall: (1) Deposit the original citation and one (1) copy of the citation with the clerk of the circuit court; (2) Provide the alleged violator with one (1) copy; (3) Deposit one (1) copy with city clerk; and (4) Retain one (1) copy in the code enforcement officer's dep~ment me. (b) All civil penalties received by the county court from violators of city codes or ordinances shall be paid into the general fund of the city in the penalty and fine account. All court costs shall be "retained by the clerk of the circuit court. (Ord. No. 547, ~ l(~ 2-66j), 11-22-93) Sec. 2-69.8. Provisions supplemental. It is the legislative intent of this subdivision to provide an additional and supplemental means of obtaining compliance with city codes and ordi- nances. Nothing contained in this subdivision shall prohibit the city from enforcing its codes or ordi- nances by any other means. (Ord. No. 547, ~ l(~ 2-66k), 11-22-93) DMSION 3. COMMERCE AND INDUSTRY DEVELOPMENT BOARD Sec. 2-70. Created. There is hereby created The City of Winter Springs Commerce and Industry Development Board hereinafter referred to in this division as board. The purpose of the board shall be to rec- ommend pians and work toward attracting clean, nonpolluting commercial businesses to the city that are compatible with a high quality of life, culture and environment. (Ord. No. 424, ~ I, 7.11-88) 137 fi 2-71 WINTER SPRINGS CODE Sec. 2-71. Membership; terms; removal. The board shall be comprised of seven (7) mem- bers. Five (5) members to be appointed by the city commission with the incumbent mayor and the , . city manager serving as ex officio members of the board. Each board member shall serve a three- year term and may be removed at any time by a majority vote of the city commission. The city COJIl- mission shall strive to appoint persons from the private business sector in Winter Springs or busi- ness persons residing within the city. . (Ord. No. 424, ~ 2, 7-11-88) See. 2-72. Reimbursement for expenses. Each board member except the mayor and the city manager shall be reimbursed from the city treasury to cover the expenditures naturally and necessarily incurred in the performance of their duties of office and the reimbursement for ex- penses shall be established by resolution. (Ord. No. 424, S 3, 7-11-88) Sec. 2-73. Powers and duties. The board shall have no authority to contractu- ally, legally or otherwise bind the city. The board shall recommend to the. city commission all pro- grams it deems necessary to effectuate its pur- poses. The city commission shall review the rec- ommendations and vote to approve or disapprove or approve with recommendations and shall vote to fund or not to fund the recommendations. (Ord. No. 424, ~ 4, 7-11-88) Sees. 2-74-2-75. Reserved. DIVISION 4. BEAUTIFICATION BOARD* Sec. 2-76. Created. There is herel1y created "The Beautification of Winter Springs Board" (hereinafter referred to as "BOWS"). (Ord. No. 459, ~ 1, 5-22.89) -Editor's note-Ord. 459, ~ 1, adopted May 22, 1989, did not specify manner of codification; hence, inclusion herein as Div. 4, ~~ 2-76-2.80, has been at the discretion of the editor. Cross references-Building regulations generally, Ch. 6; fences, walls and hedges, ~ 6-186 et seq.; land development, Ch. 9; signs and advertising, Ch. 16; streets, sidewalks llnd other public places, Ch. 17; zoning, Ch. 20. Supp. No. 12 Sec. 2-77. Composition; appointment ofmem. bers. BOWS shall consist of seven (7) members. five (5) members to be appointed by the city commis. sion and two (2) members to be appointed by the mayor. (Ord. No. 459, ~ 2, 5.22-89) See. 2.78. Terms; organization; meetings. The members of BOWS shall be appointed for a term of three (3) years; three (3) of the initial BOWS members shall be appointed for a term of three (3) years, two (2) of the initial BOWS memo bers shall be appointed for terms of two (2) years, and two (2) of the initial BOWS members shall be appointed for the term of one (1) year, thereafter the terms shall be three (3) years. Immediately upon appointment, the members of the Beautifi. cation of Wmter Springs Board shall meet and organize and shall elect from among the member. ship a chairman, a vice-chairman, and a secre- tary, whose terms of office shall be for the period" of one (1) year or until their successors are elected 138 ( ( - .{( .'\... ADMINISTRATION by the members of the board. The Beautification of Winter Springs Board shall conduct such meet- ings as may be necessary to properly perform its duties and functions and shall establish. rules or bylaws to govern the manner in which its meet- ings and affairs are conducted. (Ord. No. 459, 9 3, 5-22~89) Sec. 2.79. Duties; expenditures. (a) The Beautification of Winter Springs Board is empowered and directed to consider and study the entire field of beautification in the city, and shall advise, counsel and consult with the" city commission and the city manager in connection with the beautification and preservation of nat- ural beauty of the city. The BOWS board shall consider all matters submitted to it by the city commission or the city manager, and shall offer suggestions and recommendations on its own ini- tiative in regard to the beautification and clean- liness of city properties. It shall receive petitions and suggestions from the citizens of the city, and shall cooperate with civic groups, garden clubs, governmental agencies and other organizations regarding beautification, conservation of natural beauty, and related subjects. (b) The members of BOWS shall be compen- sated in accordance with the manner and proce- dure set down by the