HomeMy WebLinkAbout2000 08 14 Informational C Upcoming City Election
COMMISSION AGENDA
ITEM C
Consent
Informational X
Public Hearing
Regular
August 14,2000
Meeting
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M:' I " ept.
Authorization
REQUEST:
The 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, including the submittal of updated versions
of forms, that will become part of the City's Qualifying Packet.
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, including the submittal of updated versions of forms, that will
become part ofthe City's Qualifying Packet.
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 7, 2000
[as outlined in the Charter, Section 4.03. and Section 8.01.].
CITY OF WINTER SPRINGS
CITY COMMISSION
AUGUST 14,2000
INFORMA T10NAL AGENDA ITEM "C"
PAGE 2 of 3
"All commissioners and the mayor shall be limited to three (3) terms, to
be served consecutively" [per the Charter, Section 4.03.(d)].
The term of office will expire for the following seats:
.
City Commission Seat One (currently held by the Honorable
Robert S. Miller)
.
City Commission Seat Three (currently held by the Honorable
Edward Martinez, Jr.)
.
City Commission Seat Five (currently held by the Honorable
David W. McLeod)
"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].
If a 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 21,2000.
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 ("Sandy") Goard, the
Supervisor of Elections for Seminole County, on Monday, September 18,
2000.
CITY OF WINTER SPRINGS
CITY COMMISSION
. AUGUST 14,2000
INFORMA T10NAL AGENDA ITEM "C"
PAGE 3 of 3
As requested, attached for the review of the Commission, are most of the
forms generated by the City of Winter Springs, which will become part of
the Qualifying packets. (See Attachment "C"). The forms have been
submitted to City Attorney Anthony A. Garganese, for his review, and the
appropriate revisions have been made.
The Supervisor of Elections, Ms. Goard and her staff will be taking care of
most details, as they pertain to this election; and as our election is being
held in conjunction with the County Election, there will not be a need to
have a City Canvassing Board.
FUNDING:
No additional funding is required..
ATTACHMENTS:
A. The Charter of the City of Winter Springs
B. Chapter 2 (Administration) from the City of Winter Springs' Code
of Ordinances
C. Forms generated by the City of Winter Springs that will become
part ofthe Qualifying packets, including:
· Affidavit Of Residency - City
· Affidavit Of Residency - District
· Application For Office
· Documents Required To Qualify
· General Information (2 pages)
· Loyalty Oath
· Notice Of Testing Of Tabulating Equipment
· Oath of Candidate
· Petition
· Signature Page
COMMISSION ACTION:
ATTACHMENT
"A"
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P ART I
CHARTER'"
Art. I. Corporate Name, ~ 1.01
Art. II. Territorial Boundaries, n 2.01-2.03
Art. Ill. Powers oUbe City, ~ 3.01
Art. IV. Mayor ~nd City Commission, H 4.01-4.16
Art. V. City Manager, n 5.01-5.04
Art. VI. Administrative Departments, ~~ 6.01, 6.02
Art. vn. Financial Procedure, n 7.01-7.06
Art. VIII. Nominations and Elections, n 8.01-8.03
Art. IX. Initiative and Referendum, n 9.01-9.07
Art. X. Amendments, ~ 10.01
Art. XI. Severability, ~ 11.01
Art. XII. Powers, ~ 12.01
Art. XIII. Transitional Provisions, n 13.01-13.05
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*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 catchlines 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.
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CHARTER
ARTICLE I. 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 Ih of Lot
95, Lots 99 to 107 inclusive, the east If.:. 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 of Tuscawilla; thence
northwesterly along the west side of said road
to the southeast corner of Lot 36, Block D; thence
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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 1f4 of the southwest If.:. of the .south-
west If.:. 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 etA": 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 U.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
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WINTER SPRINGS CODE
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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, accosding 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 I, 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
4044' 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 175-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
A venue; 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
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CHARTER
distance of 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 Section 8; run thence
south ooo01.43~ eastalang said east line af the
afaresaid Sectian 8; run thence south 00001'43"
east alang said east line .af Sectian 8, 330.14
feet to the nartheast carner af Sectian 17, Tawn-
ship 21 South, Range 31 East; run thence alang
the east line afsaid Sectian 17 south 00016'14"
west 1,341.14 feet; thence leaving said eastsec-
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 narth 890.03'43" west 1,415.02
fEel; run thence narth 000.14'26" west 687.66
feel; run thence narth 85014'OO~ west 602.10
feet; run thence sauth 87051'00~ west 1,083.26
feet; run thence sauth 000 U5'09" east 2,167.87
feet; run thence narth 84048'16" west 2,404.62
feet to. the paint af beginning; less that partian
of Winter Springs as recarded in Plat Baak 15,
Pages 81 and 82 af the Public Recards af Semi-
nale Caunty, Flariqa; also. less, begin at the
sautheast carner af Gardena Farms as recarded
in Plat Boak 6, Pages 23 and 24 af said Semi-
nale Caunty, Flarida; run thence narth 050.09'50"
east 33.00 feet; run thence narth 85000'00" west
parallel with the sautherly line af said Gardena
Farms, 4,502.35 feet, to. a paint af beginning;
run thence further narth 85000'00" west 627.31
feet; thence run narth 05000'00" east 225.00
feet; thence run narth 840.09'48" east 175.44
feet; thence run sauth 850.00'00" east 455.00
feet; thence run sauth 050.00'00" west 257.98
feet to. the paint afbeginning; also. less, begin at
the sautheast corner af Gardena Farms as re-
carded in Plat Baak 6, Pages 23 and 24 af the
Public Recards af Seminale Caunty, Flarida; run
thenc,e narth 05009'50" east alang the east line
of said Gardena Farms 7,160.06 feet to a paint
an the nartherly right.af-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 sautherly right-
af-way line of a Flarida Pawer and Light ease-
ment as recarded in D.B. 193, Page 276, af said
Seminale Caunty; run thence sauth 1,098.64
Supp. No.6
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feet; run thence north 85010'12" west 772.70
feet.ta the paint afbeginning; run thence narth
040.49'48" east 300.00 feet; run thence narth
850.10'12" west 675.80 feet to the easterly right-
af-way line of the Tuscawilla-Gabriella Raad;
run thence sauth 23.0.20'07." west, along said
easterly right-ofcway line 316.35 feet; thence
leaving said easterly right-of-way line run south
85010"12" east 776.20. feet to. the paint af be-
gj.nning', cantaining 2,890~9140:i: acres. And' also
less, the sauth 33\ feet af the aforesaid Gardena
Farms Subdivision, and also less. that part lying
within existing Narth Orlanda city limits, and
begin at the nartheast carner af Lot 6, Gardena
Farms as recarded in Plat Book 6, Pages 23 and
24, Public Recards af Seminale Caunty, Flari-
da; run thence westerly along the narth line af
Lats 6 through 11 a distance of3,851.40 feet to.
