HomeMy WebLinkAbout2026 04 27 Regular 500 - Discussion on Recruitment and Selection Process for City ClerkREGULAR AGENDA ITEM 500
CITY COMMISSION AGENDA | APRIL 27, 2026 REGULAR MEETING
TITLE
Discussion on Recruitment and Selection Process for City Clerk
SUMMARY
City Clerk Christian Gowan announced his resignation at the April 13, 2026 City
Commission Meeting and informed the Mayor and Commission that his last day of
employment with the City of Winter Springs will be May 15th, 2026. The City Clerk is
one of three roles appointed by the City Commission.
The City Manager is seeking direction from the Commission on the recruitment process
for the presentation of qualified candidates to the Commission for their consideration.
Specifically, the Commission should address the following items and provide direction:
Recruitment Placement
The City would, at a minimum, post this recruitment to the following:
City Website
Florida Association of City Clerks Job Board
Florida League of Cities Job Board
Florida City and County Managers Association Job Board
International Institute of Municipal Clerks Job Board
Are there additional sites or job boards where the Commission would want to advertise
this position?
Applicant Screening Procedures
The Commission should determine who they want to run the recruitment.
City Manager recommends the Office of Human Resources in collaboration with the
CM manage the recruitment process and provide a list of 3-5 finalists for Commission
interviews/selection. Since the Mayor is not a voting member, the Mayor could be
included in the screening process.
What experience, education, and certification/licensure is essential and what is
preferred? Is this reflected in the current job description?
Does the Commission want to enter into an employment agreement with the next City
Clerk similar to the other appointed officials (City Attorney and City Manager)?
Qualified Candidates and the Interview Process
Does the Commission desire to use a process similar to the recruitment of the City
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Manager?
What number of qualified candidates should be presented to the City Commission?
Proposed Interview Process
Individual interviews of each finalist candidate with the Mayor and each
Commissioner
Closed to the public
Group Interview of each finalist candidate individually with the full City
Commission
Open to the public
Timeline for Recruitment and Selection
Section 4.10 (a) of the City Charter states: “The city commission, after receiving a
nomination from either the mayor or a commission member(s) shall, by a vote of not
less than four (4) commission members, appoint an officer of the city who shall have
the title of city clerk. The city clerk's compensation shall be established by the city
commission.”
Basic Overview of City Clerk Position:
1. Notice the meetings of the City Commission (Sec 4.10, City Charter) and all Boards and
Committees
2. Record minutes of the City Commission meetings and all Boards and Committees
3. Custodian of the City Seal
4. Attest/Counter-Sign contracts
5. Supervisor of Elections for the City (Sec 2-81, City Code)
6. Maintain public records to include minutes, ordinances, and resolutions
7. Maintain and update the City Code of Ordinances
8. Oversee the records management system of the city
9. The City Clerk serves at the pleasure of the Commission and may be appointed or
removed by a vote of not less than four (4) commission members (Sec. 4.10, City Charter),
however the city clerk is subject to the direction and supervision of the city manager
and the city manager may assign additional duties to the city clerk when the city
manager deems it necessary for the good of administering city affairs. (Sec 14-2, City Code)
10. The city clerk's compensation shall be established by the city commission.
However, once the city commission establishes the initial compensation of the city
clerk, the city manager may adjust that compensation in the same manner as other city
employees unless otherwise expressly directed by the city commission. (Sec 14-2, City
Code)
To facilitate this discussion the following is included in this agenda item:
Florida Association of City Clerks Manual
Certified Municipal Clerk/Master Municipal Clerk Requirements Overview
Current Job Description for City Clerk
Charter and Code References
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FUNDING SOURCE
N/A
RECOMMENDATION
The City Manager is requesting the Commission provide direction regarding the
recruitment and selection process for the City Clerk position.
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City Clerk
Department: Clerk’s Office
Pay Grade: 35
FLSA Status: Exempt
Reports to: City Manager
Position Summary:
The Clerk is appointed by the City Commission and serves their needs in the official capacity of the City Clerk.
This position serves as a department head and reports directly to the City Manager for day-to-day business
operations. As the City Clerk, this position is responsible for facilitating public meetings required for the official
business of the City and facilitating regular Commission meetings. As the official records keeper for the City, this
position is responsible for securing and maintaining the records in accordance with Florida statutes, preparing
draft agendas or bylaws, answering official correspondence, keeping fiscal records and accounts, recording
data, and collecting fees as required. As a department head, this position is responsible for leading the
department initiatives and projects, managing the budget, and managing the work of assigned staff.
Essential Functions:
Administers the City’s records management program and coordinates the logging, filing, and digitizing of
municipal records and files; oversees the preparation of documents for storage and disposition; ensures the
safekeeping of records in compliance with applicable laws, City policies, and the ability to retrieve documents as
needed.
Facilitates the electronic records management of the City documents and is responsible for the codification of
the City’s Code of Ordinances and Land Development Regulations. Performs the fulfillment of public records
requests within the city, ensured redactions, and coordinates with other department personnel when necessary.
Attends City Commission and other meetings. Records, prepares, and distributes agenda documents.
Provides scheduling of meetings, public notices and meeting minutes. Keeps a true and correct record of all
proceedings. Coordinates, maintains, and ensures accuracy with the City’s Code of Ordinances and City
Charter. Provides administrative support to the City Commission members. Manages the daily operations
of the City Clerk Division, including all processes related to the City Commission and Advisory Boards. Serves
as the qualifying official and supervisor of all municipal elections. Coordinates with the County Supervisor of
Elections. Distributes and assists in the final filing of Financial Disclosure, voting conflict of interest, and related
forms for municipal officials. Processes and oversees preparation of resolutions and proclamations.
Provides for public notice of all meetings subject to the Florida Statutes and provides for legal advertising,
publication and posting of notices, as required. Records/attests to ordinances, resolutions, contracts,
agreements, and deeds. Administers oaths, accepts affidavits, and maintains municipal deeds, leases,
agreements and other records as required. Answers citizens questions and complaints. Prepares,
administers, and monitors the annual budget for City Commission operations. Research, accesses, inputs and
retrieves information. Serves as the custodian and protects the integrity of the official City Seal. Provides
payoff calculations for liens and prepares and records liens and satisfactions. Reviews and provide multi-
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City Clerk Page 2 of 3
departmental responses for assessment search requests. Participates in the City’s emergency operations as
needed.
(These essential and additional job functions are not to be construed as a complete statement of all duties performed.
Employees will be required to perform other job-related marginal duties as required.)
Minimum Requirements:
KNOWLEDGE, SKILLS AND ABILITIES:
• Knowledge of administrative and personnel policies of the City
• Knowledge of the ordinances, policies and procedures of the City
• Maintenance of all official City documents and records; recordation of actions by the City Commission,
including the identification and implementation of appropriate automated systems to accomplish same
(records management, historical indexing, legislative tracking)
• Maintains the City Code of Ordinances
• Coordination of City Commission agenda documents with senior leadership and provision of liaison
services for advisory boards and committees
• Municipal election administration
• Provides general and direct supervision of staff
• Prepares, manages, and monitors departmental and City Commission budgets
• Manages the official records of the City and the electronic records repository
• Develop training materials for new employees to ensure compliance with public records and Sunshine laws
• Prepares minutes, proclamations, resolutions, ordinances, and oaths of office and provides attestation of
official documents
• Prepares and publishes required legal notices
• Manages public records requests, coordinates information, and ensures compliance with public records
laws
• Manages the municipal lien search process
• Regular in-person attendance during City and department business hours, since face-to-face interaction and
coordination of work with other employees, outside colleagues, residents, or vendors, and all immediate
access to documents or other information located only in the workplace is required
EDUCATION AND EXPERIENCE:
• Bachelor’s degree from an accredited institution is required
• A minimum of five years of experience in public administration or previous work in local government records
management
• Preferred prior experience preparing for commission meetings, agendas, conducting public records requests,
and keeping city records
• Consideration may be given to an equivalent combination of education, experience, and training for this role
Licenses, Certifications, or Registrations:
• Valid State Notary License
• Valid Florida Driver’s License
• Certified Municipal Clerk (CMC) designation preferred or must obtain within 2 years upon hire
Working Hours and Environment:
• Ability to access file cabinets for filing and retrieval of data.
• Works extensively on a computer. The work is performed in an office environment with frequent visits to
end-user locations. Work with a variety of technology and software to support public meetings.
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City Clerk Page 3 of 3
• May be required to attend meetings in evenings or weekends on occasion.
• Tasks involve the ability to exert physical effort in sedentary to occasionally heavy work, which may involve
some lifting, reaching, carrying, pushing, and/or pulling of objects and materials weighing between 0-50
pounds.
• Work is performed inside an office environment and must be routinely physically present in the office to be
readily accessible to customers.
The work environment and physical demands described here are representative and not intended to be all -inclusive of
those an employee encounters while performing the essential functions of this job. Reasonable accommodation may be
made when requested to enable individuals with disabilities to perform the essential functions.
This job description is not intended to identify or contain a comprehensive listing of duties, responsibilities,
qualifications or training that may be required of the employee. My signature below acknowledges receipt of
the job description and further acknowledges understanding that should I have a question or concern regarding
any element of the job description listed above I will contact my supervisor and/or Human Resources for
clarification.
Employee Name (Printed)
Employee Signature Date
HR Signature Date
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Florida Association of
City Clerks (FACC)
Municipal Clerks Manual and
Resource Guide
DISCLAIMER
The FACC Municipal Clerks Manual is designed to serve as a reference tool and is revised, as necessary, by the
FACC By- Laws/Manual Revisions Committee. This manual does not constitute legal advice and should not be
taken as such. Users are encouraged to seek legal advice from municipal attorneys or other legal counsel for
any legal questions. While FACC takes the utmost pride in maintaining the Clerks Manual, we cannot guarantee
the accuracy of this information. FACC is not responsible for any actions or decisions made based on information
contained in this manual.
(This manual was last updated April 25, 2025)
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Table of Contents
Chapter I: Introduction ............................................................................................................................... 2-3
Code of Ethics ....................................................................................................................................................... 2
Professional Development and Advancement ............................................................................................... 2-3
Professional Organizations ................................................................................................................................... 3
Chapter II: The Office of the Municipal Clerk.......................................................................................... 3-6
Appointment ........................................................................................................................................................ 3-4
Qualifications .......................................................................................................................................................... 4
Requirements of Work .......................................................................................................................................... 4
Duties ................................................................................................................................................................... 4-5
General Duties.................................................................................................................................. 4-5
Statutory Duties ................................................................................................................................... 5
Secretary to the Council ....................................................................................................................... 5
Secretary of the Municipal Corporation .............................................................................................. 5
Election Official ................................................................................................................................ 5-6
Chapter III: Public Relations and Communications ............................................................................. 6-10
Citizen Information Office ...................................................................................................................................... 7
General Attitudes ................................................................................................................................................... 7
Providing Information – Avoiding Errors .............................................................................................................. 7
Proclamations ......................................................................................................................................................... 8
Resolution of Appreciation, Commendation, and Expression of Sympathy ............................................. 8-10
Chapter IV: Council Meeting – General Procedure........................................................................................ 10-13
Purpose of an Assistant ...................................................................................................................................... 10
Four Classes of Meetings .................................................................................................................................... 10
Meeting Notice ..................................................................................................................................................... 11
Preparation of Council Room .............................................................................................................................. 11
Clerk’s Duties at Meetings ............................................................................................................................ 11-12
Rules of Order ...................................................................................................................................................... 12
Adoption of Ordinances and Resolutions .......................................................................................................... 12
Recess ................................................................................................................................................................... 12
Public Participation and News Media ................................................................................................................ 13
Motions.................................................................................................................................................................. 13
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After a Meeting ..................................................................................................................................................... 13
Meeting Calendar and/or Bulletin Board .......................................................................................................... 13
Community Calendar ........................................................................................................................................... 13
Chapter V: Council Agenda .................................................................................................................. 14-16
Preparation of an Agenda ................................................................................................................................... 14
Tracking and Follow-up System .................................................................................................................... 14-15
Agenda Exhibits .................................................................................................................................................... 15
Posting Agendas ................................................................................................................................................... 15
Agenda Format ............................................................................................................................................... 15-16
Regular Council Meeting ................................................................................................................... 15
Special Council Meeting ................................................................................................................... 16
Workshop Meeting Agenda .............................................................................................................. 16
Consent Agenda ................................................................................................................................ 16
Chapter VI: Council Minutes ................................................................................................................ 16-20
Purpose of Council Minutes ................................................................................................................................ 16
Form and Content of Council Meeting Minutes ............................................................................................... 17
Record of Action Taken ....................................................................................................................................... 17
Approval of Minutes ....................................................................................................................................... 17-18
Consent Agenda Items ........................................................................................................................................ 18
Ordinances and Resolutions............................................................................................................................... 18
Compliance ..................................................................................................................................................... 18-19
Findings of Council ............................................................................................................................................... 19
Public Requests .................................................................................................................................................... 19
Board Minutes and Reports ................................................................................................................................ 19
Written Reports .................................................................................................................................................... 19
Oral Reports .......................................................................................................................................................... 19
Petitions and Communications .......................................................................................................................... 19
Debates and Discussions ................................................................................................................................... 19
Arguments and Debates at Hearings ................................................................................................................ 20
Hearings ................................................................................................................................................................ 20
Adjournments ....................................................................................................................................................... 20
Preparation of the Minutes ................................................................................................................................. 20
Summary of Minutes ........................................................................................................................................... 20
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Indexing ................................................................................................................................................................. 20
Workshop Minutes ............................................................................................................................................... 20
Chapter VII: Office Management ......................................................................................................... 21-25
Paperwork Management ............................................................................................................................... 21-22
Indexing, Filing and Managing Records ....................................................................................................... 22-24
Office Reproduction Techniques ........................................................................................................................ 24
Written Communications and Inquiries ....................................................................................................... 24-25
Petitions ............................................................................................................................................. 24
Departmental and Municipal Matters ......................................................................................... 24-25
Conclusion ............................................................................................................................................................ 25
Chapter VIII: Processing Ordinances, Resolutions, and Providing for Publication and Codification 25-31
Ordinances and Resolutions............................................................................................................................... 25
Procedures for Adoption ................................................................................................................................ 25-26
Ordinances ............................................................................................................................................................ 26
Sample Procedure for Regular Ordinances ...................................................................................................... 26
Legal and Official Advertisements ....................................................................................................... 26
Sample Procedure for Special Ordinances ................................................................................................. 26-27
Abandonment Ordinances ........................................................................................................... 26-27
Rezoning Ordinances ........................................................................................................................ 27
Notice of Zoning (Permitted Use) Change .................................................................................. 27-28
Resolutions ........................................................................................................................................................... 28
Municipal Improvement Project ......................................................................................................................... 28
Election Resolution .............................................................................................................................................. 27
Publications .......................................................................................................................................................... 28
Recording Publications ........................................................................................................................................ 28
Codification ........................................................................................................................................................... 29
Examples of Notices ...................................................................................................................................... 29-30
Chapter IX: Public Records Management ........................................................................................... 30-33
Records Management Liaison Officers (RMLO) .............................................................................................. 30
Training .................................................................................................................................................................. 31
General Records Schedules ......................................................................................................................... 31-32
Disposal of Public Records ................................................................................................................................. 32
Disaster Recovery ................................................................................................................................................ 32
State Records Center .......................................................................................................................................... 33
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Statutory Authority ............................................................................................................................................... 33
Noncompliance .................................................................................................................................................... 33
Additional Education ............................................................................................................................................ 33
Chapter X: Miscellaneous – Boards, Committees, Employee Organizations, Auctions, Oaths ....... 34-36
Boards and Committees ..................................................................................................................................... 34
Certification ........................................................................................................................................................... 34
Employee Elections and Referendums ............................................................................................................. 35
Oaths ..................................................................................................................................................................... 35
Auctions – Abandoned, Surplus, Unclaimed Property ............................................................................... 35-36
Chapter XI: Elections ............................................................................................................................ 36-41
Qualifying/Filing Officer ...................................................................................................................................... 37
Election Procedures ............................................................................................................................................. 37
Election Dates and Qualifying Period ................................................................................................... 37
Candidate Packet ............................................................................................................................ 37-38
Campaign Finance Requirements and Reporting ......................................................................... 38-39
Voting Precincts ..................................................................................................................................... 39
Voting Machines and Systems ............................................................................................................. 39
Voter Registration .................................................................................................................................. 39
Canvasing Board ................................................................................................................................... 40
Election Calendar ............................................................................................................................. 40-41
Council/Commission Orientation ......................................................................................................... 41
Chapter XII: Technology ....................................................................................................................... 41-42
Basic Elements ..................................................................................................................................................... 42
Acquisition ............................................................................................................................................................. 42
System Applications ............................................................................................................................................. 42
Implementing New Technology .......................................................................................................................... 42
Chapter XIII: Notary Public Services .................................................................................................... 43-45
Marriage Ceremonies .......................................................................................................................................... 45
Chapter XIV: Guide to the Sunshine Law and Code of Ethics for Public Officers and Employees .. 45-47
History of Florida’s Ethics Laws .......................................................................................................................... 45
Role of the Commission on Ethics ..................................................................................................................... 46
The Ethics Laws .............................................................................................................................................. 46-47
Disclosures............................................................................................................................................................ 47
Chapter XV: Municipal Budgets ........................................................................................................... 47-49
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Chapter XVI: Municipal Annexation ..................................................................................................... 49-54
Annexation Procedures ....................................................................................................................................... 50
Prerequisites to Annexation……………………………………………………………………………………………………... ..... 51
Character of the Area To Be Annexed ............................................................................................................... 51
Voluntary Annexation ........................................................................................................................................... 51-52
Annexation of Enclaves…………………………………………………………………………………………………………… ...... 52
Annexation Limited to a Single County.............................................................................................................. 52
Contraction Procedures................................................................................................................................. 52-53
Criteria for Contraction of Municipal Boundaries……………………………………………………………………….. ..... 53
Effects of Annexations or Contractions ............................................................................................................. 53
Effect in Miami-Dade County .............................................................................................................................. 53
Appeal on Annexation or Contraction ................................................................................................................ 53
Recording .............................................................................................................................................................. 54
Chapter XVII: Requirements of Florida’s Local Government Comprehensive Planning Act ............ 54-56
Background………………………………………………………………………………………………………………………………....54
Local Government Comprehensive Plans…………………………………………………………………………………. ..... 55
Comprehensive Plan Review Process ......................................................................................................... 55-56
Glossary: ............................................................................................................................................... 57-63
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Florida Association of City Clerks
Founded October 26, 1972
www.floridaclerks.org
FACC Members:
The Board of Directors of the Florida Association of City Clerks (FACC) is pleased to provide this manual
that outlines the municipal clerk’s duties and responsibilities. It is a compilation of various duties along
with “how to” descriptions for accomplishing these duties. The handbook is intended as a guide, not a
legal reference document.
This manual and resource guide provides invaluable information for today’s municipal clerk, and we
strive to keep it as up to date as possible. Therefore, FACC’s policies provide for a yearly review and a
comprehensive review every five years. It is important that state codes must be referenced, along with
the manual's use, to ensure that procedures are applied according to the most recent law. In many
instances, the municipal attorney is relied upon for advice and consultation.
We also encourage you to connect with other FACC members to share ideas and resources and ask
questions. Networking at FACC events is a great way to build relationships, but we also offer a mentor
program and a Discussion Forum that facilitates connection as well. Explore the FACC website at
www.floridaclerks.org to learn more about these programs.
The handbook is made available through the continued efforts of the members of the FACC. We hope
this manual and guide is a great resource to you in your career in the municipal clerks’ office. If the
Board of Directors or staff of FACC can be of assistance, please reach out. We look forward to hearing
from you.
Sincerely,
Members, Board of Directors
Florida Association of City Clerks
P.O. Box 1757, Tallahassee, FL 32302 | www.floridaclerks.org
Phone: 850-222-9684 | Fax: 850-222-3806 | Email: facc@flcities.com
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Chapter I: Introduction
This manual provides an approach to the manifold functions of the municipal clerk in Florida. This
material primarily addresses general topics relevant to all municipalities. Procedures, duties,
responsibilities, and actions will vary among municipalities, depending on size, municipal charters, and
established policies.
A municipal clerk must keep abreast of changes in legislation and office technology. New statutes on
public ethics, financial disclosure, and election laws must be closely monitored and observed. It is also
important to be aware of changing trends and public opinion.
The municipal clerk often serves as the public information officer for the municipal government.
Municipalities are products of the state legislature. The municipal clerk must be familiar with the
services of the Secretary of State and Attorney General in Tallahassee, and the principal county offices,
particularly the county supervisor of elections. Sources for assistance and information include the
Florida Association of City Clerks, the Florida League of Cities, the branches of the state university
system and, of course, other municipal clerks.
The Florida Statutes prescribe the basic functions and duties of municipal clerks in general law
municipalities. Many Florida municipalities have charters by special law or by “Home Rule” adoption,
wherein the clerks in these municipalities customarily have the same duties. However, individual
charter provisions regarding clerks may differ widely among municipal clerks also perform such
additional duties prescribed by ordinance, or by direction of the municipality’s legislative body or
manager.
The International Institute of Municipal Clerks adopted a code of ethics for municipal clerks as follows:
Code of Ethics
1. To uphold constitutional government and the laws of the community;
2. To so conduct their public and private life as to be an example to their fellow citizens;
3. To impart to their profession those standards of quality and integrity that the conduct of the affairs
of their office shall be above reproach and merit public confidence in their community;
4. To be ever mindful of their neutrality and impartiality, rendering service to all and to extend the
same treatment you wish to receive yourself;
5. To record that which is true and preserve that which is entrusted to me as if it were my own; and
6. To strive constantly to improve the administration of the affairs of my office consistent with
applicable laws and through sound management practices to produce continued progress and so
fulfill my responsibilities to my community and others.