city commission. (Ord. No. 459, ~ 4, 5.22.89) Sec. 2-80. Master beautification plan; recom. mendations to city commission. (a) It is the purpose of the Beautification of Winter Springs Board to prepare a master plan for the overall beautification of the city with re- gard to those areas owned by the city, and recom- mendations to private owners. This board shall work Viith other civic groups and governmental agencies within the environmental limits of the city such as the following: (1) Approaches to the city; (2) Surrounding county areas which affect the impressions of visitors and citizens of the area with regard to the city. (b) BOWS shall recommend to the city commis- , sion such overall projects as seem warranted, but Supp, No.7 !i 2-84 shall refrain from making individual specific rec- ommendations. BOWS shall not concern itself with the day-to-day affairs of normal city functions, but shall, upon request of the city commission, make specific recommendations. (Ord. No. 459, 9 5, 5-22-89) ARTICLE IV. ELECTIONS. Sec. 2-81. Election supervisor. The city clerk is hereby designated the super- visor of elections for the city. (Code 1974, 9 2-27) Sec. 2-82. Proclamation. The mayor shall issue a proclamation calling the municipal elections provided for in this article and at least sixty (60) days prior thereto. The proc- lamation shall be published in a newspaper of gen. eral circulation in this city once each week for four (4) consecutive weeks prior to the municipal election. (Code 1974, ~ 2-29) Sec. 2-83. Municipal elections to be general elections. Municipal elections held as provided in this ar- ticle shall be general municipal. elections and no other municipal primary or general election shall be necessary. The successful candidates deter- mined as provided in this article shall be the duly elected officers for their respective offices and shall take office on the first Monday after the first day of December next succeeding the election. (Code 1974, 9 2-30) Charter reference-Election date, !i 4.03. Sec. 2-84. Determination of person elected. The person receiving the highest number of votes cast for one (1) office is elected to the office. If there should be more than two (2) candidates for anyone (1) office, and two (2) candidates receive an equal and highest number of votes cast in the municipal election for the same office, then the -Charter references-City commission election and terms. ~ 4.03; nominations and elections, !i 8.01 et seq. Cross reference-City commission, !i 2.26 et seq. 139 li 2.84 WINTER SPRINGS CODE two (2) candidates receiving an equal and highest number of votes cast shall run again in a runoff municipal election. The runoff election shall be held fourteen (14) days after the initial election', and the candidate receiving the majority of the votes cast at such runoff election shall be elected. (Code 1974, S 2-31) Sec. 2-85. Election boards. The mayor shall appoint an election board for the municipal elections herein provided for. The names of the members of such election board shall be included in the proclamation for the holding of the municipal elections. The mayor shall fill any vacancy in the election board by' appointment. The compensation of such boards shall be set by the city commission. The duties and respo'nsibilities of the election board shan be those as stated in F.S. ch. 102, for state offices. In years when the county supervisor of elections conducts the mu- nicipal election, the supervisor shall appoint the election board, shall fill any vacancy and shall set the compensation of the election board. (Code 1974, S ~-32) Sec. 2.86. Nonpartisanship required. Municipal elections shall be nonpartisan and all officers shall be elected without reference to their political faith or party affiliations. (Code 1974, S 2-33) Sec. 2-87. Qualification of candidates. Each candidate seeking the office of city com- missioner or mayor or any other elective office .of the city shall file a petition signed by fifteen (15) registered voters of the city with the city clerk. Each candidate seeking the office of city commis. 'sioner or major of. any other elective office of the city shall have resided in the city one (1) year prior to the time of qualifying. Each candidate seeking the office of city commissioner shall be a resident of a designated commission district as established by ordinance and shall have resided in the designated commission district six (6) months prior to the time of qualifying. Notwith. standing the above requirement, city commis. sioners shall run at large as commission candi- dates under district designation. All candidates Supp. No.7 for office in municipal elections shall 'be regis- tered and qualified electors of the city at the time . of their qualifying as a candidate with the city clerk and shall file an application designating the office for which he/she is a 'candidate and pay the qualifying fee provided for in section 2-88. Such application shall be filed and the qualifying fee paid between the first day of September and the fifteenth day of September, during which the of- fice shall be open for qualifying for election. (Code 1974, 9 2-34; Ord. No. 494, 9 2~ 8-13-90) Editor's note-Provisions or Oni. No. 494, li 2, adopted Aug. 13, 1990, amended li 2-87 to read as herein set out and were approved by the voters at an election held Nov. 6, 1990. Sec. 2-87.1. Vacancy in candidacy. (a) If the death, withdrawal or removal of a qual- ified candidate following the end of the qualifying period results in only one candidate remaining on the ballot for that office, the remaining candidate