the narthwest carner af Lat 11 of 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 fe~t narth
and 198 feet east af the narthwest corner af
Sectian 13, Tawnship 21 Sauth, Range 30 East;
thence run sautherly 1,309.8 feet to. a paint 198
feet east of said northwest corner of Sectian 13,
Tawnship 21 Sauth, Range 30 East; thence run
easterly 906.5 feet; thence 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 Tuscawilla-Gabriella
Raad to. the paint af beginning, and also. Lats 1
and 2, Black A, D. R. Mitchell's Survey af the
Levy Grant, Plat Book 1, Page 5, Seminale Caunty
Public Recards, less all that part previously
lying within the city limits af the Village of
Narth Orlanda, and also.; Begin at the intersec-
tian af State Raad 15 and 600 (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 narth, having a radius af 2,864.93 feet, a
central angle af 5030'30"; thence run nartheast-
erly alang said curve an arc length af 275.42
feet to. the P.T. af said curve; thence run narth
85027'00" east 3,709.58 feet to. the P.C. af a
curve cancave narthwesterly having a radius af
1,273.57 feet, a central angle af 18058'00"; thence
run nartheasterly alang said curve an arc length
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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.]
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 conti~ous, 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.
fOrd. No. 494, ~ 1,8-13-90)
Note-See the editor's note following ~ 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 (1) 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 be 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 report containing a recom-
mended plan for establishment or adjustment of
the commission district boundaries. The initial dis-
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CHARTER
tricting commission, creating and establishing the
first commission districts, shall rue such report
within ninety (90) days of appointment. There-
after, such reports shall be rued 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 formed 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.
(f) Failure to enact ordinance. The city commis.
sion shall adopt the redistricting ordinance at least
one ~undred twenty (120) days before the next
city e1ection. 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
!l4.03
(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, 9 1, 8-13-90) .
Editor's note-Ord. No. 494, !l 1. adopted .Aug. 13, 1990,
provided for the amendment of Char. !l!l 4.01 and 4.02 to read
as herein set 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 pnsitions 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, 9 HExh. A), 9-13-93)
Editor's note-Section I of Ord. No. 548, adopted Sep. 13,
1993, provided for the amendment of!l 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.
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Section 4.04. Compensation; expenses.
The city commission may determine 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
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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
by law.
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.
Ii 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 prohibition 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.
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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, ~ I, 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 practicable, 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. V oti ng, 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 affmna-
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 ordinances 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
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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.
1
The commission may remove the city manager
by motion of the city commission requiring four
"'-.
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(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 righf 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
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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
DEPARTMENTS
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. \\ 218.032.
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(dl, 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,
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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.
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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 fonowed 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) Affidav~t of circulator. Each paper of a peti-
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-
ber 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 tuing.
(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 pro~ptly
send a copy of the certificate to the petitia'uers'
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 insufficient 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.
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CHARTER
(c) Court reuiew; new petitioTL A final determi-
nation as to the sufficiency of a petition shall be
subject to court review. A determination ofinsuf-
ficiency, even if sustained upon court review, shall
not prejudice the filing of a new petition for the
same purpose.
Section 9.05. Referendum petitions; suspen-
sion of effect of ordinance.
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 final determination of sufficiency
of the petition; or
(2) The petitioners' committee withdraws the
petition; or
(3) The commission repeals the ordinance; or
(4) The supervisor of elections shall certify that
the vote of the electorate failed to repeal
the ordinance reconsidered.
Section 9.06. Action on petition.
(a) Action by commission. When an initiative
or referendum petition has been finally determined
sufficient, the commission shall properly consider
the proposed initiative ordinance in the manner
provided in Article IV or reconsider the referred
ordinance by voting its repeal. If the commission
fails to adopt a proposed initiative ordinance with-
out any change in substance within sixty (60)
days or fails to repeal the referred ordinance within
thirty (30) days of the date the ordinance was
finally determined sufficient, it shall submit the
proposed referred ordinance to the voters of the
city.
(b) Submission to uoters. The vote of the city on
a propo~ed or referred ordinance shall be held not
less than thirty (30) days and not later than one
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 provide for a special election; oth-
erwise, the vote 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 earlier date within the prescribed peri-
od. Copies of the proposed or referred ordinance
shall be made available at the polls.