Professional Development and Advancement
To be most effective and assure that proper laws and procedures are followed, the municipal clerk
must keep abreast of new information and developments. This involves reading books and periodicals,
consulting with colleagues, experts and professionals, and taking advantage of the opportunities for
outside study through seminars, conferences, and college course work.
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Professional Organizations
Communication, discussion, comprehension and the exchange of views on mutual problems often lead
to a broader knowledge of all municipal ordinances and aid the municipal elected officials and
manager in conducting municipal business, while precluding improper actions.
The advantages of consulting with or belonging to an appropriate association or organization are many
and varied. Great benefits are derived from direct contact with public and professional people persons
in the organizations concerned with municipal affairs. Some of the organizations which provide and
data to the municipal clerk are listed on FACC website at http://www.floridaclerks.org/ under the
“Resources” tab.
Chapter II: The Office of the Municipal Clerk
The term “clerk” is an ancient and honorable one. It comes from the early Middle Ages when churches
regulated many local government matters and only clergymen were educated and could write.
Therefore, the idea of a clerk as a writer, keeper of records and local official comes from this history.
The first settlers in America soon created the office of parish or town clerk, and the post continues
today as an essential position in municipal government. Every municipality in the nation, regardless of
size or form of government, usually has a clerk or equivalent position.
In Florida, the municipal clerk is an important and exacting position in municipal government. The clerk
is expected to know virtually everything about the operation of the municipality and how to accomplish
all that needs to be done. Even when the clerk is not an expert, the clerk’s office must know where to
refer a question or problem for proper action or answer. The role of the municipal clerk has been well
described by the International Institute of Municipal Clerks:
“The clerk’s office can be truly called the hub of local government. It is the clerk who is the
contact between the citizens and the government. It is he/she to whom most complaints are
brought. The clerk gives advice on many subjects, not necessarily relating to the government,
but by his/her contact with the public, they for a great part place confidence in him/her as the
one who can answer most any question. The clerk can, if he/she so desires, wield a great
measure of influence in his/her community.”
Appointment
Whether the position of municipal clerk is appointed or elected depends on the local regulation usually
found in the municipal charter or special law.
In mayor-council municipalities, the municipal clerk is often appointed by the council. In council-
manager municipalities, the practice varies with some municipal managers appointing the municipal
clerk. No comprehensive statement for Florida is possible because of the differences, but it may be
noted that capable municipal clerks often serve for long periods of time throughout changes in local
administration. The practice of electing Florida municipal clerks is declining as professional demands
grow.
Many municipal clerks enjoy appointment and tenure in accord with the civil service or merit system
regulations of their municipalities. Thus, they have recognition that the job requires proper
qualifications and protection against arbitrary dismissal for frivolous or partisan reasons.
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Qualifications
Patrick Healy, former Executive Director of the National League of Cities in an article, “The Professional
Qualities of the Municipal Clerk,” asserted that the desirable background training listed for a municipal
clerk ranges from a high school education to study in specialized areas, or a college degree. The
specialized areas of suggested study include principles of bookkeeping, clerical training, business
education, utility training, office management, use of business machines, personnel and financial
administration, law, and psychology. To this there might be added a basic understanding of modern
public administration, public relations and computer science. Many clerks are now expected to be
proficient in the use of technology. In a typical municipality in Florida, the job description for the
municipal clerk might read, in part, as follows:
Requirements of Work
• CMC or MMC Certification preferred.
• High school diploma, preferably supplemented by college-level coursework in business, records
management, or public administration and extensive experience in government.
• Thorough knowledge of the ordinances, policies, and procedures of the municipal.
• Thorough knowledge of legal requirements, rules of order, and rules of procedure of municipal
council meetings.
• Thorough knowledge of organization, function, and activities of municipal government.
• Thorough knowledge of standard office procedures, practices, and equipment.
• Attends all regular, special, and executive sessions of the governing body to take minutes and
records official actions.
• Thorough knowledge of state statute requirements regarding document retention and
destruction and disclosure of public records.
• Ability to plan and supervise the work of subordinates.
• Thorough knowledge of the election process, procedures, laws, rules, and regulations.
• Ability to establish and maintain effective working relationships with municipal officials,
employees and the public.
• Thorough knowledge of the municipality’s charter and code.
• Residency in the municipality.
Duties
General Duties:
Under both state law and local ordinances, the municipal clerk is entrusted with numerous and diverse
duties. In addition to the required duties performed, the clerk has many other responsibilities resulting
from long-practiced local rules and customs. Some of the municipal clerk’s administrative duties are
as follows:
1) Offer notary services.
2) Issue licenses and permits.
3) Furnish information to the public and the media.
4) Receive and file bonds and insurance policies relating to municipally issued contracts.
5) Direct complaints, correspondence and inquiries for action to various municipal departments.
6) Handle personnel records when required.
7) Prepare and maintain the records index system, oversee records management, retention, and
destruction in accordance with state regulations.
8) Conduct business with other municipal, county, state and federal agencies as directed by the
governing body.
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9) Coordinate voter’s registration activities with county and state election officials.
10) Provide notification of expiration dates on various matters to municipal departments.
11) Maintain and update the municipal code.
12) Attest to official contracts and documents.
13) Serve as a parliamentarian.
14) Conduct municipal elections.
15) Serve as a liaison to municipal boards and committees.
16) Receive and process lobbyist registrations.
17) Oversee staffing for the mayor and members of the governing body.
Statutory Duties:
The clerk’s statutory duties are relatively fixed. The municipal clerk, regardless of the form of
government, is charged with the following statutory duties: secretary to the governing body; secretary
to the municipal corporation, election official with ministerial authority, and administrative official on
the municipal level.
The following is a list of many of the functions that may be performed under these major headings:
Secretary to the Council:
1) Record official minutes of the council. 2) Handle municipal correspondence, both incoming and outgoing, as directed or as requested by the council or the manager. 3) Prepare meeting agendas. 4) Process, record, file, and advertise ordinances, resolutions, and notices. 5) Process, record, file, and advertise bids for municipal goods and services. 6) Advertise, record, and file the municipal budget. 7) Perform liaison work between the public and the council as may be directed. 8) Administer and record oaths of office. 9) Prepare and maintain custody of all official municipal records and files.
Secretary of the Municipal Corporation:
1) Maintain custody of the municipal seal.
2) Sign official documents.
3) Maintain receipt of service and legal documents.
4) Maintain the municipal code.
Election Official:
(Note: In some counties of Florida, the Supervisor of Elections holds all municipal elections and the
municipal clerk has few election duties. In some counties interlocal agreements are created to define
election responsibilities)
1) Certify vacancies existing on the local level.
2) Maintain receipt of any and all petitions, initiative or otherwise.
3) Exercise quasi-judicial authority in determining the validity of petitions according to municipal
code or state statutes.
4) Approve ballots for all municipal elections.
5) Furnish materials for local elections.
6) Assist in the selection of polling places.
7) Maintain receipt of election results.
8) Issue payments for polling places and poll workers.
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It is difficult, if not impossible, to outline all the duties and responsibilities imposed upon municipal
clerks by governing bodies of individual municipalities. (These duties are generally outlined as specific
ordinances or municipal codes.) In addition to the duties imposed by state statute and local
ordinances, there are those established by custom. While they are not regarded as legally imposed
responsibilities, many are highly important to the successful administration of municipal affairs.
A key duty traditionally expected of the municipal clerk, as the clerk of the governing body, is to
supply the governing body with information and background materials on issues of importance. This
is a responsibility that is often shared with the municipal manager’s office. Whether the municipal
clerk holds an independently appointed position or works under the direct supervision of a municipal
manager, it must be emphasized that the clerk has an obligation to faithfully serve the administrative
authority of the municipality as well as its governing body.
Many federal and state programs are available to aid municipalities in providing or supplementing the
delivery of municipal services. Analysis of these programs, often with other municipal departments, is
necessary to ascertain what obligations are being imposed upon the municipality. To obtain funding
for these programs, the governing body must take many formal actions such as applications for grants,
acceptance of grants, and execution of contracts and distribution of funds according to plans and
budgets. This often places an additional burden upon the municipal clerk to stay informed ab out the
availability of programs and requisite procedures.
In view of the above, it is essential that the clerk is familiar with all the requirements of this office,
statutory and otherwise.
Chapter III: Public Relations and Communications
The fundamental connections between municipal government and the constituents it serves are
rooted in public relations and adept communication. The most important links between municipal
government and the public which it serves are public relations and effective communication.
Whether telephone, correspondence, email, social media, or face-to-face at the municipal offices,
communication must be accurate, prompt, and courteous.
The office of the municipal clerk is often the principal source for information sought by the public, and it
must possess the proper resources to do the job effectively. A properly trained staff and equipment in
good working order are necessities.
The concept of the "public" has evolved beyond just the individual on the other end of the line, now
encompassing multiple distinct "publics.” Among them, each unique and possessing its own distinct
personality, special requests and requirements, are all the people of the community: the residents,
electors, poll workers, taxpayers, businessmen, bankers, merchants, school teachers, PTA groups,
students, vendors, bidders, salespeople, retirees, tourists, professional groups, clubs, local
organizations, churches, schools, regulatory agencies, labor groups, political groups, associations,
homeowner’s groups, institutions, candidates, and the media, to name a few. There is also the internal
public: the mayor, municipal council or commission, municipal manager, municipal attorney,
department heads, and staff. The “public” has expanded and requires increased quality public
relations.
Most people are friendly and courteous when requesting the information they need. Often, members
of the public do not understand complex municipal matters. Some require special care and handling,
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but all members of the public, both external and internal, are entitled to courteous, helpful service.
Therefore, for a municipal clerk, good public relations are essential. Whatever a municipality does
affects someone or a group. The municipal clerk must respond impartially and courteously to actions
that are in the public interest. Branding is a component of public relations. A person’s brand is the image
an individual builds for themself throughout their life. It consists of reputation, personality, appearance,
intelligence, knowledge, ability, pride, and self-confidence. It is based on relations and attitudes toward
others and is founded on good manners and taste. The friendly greeting, the pleasant interaction, and
the cordial departure are the warm, human by-products of good public relations.
Courtesies and assistance extended to the public greatly build confidence in government as an
efficient, responsible civic entity. Good “government” public relations help offset the normal public
resistance to such necessary restrictions, such as traffic regulations, zoning rules, licensing laws, and
taxes.
Citizen Information Office
The municipal clerk’s office is a service department and is the oldest municipal government office. It is
essentially the department where the mayor, council, manager and all departments of the
government, as well as the public, look for information regarding the municipality’s operations.
Frequently, it is the clearinghouse for obtaining data about municipal government. Since constant
reference must be made to the records in the custody of the municipal clerk, an efficient office is
essential.
General Attitudes
Due to the close working relationships with a variety of individuals, the office of the municipal clerk is
continuously under scrutiny. Staff in the office promote the highest quality of public relations yet
protect the municipality’s interests and rights. Courteous and expeditious treatment in handling in -
person, telephone, and written inquiries from the public can contribute significantly to the reaction the
average citizen has to municipal government. Employees should be alert, prompt, courteous, neat,
clean, and appropriately dressed. Their office area, desks, and equipment should be neat and orderly.
Providing Information – Avoiding Errors
a. Verbal Requests – If a person verbally requests a response in writing, it is a good policy to suggest
the request in writing. This practice eliminates misunderstandings and provides what is asked for. However,
state law forbids mandating requests to be in written form. Both the requester and municipal clerk staff
will be more efficiently and effectively served.
b. Surveys – The office of the municipal clerk receives numerous requests for information in the form
of surveys. These should be responded to promptly and accurately. Verify responses with other
departments, if applicable, before returning the completed survey to the requester.
c. Check and Recheck –No information should be given out unless the municipal clerk is sure of the
facts and has ensured that statutorily exempt information is redacted.
d. Special Policies – Some municipalities have established a policy of not reading information over the
phone, or not providing specific, technical information or interpretations over the phone, including
to the media.
Encourage the public to come in and read the documents or obtain copies. These simple precautions
can save time, avoid misunderstandings, and go a long way toward keeping good public relations. A
location should be provided within the clerk’s office for the public to view records while in the office.
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Proclamations
It is often the municipal clerk’s responsibility to propose proclamations recognizing noteworthy events
and activities. Below is an example:
Municipal Clerks’ Week
_____________ ____ through _____________ ____ , _____
(Month) (Day) (Month) (Day) (Year)
Whereas: the office of the municipal clerk, a time-honored and vital part of local government,
exists throughout the world; and
Whereas: the office of municipal clerk is the oldest among public servants; and
Whereas: the office of the municipal clerk provides the professional link between the citizens, the
local governing body, and agencies of government at other levels; and
Whereas: municipal clerk serves as the information center on functions of local government and
community; and
Whereas: municipal clerks continually strive to improve the administration of the affairs of the
office of the municipal clerk through participation in education programs, seminars,
workshops, and the annual meetings of their state, province, county, and international
professional organizations; and
Whereas: it is most appropriate that we recognize the accomplishments of the office of the
municipal clerk.
Now, Therefore, I, ____________, Mayor of _____________, do recognize the week of __________
through __________, _____, as Municipal Clerks’ Week, and further extend appreciation to our
municipal clerk, _______________, and to all municipal clerks for the vital services they perform and
their exemplary dedication to the communities they represent.
SIGNED AND PROCLAIMED this ____ day of ____________, _____.
CITY OF ______________, FLORIDA
_______________________
Mayor
ATTEST:
___________________________
City Clerk
Resolution of Appreciation, Commendation, and Expression of Sympathy
Nothing is more appreciated by a citizen and their family than recognition for their contribution. A
framed “Certificate of Appreciation,” or a “Commendation,” signed, gold sealed , and ribboned and
either presented at a public meeting or delivered with a letter from the municipal clerk, is a suggested
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form of recognition. A sample is below. Also provided is a sample of a resolution of condolence in the
form of an expression of sympathy on the death of a respected citizen.
Commendation:
(Certificate of Appreciation)
Whereas________has submitted his resignation as a member of the Engineering Contractors’
Examining Board; and
Whereas________served on the Engineering Contractor’s Examining Board for 16 years; and
Whereas________was one of the earliest registered professional engineers and land surveyors
in the state of Florida to establish a company to do work in this area; and
Whereas________has taken time from his duties as a successful businessman and executive of a
company which he or she established, to serve graciously and willingly on the
Engineering Contractor’s Examining Board; and
Whereas________has shown unselfish dedication in the performance of his or her duties as a
member of the Engineering Contractor’s Examining Board,
Now, Therefore, we the municipal council of the City of ________________, Florida, do hereby
commend ______________________ for his or her excellent record of service on the Engineering
Contractor’s Examining Board and extend the thanks of the citizens of the City of
_________________ for a job well done.
DATED this _____ day of __________, ______.
_______________________
Mayor
_____________________ _____________________
Commissioner Commissioner
_____________________ _____________________
Commissioner Commissioner
An Expression of Sympathy:
(Resolution)
Whereas ____________was a graduate of Mountain State Teachers College; and
Whereas____________ was a member of the Daughters of the American Revolution and vice
president of the Evening Garden Club; and
Whereas____________ was a member of the Flower Society, the Jacaranda Garden Club, the South
Florida Doll Club, the Boat Club, and the Yacht Club; and
Whereas____________ was a highly respected citizen and will be greatly missed in the
community; and
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Whereas the members of the Municipal Commission of the City of _________________, Florida,
do express their sympathy in the passing of ________________________.
DATED this ______day of__________, ______.
_______________________
Mayor
_____________________ _____________________
Commissioner Commissioner
_____________________ _____________________
Commissioner Commissioner
Chapter IV: Council Meeting – General Procedure
The municipal clerk is the municipality’s recording officer and official custodian of the municipal
records. The clerk attends all municipal council meetings and keeps the official minutes of the
governing body.
Purpose of an Assistant
Although the municipal clerk is often considered the “clerk of the council” and is thereby expected to
attend all municipal council meetings, in many municipalities, the deputy clerk may accompany the
clerk to all meetings to take minutes. At the discretion of the municipal clerk, the deputy clerk may
attend meetings in lieu of the municipal clerk.
Four Classes of Meetings
There are four general classes of meetings concerning the municipal clerk: regular, special,
emergency, and workshop. While the municipal clerk is primarily concerned with the activities of the
municipal council, in some municipalities, the clerk may be required to provide services to various
boards and commissions that also hold meetings and do not have secretaries or clerks.
Regular meetings are usually provided for in the municipal charter or local ordinance. They are held at
stated intervals throughout the year and can be planned for in advance. The bulk of the municipal
council business is conducted at regular meetings, and records need to be accurate and complete. A
portion of a regular meeting may be dedicated to public hearing items such as second readings of
ordinances, zoning changes, etc.
Special meetings are called according to charter provisions and local rules as deemed necessary by
the council.
Emergency meetings are a form of special meeting and often come on short notice.
Workshops are meetings of the whole or part of a municipal council or municipal board, where
extended discussion, debate, and inquiry may take place, but no vote or official action is taken. They
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often concern matters such as the budget, new construction projects, or proposed planning matters.
Although the procedures of these meetings may be less formal than regular council meetings, the clerk
must arrange meeting materials and be prepared to have notes taken and generally serve the needs
of the council or board members in compliance with the attorney general’s opinion (AGO 74-62).
Meeting Notice
Where councils and boards have regularly established meeting times, routine notice must be given to
the members and the public. For special meetings, workshops, and hearings, the municipal clerk
typically bears additional responsibilities to ensure that the right individuals are notified, notices are
displayed in the municipal hall, and other suitable locations, and are also posted on the municipality’s
official website. The municipal clerk must ensure compliance with any requirements for newspaper
advertisements. All notices of meetings and hearings must advise that a record is required to appeal
(Florida Statutes 286.0105).
It is good practice for the clerk to include notice to local newspapers, television and radio news editors
for all special meetings, additional workshops, and hearings. If the municipality has a local cable
company that serves as the municipal hall news channel, the municipal clerk should also place
meeting notices on the cable channel. This service will help to disseminate information and encourage
citizen interest and participation in municipal government.
Some charters specify the minimum number of hours necessary for calling a special meeting and
require that it be called by two council members or by the mayor. Other charters may set a 24-hour
notice time but allow for emergencies. In all cases, the meeting notice must clearly state the purpose or
purposes of the meeting.
Meeting notices, agendas, and minutes on the municipality’s official web page should be updated
regularly.
Preparation of Council Room
Preparation of the municipal council meeting room should be a regularly scheduled procedure, with
sufficient time allowed to ensure that all requirements are met before the commencement of the
meeting. A suggested checklist would be as follows:
1) Be sure the room is clean and set up for the meeting.
2) Be sure nameplates are in the proper order.
3) Set out pads, pens, and sharpened pencils at each council member’s place.
4) Check the sound system and microphones.
5) Set up the audio and video recording systems.
6) Distribute any last-minute material, not available when the agenda was distributed.
7) Set up visual aids, if needed.
8) Assemble municipal clerk’s materials.
9) Ensure state statutes and code of ordinances are available for reference.
10) Ensure the speaker’s podium is in place.
11) Place supply of agendas for public use in a convenient location.
12) Place supply of public participation forms for public use in a convenient location.
Clerk’s Duties at Meetings
At all meetings, the clerk may be expected to:
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1) Call the roll for the attendance record.
2) Keep the minutes of the meeting.
3) Read minutes when called upon to do so.
4) Read the titles of ordinances and resolutions, or read them in their entirety.
5) Read municipal council correspondence.
6) Repeat motions upon request.
7) Record the vote for ordinances, resolutions, and other motions as directed.
8) Record names of citizens speaking at meetings.
9) Accept documents to be presented at the meeting.
10) Perform other duties as assigned by council and/or the municipal manager.
A record of scheduled events for future council meetings and a calendar should be maintained and be
available at council meetings for convenience in setting additional hearings or other presentations.
Rules of Order
The importance of orderly meetings with proper records cannot be overemphasized. The powers of a
municipal council are prescribed in general by state law and the municipal charter. Municipalities are
encouraged to adopt rules of order that provide basic procedures and regulate meetings. It does not
matter whether certain items are considered early or late in a meeting, as long as the rules are
practical, they will act for the convenience of the council and the citizens. The customary proprieties
and legalities should be observed.
Rules of order need not be long. At a minimum, they should 1) provide for regular and special meetings,
2) include a time and place, 3) include a definition of what makes a quorum, and 4) outline other
basics for conducting a formal meeting. Most councils adopt a standard rule book for determining
parliamentary questions not specifically covered in the ordinary rules, such as Robert’s Rules of Order,
Cushing’s Manual, or A Standard Code of Parliamentary Procedure (Sturgis).
Adoption of Ordinances and Resolutions
An affirmative vote of a majority of a quorum present is necessary to enact any ordinance or adopt any
resolution, except that two-thirds of the membership of the board is required to enact an emergency
ordinance. An ordinance is passed on first reading, unless it is an emergency ordinance, and adopted
following the second reading. A resolution is adopted on the first time of consideration by the council
unless it fails adoption. On final passage, the vote of each member of the governing body voting shall
be entered on the official record of the meeting. Every ordinance or resolution shall, upon its final
passage, be recorded in a book kept for that purpose and shall be signed by the presiding officer and
the clerk of the governing body [Florida Statutes 166.041(5)].
There are various ways to record the vote, including roll call in alphabetical order by members voting
“aye” or “nay;” by position, often on a rotating basis, or electronically, which is read aloud by the
municipal clerk. There are optional methods according to local rules of order. A system that allows
different members of the council to cast the first vote may be preferable so that the same member is
not required to vote first at every meeting.