shall be declared elected and no election for that office shall be required. (b) If the death, withdrawal or removal from the ballot of a qualified candidate following the end of the qualifying period results in no candi- dates for an office, and if a vacancy shall result on the city commission, such vacancy shall be filled in accordance with section 4.08(c) of the Charter of the City of Winter Spr.ings, Florida. (c) A candidate withdrawing or being removed from the ballot after having qualified and paid the qualification fee shall not receive a refund of the qualifying fee. (Ord. No. 509, ~ 1, 9-23.91) Sec. 2-88. Qualifying fees. All candidates for city commission and mayor, qualifying as provided in this Code, shall pay a qualifying fee of one hundred fifty dollars ($150.00). The qualifying fee shall be paid to the city clerk and be paid by the clerk into the gen- eral fund of the city. (Code 1974, S 2-35) Sec. 2.89. Registration of voters. Voters in a municipal election shall be regis- tered in the manner provided for by the General La~s of Florida as set out in Florida Statutes, 140 c ( \ " / '.~~f/7~~."!' } ADMINISTRATION ~ 2.116 Chapters 97 and 98. All vo~ residing within the municipal limits of the city and registkred by the supervisor of elections to vote in the coUnty, shall be eligible to vote in all municipal elections. ' (Code 1974, ~ 2-36) _ ,', State law reference-Qualifications of municipal electors, F.S. ~ 166.032. Sec. 2-90. Voting places. " , In those years when the city conducts the elec- tion not in conjunction with the county election, voting places for municipal elections shall be des- ignated by the city commission. The location of the voting places shall be included in the mayor's proclamation called for by section 2-82 above. In the event there should be a nmoff election, the same voting places shall be used. (Code 1974" ~ 2-38) Sec. 2.91. Voting machines. Voting machines shall be used for voting in the municipal elections provided for in this article in the same manner as such machines are used for voting in state and county elections. (Code 1974, ~ 2-39) . Sec. 2-92. Absentee voting. Absentee voting in the municipal elections pro. vided for in this article shall be permitted and governed by F.S. ~~ 101.62 through 101.70. (Code 1974, ~ 2-40) Sec. 2-93. Canvass of return. In those years when the city conducts the elec- tion not in conjunction with the county election, returns shall be canvassed by the city canvassing board designated to canvass the returns in mu- nicipal elections. Such city canvassing board shall consist of the city clerk and two (2) members of the city commission to be designated by the com- mission. The canvassing board shall canvass the returns and issue their certificate pursuant to F.S. chs. 101 and. 102 and issue its certificate of elec- tion to the successful candidate. The certifiCate of the canvassing board shall be issued in triplicate; one (1) copy to be deposited with the city clerk, one (1) copy shall be delivered to the city commis. sion, and one (1) copy shall be posted on the public' .. Supp, No, 14 bulletin board in the city hall. Such certificate shall be recorded in the minutes of any meeting of the city commission held immediately following theflling of the certificate. In years when the county supervisor of elections conducts the mu- nicipal election; the county canvassing board shall be designated to canvass the returns of the mu- nicipal election. (Code 1974, ~ 2-41) Sec. 2.94. Applicability of Code to election where questions are submitted. At all elections at which any question is sub- mitted to the electors, including bond issues, this article shall apply to the extent that it can be made applicable and is not preempted by the gen- eral election laws of the state. (Code 1974, ~ 2-42) State law reference..:..Bond referendum, F.S. ~ 100.201 et seq. Sec. 2.95. Additional duties of city clerk. The city clerk is authorized and direCted to have prepared such form:s, and perform such ministe- rial duties as are required by this article by nec- essary implication in 'order to accomplish the ob- jectives of this article, and the intent of the city commission in adopting it. (Code 1974, ~ 2-43) Sees. 2-96-2-115. Reserved. ARTICLE V. ANNEXATIONS AND REZONING'" Sec. '2-116. Annexation fees. (a) All applications for annexation of property into the city shall be accompanied by an annex- ation fee. Such fee will be established by resolu- tion of the city commission, pursuant to the au- thority of this section. (b) The annexation fee shall be used to pay the costs of annexation, and any additional costs re- lated thereto. (Code 1974, S 2-1) .Cross references-Buildings and building ,regulations, Ch. 6; land development, Ch. 9; streets, sidewalks and other public places, Ch. 17; zoning, Ch. 20. State law reference-Annexation procedure, F.S. ch. 171. 