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HomeMy WebLinkAbout1988 05 02 Workshop -- \\ U ~. . ~. . I~. ""'" \~ ~ I ~ ~. .... ,:' .' . e ': '.' ,: ~ ...r..r ~, ,:, ~::-.~- .j.. ~ ~;.,.).. ..- ~ .. ,.- o. -1.' .-:.. e ." .. ~ I' ~ . :f-Jl~""_... . . . .\,..... _ .. .<.' _' . '., '.' .. ~... .' , "." .':If"" ..~~... . . . '.-' _.. . ...... . .' . . . -....;.. ~".. ..t.J....; i-' .. -:~,.. '. . \ ' " . ; '. ~. . i . -:.'~- . . HOLn:iHAT~PRA'(~~tt13~'J~~REND:':il',-,~ , &.. . ...... .. to. :-...";;. ...... . -'. ..... ~'- . . . .' ...- . AND STOW THAT FLA(fWHILE ;YOU~RE~',-:,:, , I I tl . A! IT. Dontt ~xpect the countts cha.rter',a.d.j' :~ vlsory committee to wax eloquently about, God and country as they draft a blueprint for.~ · our future. government. ~eIhbers. decided ... . weeks ag.o against start~ng each ~.!n~e~~ng"'1...; with a prayer and the Pledge of. Alleg~arice;to,./~; the Flag. Member 'Bob Web~er c9.~\d;tlo~get,...{: anyone to second his first motion' on the.mat.. . :; ter~'. atid,.w~en~:he:_ tried ;~g~~b!1t~~Xyoted.'" 'j down'13 to 2' .~': =- ' fi J J l .~ r. ;, ..t~j~'u.,"J!;'1~';':~' r::':~ "'lit. ..' . . ~ :, 0" ,.t 'I.!.. ... ~'-f....' ,.iC:":"t..~':';~. · '. , ... .. t'f I ~ ~.'- ~.f ....., ~...:.,...."".....,,-~.: i......~..,.J.(l....f1iJ 'i'-, 1 _' . 1 .., _ ,.. 2 '.. ..,~ ;lI':~. , ~\.J...J'I-l' ,to l" 'f': '.,';': 'l:~'4 i.: :(:k~ 1(:" .~_.... ........ ",! \ . j': .1: ,:,:".,;". .t9~~t~t l:~._~;":(].? .~. . ~~\::;.t~~ I ~'1 I . , " . '.f~.. .... .!' . "...".:t ..,~ J~/';f~. .~'11~~i~~ ", #~'~l . e e March 25, 1988 l'I~;~~I2;iiWI~@n p,. ~_JI ~, U h,) . APR1 1988 e ROBERT N. "BOB" WEBSTER 3435 Holiday Avenue Apopka, Florida 32703 .enx OF r/iNTER ,"J"I'.'r~ '..0 A .'..".1.). GITY jf.;U. The Honorable Lee Ann Grove Mayor, Winter Springs 1126 E. SR 434 Winter Springs, Florida 32708 Dear Mayor Grove: As you know, the Seminole County Commission appointed a Charter Advisory Committee to recommend to the Board of County Commissioners the type and structure of Charter Government Seminole County should have. The County Commission can accept OUr committee's entire recommendation, accept part of it and make any changes it desires, or not accept OUr Charter and put their OWn desired Charter on the ballot in the fall. - Charter Government will have dramatic and far reaching effects on the seven Municipalities in Seminole COunty, including impacting the recent COurt decision which Upheld the Home-Rule Provisions of the cities OVer the county'S desire to impose its will unilaterally. The County Commission, in its infinite wisdom, specifically banned any elected Officials or City Representatives from serving on this committee. Charter Government drastically alters the efficiency of cities under Home Rule, and makes their laws subservient to those of the County Commission, effectively eliminating your Home-Rule POwers. There are some of us on the Charter COmmittee, including myself, who feel that the cities are not represented on OUr committee due to the structure of the apPointments. Therefore, in fairnes, to YOur elected officials and the taxpayers of Your city, 1 am requeSting that you as Mayor take a leadership role in determining the current status of OUr Charter Committee. I am asking that you arrange up to one hour to allow me and Marilyn Crotty, Chairman, to address you and your Commission as to the discussions of the Charter Committee, its timetable for completion, and the potential pros and cons for Your city and OUr county as a whole. To as sis t you, I am encloSing a copy of F. S. 125 pert aining to Chart er Government, and Would appreciate you distributing it and a COpy of my letter to your Commission or Council Members. Please Contact me at 299-4287. Thank yoU for YOur consideration. e Enclosure Robert N. Webster, Member Seminole County Charter Government Committee e TITLE XI COUNTY ORGANIZATION AND INTERGOVERNMENTAL RELATIONS CHAPTER 124 COMMISSIONERS' DISTRICTS who reside in the same county commission district as the commissioner; or (b) Thel?~2r<!. ~l E-o!:l~!y_cq!11rn!Ssi.olJers_s.h_aILb.e..in. creased from five commissioner~ to_sevelLCOrnrnisW[l' ~rs. .wTih-five-ofthe -seven.commissioners residing one In each of five county commission districts, the district~ together covering the entire county and as nearly equal in population as practicable, and each commissioner be- ing nominated and elected only by the qualified electors who reside in the same county commission district as the commissioner, and with two of the seven commis- sioners being nominated and elected at large. (2) All commissioners shall be elected for 4-year terms which shall be staggered so thaI. alternately, one more or one less than half of the commIssioners elected from residence areas and, if applicable. one of the com- missioners elected at large from the entire county are elected every 2 years. except that any commissioner may be elected to an initial term of less than 4 years if necessary to achieve or maintain such system of stag- gered terms. (3) A proposition calling for single-member repre- sentation within the county commission districts of the county shall be submitted to the electors of the county at any primary, general, or otherwise-called special election, in either manner following: (a) The board of county commissil)ners may adopt a formal resolution directing an electIon to be held to place the proposition on the ballot. (b) The electors of the county may petition to have the proposItion placed on the ballot by presenting to the board of county commissIoners petitions signed by not 124.011 Alternate procedure tor the election of less than 10 percent of the duly qualified electors of the county commissioners to provide for single-member county. The number of signatures requIred shall be de. representation.- termined by the supervisor of elections according to the (1) County commissioners shall be nominated and number of registered electors in the county as of the elected to office in accordance with the provisions of s. date the petitioning electors register as a political com. 124.01. or as otherwise provided by law. unless a propo- mittee pursuant to subsection (4). sition calling for single-member representation within (4) The electors petitioning to have the proposition the county commission districts is submitted to and ap- placed on the ballot shall register as a political commit. proved by a majority of the qualified electors voting on tee pursuant to s. 106.03, and a specific person shall be such proposItion in the manner provided in this section. designated therein as chairman of the committee to act Such proposition shall provide that: for the committee. ~:; (ak Fiv~ county commissioners shall reside one in (5) Each petition form circulated for single-member -- (each of rive county commission districts, the districts to. county commissioner representation within the county gether covering the entire county and as nearly equal in shall include space for the printed name, signature. and population as practicable; and each commissioner shall address of the elector and shall include the wording set be nominated and elected only by the qualified electors forth in paragraph (a) or paragraph (b): 714 124.01 Division of counties into districts; county com. missioners. Alternate procedure for the election of county commissioners to provide for sin- gle-member representation. Notice of change of boundaries of district to be given by publication. Description of district boundaries to be fur. nished Department of State. 