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HomeMy WebLinkAbout2001 06 11 Regular E "Request For Travel Reimbursement" COMMISSION AGENDA ITEM E Consent Informational Public Hearing Regular X June 11, 2001 Regular Meeting J/ Mgr. I Dept. Authorization REQUEST: City Manager is requesting the City Commission review a "Request For Trav.el Reimbursement" for a member of the Districting Commission; in addition to confirming that the Districting Commission is considered to be one of the City's Advisory Boards, similar to the Board of Adjustment or the Beautification of Winter Springs Board, which would influence the decision regarding payment for this "Request For Travel Reimbursement." PURPOSE: This Agenda Item's purpose is to request that the City Commission review a "Request For Travel Reimbursement" for a member of the Districting Commission. An additional consideration in this matter is to have the City Commission confirm that the Districting Commission is in fact considered to be one of the City's Advisory Boards, similar to the Board of Adjustment or the Beautification of Winter Springs Board, which will influence whether this "Request For Travel Reimbursement" should be paid. CONSIDERATIONS: The Code of Ordinances for the City of Winter Springs recognizes a number of "active" Advisory Boards, including the Beautification of Winter Springs Board; the Board of Adjustment; the Board of Trustees; the Code Enforcement Board; and the Planning and Zoning Board/Local FUNDING: CONCLUSION: CITY OF WINTER SPRINGS REGULAR MEETING - JUNE II, 200 I REGULAR AGENDA ITEM "E" PAGE 2 OF 3 Planning Agency. Also mentioned In the Code of Ordinances is the Districting Commission. Based on Ordinance Number 551, which was adopted on January 24, 1994, all of the City's Advisory Boards "Shall receive the sum of $25.00 for each Meeting of the Board the person attends as reimbursement for all expenses incurred in attending the Meeting." It is the normal practice of the Office of the City Clerk to submit information to the Finance Department for all Board Members who attend Meetings, so that each Member receives $25.00 for each Meeting that they attend. This practice is done on a monthly basis. Ad Hoc Committees such as the Oak Forest Wall and Beautification District Advisory Committee and the Tuscawilla Lighting and Beautification District Advisory Committee do not receive any compensation. For the year 2001, seven (7) residents were appointed to the Districting Commission at the January 22, 2001 Regular Meeting of the City Commission. Year 2001 Districting Commission Member Jim McShea has submitted a "Request For Travel Reimbursement" in the amount of $14.79. This amount would be in addition to the $25.00 compensation that he received for each Meeting that he attended. Sufficient funds are currently available for this expenditure under Line Code 1110-54010. Based on Ordinance Number 551, it is clear that the sum of $25.00 is reimbursement for "All expenses incurred in attending the Meeting." Therefore we would assume that any additional requested reimbursement would require documentation of the expenses incurred, which we don't have in this case. (No written documentation from the files of the previous Land Development Coordinator, Donald LeBlanc have been found to back up this request for additional funds.) CITY OF WINTER SPRINGS REGULAR MEETING - JUNE 11,2001 REGULAR AGENDA ITEM "E" PAGE30F3 RECOMMENDATIONS: 1) It is recommended that the City Commission agree that the Districting Commission is one of the City's Advisory Boards, and that the $25.00 compensation that all Advisory Board Members receive covers "all expenses" including the travel expenses requested by Mr. McShea. 2) lfthe Commission finds that this expense is not covered by the $25.00 and that the $14.79 "Request For Travel Reimbursement" is a justifiable expense, a Motion to approve this payment would be in order and that the Commission direct Staff to bring back an Amendment to Ordinance 551 providing for reimbursement of travel and other out of pocket expenses for City Boards. ATTACHMENTS: A. An excerpt from Chapter 12 of the Florida Statutes, specifically 112.061 B. Pages 3 and 4 frof!1 the City of Winter Springs Charter outlining the Districting Commission. C. A copy of Ordinance 494 which references the Districting Commission. D. Copy of Ordinance Number 55l. E. A Copy of the "Request For Travel Reimbursement" and an email from Mr. McShea with additional information on this request. COMMISSION ACTION: ATTACHMENT . "A" .,'1 I :1, , ;i I,I,;! ,I' l'l (1,1 I ll:::1 !Ii . Ii: i ;: ,HI I 'I! I: : : ' Ch.112 PUBLIC OFFICERS AND EMPLOYEES: GENERAL PROVISIONS F.S.1999 I' i: 2. Any state official or employee eligible to retire pursuant to the provisions of this paragraph may retire from office as such official or employee with the right to be paid, and shall be paid monthly on his or her own requisition, during the remainder of his or her natural life, one-half the amount of the average monthly salary received during the last 10 years of service, less the actuarial reduction provided for in subparagraph 1. (c) Upon the death of a retired state officer or employee receiving monthly benefits under this sec- tion, the monthly benefits shall be paid through the last day of the month of death and shall terminate on that date. (2) An annual cost-of-living adjustment shall be made to the monthly benefit payable to retirees who are retired under this section pursuant to the provisions of s.121.101. (3) Any person who is retired under this section may be employed by an employer who does not partici- pale in a state-administered retirement system and may receive compensation from such employment without limiting or restricting in any way the retirement benefits payable to such person. (4)(a) Any person who is retired under this section may be reemployed by any private or public employer after retirement and receive retirement benefits and compensation from his or her employer withoutlimita- tion, except that no person may receive both a salary from reemployment with any agency participating in the Florida Retirement System and retirement benefits under this chapter for a period of 12 months immedi- ately subsequent to the date of retirement. (b) Any person to whom the limitation in paragraph (a) applies who violates such reemployment limitation and is reemployed with any agency participating in the Florida Retirement System prior to completion of the 12-month limitation period shall give timely notice of this fact in writing to the employer and to the division; and the person's retirement benefits shall be sus- pended for the balance of the 12-month limitation period. Any person employed in violation of this sub- section and any employing agency which knowingly employs or appoints such person without notifying the Department of Management Services to suspend retirement benefits shall be jointly and severally liable for reimbursement to the retirement trust fund of any benefits paid during the reemployment limitation period. To avoid liability, such employing agency shall have a written statement from the retiree thafhe or she is not retired from a state-administered retirement sys- tem. Any retirement benefits received by such person while reemployed during this limitation period shall be repaid to the retirement trust fund, and the retirement benefits shall remain suspended until such repayment has been made. Any benefits suspended beyond the reemployment limitation period shall apply toward the repayment of benefits received in violation of the reem- ployment limitation. (c) An employer, upon employment of any person who has been retired under a state-administered retire- ment program, shall pay retirement contributions in an amount equal to the unfunded actuarial accrued liability portion of the employer contribution which would be required for a regular member of the Florida Retirement System. (d) The limitations of this subsection apply to reem- ployment in any capacity with an employer as defined in s. 1.21.021 (10), irrespective of the category of funds from which the person is compensated. History.