141 ~ 2.117 WINTER SPRINGS CODE Sec. 2.117. Waiting period for annexation or rezoning of property. No parcel of propertY shall be considered for annexation into the city, nor shall any parcel of. property within the city be considered for rezoning, for a six-month period of time following the denial of a petition for annexation or rezoning; provided, however, that the six-month waiting period may be waived by the city commission. (Code 1974, ~ 2-1.1) Sees. 2-118-2-135. Reserved. ARTICLE VI. FINANCE. DIVISION 1. GENERALLY Sees. 2-136-2-150. Reserved. DIVISION 2. PURCHASING Sec. 2-151. Purchase. orders. Purchase orders shall represent authorization to purchase the item stated on the purchase order subject to the purchase order being .approved by the head of the department making the purchase and the city manager. (Code 1974, ~ 2-22) Sec. 2-152. When written bids are required; waiver. The city shall receive written bids on all pur- chases for more than four thousand dollars ($4,000.00). The city commission may waive the requirement for receiving written bids if it deter- mines an emergency exists that warrants said waiver. Nothil1g herein shall be construed as a waiver of the requirement to comply with Florida law in the purchase of its services and supplies. (Code 1974, * 2-23; Ord. No. 564, * 1, 7-25-94) .Charter references-Independent audits. II 4.12; finan- cial procedures generally, !i 7.01 et seq. Cross references-Licenses and business regulations, II 10-1 et seq.; taxation, 1118-1 et seq. State law references-Municipal finance and taxation, F.S. ~ 166.201 et seq.; budget adoption, F.S. II 200.065; municipal financial matters, F.S. ch. 218. Supp. No. 14 Sec. 2-153. Bidding procedure. All written bids shall be submitted to the city clerk.. All bids shall be opened by the city man- ager, or city official designated by the city man. ager. When written bids are required, the specie fications for such bids shall be advertised in a newspaper of general circulation in the county at least fifteen (15) days prior to the opening of the bids; however, emergency specifications without advertisement may be permitted upon unanimous vote by all members of the city commission. (Code 1974, ~ 2.24) Sees. 2-154-2-190. Reserved. DIVISION 3. CITY-OWNED PERSONAL PROPERTY Sec. 2-191. Definition of property. The word "property" as used in this division means fixtures and other tangible personal prop- erty of a nonconsumable nature, the normal e]{. pected life of which is one (1) year or more as determined by the custodian of the property as hereinafter provided which property is owned by the city. (Ord. No. 421, g I, 6-13-88) Sec. 2-192. Identification; record; inventory. (a) Each item of property which it is practi- cable to identify by markings shall be marked in a manner in accordance with standard auditing procedures. (b) The city manager shall be responsible for maintaining on behalf of the city an adequate record of property. Such records shall contain in- formation in accordance with standard auditing procedures. (c) A complete physical inventory of all prop- . erty shall be taken annually and the date inven- toried shall be entered on the property record. The city manager shall take an inventory of property in the custody of a custodian whenever there is a change in such custodian. The inventory shall be compared with the property record and all discrep- ancies will be traced and reconciled. (Or9. No. 421, g9 II-IV, 6-13-88) 142 ( ( I \ \.... ADMINISTRATION Sec. 2-193. Property superviSion and control. The city manager shall be primarily respon. sible for the supervision and control of property, but may delegate to a custodian its use and im. mediate control and may require custOdy receipts. The city manager may assign to or withdraw from a custodian the custody of any of the property at any time. If the custodian is an officer elected by the people, the property may ricit. be withdrawn from that person's custody without that person's consent. Each custodian shall-.be responsible to the city manager for the safekeeping and the proper use of the property entrusted to the custo- dian's care. If the city manager or the custodian is not a bonded officer, the city commission may re- quire from the custodian a bond conditioned upon such safekeeping and proper use of the property. (Ord. No. 421, ~ V, 6-13-88) Sec. 2-194. Disposal of surplus property. Property of the city that is obsolete or the con- tinued use of which is uneconomical or inefficient or for which there is no useful function which prop- erty is not otherwise lawfully disposed of may be disposed of for value to any person or may be dis- posed of for value without bids to the state or if the property is without commercial value it may be donated, destroyed or abandoned. Property deemed surplus by the city manager shall be sold at public auction after publication of notice not less than fifteen (15) days prior to sale. (Ord. No. 421, ~9 Vl-VlII, 6.13-88; Ord. No. 504, 9 1,6-10-91) Sees. 2-195-2-249. Reserved. ARTICLE VIT. EMERGENCY MANAGEMENT DIVISION 1. GENERALLY Sec. 2-250. Intent. (a) It is the intent of this article to provide the necessary organization, powers, and authority to enable the timely and effective use of all avail~ able city resources to prepare for, respond to, and recover from emergencies, natural and manmade, Supp. Nt,. 12 !i 2.253 likely to affect the security, safety or health of the City of Winter Springs and its residents, whether such events occur within or "without the corporate . limits of the city. (b) Nothing herein shall be intended to relieve city departments of their normally assigned du- ties, responsibilities and functions. (c) Nothing herein shall be construed as a del- egation of authority to abridge or diminish the legislative or administrative powers of the city commission. (Ord. No. 550, ~ I, 10-11-93) Sec. 2.251. Def'mitions. As used in this article: Emergency shall mean a condition which threatenS or adversely affects the public health, " safety or security and which is or threatens to be beyond the control of those public and private agencies normally responsible for t\1e. manage- ment of such a condition, resulting from an act or threatened act of war, riot, terrorism, mob or other act of violence; from a weather event such as flood, hurricane or tornado; from a disruption in the city's utility system; or from any other cause. Normal auerage retail price shall mean the price at retail for merchandise, goods, or services at which similar merchandise, goods, or services were being sold during the ninety-days immediately pre- ceding a declaration of public emergency. (Ord. No. 550, ~ I, 10-11-93) Sec. 2-252. Applicability of provisions. All, officers, employees, contractors, vendors, boards, commissions, authorities, and other agen- cies of the city are subject to the provisions of this article. (Ord. No. 550, 9 I, 10-11-93) Sec. 2-253. Emergency management struc. ture. (a) The city manager shall perform the func- tion of director of emergency management, and shall implement, manage, and report on all ac- tions authorized and taken under the provisions of this article. 