Recess
A recess, for a specified period of time, is generally called by the presiding officer with the concurrence
of the rest of the council members. Recesses are not a device the municipal council may employ to
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avoid the Florida “Sunshine Law,” and a municipal council should meticulously refrain from having a
quorum session in another location or giving any appearance of having conducted public business
during a recess.
Public Participation and News Media
In our democratic society, the public has a “right to know and participate.” In most communities,
citizens desire to participate in meetings. The municipal clerk should strive to make citizen
participation as convenient as possible in both seating and speaking arrangements.
It is important to provide adequate facilities to the news media. The municipal clerk should make a
conscious effort to develop and maintain good relations with the news media.
Motions
A motion is made to bring an item before the council for its consideration. Robert’s Rules of Order
addresses how motions are to be carried out.
After a Meeting
In addition to preparing and distributing the minutes in accordance with the laws or policies
established in the municipality, the municipal clerk usually has the responsibility of preparing the
outgoing communications as a result of the council meetings.
When processing council minutes, be sure to place all hold-over items on the agenda for a future
meeting.
Meeting Calendar and/or Bulletin Board
As a public service, the municipal clerk’s office may maintain a “meeting calendar” which covers
scheduled meetings and events, including council meetings, board and commission meetings, bid
openings, and meetings of other governmental bodies.
Dissemination of such a calendar is by a prominent display. Bulletin boards are often located in the
municipal hall lobby and used to announce meetings publicly. All meeting dates are called into the
clerk’s office for clearance and then placed in the date book maintained for this purpose and placed
on the bulletin board.
Community Calendar
In certain municipalities, the municipal clerk manages a “community calendar” as a public service.
This calendar typically includes events such as council, board, and commission meetings, educational
meetings, cultural events of municipal-wide interest (especially those sponsored by the municipality or
a public agency), and meetings of other governmental bodies.
Dissemination of this calendar can be by press release to the media, by mailing or emailing to a list of
interested citizens, by including the calendar in other municipal mailings, by posting the calendar in
prominent public locations, and/or by placing the calendar on the local government access cable
television channel and/or website or social media.
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Chapter V: Council Agenda
An agenda is an outline or list of subjects to be considered at a meeting. A well-structured agenda may
shorten council meetings, avoid confusion, and promote orderly procedures. Many municipalities have
adopted “an order of business” and/or procedural rules that include the order in which items will
appear on the agenda.
The agenda for a council meeting should follow a format decided upon by the municipality. There are
many variations. The agenda format suggested in this chapter includes the items likely to come before
a municipal council, and the order of placement is at the discretion of the council.
Florida Statutes 286.0105 – Notices of meetings and hearings must advise that a record is required
to appeal. Each board, commission or agency of this state or any political subdivision thereof shall
include in the notice of any meeting or hearing, if notice of the meeting or hearing is required, of such
board, commission or agency, conspicuously on such notice, the advice that, if a person decides to
appeal any decision made by the board, agency or commission with respect to any matter considered
at such meeting or hearing, he or she will need a record of the proceedings, and that, for such purpose,
he or she may need to ensure that a verbatim record of the proceedings is made, which record includes
the testimony and evidence upon which the appeal is to be based. The requirements of this section do
not apply to the notice provided in Section 200.065(3), Florida Statutes.
Preparation of an Agenda
Many municipal clerks prepare council meeting agendas; however, in municipalities with a municipal
manager or administrator, the municipal clerk may work with this individual to confer about or develop
agendas. In council-manager municipalities, it is customary for all agenda items to come through the
municipal manager’s office. In non-manager municipalities, the municipal clerk is usually responsible
for agendas and often works with the mayor to develop the agenda. Department heads are frequently
consulted during this process.
Tracking and Follow-Up System
A critical role of the municipal clerk’s office is to maintain thorough records to ensure that individuals
are notified, and issues are timely scheduled on the agenda before deadlines. expiration dates so that
items do not become past due. All matters that are continued or have a renewal date must be handled
efficiently to avoid missing deadlines. The municipal council agenda pending file, where all new
correspondence, continued matters, and items needing renewal are placed. Also, when processing
council minutes, be sure to place all hold-over items on the agenda for a future meeting.
Deadlines are set by each municipality for receiving new items to be placed on the agenda. Some
municipal clerks show a draft of the agenda, along with attachments such as appropriate
correspondence or other exhibit material, to the mayor, municipal manager, and/or municipal attorney
before finalizing.
In some municipalities, the municipal manager or department director submits an “agenda memo”
that contains detailed information on each agenda item and “recommended action” or “suggested
action” for the council’s guidance. This is not intended as a means of controlling the actions of the
council but of keeping them informed and expediting the meeting.
Copies of all correspondence relating to agenda items should be duplicated and attached to agendas,
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as appropriate, to be distributed to the mayor, municipal council members, municipal manager,
municipal attorney, municipal clerk, department heads, press, public reading file, and others according
to the policies and procedures established in the municipality. However, many municipalities have
moved towards electronic agenda packets as a means of improving efficiency and cost savings.
Agenda Exhibits
The municipal clerk should exercise judgment in the distribution of supplemental agenda material and
let the citizens know that all supplemental information is available in the municipal clerk’s office. If
requested, provide copies of the materials to citizens and news media at copying costs. Remember,
all information is public.
The agenda should be provided to the council in advance of the council meeting, in accordance with
policies established in the municipality, to allow them to consider significant matters before a meeting,
to be apprised of staff’s proposed recommendations, and to review various supplemental materials,
or “exhibits,” that may include copies of local laws, statutes, ordinances, maps, drawings, legal
descriptions of property, municipal board recommendations, and background information.
Once the agenda is distributed, revisions should take place at the meeting.
Posting Agendas
Agendas should be posted in a convenient location, i.e., municipal hall lobby, libraries, post office,
municipal clerk’s office, and any location where citizens congregate or visit. If the municipality has a
local cable news channel, the municipal clerk may wish to broadcast the agenda items. The agenda
may also be placed on the municipality’s official website and social media.
Agenda Format
The following agendas are composites of the standard usage in various municipalities.
Regular Council Meeting:
a. Call to order
b. Pledge of allegiance
c. Invocation
d. Roll call
e. Consent Agenda
f. Proclamations and presentations
g. Approval of minutes of previous meeting(s)
h. Open discussion (any topic citizens)
i. Discussion of agenda items
j. Public hearings
k. Municipal Manager’s report
l. Reports from committees or departments
m. Petitions and communications
n. Old/Unfinished business
o. New business
p. Adjournment
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Special Council Meeting:
The format for a special meeting agenda may be somewhat different. Since special meeting agendas
should not be amended, the agenda should indicate such. The following is a suggested format for a
special meeting agenda (on letterhead stationery):
In accordance with the provisions of (insert municipality’s code of ordinances chapter/section or
other controlling authority) the City of , Florida, hereby call a special meeting of
the City Council to be held in the Council Chambers on (day), (date), at (time), to act on the
following agenda:
(Insert items here)
No other business may be discussed or acted upon at this meeting.
Workshop Meeting Agenda:
Workshop agendas are substantially the same as a regular meeting agenda. Some municipalities
conduct workshop sessions to discuss details of proposed agenda items before a regular meeting. A
workshop meeting may be scheduled at the direction of the mayor, municipal council, municipal
manager, or other charter officer.
The Sunshine Law applies to all functions of the municipal council, whether formal or informal, that
relate to the affairs and duties of the council.
Consent Agenda:
The following are examples of consent agenda items:
a. Approval of minutes
b. Approval of first reading of ordinances (some municipalities do not discuss on first reading)
c. Approval of payment of contract, maps, reports, bids, and agreements
The council has the prerogative to remove an item from the consent agenda for discussion or to take
the issue. To maintain good public relations and citizens’ confidence, it is wise to strongly protect the
right to discuss any item.
Chapter VI: Council Minutes
Municipal clerks in general law municipalities and those governed by charters are specifically required
to record minutes of the council meetings [Florida Statutes 286.011(2)].
Minutes of meetings are important documents for recording consensus and decision-making and for
tracking the evolution of issues and the history of an organization. “Mina’s Guide to Minute Taking,”
available through IIMC (https://www.iimc.com/DocumentCenter/View/586/Minute_Taking-Order-
Form?bidld) offers principles, standards, and practical tools to help reduce anxiety about minute taking
and establish clarity on what to record.
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Purpose of Council Minutes
An important principle of corporation law, applicable to both private, public, and municipal
corporations, is that such organizations can only act through their officers and employees. These
corporations are governed by fixed rules found in the fundamental law of the organization. In the case
of Florida municipal corporations, these rules are found in the municipal charter and the Florida
Statutes.
An accurate, sufficiently clear record of all proceedings must be kept demonstrating that the municipal
council has complied with the law or rules by which it is governed.
Form and Content of Council Meeting Minutes
Use of a standardized format is recommended to develop uniformity of minutes and to save time in
composing the record. Agenda items should be identified in the minutes and follow the order of the
agenda (see Chapter V), summarize the discussion on items, and note the action taken.
Although there is no legal necessity to do so, it is appropriate to mention at the beginning of the
minutes that the meeting was convened and held as noticed. To establish proof that jurisdictional
requirements for holding a meeting have been complied with, it is important that minutes contain the
date, hour, place and type of meeting, and names of council members present and absent, in addition
staff members and/or representatives of the media present may be added. Late arrivals and early
departures should be included, by name, at the time they arrived or departed in the minutes.
The body of minutes should contain a separate paragraph for each agenda item and should reflect:
1. All main motions or motions to bring a main question before council.
2. The maker and seconder of the motions.
3. All points of order or appeals, together with the reasons given by the chair for ruling.
4. The disposition of the motion.
If the council recesses during the meeting, the time of recess and the time of reconvening should be
noted and recorded in the minutes.
Record of Action Taken
According to Roberts Rules of Order (RRO), the minutes are a record of what was done at the meeting,
not what was said by the members. The motion has no legal significance until it is either approved or
denied by the council. The minutes need not reflect the comments made by council members unless
expressly requested. Many municipal clerks, however, will find that the municipal council, by precedent
or by direction, has stipulated the keeping of detailed minutes to clarify or justify their actions. Whether
this is done by stenographic transcript or by some form of recording is a decision for each council.
If a recording device is used, it may be helpful to note on the working copy of the minutes the tape and
index number at the close of the subject. This expedites finding the specific item if a verbatim excerpt
is needed.
Approval of Minutes
Although there is no legal requirement that the council approve minutes, this traditional procedure is
advisable as it lends further weight to the accuracy and completeness of the record. When approved
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as published, or as amended by the council, the minutes are considered to be official.
Corrections to the minutes may be written as follows: Page 5, Item 11, Mayor Smith requested the
motion he revised to include, “based on the request not being in harmony with the Downtown
Redevelopment effect, as well as overcrowding of the parcel.”
In addition, a note should be added in the top margin of the current meeting’s minutes as follows:
Add to the top margin of the meeting minutes amended, the following:
Consent Agenda Items
In reporting action taken on consent agenda Items, the following format is suggested:
• Insert the motion approving the specific items and the voting results.
• Before or following the motion/vote, list the agenda items in chronological order.
• This process is a space saver and provides concise minutes.
Ordinances and Resolutions
Actions taken on ordinances and resolutions are recorded in council minutes. Florida Statutes
166.041(4) states that on final passage, the vote of each member of the governing body voting shall
be entered on the official record of the meeting. Generally speaking, minutes should record the
following data concerning the introduction of an ordinance or resolution:
1. The number, title or subject matter.
2. The names of the council members introducing and seconding.
3. The vote results: spell out the “aye” or “nay” vote of each council member, and whether the
motion passed.
All council members present must vote unless there is a conflict of interest as outlined in Florida
Statutes 112.3143(3) (a).
Compliance
Whenever the basic law or rules of a municipality require that a certain procedure be followed prior to
any action being taken on enacting an ordinance or resolution, the minutes should show such
compliance. This would include a statement referring to the previous introduction of the ordinance and
would include, for example, a reference to an emergency ordinance. Example: Ordinance No. 99-90,
Contains amendment(s) to the
meeting minutes of (date
of meeting minutes being amended)
“Minutes of the (date of
meeting when amendments were
made) meeting contain
amendments to these minutes.
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adopted in accordance with the Code of Ordinances, Section 2-34(2).
Findings of Council
The findings determined by the council, with respect to the matters for which hearings are held, are
carefully incorporated in the ordinance or resolution adopted. As such, the minutes need not record
findings but should merely refer to the adoption or rejection of the ordinance or resolution.
Public Requests
The minutes should reflect only the name of the person making the request, a summary of the subject
matter, and the action taken by the council.
When citizens speak at public hearings, note their name and whether they are for or against an item.
If their comments are significant to the subject and council action, describe them briefly.
Board Minutes and Reports
The minutes should reflect the name of the board submitting the minutes/report and date, the
recommendation of the board, and the disposition made by the council.
Written Reports
A written report presented at a council meeting need only be mentioned in the minutes by reference
unless the council requests that it be summarized. The minutes should reflect the name or title of the
officer, the date of the report, the subject or title of the report, and its disposition.
Oral Reports
When an oral report is made at a council meeting, unless the subject matter warrants additional
information, the minutes should only set forth the name or title of the reporter, the subject of the report,
and the disposition of the report.
Petitions and Communications
Petitions and communications should be recorded to reflect the subject, author, and date of the
document; the number of signatures on the petition; and the action taken by the council.
Debates and Discussions
A council member has every right to express reasons for approving or objecting to any matter appearing
before the council. As a general rule, no reference to council members’ remarks are made in the
minutes except where a council member specifically requests the remarks be included in the minutes
or when a precedent established in the municipality routinely includes such details.
There is a school of thought that debates, arguments and discussion of council members should be
omitted from the minutes of council proceedings, based upon the concept that these entities should
only record the “actions” taken by the council, and they were not meant to include the “reasons” for
taking such action. Others take a contrary view and support the keeping of a complete stenographic
or taped account of all meetings. Each municipality must choose for itself.
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Arguments and Debates at Hearings
Arguments and debates conducted for or against propositions submitted to a municipal council merely
contain the reasoning employed by the advocate, based upon the evidence produced; it serves little
purpose to include them in the minutes of the proceedings unless the council so directs.
Hearings
The same procedures as above may be followed when recording actions of the council relating to public
hearings. The clerk should have available, if called for, proof that the proper notifications and
publications regarding a particular public hearing were complied with as required by state statute or
charter requirements.
Adjournments
In recording adjournment, the minutes should show whether the adjournment was sine die (without
specifying a day for a further meeting), or to another specific time prior to the next regularly scheduled
meeting. The time of adjournment should also be recorded.
Preparation of the Minutes
Minutes of each council meeting should be prepared as soon as possible to be available for approval
by the council at its next regularly scheduled meeting. It is advisable to check the minutes against the
agenda to ensure that no item is overlooked.
When processing council minutes, be sure to place all hold-over items immediately on the agenda for
a future meeting.
Summary of Minutes
A summary of council actions, created and distributed immediately following a meeting, include the
agenda item and action only. This expedites information to department heads, citizens and the press.
Indexing
It is recommended that the municipal clerk maintain a comprehensive general index of the
proceedings of the municipal council meetings. The clerk may maintain a card file on each action of
the council, showing the date, agenda item, and the specific action taken. There are various
computer programs available for this purpose.
The minutes themselves, after having been signed by the municipal clerk or mayor, are then kept
chronologically in books bearing appropriate titles and devoted exclusively to such purposes. There are
various ways to keep minutes, whether chronologically in bound books, loose-leaf binders, or kept in
binders for a certain period for easy reference, and then scanned/microfilmed and/or bound.
Workshop Minutes
Workshop minutes may be prepared in whatever form is desired. They are usually a condensed
summary of the discussions in such form as the clerk and the council deem appropriate.
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Chapter VII: Office Management
As the head of the municipality’s “front office” and keeper of the municipality’s records, the municipal
clerk must constantly be alert for ways to expedite the way business is conducted and information is
created, stored, distributed and retrieved, particularly in accordance with Florida Statutes, Chapter
119, Public Records, which directs that all state, county and municipal records shall at most times be
open for a personal inspection by any person.
The clerk must steadily review methods with a vision, eliminate, combine and simplify steps. For such
a review to be effective, the clerk must know general office management techniques and be aware of
the latest developments in office technology. With the expansion of government at all levels, it is most
important that office procedures utilize an accepted format that all employees can follow.
The purpose of this chapter is to describe to a limited extent some of the methods for improving the
management of the clerk’s office. Attention is directed to general file management, office reproduction
techniques, and methods for improving the handling of mail, and written communications and
inquiries. Records management and microfilming are covered in Chapter IX, Public Records
Management.
Paperwork Management
To perform duties effectively, the clerk must create only essential paperwork as economically as
possible and must efficiently manage paperwork from the moment of creation until final disposition. A
sound paperwork management program will result in reduced handling, faster action, reduced costs,
and better service to the taxpayers.
Municipal clerks should periodically review forms, reports, documents, and correspondence for
duplication, distribution, and usage. Extra copies, including desk copies and information-only copies,
should be kept to a minimum. Distribution should be restricted to those individuals who have an actual
need for the information. Periodic evaluation should be conducted to determine if copies of reports
and records are being used and are still required.
The use of scanners and digital document imaging systems has become a popular means of making
forms, reports, documents, and correspondence more readily accessible to the public. Utilization of a
digital document imaging system greatly reduces the number of extra copies made and allows the
public, as well as other departments from the organization, to conduct research and duplicate what is
necessary.
Many municipalities have moved to paperless agenda packets by using laptop computers or iPads. For
those municipalities that have transitioned to paperless methods, the municipal clerks should work
closely with their information technology departments in the maintenance of electronic records. For
those municipalities that have not moved to paperless, the following information should be taken into
consideration.
Rather than distributing numerous individual information letters, memos, or reports, consider
circulating one copy which is read, initialed, and returned to the sender, or passed on to the next
reader. This results in only one copy, which has been initialed by several persons, being retained for
the record. Of course, some documents cannot be handled in this manner due to the time involved.
The internal distribution of memorandums and reports can be simplified using routing slips on which
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names are preprinted, along with brief statements of action to be taken, such as “read and return,”
“information and file,” or “see me.”
There are many techniques for reducing the accumulation of paper. Consider using the “short note
reply,” which involves writing answers to the written queries on the bottom of incoming documents,
then making copies to be sent out, and filing the originals. The use of backs of letters for copies saves
time and file space. Telephone and routing slips reduce the creation of routine instructional
memorandums.
Restricting memorandums to one subject, keeping them short, and using well-designed forms can
simplify file management. An efficient form design can significantly reduce the need to recopy information
after it is recorded. The clerk should become familiar with standard stock forms available for
government operations and should enlist the assistance of form manufacturers in designing the right
form for a particular job. The International Institute of Municipal Clerks has a manual available
containing numerous sample forms assembled from municipalities throughout the country.
The increased use of personal computers in government has introduced the use of electronic mail,
which allows individuals to send messages, data, or entire files to anyone else who is anywhere on the
communication network. In many instances, this eliminates the use of paper. It is impor tant to
remember that emails have a retention based upon their contents.
Indexing, Filing, and Managing Records
One aspect of managing paperwork is the installation of a filing system that facilitates the accurate
finding of information in a minimum amount of time. There are various records management
handbooks if the clerk has questions as to proper file maintenance. Permanent public records should
be kept in fireproof cabinets, but available for both internal use and that mandated under Florida
Statutes, Chapter 119.
Clerks should develop a filing system that best meets their individual needs. Strict adherence to model
systems does not always provide the flexibility that is required. How files are sorted, file folders labeled
and check-out systems maintained are all determined by past practice and personal preference. If a
paperless system has been implemented, the same considerations can be utilized when filing
electronically.
The design of a particular municipal indexing and filing system might be the joint effort of qualified
staff members and representatives from firms offering filing supplies/equipment. It is common
practice for more than one filing system to be utilized within the municipal clerk’s office, depending on
the types of files being organized.
Sophisticated filing systems that are automated/computerized are continually being developed and
should be reviewed periodically by the municipal clerk for possible application to enhance information
retrieval.
Whenever possible, files should be centralized to avoid duplication of filed materials. The joint use of
files between departmental operations can reduce the total space, equipment, and secretarial staff
necessary to produce and maintain duplicate records and, most importantly, correlate the information.
Example: Maintaining one master inspection file for building, housing, fire, health, plumbing, and
electric will result in all inspectors having access to the complete status report on any one property.
A subject filing arrangement is recommended for most municipal operations because it keeps related
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records together, thereby providing complete information on a particular subject. It provides a practical
method of arranging a large number and variety of records because it can easily be expanded or
modified to incorporate alphabetical, numerical, date, and color arrangements. This system also allows
older, less active portions of files to be moved to archival/inactive storage.
A disadvantage of a subject filing arrangement is that it is difficult to establish and maintain because
no two individuals will always think alike in terms of the same subject title. To function properly, a
subject filing system should include a sample subject outline, which must be kept current. Examples
of subject filing system categories are contractual services, development agreements, engineering,
franchise agreements, legal documents, loans, municipalities, State of Florida, etc.
If an alphabetic system is adopted, it should be remembered that the letters B, C, G, H, M, S and W will
make up 53 percent of the files. Manuals explaining the proper way to index are available from
manufacturers of filing supplies.
Records may also be filed numerically. Municipal clerks often use this system in filing ordinances and
resolutions. A numerical arrangement provides for fact-finding but must be accompanied by an
alphabetic index that relates a name or subject to a particular number. A more sophisticated form of
numerical filing is terminal digit filing, which is designed to spread large volumes of records evenly
throughout a filing system.
Color is used in all types of filing arrangements to simplify the finding of information. Different colors
are used to segregate sections of the system.