-s. 1, ch. 12293, 1927: CGL 242: s. '. ch. 17274, 1935: s. " ch. 20499, 1941:s.1,ch.22828, 1945:ss.1.chs.28147,28148, 1953:s.1.ch. 74-303:s.1, ch. 76-212: s. I. ch. 80.126: s. 2, ch. 80-130: s. '. ch. 81.307: s. 31, ch. 83.217: s. 19, ch. 84-266: s. I, ch. 90-274: s. 3, ch. 95-146: s. 683, ch. 95-147: s. " ch. 96-368: s. 12, ch. 99-255. Note.-Former s. 121.001. 112.0501 Ratification of certain dual retirements. (1) Any state employee who was permitted by the Comptroller, as administrator of the retirement provi- sions of s. 112.05 and chapter 122, to retire under the provisions of both such statutes prior to April 23, 1969, when the Attorney General ruled that such dual retire- ments are prohibited by s. 122.10(3), as recodified by the Legislature in 1965, shall receive and enjoy the retirement benefits awarded upon retirement. the provi- sions of s. 122.10(3) to the contrary notwithstanding. (2) The exceptions granted to state retirees coming under the provisions of subsection (1) shall not apply to any state employee retiring subsequent to November 1, 1970, and the administrator of the Florida Retirement System is hereby directed to establish such rules and procedures as may be necessary to prohibit such dual retirements for members of the Florida Retirement Sys- tem or any retirement system consolidated therein pur- suanttos.121.011(2). History.-s. " ch. 72-202: s. 684, ch. 95-147. 112.0515 Retirement or pension rights unaffected by consolidation or merger of governmental agencies. It is hereby declared to be the policy of this state that In any consolidation or merger of governments or the transfer of functions between units of governments either at the state or local level or between state and local units, the rights of all public employees in any retirement or pension fund shall be fully protected. No consolidation or merger of governments or governmen- tal services, either state or local, accomplished in thiS state shall diminish or impair the rights of any public employee in any retirement or pension fund or plan which existed at the date of such consolidation or merger and in which the employee was participating. nor shall such consolidation or merger result in any impairment or reduction in benefits or other penSion rights accruing to such employee. Hislory.-s. I, ch. 72-210. 112.061 Per diem and travel expenses of public officers, employees, and authorized persons.- .. (1) LEGISLATIVE INTENT.- There are inequltles~ conflicts, inconsistencies, and lapses in the numerou., laws regulating or attempting to regulate Irav:; expenses of public officers, employees, and authonz . persons in the state. It is the intent of the Legislature: (a) To remedy same and to establish unif?rmm~; mum rates, and limitations, with certain JUstitia eS exceptions, applicable to all public officers, employe ~ and authorized persons whose travel expenses a paid by a public agency. ~' rJ;. \r.( . ~ ~~F.S. c-c .' (b) ~5!~t.~; 1. any cc future, t:ldllav irH~ijjdll eral id exernfJ 2. ent or sions ;, fliet. . (2) tion, ~'": cated: (a) ment, ; sian, b public rTlIJrI'r:'f (b) highest herein . (c) !~e pe.~ IdW Will either ::: ~~,,--- state, _ tho f^p'.... ........ IVlv nee Or' (d) : ...L.._oIoL _ nllC'UIt::J _.....L_ u' UUlIIUII/ regular b!s to~: .~ .(e) ; 1<,1. ; as d.efin not, wh, ft-u___ _ i:i12:"~' b3. ; professi ;. (f) authoriz ~;(g) ~~~:::::;~ ~J~I."" m;;;;",__. 868 -, .5 1a- ..: 1999 ~ ;::-- -~::~,,~ to ream. - "-.r . ~;;:iil.eo of fu~ 1. cIt 2Oq. 74-303" ~ ~ ell. 8J.211 14/; S. 1.0".. :~enta. ;,.: WI i'-'~ nt prOVj. nder the .~. 1969 al retire: ......:~:_ --I . .....u"'"'" 'J'f nJOY the - ;.:;~..-i ~~:.:~~~~ - . '~'-'::::::ii apply to )V~~be~ ..:...----- UIt;IIIt:11I --...- -;;; .;;~;~- rein pur. _U__A " _......v....... = or the rnments .~~~ :!.!"!d ~ in any :.:,:;.,-: No :; ;;-; ~~;~ ~. public or plan ation or t 'in any pension f public - ~.. -=...:....- ~:~;..:::.:~.;:, Imerous , travel ihoiized stature: fll iii~: stifiable _1_..__'" InJ':t::iiv....' ses are PUBLIC OFFICERS AND EMPLOYEES: GENERAL PROVISIONS Ch.112 ib) To preserve the standardization and uniformity ,;lablished by this law: .'1. The provisions of this section shall prevail over ,;y conflicting provisions in a general law, present or : iure, to the extent of the conflict; but if any such gen- ;.aI1aw contains a specific exemption from this section, ..c!uding a specific reference to this section, such gen- ,'al law shall prevail, but only to the extent of the :ierTlption. . 2. The provisions of any special or local law, pres- ,nt or future, shall prevail over any conflicting provi- ;ons in this section, but only to the extent of the con- ::ct. (2) DEFINITIONS.-Fol' the purposes of this sec- :on, the following words shall have the meanings indi- :aled: (a) Agency or public agency-Any office, depart- ;lent, agency, division, subdivision, political subdivi- sion, board, bureau, commission, authority, district, Jublic body, body politic, county, city, town, village, ;lunicipality, or any other separate unit of government ;reated pursuant to law. (b) Agency head or head of the agency-The nighest policymaking authority of a public agency, as :1erein defined. (c) Officer or public officer-An individual who in ,he periormance of his or her official duties is vested by law with sovereign powers of government and who is either elected by the people. or commissioned by the Governor and has jurisdiction extending throughout the slate, or any person lawfully serving instead of either of . the foregoing two classes of individuals as initial desig- nee or successor. (d) Employee or public employee-An individual, whether commissioned or not, other than an officer or authorized person as defined herein, who is filling a regular or full-time authorized position and is responsi- ble to an agency head. (e) Authorized person- 1. A person other tl;1an a public officer or employee as defined herein, whether elected or commissioned or not, who is authorized by an agency head to incur travel expenses in the periormance of official duties. 2. A person who is called upon by an agency to contribute time and services as consultant or adviser. 3. A person who is a candidate for an executive or professional position. (f) Traveler-A public officer, public employee, or authorized person, when periorming authorized travel. (g) Travel expense, traveling expenses, necessary expenses while traveling, actual expenses while travel- ing, or words of similar nature-The usual ordinary and incidental expenditures necessarily incurred by a trav- eler. (h) Common carrier-Train, bus, commercial air- line operating scheduled flights, or rental cars of an established rental car firm. (i) Travel day-A period of 24 hours consisting of four quarters of 6 hours each. U) Travel period-A period of time between the time of departure and time of return. (k) Class A travel-Continuous travel of 24 hours or more away from official headquarters. (I) Class B travel-Continuous travel of less than 24 hours which involves overnight absence from official headquarters. (m) Class C travel-Travel for short or day trips where the traveler is not away from his or her official headquarters overnight. (n) Foreign travel-Travel outside the United States. (3) AUTHORITY TO INCUR TRAVEL EXPENSES. (a) All travel must be authorized and approved by the head of the agency, or his or her designated repre- sentative, from whose funds the traveler is paid. The head of the agency shall not authorize or approve such a request unless it is accompanied by a signed state- ment by the traveler's supervisor stating that such travel is on the official business of the state and also stating the purpose of such travel. (b) Travel expenses of travelers shall be limited to those expenses necessarily incurred by