143 fi 2-253 'f\~~;:( WINTER SPRINGS CODE (b) The city manager shall appoint a coordi. nator of emergency services whose duties shall include the on-going planning for and coordina. tion of those actions necessary to the creation and maintenance of an effective emergency response capability to prepare for and manage emergency conditions. (c) There shall be an emergency management coordinating committee composed of the depart- ment directors or their designated representative which shall be chaired by the coordinator of emer- gency services or his or her designated represen- tative. (Ord. No. 550, ~ I, 10-11-93) Sec_ 2-254. Powers, duties, and responsibili- ties. (a) The city manager, when acting as the di- rector of emergency management, shall have the following powers, duties and responsibilities: (1) To declare a state of emergency or to rec- ommend the declaration of a state of emer- gency by the city commission, and to in- form the city commission of the reasons for and status of events requiring the declara- tion; (2) To direct the creation, revision, and exer- cise of emergency response plans con- forming to state and county emergency plans for the mitigation of, preparation for, response to, and recovery from emergen- cies; (3) To direct the efforts of the emergency man- agement coordinating committee in the preparatiOn for, response to, and recovery from emetgency conditions; (4) To recommend a budget for the creation and maintenance of an emergency response ca- pability as provided herein; (5) To promulgate emergency regulations nec- essary to the protection of life and prop- erty, establishment of public order, and con- trol of adverse conditions affecting public welfare resulting from an emergency. Supp. No. 12 (b) The coordinator of emergency services shall have the following responsibilities and duties: (1) To supervise the development and mainte- nance of city emergency plans, including annual updates; (2) To chair the emergency management coor- dinating committee; (3) To plan for and develop an emergency op- erations control center to include equip- ment, manning, and operational procedures necessary to the management and control of emergency conditions; (4) To develop and manage the city's emer- gency awareness public information pro. gram. (c) The emergency management coordinating committee shall have the following responsibili. ties and duties: (1) To function as the emergency management agency during a declared emergency; (2) To assist in the creation, revision, and ex. ercise of emergency plans; (3) To advise the director of emergency man. agement of requirements for resources nec- essary to the creation, maintenance, and exercise of a capable, efficient emergency response capability. (Ord. No. 550, ~ I, 10-11-93) Sec. 2-255. "Declaration of a state of emer- gency. (a) The mayor, deputy mayor, city manager, in the order named, shall have the authority to de- clare a state of emergency by proclamation. Upon the absence or unavailability of the mayor, the deputy mayor may issue such a declaration, and upon the absence or unavailability of the mayor and the deputy mayor, the city manager may issue such a declaration. (b) Any declaration of a state of emergency and all emergency regulations activated under the pro- visions of this article shall be confirmed by the city commission by resolution within five (5) working days of such declaration or at the next regularly scheduled meeting of the city commis- 144 C' , ( I ~. ADMINISTRATION sion, whichever occurs flrst, unless the nature of the emergency renders a meeting of the city com- mission extremely impractical. Confirmation of the emergency declaration shall disclose the rea- sons for, anticipated impacts of, actions. proposed and taken to manage the emergency, and other pertinent data relating to the emergency requiring the declaration. (c) Emergency resolutions authorized by this are ticle shall include but are not limited to the fol. lowing subjects: Resolution Subject A Evacuation B Curfews; declaration of areas off limits C Suspension or regulation of sale of alcoholic beverages, flrearms, explo- sives or combustibles D Prohibiting the sale of merchandise, goods or services at more than the normal average retail price E Water use restrictions F Suspension of local building regu- lations G Rationing of fuel, ice and other es- sentials H Emergency procurement procedures (d) A declaration of a state of emergency shall activate the emergency plans applicable to the city_ (e) A state of emergency, when declared as pro- vided herein, shall continue in effect from day to day until declared to be terminated. (0 Upon the declaration of a state of emergency, the city manager shall post a written notice of such declaration upon the main bulletin board in the city