(c) Withdrawal Qf p.etiti.o.n... An initiative or ref-
erendum petition I1!ta;'l be: withw:aw.l!l~ at. an, time
prior te: the fift.eenth day preceedinR the~ day,. sched-
uled for a vote of the city. by fil.inK 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 force or effect and all proceedings
thereon shall be terminated.
Section 9.07. Results of election.
(a) Initiatiue. If a majority of the qualified vot-
ers voting on a proposed initiative ordinance vote
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 adopted by the com-
mission. If conflicting ordinances are approved at
the same election the one receiving the greatest
number of affirmative votes shall prevail to the
extent of such conflict.
(b) Referendum If a majority of the qualified
electors voting on a refelTed ordinance vote against
it, it shall be considered repealed upon certifica-
tion of the election results.
ARTICLE X. AMENDMENTS
Section 10.01. lAmendments.}
Amendments to this Charter may be proposed
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
of 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 provisions to any person or circum-
13
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WINTER SPRINGS CODE
c)
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 referendum; 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 65J
\.
14
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, ~!l2-41-2.80
Div. 1. Generally,!l~ 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, ~!l 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-Owned Personal Property, ll~ 2-191-2-249
Art. VII. Emergency Management. ~~ 2-250-2-265 .
Div. 1. Generally, llll 2-250-2-260
Div. 2. Conditions of Emergency, ~ll2-261-2-265
.Editor's note-The city commission has by various ordinances chosen not to have certain county ordinances in effect within
the city. These ordinances are on file in the city clerk's office.
Cross references-Alcoholic beverages, Ch. 3; city forestry office established, !l 5-2; fire department, !l 7-26 ct seq.; uniform
street numbering system, ~ 9-370 cl seq.; licenses and business regulations, Ch. 10; nuisances, Ch. 13; personnel, Ch. 14; taxation,
Ch. 18; ulilities, Ch. 19.
State law reference-Municipal home rule powers aCl, F.S. ch. 166.
Supp. N" 1.2
129
J
ADMINISTRATION
~ 2-57
ARTICLE I. 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.
9 705.101 et seq.
(Code 1974, 9 9-8)
Cross reference-Abandonment of motor vehicle prohib-
ited, ~ 12-53.
State law reference-Seized, abandoned, wrecked or der-
elict property, F.S. ~ 705.101 et seq.
Sees. 2-2-2-25. Reserved.
ARTICLE II. 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. 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, S 2-3)
Cross reference-Elections, !i 2-81 et seq.
Sees. 2-27-2.40. Reserved.
ARTICLE III. BOARDS, COMMITI'EES,
- COMMISSIONS.
DIVISION 1. GENERALLY
Sec. 2-41. Fee paid to appointed board_memo
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 adjust.
ment, !i 20.76 cl seq.
Stipp. 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, 99 1, 2, 1-24-94)
Editor's note-Ordinance No. 651, adopted Jan. 24, 1994,
did not specifically amend this Code; hence, codification of ~~
1 and 2 of said ordinance as ~ 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, 9 2-51)
Sec. 2-57. Membership; appointmellt; 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; nood 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, Ch. 17;
utilities, Ch. 19; zoning, Ch. 20.
State law reference-({ode enforcement boards, F.S. Ch_
162.
1:Editor's note-For classification purposes, ~~ 2-56-2.65
have been categorized as Subdiv. A, Board. See editor's note at
Subdiv. 13. !i!i 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 declare
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 such 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; com.
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 serve 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 de-
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 the 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 effec-
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 irrepart\ble
or irreversible in nt\tui'e, the code ins~tor 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).
c-.
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 three (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
ADMINlSTRATION
~ 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 necessary to
bring a Violation into compliance; and
(6) Assess fmes 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 reo
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. 9162.10.
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, 9 2-58)
State law reference-Similar provisions, F.S. 9162.11.
(
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. "" l~
~ 2-65
sp~~r or other pe~son designated by the city com-
mlssiOn or by leaVlng 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
with four (4) publications being sufficient'
in a newspaper of general circulation in th~
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. 99 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 least 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. !l162.12.
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. 'l'he
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 ccide 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 of Ord. 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. llll 2.66-2.
69.8, at lhe editor's discretion.
Supp. No. 12
or any state-supported retirement system estab.
lished by general law.
(Ord. No. 547, ~ I(~ 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, ~ l(~ 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
c
(
'"
c ADMINISTRATION ~ 2-69.4
(15) years of age and info~ng such person of the Section Title Class
contents of the. warning-notice or citation or by 16-57 C. Snipes I
registered Or certified mail, return receipt re-
quested. 16-56(b) D. R.O.W. I
16-53 E. Erected signs I
Whenever an alleged violator is required to do 16-83 F. Garage sale I
some act within a prescribed period after a Motor Vehicle Violations
warning notice Or citation is delivered by mail,
three (3) days shall be added to the prescribed 12-66 For sale/repairs on
period. R.O.W. I
(Ord. No. 547, ~ I(~ 2-66e), 11-22-93)
20-431 A.RV I
Sec. 2-69.3. Violation classification and civil 20-411 B. Boat and trailer I
penalty. 20-411 C. Camper I
20-411 D. Work trailers I
(a) Violations of city codes or ordinances and 12-67 E. Parking between
the applicable civil penalties shall be classified as lines I
follows: ." 12-53 F. Abandon on
Vr.olation Classification Civil Penalty R.O.W. I
12-65 G. Parking/standing
Class I $ 50.00 street I
Class II 100.00 20- H. Prohibited vehi-
Class III 200.00 431(1)a-h cles I
Class IV 300.00 20-433 I. Disabled vehicles I
City codes and ordinances subsequently enacted 13-2(b) Outdoor storage I
or amended may set forth the applicable civil pen- 13-2(b) A. Trash I
alty for violations by designating the appropriate 13-2(b) B. Junk and debris I
violation classification. 13-2(b) C. Equipment strewn
(b) Each violation of a city code or ordinance in around yard I
the schedule of violations IP subsection (a) herein 13-2(d) Stagnant pool
is a separate civil infraction. Each day such vio- 13-2(b) Tree trimmings and
lation shall continue shall be deemed to consti- yard trash I
tute a separate civil infraction.