them in the periormance of a public purpose authorized by law to be periormed by the agency and must be within the lim- itations prescribed by this section. (c) Travel by public officers or employees serving temporarily in behalf of another agency or partly in behalf of more than one agency at the same time, or authorized persons who are called upon to contribute time and services as consultants or advisers, may be authorized by the agency head. Complete explanation and justification must be shown on the travel expense voucher or attached thereto. (d) Travel expenses of public employees for the sole purpose of taking merit system or other job place- ment examinations, written or oral, shall not be allowed under any circumstances, except that upon prior writ- ten approval of the agency head or his or her designee, candidates for executive or professional positions may be allowed travel expenses pursuant to this section. (e) The agency head, or a designated representa- tive, may pay by advancement or reimbursement, or a combination thereof, the costs of per diem of travelers and authorized persons for foreign travel at the current rates as specified in the federal publication "Standard- ized Regulations (Government Civilians, Foreign Areas)" and incidental expenses as provided in this section. (f) A traveler who becomes sick or injured while away from his or her official headquarters and is there- fore unable to periorm the official business of the agency may continue to receive subsistence as pro- vided in subsection (6) during this period of illness or injury until such time as he or she is able to periorm the official business of the agency or returns to his or her official headquarters, whichever is earlier. Such subsistence may be paid when approved by the agency head or his or her designee. (g) The secretary of the Department of Health or a designee may authorize travel expenses incidental to the rendering of medical services for and on behalf of clients of the Department of Health. The Department of Health may establish rates lower than the maximum provided in this section for these travel expenses. (4) OFFICIAL HEAOQUARTERS.- The official headquarters of an officer or employee assigned to an 869 .r' :,.1, : III : ! I I I ,I ': i. i ' ..! I 'I I \ I I Ii I " . I \, I ;'1' \111 I ' il j J :11 i ! I!\ I ,I I I It I. ~ ' , " 1 " , .':' I I '. I I '.:i 1.1: ' " "~Ii I q, ,: I' ,I .:' , :..,,1'1' Ii, :;,'1;: ': 1.lli'l' I..' I'!' , .1' ,I, "1'1..\ ' ;iik'i'l i I. ~I:t .~i,~ I \ j d: ,'I i i: : i; I'H.'. i I ." I,...!., ., I' : 'HI:'..!. !! I ~"l! I I.' [..' It'I'I, : ' ,,' I". Pi I I " 1"1. . "/' i!' . I ,. ... ",t r li~'1 :: ~I j! !~ ~II ii II i I I Ii :1 :1 , , , q . Ii lit ii, ' Ii I' I ,i' ,1'1 1'1' : Ii, .. I !~, 'I' , I . I ! I Ii " ;1,: ~ I ; ii, ~ 11' ,I, I ,~' i1r: '~ '1:11' .\ j ~II r iii, \(!I I'~ 1 I ,1 'it I I' II: .~!(~ Ch. 112 PUBLIC OFFICERS AND EMPLOYEES: GENERAL PROVISIONS F.S.1999 f ~? ,'"t F.S. 1999 office shall be the city or town in which the office is business outside the traveler's regular place of employ- located except that: ment if travel expenses are approved. The Comptroller (a) The official headquarters of a person located in shall establish a schedule for processing Class C travel the field shall be the city or town nearest to the area subsistence payments at least on a monthly basis. where the majority of the person's work is performed, or (6) RATES OF PER DIEM AND SUBSISTENCE such other city, town, or area as may be designated by ALLOWANCE.-For purposes of reimbursement rates the agency head provided that in all cases such desig- and methods of calculalion, per diem and subsistence nation must be in the best interests of the agency and allowances are divided into the following groups and not for the convenience of the person. rates: (b) When any state employee is stationed in any (a) All travelers shall be allowed for subsistence city or town for a period of over 30 continuous work- when traveling to a convention or conference or when days, such city or town shall be deemed to be the traveling within or outside the state in order to conduct employee's official headquarters, and he or she shall bona fide state business, which convention, confer- not be allowed per diem or subsistence, as provided in ence, or business serves a direct and lawful public pur- this section, after the said period of 30 continuous pose with relation to the public agency served by the workdays has elapsed, unless this period of time is person attending such meeting or conducting such extended by the express approval of the agency head business, either of the following for each day of such or his or her designee. travel at the option of the traveler: (c) A traveler may leave his or her assigned post to 1. Fifty dollars per diem; or return home overnight, over a weekend, or during a hol- 2. If actual expenses exceed $50, the amounts iday, but any time lost from regular duties shall be taken permitted in paragraph (b) for meals, plus actual as annual leave and authorized in the usual manner. expenses for lodging at a single-occupancy rate to be The traveler shall not be reimbursed for travel substantiated by paid bills therefor. expenses in excess of the established rate for per diem When lodging or meals are provided at a state institu- allowable had he or she remained at his or her tion, the traveler shall be reimbursed only for the actual assigned post. However, when a traveler has been expenses of such lodging or meals, not to exceed the temporarily assigned away from his or her official head- maximum provided for in this subsection. quarters for an approved period extending beyond 30 (b) All travelers shall be allowed the following days, he or she shall be entitled to reimbursement for amounts for subsistence while on Class C travel on offi- travel expenses at the established rate of one round trip cial business as provided in paragraph (5)(b): for each 30-day period actually taken to his or her home 1. Breakfast .......................................................$3 in addition to pay and allowances otherwise provided. 2. Lunch ............................................................$6 (5) COMPUTATION OF TRAVEL TIME FOR 3. Dinner..........................................................$12 REIMBURSEMENT.-For purposes of reimbursement (c) No one, whether traveling out of state or in and methods of calculating fractional days of travel, the state, shall be reimbursed for any meal or lodging following principles are prescribed: included in a convention or conference registration fee (a) The travel day for Class A travel shall be a cal- paid by the state. endar day (midnight to midnight). The travel day for (7) TRANSPORTATION.- Class B travel shall begin at the same time as the travel (a) All travel must be by a usually traveled route. In period. For Class A and Class B travel, the traveler case a person travels by an indirect route for his or her shall be reimbursed one-fourth of the authorized rate of own convenience, any extra costs shall be borne by the per diem for each quarter, or fraction thereof, of the traveler; and reimbursement for expenses shall be travel day included within the travel period. Class A and based only on such charges as would have been Class B travel shall include any assignment on official incurred by a usually traveled route. The agency head business outside of regular office hours and away from or his or her designee shall designate the most eco- regular places of employment when it is considered nomical method of travel for each trip, keeping in mind reasonable and necessary to stay overnight and for the following conditions: which travel expenses are approved.' 