hall, and shall notify by telephone not less than two (2) newspapers of general circula- tion within the city, at least three (3) television stations and at least three (3) radio stations broad- casting in Seminole County. When practicable, the city manager shall also cause the written no. tice to Ill' published, in its entirety, at least one (1), Supp.1".' I:! ~ 2-262 . day each week in a newspaper of general circula. tion in. the city until the state of emergency is declared to be terminated. (Ord. No. 550, ~ I, 10.11.93) Sec. 2.256. Termination of a state of emer. gency. A state of emergency shall be terminated upon the certification of the officer or agency requesting the declaration of the state of emergency that the conditions leading to or causing the emergency conditions no longer exist and that the city's agen. cies and departments are able to manage the sit. uation without extraordinary assistance. Notice of such termination shall be made to the public by the city manager by the same ~eans as the notice of the declaration of the state of emergency. (Ord. No. 550, ~ I, 10-11-93) Sees. 2.257-2.260. Reserved. DIVISION 2. CONDITIONS'OF EMERGENCY Sec. 2-261. Weather emergencies. (a) A public emergency may be declared be- cause of weather conditions when the National Weather Service or a state, county or local emer- gency management agency informs the city or the public that emergency conditions resulting from meterological conditions are present or are immi- nent. Meterological conditions covered by this sec- tion include but are not limited to hurricanes, floods, tornadoes, other severe weather conditions and the results therefrom. (Ord. No. 550, ~ I, 10-11-93) (b) Reserved. (Ord. No. 550, ~ I, 10-11-93) Sec. 2-262. Police emergencies. (a) A public emergency may be declared be- cause of utility conditions when the director of utilities certifies to the city manager that: (1) A condition exists or is imminent that en- dangers the safety, potability, quantity, availability, transmission, distribution, treatment, or storage of water through or within the city's water utility system; or 145 . . fi 2-262 vnNTERSpmNGSCODE (2) A condition exists or is imminent that en. dangers the safety", quality, quantity, avail. ability, transmission, distribution, or storage of gas through or within the city's gas utility system; and .", (3) Extraordinary actions to control and cor- rect the situation are required, including but not limited to emergency purchase; call-in of off-duty personnel; assistance by other communities and agencies; and other like actions. (b) Declaration of a public emergency because of utility conditions shall authorize the issuance of emergency resolutions A, B, E and H, as may be required. (Ord. No. 550, ~ 1,10-11-93) Sec. 2.263. Fire emergencies. (a) A public emergency may be declared. be- cause of fire when the rrre chief certifies to the city manager that an actual or potential condition arising from fire,' explosion, chemical spill, building or bridge collapse, or plane, train, or other vehicle accident requires extraordinary measures for control, including but not limited to calling out of off-duty and reserve personnel; evacuation; and other like actions. (b) Declaration of a public emergency because of fire shall authorize the issuance of emergency resolutions A, B, E and H, as may be required. (Ord. No. 550, ~ I, 10-11-93) Sec. 2-264. Suspension of local building reg- ulations. The city manager may authorize the suspen. sion of local bui~ding regulations during and fol- lowing a declar~d state of emergency when the building official certifies that such action is nec. essary to the expeditious restoration of property damaged by the emergency event. Such suspen- sion of building regulations may be applied on a case-by-case basis as required to remedy specific conditions and to facilitate the provision of emer- gency housing to disaster victims_ The building official shall specify the provisions of the building code to be suspended and the reasons therefore Supp" No. 12 when certifying the necessity of such suspension to the city manager. (Ord. No. 550, ~ I, 10-11.93) Sec. 2.265. Certification of emergency condi- tions. A certification of emergency conditions to the city manager may be verbal but each verbal cer- tification shall be conrrrmed in writing within twenty-four (24) hours following an emergency dec- laration. (Ord. No. 550, ~ I, 10-11-93) 146 [The next page is 1931 (" \ ( i ~ Ch. 102 ATTACHMENT "c" CONDUCTING ELECTIONS AND ASCERTAINING THE RESULTS 102.012 102.021 102.031 102.061 1 02.071 1 02.091 102.101 1 02.111 1 02.112 102.121 102.131 1 02.141 1 02.151 102.155 102.166 102.167 102.168 102.1682 102.1685 102.169 CHAPTER 102 CONDUCTING ELECTIONS AND ASCERTAINING THE RESULTS Inspectors and clerks to conduct elections. Compensation of inspectors, clerks, and deputy sheriffs. Maintenance of good order at polls; author- ities; persons allowed in polling rooms; unlawful solicitation of voters. Duties of election board; counting; closing polls. Tabulation of votes and proclamation of results where ballots are used. Duty of sheriff to watch for violations; appointment of special officers. Sheriff and other officers not allowed in polling place. Elections Canvassing Commission. Deadline for submission of county returns to the Department of State; penalties. Elections Canvassing Commission to issue certificates. Returns before canvassing commission. County canvassing board; duties. County canvassing board to issue certifi- cates; supervisor to give notice to Department of State. Certificate of election. Protest of election returns; procedure; venue. Form of protest of election returns. Contest of election. Judgment of ouster; revocation of commis- sion; judgment setting aside referendum. Venue. Quo warranto not abridged. 