(c) Court costs in the amount of ten dollars 13-2(c) Unsafe/unsanitary
($10.00) per citation collected shall be retained by 9-374 House and building
the clerk of circuit court. The civil penalties set numbers I
forth above include said court costs. 13-26 Loud party I
(Ord. No. 547, S l(s 2-660, 11-22-93)
13-33 Loud music I
Sec.!l-69.4. Schedule of violations. 13-34 Animal and bird
(a) Violation of the following city codes or ordi- noises I
nances is a civil infraction for which a citation 10-137 No .garage sale
may be issued: permit I
SectioTl Title Class 16-27(b) Illegal handbills I
16-57 Illegal signs_ I 16-25 Handbills on autos I
9-349 A. Handicap I 16-27(b) Cast periodicals I
16-5. B. Ads 1
Supp :".. 12
135
fi 2~9.4
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
5-3
7-1
7-1
493
6-217
Supp. No. 12
WINTER SPRINGS CODE .
C...
Title
Littering R.O.W.
Littering private
property
Open burning
Obstruction of hy-
drants
Class
I
Section
Title
Class
9-349(a),
(b), (c)
6-165
III
Site plan violation
Building mainte-
nance to code
I
I
III
I
Additional offenses to
class I, II, and III IV
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-
catmg or urinating I
D. Over two (2) cats
or two (2) dogs I
E. Loose animals I
F. All other animal
violations I
Hazards (obstruc-
tions) R.O.W. I
Fireworks and explo-
Sl ves I
Violation 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, ~ l(~ 2-66g), 11-22-93)
Sec. 2-69.5. Procedures to payor contest ci-
tations.
(
(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.
All second offenses of
class I II
No building permit II
No occupationalli-
cense II
(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.
No arbor permit II
Spreading flre II
Failure to notify flre II
No meter backflow II
All second offenses ot
class II III
Third offenses of
class I III
No pool enclosure III
(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
ADMINISTRATION
(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 the person for
an amount up to the maximum civil penalty not
to exceed five hundred dollars ($500.00).
(e) Any person who willfully refuses to sign or
accept a citation issued by a code enforcement of.
ficer or refuses to provide the information re-
quired in the citation shall be in 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(~ 2-66h), 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.
(9) The applicable civil penalty if the person
elects to contest the citation.
(10) A conspicuous 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.. I ~
~ 2-70
tered against the person for an amount up
to the maximum civil penalty.
(Ord. No. 547, ~ l(~ 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 department fIle.
(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, g l(g 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, S l(s 2-66k), 11-22-93)
DIVISION 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, g I, 7-11-88)
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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 com-
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, S 2, 7-11-88)
Sec. 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)
Secs. 2-74-2-75. Reserved.
DIVISION 4. BEAUTIFICATION BOARD*
Sec. 2-76. Created.
There is herel;1y created "The Beautification of
Winter Springs Board" (hereinafter referred to as
"BOWS").
(Ord. No. 459, S 1, 5-22-89)
.Editor's note-Ord. 459, ~ I, adopted May 22, 1989, did
not specify manner of codification; hence, inclusion herein as
Div. 4, ~!i 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 and
other public places, Ch. 17; zoning, Ch. 20.
Supp. No. 12
Sec. 2-77. Composition; appointment of memo
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, S 2, 5-22-89)
Sec. 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 mem-
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 Winter 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
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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, ~ 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, S 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 :y.rith 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, ~ 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, ~ 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, S 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, ~ 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,
S 4.03; nominations and elections, !i 8.01 et seq.
Cross reference-City commission, !i 2-26 et seq.
139
!l 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, ~ 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 responsibilities
of the election board shall 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, ~ 2-32)
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, ~ 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 com mis- .
sioner or mayor 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, ~ 2-34; Ord. No. 494, S 2, 8-13-90)
Editor's note-Provisions of Ord. No. 494, S 2, adopted
Aug. 13, 1990, amended S 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 Springs, 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
Laws of Florida as set out in Florida Statutes,
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Chapters 97 and 98. All voters residing within
the municipal limits of the city and registered 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. 9 166.032.
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 runoff 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
9 2.116
bulletin board in the city hall. Such certificate
shall be recorded in the minutes of any meeting of
the city commission held immediately following
the filing 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. 9 100.201 et
seq.
Sec. 2.95. Additional duties of city clerk.
The city clerk is authorized and directed to have
prepared such forms 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, ~ 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.8. ch. 171.
141
~ 2-11 7
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 oftime 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;
W'aiver.
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. Nothi~g 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, !l 4.12; finan.
cial procedures generally, ~ 7.01 et seq.
Cross references-Licenses and business regulations, !l
10-1 et seq.; taxation, !l 18-1 et seq.