124.011 124.02 124.03 - 124.01 Division ot counties Into districts; county commissioners.- (1) There shall be five county commissioners' dis- tricts in each county, which shall be numbered one to five, inclusive. and shall be as nearly equal in proportion to population as possible. (2) There shall be one county commissioner for each of such county commissioners' districts, who shall be elected by the qualified electors of the county. as provid- ed by s. l(e), Art. VIII of the State Constitution. (3) The board of county commissioners shall from time to time, fix the boundaries of the above districts so as to keep them as nearly equal in proportion to popula- tion as possIble: provided, that changes made in the boundaries of county commissioner districts pursuant to this section shall be made only in odd-numbered years. (4) County commissioners' districts now existing shall remain as now constituted until changed by the board of county commissioners, as provided by the con. stitution and in this chapt€~ (5) ThiS section shall not apply to Dade County. Hllto,.,. -n I. 2. ch 3723. 11181: RS 573. GS 785: RGS I~: CGl 21.1; I. I. ch 24100. 1941. . I. ch. 59-459: s. 8. ch 69-216. e F.S. 1987 COMMISSIONERS' DISTRICTS Ch. 124 e (a) "As a registered elector of _ County, Florida, I am petitioning for a referendum election to determine whether the five county commissioners of said county shall be elected from single-member districts by elec- tors residing in each of those districts only: (b) "As a registered elector of _ County, Florida, I am petitioning for a referendum election to determine whether the board of county commissioners shall be in- creased from five to seven members, with five of the county commissioners of said county being elected from single-member districts by electors residing in each of those districts only, and the remaining two being elect- ed al large: (6) Upon the filing of the petitions with the board of county commissioners by the chairman of the commit- tee, the board of county commissioners shall submit the petitions to the supervisor of elections for verification of Ihe signatures. Within a period of not more than 60 days, the supervisor of elections shall determine whether the petitions contain Ihe required number of valid signa- tures. The supervisor of elections shall be paid by the committee seeking verification the sum of 10 cents for each name checked. (7) If it is determined that the petitions have the re- quired signatures, the supervisor of elections shall certi- fy the pelitions to the board of county commissioners, which shall adopt a resolution requesting that an elec- tion date be set to conform to the earliest primary, gen- eral, or otherwise-called special election that occurs not less than 30 days after certification of the petitions. If it is determined that the petitions do not contain the re- quired signatures, the supervisor of elections shall so notify the board of county commissioners, which shall file the petitions without taking further action; and the matter Shall be at an end. No additional names may be added to the petitions, and the petitions may not be used in any other proceeding.. (8) No special election may be called for the sole purpose of presenting the proposition to the vote of the electors. (9)(a) In a county in which the board of county com- missioners is composed of five members, each to be eJected from single-member districts, the wording of the proposition on the ballot shall be as follows: Shall the five members of the board of county com- missioners of _ County, Florida, be elected to office from Single-member districts by electors residing in each of those districts only? _ Yes No (b) In a county in which the board of county commis- sioners is to be increased from five to seven members, with two of the seven members to be elected at large, the wording on the ballot shall be as follows: e e Shall the board of county commissioners of _ County, Florida, be increased from five to seven mem- bers, with five of the seven members to be elected to office from single-member districts by electors residing in each of those districts only, and with the two remain- ing members being elected by all electors within the county at large? _Yes _No (10) Any county adopting one of the propositions set forth in this section may thereafter return to the proce- dures otherwise provided by law by following the same procedure outlined in subsection (3). (11) No county commissioner elected prior to or at the election which approves any revision as permitted in this section shall be affected in his term of office. The resolu- tion adopted by the board of county commissioners un- der paragraph (3)(a) or subsection (7) which presents the proposed revision 10 the electorate for approval shall specify an orderly method and procedure for implemenl- ing the revision contemplated in the resolution. HlalOfy.-1 1. Ch 84-224: I 16. ch 85-80 124.02 Notice of change of boundaries of district to be given by publication.- (1) Whenever the boundaries of existing county commissioners' districts are, from time to time, changed by the board of county commissioners, it shall cause an accurate description of the boundaries of such districts, as changed, to be entered upon its minutes and a cert;- . fied copy thereof to be published once each week for 4 consecutive weeks (four publications being sufficient) in a newspaper published in said county. (2) If there be no newspaper published in such coun- ty, then three copies of said minutes shall be posted for 4 consecutive weeks in three different and conspicuous places in such county, one of which shall be at the front door of the courthouse. (3) Proof of such publication or posting shall be' en- tered on the minutes of the board. The publication or posting of such copy shall be for information only and shall not be jurisdictional. HIIlory.-1 5. Ch 3723. 1887. AS 575. GS 766. AGS 1.70. CGL 2148. I 1. Ch 24108. 1947. 124.03 Description of district boundaries to be fur- nished Department of State.-Whenever the bounda- ries of existing county commissioners' districts are. from time to lime, changed by the board, it shall cause its clerk to forthwith furnish the Department of State with a certified copy of its minutes, reflecting the description of the boundaries of the districl, as changed, which shall record a description of such boundaries in its office in a book kept for that purpose. H1IlO'Y.-I 6. ch. 3723. 1887. AS 576 GS 767 AGS un CGL 2149: I 1. ch 2.108.1947: II 10.35. ch 69-1Oti 715 F.S. 1987 COUNTY GOVEnNMENT Ch. 125 e I 1nes nol unfairly rfir;climinalc ~Il)ainsl any c1;1' .; Vllhl;lls (?) lis nel sllall nnl iJ(~ cOnSlnl(~d tn 11Iol1il ;lny '~"ll'loY"I. IlI:llldill!l a 101:;11 '1flV(~IIllI1PIII.I/l"n illv 'S"~FII III\] 1I1(~ iJa '\JlllIlnrf 01 elllployees or PIO~;P(: Ive CIII' pln)'ccs or It, 11 rcrjllllilll) clllployees 10 callY III idenlifi. calilln clId 01 'egislralion card. Ui~lofY.,. 'is I, '2. d Al;t'r,') 'flolf!. "..,1....10.11'11 hv 'i I,? (,11 Uti 2!,n, IJli~; ~;pc;hollll' d~1 11'111.11'.111'11 ill ~ Hi(i (I.,. . 