December 04, 2020
Print This PagePrint This Page

  *
Session:
Bill #:
Session:
Chamber: View Search Tips
Search Term:
Year: View Search Tips
Search Term:
_h0805__
HB 805

1
A bill to be entitled
2An act relating to Marion County; creating the City of
3Marion Oaks; providing powers and form of government;
4providing corporate boundaries; providing for a city
5council; providing powers, duties, eligibility,
6compensation, and terms of council members; providing for
7a mayor and deputy mayor and specifying powers and duties
8thereof; prohibiting dual officeholding; specifying
9grounds for forfeiture of office; providing for the
10filling of vacancies; providing meeting requirements;
11providing for the appointment, qualifications, and
12compensation of a city manager and acting city manager;
13providing powers and duties; providing for the creation of
14additional departments, offices, and agencies to be
15directed by the city manager; specifying a merit principle
16and grievance process for officers and employees;
17providing for the appointment and removal of a city
18attorney and city clerk; providing duties; providing for
19the financial management of the city, including a fiscal
20year and submission of a budget; specifying budget
21requirements; providing statutory requirements for budget
22action and amendment; providing for administration and
23oversight; requiring a capital program; providing for
24audits; providing for city elections; providing city
25council districts; providing for the appointment, terms,
26compensation, and duties of a districting committee;
27providing districting plan criteria; providing effect of
28district enactment; providing requirements for initial
29election of mayor and council members; authorizing
30registered electors to propose initiatives, referenda, and
31recall of officers; providing requirements for content,
32circulation, and filing of petitions; providing for a
33petitioners' committee; providing for council review of
34petitions under certain circumstances; providing for the
35suspension of ordinances under reconsideration; providing
36procedures for consideration of proposed initiative
37ordinances or reconsideration of referred ordinances;
38providing for elections with respect thereto; providing
39ethics requirements for officers and employees; providing
40for charter review and amendment; providing for creation
41and establishment of the city; providing for the initial
42election of the mayor and council members; providing for
43initial expenses, transitional ordinances and resolutions,
44and continuation of certain revenue sources and municipal
45services; authorizing city participation in state shared
46revenue programs and receipt of local option fuel tax
47revenues; requiring sharing of specified revenues with
48Marion County; providing severability; providing for a
49referendum; providing effective dates.
50
51     WHEREAS, we, the people of the City of Marion Oaks,
52Florida, under the constitution and laws of the United States of
53America and the State of Florida, in order to provide the
54benefits of local government responsive to the will and values
55of our citizens, do hereby adopt this charter to define the
56powers and structure of our government, and
57     WHEREAS, by this action, we secure the benefits of home
58rule and affirm the values of representative democracy,
59professional management, visionary leadership, citizen
60participation, and regional cooperation, and
61     WHEREAS, we believe in an open, responsive government that
62provides efficient services which meet the needs of the people,
63that abides by the highest ethical standards, and that operates
64as a careful steward of the human, fiscal, and natural resources
65of our city, NOW, THEREFORE,
66
67Be It Enacted by the Legislature of the State of Florida:
68
69     Section 1.  Creation; powers of the city; form of
70government.-
71     (1)  CREATION.-This act shall be known and may be cited as
72the "City of Marion Oaks Charter," hereinafter referred to as
73the "charter," and the City of Marion Oaks is hereby created and
74established.
75     (2)  POWERS OF THE CITY.-The city shall have all powers
76possible for a city to have under the constitution and laws of
77this state as fully and completely as though they were
78specifically enumerated in this charter.
79     (3)  CONSTRUCTION.-The powers of the city under this
80charter shall be construed liberally in favor of the city, and
81the specific mention of particular powers in the charter shall
82not be construed as limiting in any way the general power
83granted in this section.
84     (4)  INTERGOVERNMENTAL RELATIONS.-The city may participate
85by contract or otherwise with any governmental entity of this
86state or any other state or states or the United States in the
87performance of any activity which one or more of such entities
88have the authority to undertake.
89     (5)  FORM OF GOVERNMENT.-The city shall have a council-
90manager form of government as defined in sections 2 and 3.
91     (6)  CORPORATE BOUNDARIES.-The corporate boundaries of the
92city shall be as follows:
93
94A subdivision as recorded in Plat Book "O" at Pages
95001, 019, 036, 053, 081, 107, 140, 154, 164, 194, 214,
96225 and Plat Book "H", at Page 131 of the Public
97Records of Marion County, Florida.
98
99Notwithstanding those boundaries defined by this recorded
100subdivision's boundaries, all properties contained within the
101northernmost, southernmost, easternmost, and westernmost
102boundaries of this subdivision as recorded, and as illustrated
103on the map of the proposed City of Marion Oaks contained within
104the Municipal Incorporation Feasibility Study for the proposed
105City of Marion Oaks, shall be incorporated into and included
106within the City of Marion Oaks. Nothing within this charter for
107the City of Marion Oaks, Florida, or the associated municipal
108incorporation feasibility study shall be construed as exempting
109or excluding any properties contained within these boundaries
110from being incorporated into the City of Marion Oaks.