1. The nature of the business. (b) A traveler shall not be reimbursed on a per diem 2. The most efficient and economical means of basis for Class C travel, but shall receive subsistence travel (considering time of the traveler, impact on the as provided in this section, which allowance for meals productivity of the traveler, cost of transportation, and shall be based on the following schedule: per diem or subsistence required). When it is more etfl- 1. Breakfast-When travel begins before 6 a.m. cient and economical to either the traveler or the and extends beyond 8 a.m. agency head, jet service offered by any airline, whether 2. Lunch-When travel begins before 12 noon and on state contract or not, may be used when the cost IS extends beyond 2 p.m. within an approved threshold determined by the 3. Dinner-When travel begins before 6 p.m. and agency head or his or her designee. extends beyond 8 p.m., or when travel occurs during 3. The number of persons making the trip and the nighttime hours due to special assignment. amount of equipment or material to be transported. (b) The Department of Banking and Finance ma~ No allowance shall be made for meals when travel is provide any form it deems necessary to cover Irave confined to the city or town of the official headquarters requests for traveling on official business and when or immediate vicinity; except assignments of official paid by the state.. 870 (c) .....-- ~ ing on officia traveler, -, Federal tax: unless the required by ~ &......____.....t._..~_ uall~JJulldllur approved by t carrier on a excess of the ........1....... &__.__I~ U'j Hit; :::'____ u_ t~tinn nrl"\\liN^ ..-...-.. ,.............,....\,; (d)1. T~~ ....:....1 &.._. __I =_ " ....Ial lIavt;n :n m: carriers .nay i or her ~:-:::::-::-:.~ vehidp.. :~;,;~ ance at a fixH( year 1994 ; =: common (;,,::;: the agency '-: related to the of a v~h;G!'" ",!., vehicles are .. ment is made provided in sui 2. All ;;-,;:,c. to point of dc: computed on Department Of sary for the con must be showr voucher. . .(e) Transpo ehng on .-.~~:.' agency head \A advantage of if transnort",tinn rI tion by- pri~;;i~ly (d). ,'. (f) The .-..-C. gr~nt monthly~ pnvately owned of the mileage r an~A~ !""!!"'....-...-.-I-- ~nabl~: -;~ki~i automobile, :~" Whether --.- -,.. . allY VI II tnaintenance ai pa,id from fu~ds SUl'h ~,,_._.____ --:-. I UIIVVVclllL;t: r _b.em~~!"...._ d__ L .~~i; fil~d - b~f~-~e - .~9 at least ann . ..!!9W the places ;W9,nth's travel on . ih.e~ld be allowed ,: Nrn-Ettravel shown i :. a~~ pursuant ~:: l Nv LUllifrl( (ticer or ;;...,,:,- a~~ncy, in whi~ n',ti....,.. .......... __ ,_:;:_11I'~ II'":" PUBLIC OFFICERS AND EMPLOYEES: GENERAL PROVISIONS Ch. 112 i BS.1999 T -1" {O:(c) Transportation by common carrier when travel- l' ing on official business and paid for personally by the .j traveler, shall be substantiated by a receipt therefor. .~ Federal tax shall not be reimbursable to the traveler i unles~ the state and other public agencies are also '~ required by federal law to pay such tax. In the event :: transportation other than the most economical class as approved by the agency head is provided by a common carrier on a flight check or credit card, the charges in excess of the most economical class shall be refunded by the traveler to the agency charged with the transpor- tation provided in this manner. (d)1. The use of privately owned vehicles for offi- cial travel in lieu of publicly owned vehicles or common carriers may be authorized by the agency head or his or her designee. Whenever travel is by privately owned vehicle, the traveler shall be entitled to a mileage allow- ance at a fixed rate of 25 cents per mile for state fiscal year 1994-1995 and 29 cents per mile thereafter or the common carrier fare for such travel, as determined by the agency head. Reimbursement for expenditures related to the operation, maintenance, and ownership of a vehicle shall not be allowed when privately owned vehicles are used on public business and reimburse- ment is made pursuant to this paragraph, except as provided in subsection (8). 2. All mileage shall be shown from point of origin to point of destination and, when possible, shall be computed on the basis of the current map of the Department of Transportation. Vicinity mileage neces- sary for the conduct of official business is allowable but must be shown as a separate item on the expense voucher. (e) Transportation by chartered vehicles when trav- eling on official business may be authorized by the agency head when necessary or where it is to the advantage of the agency, provided the cost of such transportation does not exceed the cost of transporta- tion by privately owned vehicle pursuant to paragraph (d). (f) The agency head or his or her designee may grant monthly allowances in fixed amounts for use of privately owned automobiles on official business in lieu of the mileage rate provided in paragraph (d). Allow- ances granted pursuant to this paragraph shall be rea- sonable, taking into account the customary use of the automobile, the roads customarily traveled, and whether any of the expenses incident to the operation, maintenance, and ownership of the automobile are paid from funds of the agency or other public funds. Such allowance may be changed at any time, and shall be made on the basis of a signed statement of the trav- eler, filed before the allowance is granted or changed, and at least annually thereafter. The statement shall show the places and distances for an average typical month's travel on official business, and the amount that ~OUld be allowed under the approved rate per mile for etravel shown in the statement, if payment had been made pursuant to paragraph (d). Iic(g) No contract may be entered into between a pub- officer or employee, or any other person, and a pub- Iicagency, in which a depreciation allowance is used in COmputing the amount due by the agency to the individ- ~ ual for the use of a privately owned vehicle on official business; provided, any such existing contract shall not be impaired. (h) No traveler shall be allowed either mileage or transportation expense when gratuitously transported by another person or when transported by another trav- eler who is entitled to mileage or transportation expense. However, a traveler on a private aircraft shall be reimbursed the actual amount charged and paid for the fare for such transportation up to the cost of a com- mercial airline ticket for the same flight, even though the owner or pilot of such aircraft is also entitled to transportation expense for the same flight under this subsection. (8) OTHER EXPENSES.- (a) The following incidental travel expenses of the traveler may be reimbursed: 1. Taxi fare. 2. Ferry fares; and bridge, road. and tunnel tolls. 3. Storage or parking fees. 4. Communication expense. 5. Convention registration fee while attending a convention or conference which will serve a direct pub- lic purpose with relation to the public agency served by the person attending such meetings. A traveler may be reimbursed the actual and necessary fees for attending events which are not included in a basic registration fee that directly enhance the public purpose of the partici- pation of the agency in the conference. Such expenses may include, but not be limited to, banquets and other meal functions. It shall be the responsibility of the trav- eler to substantiate that the charges were proper and necessary. However, any meals or lodging included in the registration fee will be deducted in accordance with the allowances provided in subsection (6). (b) Other expenses which are not specifically authorized by this section may be approved by the Department of Banking and Finance pursuant to rules adopted by it. Expenses approved pursuant to this paragraph shall be reported by the Department of Banking and Finance to the Auditor General annually. (9) RULES AND REGULATIONS.