125.59 Special gr. 1d jlllY lund. (I) Ille IlOan!s 01 (; IlIty COlli lissioncrs 01 tllc [c. spcclive counlics me Iler y au orizcd 10 budge I and expend counly hllll.ls lor 1111 er ..alion amJ usc 01 a spe CI<II \]1 and jlll y 1 und. (2) Il1e Inoneys 01 1I11~ ,pe 'al grand jury fUlld may he used by any orand ju in Ille 'ounly, in tlleir discro. lilln. in illvesliqnling IIIB and 0 orcin!l tile climinal laws. Illl~ 1I1nnd jlllY O;IY employ sl .cial invpsliqators ilIld sflccialle\Jal L Insel amI rOilY pay II expcnses inci. dr'nl;\llo ;,llell p pm;cn; provided. 111011 10 e>:pcndilure shall lie made 1II10ul Il1e npploval 01 n ajmily 01 IIH) IIIl~mbel S 01 Ie gr aod jllIY. whose vote . lall lie rec. orded in II . minules 01 tile grand jllly's prOL (~dings. (3) 1 . rnolleys in Ille specinl grand jIHY" 1d shall hp. pn lie 10 Ihe grand jIHY on Iheir order upon a olleh. VI IJ "\J presenled 10 Ihp. clelk of Ihe cirCllil wi, si( ed by IIle fOleulan alld by a melllber 01 Ihe gr d y desl~lnnled as glClnd jlllY Ireasllrer. IIhllory... s I,dl Gl .1(:G e [,Allf II SELr -GOVErlNMENl 125 GO 12561 12562 125 G3 1256.1 12566 Adorlion 01 counly chillier. Char 1m corrllnissiorl. CII<1IIp.1 corlHlIission; orqw lizalioll. I'IO[losal of county cha'-Ier. AcJol'lion 01 charlr!r; disnolulion 01 commission. Ordlllancr.s; enaelrnerrl procedlHr.; clllergency ordinnnces; rezoning ordinances 01 rcsoh I. lions Lilllilalion on subjecl and rnaller elllbraced in ordi,wllces; fHnendrnenls; enacling clause. C"dificalion of OIdinances; puulic record. I'enallies 1(567 125 GO 125.69 125.60 Adoplion 01 county chnrter..-.AIlY cOllnly 1101 ",lVlIl\! a chf"ulclCd lorlll 01 consolidated \IoVe/lHIIl!lIt IlIay. IJlIISuillltlo Il1e provisions 01 ss. 125.60 12561\.10' cally iniliale flllll adopllJY a rnajority vole ollhe qualified ch]clols of thn county a coullly homo rule charier. Iliuory. s I, ell 1,~1 .'5 e 125.61 Chllrler commission.- (I) f qllqwilllJ Ihe <1r1llplion 01 a resolulion by Ihe hoard 01 eoullly COllllllissionCls or UpOIl lilt) ~,ullIlIission 01;) prdlliOlllolhe COllllly commission siqned by alleasl 15 pr.'1 l;(JII I of II(() rl'la""ed electors 01 Ihe counly reo fjlJeSlllHj Ihal a cllflrlcr cOllllllission be eslablisllCd. n C"'lIler COllllllis~;illn shall he appoillted fHusllanllo suI>. seclion (:l) Villllln JU days ollhe adoption 01 said ICsolu. 11011 or 01 lile filing of said petition. (?) (he Ch,lItl~r comlllission sllalll)() cnrnpo";0r1 01 iln odd Illllnbel of no I lens IIlnll 11 or 1II0le lhan I', 1I11~1I1 b(~r~;. IIw IIH)nlb(lr~> of II Ie conllllission shilllbl~ ;'I)I",illl (!d by 1111: bn;1I1' nf l:lJIII lly Corllll",;~;ioll(:IS 01 :;"irJ UJllld; or. if :;0 dllcl;ll:d in tile inilialivr: pclitiolt. hy 1111] II:qdil live dele~Jallon No mellllJer of tile Legislalure or bo,lld of counly cOllllllir;sioners 511;111 be a melllhor of llie cl1,lI' ler cOInlllission. Vacancip.s Sll<111 be filled wilhin :30 days ill IIle SillllC 11I,II111cr as the oliqinnl <1f>poilllmenls. fIl5Io,V."s 2.1:11 (j9 '15, S I,ch 73290.5 l,ch l'1-2J~) 125.62 ChillIer commission; organizalion.-- (I) A char ler cO/lllllission appoillled plllsuanl 10 s. 125.61 shall rneellor Ihe plllpose oJ OIqanizalloll will1ill 30 d,lYs allPI IIle ;ll '[loilllmellls hnve bcen made I ile cliarler comlllissioll shall cIcci a chainllall alld vice chairman frO/ll <1lllong ils membership. rllllher rne~liltqs of Ihe cOllllnissioll shall be held upon the cnll 01 IIle chairnwn or a Illajorily ollhe 1ll()Inbers 01 lIH~ (;Ollllllis. siolt AllnH!plill\/S :;I1~llIllc 1'1'(:11 In 'he [llllJlrc A 1l1;lj",ily ollhe mClnbel:; "lllle c1wller COllllllission Sllilll cO/l';li IIllc il qllorlllll. Ihe comlllission Iltay ndopl sllf;h nllll'r rilles lor ils opcralions and 11Iocecdinys;ls il dP()IIlS rJ(l' sir able. Members 01 Ihe cOlllmission shall receive 110 cOlllpensalion bllt shall be reimbursed for necessmy ex. penses plllsuanl 10 law. (2) Expen:;es of Ihe chmiel cOlllmisnion sllnllbe vI:r. Hied by a majOlily vole of Ille COllllllission 101 W;:II(1r!r I 10 Ihe l10nrd of cnllllly eomrllissioners for pnymenl from the general fund ollhe counly. Tile charIer conllllission Illay employ a sin". consult nnd retain exp'Jrls. nnd 1""' chase. lease. or olllerwise provide lor such sllppllCS. 1ll3lerials. equiplllenl and facililies as il deems ne(;('s. sary and desilable.llle board Ilf counly comnlissiol101 s mny accept lunds. grants. gills. alld services for 1111: c1lmler commissioll from Ihe slalc. Ill() Government of the United Slnles. or olller SOlllces, public 01 privflle Jlhlory.- 5 :J. t.h ljq 4f,. 125.63 Proposal 01 counly charll!r.-Ihe char ler cOllllnissioll sllall cOllrhlcl n COIllIHP!wlIsivn sillily olll1e opera lion of cOllllly governmenl allel 01 IlIe ways in whichllle cOllduel of C(JllIlly ~Joverrllnenlmiglll Ill) illl proved or reorgallized. Witllin 10 monllls 01 ils inilifll meelill!J. IInless such time is er-Iended by applOpl iilte ICsolulion of IlIe 1J0ald 01 cOI!nly cOlllmissioners, IlIe cllarler cOlllmission shall preser'lllo Ihe board 01 counly commissioners a proposed charier. upon which it sllall lIave helel IIl1ee pulJlic hearings nl inlervals of nol less 111<111 III nor rll"": IIlan 20 dnys. At 1I11~ filial hcalill\I IIle cllarler cOlllmission sllall incOl porale allY alllenelr lie II I s il deems desirable. vole upon a proposed charier. and forward said cllarler 10 IlIe board of county COlllmission. ers for Ihe holding 01 a relerellChlln eleclian as provided in s. 125.64. tt1.10(Y.-'S J. ell m ~5. S 2. ell 7J 290 125.64 Adoption of charIer; dissolulion 01 commis- sion.- (I) Upon sllbmission 10 IlIe board of cOllllly commis. siollers 01 a cllaller lJy IlIe cllallm COllllllissioll. 1IlP. bonrd 01 counly commissioners sllflll call a special elec. tioll 10 be held not more lhfln 90 nor less Ihan 1\5 days subsequenl 10 its receipl of IlIe proposed cll,lIl!!l. al 735 Ch. 125 COUNTY GOVERNMENLu F.S. 1987 e whir.h special e1eclioll a /(~I('relldum 01 Ill(' qllalifi(~" elcch)l~ will1ill the cOllllly !;hall b(~ held 10 delcrlllillc wlll~tller Il1e proposed char II!r "hall be adopled Nolice 01 Ihc ('I('dioll 011 Ihe I'1(lpo~('d dlOlIlm ~l1all I)(! pllb li~h(''' ill a IH!WSp,lper olll"IH'ral cilClllalillll ill Ilw COIIII ty 1101 less Ihall 30 Ilor IIlOle Ihall tl~) days belore Ihe eleclioll. (?) II alll<ljolily of till)!;!' votilllj 011 tile (l'l(~"li()lllavor till) ad"I'II"11 olll1e Ilew eh;lIl(!r, II ~;halll)(!eoIIH! elfec. live ,J<lllIlillY I 01 Il1e succeeLlill~1 yem or al slIcl1 olher time <IS Ihe cl1mler sl1<1l1 provide. Such chmiel, ollce adopled by Il1e eleclors, m<lY be mnellded ollly by Il1e eleclors olll1e coullly 1 h(' r.l1allm sl1alllll llvide <I lIIelh. od fur f,1I1J1nillillg luhlle cl1mter revisiolls <lIKI amelld lIIellls 10 Il1e ('Ieclors 01 1110. coullly. (3) II a rll<ljorily 01 Il1e volms disClpplove Il1e pro. por.ed cll<lrler, 110 new relercmlull1 lIlay bc l1eld durillg Il1e Ilexl 2 yem s lollowillg Ihe dale 01 sucl1 disClpproval. (tl) UpOIl acc('pl<lllce or rejectioll of Il1e plOposed r.l1all!'lby 111(' qualilied ('leclols,ll1e cl1illlm CUllllllissioll willlJc dissolved, <llld all ploperly ollhe char ler commis. sioll will II I('r ellpon becomc Il1e plopelly ollhe cOlllrly. Illslofr. . OJ .t. (II fi9 .1'1 e 125.66 Ordinances; enilclmenl procedure; emer- gency ordirwnces; rezoning ordinilnces or resolulions. (I) In excrcisinq Il1e nrdin<lnce-.nlilkinq powels con. ferred by s I, ^rt. VIII ollhe Sl<lle Conslilulillll, coullties shilll <ldlww 10 Ihe prucedures I"l!sclibed h0,rein. (2) Ihe re91Jlnr enactJnerrl plocedule shall be <IS fol. lows: 1 he boald 01 ClIllIlly commissioncrs <II <lny ref)ular or sp('ciillnH:elin9 nlilY enact or amend any llrrhnilnce, excepl ilS