The Florida municipal clerk is required by the Administrative Procedure Act (Florida Statutes 120.53)
to maintain a comprehensive general index, identifying for the public, any rule or order issued or
adopted; an indexing/filing system should be developed for council minutes, because they are useless
unless the municipal clerk and staff members can quickly refer to them.
The transfer of inactive records to storage saves official space and reduces overhead. To keep costs
to a minimum, the records should be stored in transfer files. Permanent records should be stored in a
dry and secure area, and provisions should be made to protect them against fire. All transfer files
should be appropriately indexed and dated. Color coding can aid in identifying records to be destroyed
in a particular year. (See Chapter IX, Public Records Management).
As a general rule, original documents should never leave the municipal clerk’s custody; the only
exception would be when they are subpoenaed as evidence in court cases. Unless the original
document is ordered for cause, any certified copy of the original usually is admissible in court.
A file consisting of month and day guides is an excellent method to schedule all follow -up items. This
may take the form of a 3” x 5” card file or may be a 30-day suspense file where the original document,
file, or reminder sheet is placed. Another idea is to utilize the calendar or task function of an email
system, if available, to schedule reminders for follow-up items.
Some municipalities find that as much as two or three months' advance notice should be given when
dealing with contracts, agreements, lease expirations, and insurance policies for arrangements to be
made for renewals. This follow-up procedure may be utilized for any future reminders, which might
include:
1) Commission and board term expirations
2) Insurance and bond expirations
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3) Special permit, contract, and agreement expirations
4) Meetings, bid opening dates, and council calendared items
5) Reports and records of documents sent to the recorder
6) Municipal council chamber reservations
7) Reservations for informational tours of municipal facilities
This system, or any system, should be kept simple and workable. Its success rests upon entering the
date action must be taken on the item, and careful, routine checking of this file. The municipal clerk,
in maintaining a workable system, is relied upon by the municipal council, municipal manager,
municipal attorney, and other departments within the municipality for accurate and prompt
notifications.
Office Reproduction Techniques
Before selecting a copy machine, the municipal clerk should determine the type and size of documents
to be copied, the volume of copy work, the quality of copy desired, the ability to make color copies, the
cost per copy, and what operating and maintenance problems will be encountered. If books or
periodicals are to be copied, a book copier or a copier that can accommodate rigid materials will be
required. The convenience of collating, two-sided copying, automatic feed, and size reduction and
enlargement should also be taken into consideration. Many of today’s copiers are digital and can be
utilized as part of a computer network as a printer and scanner.
Prior to purchasing, the clerk should test different machines using his/her material for originals,
thereby checking the machine’s performance, versatility, special handling of paper, scanning quality, cost
of accessories and supplies, and any special electrical requirements. The availability of prompt
maintenance service is another important factor. Copying cost is affected by waste and overproduction,
so control over the use of the copier in office management should also be considered.
Written Communications and Inquiries
Petitions
The municipal clerk will often receive petitions, either of a legal nature or as a letter of protest or
approval to some item being presented to the council, showing mass signatures thereon. These should
be referred immediately to the municipal manager or mayor for possible placement on the agenda in
the case of a non-legal petition. The Florida State Legislature has passed legislation regarding recall
provisions, making it mandatory that all municipalities follow these regulations.
Departmental and Municipal Matters
The municipal clerk’s office routinely handles many communications that are inquiries of a general
nature about the municipality, its government, procedures, and past actions of the municipal council.
Where feasible, copies of the municipalities’ ordinances, resolutions, and other requested documents
are sent on a courtesy basis, particularly when sending items to another municipality or governmental
agency; however, where a charge for copies is made, it should comply with Florida Statutes 119.07(1)
(a).
If the municipal clerk’s office is unable to supply information of a technical nature, an inquiry should
be routed for answering to the department involved. Information should never be given out unless the
municipal clerk is sure of the facts, particularly if the municipal clerk’s department is not involved. If the
inquiry is routine, the municipal clerk may wish to write the sender a letter informing the party that the
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letter has been given to a special department for a direct answer and then follow up to ensure the
particular department gets the inquiry and a copy of the letter is sent to the inquirer on time.
Conclusion
The techniques discussed above by no means cover the entire area of office management systems
and procedures. Every municipal clerk should consider subscribing to periodicals that will supplement
areas of interest, such as records management, notary functions, and parliamentary procedures.
Various publications on agenda preparation, drafting of ordinances and resolutions, etc., are available
from the International Institute for Municipal Clerks.
Attendance at office supply and equipment conventions, International City/County Managers Association
(ICMA) annual conferences, Florida Association of City Clerks (FACC) conferences and academies, and
university short courses offer other means for the municipal clerk to improve operations and to keep
current with new developments. New techniques are being developed every day, and the municipal
clerk needs to keep abreast of new systems and administrative techniques.
Chapter VIII: Processing Ordinances, Resolutions , and
Providing for Publication and Codification
All matters scheduled to come before a municipal council, including ordinances and resolutions,
should be reviewed and processed by the municipal clerk’s office to ensure compliance with the
Municipal Charter and Florida State Statutes, unless legal review service is otherwise provided by the
municipal attorney. Always consult the municipal charter and code of ordinances to ensure conformity
with local regulations.
Ordinances and Resolutions
Ordinances and resolutions are defined by Section 166.041(1), Florida Statutes:
a. “Ordinance” means an official, legislative action of a governing body, which action is a regulation
of a general and permanent nature and enforceable as a local law.
b. “Resolution” means an expression of a governing body concerning matters of administration,
expression of a temporary character, or a provision for the disposition of a particular item of the
administrative business of the governing body.
Procedures for Adoption
Florida Statutes Section 166.041 sets forth a uniform procedure for the adoption and enactment of
municipal ordinances and resolutions. While a municipality cannot reduce requirements as specified
under this section, it may impose more stringent requirements by ordinance or charter amendment.
1) Each ordinance or resolution shall be introduced in writing, shall embrace but one subject, and that
subject shall be clearly stated in the title.
2) The majority of the members of the governing body shall constitute a quorum. An affirmative vote
of a majority of a quorum present is necessary to enact any ordinance or adopt any resolution ,
except that two-thirds vote of the governing body is required to enact an emergency ordinance.
3) On final passage, the vote of each member of the governing body voting shall be entered on the
official record of the meeting. All ordinances or resolutions passed by the governing body shall
become effective 10 days after passage or as otherwise provided by statute.
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4) Every ordinance or resolution shall, upon its final passage, be recorded in a book kept for that
purpose and shall be signed by the presiding officer and the clerk of the governing body.
Ordinances
1) No ordinance shall be revised or amended by reference to its title only. Ordinances to revise or
amend shall set out in full the revised or amended act or section or subsection, or paragraph of a
section or subsection.
2) A proposed ordinance may be read by title, or in full, on at least 2 separate days and shall, at least
10 days prior to adoption, be noticed once in a newspaper of general circulation in the municipality.
The notice of proposed enactment shall state the date, time, and place of the meeting; the title or
titles of proposed ordinances; and the place or places within the municipality where such proposed
ordinances may be inspected by the public. (Note: the governing body of a municipality may, by a
two-thirds vote, enact an emergency ordinance without complying with this requirement.)
3) The notice shall also advise that interested parties may appear at the meeting and be heard with
respect to the proposed ordinance.
4) Ordinances that change the actual list of permitted, conditional, or prohibited uses within a zoning
category, or ordinances initiated by the municipality that change the actual zoning map designation
of a parcel or parcels of land shall be enacted pursuant to the procedure outlined in Section
166.041(3)(c).
5) Florida Statutes Section 166.041(4) requires the municipality prepare a “business impact
estimate” before the enactment of a proposed ordinance. A “business impact estimate” is a
written document that contains specific information relevant to the local business community,
such as:
• A summary of the proposed ordinance;
• An estimate of the direct economic impact of the proposed new municipal ordinance on
private, for-profit, businesses;
• An estimate of direct compliance costs that businesses may incur if the proposed new
municipal ordinance is adopted;
• Identification of new charges and fees imposed on businesses subject to the proposed
new municipal ordinance;
• An estimate of expected regulatory costs and revenues; and
• A good faith estimate of the number of businesses impacted by the proposed new
municipal ordinance.
The business impact estimate must be posted on the municipality's website no later than the date the
notice of proposed enactment is published.
The new business impact estimate statute does not apply to several categories of municipal ordinances
such as: (a) ordinances required for compliance with state or federal law; (b) ordinances relating to debt;
(c) ordinances relating to the adoption of budgets and revenue sources; (d) ordinances required to
implement a contract or agreement; (e) emergency ordinances; (f) procurement ordinances; and (g)
ordinances that implement growth policy, planning and land development regulation. The new statute
also does not apply to ordinances that implement the Florida Building Code or the Florida Fire Prevention
Code.
After 5 years, substantial compliance with the provisions contained in F.S. 166.041, it shall be a defense
to an action to invalidate an ordinance or resolution for failure to comply with the outlined provisions
within this section.
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Sample Procedure for Regular Ordinances
1. An ordinance may be initiated by any member of the municipal council. It may be drafted and placed
on the council agenda for introduction, or published first and then placed on the agenda for council
action.
2. A standard form may be used to publish ordinances for public hearings. In most cases, it is sufficient
to publish by title only. However, a few words of explanation may be incorporated.
3. Upon conclusion of the initial public hearing and upon the enactment of an ordinance, some
charters require that it be published again, indicating the enactment date, with the title or short
explanation.
4. In the case of an emergency ordinance, because it is enacted at the same time it is introduced,
advertising is not required. Many charters provide a limit beyond which the emergency ordinance
is no longer in effect, and a new or “ratifying” ordinance to continue it is treated as a regular
ordinance.
5. Following the enactment of the ordinance, it is signed by the presiding officer, attested by the
municipal clerk, sealed, and ready for retention according to the provisions of Florida Statutes and
the procedures adopted in the municipality. A common practice is to keep the original documents
in a fireproof filing cabinet and maintain two index files, one by subject and one by number, on
which the adoption date and vote are logged. The current trend is to utilize digital document imaging
to maintain the record copy and/or index files.
Legal and Official Advertisements
Under Florida Statute 50.0211 a governmental agency may opt for internet-only for the vast majority of
notices of certain conditions are met.
Sample Procedure for Special Ordinances
Abandonment Ordinances
The principal types of abandonments are the abandonment of easements, rights of way, streets, and
alleys. Ordinances pertaining to these abandonment matters must be published in all respects, as noted
above in the section pertaining to standard ordinances. In addition, abandonment ordinances require
notices to be sent to all property owners immediately adjacent to the site referenced in the ordinance ,
the property owner of the site referenced in the ordinance, and the franchised utility companies operating
within the municipality.
Notices shall be mailed no less than 10 days preceding the public hearing da te. A standard form may
be used, and a small map may also be attached to better identify the area to be abandoned.
Rezoning Ordinances
Procedures for the adoption of rezoning ordinances are referenced in Florida Statutes, Chapter 166.
Notice of Zoning (Permitted Use) Change
The (name of local government) proposes to rezone (change the permitted use of) the land within the area
shown on the map in this advertisement.
A public hearing on the rezoning will be held (date and time) at (meeting place).
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The advertisement shall also contain a geographic location map that clearly indicates the area covered
by the proposed ordinance. The map shall include major street names as a means of identification of
the area.
In lieu of publishing this advertisement, the municipality may mail a notice to each property owner in the
area covered by the ordinance. The notice must clearly explain the proposed ordinance as set out, the
date, time, and place of both public hearings (see Florida Statutes 166.041 and Florida Statutes 50).
Resolutions
Most resolutions do not need to be published. The law dealing with municipal improvements (Florida
Statutes 170) does require that the initiating resolution for any given project requiring a special
assessment be published in full. The municipal clerk should consult that chapter as needed. The initial
resolution would serve to declare the intention to impose the special assessment.
Municipal Improvement Project
Upon publication of the initial resolution, the municipality would develop the second resolution regarding
a municipal improvement project, which, in effect, would set the date for a public hearing on the proposed
project. The second resolution, itself, is not published, but instead, a notice of the proposed public
hearing must be advertised. It is not necessary to publish the entire assessment roll.
When an assessment project is initiated, it is a good idea to establish a file for that project to house all
pertinent resolutions, ordinances, notices to the public, owners’ lists, etc. Records of proceedings may
be maintained on a tally sheet, which is always kept in the office of the municipal clerk for easy access
until the project is complete. Upon completion, the entire file may be transferred to storage for
safekeeping. Notices sent to property owners regarding their assessments should indicate the front foot
charge, the unit charge, where applicable, and other pertinent data.
Election Resolution
Under this heading, the municipal clerk should review the municipal charter and ordinances and consult
the current Florida Election Code as published by the Elections Division of the Secretary of State’s Office
in Tallahassee.
Publications
From time to time, other municipal departments may submit items for publication to the clerk, such as
notice of bids and public hearings. These items are typically published twice, although there is no set
procedure. For bid items, the publication dates should be coordinated with the date specified for
receiving the bids in order to give the bidders as much time as possible to obtain, complete, and submit
the forms within the deadline. It is a good idea to schedule at least one week between publications,
although this is not mandatory. Additionally, a good advertising guideline for construction projects can be
found in Florida Statutes 255.0525(2).
Recording Publications
Publications should be recorded in the same manner as ordinances and resolutions. It is recommended
that municipal clerks maintain the publication log, “record of notices for publication,” in a file for quick
reference. The log should contain such information as the date sent to the newspaper, the publication
date(s), affidavit of publication, and cost.
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Codification
As a rule, resolutions are not codified. However, they may be codified if a municipality so desires,
depending on the subject matter. All ordinances requiring codification for incorporation into the code of
ordinances should be noted therein. If questions arise as to whether a particular ordinance is to be
codified, staff should consult with the municipal attorney. In some municipalities, it is standard practice
to certify all ordinances submitted for codification.
Ordinances most generally not codified are:
• Abandonments
• Bond validation
• Changes to personnel rules and regulations
• Confirmation and approval of assessment rolls
• Emergency ordinances
• Interdepartmental transfer of funds
• Future Land Use and Rezoning Amendments
• Budgets
If the municipality has a regular method of coding ordinances, at the end of every quarter, copies of all
ordinances to be codified should be forwarded to the appropriate agency or company that has the
contract to maintain the municipality’s code. Always ensure that the entire ordinance is sent. It will take
about six weeks to receive the completed supplements.
Examples of Notices
A standard ordinance publication form may be substantially as follows:
PUBLIC HEARING NOTICE
CITY OF ____________
Per Florida Statutes 166.041(3)a notice is hereby given that the City (insert City) City Commission will
consider the following Ordinance(s) on the second and final reading and hold a public hearing on Monday,
January, 8 2024, at 7:00 p.m., or soon thereafter, in the City Commission Chambers at (insert address).
ORDINANCE NO. 1518-24
AN ORDINANCE OF THE CITY OF (insert name), FLORIDA AMENDING APPENDIX A, GENERAL EMPLOYEES’
RETIREMENT SYSTEM OF THE CODE OF ORDINANCES OF THE CITY OF LAKE ALFRED; AMENDING SECTION
4, FINANCES AND FUND MANAGEMENT; AMENDING SECTION 7, PRE- RETIREMENT DEATH; AMENDING
SECTION 15, DISTRIBUTION OF BENEFITS; AMENDING SECTION 25, MILITARY SERVICE PRIOR TO
EMPLOYMENT; AMENDING SECTION 26, DEFERRED RETIREMENT OPTION PLAN; AMENDING SECTION
27, PRIOR GOVERNMENT SERVICE; AMENDING SECTION 29, PURCHASE OF NON -QUALIFIED SERVICE
CREDIT; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL
ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE.
Documents pertaining to the above-referenced items may be reviewed at the City Clerk’s office, Monday-
Friday 8:00 a.m. to 4:30 p.m. on weekdays. All persons having an interest in the above-described hearing
are invited to be present at this meeting. If a person decides to appeal any decision made by the board,
agency, or commission concerning any matter considered at such meeting or hearing, he or she will need
a record of the proceedings, and, for such purpose, he or she may need to ensure that a verbatim record
of the proceedings is made, which record includes the testimony and evidence upon which the appeal is
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to be based (s. 286.0105, F.S.)
Individuals who do not speak English as their primary language and who have a limited ability to read,
write, speak, or understand English may be Limited English Proficient and may be eligible to receive
language assistance for the service, benefit, or encounter.
Persons with disabilities needing special accommodation to participate should contact the City Clerk no
later than five (5) days before the proceedings (863) 291 -5270. Vision or hearing impaired, please call
Florida Relay Service at 711.
City of ______
(Name), (Credentials)
(Title)
Conclusion
While every municipality is different and unique in its own way, each clerk must know their City’s Charter,
the Code of Ordinances, and the Land Development Codes. Within those documents, there may be
additional requirements that have to be followed and a re specific to the City. Consult the municipality’s
City Attorney with any questions.
Chapter IX: Public Records Management
Records management is making sure information is available when and where it is needed. It controls
and manages the flow of information and provides for retention, storage, and disposal of records. Some
of the benefits are saving space, reducing expenses, retrieving information more efficiently, complying
with legal records retention requirements, controlling the creation of new records, and identifying
historical records.
The Florida Department of State, Division of Library and Information Services (Division) website,
https://dos.myflorida.com/library-archives/records-management/, is an essential resource for a
successful records management program. Additionally, a records management program is a municipal-
wide endeavor and requires full cooperation from all staff members.
On the Division’s website are several elements that provide detailed guidance, being: General Records
Schedules; Records Management Liaison Officers; Forms and Publications; Records Management
Training; Disposing of Public Records; State Records Center; About Records Management; Florida
Statutes and Rules; Disaster Recovery; and Records Management FAQ. These resources will aid in an
effective records management program.
Records Management Liaison Officers (RMLO)
Every agency is required by law to appoint an RMLO to serve as a point of contact between the agency
and the Division of Library and Information Services’ records management program. Typical duties might
include:
• Reports agency’s compliance statement annually to the Division.
• Helps ensure proper disposition of eligible records.
• Trains and advises agency staff in records management practices.
• Responds to questions from the public regarding agency records.
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• Works with the Division to establish retention schedules.
• Inventories agency records.
• Participates in agency decisions regarding microfilming, imaging, storage, and disposal.
Training
The Division’s website includes training webinars that provide the municipality with an efficient and
economical alternative to on-site training. These webinars are available upon request and can be tailored
to the municipality’s specific needs. It also includes an overview of Florida’s Public Records Law, methods
of records inventory, and how to determine retention and disposition requirements. To schedule a
webinar, contact rmtraining@dos.myflorida.com. Topics covered are:
• Benefits of records management.
• Legal mandates.
• Identifying public records.
• Records retention.
• Records storage.
• Records disposition.
• Public records access.
General Records Schedules
The general records schedules established by the Department of State are intended for use by state,
county, municipality, and special district public records custodians. If the municipal clerk is unsure of the
municipality’s status as a “public agency,” consult legal counsel and/or the Florida Attorney General’s
Office for a legal opinion. The Department of State publishes the following general records schedules:
GS1-SL State and Local Government Agencies
GS2 Law Enforcement, Correctional Facilities, and District Medical Examiners
GS3 Election Records
GS4 Public Hospitals, Health Care Facilities, and Medical Providers
GS5 Public Universities and Colleges
GS7 Public Schools Pre-K-12 and Adult and Career Education
GS8 Fire Departments
GS9 State Attorneys
GS11 Clerks of Court
GS12 Property Appraisers
GS13 Tax Collectors
GS14 Public Utilities
GS15 Public Libraries
All Florida public agencies are eligible to use the GS1-SL, which provides retention periods for the most
common administrative records, such as routine correspondence and personnel, payroll, financial , and
legal records. General records schedules GS2 through GS15 apply to program records of specific
functional areas, such as elections administration, tax collecting, or law enforcement, each of which has
unique program responsibilities and thus unique records retention requirements. The GS2 through GS15
should be used in conjunction with the GS1-SL to cover as many administrative and program records as
possible.
The retention periods set forth in the general records schedules are based on federal and state laws and
regulations, general administrative practices, and fiscal management principles. Please note that these
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are minimum retention periods; public agencies may retain their records longer at their discretion. Certain
accreditation committees may have standards that require longer retention periods. Contact the
accrediting organization for more information on their requirements. In addition, federal, state, or local
laws and regulations regarding recordkeeping and records retention for specific agencies or specific types
of records might require a longer retention than indicated in this general schedule. Agencies should be
aware of all laws and regulations relating to their records and recordkeeping requirements. However,
remember that a public agency is not permitted to reduce the retention periods stated in a general records
schedule.
For additional information on records retention and disposition, please refer to The Basics of Records
Management Hhandbook, which is available on the Department’s website at:
https://dos.myflorida.com/library-archives/records-management/records-management-liaison-
officers/.
Disposal of Public Records
The proper disposal of records is vital to a successful records management program. Below are a few
tips:
1) Make sure the retention requirements have been met. Please consider:
• Retention schedules
• Audits
• Litigation
• Public records requests
2) Document disposal on a disposition form. A model form (PDF) is available on the Division’s
website, but any form may be used that includes the following information:
• Retention schedule number
• Item number
• Record series title
• Inclusive dates
• Volume (It is not necessary to indicate the volume when disposing of electronic records)
• Disposition action and date
3) Ensure proper destruction of physical records.
• Confidential or exempt information must be destroyed in a way that ensures there is no
unauthorized access.
• This information must not be able to be read or recovered after disposal.
• Approved methods of destruction are available on the Division’s website.
Disaster Recovery
On the Division’s website is a section that addresses disaster recovery. This section should be reviewed
prior to a disaster. This section also covers disaster recovery vendors, how to dispose of unrecoverable
public records, mold and mildew, and vendors who specialize in mold remediation.