102.012 Inspectors and clerks to conduct elec- tions.- (1) The supervisor of elections of each county, at least 20 days prior to the holding of any election, shall appoint two election boards for each precinct in the county; however, the supervisor of elections may, in any election, appoint one election board if the supervi- sor has reason to believe that only one is necessary. Each election board shall be composed of three inspectors and a clerk. The clerk shall be in charge of, and responsible for, seeing that the election board car- ries out its duties and responsibilities. Each inspector and each clerk shall take and subscribe to an oath or affirmation, which shall be written or printed, to the effect that he or she will perform the duties of inspector or clerk of election, respectively, according to law and will endeavor to prevent all fraud, deceit, or abuse in conducting the election. The oath may be taken before an officer authorized to administer oaths or before any of the persons who are to act as inspectors, one of them to swear the others, and one of the others sworn thus, in turn, to administer the oath to the one who has not been sworn. The oaths shall be returned withJhe poll list and the returns of the election to the supervisor. In all questions that may arise before the members of J 'I j .1 .j an election board, the decision of a majority of them shall decide the question. The supervisor of elections of each county shall be responsible for the attendance and diligent performance of his or her duties by each clerk and inspector. (2) Each member of the election board shall be able to read and write the English language and shall be a registered qualified elector of the county in which the member is appointed or a person who has preregistered to vote, pursuant to s. 97.041 (1 )(b), in the county in which the member is appointed. No election board shall be composed solely of members of one political party; however, in any primary in which only one party has candidates appearing on the ballot, all clerks and inspectors may be of that party. Any person whose name appears as an opposed candidate for any office shall not be eligible to serve on an election board. (3) The supervisor shall furnish inspectors of elec- tion for each precinct with the registration books divided alphabetically as will best facilitate the holding of an election. The supervisor shall also furnish to the inspec- tors of election at the polling place at each precinct in the supervisor's' county a sufficient. number of forms and blanks for use on election day. (4) An election board shall conduct the voting, beginning and closing at the time set forth in s. 100.011. If more than one board has been appointed, the second board shall, upon the closing of the polls, come on duty and count the votes cast. In such case, the first board shall turn over to the second board all closed ballot boxes, registration books, and other rec- ords of the election at the time the boards change. The second board shall continue counting until the count is complete or until 7 a.m. the next morning, and, if the count is not completed at that time, the first board that conducted the election shall again report for duty and complete the count. The second board shall turn over to the first board all ballots counted, all ballots not counted, and all registration books and other records and shall advise the first board as to what has tran- spired in tabulating the results of the election. (5) In precincts in which there are more than 1,000 registered electors, the supervisor of elections shall appoint additional election boards necessary for the election. (6) In any precinct in which there are fewer than 300 registered electors, it is not necessary to appoint two election boards, but one such board will suffice. Such board shall be composed of at least one inspector and one clerk. (7) For any precinct using voting machines, there shall be one election board appointed, plus an addi- tional inspector for each machine in excess of one; however, the supervisor of elections may appoint a greater number of additional inspectors than required by this subsection. (8) The supervisor of elections shall conduct train- ing classes for inspectors, clerks, and deputy sheriffs prior to each first primary, general, and special election 70 CONDUCTING ELECTIONS AND ASCERTAINING THE RESULTS Ch. 102 for the purpose of instructing such persons in their duties and responsibilities as election officials. A certifi- cate may be issued by the supervisor of elections to each person completing such training. No person shall serve as an inspector, clerk, or deputy sheriff for an election unless such person has completed the training class as required. A person who has attended previous training classes conducted within 2 years of the elec- tion may be appointed by the supervisor to fill a vacancy on election day. If no person with prior training is available to fill such vacancy, the supervisor of elec- tions may fill such vacancy in accordance with the pro- visions of subsection (9) from among persons who have not received the training required by this section. (9) In the case of absence or refusal to act on the part of any inspector or clerk at any precinct on the day of an election, the supervisor shall appoint a replace- ment who meets the qualifications prescribed in sub- section (2). The inspector or clerk so appointed shall be a member of the same political party as the clerk or inspector whom he or she replaces. Hlatory.