State law references-Municipal finance and taxation, F.S.
!l 166.201 et seq.; budget adoption. F.S. !l 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 speci-
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, S 2-24)
Sees. 2-154-2.190. Reserved.
DMSION 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 ex-
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, S 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.
(Ord. No. 421, ~S II-IV, 6-13-88)
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~ 2-253
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 not 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, ~~ VI-VIII, 6-13-88; Ord. No. 504,
~ I, 6-10-91)
Sees. 2-195-2-249. Reserved.
ARTICLE VII. EMERGENCY
MANAGEMENT
DIVlSION 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. N(1. 12
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. Definitions.
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 average 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, ~ I, 10-11-93)
Sec. 2-253. Emergency mnnagement 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
~ 2.253
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:
(l) 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 emeigency 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, 9 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-
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sion, whichever occurs first, 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 ar-
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, frrearms, explo-
sives or combustibles
D
Prohibiting the sale of merchandise,
goods or services at more than the
normal average retail price
E \Vater 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.
(() 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 cit:-. manager shall also cause the written no-
tice to he published, in its entirety, at least one (1)
Supp. :-;., I:.!
!l2-262
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 means 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,
Ooods, tornadoes, other severe weather conditions
and the results therefrom.
(Ord. No. 550, S I, 10-11-93)
(b) Reserved.
(Ord. No. 550, S I, 10-11-93)
Sec. 2.262. Police emergencies.
(al 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
!l 2-262
WINTER SPRINGS CODE
(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 resblutions 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 fire 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 building 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 confirmed 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
ATTACHMENT
"C"
CITY OF WINTER SPRINGS
AFFIDAVIT OF RESIDENCY - CITY
CITY COMMISSION SEAT ONE(I) THREE(3) FIVE (5)
Circle Seal Which Applies To Candidacy
"Each candidate seeking the office of city commissioner or mayor or any other elective office of the city
shall have resided in the city one (1) year prior to the time of qualifying. " [2-87. Code of Ordinances,
City of Winter Springs]
I,
do hereby state that I seek nomination to the City of Winter
Name of Candidate (please Print or Type)
Springs "City Commission Seat One (I) Three (3) Five (5)," three (3) year term, in the election to
Circle Seal Which Applies To Candidacy
be held in the City of Winter Springs, Florida, on November 7,2000. I, further state that:
(1) My legal place of residence is:
(2) Length of time of residence in Winter Springs:
the City of
(3) I am attaching the following document as verification of my length of resi
Winter Springs:
Signature of Candidate
Street Address
City
State
Zip Code
ST. OF FLORIDA
COUNTY OF
Sworn to (or affirmed) and subscribed, under penalties of perjury, before me this
_ day of
,20_, by
(Print Name of Person Making Statement)
Notary Public - State of Florida
Signature of Notary Public
(SEAL)
Print Name of Notary Public
Produced OR
Identification
Type of Identification Produced
Personally
Known
********************************************************
FOR OFFICE USE ONLY
D
Documentation Provided For Item (2) and (3).
CITY OF WINTER SPRINGS
AFFIDAVIT OF RESIDENCY - DISTRICT
CITY COMMISSION SEAT ONE(l) THREE (3) FIVE (5)
Circle Seat Which Applies To Candidacy
"Each candidate seeking the office of city commissioner shall be a resident of a designated commission
commission district as established by ordinance and shall have resided in the designated commission
district six (6) months prior to the time of qualifying." [2-87. Code of Ordinances, City of Winter
Springs]
I,
do hereby state that I seek nomination to the City of Winter
Name of Candidate (Please Print or Type)
Springs "City Commission Seat One (1) Three (3) Five (5)," three (3) year term, in the election to
Circle Seat Which Applies To Candidacy
be held in the City of Winter Springs, Florida, on November 7, 2000. I, further state that:
(I) My legal place of residence is:
(2)
(3)
Length of time of residence in District
of Winter Springs:
I am attaching the following document as verification of my
City of Winter Springs:
of the
Signature of Candidate
Street Address
City
State
Zip Code
STATE OF FLORIDA
COUNTY OF
Sworn to (or affirmed) and subscribed, under penalties of perjury, before me this
_ day of
,20_, by
(Print Name of Person Making Statement)
Notary Public - State of Florida
Signature of Notary Public
(SEAL)
Print Name of Notary Public
Produced
Identification
Type of Identification Produced
OR
Personally
Known
* *** ** * ** * ** **** ** ** ** *** * ** ** * ** ** ** ** ** * * ** * * * * ** * * * * *
FOR OFfICE USE ONLY
D
Documentation Provided For Item (2) and (3).
CITY OF WINTER SPRINGS
APPLICATION FOR OFFICE
CITY COMMISSION SEAT ONE(1) THREE(3) FIVE(5)
Circle Seat Which Applies To Candidacy
"All candidates for office in municipal elections shall be registered 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
the office for which he/she is a candidate and pay the qualifying fee provided for in section 2-88. Such
application shall be fLIed and the qualifying fee paid between the first day of September and the
fifteenth day of September, during which the office shall be open for qualifying for election."
[2-87. Code of Ordinances, City of Winter Springs]
"All candidates for city commission and mayor, qualifying as provided 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 general fund of the city". [2-88. Code of Ordinances, City of Winter
Springs]
ity Co
1) Three (3) Five (5),"
Circle Seat Which Applies To Candidacy
I,
do hereby state t I am a reg er d and qualified elector of the
a three (
Name of Candidate (Please Print or Type)
ity of Winter Springs, Florida, on November 7, 2000.