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State Records Center
The State Records Center offers state and local government agencies low-cost storage, reference service,
disposal of inactive paper records, and security microfilm and electronic media storage. The Center's
primary function is to serve agency needs for inactive records maintenance and security, acting as an
extension of an agency’s record-keeping system. As needed, the custodial agency may retrieve or
permanently withdraw records stored at the Center. The Bureau of Archives and Records Management,
within the Florida Department of State, Division of Library and Information Services, operates the State
Records Center.
Statutory Authority
Chapter 119.011, Florida Statutes, commonly known as the public records law, defines “public records”
as “all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data
processing software, or other material, regardless of physical form, characteristics, or means of
transmission, made or received pursuant to law or ordinance or in connection with the transaction of
official business by any agency.” It also defines “agency,” providing an inclusive listing of state, local and
special government officials and organizational elements subject to laws and regulations pertaining to
public records. In addition, the chapter establishes the legal basis for the custody and disposal of public
records and for public access to these records.
Chapter 257, Florida Statutes, Florida Archives and History Act, establishes the state’s records
management and archives program under the Division of Library and Information Services of the
Department of State (Division) and specifically provides a system for the scheduling and disposal of public
records. The act also authorizes the Division to establish and coordinate standards, procedures , and
techniques for efficient and economical record making and keeping.
Noncompliance
Failure to comply with the Public Records Laws results in a violation of Section 119.10(1) of the Florida
Statutes and is a noncriminal infraction punishable by a fine not to exceed $500.00.
In addition, Section 119.10(2), F.S., states that “[a]ny person who willfully and knowingly violates: (a) Any
of the provisions of this chapter commits a misdemeanor of the first degree, punishable as provided in s.
775.082 or s. 775.083.(b) Section 119.105 commits a felony of the third degree, punishable as provided
in s. 775.082, s. 775.083, or s. 775.084.” Third degree felonies are punishable by a fine of up to
$5,000.00 and/or up to 5 years in prison (for habitual felony offenders, up to 10 years in prison).
Additional Education
The following organizations offer education/certification in records management:
Florida Records Management Association, https:///frma.org/FCRM_Certification; and
University of Central Florida’s Division of Continuing Education,
https://careertraining.ed2go.com/ucf/training-programs/records-management.
Periodically, IIMC and FACC also offer online or in-class courses.
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Chapte r X: Miscellaneous – Boards, Committees,
Employee Organizations, Auctions, Oaths
The municipal clerk’s office generally performs a number of miscellaneous duties such as processing
applications, preparing agenda memos for appointments by the municipal commission, certifications,
administration of oaths, auctions, employee elections, and providing board and committee support.
Some of these tasks must be conducted in accordance with state statutes, while others may be carried
out following policies established within the municipality.
Boards and Committees
Every municipal commission has a number of boards and committees tasked with various aspects of
civic affairs. Some may be organized for a temporary purpose, while others are permanent and function
with the municipal government on a regular basis. Most permanent boards and committees require the
services of personnel from municipal departments and may require administrative support services from
the Office of the Municipal Clerk. Duties associated with such work might be:
1) Attending meetings
2) Taking minutes and keeping records
3) Preparing agendas and distributing minutes
4) Filing and preserving material
5) Preparing correspondence and notices
6) Performing other work as directed by the board or committee chairperson.
7) Providing for Sunshine Law training
The municipal clerk should be aware that board and committee support may require an irregular work
schedule involving evening meetings. Whether the municipal clerk attends such meetings or directs a
staff member to attend, issues such as “flex” scheduling, overtime pay , or compensatory time must be
considered.
The municipal clerk may find it helpful to keep a list of all appointed or elected boards, to include dates
of appointment and expiration of terms. In this way, the municipal clerk can assist in maintaining board
membership by renewal of terms or application of prospective new members to avoid board vacancies.
In many municipalities, the municipal clerk will provide board members with a packet of informational
material that contains an explanation of appointment procedures, oath of office, expiration dates,
meeting schedules, financial disclosure regulations, and other pertinent material. Some municipalities
also send members a “Certificate of Appointment.”
It is customary for the municipal clerk to issue a “Certificate of Appreciation” with an appropriate cover
letter for board and commission members who have completed their terms of office or have reached
certain landmark dates, such as five or 10 years of service. (See exhibit following Chapter III.)
Certification
The municipal clerk is often required to certify municipal documents. The use of a simple form is most
efficient for this purpose. A short form certification statement stamped directly on a document, dated,
signed, and sealed, may be used rather than typing individual certification forms, see sample below.
Some municipalities charge a fee for this service.
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SAMPLE FORM FOR CERTIFICATION:
State of Florida
County of _________
I, the undersigned, duly appointed City Clerk of the (insert name of municipality), Florida, hereby certify
that the attached is a true and correct copy of (insert name of document), as shown in the records of
the city on file in the office of the Municipal Clerk.
Witness, my hand and the corporate seal of the City of ,
Florida, this day of , .
(Corporate Seal) Name
City Clerk
City of
Florida
Employee Elections and Referendums
In accordance with the municipal charter, ordinances, resolutions, and various work contracts, the
municipal clerk may be called upon to conduct elections, ranging from placement of an employee to a
board to a referendum among employees pertaining to a labor union contract.
In these cases, the municipal clerk should become familiar with the details of the municipal charter,
ordinances, resolutions, and any applicable regulations of the state Public Employees Relations
Commission (PERC) in Tallahassee, which governs labor relations and public service unions. The
assistance of the municipal attorney may become necessary in this process.
While these elections must be conducted in accordance with the laws and policies established in the
municipality, certain elements should be addressed in the process: development of an accurate list of all
eligible voters (employees), proper notice requirements, preparation of ballots, scheduling of election
periods, assuring secrecy and security of the ballot and count, tallying of the ballots, notification of
successful candidates and publication of the results.
Oaths
Upon assumption of office in most municipalities, council and board members are typically sworn into
office by the municipal clerk. In some cases, the mayor may conduct the investiture, but it is the
Municipal Clerk who prepares and maintains the records.
A file of all oaths taken by incumbent officials must be maintained, in addition to the oaths taken by
qualifying candidates for the municipal council, which are given at the time of filing for candidacy.
Every person employed by a municipality must take a loyalty oath prior to the approval of payment of
salary, expenses, etc. The oath shall be in the following form:
I, ___________, a citizen of the State of Florida and of the United States of America, and being
employed by or an officer of the Municipality of, and a recipient of public funds as such
employee or officer, do hereby solemnly swear or affirm that I will support the Constitution of
the United States and the State of Florida.
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Allowing a person to work on behalf of the municipality who has not taken the oath is a second-degree
misdemeanor. Therefore, it is advisable for the Municipal Clerk to ensure the oath has been taken by
all persons working under his/her jurisdiction. (See Florida Statutes 876.05 through 876.10.)
Auctions – Abandoned, Surplus, Unclaimed Property
The municipal charter and/or various ordinances typically cover the disposition of obsolete, unclaimed,
and abandoned property. Florida Statutes 705.103 outlines the procedure for the disposition of property
that must be followed by any law enforcement agency prior to the auction of lost and abandoned property.
The items to be auctioned are usually acquired by the police department, the public works department,
and the parks and recreation departments in the course of their normal operations, although smaller
amounts may come from other departments. The municipal clerk may coordinate matters with all
municipal departments and supervise the disposition by auction of such property.
Auctions should be held at regular and well-publicized intervals. Sometimes, there will be an annual
auction with special auction sales as necessary. Many online auctioneers will run an online auction for
the municipality. The municipality’s code of ordinances should define the procedures for such auctions.
Some of the steps involved in an auction are:
1) Prepare a list of properties from the municipal departments well in advance of the auction.
2) Publish auction notices and lists.
3) Arrange for municipal employees to assist.
4) Arrange for the property to be exhibited and displayed prior to sale.
5) Arrange for assistance and procedures in making change, clearing checks, and collecting money.
6) Designate a trained auctioneer, the municipal clerk, or another municipal employee to conduct the
sale.
7) Make a full report following the auction, with an accounting of all funds, to the municipal manager
or council.
Chapter XI: Elections
This chapter is designed to provide, general guidance to the municipal clerk for supervising and
conducting municipal elections. Much of the material is broad in nature because procedures vary among
municipalities in accordance with charter requirements, special acts, and relations between the
municipal clerk and the county supervisor of elections.
Municipal elections in Florida are held to nominate and elect mayors, council or commission members,
and, in a few cases, other municipal officials. Municipal elections are also held to submit to the electorate
referendum measures, including charter amendments, bond issues, annexation of territory, recall of
elected officials, citizen referenda, and initiatives.
The Florida Department of State, Division of Elections, publishes the most recent issue of the Florida
Election Code on its website. The Election Code consists of Chapters 97 through 106, Florida Statutes.
The Division of Elections also supplies all manuals and forms needed to administer an election. This
includes the most current accounting procedures for candidates and candidate qualifying forms. These
forms can be downloaded from the Division of Election’s web site.
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The Florida Election Code may be amended annually by the legislature, and the municipal clerk should
become familiar with all legislation governing elections. Additionally, the Division of Elections periodically
issues advisory opinions, directives, and rules related to provisions of the Election Code. Their website
has a searchable database that can assist in locating needed information, such as forms, campaign
finance information, and advisory opinions.
The municipal clerk must work closely with their municipal attorney in navigating questions that may arise
during the election process.
Qualifying/Filing Officer
The municipal clerk traditionally serves as the qualifying/filing officer for municipal elections, even when
municipal elections are conducted under the direction of the county supervisor of elections. The qualifying
officer administers the candidate oath, accepts the qualifying fee (if applicable) and the state election
assessment fee, and receives required documents during the qualifying process as well as campaign
treasurer’s reports through the election cycle.
Election Procedures
Election procedures for standalone municipal elections vary from the election procedures for followed
when elections are held in conjunction with county, state, and national elections under the direction of
the county supervisor of elections. Speak with the county supervisor of elections office to determine which
aspects of the elections process they will manage.
For instance, some will publish all required legal notices while others may provide draft language for the
municipal clerk to publish. Confirm the division of duties in advance so that you can account for the time
and budget needed to conduct each election.
Election Dates and Qualifying Period
Dates for the primary (if required), general, and special elections, as well as the qualifying period, are
established by municipal charter or code. If no such provision exists, the qualifying period is established
in accordance with Florida Statutes, Chapter 99.
Candidate Packet
In order to promote candidates’ trust in the municipal clerk’s office and elections process, meet statutory
requirements, and facilitate a smooth election process, it is recommended a candidate packet including
required forms and helpful information be made available to interested parties. Items recommended for
inclusion are:
• Seats up for election
• Description of responsibilities of elected officials in the municipality
• Qualifying Period
• Voter Registration book closing date(s)
• Election Date(s)
• Qualifying filing forms (verify you have the most up-to-date versions each year)
o Form DS-DE 9 – Appointment of Campaign Treasurer and Designation of Campaign Depository
o Form DS-DE 84 – Statement of Candidate (must file within 10 days of submittal of Form DS-DE
9)
o Form DS-DE 302NP – Oath of Candidate – Nonpartisan Office
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o Form 6 – Full and Public Disclosure of Financial Interests from the Florida Commission on Ethics
(candidate completes online and then files printed copy with the qualifying officer)
o Filing/State Assessment Fees OR Form DS-DE 19A – Affidavit of Undue Burden (applies only in
the petition process; waives fees for signature verification)
o Other items that may be required by the municipal Code of Ordinances
• Current edition of the Florida Election Code from the Florida Division of Elections
• Current edition of the “Candidate and Campaign Treasurer Handbook” from the Florida Division of
Elections
• “Guide to the Sunshine Amendment and Code of Ethics for Public Officers and Employees” from the
Florida Commission on Ethics
• Any municipal election and ethics laws
• Florida and municipal laws regulating campaign signs
• Schedule for campaign treasurer’s reporting filings, contribution deadline(s), and reporting forms
• List of precincts and polling locations
• Poll Watcher Information/Deadline(s) and Form DS-DE 125 – Designation of Poll Watchers
• Procedure to obtain registered voter information
• Instructions for requesting a vote-by-mail ballot
• Florida Elections Commission complaint process and contact information
• Contact information for the Florida Commission on Ethics and the county supervisor of elections
office
Campaign Finance Requirements and Reporting
The table below summarizes major campaign finance reporting requirements as established in Florida
Statutes Chapter 106.
Florida Statute 106.07(1)
Quarterly Reports
Regular reports shall be filed of all contributions
received and expenditures made on the 10th day
following the end of each calendar quarter from the
time the campaign treasurer is appointed, except
for the third calendar quarter immediately
preceding a general election. If the 10th day
following the end of a calendar quarter occurs on a
Saturday, Sunday, or legal holiday, the report must
be filed on the next following day that is not a
Saturday, Sunday, or legal holiday.
Florida Statute 106.07(1)(b)
Primary Election and General Election Reports
Reports filed on the 60th day immediately
preceding the primary election, and biweekly on
each Friday thereafter through and including the
4th day immediately preceding the general
election.
Additional reports are due on the 25th and 11th
days before the primary election and general
election.
Florida Statute 106.07(2)(a)1.
Deadline for Reports
Reports shall be filed not later than 5 p.m. of the
day designated; however, any report postmarked
the United States Postal Service no later than
midnight of the day designated is deemed to have
been filed in a timely manner.
Florida Statute 106.07(8)
Notice of and Fine for Late Filings
Any candidate failing to file a report on the
designated due date is subject to a fine, as
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described in the statute, for each day late and
must be paid from the candidate’s personal funds.
The fine shall be deposited in the general revenue
fund of the municipality. This section also includes
provisions regarding the required notice of a late
filing and the associated fine.
Florida Statute 106.08(3)
Deadline for Contributions
(4) Any contribution received by a state or county
executive committee or affiliated party committee
less than 5 days before an election shall not be
used or expended in behalf of any candidate,
issue, affiliated party committee, or political party
participating in such election.
Florida Statute 106.141(1)
Disposition of surplus funds by candidates.
Each candidate who withdraws, becomes
unopposed, or is eliminated as a candidate or
elected to office shall, within 90 days, dispose of
the funds on deposit in their campaign account
and file a report reflecting the disposition of all
remaining funds.
Florida Statute 106.141(8)(b)
Termination Report Notice
The filing officer shall notify each candidate at least
14 days before the date the termination report is
due.
Voting Precincts
The county supervisor of elections establishes election precincts and designates their numbers,
boundaries, and locations. While the municipality may, particularly for a “special” election, establish its
own precincts, the common practice is to use the precincts established by the county supervisor of
elections.
Voting Machines and Systems
Chapter 101 of the Florida Statutes authorizes the use of standard voting machines, voting machine
equipment, and electronic and electromechanical voting systems in which votes may be counted by data
processing machines. Only voting equipment approved by the Florida Division of Elections may be used.
Experimental use of voting equipment is also authorized by state law.
The county supervisor of elections is responsible for the voting machines/systems and for conducting the
logic and accuracy test of the automatic tabulating equipment. Florida Statute 101.5612 details the
requirements for testing the equipment, including public notice of the testing and written notice to
candidates, either at the time of qualifying or at least 30 days before early voting.
Voter Registration
Municipalities are not responsible for voter registration. The Florida Division of Elections, Bureau of Voter
Registration Services, coordinates and maintains the official statewide voter registration system,
including assisting supervisors of elections with the voter registration and voter removal processes. Per
Florida Statute 97.055, persons must be registered to vote 29 days prior to an election to be eligible to
vote in the election.
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Canvassing Board
In years where municipal races are held in conjunction with county, state, and national elections, the
county’s canvassing board will perform the duties required in Florida Statute 102.141. For elections
which are not held in conjunction with county, state, or national elections, refer to your municipal charter
for information on the composition of the canvassing board for such elections. Canvassing board
meetings require notice, details of which can also be found in Florida Statute 102.141.
Election Calendar
Advanced planning is essential for conducting a smooth election. Whether the municipal clerk is
responsible for all or part of an election, an “election” calendar is highly recommended and its preparation
should take place 6 to 8 months in advance of an election. Online date calculators can be used to
calculate dates described in the statutes.
The election calendar should at a minimum include the following, unless the municipal charter/code
dictates otherwise:
1) The dates for all elections (primary, run-off, general) in the election cycle. These dates will be
governed by the municipal charter or code, or the Florida Statutes.
2) The qualifying period.
3) Reminder to send the list of qualified candidates and designated seats to the county supervisor
of elections and notice on the municipal website/social media as desired.
a. Special note: should a municipal election be scheduled close to a Presidential Preference
Primary (PPP) election, the county supervisor of elections will request the election be held in
conjunction with the PPP. This provides cost savings to the municipality, as the county
supervisor of elections will absorb most of the costs, as well as securing precincts and poll
workers.
4) Deadline to publish candidate packets and the campaign finance reporting schedule.*
5) Due dates for campaign treasurer reports to include report type and period covered.
6) Deadline to provide notice of special election or referendum per Florida Statute 100.342 is
30 days prior to the election, publish notice in the 5th and 3rd weeks prior to the election.*
7) Voter registration books closing date (29th day before each election) per Florida Statute 97.055.
8) Resign to run deadline (10 days prior to the first day of qualifying for the office sought) per Florida
Statute 99.012(3)(c).
9) Deadline to send the state assessment fee(s) to the Florida Elections Commission.
10) Deadlines to mail notice of primary and general elections to uniformed and overseas electors per
Florida Statute 100.025.
11) First and last day to mail domestic vote-by-mail ballots per Florida Statute 101.62.
12) Deadline to request domestic vote-by-mail ballots per Florida Statute 101.62.
13) Early voting deadlines, if applicable.
14) Deadlines to approve Poll Workers, conduct training, et cetera. These may be in the municipal
charter or code; otherwise, contact the county supervisor of elections for assistance.
15) Deadline for candidates to designate poll watchers (noon of the second Tuesday preceding
election) per Florida Statute 101.131(2)
16) The Supervisor of Elections shall approve the poll watchers on or before the Tuesday preceding
the election.
17) Deadline to publish the sample ballot (before the day of election) per Florida Statute 101.20.*
NOTE: The municipality may also be required to publish the notice in Spanish, depending upon
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the county’s Spanish-speaking population. Please consult with the county supervisor of elections
regarding same.
18) Deadline to publish canvassing board membership and meeting dates per Florida Statute
102.141.*
19) Dates for canvassing board meetings, including:
a. Logic and accuracy testing
b. Canvassing of returns
c. Certification of results
d. Post-election audits
20) Dates for transportation of election equipment, if applicable.
21) Deadline to order plaque for outgoing elected officials, if applicable.
22) Reminder to purchase nameplates, name badges, business cards, et cetera for newly appointed
elected officials.
* Check with your local newspaper regarding their deadlines for submission of ads and approval of
proofs, particularly if they fall near a holiday.
Depending upon the municipality’s code of ordinances and the county supervisor of elections, the
municipal clerk may have additional dates to include in the election calendar. Just remember, the more
detailed the election calendar, the less chance of error.
Council/Commission Orientation
Once a candidate is elected to office, a tour of municipal/town/village hall should be set, along with
several briefing sessions with key municipal staff members (municipal clerk, municipal manager,
municipal attorney, finance director, etc.). Municipal clerks should create a handbook for the newly
elected official that includes the municipal charter, an organizational chart of the municipality, and other
pertinent information that would be beneficial to a municipal elected official.
Chapter XII: Technology
Computers are necessary tools for performing the municipal clerk’s daily functions, from using standard
programs such as a word processor to create template documents to highly specialized software used
for meeting management. The ultimate goal of applying technology is to provide better service to co -
workers and citizens, and to allow the public to help themselves, thereby increasing staff productivity
and customer satisfaction.
Prior to implementing technology, the goal to be achieved must be clearly identified, and the potential
benefits and costs should be analyzed. Considerations include:
• Long and short-term financial impacts
• Required material and labor resources
• Initial and ongoing training needs
• Impact on records management, such as ability to retrieve and dispose of records
• Internal and external security of the product/service
• Auditing capabilities
• Ability to transition to/from the product/service
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• Compatibility with other hardware/software/services
• Availability of technical support
• Ability to scale with growth of municipal staff and residents
• Life expectancy of the product/service
• Warranty coverage
When considering a software program, reach out to fellow municipal clerks for input and examine
product/service reviews online. A visit to municipalities that have implemented the proposed technology
will help determine if it is suitable and if there are additional factors to take into account. Scheduling in-
person or remote product demonstrations or reviewing demonstration videos online should be part of the
information gathering process. Only implement what makes sense to the municipality and consult with IT
staff members for their guidance and input on maintenance and training considerations.
Acquisition
The municipality’s procurement process must be followed. If a bid package is required, reach out to other
municipal clerks through the discussion group to see if anyone has already drafted a similar document.
Determine what will be included in the request for proposal or qualifications, considering such needs as
maintenance, technical support, training, deadlines, and ongoing budgetary requirements.
Examples of Applications
In addition to standard office programs, many specialized software programs are available to support the
duties of municipalities. Below is a listing of software that may benefit municipal clerk offices:
1) Records management system
2) Agenda management system
3) Board management system
4) Meeting video management system
5) Minutes software
6) Public record request management system
7) Business tax receipts application and tracking system
8) Accounting software
9) Payment processing system
10) Database software
11) Reporting and analytics software
12) Time tracking system
13) Form building software
14) Business process management system
15) Cemetery management system
16) Procurement management platform
Implementing New Technology
The municipal clerk should be aware of technology efforts undertaken by the municipality and give input
on the implementation of systems to ensure that the systems implemented will enable the municipality
to meet records retention requirements and provide convenient access to records for public records
request responses. If an electronic recordkeeping system is to be implemented, replaced, or upgraded,
work with IT staff to ensure that the proposed system meets all requirements of the Florida State Statutes
and Florida Administrative Code Chapter 1B-26.003 on electronic recordkeeping.
