HomeMy WebLinkAboutOrdinance 2004-37 Early Voting Exemption
ORDINANCE NO. 2004-37
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA AMENDING THE
CITY OF WINTER SPRINGS CODE OF ORDINANCES,
CHAPTER 2, ADMINISTRATION; EXEMPTING THE CITY
FROM THE PROVISIONS OF SECTION 101.657, FLORIDA
STATUTES, REGARDING EARLY VOTING BY CREATING
A NEW SECTION 2-96 ENTITLED "EARLY VOTING
EXEMPTION;" PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS,
INCORPORATION INTO THE CODE, SEVERABILITY, AND
AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, ofthe State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, the Florida Legislature has adopted revisions to section 101.657, Florida
Statutes, requiring supervisors of elections to provide early voting to its electors; and
WHEREAS, the Florida Division of Elections, in an informal opinion to the City Attorney
dated July 23,2004, authorized that the City may opt out of the provisions of the Florida Election
Code not expressly applicable to municipalities, and specifically, the early voting requirements; and
WHEREAS, the City Commission finds early voting would impose a financial burden on
the City and that it is in the best interests of the City to opt out of the early voting requirements; and
WHEREAS, the City Commission desires to create a new section 2-96, of the City Code,
entitled "Early Voting Exemption;" and
WHEREAS, the City Commission ofthe City of Winter Springs, Florida, hereby finds this
Ordinance to be in the best interests ofthe public health, safety, and welfare ofthe citizens of Winter
Springs.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section 1. The City of Winter Springs Code, Chapter 2, Administration, is hereby
amended as follows: (underlined type indicates additions and st1ikcout type indicates deletions, while
asterisks (* * *) indicate a deletion from the Ordinance of text existing in Chapter 2. It is intended
that the text in Chapter 2 denoted by the asterisks and set forth in this Ordinance shall remain
unchanged from the language existing prior to adoption of this Ordinance).
City of Winter Springs
Ordinance No. 2004-37
Page 1 of3
CHAPTER 2. ADMINISTRATION
***
ARTICLE IV. ELECTIONS
***
Sec. 2-96. Early Voting Exemption.
The City of Winter Springs is hereby exempt from the early voting provisions of section
101.657. Florida Statutes. From time to time. the City may contract with the Seminole County
Supervisor of Elections to conduct early voting for the City of Winter Springs at the office of the
Supervisor of Elections and any other early voting sites the Supervisor may establish in public
libraries and/or city halls.
Section 2. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances
and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 3. Incorporation Into Code. This ordinance shall be incorporated into the
Winter Springs City Code and any section or paragraph number or letter and any heading may be
changed or modified as necessary to effectuate the foregoing.
Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this ordinance.
Section 5. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to the City
Charter.
ADOPTED by the City Commission of the City of Winter Springs, Plorida, in a regular
meeting assembled on the 23rd day of August 2004.
JOHN F. BUSH
Mayor
ATTEST:
City of Winter Springs
Ordinance No. 2004-37
Page 2 of3
ANDREA LORENZO-LUACES
City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only:
Anthony A. Garganese, City Attorney
First Reading: Augus t 9, 2004
Second Reading: August 23, 2004
Effective Date: See See tion 5.
City of Winter Springs
Ordinance No. 2004-37
Page 3 of3
NOTICE OF PUBLIC HEARING
CITY OF
WINTER SPRINGS, FLORIDA
NOTICE IS HEREBY.GIV-
EN bv the Citv Commission
of the Citv of Winter
Springs, Florida that said
Commission will hold a Pub-
lic Hearing for Adoption of
an Ordinance entitled as fol-
lows:
ORDINANCE NO. 2004.37
AN ORDINANCE OF THE CITY COM.
MISSION CITY OF WINTER
SPRINGS FLORIDA AMENDING
THE CITY OF WINTER SPRINGS
CODE OF ORDINANCES, CHAPTER
2, ADMINISTRATION; EXEMPTING
THE CITY FROM THE PROVISIONS
OF SECTION 10l.657, FLORIDA
STATUTES. REGARDING EARLY
VOTING BY CREATING A NEW
SECTION 2.96 ENTITLED "EARLY
VOTING EXEMPTION;' PROVIDING
FOR THE REPEAL OF PRIOR INCON.
SISTENT ORDINANCES AND RESO.
LUTlONS. INCORPORATION INTO
THE CODE, SEVERABILITY. AND AN
EFFECTIVE DATE.
This Public Hearing will be
held at 6:30 p.m. on August 23,
2004 or as soon thereafter as
possible In the Commission
Chambers, Citv Hall. 1126
East State Road 434, Winter
Springs, Florida 32708.
Coples of the proposed Ordi-
nance are available in the
office af the Cltv Clerk for
inspection, Interested par-
ties mav appear at this
hearing and be heard with
respect to this proposed Or-
dinance.
Persons with disabilities
needing assistance to partic-
ipate in any of these pro
ceedlngs should contact the
Emplovee Relations Depart-
ment ADA Coordinator 48
hours in advance of the
meetlng at (407) 327-18OO.
This is a public hearing.
If you decide to appeal any
recommendation/decision
made by the City Commis.
sion with respect to any
matter considered at this
meeting, you will need a re-
cord of the proceedings, and
for such purposes, you may
need to ensure that a verba-
t!m record of the proceed.
ings is made upon which the
appeal is based. Interested
parties are advised that
they may appear at the
meeting and be heard with
respect to the proposed Or
dinance.
CSE5795024 8/12/04
Orlando
Sentinel
Published Daily
State of Florida } S.S.
COUNTY OF ORANGE
Before the undersigned authority personally appeared Linda Bridgewater
, who on oath says
that he/she is the Legal Advertising Representative of Orlando Sentinel, a dally
newspaper published at ALTAMONTE SPRINGS in
SEMINOLE County, Florida;
that the attached copy of advertisement being a NOTICE OF PUBLIC
in the matter of Ord 2004-37
in the SEMINOLE Court
was published in said newspaper in the issue; of 08/12/04
Affiant further says that the said Orlando Sentinel is a newspaper published at
ALTAMONTE SPRINGS in said
SEMINOLE County, Florida,
and that the said newspaper has heretofore been continuously published in
said SEMINOLE County, Florida,
each week Day and has been entered as second-class mail matter at the post
office in ALTAMONTE SPRINGS in said
SEMINOLE County, Florida,
for a period of one year next preceding the first publication of the attached
copy of advertisement; and affiant further says that he/she has neither paid
nor promised any person, firm or corporation any discount, rebate,
commission or refund for the purpose of securing this advertisement for
publication in the said newspaper.
The foregoing instrument was acknowledged before me this 12 day of
Aug , 2004, by Linda Bridgewater
who is personally known to me and did take an oath.
(SEAL) Beverly C. Simmons