I further
owing qualifying fee:
QUALIFYING FEE: $150.00
********************************************************
FOR OFFICE USE ONLY
D
Campaign Account Check For $150.00 Attached
CITY OF WINTER SPRINGS
2000 ELECTION
DOCUMENTS REQUIRED TO QUALIFY
CITY COMMISSION SEAT ONE(l) THREE(3) FIVE(5)
Circle Seal Which Applies To Candidacy
NAME OF CANDIDATE:
(Please Print or Type)
THE FOLLOWING FORMS AND DOCUMENTS (AS IDENTIFIED ON THIS PAGE) MUST BE
RETURNED TO THE CITY CLERK, NO LATER THAN 5:00 P.M., ON FRIDAY,
SEPTEMBER 15, 2000, IN ORDER TO QUALIFY FOR THE 2000 MUNICIPAL ELECTION.
ITEM
"APPOINTMENT OF CAMPAIGN TREASURER AND
DESIGNATION OF CAMPAIGN DEPOSITORY FOR
CANDIDATES" FORM
COMMENTS
REFERENCE: FS 106.021 (1)
"STATEMENT OF CANDIDATE':
REF
'E: FS 106.023
"AFFIDAVIT OF RESIDENCY - CITY"
CE: CWS 2-87.
'E: CWS 2-87.
REFERENCE: FS 99.061 (4)
REFERENCE: FS 876.05 (1) AND
FS 876.07
"NOTICE OF TESTING OF TABULATING EQUIPMENT"
REFERENCE: FS 101.35 (2) AND
FS 101.5612
"OATH OF CANDIDATE"
REFERENCE: FS 99.021
"PETITION" WITH 15 (VERIFIABLE) SIGNATURES
$150.00 CITY OF WINTER SPRINGS QUALIFYING FEE
(ORA WN FROM YOUR CAMPAIGN ACCOUNT)
REFERENCE: CWS 2-87.
REFERENCE: CWS 2-88.
1 % ELECTION ASSESSMENT
(DRAWN FROM YOUR CAMPAIGN ACCOUNT)
REFERENCE: FS 99.093
MAYOR: $84.00
COMMISSIONER: $72.00
Name of Candidate (Please Print or Type)
Signature of Candidate
DATE OF ELECTION:
MUNICIPAL ELECTION 1999:
TERM OF OFFICE:
TYPE OF ELECTION:
ELECTORATE:
QUALIFYING PERIOD:
CITY OF WINTER SPRINGS
2000 ELECTION
GENERAL INFORMATION
TO
D
D
D
D
D
D
D
D
D
D
D
Tuesday, November 7, 2000
7:00 a.m.- 7:00 p.m.
For The Purpose Of Electing:
Commissioner SeatlDistrict One (1)
Commissioner SeatlDistrict Three (3)
Commissioner SeatlDistrict Five (5)
Three Year Term
Non-Partisan General Municipal Election
Registered Voters Of The City
. ter Springs
l, 2000, 8:00 A.M.
15,2000,5:00 P.M.
., Monday - Friday
"Appointment Of Campaign Treasurer And Designation Of
Campaign Depository"
"Statement Of Candidate"
"Affidavit Of Residency - City"
"Affidavit Of Residency - "District"
"Application For Office"
"Form 1"
"Loyalty Oath"
"Notice Of Testing Of Tabulating Equipment"
"Oath Of Candidate"
"Petition"
$150.00 City Of Winter Springs Qualifying Fee (Drawn
From Your Campaign Account)
1 % Election Assessment Of Desired Office (Drawn
From Your Campaign Account)
CITY OF WINTER SPRINGS
2000 ELECTION
GENERAL INFORMATION
QUALIFYING FEE:
QUALIFYING OFFICER:
PETITION:
ELECTION ASSESSMENT:
FS 99.093
REPOR CHEDULE:
(AFTER QUALIFYING, THE
FOLLOWING REPORTS ARE
DUE):
FS 106.07
PENALTIES:
FS 106.07
POLITICAL SIGNS:
Page 2 of2
$150.00
City Of Winter Springs City Clerk
The City Of Winter Springs Requires That A Petition Be
Completed With 15 Names And Signatures of Registered Voters,
Which Will Need To Be Verified
An Election Assessment Is To Be Paid From A Candidate's
Campaign Account, (Made Payable To The City Of Winter
Springs), Equal To 1 % Of The Annual Reimbursement Of
The Office Being Sought:
The Mayor Receives:
$700.0 x 12 mo s =
The 0 ssessm t Would Be
700.00 per month
$8,400.00 annually
84.00
celves:
$600.00 per month
$7,200.00 annually
$72.00
x 12 months =
The 1 % Assessment Would Be:
October 20, 2000
(For The Period From 7/1/00
Through October 13,2000)
November 3,2000
(For The Period From October 14,2000
Through November 2, 2000)
Candidates That Fail To File A Report On A Due Date, Shall Be
Assessed Fines By The Qualifying Officer.
An Excerpt From The City Of Winter Springs Code Of
Ordiances Has Been Provided In Your Package.
CITY OF WINTER SPRINGS
LOYALTY OATH
CITY COMMISSION SEAT ONE(I) THREE(3) FIVE(5)
Circle Seat Which Applies To Candidacy
"All persons who now or hereafter are employed by or who now or hereafter are on the payroll of the
state, or any of its departments and agencies, subdivisions, counties, cities, school boards and
districts of the free public school system of the state or counties, or institutions of higher learning and
all candidates for public office, are required to take an oath before any person duly authorized to
take acknowledgements of instruments for public record in the state."