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Chapter XIII: Notary Public Services
An approved notary education class is required in Florida for all new notaries commissioned on or after
July 1, 2000. This education is crucial and provides the protection needed from liability resulting from
an improper notary act.
The governor may appoint as many notaries public as deemed necessary, each of whom shall be at least
18 years of age and a legal resident of the state. The residence required for appointment must be
maintained throughout the term of appointment. Notaries public shall be appointed for four years and
shall use and exercise the office of notary public within the boundaries of the state. An applicant must
be able to read, write, and understand the English language.
A notary public shall notify, in writing, the Department of State of any change in his or her business
address, home telephone number, business telephone number, home address, or criminal record within
60 days after such change.
A notary public who wishes to resign his or her commission, or a notary public who does not maintain
legal residence in this state during the entire term of appointment, or a notary public whose resignation is
required by the governor shall send a signed letter of resignation to the governor and shall return his or
her certificate of notary public commission. The resigning notary public shall destroy his or her official
notary public seal of office unless the governor requests its return.
No person may be automatically reappointed as a notary public. The application process must be
completed regardless of whether an applicant is requesting his or her first notary commission, a renewal
of a commission, or any subsequent commission.
A notary public is authorized to solemnize the rites of matrimony. For solemnizing the rites of matrimony,
the fee of a notary public may not exceed those provided by law to the clerks of the circuit court for like
services.
No person shall obtain or use a notary public commission in other than his or her legal name, and it is
unlawful for a notary public to notarize his or her own signature. The fee of a notary public may not
exceed $10 for any one notarial act, except as provided in Florida Statutes Section 117.045. A notary
public may not charge a fee for witnessing an absentee ballot in an election and must witness such a
ballot upon the request of an elector.
The notary public official seal and the certificate of notary public commission are the exclusive property
of the notary public and must be kept under the direct and exclusive control of the notary public. A notary
public whose official seal is lost, stolen, or believed to be in the possession of another person shall
immediately notify the Department of State or the governor in writing.
A notary public may not notarize a signature on a document unless he or she personally knows, or has
evidence, that the person whose signature is to be notarized is the individual who is described in and
who is executing the instrument. A notary public shall certify in the certificate of acknowledgment or
jurat the type of identification, either based on personal knowledge or other form of identification upon
which the notary public is relying. “Personally knows” means having an acquaintance derived from
association with the individual, which establishes the individual’s identity with at least a reasonable
certainty. The employer of a notary public shall be liable to the persons involved for all damages caused
by the notary’s misconduct if the notary public was acting within the scope of his or her employment at
the time the notary engaged in the official misconduct.
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Any notary public who changes his or her name shall, within 60 days after such change, request an
amended commission from the secretary of state and shall send the appropriate fee, his or her current
commission, and a notice of change form, obtained from the secretary of state. The secretary of state
shall issue an amended commission to the notary public in the new name. A notary public may supervise
the making of a photocopy of an original document and attest to the trueness of the copy, provided the
document is neither a vital record in this state, another state, nor a public record, if a copy can be made
by the custodian of the public record. A notary public must make reasonable accommodations to provide
notarial services to persons with disabilities. A notary public may notarize the signature of a person who
is blind after the notary public has read the entire instrument to that person.
A notary public may not use a name or initial in signing certificates other than that by which the notary
public is commissioned. A notary public may not sign notarial certificates using a facsimile signature
stamp unless the notary public has a physical disability that limits or prohibits his or her ability to make a
written signature and unless the notary public has first submitted written notice to the Department of
State.
A notary public may not affix his or her signature to a blank form of affidavit or certificate of
acknowledgment and deliver that form to another person with the intent that it be used as an affidavit or
acknowledgment. A notary public may not notarize a signature on a document if it appears that the
person is mentally incapable of understanding the nature and effect of the document at the time of
notarization. A notary public may not take the acknowledgment of a person who does not speak or
understand the English language unless the nature and effect of the instrument to be notarize d is
translated into a language that the person does understand. A notary public may not change anything in a
written instrument after it has been signed by anyone. A notary public may not notarize a signature on a
document if the document is incomplete or blank.
A notary public may not notarize a signature on a document if the notary public has a financial interest in,
or is a party to, the underlying transaction. However, a notary public who is an employee may notarize a
signature for his or her employer, and this employment does not constitute a financial interest in the
transaction nor made the notary a party to the transaction under this subsection as long as he or she
does not receive a benefit other than his or her salary and the fee for services as a notary public
authorized by law.
An electronic notarization shall include the words “Notary Public – State of Florida,” the name of the
notary public, exactly as commissioned, the date of expiration of the commission of the notary public,
the commission number, and the notary’s digital signature. Neither a rubber stamp seal nor an
impression-type seal is required for an electronic notarization. Any notary public who seeks to perform
electronic notarizations and obtains a certificate from any certification authority, and who is licensed in
the state, shall request an amended commission from the Secretary of State. The Secretary of State
shall issue an amended commission to the notary public indicating that the notary is a subscriber to the
certification authority identified in the notary’s request for an amended commission. Any fees collected
from such amended commissions shall be used to fund the Secretary of State’s administration of
electronic notary commissions.
All notaries are recommended to keep a journal of all acts performed as a notary public. The journal
should include the date and time of the notarial act, the type of notarial act, the type or name of the
document, the signer’s printed name and signature, the signer’s complete address and telephone
number, and the specific type of identification presented by the signer, including both its serial number
and its expiration date. If the journal is stolen, lost, misplaced, destroyed, or rendered, the notary public
must immediately notify the governor’s office or the Department of State in writing of the circumstances
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of the incident.
The notary public official seal and the certificate of notary public commission are the exclusive property
of the notary public and must be kept under the direct and exclusive control of the notary public. The
seal and certificate of commission must not be surrendered to an employer upon termination of
employment, regardless of whether the employer paid for the seal or for the commission.
A notary public whose official seal is lost, stolen, or believed to be in the possession of another person
shall immediately notify the Department of State or the Governor in writing.
Florida Statutes Chapter 117 governs the acts of notaries. The Governor of Florida publishes a
“Reference Manual for Notaries,” which is a good reference tool.
Marriage Ceremonies
If the municipal clerk officiates at weddings, be sure that the couple has a valid marriage license, then
complete the paperwork on the license and have the witnesses sign the license. After completion, hand
the document to the responsible party and advise all parties of the importance of mailing the license for
recording. This is their responsibility, but in the excitement of the moment, the duty can be forgotten.
Stress the urgency and importance of their follow-through in having the certificate recorded.
The fee of a notary public for solemnizing marriage may not exceed that provided by law to the clerks of
the circuit court for like services.
For samples of marriage ceremonies, refer to
https://notaries.dos.state.fl.us/education/faq/marriage.html or search the internet.
Chapter XIV: Guide to the Sunshine Law and Code of Ethics for
Public Officers and Employees
History of Florida’s Ethics Laws
Florida has been a leader among the states in establishing ethics standards for public officials and
recognizing the right of citizens to protect the public trust against abuse. Florida’s state Constitution was
revised in 1968 to require a code of ethics, prescribed by law, for all state employees and nonjudicial
officers prohibiting conflict between public duty and private interests.
Florida’s first successful constitutional initiative resulted in the adoption of the Sunshine Amendment in
1976, providing additional constitutional guarantees concerning ethics in government. In the area of
enforcement, the Sunshine Amendment requires that there be an independent commission (the
Commission on Ethics) to investigate complaints concerning breaches of public trust by public officers
and employees other than judges.
The Guide of Ethics for Public Officers and Employees (the Guide) is found in Chapter 112 (Part III) of
the Florida Statutes and can be downloaded at
https://www.ethics.state.fl.us/PublicInformation/Publications.aspx. Foremost among the goals of the
Guide is to promote the public interest and maintain the respect of the people for their government. The
Guide is also intended to ensure that public officials conduct themselves independently and impartially,
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not using their offices for private gain other than compensation provided by law. While seeking to
protect the integrity of government, the Guide also seeks to avoid the creation of unnecessary barriers
to public service.
Criminal penalties, which initially applied to violations of the Guide, were eliminated in 1974 in favor of
administrative enforcement. The legislature created the Commission on Ethics that year “to serve as
guardian of the standards of conduct” for public officials, state and local. Five of the Commission’s nine
members are appointed by the governor, and two each are appointed by the president of the senate and
speaker of the house of representatives. No more than five commission members may be members of
the same political party, and none may be lobbyists, or hold any public employment during their two‐year
terms of office. A chair is selected from among the members to serve a one ‐year term and may not
succeed himself or herself.
In 2018, Florida’s Constitutional Revision Commission proposed, and the voters adopted, changes to
Article II, Section 8. The earliest of the changes will take effect December 31, 2020, and will prohibit
officials from abusing their position to obtain a disproportionate benefit for themselves or their spouse,
child, or employer, or for a business with which the official contracts or is an officer, partner, director, sole
proprietor, or in which the official owns an interest. Other changes made to the constitution place
restrictions on lobbying by certain officeholders and employees and put additional limits on lobbying by
former public officers and employees. These changes will become effective December 31, 2022.
Role of the Commission on Ethics
In addition to its constitutional duties regarding the investigation of complaints, the Commission:
• Renders advisory opinions to public officials;
• Prescribes forms for public disclosure;
• Prepares mailing lists of public officials subject to financial disclosure for use by supervisors of
elections and the commission in distributing forms and notifying delinquent filers;
• Makes recommendations to disciplinary officials when appropriate for violations of ethics and
disclosure laws, since it does not impose penalties;
• Administers the Executive Branch Lobbyist Registration and Reporting Law;
• Maintains financial disclosure filings of constitutional officers and state officers and employees; and,
• Administers automatic fines for public officers and employees who fail to timely file required annual
financial disclosure.
The Ethics Laws
The ethics laws generally consist of two types of provisions, those prohibiting certain actions or conduct
and those requiring that certain disclosures be made to the public. The following descriptions of these
laws have been simplified in an effort to provide notice of their requirements. Therefore, it is suggested
that the municipal clerk also review the wording of the actual law. The best resource is the Guide located
on the website referenced above.
The laws summarized within the Guide apply generally to all public officers and employees, state and
local, including members of advisory bodies. The principal exception to this broad coverage is the
exclusion of judges, as they fall within the jurisdiction of the Judicial Qualifications Commission.
Public Service Commission (PSC) members and employees, as well as members of the PSC Nominating
Council, are subject to additional ethics standards that are enforced by the Commission on Ethics under
Chapter 350, Florida Statutes. Further, members of the governing boards of charter schools are subject
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to some of the provisions of the Guide of Ethics [Sec. 1002.33(26), Fla. Stat.], as are the officers,
directors, chief executive officers and some employees of business entities that serve as the chief
administrative or executive officer or employee of a political subdivision. [Sec. 112.3136, Fla. Stat.].
Disclosures
Conflicts of interest may occur when public officials are in a position to make decisions that affect their
personal financial interests. This is why public officers and employees, as well as candidates who run for
public office, are required to publicly disclose their financial interests. The disclosure process serves to
remind officials of their obligation to put the public interest above personal considerations. It also helps
citizens to monitor the considerations of those who spend their tax dollars and participate in public policy
decisions or administration.
Public officials and candidates are not required to file disclosures with the same level of detail, nor do
they all file simultaneously or at the same location. Therefore, it is important to carefully determine which
specific disclosure forms are required for each official or candidate.
Additionally, there are various financial disclosure forms, including gift disclosures, referenced in the
Guide. Some of these forms require annual filing, some quarterly. Local officers and employees who must
file Form 1 will file electronically in 2024 via the Electronic Financial Disclosure Management System
(EFDMS) no later than June 1 of each year. The form requirement for Mayors and Elected members of
governing bodies of municipalities is under judicial review, but they currently need to file Form 1.
Chapter XV: Municipal Budgets
The budget serves as the most important financial planning tool available to the governing body. This is
where the financial direction of the local municipality is shaped.
A budget represents the financial blueprint for the municipality, detailing not forecasts but specific
estimates of expected revenues needed to support the services and programs included in the
appropriations section. It sets the maximum spending limit for management.
In a government, the expenditure side of the budget is called “appropriations,” and it is the legal
authority for management to provide a given level of services. It is illegal to spend more than the budget
appropriations.
Types of funds:
Governmental Funds
• General Fund
• Special Revenue Funds
• Debt Service
• Capital Project Funds
• Permanent Funds
Proprietary Funds
• Enterprise funds
• Internal service funds
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Fiduciary Funds
• Trust funds (pension and other employee benefits, investment, private purpose)
• Agency funds
Certain guidelines have been established regarding budgets:
1. Every municipality in Florida must operate under a balanced budget. This means that anticipated
revenues must equal proposed expenditures for the fiscal year per Florida Statutes Section
166.241(2). The fiscal year is from October 1 to September 30.
2. Rules of the Auditor General should be consulted regarding certain municipal financial operations.
3. Florida has established a uniform accounting system which must be used in the budgeting process.
(Section 218.33, Florida Statutes)
4. Many municipalities may have additional financial requirements outlined in their municipal charter.
5. A municipal budget must be adopted by ordinance.
Some municipal clerks serve as the finance officer, while others may not be responsible for preparing
or even assisting with the preparation of the budget. Understand the fundamentals of budgeting to
effectively prepare and submit a proposed budget for the municipal clerk’s department that adheres
to all established requirements and guidelines.
Municipalities develop budgets in varying levels of detail. A basic checklist that could apply to any
municipality (modifying according to the municipality’s needs) is:
1. Establish a budget schedule for the preparation and adoption of the budget. In Florida, budgets
must be adopted by October 1, so begin early in the year.
2. Estimate the revenues the municipality expects to receive. Revenue estimating can be difficult, and
it is suggested to underestimate revenues. Sources of revenue include: ad valorem tax, municipal
utility tax, franchise fees, business taxes, permits, intergovernmental revenues, charges for
municipal services, fines and forfeitures and miscellaneous revenues.
3. Prepare budget requests. The preparation can be done by the department heads, budget officer,
mayor, legislative body or any combination. Consideration should be given to personnel needs,
expansion or reduction of services and essential capital outlays.
4. Submit budget requests along with historical data (previous year’s revenues and expenditures), to
the budget officer Present annual budget message to the legislative body. This is generally
presented by the municipal manager or the mayor and includes a summary of the financial
conditions of the municipality along with the goals and how those goals can be met.
5. The tentative budget must be posted on the municipality's official website at least 2 days before
the budget hearing, held pursuant to Florida Statutes 200.065 or other law, to consider such
budget. The final adopted budget must be posted on the municipality's official website within 30
days after adoption.
6. Conduct public hearings on the budget to solicit feedback not only from staff but also from citizens,
enhancing their involvement in the budget process. The number of public hearings may vary. Public
participation requirements for those receiving federal revenue sharing monies should be reviewed.
State law requires a public hearing before the adoption of an ordinance, and the charter may require
others.
7. Adopt budget ordinance. After deliberations and adjustments, the budget should be enacted.
Budget changes can be submitted at any time during the fiscal year and should follow the established
procedures. All changes to an adopted budget must be approved by the governing body by the
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conclusion of each fiscal year.
A budget is considered to be balanced if the projected ending fund balance is positive. In any one
year, it may be appropriate for expenditures to exceed revenue.
Some resources a municipal clerk may employ, depending on the level of the required involvement in
the government finance function, include:
The Florida Department of Revenue website, in particular for TRIM (Truth In Millage) for advertising
budgets or planning meetings. http://dor.myflorida.com/dor; and
The Florida Government Finance Officers Association (FGFOA) website including a basic Government
Resource Manual. http://www.fgfoa.org.
Chapter XVI: Municipal Annexation
Chapter 171 of the Florida Statutes, entitled Municipal Annexation or Contraction, sets forth
procedures for adjusting the boundaries of municipalities through annexations or contractions of
corporate limits and criteria for determining when annexations or contractions may take place. This
helps to:
1) ensure sound urban development and accommodate growth;
2) establish uniform legislative standards throughout the state for the adjustment of municipal
boundaries;
3) ensure the efficient provision of urban services to areas that become urban in character; and
4) ensure that areas are not annexed unless municipal services can be provided to those areas.
“Annexation” means the adding of real property to the boundaries of an incorporated municipality, such
addition making such real property in every way a part of the municipality.
“Compactness” means concentration of a piece of property in a single area and precludes any action
that would create enclaves, pockets, or finger areas in serpentine patterns.
“Contiguous” means that a substantial part of a boundary of the territory sought to be annexed by a
municipality is coterminous with a part of the boundary of the municipality.
“Contraction” means the reversion of real property within municipal boundaries to an unincorporated
status.
“Enclave” means: a) any unincorporated improved or developed area that is enclosed within and
bounded on all sides by a single municipality; or b) any unincorporated improved or developed area
that is enclosed within and bounded on all sides by a single municipality and a natural manmade
obstacle that allows the passage of vehicular traffic to the unincorporated area only through the
municipality.
“Municipality” means a municipality created pursuant to general or special law authorized or recognized
pursuant to Section 2 or Section 6, Article VIII of the state constitution.
Newspaper of general circulation means a newspaper printed in the language most commonly spoken
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in the area within which it circulates, which is readily available for purchase by all inhabitants in its
area of circulation, but does not include a newspaper intended primarily for members of a particular
professional or occupational group, a newspaper whose primary function is to carry legal notices, or a
newspaper that is given away primarily to distribute advertising.
Parties affected means any persons or firms owning property in, or residing in, either an annexation to
a municipality or any governmental unit with jurisdiction over such area.
Qualified voter means any person registered to vote in accordance with law.
Sufficiency of petition means the verification of the signatures and addresses of all signers of a petition
with the voting list maintained by the county supervisor of elections and certification that the number
of valid signatures represents the required percentage of the total number of qualified voters in the
area affected by a proposed annexation.
Urban in character means an area used for residential, urban recreational or conservation parklands,
commercial, industrial, institutional, or governmental purposes of an area undergoing development
for any of these purposes.
Annexation Procedures
Any municipality may annex contiguous, compact, unincorporated territory in the following manner:
1. An ordinance proposing to annex an area of contiguous, compact, unincorporated territory shall be
adopted by the governing body of the annexing ordinance established by Statute 166.041. Prior to
the adoption of the ordinance of the annexation, the local governing body shall hold at least two
advertised public hearings.
2. Following the final adoption of the ordinance of annexation by the governing body of the annexing
municipality, the ordinance shall be submitted to a vote of the registered electors of the area
proposed to be annexed. The governing body of the annexing municipality may also choose to
submit the ordinance of annexation to a separate vote of the registered electors of the annexing
municipality. The referendum on annexation shall be called and conducted, and the expense
thereof paid by the governing body of the annexing municipality.
3. Any parcel of land which is owned by one individual, corporation, or legal entity, or owned collectively
by one or more individuals, corporations, or legal entities, proposed to be annexed under the
provisions of this act shall not be severed, separated, divided or partitioned by the provisions of
said ordinance, but shall, if intended to be annexed, or if annexed, under the provisions of this act,
be annexed in its entirety and as a whole.
4. Except as otherwise provided in this law, the annexation procedure as set forth in the statute shall
constitute a uniform method for the adoption of an ordinance of annexation by the governing body
of any municipality in this state, and all existing provisions of special laws which establish municipal
annexation procedures are repealed hereby; except that any provision or provisions of special law
or laws which prohibit annexation of territory that is separated from the annexing municipality by a
body of water or watercourse shall not be repealed.
5. If more than 70 percent of the land in an area proposed to be annexed is owned by individuals,
corporations or legal entities which are not registered electors of such area, such area shall not be
annexed unless the owners of more than 50 percent of the land in such area consent to such
annexation.
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Prerequisites to Annexation
Prior to commencing the annexation procedures under Florida Statutes 171.0413, the governing body
of the municipality shall prepare a report setting forth the plans to provide urban services to any area
to be annexed, and the report shall include a map of the municipality and adjacent territory showing
the present and proposed municipal boundaries, the present major trunk water mains and sewer
interceptors and outfalls, the proposed extensions of such mains and outfalls. A statement certifying
that the area to be annexed meets the criteria in Florida Statutes Section 171.043 must be attached,
and prior to commencing the annexation procedures the governing body of the municipality shall file
a copy of the report required by Section 171.043 with the board of county commissioners of the county
wherein the municipality is located.
Character of the Area To Be Annexed
A municipal governing body may propose to annex an area only if:
1) It meets the general standards that the total area to be annexed must be contiguous to the
municipality’s boundaries at the time the annexation proceeding is begun and is reasonably
compact.
2) No part of the area shall be included within the boundary of another incorporated
municipality.
Part or all of the area to be annexed must be developed for urban purposes, which, by definition, meets
certain standards.
(a) It has a total resident population equal to at least two persons for each acre of land
included within its boundaries;
(b) It has a total resident population equal to at least one person for each acre of land
included within its boundaries and is subdivided into lots and tracts so that at least 60
percent of the total number of lots and tracts are 1 acre or less in size
In addition to the area developed for urban purposes, a municipal governing body may include in the
area to be annexed any area that does not meet the requirements that part of or all of the area to be
annexed must be developed for urban purposes if such area either lies between the municipal
boundary and an area developed for urban purposes, so that the area developed for urban purposes
is either not adjacent to the municipal boundary or cannot be served by the municipality without
extending services or water or sewer lines through such developed area; or is adjacent, on at least 60
percent of its external boundary, to any combination of the municipal boundary and the boundary of an
area or areas developed for urban purposes.
Voluntary Annexation
The owner or owners of real property in an unincorporated area of a county that is contiguous to a
municipality and reasonably compact may petition the governing body of said municipality that said
property be annexed to the municipality. Land shall not be annexed through voluntary annexation when
such annexation results in the creation of enclaves.