- (a) The Department of Banking and Finance shall promulgate such rules and regulations, including, but not limited to, the general criteria to be used by a state agency to predetermine justification for attendance by state officers and employees and authorized persons at conventions and conferences, and prescribe such forms as may be necessary to effectuate the purposes of this section. The department may also adopt rules prescribing the proper disposition and use of promo- tional items and rebates offered by common carriers and other entities in connection with travel at public expense; however, before adopting such rules, the department shall consult with the appropriation com- mittees of the Legislature. (b) Each state agency shall promulgate such addi- tional specific rules and regulations and specific criteria to be used by it to predetermine justification for attend- ance by state officers and employees and authorized persons at conventions and conferences, not in conflict with the rules and regulations of the Department of Banking and Finance or with the general criteria to be ;'.c~ 871 :, I' i ) :1 r 1\ ;1, I" '! iil il:. I .1 , I I I , l' !I ; \ : ~: ,: I li,1 ,I ;1' 1,1: L JI :f I '1' Ii \ I; i ..1 I. 'Ill It r'ii:.; .1 il! :1 I, . 1 1", . ',1;1', I : i'l II : I ...1 "I \' I: ~ \, ,j' i ,;i i 1 I. .,' I ,.,\: I :1: : :i I:! ; I ' I ~ i II! I, Ch.112 PUBLIC OFFICERS AND EMPLOYEES: GENERAL PROVISIONS F.S.1999 used by a state agency to predete'rmine justification for attendance by state officers and employees and authorized persons at conventions, as may be neces- sary to effectuate the purposes of this section. (10) FRAUDULENT CLAIMS.-Claims submitted pursuant to this section shall not be required to be sworn to before a notary public or other officer author- ized to administer oaths, but any claim authorized or required to be made under any provision of this section shall contain a statement that the expenses were actu- ally incurred by the traveler as necessary travel expenses in the performance of official duties and shall be verified by a written declaration that it is true and cor- rect as to every material matter; and any person who willfully makes and subscribes any such claim which he or she does not believe to be true and correct as to every material matter, or who willfully aids or assists in, or procures, counsels. or advises the preparation or presentation under the provisions of this section of. a claim which is fraudulent or is false as to any material matter, whether or not such falsity or fraud is with the knowledge or consent of the person authorized or required to present such claim, is guilty of a misde- meanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. Whoever shall receive an allowance or reimbursement by means of a false claim shall be civilly liable in the amount of the overpayment for the reimbursement of the public fund from which the claim was paid. (11) TRAVEL AUTHORIZATION AND VOUCHER FORMS.- (a) Authorization forms.- The Department of Banking and Finance shall furnish a uniform travel authorization request form which shall be ,used by all state officers and employees and authorized persons when requesting approval for the performance of travel to a convention or conference. The form shall include, but not be limited to, provision for the name of each traveler, purpose of travel, period of travel, estimated cost to the state, and a statement of benefits accruing to the state by virtue of such travel. A copy of the pro- gram or agenda of the convention or conference, item- izing registration fees and any meals or lodging included in the registration fee, shall be attached to, and filed with, the copy of the travel authorization request form on file with the agency. The form shall be signed by the traveler and by the traveler's supervisor stating that the travel is to be incurred in connection with official business of the state. The head of the agency or his or her designated representative shall not authorize or approve such request in the absence of the appropriate signatures. A copy of the travel authorization form shall be attached to, and become a part of, the support of the agency's copy of the travel voucher. (b) Voucher forms.- 1. The Department of Banking and Finance shall furnish a uniform travel voucher form which shall be used by all state officers and employees and author- ized persons when submitting travel expense state- ments for approval and payment. No travel expense statement shall be approved for payment by the Comp- troller unless made on the form prescribed and fur- nished by the department. The travel voucher form shall provide for, among other things, the purpose of the official travel and a certification or affirmation, to be signed by the traveler, indicating the truth and correct- ness of the claim in every material maller, that the travel expenses were actually incurred by the traveler as necessary in the performance of official duties, that per diem claimed has been appropriately reduced for any meals or lodging included in the convention or con- ference registration fees claimed by the traveler, and that the voucher conforms in every respect with the requirements of this section. The original copy of the executed uniform travel authorization request form shall be attached to the uniform travel voucher on file with the respective agency. 2. Statements for travel expenses incidental to the rendering of medical services for and on behalf of cli- ents of the Department of Health shall be on forms approved by the Department of Banking and Finance. (12) ADVANCEMENTS.-Notwithstanding any of the foregoing restrictions and limitations, an agency head or his or her designee may make, or authorize the making of, advances to cover anticipated costs of travel to travelers. Such advancements may include the costs of subsistence and travel of any person transported in the care or custody of the traveler in the performance of his or her duties. (13) DIRECT PAYMENT OF EXPENSES BY AGENCY.-Whenever an agency requires an employee to incur either Class A or Class B travel on emergency notice to the traveler, such traveler may request the agency to pay his or her expenses for meals and lodging directly to the vendor, and the agency may pay the vendor the actual expenses for meals and lodging during the travel period, limited to an amount not to exceed that authorized pursuant to this section. In emergency situations, the agency head or his or her designee may authorize an increase in the amount paid for a specific meal, provided that the total daily cost of meals does not exceed the total amount authorized for meals each day. The agency head or his or her designee may also grant prior approval for a state agency to make direct payments of travel expenses in other situations that result in cost savings to the state, and such cost savings shall be docu- mented in the voucher submitted to the Comptroller for the direct payment of travel expenses. The provisions of this subsection shall not be deemed to apply to any legislator or to any employee of the Legislature. Hislory.-ss. 1.3, ch. 22830,1945: ss. 1,2,3, ch. 23892.1947; ss. 1, 36~~. 25040, 1949; ss. 1,3, ch. 26910.1951; s. " ch. 28303.1953; s. " ch. 29 ". 1955: s. " ch. 57.230; s. 1, ch. 61.183; s. 1. ch. 61-43; s. 1. ch. 63.5; s. I.~: 63.192; s. 1, ch. 63-122; s. 1. ch. 83.400; ss. 2, 3. ch. 67-371; ss. 1,2, ch. 67.2206: s. 1. ch. 69.193; s. 1. ch. 69-381; ss. 12.23.31.35, ch. 69-106; s. 65, ch. 71,' ". s. 1, ch. 72-213; s. 1, ch. 72-217; s. 1, ch. 72-324; s. 26, ch. 72-404; s. " c, 73.169; s. 1, ch. 74-15; s. 1, ch. 74-246; s. 1, ch. 74-365; ss. 1, 2, ch. 75.33; ~3': ch. 7&166; s. 2, ch. 76-208; ss. 1,2, ch. 76.250; s. 1, ch. 77-174; s. 1, ch. 77, ,;. ss. 1.2. ch. 77-437; s. 2, ch. 78.95; s. 51, ch. 79-190; s. 1, ch. 79-205; s. ",0 79.303; s. 1, ch. 79.412; ss. 1,2, ch. 81.207; ss. 1,2, ch. 83-307; s. " ch. 85.1 ,,: s. 1, ch. 87-407; s. 4, ch. 88-235; s. 12, ch. 89-291; s. 18. ch. 91-45; s. '3~ 94.139; s. 1403, ch. 95-147; s. 26, ch. 95-312; s. 5, ch. 96-310; s. 43, ch. 96' .. s. 23, ch. 98.136; s. 9, ch. 99.8; 5.7, ch. 99-155; s. 16, ch. 99-399. 112.062 Cabinet members; educational and infor; mational travel expenses.