[876.05 (1) Florida Statutes]
"Any person seeking to qnalify for public office who fails or refuses to file the oath required by
this act shall be held to have failed to qualify as a candidate for public office, and the name of
such person shall not be printed on the ballot as a qualified candidate." [876.07 Florida Statutes]
I,
, a citizen of the State 0
. da and of the United States
of America, and a candidate for public office, do hereb
I will support the
Constitution of the United States an
Signature of Candidate
Street Address
City
Stale
Zip Code
STATE OF FLORIDA
COUNTY OF
Sworn to (or affirmed) and subscribed, under penalties ofpetjury, before me this
_ day of
, 20-, by
(Print Name of Person Making Statement)
Notary Public - State of Florida
Signature of Notary Public
(SEAL)
Print Name of Notary Public
Produced OR
Identification
Type of Identification Produced
Personally
Known
CITY OF WINTER SPRINGS
NOTICE OF TESTING OF TABULATING EQUIPMENT
CITY COMMISSION SEAT ONE(l) THREE(3) FIVE(5)
Circle Seat Which Applies To Candidacy
"On any day not more than ten days prior to the election day, the supervisor of elections shall have the
automatic tabulating equipment tested to ascertain that the equipment will correctly count the the votes
cast for all offices and on aU measures. Public notice of the time and place of the test shall be given at
least 48 hours prior thereto by publication once one or more newspapers of general circulation in the
county or, if there is no newspaper of general circulation in the county, by posting such notice in at least
four conspicuous places in the county. The supervisor or the municipal elections official may, at the
time of qualifying, give written notice of the time and location of the preelection test to each candidate
qualifying with that office and obtain a signed receipt that such notice has been given."
[101.5612 (1) Florida Statutes]
Please accept this notice that the automatic ballot tabulating equipment to be utilized in the City of Winter
Springs, Florida (November 7,2000) Municipal Election will be tested on:
S
The afor
HE OFFICE OF THE SUPERVISOR OF ELECTIONS
116 WEST 1ST STREET, SANFORD, FLORIDA 32771
(407) 665-7700
Andrea Lorenzo-Luaces
City Clerk
********************************************************
RECEIPT
I,
do hereby acknowledge that I received written notice of the
Name of Candidate (please Print)
date, time, and location where the above "Testing of Tabulating Equipment" will be done, on this
day of
,2000.
Signature of Candidate
CITY OF WINTER SPRINGS
OATH OF CANDIDATE
CITY COMMISSION SEAT ONE(I) THREE(3) FIVE(5)
Circle Seat Which Applies To Candidacy
"Each candidate, whether a party candidate, an independent candidate, or a write-in candidate, in
order to qualify for nomination or election to any office other than a judicial office as defined in
Chapter 105, shall take and subscrive to an oath or affirmation in writing. A printed copy of the oath
or affirmation shall be furnished to the candidate by the officer before whom such candidate seeks to
qualify..." [99.021 (l)(a) Florida Statutes]
"Before me, an officer authorized to administer oaths, personally appeared
, to me well known, who being sworn, says that he or she is a candidate for the
office of "City Commission Seat One (1) Three (3) Five (5)," that he or she is a qualified
elector of Seminole County, Florida; that he or she is qualified under the Constitution and the laws of Florida
to hold the office to which he or she desires to be nominated or elected; that he or she has
taken the oath required by ss. 876.05-876.10, Florida Statutes; that
ed for no other
public office in the state, the term of which
'th that of the office
pursuant
Signature of Candidate
Street Address
City
State
Zip Code
STATE OF FLORIDA
COUNTY OF
Sworn to (or affirmed) and subscribed, under penalties of perjury, before me this
_ day of
,20_, by
(Print Name of Person Making Statement)
Notary Public - State of Florida
Signature of Notary Public
(SEAL)
Print Name of Notary Public
Produced OR
Identification
Type of Identification Produced
Personally
Known
CITY OF WINTER SPRINGS
PETITION
CITY COMMISSION SEAT ONE(1) THREE(3) FIVE (5)
Circle Seat Which Applies To Candidacy
"Each candidate seeking the office of city commissioner 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."
[2-87. Code of Ordinances, City of Winter Springs]
do hereby state that I seek nomination to the City of
I,
Name of Candidate (Please Print or Type)
Winter Springs "City Commission Seat One (1) Three (3) Five (5)," three (3) year term, in
Circle Seat Which Applies To Candidacy
the election to be held in the City of Winter Springs, Florida, on November 7, 2000. I, further state that:
(1) My legal place of residence is:
(2) Length of time of residence in Winter Springs:
Signature of Candidate
(3) Registered Voter:
Yes
Street Address
City
State
Zip Code
* * * * * * * * * * * * * * ** ** * * * * * * * * * * * * ** ** * * * * * * * * * * * * * * * * * * * * *
Name of Candidate (Please Print or Type)
"City Commission Seat One (1) Three (3) Five (5)."