plovided in sllbseclion (~), ilnollce 01 illlellt 10 consider slIch ordlnallce is qiven <lllensl 15 d<lYs pr ior to s<lid mcelin!J, excludin!J ~;undnys nnd Implltolidays. SlIch notice sh"II be madc by Ihe c1el k 01 lite bmud 01 COllllty commissioners nnd shall be kept ill <I S0,p<lrate bool\ which slmllbe opcnlo public inspeclion durinq Ihe regulmlll";illes,; hows 01 his oflice. Cerlilied copies 01 ordlnilnces or amendmenls IIwrel,) enaclcd unrler this rcyular enaclrnenl procedwe sl1all be filed wilh Ihe lJe. pmlrncnl 01 SI;lle by Ihc clerk of Ihe bomd of cuullly cOll1missillnl~rs wilhin 10 days allm enaclm0,nl by said board <lnd sh<lll take efleel upon receipt of oflicial ac. knowl0,d!IIll()nl from thaI oflice Ihat said OIdinnncl.' has been Iiled. Ilowever, any ordinance may prescribe alai. er elleclive dille. (3) lite cmery()ncy cmclmenl procedwe shall be as lollows: !he board 01 counly commissioners al ilny rcgu- I<lr or r.pccial mceling mny ennd or mllelld <lny ordi. n<lnce, except all ordinance or resolution which rezones pliv<lle real properly or nn ordinance or resolulion which enncls 0' nlllends land use plans, wilh a waiver 01 notice lequil0,mcnls by :] lour-lilllts vole ollhe membership 01 SIlCIt comnl;ssiOIl, declming Ihal all clnerf/ellcy exisls and Ihal IIle immediate enaclmellt 01 said ordinance is necessmy Cerlilied copies 01 ordinances or amend- Inenls lllerelo enacled under Ihis emergency ellacl. Inenl procedllle shnll be filed wilh Ihe Uepnrtmenl 01 SI<lle by Ihe clerk or Ihe bomd 01 counly COllllllissioners as soon <lffer enachncnl hy said board as is praclicable. ^Il erll0rqellcy ordinance ellacled IlIJder Ihis procedure shalllJc deelll('rl 10 I)(~ liled alld slwll lake effect when e a copy II<IS be(,ll <lccept~d by the rOsl;]1 ;llJlhorilies o( till! r,OVCIIl/IIl!III 01 the Ullilerl Slales for speCial dellvl"'i by r"qisl['wd l1I;tillo Il1e ()ep<lrllllelll 01 SI<lle. . . (tl) Nolice a~; 11['I(~ill r.elIOlII1 S 11<1 II I lIe;lIl , III <lrlrI",,", 10 till! plOvi~;i"II'; 1"'IPill (:,,"lairled, pIII,lienli'"lolll,,! Ii IIf! uf Il1e U1dill;l/Il:(! or alllr'Il(!illenl 10 be c,,"sllbcd III a IICWsp<lper 01 qellclal circulalioll wilhin Ihe COlllllv :;aid nolicc sl1;111 ~;Iale Il1e subslarlu' oJ 111[' COllklllpl:ll (!d oldlll,IIICC, lilt) ",l/lIe as requilcrlby r.. 10, ^IIIII 01 Il1e Slale COllsliltllion. (!i) Ordinances or resolutions, initialed hy Ihe hO;lIIl of coullly cOl1llllissiollCfS or ils designee, which rC70ll" priv;]le real properly sl1;]1I be enacled pUlsualll 10 1111' !"II',wing procedure: (a) 'n c<lses in which Ihe proposed rezoning involvrs less tllCln 5 percelll of Ihe 101(11 Jand <lrea 01 Ihe cOlJllly. tile hoard 01 county cOlllmissioners shall direct ils c1elk 10 1I0lily by Illnil ench reClI property owner whose lillld IIle ~Jovernmenlal aqp.ncy will rezonc by enacllllelll oJ Il1e ordillallce or resolution alld whor.e nddress is kllOWII by relcrellce 10 tile ICltesl ad v;Jlorerll lax rccold'; Illll lIolice sl1all sl<lte Il1e sllbslallce vI Il1e proposed Of(1i lIance or resolution <IS il allecls IImt properly OWIICI ,lIld sl1illl sel a lirrl(! alld placc lor one or more pubJir. 111';)1 illq~; on such OIdlllance or fP.soh,lio/1. SlIr:h lIolier) sl1;11I b~ qiven nl le<l.,l :10 days prior II) IIle diJl(' SIll lor 1I1f' public l1earing, nnd a copy of sucl1l1otice sl1;]lIbe kepi availalJle lor pllblic inspection dlllinq Ihe rp.qul;]r hllSI III)SS 110llls olll1e ollice ollhe bO;Jrcf of coullly cOIll/His sioners. ! he bO<lrd or counly corTllllissioners sl1;]lIl1old <I public l1eariny 0I1111c proposed ordillilllce or resohllioll and rllay, upon 1I1p. cOllclusion 01 tile l1earillg, imrllcrJl <ltcly ;]dopl IIle ordin;]l1Ce or rcsolulion. (b) III cases in which Ihe proposed rezoning involve, 5 percenl or l1Iore of 1I1p. 101;]1 Innd area of Ihe counly, Ihe bonrd 01 counly commissioners sl1all provide lor Jlublic lIulice <lnd hearings as lollows: I. ll1e board 01 counly commissioners sl1all hold Iwo advcltised public hearings on Il1e proposl)d OIdl nance or resolulion. Bolli hearinqs slwllbe Ilelel nllpr 5 p.m. on a weekday, and Ihe firsi sl1nll Ill) held <1pproXl Illalely 7 days aller Il1e day Ihal tile lirsl adver liscfIlcnl is pllblisl1ed.llu; second heminq slnllbp. held apploxi rmlely 2 weeks aller Il1e firsl hearing and slmll he mJvel lised approximalely 5 days prior to Il1e public heminq 1 he day. lime, and place al w!rich Il1e secolld plJlJlic heming will be l1eld sl1;)1I be arllloullced alllle first public hearin!.j. 2. -ll1e re(l'liled adverlisemenls shall be no Ips5 limn onc-fluar ler p,H]e in a sl<lr')dard size or a I<lhloid size newsp<lper, and Il1e headline in Ihe adver liselllclIl sh;]lIlJe in a type no smaller Ihan 18 point. !he ndverli,c mClli :;llall not he placeo in IIml por lion 01 Il1e news"" per whme legal notices and c1assilied nelverliscfIlcllls appear. The adverlisemenl shall be publisl1ed in a lIews paper 01 genelal p<lid circulalioll in Ihe cOl/flly and 01 general inleresl and readersl1ip in Ihe COIlHlllHlily pllrslI ani 10 chapler 50, not one ollilllilcd subjecllllallcr II is Il1e legislative inlenlll1al, wl1enever possible, Ihe mlvel tisenlenl sh<lll appeal in a newsp<lper Il1at is published a: leasl 5 days a week unless Ihe only newspaper ill Ihc communily is published less Ihan 5 d<lYs a wer'k. I he aelverliselllenl sl1all be ill Ihe following form: 736 F.S. 1987 COUNTY GOVERtIMENT . ".. -- Ch.125 e NOTICE OF ZONING CII^NGE 1 he ("allle Qllocal ()tlvelll""""'ilIIIIIII) proposes 10 rezone Ihe land wilhin Ihe area shown in Ihe lIlap in Ihis advc.'isc. mellL ^ pulllic hearing on Ihe rezoning will be held on (<talt, .111.1 111111') (II (!IIl~llllIlU piau') Ihe adve.,iselllenl shilll also conlain a geographic locn. lionlTlap which clearly indicnles Ihe area covered by Ihe proposed orejinance or resolulion. The map shall include major slreel nallles as a means 01 idenlilicalion 01 Ihe area. 3 In Iiell of rublishing Ihe advertisemenls sel oul III Ihis paragrnph, Ihe board 01 county comrnissione.s may rnnil a notice 10 each person owning real prorerly willlin IIIe area covered by Ihe ordinance or resolulion. Such nolice shall c1eafly explnin Ihe rroposed ordinance or rasolulion and shall nolily Ihe person 01 Ihe time, place, and localion 01 bolh public hearings on Ihe rro. rosed ordinance or .esoll/lioll. UiSlory., -s I, dt li9 -32, 5S 10, :l!). eh G9 lOti,s 1, ell. 10 "22. s 1. ell 76 1!-'~,; s 1 III 7l-JJI e 125.67 Limitation on subject and mailer embraced in ordinances; amendments; enacting claus e.-Every ordillallce shall embmce bul aile subjccl and mallcr plOpefly cOllnccled Iherewilh, and Ihe subjecl shall be brielly expressed in Ihe Iille. No ordinance shall be reo vised or <Hllended by relerence 10 ils lille only. Ordi. nances 10 revise or amend shall sel oul in lulllhe revised or amended seclion. subsection, 0/ raragraph 01 a sub. seclion. lhe enacling clause 01 every ordinance shall read "Be II Ordained I>y Ihe Board 01 Counly Commis. sioners of . _ ... Counly:" Hi.lory. ,;. ch 69.32. 125.68 Codification of ordinances; publir. record.- (I) Countic::; shall nlilinlain a curren 1 codllicalion of all ordlllances. Such codilicalion shall be rublished an. nl/ally by Ihe I>oard 01 eounly commissioners. (2) ^II ordinances shall be public records, and cop. ies 01 such ordinances shall be available 10 Ihe public. ^ reasollable charge may be made lor Ihe provision 01 copies, bul such charges shall not exceed 'he aclual cosls inr:idcnlal 10 providing such copies. Hislory. "'\' dl fi!J.32 125.69 Penallies.