-When he or she de~ms If necessary in order to carry out an official function 0 office, a member of the Cabinet may incur and be relm- 872 . ,",,-~,~;I i/~.,F.S. 1999 ;,.~... . bursed lor' . -' the purpose . 'the Cabinet HlslOry.-s. '. . 112.063 educational ---I __.._&.._ (II IU \...-VUI ny'_ ____1_..___6 I::"~ ~ ~:_JII_ I Y' t:"t::'''':- II lowing condi (1) The, the !~~:)~';l(:~ duties which . (2) Th(: ~ no way .L".:. time off or ;, course or (]I( (3) An't:' any space, r _U!__L 1_0 VIII\,;l;: uy W(II' fulfilling al'Y coursework . (4) ;-:-;,: ,. shall not be I by Of as a par any state ;~':Y commissione by law, or an therance of s prior to July 1 Nothinc; h-: :h:: e~ployees if diem eXDe",,, be construed ~!"",a..'::-:~ ~~::'" .._ Hlstory.-s. '. ~h . 112.08 Gi ,employees, ill tions.- 'j, ~. (1) As: .~.' ,!nental unit" ',t ;lI.ity college .j~ ,<:IllY county off fonstitution. .r~.(2)(a) [,,::, lC? provide ;:"" p"art of the :-.C.C ization. legal ~ \any kinds of ." ;.employees vi ,l.~~alth, ;;,-.,~.:.:.: IlllSurance for .Whiployees up . [~!'~. to enier . .~~fprofessiona I :;'~."~.'~~~!~'.~'~"~ /' '~;~~~d~~.;';:;~ . Ch'b"d' ,-. 00'" s.. .~. . ~ertake siml ;' ~~~~.!,~iC~ _ I "' - ~?:: .! PUBLIC OFFICERS AND EMPLOYEES: GENERAL PROVISIONS Ch. 112 fully qualified and capable of meeting all servicing requirements. Each local governmental unit may self- insure any plan for health, accident, and hospitaliza!ion coverage or enter into a risk management consortium to provide such coverage, subject to approval based on .;: 112.063 Reimbursement of county employees for actuarial soundness by the Depa~ment of Insurance; educational expenses.-County constitutional officers and each shall contract with an insurance company or and county commissioners are authorized to reimburse professional administrator qualified and approved by ,employees for educational expenses, subject to the fol- the Department of Insurance to administer such a plan. /lowing conditions: (b) In order to obtain approval from the Department .I{~, (1) The coursework must be designed to enhance of Insurance of any self-insured plan for health, accl- ;iihe knowledge, skills, and abilities relating to official dent, and hospitalization coverage, each local govern- [duties which the employees perform. mental unit or consortium shall submit its plan along i;. (2) The reimbursement of educational expenses in with a certification as to the actuarial soundness of the , ~no way obligates the officer or commissioner to grant plan, which certification is prepared by an actuary who ,time off or leave for the taking or completion of such is a member of the Society of Actuaries or the American ":course or program of instruction. Academy of Actuaries. The Department of Insurance .. (3) An employee shall not be permitted to utilize shall not approve the plan unless it determines that the :' any space, personnel, equipment, or supplies of the plan is designed to provide sufficient revenues to ~ay 'r office by which he or she is employed in the process of current and future liabilities, as determined according ; :fulfilling any of the requirements imposed by the to generally accepted actuarial principles. After imple- ~~Icoursework for which he or she is being reimbursed. mentation of an approved plan, each local govern men. :~, ~. (4) The limitations contained in subsections (1 )-(3) tal unit or consortium shall annually submit to the It.: 'shall not be construed to apply to any courses offered Department of Insurance a report which includes a ~by or as a part of an educational program sponsored by statement prepared by an actuary who is a member of any state agency for which the constituti.onal offic~r or the Society of Actuaries or the American Academy of . . fcommissioner is obligated to perform duties prescribed Actuaries as to the actuarial soundness of the plan. The by law, or any educational program conducted in fur- report is due 90 days after the close of the fiscal year . therance of s. 195.002, if such limitations did not exist of the plan. The report shall consist of, but is not limited . .prior to July 1, 1990. to: '1~.Nothing in this section shall be construed as pr.ohibiting 1. The adequacy of contribution rates in meeting h d the level of benefits provided and the changes, if any, I.employees from receiving otherwise aut orlze pe.r needed in the contribution rates to achieve or preserve ~9iem expenses provided for by s. 112.061, nor shall It 'l~e construed as prohibiting the payment of wages oth- a level of funding deemed adequate to enable payment erwise due under the provisions of state or federal law. of the benefit amounts provided under the plan and a 1..;yHlstory.-s. 1, ch. 90-80; s. 686. ch. 95-147. valuation of present assets, based on statement valued' , and prospective assets and liabilities of the plan an ;~:-f112.08 Group insurance for public officers, the extent of any unfunded accrued liabilities. ;tf:-I~mployees, and certain volunteers; physical examina- 2. A plan to amortize any unfunded liabilities. a~d I:~!ons.- a description of actions taken to reduce unfunded habil- ~)f-" (1) As used in this section, the terr~ "I~cal govern- ities. ji.i,.,~ental unit" means any county, muniCipality, ?o'"!1mu- 3. A description and explanation of actuarial .', l~lty college district, school board. or special district or assumptions. iir)y county officer listed in s. 1 (d), Art. VIII of the State 4. A schedule illustrating the amortization of any ilConstitution. unfunded liabilities. r(2)(a) Every local governmental unit is authorized 5. A comparative review illustrating the level of ,to provide and payout of its available funds forall or funds available to the plan from rates, investment ip-art of the premium for life, health, accident, hospital- income, and other sources realized over the period 'iZation, legal expense, or annuity insurance, or all or covered by the report with the assumptions used. . any kinds of such insurance, for the officers and 6. A statement by the actuary that the report IS employees of the local governmental unit and for complete and accurate and that in the actuary's opinion ,health, accident, hospitalization, and legal expense the techniques and assumptions used are reasonable 'insurance for the dependents of such officers and and meet the requirements and intent of thiS subsec- lemployees upon a group insurance plan and, to that tion. end, to enter into contracts with insurance companies 7. Other factors or statements as required by the ~r' professional administrators to provide such insur- Department of Insurance in order to determine the ~!1ce. Before entering any contract for insurance, the actuarial soundness of the plan. .<5cal governmental unit shall advertise for competitive tilds'. and such contract shall be let upon the basis of All assumptions used in the report shall be based on ~Ch bids. However, the local .9overnm~ntal unit may recognized actuarial principles acceptable to the !l,dertake simultaneous negotiations With those .com- Department of Insurance. The Depart~ent of Ins~r- ~nies which have submitted reasonable and timely ance shall review the report and shall notify the admln- Cfs'and are found by the local governmental unit to be istrator of the plan and each entity participating in the 873 bursed for travel expenses pursuant to s. 112.061 for the purpose of educating and informing the public as to the Cabinet member's official duties. HIstory.-s. I, ch. 80.212; s. 685. ch. 95-147. ,:a I' ,~ . , I ~ , '.' .1 J:} '!.1 ~ is ;... '. ATTACHMENT "B" 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. Territorial boundaries (re- served). Editor's note-'Territorial boundaries of the city have not been set out in this Code at the time of the 2000 republication. 