Upon determination by the governing body of the municipality that there will be no resulting enclave
and the petition bears the signatures of all owners of property in the area proposed to be annexed, the
governing body may at any regular meeting, adopt a non-emergency ordinance to annex said property
and redefine the boundary lines of the municipality to include said property. At least 10 days prior to
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publishing the ordinance notice, the governing body of the municipality must send a copy of the notice
by certified mail to the board of county commissioners of the county wherein the municipality is located.
The adopted ordinance shall be filed with the clerk of the circuit court and the chief administrative
officer of the county in which the municipality is located and with the Department of State within seven
days after the adoption of such ordinance. Pursuant to Section 171.044(6), failure to follow this notice
provision may be the basis for a cause of action invalidating the annexation.
Annexation of Enclaves
The Legislature recognizes that enclaves can create significant problems in planning, growth
management, and service delivery, and therefore declares that it is the policy of the state to eliminate
enclaves. In order to expedite the annexation of enclaves of 10 acres or less into the most appropriate
jurisdiction a municipality may annex an enclave by interlocal agreement with the county having
jurisdiction of the enclave; or annex an enclave with fewer than 25 registered voters by municipal
ordinance when the annexation is approved in a referendum by at least 60 percent of the registered
voters who reside in the enclave.
Annexation Limited to a Single County
In order for an annexation proceeding to be valid, the annexation must take place within the
boundaries of a single county.
Contraction Procedures
Any municipality may initiate the contraction of municipal boundaries in the following manner:
1) The governing body shall, by ordinance, propose the contraction of municipal boundaries,
as described in the ordinance, and provide an effective date for the contraction.
2) A petition of 15 percent of the qualified voters in an area desiring to be excluded from the
municipal boundaries, filed with the clerk of the municipal governing body, may propose
such an ordinance.
3) After the introduction, the contraction ordinance shall be noticed at least once per week for
two consecutive weeks in a newspaper of general circulation in the municipality, such notice
to describe the area to be excluded.
4) If, at the meeting held for such purpose, a petition is filed and signed by at least 15 percent
of the qualified voters resident in the area proposed for contraction requesting a
referendum on the question, the governing body shall, upon verification, submit the
question of contraction to a vote of the qualified voters of the area proposed for contraction,
or the governing body may vote not to contract the municipal boundaries.
5) The governing body may also call for a referendum on the question of contraction on its own
volition and in the absence of a petition requesting a referendum.
6) The referendum, if required, shall be held at the next regularly scheduled election, or, if
approved by a majority of the municipal governing body, at a special election held prior to
such election, but no sooner than 30 days after verification of the petition or passage of
the resolution or ordinance calling for the referendum.
7) The municipal governing body shall establish the date of election and publish notice of the
referendum election at least once a week for the two consecutive weeks immediately prior
to the election in a newspaper of general circulation in the area proposed to be excluded or
in the municipality. Such notice shall give the time and places for the election and a general
description of the area to be excluded, which shall be in the form of a map clearly showing
the area proposed to be excluded.
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8) Ballots or mechanical voting devices shall offer the choices “for de-annexation” and
“against de-annexation,” in that order.
9) A majority vote “for de-annexation” shall cause the area proposed for exclusion to be so
excluded upon the effective date set in the contraction ordinance.
10) A majority vote “against de-annexation” shall prevent any part of the area proposed for
exclusion from being the subject of a contraction ordinance for a period of two years from
the date of the referendum election.
Criteria for Contraction of Municipal Boundaries
Only those areas that do not meet the criteria for annexation may be proposed for exclusion by
municipal governing bodies. If the area proposed does not meet the criteria, but such exclusion would
result in a portion of the municipality becoming noncontiguous with the rest of the municipality, then
such exclusion shall not be allowed.
Effects of Annexations or Contractions
An area annexed to a municipality shall be subject to all laws, ordinances, and regulations in force in
that municipality and shall be entitled to the same privileges and benefits as other parts of that
municipality upon the effective date of the annexation. If the area annexed was subject to a county
land use plan and county zoning or subdivision regulations, these regulations remain in full force and
effect until the municipality adopts a comprehensive plan amendment that includes the annexed area.
An area excluded from a municipality shall no longer be subject to any laws, ordinances, or regulations
in force in the municipality from which it was excluded and shall no longer be entitled to the privileges
and benefits accruing to the area within the municipal boundaries upon the effective date of the
exclusion. It shall be subject to all laws, ordinances, and regulations in force in that county. A party
that has an exclusive franchise that was in effect for at least six months prior to the initiation of an
annexation to provide solid waste collection services in an unincorporated area may continue to provide
such services to an annexed area for five years or the remainder of the franchise term, whichever is
shorter.
Effect in Miami-Dade County
Municipalities within the boundaries of Miami-Dade County shall adopt annexation or contraction
ordinances pursuant to methods established by the home rule charter established pursuant to Statute
6(e), Article VIII of the State Constitution. In addition to statutory requirements, all requests for
annexation must be consistent with Chapter 20 of the Miami-Dade County Code.
Appeal on Annexation or Contraction
No later than 30 days following the passage of an annexation or contraction ordinance, any party
affected who believes that he or she will suffer material injury by reason of the failure of the municipal
governing body to comply with the procedures set forth for annexation or contraction or to meet the
requirements established for annexation or contraction as they apply to his or her property may file a
petition in the circuit court for the county in which the municipality or municipalities are located seeking
review by certiorari. In any action instituted pursuant to this section, the complainant, should he or she
prevail, shall be entitled to reasonable costs and attorney's fees.
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Recording
Any change in the municipal boundaries through annexation or contraction shall revise the charter
boundary article and shall be filed as a revision of the charter with the Department of State within 30
days.
Chapter X VII: Requirements of Florida’s Local
Government Comprehensive Planning Act
The Office of Intergovernmental Programs (OIP) coordinates the Florida Department of Environmental
Protection’s (DEP) review of amendments to local government comprehensive plans. Pursuant
to Florida Statutes 163, DEP provides comments addressing important state resources and facilities
that will be adversely impacted by the amendment and recommends measures the local government
may take to eliminate, reduce, or mitigate the adverse impacts. These reviews provide DEP the
opportunity to guide local government development and economic growth in a way that will protect
natural resources.
COMPREHENSIVE PLAN REVIEWS
Background
The state of Florida has developed an integrated planning system intended to ensure the coordinated
administration of policies that address the multitude of issues posed by the state’s continued growth
and development. The integrated comprehensive planning framework calls for planning at all levels of
government. Key statutory guidance for the planning activities is included in the following Florida
Statutes:
• Chapter 380, Part I, the Environmental Land and Water Management Act, which directs the
integration and coordination of land and water management activities and specifically authorizes
Developments of Regional Impact (DRI) and Areas of Critical State Concern.
• Chapter 187, the State Comprehensive Plan, which sets forth the goals that articulate Florida’s
desired future.
• Chapter 186, on State and Regional Planning, provides direction for the integration of state,
regional, and local planning efforts. This act specifically requires the development of agency
strategic plans and Strategic Regional Policy Plans (SRPP).
• Chapter 163, Part II, the Local Government Planning and Land Development Regulation Act,
which directs local government planning and includes requirements for Evaluation and Appraisal
Reports (EAR).
OIP coordinates the department’s involvement in statewide planning efforts conducted under all of the
above authorities, although the nature and level of involvement varies. The State Comprehensive Plan
and the majority of the local government comprehensive plans have been adopted, while numerous
local comprehensive plan amendments continue to be reviewed through OIP each year.
The State Comprehensive Plan is reviewed annually, and local plans are updated every five to seven
years through the Evaluation and Appraisal Report (EAR) process. Through that process, the department
has the formal opportunity to evaluate proposed amendments to the comprehensive plan, which are
based upon the evaluation and appraisal report, to ensure that they are consistent with DEP’s rules
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and policies.
The Florida Water Plan and the Florida Transportation Plan have been adopted. Through its review of
planning activities, OIP assists with the implementation of the Florida Water Plan and the water supply
plans of the five water management districts.
Local Government Comprehensive Plans
Growth management legislation was passed in 1985 in response to Florida's commitment to provide
the facilities and services that communities need to foster economic growth and preserve natural
amenities. The importance of comprehensive planning cannot be overstressed, because it results in
decisions regarding long-term issues such as environmental protection and economic development.
Florida Statutes 163.3177 requires that local government comprehensive plans provide the policy
foundation for local planning and land use decisions on capital improvements, conservation,
intergovernmental coordination, recreation, open space, future land use, housing, transportation,
coastal management (where applicable), and public facilities.
Since Florida’s county and municipal governments have now adopted local government comprehensive
plans, DEP’s ongoing plan review activity involves amendments to the previously adopted plans. The
reviews provide DEP an opportunity to guide local development in a manner consistent with the state’s
adopted policies. Amendments can be in the form of 1) map amendments that propose changes to a
local government’s future land use map; 2) text amendments that propose changes to the goals,
objectives and polices of the adopted comprehensive plan; and 3) amendments that are based on the
evaluation and update of a local government’s comprehensive plan. The latter may be a combination
of both map and text amendments.
Comprehensive Plan Review Process
The review process is initiated when a local government transmits a proposed or adopted
comprehensive plan amendment to the appropriate state and regional agencies, including DEP,
Department of Economic Opportunity (DEO), Department of State (DOS), Department of Transportation
(DOT), regional planning councils, and water management districts. Other agencies that may be
included in the review process are the Department of Education (if the amendment affects schools),
Department of Agriculture and Consumer Services (DOAGS), and Florida Fish and Wildlife Conservation
Commission (SWC) (for county amendments); county governments (for municipal amendments); and
the commanding officer of any affected military installation. The three review processes for amending
comprehensive plans include the Expedited State Review, State Coordinated Review, and Small Scale
Review.
With the exception of small scale amendments, which involve land use changes on parcels of 10 acres
or less (or 20 acres or less for parcels within rural areas of critical economic concern) and are exempt
from state and regional review, most amendments proposed and later adopted by local governments
are now reviewed through the Expedited State Review process. DEP and other state and regional
agencies must provide comments directly to the local government within 30 days of receiving an
expedited review amendment and copy DEO, the state land planning agency.
Amendments that would change land uses within an Area of Critical State Concern, create a Rural Land
Stewardship Area or sector plan, create a Development of Regional Impact (DRI), or update a
comprehensive plan based upon an Evaluation and Appraisal Report (EAR), are required to use the
State Coordinated Review process. In a coordinated review, DEP must provide comments to DEO within
30 days of its receipt of a complete amendment package. DEO has a total of 60 days from receipt to
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provide the local government with the state’s objections, recommendations, and comments.
In both coordinated and expedited review processes, DEP provides comments addressing important
state resources and facilities that will be adversely impacted by the amendment. DEP must state with
specification how the plan amendment will adversely impact an important state resource or facility and
recommend measures the local government may take to eliminate, reduce, or mitigate the adverse
impacts. Through OIP, DEP comments on the following important state resources and facilities:
• Air and water pollution
• Wetlands and other surface waters of the state
• Federal and state-owned lands and interest in lands, including state parks, greenways and trails,
and conservation easements
• Solid waste
• Water and wastewater treatment
• Everglades ecosystem restoration
If there are issues that cannot be resolved, the DEO may challenge an adopted plan amendment.
Detailed guidelines for the submittal and processing of comprehensive plan amendments may be found
at the DEO website at:
http://www.floridajobs.org/community-planning-and-development/programs/community-planning-
table-of-contents.
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GLOSSARY
Accrual Basis – A basis of accounting in which transactions are recognized at the time they are incurred,
as opposed to when cash is received or spent. The term is used in proprietary and non-expendable types
of funds.
Ad Valorem Taxes – Property taxes computed as a percentage of the net value of real or personal property,
net of applicable exemptions, expressed in mills. Ad Valorem Taxes are recorded “net” of discounts,
penalties, and interest. The millage rate is set during the budget process and is adopted by resolution in
September.
Adopted Budget – The official budget as it is approved by the Municipal Council.
Annexation – Extending a municipality’s boundaries by adding land from adjoining unincorporated
territory.
Appropriation – The legal spending level authorized by a resolution of the Municipal Council for the Budget
Year. Spending should not exceed this level without approval by the Council.
Assessed Valuation – The value assigned to properties within the Municipal by the County Property
Appraiser, which is used in computing the property taxes to be paid by property owners.
Asset – Resources owned or held by a government that have monetary value.
Available (Undesignated) Fund Balances – Refers to the funds remaining from the prior year, which are
available for appropriation and expenditure in the current year.
Balanced Budget – A budget wherein revenues and other resources are equal to expenditures and
transfers.
Bond/Note – A written promise to pay a sum of money at a specified interest rate. The interest payments
and the principal repayment are detailed in a resolution. The most common types of bonds/notes are
general obligation, revenue, and special assessment debt. These debts are most frequently used to
finance capital projects.
Bond/Note Refinancing – The payoff and re-issuance of debt to obtain better interest rates or less
restrictive conditions.
Budget – The financial plan for the operation of an organization or program for the fiscal period based
upon estimated revenue, expenditures, and transfers.
Budget Amendment – A revision to the adopted budget, which replaces or adds to the original provisions.
Budget Amendments may occur throughout the year as spending priorities change.
Budgetary Basis – The basis of accounting used to estimate financing sources and uses in the budget.
This generally takes one of three forms: GAAP, cash, or modified accrual.
Budget Calendar – It is the schedule of key dates that a government follows in the preparation and the
adoption of the budget.
Budgetary Control – The control or management of a governmental unit in accordance with the approved
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budget to keep expenditures within the limitations of available appropriations and resources. The
Municipality manages expenditures at the fund level.
Budget Document – The official written document prepared by Administration and Finance, which
presents the proposed and final budgets to the Municipal Council.
Budget Message – A general discussion of the proposed budget presented in writing as part of the Budget
Document. The Budget Message explains principal budget issues against the background of the
muncipality’s financial experience in recent years and presents recommendations.
Capital Assets – Assets of a long-term character, which are intended to continue to be held or used, such
as land, infrastructure improvements, buildings, machinery, futures, or equipment.
Capital Improvement Program – The municipality has a five-year plan of project expenditures for public
facilities, equipment, and infrastructure adopted by the Municipal Council. It outlines the resources that
are estimated to be available to finance projected expenditures.
Capital Outlay – Expenditures for buildings, infrastructure, equipment, vehicles, or machinery that result
in the acquisition of assets with a useful life of more than one year and exceeds $1,000 in cost.
Capital Project – The largely one-time cost for acquisition, construction, improvement, replacement, or
renovation of land, structures, and improvements thereon.
Charter – Similar to a constitution; written and adopted by the citizens. It defines the municipality’s
boundaries, form of government, and powers.
Code – A set of ordinances arranged by subject matter.
Consumer Price Index (CPI) – Measures the cost of consumer goods and is considered a measure of
economic inflation. The index used is published monthly by the US Department of Labor. The specific
index used is Consumer Price Index – All Urban Consumers, U.S. All Items Bases 1982-84 = 100.
Contingency – The appropriation of funds for future allocation in the event specific budget allotments
have expired, additional funds are needed, or unplanned expenditures are encountered.
Cost Allocations – Assignment of applicable costs and charges from one fund/department/division to
another fund/department/division based upon treating each unit as an independent entity.
Coverage – The percent of revenues required by bond covenants to cover expenditures and debt
payments.
Cultural/Recreation – The UAS manual outlines this category as services that provide and maintain
cultural and recreational facilities and activities for the benefit of citizens and visitors. The
funds/departments under this category would be the Library, Simpson House, Historical Museum,
Recreation, Parks, Aquatics, Community Building, and a portion of the Impact Fee Fund.
Debt Service – Debt Service is the annual payment of principal, interest, and any other related expenses
for the Municipality’s indebtedness.
Debt Service Funds – Debt Service Funds are used to account for the accumulation of resources for the
payment of debt. General obligation (G.O.) bonds are those for which the full faith and credit of the
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muncipality are pledged.
Deficit – The excess of expenditures/expense over the revenues/income during a single accounting
period. In addition, it is the excess of a fund’s liabilities over its assets.
Department – The basic organizational unit of government which is functionally unique in its delivery of
services and responsible for that service.
Depreciation – That portion of the cost of a capital asset, which is charged as an expense during each
fiscal year in an Enterprise or Internal Service Fund.
Division – A group of homogeneous cost centers within a department, i.e. Recreation within the Parks &
Recreation Department.
Encumbrances – Encumbrances are the budgetary authority that is used when a purchase order is issued
for a future expenditure. The amount of funds is then committed to vendors for goods or services received
or to be received by the muncipality as specified on the muncipality purchase order.
Enterprise Fund Accounting – Accounting used for governmental operations that are financed and
operated in a manner like a business enterprise.
Estimated Revenue – The amount of projected revenue to be collected during the fiscal year.
Expenditure – An outflow of funds spent in accordance with budgeted appropriations on assets, goods ,
or services obtained.
Expense – Charges incurred (whether paid immediately or unpaid) for operations, maintenance, interest,
or other charges in Enterprise and Internal Service Funds.
Expenditure Categories – The classifications are based upon the type of expenditure for goods or services
purchased, such as Salaries, Benefits, Services, Supplies/Material, Capital, Debt Service, and Grants.
Fiscal Policy – A government’s policies with respect to revenues, spending, and debt management as
these relate to government services, programs, and capital investment. Fiscal policy provides an agreed-
upon set of principles for the planning and programming of government budgets and their funding.
Fiscal Year – The designated 12-month period for budgetary and financial reporting purposes. The fiscal
year is from October 1st to September 30th.
Fringe (Employee) Benefits - Benefits provided for employees such as Social Security, workers’
compensation, health and life insurance, and retirement.
Franchise Fees – Fees levied on identities by a local government for granting the privilege to exclusively
operate or use public property. Contracts are approved by the muncipal council in ordinance form.
Full Faith and Credit – A pledge of a government’s taxing power to repay debt obligations.
Full-time Equivalent Position (FTE) – A part-time position converted to the decimal equivalent of a full-
time position based on 2,080 hours per year. For example, a part-time clerk working 20 hours per week
would be the equivalent to 0.5 of a full-time position.
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Fund – An independent fiscal and accounting entity with a self -balancing set of accounts recording all
assets, related liabilities, and fund balance, which are segregated for the purpose of carrying on specific
activities or certain objectives within the guidelines provided for by GASB pronouncements.
Fund Balance – The excess of the entity’s assets over its liabilities in each fund is the Fund Balance.
GAAP – Generally Accepted Accounting Principles are standards used for accounting and reporting for
both private industry and governments. Governmental GAAP is currently set by the Governmental
Accounting Standards Board.
GASB – The Governmental Accountant Standards Board, established in 1985, is the current standards-
setting board for governmental GAAP.
General Fund – The General Fund is the general operating fund of the muncipality used to account for all
financial resources and expenditures of the muncipality that are not accounted for in other funds.
General Government – The UAS manual outlines this category as services provided by the legislative and
administrative branches for the benefit of the public and other departments. The funds/departments
under this category would be Legislative, Municipal Manager, Municipal Clerk, Finance, Customer Service,
Purchasing, Planning & Development, Legal, Building Maintenance, CRA, NECRA, Motorpool, Equipment
Replacement, Self-Insurance, and Other General Government. This category does not include
administrative services provided by a specific department in support of services properly included in
another major class.
Goal – A statement of broad direction, purpose, or intent based on the needs of the community. A goal
is general and timeless.
Grants – A contribution of an asset (usually cash) from or to another government or organization to
support a function. Grants are classified as either operational or capital, depending upon their purpose.
Growth Strategies – Planning for future population growth, resource use, and development.
Home Rule – A constitutional provision that allows municipal governments to exercise any power for
municipal purposes except when it is expressly prohibited by state law. That is, if it is not specifically
prohibited by state or federal law, municipal officials may pass any ordinance on behalf of the
municipality.
Incorporated Area – The land within a municipality. The boundaries are set by the municipal charter.
Infrastructure – The capitalized improvements that support public activities, such as roads, street lighting,
stormwater structures, plus water and wastewater lines.
Intergovernmental Revenue – Revenue from other governments, primarily State shared revenue from
gasoline, telecommunications and sales taxes plus alcohol licenses and mobile home licenses.
Internal Control – Is the system of controls established by the Municipality to protect its assets from
misappropriation and ensure accurate reporting of financial transactions.
Internal Service Funds – Internal Service Funds are used to account for the financing of goods and
services provided by one department or agency to other governmental unit, or to other governments, on
a cost-reimbursement basis.
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Investment Earnings – The interest earnings and the net increase (decrease) in the fair Markey value of
investments as authorized by the Municipality’s Investment Policy.
Long-term Debt – Debt with a maturity of more than one year after the date of issuance.
Mill – One-thousandth of a dollar or $1.00 of tax per $1,000 of taxable assessed valuation.
Millage Rate – The rate of tax to be imposed on the assessed value of real property after exemptions for
the computation of property tax revenues.
Miscellaneous Revenue – The account which provides for accumulation of revenues not specifically
identified in other categories. This designation includes investment earnings, rents, donations, and
insurance proceeds.
Modified Accrual – The basis of accounting according to which revenues are recognized when available
and measurable and expenditures are recognized when the underlying liability is incurred.
Operating Budget – The portion of the budget that pertains to the daily operation that provides the basic
governmental services.
Operating Expense – Costs including expenditures for salaries and wages, benefits, supplies, services,
and charges which are necessary to support the primary services of the organization.
Operating Revenue – Funds that the government receives as income to pay for ongoing operations. It
includes such items as taxes, fees from specific services, interest earnings, and grant revenues.
Operating revenues are used to pay for day-to-day services.
Ordinance – A law enacted by a municipality or county affecting local affairs such as traffic, noise, and
animal control.
Payment in Lieu of Taxes (PILOT) – Payments made by enterprise funds to the General Fund for
compensation of tax-supported services like payments made by private sector entities. The PILOT is based
upon the estimated amount that would be paid if a private sector entity would operate the service. The
fee covers franchise fees and property taxes.