-Violalions of counly ordinances shall be proseculed in the same lTlanner as misdemea. nors are proseculed. Such vio/alions shall be prosecul- ed in Ihe lIame ollhe slate in a courl having jurisdiclion 01 fllISdem(!anors by Ihe prosecuting atlorney thereof and upon cOllviclion shall be punished by a tine not 10 exceed $500 or by imprisonmenl in Ihe cOlmly jail 1101 10 exceed GU days or by I>olh such line and illlprison. men!. H"lory. s 1, ell 61) -231. ss 1,2, (;h 70--152.5 I, eh, 79-319 PART III CO UN IV M1MINISTn^ liON 125.70 12571 12572 Shorllille. Plllpose. Applicalion 01 Ihe part. e 125.73 County adrninislralor; appoilllment, quail fica lions, compensalion. 125.7 t\ COIlIlly administralo/, powers and dillies 125.70 Short tit/e.-This pall shall be kllov-iII Cllltl IIlilY I>'~ ciled a:; Ihe "Coullly ^dmillislratioll I ~lW ot 197'1." Ili.lory. s I. <:I, 74 1'1:1 125.71 Purpose.--II is Ihe legislali':!! illlollll/131 il is necessary 10 aulhorize a 10/111 01 counly administralion Ihal best assul es an adequale and eflicienl provision 01 services 10 Ihe cilizens in Ihis slale, Ihal rrovides lor co. ordinaled adminislralion of county deparlments 10 bel. ter prolect Ihe heallh, welfare, sillely, and qUillily 01 life of Ihe residenls in each 01 Ihe 1Il0re urbanized r:ounlies, and Ihal places in Ihe hands of a counly adlllll IIstralor Ihe mullilude of etelails which musl necessarily arise Irom Ihe opera lion 01 a counly as a unit of local govern. menl and, 1/1I1S, enables I/Ie board 01 county conlllllS siallers 10 perform Ireely, wilhoul ullllecessary inler/IJp' lion, ils fundarnenlal inlendel: pili pose 01 making pO Ii cies wilhin the Iramework 01 law applicable 10 cOllllly governmenl inlhis slate. II is Ihe furlher legislalive intent 10 provide a lor milia <lnd slrllclure lor Ihe ecollomic and ellicienl conducl of counly allilirs by mailing Ihe cOllnly aclininislralor eslablished hy Ihis acl responsible for handling of alllhings necessmy 10 accomplish chief bring 10 Iruition Ihe policies established by Ihe board of coun. Iy commissioners. Uistory. ---'!J I, ell /.1 19J 125.72 Application of the part.-l he provisions 01 Ihis pari may ilpply 10 any counly in Ihis slale which has nol adopled a cha/ler lorm 01 cOlmly govern men I Ilpon passage 01 a counly ordinance by Ihe govellling body 01 sllch counly expressly adopling Ihis parI. Hi,lorY.-u$ 1, ell 14- 19J 125.73 County administrator; appointment, qualifi- cations, compensation.- (1) Each county 10 which Ihis r<lIt applies shall ilP' poinl a county adminislralor. who shall be Ihe adminis. Iralive head of Ihe county and shall be responsible lor Ihe adminlshalion of all df'parlrnenls of Ihe counly gov. ernment which the board of county commissioners has aulllOrily 10 conhol pursuanllo this acl, I/Ie general laws of Florida, or olher applicable legislalion. (2) The COllllly administrator shall be qualilied by ad- minis Ira live and execulive experience and ability 10 serve as Ihe chiel adlllinislralor 01 Ihe counly. He shall be appointed IJY an allirmative vole of nol less IIlan Ihree members 01 the board ot counly commissioners and may be removed al any lime by an illlirmilllve vote, upon nolice. of nol less Ihan IIHce members 01 the board, aller a heming il such be requesled by Ihe COUll' Iy adminislralor. lllC adminislralor need nol be il re:.i. denl 01 Ihe cOlmly at Ihe lime 01 his aproinlrnenl, hIli during his tenure in ollice he slwll reside within Ihe coun. Iy. (3) The compensalion of Ihe achninislrator shalllle lixed by Ihe board of county commissioners unless olh. erwise provided by law. 737 F.S. 1987 ~.I~:J ?_~________.____ COUt~JJ__g_Q_V~!!NM~t:-IJ.. e (4)1 he olficp 01 county administrator shnll be deemed vacant if Ihe incumbellt moves his residence hom the county or is, hy death, illness, or other casually, llll;lhlc to conlillllf' in ollice. A va,,;lncy ill Ihe ollicc "hall bp hl"~d illlhe sallw II 1;1111 ll'r as IIle ori(lillal apfl()intllll~1I1 The board 01 counly COllllllissiOlwrs may <Jppoinl an act. inq adlllinislralor in the case 01 v;lcancy or h~rnpormy al;sence or disabilily \Inlil a succpssor has bpen ;lp- poinled mill qualified 01 the ;Illmini"lralor WlrllllS. UislofY. 5 I, dl 7.1 I~IJ e 125.74 County administrator; powers and duties.- (I) 1 he adlllinislralor may be responsible for Ihe ad- minislralion 01 all depmlmellls responsible 10 Ihe board of cOllnty commissioners and lor the proper adminislra- lion 01 all allairs under Ihe jurisdiclion of Ihe board. To Ihat end, the adminislrator may, by way 01 enumeralion and nol by way ollimilalion, hnve Ihe lollowing specilic powers and dulies 10: (a) Administer and carry out the direclives and poli- cies of Ihe bomd 01 counly commissioners and enlorce all orders, resolulions, ordinances, and regulalions of Ihe board to assure Ihal they are failhfully execuled. (b) neportto the board on nc\ion laken pursuanl 10 any directive or policy wilhin the lime set by the board nnd provide an annual repor t 10 Ihe bomd on the slate of Ihe county, Ihe wOlk or Ihe previous yem, and allY rec- onlll1l!ndaliolls ns 10 ;lcliolls or pronrnms hI' dl'l'ms nec- essary for Ihe improvement 01 the counly and the wel. lare of its residents. (c) Provide Ihe board, or illClividualmembers there. 01, upon requesl, wilh data or inlormation conccming counly governmenl and to provide advice and rccom- mendallons on cOl/nly govc/llmenl operations to Ihe board. (d) Prepare nnd submil to the board of counly com- missioners lor ils consideralion and adoplion an annual operaling budget, a cnpilal hlldget, and a capilal pro- gram. (e) Eslablish Ihe schedules and procedures 10 be followed by all counly deparlmenls, offices, and agen- cies in connection with the budgel and supervise and administer all phases 01 Ihe budgetary process, (I) Prepare and submitlo the board aller the end 01 each liscal year a complele reporl on the linances and . adminislralive aclivilies ollhe ccunty lor the preceding year and submit his recommendalions. (g) Supervise the care and custody 01 nil county properly. (h) Recommend to Ihe board a curren I posilion c1as- silicalion and pny plan for all positions in county service. (i) Develop, inslnll, and main lain cenlralized bud- geting. personnel, legal, and purchasing procedures. (j) Urganize Ihe work 01 counly deparlmcnts, sub- )ccllo an adminislralive code developed by the adminis- Irator and adopled by Ihe hoard, and review the deparl- mer lis, administralion, and opera lion 01 Ihe county and make recommendations perlaining therelo for reorgani- zation by the board. (k) Selecl, employ, and supervise all personnel and lill all vacancies, positions, or employmenlunder the ju- risdiclion ollhe board. However, (he employment 01 all e department heads shall reCJl/ire conlirmatiorl by IIw board of "ol/nty commissioners. (I) Suspcnd, discharge, or remove any employee und, n IhC? jur isrlict ill II 01 IhC? l1o;ud plJl~;1 Jalll 10 proce <Jules nrl()pl,~d by Ihe hoard (Ill) Neooliale lenses, contrncls, nnd olllf?r <lqrer InOllls, illchlding r.onsl/llalll services, for Ih(~ COIIlIIy. suhject 10 approval of the bomd, nnd make recnrllrllCrJ dation" cnllcernin[J 111(' IIatlllc nlHllo"alinll of C'''IIr1l"rJ p/ovp.ments. (n) See thai all lerms and conditions in nil leases conlracts, and agreements are performed and nolily 1110 bomd of any noled violation