Circle Seat Which Applies To Candidacy
(1)
(Please Print or Type Name)
Signature
Date Petition Signed
Street Address
City
State
Zip Code
Precinct Number
(2)
(Please Print or Type Name)
Signature
Date Petition Signed
Street Address
City
State
Zip Code
Precinct Number
CITY OF WINTER SPRINGS
PETITION
NAME OF CANDIDATE:
Name of Candidate (Please Print or Type)
(3)
(Please Print Of Type Name)
Signature
Street Address
City
Stale
(4)
(please Print Of Type Name)
Signature
Street Address
City
Stale
(5)
(6)
(Please Print or Type Name)
Street Address
Signature
City
Stale
(7)
(please Print or Type Name)
Signature
Street Address
City
Stale
(8)
(Please Print or Type Name)
Signature
Street Address
City
State
(9)
(please Print or Type Name)
Signature
Street Address
City
Stale
Zip Code
Zip Code
Zip Code
Zip Code
Zip Code
Zip Code
Zip Code
Page 2 of5
Date Petition Signed
Precinct Numbef
Date Petition Signed
Precinct Numbef
Dale Petition Signed
Precinct Numbef
Date Petition Signed
Precinct Numbef
Dale Petition Signed
Precinct Number
Dale Petition Signed
Precinct Numbef
Date Petition Signed
Precinct Numbef
CITY OF WINTER SPRINGS
PETITION
NAME OF CANDIDATE:
Name of Candidate (PleaSe Print or Type)
(10)
(please Print or Type Name)
Street Address
(11)
(Please Print or Type Name)
Street Address
(12)
(Please Print or Type Name) Date Petition Signed
(13)
(14)
(Please Print or Type Name)
Street Address
(15)
(please Print or Type Name)
Street Address
(16)
(please Print or Type Name)
Street Address
Signature
City
State
Signature
City
State
Signature
City
State
Signature
City
State
Signature
City
State
Signature
City
State
Zip Code
Zip Code
Page 3 of 5
Date Petition Signed
Precinct Number
Date Petition Signed
Precinct Number
Zip Code Precinct Number
Zip Code
Zip Code
Zip Code
Zip Code
Date Petition Signed
Precinct Number
Date Petition Signed
Precinct Number
Date Petition Signed
Precinct Number
Date Petition Signed
Precinct Number
CITY OF WINTER SPRINGS
PETITION
NAME OF CANDIDATE:
Name of Candidate (Please Print or Type)
(17)
(Please Print or Type Name)
Street Address
(18)
(Please Print or Type Name)
Street Address
(19)
(please Print or Type Name) Date Petition Signed
(20)
(21)
(please Print or Type Name)
Street Address
(22)
(Please Print or Type Name)
Street Address
(23)
(please Print or Type Name)
Street Address
Signature
City
Stale
Signature
City
Stale
Signature
City
Stale
Signature
City
Stale
Signature
City
Stale
Signature
City
Stale
Zip Code
Zip Code
Page 4 of 5
Dale Petition Signed
Precinct Number
Date Petition Signed
Precinct Number
Zip Code Precinct Nwnber
Zip Code
Zip Code
Zip Code
Zip Code
Date Petition Signed
Precinct Number
Date Petition Signed
Precinct Number
Dale Petition Signed
Precinct Nwnber
Date Petition Signed
Precinct Number
NAME OF CANDIDATE:
(24)
CITY OF WINTER SPRINGS
PETITION
Name of Candidate (Please Print or Type)
(please Print or Type Name)
(25)
Street Address
Signature
(Please Print or Type Name)
Street Address
City
Stale
Zip Code
Signature
City
Stale
Zip Code
Page 5 of5
Dale Petition Signed
Precinct Number
Date Petition Signed
Precinct Number
CITY OF WINTER SPRINGS
SIGNA TURE PAGE
CITY COMMISSION SEAT ONE(l) THREE(3) FIVE (5)
Circle Seal Which Applies To Candidacy
Date
I,
have this date received the following forms and
Name of Candidate (please Print or Type)
information, in addition to any election materials that I may have previously received from this office:
"Affidavit Of Residency - City"
(Must be completed/signed in front of the Qualifying Officer DURING THE QUALIFYING PERIOD).
"Affidavit Of Residency - District"
(Must be completed/signed in front of the Qualifying Officer DURING THE QUALIFYING PERIOD).
"Application For Office"
(Must be completed/signed in front of the Qualifying Officer DURING THE QUALIFYING PERIOD).
"Chapter 2 - Administration" from the City Of Winter Springs Code of Ordinances
"Charter" of the City Of Winter Springs
City Of Winter Springs Resolution Number 520
Information from the Commission 0
"Florida V olu
"Fonn 1" *
"General Info
"Loyalty Oat
(Must be completed/signed infront of the Qualifying Officer DURING THE QUALIFYING PERIOD).
"Notice Of Testing Of Tabulating Equipment"
(Must be completed/signed infront of the Qualifying Officer DURING THE QUALIFYING PERIOD).
"Oath Of Candidate"
(Must be completed/signed infront of the Qualifying Officer DURING THE QUALIFYING PERIOD).
"Petition" .
Political Signs - Section 16-80., from the City Of Winter Springs Code of Ordinances
"Resign to Run" Information From City Attorney Anthony A. Garganese
106. I 5 (4) Florida Statutes (Accepting Political Contributions In Government Buildings)
NOTE: The information provided to you in this packet, and the documents listed on this sheet, are
provided to you for informational purposes only, and are not intended to be an exclusive packet of
information pertaining to the year 2000 City of Winter Springs Election. Please refer to applicable local,
state, and federal election laws for more details regarding qualifying and running for a seat on the
City Commission of Winter Springs.
I,
understand that it is my responsibility to read,
Name of Candidate (please Print or Type)
understand, and comply with all laws as they apply to the year 2000 City of Winter Springs Election.
Signature of Candidate
* The items with an asterisk MUST BE turned in to the Qualifying Officer (City Clerk, Andrea Lorenzo-Luaces) DURING THE QUALIFYING
PERIOD, along with the other items listed above.