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 (reserved). All property annexed to the City of Winter Springs, Florida, since the adoption of the Char- ter of 1972 through 1996/7. Editor's note-A listing of ordinances annexing property to the city is not included herein at the time of the 2000 republication, but annexation ordinances are available in the office of the city clerk. Section 2.03. Annexation [procedure]. The commission of the City of Winter Springs, Florida, may propose by ordinance to annex an area of contiguous, compact, unincorporated land to the territorial limits of the municipality; or upon petition by all landowners of real property which is contiguous, reasonably compact and un- incorporated, the City of Winter Springs, may annex said land to the territorial limits of the municipality by ordinance. The procedure to be followed in the annexation of territory shall be as set forth in Chapter 171, Florida Statutes as it now exists or as it may be renumbered or amended. ARTICLE III. POWERS OF THE CITY Section 3.01. [Generally.] The city shall have all powers possible for a city to have under the constitution and laws of this state as fully and completely as though they were specifically enumerated in this Charter. CHARTER 94.02 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 practica- ble. (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. (Ord. No. 494, S 1, 8-13-90) Note-See the editor's note following 9 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 separate ordinance divide the city into five (5) geographical 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 commission shall appoint seven (7) city electors determined from the registration of the last reg- ular election, one (1) to be appointed by each commissioner from his/her respective district, and two (2) appointed by the mayor from the city at large, who shall comprise the districting commis- sion. Electors chosen shall not be employed by the city in any other capacity. The initial districting commission, creating and establishing the first commission districts, shall be appointed by each commissioner 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 3 S 4.02 WINTER SPRINGS CODE districting commission, creating and establishing the first commission districts, shall file such re- port within ninety (90) days of appointment. Thereafter, such reports shall be filed within one hundred twenty (120) days of appointment to the districting 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 insofar as practical or possible, or other boundaries available. (2) The districts shali be based upon the principle of equal and effective represen- tation as required by the United States Constitution and as represented in the mathematical preciseness reached in the legislative apportionment of the state. (3) The report shall include a map and de- scription of the districts recommended and shall be drafted as a proposed ordi- nance. 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 commission's consideration of the report shall be the same as for other ordinances, provided that if a summary of the ordinances is published pursu- ant to this Charter and general law, it must include both the map and a description of the recommended districts. <0 Failure to enact ordinance. The city commis- sion shall adopt the redistricting ordinance at least one hundred twenty (120) days before the next city election. If the city commission fails to either accept or reject the redistricting ordinance, the report of the districting commission shall go into effect and have the same effect of an ordi- nance. 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. (g) Effect of enactment. The new commission districts and boundaries as of the date of enact- ment shall supersede previous commission dis- tricts and boundaries for all purposes; provided all incumbent commissioners shall continue to hold office for the entire term to which elected notwithstanding any change in commission dis- trict and boundaries. (Ord. No. 494, S 1,8-13-90) Editor's note-Ord. No. 494, S I, adopted Aug. 13, 1990, provided for the amendment of Char. SS 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 Monday after the first day of December of each year an election is held. (b) City commission seats are hereby desig- nated as seats one, two, three, four and five. The commissioners elected to serve on the city com- mission 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 simultaneously with the referendum election held pursuant to Section 166.031, Florida Statutes at which this Charter provision was approved by the electorate shall serve as commissioners and mayor for a three-year term; at the first election held under this Charter the remainder of the previ- ously elected two-year term positions shall be for three (3) years. (d) All commissioners and the mayor shall be limited to three (3) terms, to be served consecu- tively. (Ord. No. 548, S HExh. A), 9-13-93) Editor's note-Section I ofOrd. No. 548, adopted Sep. 13, 1993, provided for the amendment of 94.03 to read as herein set out. Such amendment was approved by a majority of the voters at an election held Nov. 2, 1993. 4 ATTACHMENT "C" ORDINANCE NO. 494 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA APPROVING A PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF WINTER SPRINGS, FLORIDA; AMENDING ARTICLE IV PROVIDING FOR CITY COMMISSION DISTRICTS; AMENDING SECTION 2-87 OF THE CODE OF WINTER SPRINGS; PROVIDING FOR RESIDENCE REQUIREMENTS OF COMMISSIONERS; PROVIDING FOR REFERENDUM ELECTION BY CITY ELECTORS TO APPROVE OR REJECT THE AMENDMENT TO THE CITY AND CITY CODE; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. WHEREAS, the Commission of the City of Florida, has previously adopted Ordinance Ordinance amends the present of the City of Florida and provides for referendum approval of Florida Statute 166.031; and Winter Springs, No. 241, which Winter Springs, same pursuant to WHEREAS, the Commission of the City of Winter Springs, Florida, has determined that the best interests of the City will be served by an amendment to Article IV, City of Winter Springs, Florida, and amendment to Section 2-87, Code of Winter Springs, to provide for designated geographical districts for the city commission; and for a distr icting commission to establish and adjust the Commission District boundaries; NOW, THEREFORE, be it enacted by the Mayor and Commissioners of the City of Winter Springs, Florida: Section 1. The following proposed amendments to the Charter for the City of Winter .Springs, Florida, is hereby approved and adopted by the commission for placement on the ballot in the next general election; Section 4.01. COMPOSITION; QUALIFICATION of MEMBERS; and COMMISSION DISTRICTS. (a) Composition. There shall be a city commission of five (5) members and a mayor, each to be elected by the qualified voters of the city at large. Each city commission member shall reside in a designated geographical district, which districts shall contain as equal a number in population as practicable. (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. Section 4.02. COMMISSION DISTRICTS; ADJUSTMENT OF DISTRICTS. (a) Number of districts. The city commission of the City of Winter Springs, Florida, shall by separate ordinance divide the city into five (,5) geographical 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 ci ty commission shall appoint seven (7) city electors determined from the registration of the last regular election, one (1) to be appointed by each commissioner 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 commission, creating and establishing the first commission districts, shall be appointed by each commissioner and the mayor from the city at large. (c) Report; Specifications. The districting commission shall file with the official designated by the city commission a report containing a recommended plan for establishment or adj ustment of the corrunission district boundaries. The initial districting commission, creating and establishing the first commission districts, shall file such report within ninety (90) days of appointment. Thereafter, such reports shall be filed