thereol. (0) Order, upon advising the board, any agency UJl der his jurisdiclion as specified in Ihe admlnlslr<tllve code to under lake any task lor any olher agency on a lemporary basis il he deems iI necessnry lor lhe proper and efficienl ndminislralion 01 tile county govermncntlo do so. (p) Allend allmeelings ollhe board with ClIJI horil,' 10 pnrlicipate in Il1e discus:;ion of any mailer. (q) Perform such other duties as may be required 01 him by the board 01 counly commissioners. (2) II is the intent of the Legislalure 10 granl to Ihe counly adminislrator only Ihose powers nllrJ dillies which 8/e adlllinistralive or ministerial in nature nnrl 1101 10 delegate any governmenlnl power imtJlJerJ in Ihe bO:H< I 01 counly cOlllmissioner~ as Ihe q(lv(~rnillg b0(i,' 01 the cOlmly pursuant to s. l(e), Arl. VIII 01 1I1p. SI<tle Constitulion. To that end, the above specifically cnurncr ated powers are 10 be Cflll"lrued as administralive in /I~ tllle, and in any exercise of governmental power Ihe "oj ministrator shall only be performing the duly of ndvisir'9 the board 01 cOllnty commissioners in ils role ns Il1e poll cy-selling governing body 01 the county. Hlslory.--s I, ch 74-193. PAI1TIV OPTIONAL COUNTY CIIAI1TEnS 12580 12581 125.82 125.83 125.84 125.85 125.86 125.87 Shortlille. Delinitions. Charier adoplion by ordinance. County charters; general provisions. County charters; optional lorms. County charter s; excculive responsilJililics. COllnty charlers; legislalive responsihilitics ArllIlinislralive code; adoption and anlend men!. . Civil service. 125.88 125.80 Short Iille.- This part shall be known and may be cited as the "Oplional Coullty Charter Law." tlislory.-s 2. ch /4 I9J 125.81 Definilions.-As used in this part, Ihe follow ing words and terms shall have Ihe meanings ascrlhed 10 Ihem in this section except when the context cle<trly indicates otherwise: (I) "Counly charier" means Ihe chmler by which counly government in this stal" may exercise all powers 01 local sell-governmenl not inconsislent with gener,,1 738 F.S. 1987 COUNTY GOVERNMENT Ch. 125 e law and as adopted by a vote of the electors of the coun. ty. (2) 'Form of county government' is that form adopt- ed by the electors providing for the operation of a county government operating under a charter which shall be provided in the charter. (3) "Officer" means all officials of county government operating under a charter which shall be provided in the charter. HlaIOty.-s 2. Ch. 74-193 125.82 Charter adoption by ordinance,-As a sup. plemental and alternative way to the provisions of ss. 125.60-125.64, inclusive, the board of county commis- sioners may propose by ordinance a charter consistent with the provisions of this part and provide for a special election pursuant to the procedures established in s. 125.64 without regard to the time limitation contained in subsection 125.64(3). HIIlOty.-s 2. Ch. 74-193. . e 125.83 County charters; general provisions.- (1) A county charter may prescribe one of the op. tional forms of government herein authorized. and shall clearly define the responsibility for legislative and execu. tive functions in accordance with the provisions of this chapter. (2) The county charter shall require all elective of. fices to be filled only by qualified voters of the county. All appointed offices may be filled by nonresidents of the county; however, the charter may require that, upon ap. pointment. such otticers shall reside in the county during their tenure in office. (3) The county charter shall define 'vacancy in of- fice" and provide methods for filling such vacancy. (4) The county charter shall provide that the salaries of all county officers shall be provided by ordinance and shall not be lowered during an officer's term in ottice. (5) The county charter shall provide a schedule for the transfer of governmental functions into the charter form of government as adopted. Hlatory.-I. 2. ch. 74-193 e 125.84 County charters; optional forms.-Any county desiring to adopt a county charter shall provide far one of the following optional forms of government: (1) COUNTY EXECUTIVE FORM.-The county ex. ecutive form shall provide for governance by an elected board of commissioners and an elected county execu. tive and such other officers as may be duly elected or appointed pursuant to the charter. The elected county executive shall exercise the executive responsibilities assigned by the charter and shall. in addition, approve each ordinance by signing it or allowing it to become ap- proved without signature by failing to veto it or may veto any ordinance by returning it to the clerk of the board within 10 days of passage with a wrillen statement of his objections. It two-thirds of the members of the board present and voting and constituting a quorum shall, upon reconsideration, vote for the ordinance, the execu. tive's veto shall be overridden and the ordinance shall become law in 10 days or at such other time as may be provided in the ordinance or by resolution of the board, Without the executive's signature. " ," (2) COUNTY MANAGER FORM.- The county man. ager form shall provide for governance by an elected board of commissioners and an appointed county man. ager and such other otticers as may be duly elected or appointed pursuant to the charter, The county manager shall be appointed by, and serve at the pleasure of. the board and shall exercise the executive responsibilities assigned by the charter. (3) COUNTY CHAIRMAN-ADMINISTRATOR PLAN, - The county chairman-administrator plan shall provide for governance by an elected board of commiSSioners, presided over by an elected chairman who shall vote only in case of tie, and an appointed county administra. tor and such other otticers as may be duly elected or ap. pointed pursuant to the charter. The county administra- tor shall be appointed by, and serve at the pleasure of. the chairman. The chairman shall exercise. in conjunc- tion with the administrator, the executive responsibilities assigned by the charter. HlaIOty.-s. 2. Ch 74-193 125.85 County charters; executive responsibilities. - The executive responsibilities and power of the coun. ty shall be assigned to, and vested in, the appropriate executive officer, pursuant to the optional form adopted under s. 125.83. and shall consist of the following pow. ers and duties: (1) Report annually. or more often if necessary. to the board of commissioners and to the citizens on the state of the county, the work of the previous year, rec. ommendations for action or programs for improvement of the county, and the welfare of its residents; (2) Prepare and submit to the board for its consider. ation and adoption an annual operating budget. a capi- tal budget. and a capital program; establish the sched. ules and procedures to be followed by all county depart- ments, offices, and agencies in connection therewith; and supervise and administer all phases of the budget. ary process; (3) Administer and carry out the directives and poli- cies of the board of county commissioners and enforce all orders, resolutions, ordinances, and regulations of the board, the county charter, and all applicable general law, to assure that they are faithfully executed; (4) Supervise the care and custody of all county property, institutions, and agencies; (5) Supervise the collection of revenues, audit and control all disbursements and expenditures. and pre. pare a complete account of all