-s. 20, ell. 3879, 1689; RS 174; 8. 24. c:h. 4328, 1895; 8. 8, c:h, 4537, 1897; GS 205; RGS 249; 8. 1, c:h. 8587,1921; CGL305; s. 2, c:h. 17898, 1937; s. 2, c:h. 25384,1949; 8. 6, c:h. 26870, 1951; 8. 38, c:h. 28156,1953; 8. 25, ch. 29934, 1955; 8. 10, c:h. 57.166; 8. I, c:h. 63-53; 8.1, c:h. 65-416; s. I, c:h. 67.168; s. I, ch. 67-385; s. I, c:h. 73-151; 8. 25. c:h. n.175; 8. 43, c:h: 79-400; s. I, c:h. 60-264; s. SO. c:h. 81-259; s. 19, ell. 84.302; 8. 1, c:h. 89-46; 8. 596, c:h. 95-147; s. 22, c:h, 98-129. Nola.-Former s. 99.03. 102.021 Compensation of Inspectors, clerks, and deputy sheriffs.- (1 ) Each inspector and each clerk of any election and each deputy sheriff serving at a precinct shall be paid for his or her services by the supervisor of elec- tions, and each inspector who delivers the returns to the county seat shall receive such sums as the supervi- sor of elections shall determine. (2) Inspectors and clerks of election and deputy sheriffs serving at the precincts may receive compen- sation and travel expenses, as provided in s. 112.061, for attending the poll worker classes required by s. 102.012(8). HI8Iory.-s. 24, c:h. 4328, 1895; a. 8. c:h. 4537, 1897; GS 206; RGS 250; CGL 306; aa. 1,2, c:h. 20448,1941; s. 3, c:h. 25384,1949; a. 6. c:h. 26870,1951; s.5, c:h. 63-400; a. I, c:h. 65.129; a. 25, c:h. n.175; a. 5, c:h. 60-20; s. 597, ch. 95-147. Note.-Former s. 99.04. 102.031 Maintenance of good order at polls; authorities; persons allowed In polling rooms; unlaw- ful solicitation of voters.- (1) Each election board shall possess full authority to maintain order at the polls and enforce obedience to its lawful commands during an election and the can- vass of the votes. (2) The sheriff shall deputize a deputy sheriff for each precinct who shall be present during the time the polls are open and until the election is completed, who shall be subject to all lawful commands of the clerk or inspectors, and who shall maintain good order. The deputy may summon assistance from among bystand- ers to aid him or her when necessary to maintain peace and order at the polls. (3)(a) No person may enter any polling room or polling place where the polling place is also a polling room, during voting hours except the following: 1. Official poll watchers; 2. Inspectors; 3. Election clerks; 4. The supervisor of elections or his or her deputy; 5. Persons there to vote, persons in the care of a voter, or persons caring for such voter; 6. Law enforcement officers or emergency service personnel there with permission of the clerk or a major- ity of the inspectors; or 7. A person, whether or not a registered voter, who is assisting with or participating in a simulated election for minors, as approved by the supervisor of elections. (b) The restriction in this subsection does not apply where the polling room is in an area commonly tra- versed by the public in order to gain access to busi- nesses or homes or in an area traditionally utilized as a public area for discussion. (c) No person, political committee, committee of continuous existence, or other group or organization may solicit voters within 50 feet of the entrance to any polling place, or polling room where the polling place is also a polling room, on the day of any election. 1. Solicitation shall not be restricted if: a. Conducted from a separately marked area within the 50-foot zone so as not to disturb, hinder, impede, obstruct, or interfere with voter access to the polling place or polling room entrance; and b. The solicitation activities and subject matter are clearly and easily identifiable by the voters as an activ- ity in which they may voluntarily participate; or c. Conducted on property within the 50-foot zone which is a residence, established business, private property, sidewalk, park, or property traditionally uti- lized as a public area for discussion. 2. Solicitation shall not be permitted within the 50- foot zone on a public sidewalk or other similar means of access to the polling room if it is clearly identifiable to the poll workers that the solicitation is impeding, obstructing, or interfering with voter access to the poll- ing'room or polling place. (d) For the purpose of this subsection, the term "so- licit" shall include, but not be limited to, seeking or attempting to seek any vote, fact, opinion, or contribu- tion; distributing or attempting to distribute any political or campaign material, leaflet, or handout; conducting a poll; seeking or attempting to seek a signature on any petition; and selling or attempting to sell any item. (e) Each supervisor of elections shall inform the clerk of each precinct of the area within which soliciting is unlawful, based on the particular characteristics of that polling place. The supervisor or the clerk may take any reasonable action necessary to ensure order at the polling places which shall include: 1. Designating a specific area for soliciting pursu- ant to paragraph (c) of this subsection, or 2. Having disruptive and unruly persons removed by law enforcement officers from the polling room or place or from the 50-foot zone surrounding the polling place. Hlatory.-s. 58, c:h. 4328, 1895; GS 237; RGS 282; CGL 338; s. 6, c:h. 26870, 1951; a. I, ell. 59-212; a. 25, c:h. 77.175; a. 2, c:h. 85-205; a, 4. c:h. 87.184; a. IS, c:h. 87-363; s. 29, c:h. 89-338; s. 2, c:h. 92.134; a, 598, c:h. 95.147. Nole.-formef a. 99.38. I I~ I! 102,061 Duties of election board; counting; clos- ing poll~.- 71