within one hundred twenty (120) days of appointment to the districting corrunission. The commission district boundaries shall comply with the following specifications: ( 1 ) Each district shall be formed of compact, contiguous territory, and its boundary lines shall follow the center lines of streets insofar as practical or possible, or other boundaries available. (2) The districts shall be based upon the principle of equal and effective representation as required by the United States Constitution and as represented in the mathematical preciseness reached in the legislative apportionment of the state. (3) The report shall include a map and description of the districts recorrunended 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 corrunissioner. (d) Support. It shall be the responsibility of the ci ty manager to provide staff assistance and technical data to the districting corrunission. (e) Procedure. The procedure. for the city corrunission IS consideration of the report shall be the same as for other ordinances, provided that if a surrunary of the ordinances is published pursuant to this Charter and general law, it must include both the map and a description of the recommended districts. (f) Failure to enact ordinance. The city corrunission shall adopt the redistricting ordinance at least one hundred twenty (120) days before the next city election. If the city corrunission fails to either accept or reject the redistricting ordinance, the report of the districting corrunission 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 specif ica tions listed in Section 4.02 (c) of this Charter or failure to comply with other local, state or federal law. (g) Effect of enactment. The new corrunission districts and boundaries as of the date of enactment shall supersede previous corrunission districts and boundaries for all purposes; provided all incumbent corrunissioners shall continue to hold office for the entire term to which elected notwithstanding any change in corrunission district and boundaries. Section 2. Section 2-87 of the Code of the City of Winter Springs is hereby amended as follows subject to approval by referendum election: Section 2-87. Qualification of Candidates. Each candidate seeking the off ice of city corrunissioner or mayor or any other elective office. of the City shall file a peti tion signed by fifteen (15) registered voters of the city with the city clerk. Each candidate seeking the office of city 2 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. 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. Notwithstanding the above requirement, city commissioners shall run at large as commission candidates under district designation. 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 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 office shall be open for qualifying for election. Section 3. All other provisions of the Charter and Code of the City of Winter Springs, Florida shall remain in full force and effect. Section 4. The mayor and city commission hereby direct that the proposed amendments to the City Charter and Code of Winter Spr ings, Florida, as set forth in Sections 1 and 2 of this ordinance, be placed on the ballot in the form of a single question, as set forth in Section 6 of this ordinance indicating the chief purpose of the proposed amendments, for approval or rejection by the city electors at the next general election held in the city. Section 5. Such referendum election shall be held in conformance with the laws of the State of Florida and ordinances of the City of Winter Springs, Florida, relating to the amendment of the City Charter. Section 6. The ballot to be used in the referendum election shall be substantially in the following form: PROPOSED CHARTER AMENDMENT PROVIDING FOR COMMISSION DISTRICTS Shall the proposed amendment to the Charter and Code for the Ci ty of Winter Springs, providing that city commissioners shall reside in a designated commission districts of approximately equal population, and further providing that city commissioners be elected at large, approved by the mayor and city commissioners in Ordinance No. 494 on , 1990, be approved and adopted? YES: NO: Section 7. Upon adoption of the proposed Charter amendments by a maj or i ty of the electors voting in a referendum election upon such amendments, the city commission shall have the Charter, as amended, filed with the Secretary of State, at which time the amended Charter and Code shall take effect. Section 8. The provisions of this ordinance are severable and if any section, sentence, clause or phrase of this ordinance shall for any reason be held invalid or unconstitutional the remaining sections, sentences, phrases or clauses of this ordinance shall remain valid and in full force and effect. Section 9. All ordinances or parts of ordinances in conf lict herewith be and the same are hereby repealed. 3 Section 10. This ordinance shall become effective immediately upon its passage and adoption. Passed and adopted this 13th 1990. day of August CITY OF WINTER ~CU14U "^. LEANNE M. GROVE, ATTEST: ~ --:~ CITY 'C{ERK First Reading: July 9, 1990 Posted: July 11, 1990 Second Reading and Public Hearing: Aug. 13, 1990 4 ATTACHMENT "D" ~.: AMENDED ORDINANCE NO. 551 -J.! AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, ESTABLISHING A FEE TO BE PAID EACH MEMBER OF A BOARD APPOINTED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ESTABLISHED CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE. WHEREAS, the City Commission of the City of Winter Springs, Florida, is desirous of reimbursing each person appointed by the City Commission to a volunteer City board; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA AS FOLLOWS: SECTION I - That each person appointed by the City Commission for the City of Winter Springs, Florida, shall receive the sum of$25.0Q~for each meeting of the Board the person attends as reimbursement for all expenses incurred in attending the meeting. SECTION 11- That any person who is a member of an appointed City Board shall have the right to waive acceptance of any reimbursement. SECTION III - That any ordinances or resolutions in conflict here- with are hereby repealed to the extent of the conflict. All ordinances or resolutions pre-existing this ordinance and setting the fees or reimbursements for any appointed board in the City is hereby repealed. SECTION IV - This ordinance shall take effect upon passage. Passed and Adopted this 24th day of January , 1994. CITY OF WINTER SPRINGS, FLORIDA ATTEST: ~ ?r11~:t r ~71:::; CIT C ERK First Reading Posted Public Hearing Posted Public Hearing & 2nd Reading Sept. 27, 1993 Oct. 1, 1993 & 2nd Reading 12/13/93 12/15/93 1/24/9LI ATTACHMENT "E" CITY OF WINTER SPRINGS REQUEST FOR TRAVEL REIMBURSEMENT NAME: JAMES McSHEA CONFERENCE ATTENDED: DISTRICTING COMMISSION" DATE ATTENDED: LOCATION: LIST OF EXPENSES: (Attach receipts for all expenditures for transportation, meals and lodging or a signed statement listing expenses for which no receipts are available.) TRANSPORTATION: USE OF PERSONAL VEHICLE 51 MILES @ $.29/MILE $ 14.79 $ $ $ $ $ $ $ $ $ 14.79 {$ {$ $ 14.79 PREPAID AIR TRAVEL: LODGING ACCOMMODATIONS: OUT OF POCKET: PREPAID: MEALS OR PER DIEM: TIPS/GRATUITIES: TELEPHONE: OTHER REIMBURSEABLE EXPENSES: PARKING TOLLS SUB-TOTAL: LESS: PREPAID TRANSPORTATION PREPAID LODGING ACCOMMODATIONS NET REIMBURSABLE EXPENSES: SIGNATURE: DATE: LINE CODE: 1110-54010 VENDOR NO.: APPROVED BY: DATE: DATE PAID: CHECK NO.: JANUARY 18, 1996 Debbie Gillespie From: Sent: To: Subject: McShea Jim [Jim.McShea@swpc.siemens.com] Friday, March 16,2001 2:00 PM Debbie Gillespie Inspection of boundaries Debbie, the following is a listing of dates and miles driven to inspect the five districts as outlined by Mr. LaBlanc's, Coordinator meno dated 2/13/01 to the City Manager.(Attachment C). Saturday.. 3/3/01.....17 miles, Saturday.. 3/10/01...18 miles and Sunday.. 3/11/01.16 miles. Regards...........Jim McShea 1