expenditures; (6) Review, analyze, and forecast trends of county services and finances and programs of all boards. com- missions, agencies, and other county bodies and report and recommend thereon to the board; (7) Develop, install, and maintain centralized bud. geting, personnel, legal, and purchasing procedures as may be authorized by the administrative code; (8) Negotiate contracts, bonds, or other instruments for the county, subject to board approval; make recom- mendations concerning the nature and location of coun. ty improvements; and execute services determined by the board; (9) Assure that all terms and conditions imposed 10 favor of the county or its inhabitants in any statute. fran. 739 . e Ch. 125 COUNTY GOVERNMENT F.S. 1987 chise, or other contract are taithtully kept and per- formed; (10) Supervise, direct, and control all county adminis- trative departments: (11) Appoint, with the advice and consent ot the board, all appointed departmental heads, who shall serve at his pleasure, and employ, pursuant to appropri. ation and the administrative code, such personnel as necessary to administer county tunctions and services: (12) Order, at his discretion, any agency under his ju- risdiction as specified in the administrative code to un- dertake any task tor any other agency on a temporary basis it he deems it necessary tor the proper and etfi. cient administration ot the county government to do so; and (13) Any other power or duty which may be assigned by county charter or by ordinance or resolution of the board, Hlllo".-I 2, ch 14-193. I. I. ch. 77.114 e 125.86 County charters; legislative res pons/bill- ties.- The legislative responsibilities and power ot the county shall be assigned to, and vested in, the board ot county commissioners and shall consist ot the tollowing powers and duties: (1) Advise and consent to all appointments by the executive tor which board contirmation is specitied: (2) Adopt or enact, in accordance with the proce- dures provided by genera/law, ordinances and resolu. tions it deems necessary and proper tor the good gover- nance ot the coun ty; (3) Appoint a clerk to the board who shall serve at its pleasure and keep the records and minutes of the board: (4) Approve the annual operating and capital bud- gets and any. long-term capital or tinancial program; (5) Conduct continuing studies in the operation ot county programs and services and take action on pro- grams tor improvement ot the county and the weltare ot its residents: (6) Adopt, and amend as necessary, a county ad- ministrative code to govern the operation ot the county; (7) Adopt, pursuant to the provisions ot the charter, such ordinances of countywide torce and effect as are necessary for the health, safety, and welfare ot the resi- dents. It is the specific legislative intent to recognize thaI a county charIer may properly determine that cer- tain governmental areas are more conducive to unitorm countywide enforcement and may provide the county government powers in relation to those areas as recog- nized and as may be amended trom time to time by the people ot that county: and (8) All other powers ot local selt-government not in- consistent with general law as recognized by the Consti. tution and laws of the state and which have not been lim. ited by the county charter. 141.lo".-t 2. ch 74-193 e 125.87 Administrative code; adoption and amend- ment.- (1) Following the organization ot the first board ot county commissioners elected pursuant to a charter, the board ot commissioners Shall adopt an administrative code organizing the administration of the county.govern- ment and selling forth the duties and responsibilities and powers of all county officials and agencies pursuant to the provisions of the charter. (2) The administrative code shall be ettective upon adoption or as otherwise provided therein, and all exist- ing agencies shall assume the torm, perform the duties, and exercise the power granted them under the admin- istrative code and shall do so in the manner prescribed. HI.'ary.-1 2. ch 74-193 125.88 Civil service.- (1) Upon adoption ot an administrative code and also upon the adoption at a charter, all otficers and em. ployees in the classitied service at the county shall be transterred to the department, division, or agency to which the tunctions, powers, and duties in which they were engaged are allocated under the administrative code. Such transfer shall be without examination or dimi- nution at existing compen~atlon, pension or retirement rights, priVileges, or obligations of any such otticer or employee existing immediately prior to the referendum at which the charter was adopted. It is the intent of the Legislature that the adoption ot any plan required by the charter shall not adversely affect the civil service tenure, pension, seniority, or promotional rights at any county at- ficer or employee in the classified service. (2) The board ot county commissioners of any coun- ty adopting a charter may, by ordinance, administer the merit system through a county department ot ciVil ser- vice unless otherwise provided by the charter. Such ad- ministration shall include classitication, recruitment, ex- amination, establishment' of eligibility lists, grievances, compensation, and other condillons ot employment pur- suantto law. Hletary.-I. 2. ch. 74-193 PART V JUVENILE WELFARE SERVICES 125.901 County juvenile weltare services: independ- ent special district: powers, duties, and tunctions ot governing body. 125.901 County juvenile welfare services; Independent special district; powers, duties, and tunc. tlons 01 governing body.- (1) Each county may by ordinance create an independent special district to provIde juvenile weltare services throughout the county 10 accordance With this act. The boundaries of such district shall be coterminous with the boundaries ot the county. (2) The governing board of the district shall be a board ot juvenile weltare consisting at nine members, in- cluding: the superintendent at schools, a local school board member, the district administrator trom the appro- priate district of the Department at Health and Rehabili- tative Services, and one member of the board ot county commissioners. The other tive members ot the board shall be appointed by the Governor and shall serve for terms at 4 years each. It any of the members ot the board required to be appointed by the Governor under the pro- visions at this act shall resign, die, or be removed from ottice, the vacancy thereby created shall, as soon as 740 F.S. 1987 COUNTY GOVERNMENT Ch. 125 e practicable, be filled by appointment by the Governor, and such appointment to fill a vacancy shall be for the unexpired term of the person who resigns, dies, or is reo moved from office. (3)(a) Each board of juvenile welfare shall have the following powers and duties: 1. To provide and maintain in the county such child guidance, psychological, or psychiatric clinics for juve. niles as the board determines are needed for the general welfare of the county. 2. To provide for the care of dependent juveniles and to provide such other services for all juveniles as the board determines are needed tor the general weltare ot the county. 3. To allocate and provide tunds for other agencies in the county which are operated for the benefit ot juve. niles, provided they are not under the exclusive jurisdic. tion of the publiC school system. 