Permanent Funds – Permanent Funds account for resources that are legally restricted to only earnings,
not principal; may be used to support the reporting government’s programs for the benefit of the
government or its citizens. The Municipality has no permanent funds.
Permits and Fees – Revenue category that includes franchise fees, impact fees, building permits, rental
licenses, special assessments, and any other miscellaneous licenses or fees.
Performance Measure – Data collected to determine how effective or efficient a program is in achieving
its objectives.
Personal Services – Expenditures for salaries, wages, and fringe benefits of a government’s employees.
Physical Environment – The UAS manual outlines this category as services provided for the primary
purpose of achieving a satisfactory living environment by controlling and utilizing elements of the
environment. The funds/departments under this category would be Electric, Water & Wastewater,
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Sanitation, Stormwater, and Cemetery Funds.
Privatization – The use of a private business to deliver a government service.
Proposed Budget – The recommended and unapproved Municipal budget submitted to the Municipal
Council and the public.
Public Safety – The UAS manual outlines this category as services provided for the security and protection
of persons and property. The funds/departments under this category would be Police, Police
Communications, Fire, Protective Services, a portion of NECRA, and the Impact Fee Fund plus the Law
Enforcement Fund.
Other Financing Sources – This category includes Transfer In from other Municipal Funds, Debt Proceeds
and Extraordinary Gains.
Other Taxes – This category includes revenue from Local Option Gas Tax and Local Business Taxes
(formerly Occupational Licenses).
Reserve – An account used to show that a portion of the fund equity is legally restricted for a specific
purpose or is not required or available for expenditure in that budget year.
Resources – Total amounts available for appropriation, including estimated revenues, fund transfers, and
beginning balances.
Return on Investment (ROI) – Payments made by an enterprise as a return for the investment made in
the fund (Fund Balance). It is calculated based upon the Fund Balance times an interest rate of 4%.
Revenue – Sources of income for financing the operations of government.
Revenue Bonds – Bonds issued pledging future revenues, usually water, wastewater, garbage, or
drainage charges, to cover debt payments in addition to operating costs.
Rolled-back Rate – The millage rate which, when multiplied by the tax roll, exclusive of new construction
added to that tax roll, would yield the same amount of revenue for the taxing authority as was yielded by
the millage rate levied the previous year, excluding new construction.
Services – Services include professional and other contractual services that the Municipality uses to
supplement its workforce. These services include legal, medical, engineering, architectural, grant
procurement, solid waste hauling, road resurfacing, sludge hauling, etc.
Service Charges or Fees– A general term for any charge levied by the Municipality associated with
providing a service, permitting an activity, or imposing a fine or penalty. Major types of fees include utility
charges, user or program fees, business licenses, fines , and special event fees. The amount of the fees
is usually established by resolution with an ordinance authorizing the fee.
Source of Revenue – Revenues are classified according to their source or point of origin.
Special Revenue Funds – Special Revenue Funds are used to account for the proceeds of specific
revenue sources other than major capital projects that are legally restricted to expenditures for specific
purposes.
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Standard Work Year – 2,080 hours or 260 working days.
Taxes – Compulsory charges levied by a government for the purpose of financing services performed for
the common benefit of the people. This term does not include specific charges made against persons or
property for current or permanent benefit, such as special assessments.
Tentative Budget – The budget approved after the first public hearing and before the Final Budget
adoption.
Tax Roll – The certification of assessed/taxable values prepared by the Property Appraiser and presented
to the taxing authority by July 1st of each year.
Transfers In/Out (Inter-fund Transfers) – The movement of monies between funds in the same
governmental entity.
Transportation – The UAS manual outlines this category as services provided for the safe and adequate
flow of vehicles, travelers, and pedestrians while excluding those expenditures for public safety. The
funds/departments under this category would be Roads & Streets, Engineering, and a portion of the CRA
and Discretionary Sales Tax Funds.
Undesignated Fund Balance – The portion of a fund’s balance that is not restricted for a specific purpose
and is available for general appropriation.
Uniform Accounting System (UAS) – The Bureau of Local Government under the State of Florida
Department of Financial Services publishes a manual that outlines the accounting structure to be used
by all local governments. Part of the manual outlines expense/expenditure grouping of various functions
called categories, as well as revenue categories.
Unincorporated Area – The area of the county not in any municipality. The area may be rural, agricultural,
or heavily populated and suburban in nature.
User Fees – The charge for the direct receipt of a public service by the party benefiting from the service.
Utility Service Taxes – Taxes levied by the municipality on the purchase of utility services within the
jurisdiction, in accordance with Chapter 166.231, Florida Statutes. It is also known as the Municipal
Public Services Tax.
Working Capital – The year-end balance of current assets less current liabilities in the Enterprise and
Internal Service Funds. The unencumbered balance at year-end is available for appropriation in the next
year’s budget.
Zoning – Dividing a community into zones for different types of uses, such as business, residential
subdivisions, and agriculture.
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CODE OF ORDINANCES CITY OF WINTER SPRINGS, FLORIDA
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CODE OF ORDINANCES
CITY OF
WINTER SPRINGS, FLORIDA _____________________________
Published by Order of the City Commission, 1989
Republished by Order of the City Commission, 2000 _____________________________
CURRENT OFFICIALS
of the
CITY OF
WINTER SPRINGS, FLORIDA _____________________________
Kevin McCann
Mayor _____________________________
Paul Diaz
Victoria Bruce
Sarah Baker
Cade Resnick
Mark Caruso
City Commission _____________________________
Kevin A. Sweet
111
Winter Springs, Florida, Code of Ordinances
CODE OF ORDINANCES CITY OF WINTER SPRINGS, FLORIDA
Winter Springs, Florida, Code of Ordinances Created: 2026-01-20 16:52:50 [EST]
(Supp. No. 34)
Page 2 of 9
City Manager _____________________________
Anthony A. Garganese
City Attorney _____________________________
Christian Gowan
City Clerk
PREFACE
This Code constitutes a complete recodification of the ordinances of the City of Winter Springs of a general
and permanent nature.
Source materials used in the preparation of the Code were the 1974 Code, as supplemented through
October 12, 1987, and ordinances subsequently adopted by the city commission. The source of each section is
included in the history note appearing in parentheses at the end thereof. The absence of such a note indicates that
the section is new and was adopted for the first time with the adoption of the Code. By use of the comparative
tables appearing in the back of this volume, the reader can locate any section of the 1974 Code, as supplemented,
and any subsequent ordinance included herein.
The Code has been republished in 2000 with the inclusion of ordinances received for codification subsequent
to the publication of Supplement No. 17 to the 1989 publication, and this republication constitutes a replacement
volume to the prior Code.
The chapters of the Code have been conveniently arranged in alphabetical order and the various sections
within each chapter have been catchlined to facilitate usage. Footnotes which tie related sections of the Code
together and which refer to relevant state laws have been included. A table listing the state law citations and
setting forth their location within the Code is included at the back of this volume.
Numbering System
The numbering system used in this Code is the same system used in many state and municipal codes. Each
section number consists of two component parts separated by a dash, the figure before the dash referring to the
chapter number and the figure after the dash referring to the position of the section within the chapter. Thus, the
first section of Chapter 2 is numbered 2-1 and the third section of Chapter 4 is 4-3. Under this system, each section
is identified with its chapter and at the same time new sections or even whole chapters can be inserted in their
proper place simply by using the decimal system for amendments. By way of illustration: If new material consisting
of three sections that would logically come between sections 5-1 and 5-2 is desired to be added, such new sections
would be numbered 5-1.1, 5-1.2 and 5-1.3, respectively. New chapters may be included in the same manner. If the
new material is to be included between Chapters 6 and 7, it will be designated as Chapter 6.5. Care should be
taken that the alphabetical arrangement of chapters is maintained when including new chapters. New articles and
new divisions may be included in the same way or, in the case of articles, may be placed at the end of the chapter
embracing the subject, and, in the case of divisions, may be placed at the end of the article embracing the subject,
the next successive number being assigned to the article or division.
Indices
The indices of the Code have been prepared with the greatest of care. Each particular item has been placed
under several headings, some of the headings being couched in lay phraseology, others in legal terminology, and
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still others in language generally used by municipal officials and employees. There are numerous cross references
within each index which stand as guideposts to direct the user to the particular item in which he is interested.
Looseleaf Supplements
A special feature of this Code to which the attention of the user is especially directed is the looseleaf system
of binding and supplemental servicing for the Code. With this system, the Code will be kept up-to-date
periodically. Upon the final passage of amendatory ordinances, they will be properly edited and the appropriate
page or pages affected will be reprinted. These new pages will be distributed to holders of copies of the Code, with
instructions for the manner of inserting the new pages and deleting the obsolete pages.
Successfully keeping this Code up-to-date at all times will depend largely upon the holder of the volume. As
revised sheets are received, it will then become the responsibility of the holder to have the amendments inserted
according to the attached instructions. It is strongly recommended by the publisher that all such amendments be
inserted immediately upon receipt to avoid misplacing them and, in addition, that all deleted pages be saved and
filed for historical reference purposes.
Acknowledgments
The publication of this Code was under the direct supervision of Alyce A. Whitson, Supervising Editor, of the
Municipal Code Corporation, Tallahassee, Florida. Credit is gratefully given to the other members of the publisher's
staff for their sincere interest and able assistance throughout the project. It is hoped that the efforts of the city
staff and those of the publisher have resulted in a Code of Ordinances which will make the active law of the city
readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of the city's
affairs.
The republication of the Code was under the direct supervision of Robert S. Hornyak, Editor, and credit is
gratefully given to Buzz Bjornsen and other members of the publisher's staff for their able assistance throughout
the project.
MUNICIPAL CODE CORPORATION
Tallahassee, Florida
ORDINANCE NO. 455
AN ORDINANCE ADOPTING AND ENACTING A NEW CODE FOR THE CITY OF WINTER SPRINGS, FLORIDA; PROVIDING
FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVIDING A PENALTY FOR THE
VIOLATION THEREOF; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; AND PROVIDING WHEN
SUCH CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE.
THE CITY OF WINTER SPRINGS HEREBY ORDAINS:
Section 1. The Code entitled the "Code or Ordinances, Winter Springs, Florida" published by Municipal Code
Corporation consisting of Chapters 1 though 20, each inclusive, is adopted.
Section 2. All ordinances of a general and permanent nature enacted on or before November 28, 1988, and
not included in the Code or recognized and continued in force by reference therein, are repealed.
Section 3. The repeal provided for in section 2 hereof shall not be construed to revive any ordinance or part
thereof that has been repealed by a subsequent ordinance that is repealed by this ordinance.
Section 4. Unless another penalty is expressly provided, every person convicted of a violation of any
provision of the code or any ordinance, rule or regulation adopted or issued in pursuance thereof, shall be
punished by a fine not to exceed five hundred dollars ($500.00) and a term of imprisonment not to exceed sixty
(60) days or both a fine and imprisonment. Each act of violation and each day upon which any such violation shall
occur shall constitute a separate offense. The penalty provided by this section, unless another penalty is expressly
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provided, shall apply to the amendment of any Code section whether or not such penalty is reenacted in the
amendatory ordinance. In addition to the penalty prescribed above, the city may pursue other remedies such as
abatement of nuisances, injunctive relief, and revocation of licenses or permits.
Section 5. Additions or amendments to the Code when passed in the form as to indicate the intention of
the city commission to make the same a part of the Code shall be deemed to be incorporated in the Code, so that
reference to the Code includes the additions and amendments.
Section 6. Ordinances adopted after November 28, 1988 that amend or refer to ordinances that have been
codified in the Code, shall be construed as if they amend or refer to like provisions of the Code.
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Section 7. This ordinance shall become effective April 24, 1989.
Passed and adopted by the City Commission this 24th day of April, 1989.
/s/ Leanne M. Grove
Mayor
/s/ Mary T. Norton
City Clerk
First reading 3/27/89
Posted 3/31/89
Second Reading and Public Hearing 4/24/89
Section 4.10. City clerk.
(a) The city commission, after receiving a nomination from either the mayor or a commission member(s) shall,
by a vote of not less than four (4) commission members, appoint an officer of the city who shall have the title
of city clerk. The city clerk's compensation shall be established by the city commission. The city clerk shall
give notice of commission meetings to its members and the public, keep the journal of its proceedings and
perform such other duties as are provided by this Charter, by the commission or by law.
(b) The city clerk may be removed by a vote of not less than four (4) commission members.
(Ord. No. 2010-19, § 7, 8-9-10)
Editor's note(s)—The amendment of Subsection 4.10(a) of the Charter was approved by the voters at an election
held on Nov. 2, 2010.
ARTICLE IV. ELECTIONS1
Sec. 2-81. Election supervisor.
The city clerk is hereby designated the supervisor of elections for the city.
(Code 1974, § 2-27)
Sec. 2-82. Proclamation.
The mayor shall issue a proclamation calling the municipal elections provided for in this article and at least
sixty (60) days prior thereto. The proclamation shall be published in a newspaper of general circulation in this city
once each week for four (4) consecutive weeks prior to the municipal election.
(Code 1974, § 2-29)
1Charter reference(s)—City commission election and terms, § 4.03; nominations and elections, § 8.01 et seq.
Cross reference(s)—City commission, § 2-26 et seq.
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Sec. 2-83. Municipal elections to be general elections.
Municipal elections held as provided in this article shall be general municipal elections and no other
municipal primary or general election shall be necessary. The successful candidates determined as provided in this
article shall be the duly elected officers for their respective offices and shall take office as provided in subsection
4.03(a) of the City Charter.
(Code 1974, § 2-30; Ord. No. 2017-12, § 2, 7-10-17)
Charter reference(s)—Election date, § 4.03.
Sec. 2-84. Determination of person elected.
The person receiving the highest number of votes cast for one (1) office is elected to the office. If there
should be more than two (2) candidates for any one (1) office, and two (2) candidates receive an equal and highest
number of votes cast in the municipal election for the same office, then the two (2) candidates receiving an equal
and highest number of votes cast shall run again in a runoff municipal election. As scheduled by the city
commission, the runoff election shall be held no later than sixty (60) days following the initial election and the
candidate receiving the majority of the votes cast at such runoff election shall be elected.
(Code 1974, § 2-31; Ord. No. 2008-16, § 2, 9-8-08)
Sec. 2-85. Election boards.
The mayor shall appoint an election board for the municipal elections herein provided for. The names of the
members of such election board shall be included in the proclamation for the holding of the municipal elections.
The mayor shall fill any vacancy in the election board by appointment. The compensation of such boards shall be
set by the city commission. The duties and responsibilities of the election board shall be those as stated in F.S. ch.
102, for state offices. In years when the county supervisor of elections conducts the municipal election, the
supervisor shall appoint the election board, shall fill any vacancy and shall set the compensation of the election
board.
(Code 1974, § 2-32)
Sec. 2-86. Nonpartisanship required.
Municipal elections shall be nonpartisan and all officers shall be elected without reference to their political
faith or party affiliations.
(Code 1974, § 2-33)
Sec. 2-87. Qualification of candidates.
Each candidate seeking the office of city commissioner or mayor or any other elective office of the city shall
file a petition signed by fifteen (15) registered voters of the city with the city clerk. Each candidate seeking the
office of city commissioner or mayor of any other elective office of the city shall have resided in the city one (1)
year prior to the time of qualifying. Each candidate seeking the office of city commissioner shall be a resident of a
designated commission district as established by ordinance and shall have resided in the designated commission
district six (6) months prior to the time of qualifying. Notwithstanding the above requirement, city commissioners
shall run at large as commission candidates under district designation. All candidates for offices in municipal
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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 qualifying papers in accordance with state statutes and pay the qualifying fee and election
assessment provided for in section 2-88. Such application shall be filed and the qualifying fee paid during regular
business hours any time after 12:00 noon on the first filing date, which shall be seventy-one (71) calendar days
prior to the municipal election, but not later than 12:00 noon on the sixty-seventh (67) calendar day prior to the
municipal election. In the event, the first or last filing date falls on a Saturday, Sunday, or legal holiday, then the
subject filing date shall be rescheduled to the next regular business day.
(Code 1974, § 2-34; Ord. No. 494, § 2, 8-13-90; Ord. No. 2004-25, § 2, 6-14-04)
Sec. 2-87.1. Vacancy in candidacy.
(a) If the death, withdrawal or removal of a qualified candidate following the end of the qualifying period results
in only one candidate remaining on the ballot for that office, the remaining candidate shall be declared
elected and no election for that office shall be required.
(b) If the death, withdrawal or removal from the ballot of a qualified candidate following the end of the
qualifying period results in no candidates for an office, and if a vacancy shall result on the city commission,
such vacancy shall be filled in accordance with section 4.08(c) of the Charter of the City of Winter Springs,
Florida.
(c) A candidate withdrawing or being removed from the ballot after having qualified and paid the qualification
fee shall not receive a refund of the qualifying fee.
(Ord. No. 509, § 1, 9-23-91)
Sec. 2-88. Qualifying fees.
(a) All candidates for city commission and mayor, qualifying as provided in this Code, shall pay a qualifying fee of
one hundred fifty dollars ($150.00). The qualifying fee and the election assessment shall be paid to the city
clerk and be paid by the clerk into the general fund of the city. Within thirty (30) days after the close of
qualifying, the city clerk shall forward the elections assessment to the Department of State.
(b) Pursuant to F.S. § 99.093(2), candidates who are unable to pay the election assessment without imposing an
undue burden on their personal resources or resources otherwise available to them shall upon written
certification of such inability given under oath to the city clerk be exempted from paying the election
assessment. Any candidate exempt from the election assessment shall also be exempt from the city's
qualifying fee.
(Code 1974, § 2-35; Ord. No. 2004-25, § 2, 6-14-04)
Sec. 2-89. Registration of voters.
Voters in a municipal election shall be registered in the manner provided for by the General Laws of Florida
as set out in Florida Statutes, Chapters 97 and 98. All voters residing within the municipal limits of the city and
registered by the supervisor of elections to vote in the county, shall be eligible to vote in all municipal elections.
(Code 1974, § 2-36)
State law reference(s)—Qualifications of municipal electors, F.S. § 166.032.
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Sec. 2-90. Voting places.
In those years when the city conducts the election not in conjunction with the county election, voting places
for municipal elections shall be designated by the city commission. The location of the voting places shall be
included in the mayor's proclamation called for by section 2-82 above. In the event there should be a runoff
election, the same voting places shall be used.
(Code 1974, § 2-38)
Sec. 2-91. Voting machines.
Voting machines shall be used for voting in the municipal elections provided for in this article in the same
manner as such machines are used for voting in state and county elections.
(Code 1974, § 2-39)
Sec. 2-92. Absentee voting.
Absentee voting in the municipal elections provided for in this article shall be permitted and governed by F.S.
§§ 101.62 through 101.70.
(Code 1974, § 2-40)
Sec. 2-93. Canvass of return.
The Seminole County canvassing board shall serve as the canvassing board for any city election, whether or
not the city election is conducted in conjunction with a county election.
(Code 1974, § 2-41; Ord. No. 2009-14, § 2, 8-10-09)
Sec. 2-94. Applicability of Code to election where questions are submitted.
At all elections at which any question is submitted to the electors, including bond issues, this article shall
apply to the extent that it can be made applicable and is not preempted by the general election laws of the state.
(Code 1974, § 2-42)
State law reference(s)—Bond referendum, F.S. § 100.201 et seq.
Sec. 2-95. Additional duties of city clerk.
The city clerk is authorized and directed to have prepared such forms and perform such ministerial duties as
are required by this article by necessary implication in order to accomplish the objectives of this article, and the
intent of the city commission in adopting it.
(Code 1974, § 2-43)
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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.
(Ord. No. 2004-37, § 1, 8-23-04)
Sec. 2-97. Electronic filling of campaign finance reports required.
All candidates for elected office in the City of Winter Springs shall electronically file their campaign
treasurer's reports required by state law utilizing the Seminole County Supervisor of Elections Office's electronic
filing system. The electronic filing deadline for a completed campaign report shall be the same as the deadline
established by law for filing an original paper copy of the report with the city's filing officer.
(Ord. No. 2009-09, § 2, 4-27-09; Ord. No. 2014-11, § 2, 5-12-14)
Secs. 2-98—2-115. Reserved.
Sec. 14-2. City clerk—Supervision by city manager.
(a) This section is enacted for purposes of clarifying the role of the city clerk and city manager consistent with
their respective duties and responsibilities assigned under the City Charter. Specifically, this section is in
furtherance of the city commission's authority to appoint and assign additional duties to the city clerk in
accordance with section 4.10 of the City Charter and the city manager's authority as chief administrative
officer of the city pursuant to section 5.03 of the City Charter.
(b) Upon appointment by the city commission, the city clerk shall be subject to the direction and supervision of
the city manager consistent with the scope of duties assigned to the city clerk by Charter, City Code and
express direction of the city commission.
(c) The city manager may assign additional duties to the city clerk when the city manager deems it necessary for
the good of administering city affairs and for purposes of faithfully executing all express actions of the city
commission and laws including, but not limited to, state and federal law, City Charter, and City Code.
(d) The city manager may assign one or more city employees to assist the city clerk with the city clerk's assigned
duties, and one of the assigned city employees may, with the approval of the city manager, serve as acting
city clerk in the temporary absence of the city clerk.
(e) The city clerk's compensation shall be established by the city commission. However, once the city
commission establishes the initial compensation of the city clerk, the city manager may adjust that
compensation in the same manner as other city employees unless otherwise expressly directed by the city
commission.
(f) The city clerk may be terminated by the city commission in accordance with the requirements of the City
Charter.
(g) This section shall not be construed to conflict with the City Charter.
(Ord. No. 2020-08, § 2, 9-28-20)
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