4. To collect information and statistical data which will be helpful to the board in deciding the needs of juve. niles in the county. 5. To consult with other agencies dedicated to the welfare of juveniles to the end that the overlapping of services will be prevented. 6. To lease or buy such real estate, equipment, and personal property and to construct such buildings as are needed to execute the foregoing powers and duties, provided that no such purchases shall be made or build. ing done except for cash with funds on hand. 7. To employ and pay, on a part-time or full-time basis, personnel needed to execute the foregoing pow. ers and duties. (b) Books of account shall be kept by the board or its clencal assistants, and the fiscal affairs of the board shall be exclusively audited by state auditors as they are assigned from time to time to audit the affairs of the county officials. (4)(a) The fiscal year of the district shall be the same as that of the county. (b) On or before July 1 of each year, the board of ju. venile welfare shall prepare and adopt an annual written budget of its expected income and expenditures, in. eluding a contingency fund. The written budget shall be certified and delivered to the board of county commis- sioners on or belore July 1 01 each year. Included in each certified budget shall be an estimate of the millage rate necessary to be applied to raise the funds budgeted lor expenditures, which millage rate shall not exceed a max. imum of 50 cents for each $1,000 of assessed valuation of all properties within the county which are subject to county taxes. (c) The budget of the board of juvenile welfare so certified and delivered to the board of county commis. sioners shall not be subject to change or modification by e e '. the board of county commissioners or any other authori- ty. (d) In order to provide funds for the board 01 juvenile welfare, the district may levy ad valorem taxes annually on all taxable property in the county in an amount not to exceed one-half mill, provided that the authority to levy such taxes has been approved by a majority vote of the electors of the district voting in an election called by the board of county commissioners for such purpose. The tax shall be assessed, levied, and collected in the same manner and at the same times provided by law for the levy" collection, and enforcement of collection of county taxes. All tax money collected under this act, as soon after the collection thereof as is reasonably practi- cable, shall be paid directly to the board of juvenile wel- fare by the tax collector of the county. or the clerk of the circuit court if he collects delinquent taxes. The moneys so received by the board of juvenile welfare shall be de- posited in a special bank account and shall be with- drawn only by checks signed by the ch8lrman of the board and countersigned by one other member 01 the board of juvenile welfare who shall be so authorized by the board. The chairman and the other member of the board who signs its checks shall each give a surety bond in the sum of $1,000, which bond shall be condi. tioned that each shall faithfully discharge the duties of his office. No other member of the board shall be reo quired to give bond or other security. No funds of the board of juvenile welfare shall be expended except by check as aforesaid, except expenditures from a petty cash account which shall not at any time exceed $25. All expenditures trom petty cash shall be recorded on the books and records ot the board of juvenile welfare, No funds ot the board of juvenile welfare, excepting ex. penditures from petty cash, shall be expended without prior approval of the board, in addition to the budgeting thereof. (e) Within 10 days after the expiration of each quar. ter annual period. the board ot Juvenile welfare shall cause to be prepared and filed with the board of county commissioners a financial report which shall include the following: 1. The total expenditures of the board for the quar. ter annual period. 2. The total receipts of the board during the quarter annual period. 3. A statement 01 the funds the board has on hand or in banks at the end of the quarter annual period. (5) After the first year of operation of the board of ju- venile welfare, the board of county commissioners may, at its option, fund the budget ot the board of juvenile welfare from its own funds. HIIlory.-u. 1.2.3.4.5. en 86-197 , . 741 -,..._.. "'- ... JUNIORANDMISSES~CHIC" ~PRING COORDINA TESCASUAL TOP~,'...S~Ct<S,. SH()~!~....~.~..D ........... S.KIRT~ ..' < .ii'.......U> ..UU< ~G.. $20..00;$25...0Q..SA~E$11..2~..!1.4..2~ AI.-L SW1'tt1'llEAB .'.2S.~.>9ff'... ChQQ~efrQ01... ..... QQJf.;ha,Hoble andQ.P.styles Shoppes of We kiva (nex110 Winn-Dixie) 3865 Wekiva Springs Road, Longwood. 788-7474. Tues,-Fri, 10-8, Mon, & Sat. 10-6 '.LL JIMMY'Z !5%\bff ~~ 10 The Orlando Sentinel, Thursday, April?, 1988 S Charter panel likes appointed administrator By Mark Andrews OF THE SENTINEL STAFF ALTAMONTE SPRINGS - Members of Seminole County's charter advisory committee have agreed that the county administrator should remain an ap- pointed official who serves at the pleasure of the county commission. Attempting to craft a proposed chaIter that closely mirrors the county's current form of government, the panel said county commissioners should be able to hire and fire the administrator with a simple major- ity vote. They also set qualifications for the adminis- trator's position and said the person who holds the job must live in the county. The advisory committee is working on a charter to present to the county commission late this summer. Commissioners have the option of tinkering with it or rewriting it be- fore goes on a referendum ballot in the fall. Proponents of charter govern- ment, which is used by 11 other counties in Florida, say it gives counties more flexibility and au- thority in governing their affairs and grants residents rights they otherwise do not have, such as re- calling elected officials and peti- Webster tioning for referendums. Critics say it can give a county too much power - some- times at the expense of city governments. At Tuesday night's meeting, several members chastised panelist Bob Webster for a letter he sent to city mayors throughout the county urging them to get involved in the charter-drafting process before it gets too far along. In the letter, Webster offered to visit city councils and commissions to present his views on charter government and said committee Chairwoman Marilyn Crotty may want to come along. Crotty said Webster had no right to speak for her. She and other committee members said there would be time later for public discussion of the merits of charter government and that it was "premature" for city officials to get involved. The panel voted to have its own letter drafted stat- ing its position on public discussion to be scnt to cities after members review it next week. Crotty reminded panelists of her request at the first meeting that committee members refrain from making public comment about the charter because none of them speaks for the group and because such comments would be premature. "Nobody's going to put a muzzlL' on me," Webster snapped. In other business, che committee agreed a lawyer should be a member of the Florida Bar for five years to be considered for the county attorney's post and it decided to consider later whether the charter should provide for an internal auditor. 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