111     Section 2.  City council.-
112     (1)  GENERAL POWERS AND DUTIES.-All powers of the city
113shall be vested in the city council, except as otherwise
114provided by law or this charter, and the council shall provide
115for the exercise thereof and for the performance of all duties
116and obligations imposed on the city by law.
117     (2)  ELIGIBILITY; TERMS; COMPOSITION.-
118     (a)  Eligibility.-Only registered electors of the county
119who have resided within the city boundaries for 12 consecutive
120months prior to the date of qualifying shall be eligible to hold
121the office of council member. Council members must maintain
122residency and voter registration during their entire terms of
123office.
124     (b)  Terms.-With the exception of the initial election as
125provided in subsection (3) of section 6, the term of office of
126council members shall be 4 years.
127     (c)  Composition.-There shall be a city council composed of
128four members elected by the registered electors of the city at
129large in accordance with the provisions of section 6. Not more
130than one council member shall reside in each district.
131     (3)  MAYOR.-
132     (a)  Eligibility.-Only a registered elector of the county
133who has resided within the city boundaries for 12 consecutive
134months prior to the date of qualifying shall be eligible to hold
135the office of mayor. The mayor must maintain residency and voter
136registration during his or her entire term of office.
137     (b)  Election.-At each regular election, with the exception
138of the initial election as provided in subsection (3) of section
1396, the registered electors of the city shall elect a mayor at
140large for a term of 4 years.
141     (c)  Powers and duties.-The mayor shall be a voting member
142of the city council and shall attend and preside at meetings of
143the council, represent the city in intergovernmental
144relationships, present an annual state of the city message, and
145perform other duties specified by the council. The mayor shall
146be recognized as head of the city government for all ceremonial
147purposes and by the Governor for purposes of military law but
148shall have no administrative duties.
149     (4)  DEPUTY MAYOR.-At the first regular meeting after the
150swearing in of new council members, the council shall elect from
151among its members a deputy mayor who shall serve for a period of
1522 years. The deputy mayor shall act as mayor during the absence
153or disability of the mayor.
154     (5)  COMPENSATION AND EXPENSES.-
155     (a)  Salary.-The council may determine the annual salary of
156the mayor and council members by ordinance, but no ordinance
157increasing such salary shall become effective until the date of
158commencement of the new terms of the mayor and council members
159elected at the next regular election. The annual salaries of the
160mayor and council members shall increase or decrease annually
161based on the Consumer Price Index for All Urban Consumers,
162published by the Bureau of Labor Statistics of the United States
163Department of Labor, not to exceed 3 percent of the annual
164salary.
165     (b)  Per diem.-The mayor and council members shall receive
166reimbursement for council-approved expenses in accordance with
167applicable law, or as may be otherwise provided by ordinance,
168for authorized travel and per diem expenses incurred in the
169performance of their official duties.
170     (6)  PROHIBITIONS.-
171     (a)  Holding other office.-Except where authorized by law,
172the mayor and council members shall not hold any other elected
173public office during the term for which they were elected to the
174council. Neither the mayor nor any council member shall hold any
175other city office or employment during the term for which he or
176she was elected. No former council member or mayor shall hold
177any compensated appointive office or employment with the city
178until 1 year after the expiration of the term for which he or
179she was elected. Nothing in this subsection shall be construed
180to prohibit the council from selecting any current or former
181elected official to represent the city on the governing board of
182any regional or other intergovernmental agency.
183     (b)  Appointments and removals.-Neither the mayor nor any
184member of the city council shall in any manner control or demand
185the appointment or removal of any city administrative officer or
186employee whom the city manager or any subordinate of the city
187manager is empowered to appoint, but the mayor and council
188members may express their views and fully and freely discuss
189with the city manager anything pertaining to appointment and
190removal of such officers and employees.
191     (c)  Interference with administration.-Except for the
192purpose of inquiries, and investigations under subsection (9),
193the mayor, the council, and the council's members shall deal
194with city officers and employees who are subject to the
195direction and supervision of the city manager solely through the
196city manager, and neither the mayor, the council, nor the
197council's members shall give orders to any such officer or
198employee, either publicly or privately.
199     (7)  VACANCIES; FORFEITURE OF OFFICE; FILLING OF
200VACANCIES.-
201     (a)  Vacancies.-The office of a council member or the mayor
202shall become vacant upon the member's or mayor's death,
203resignation, removal from office, or forfeiture of office in any
204manner authorized by law.
205     (b)  Forfeiture of office.-A council member or the mayor
206shall forfeit that office if the council member or mayor:
207     1.  Fails to meet the residency requirements;
208     2.  Violates any express prohibition of this charter;
209     3.  Is convicted of a crime involving moral turpitude; or
210     4.  Fails to physically attend three consecutive regular
211meetings of the council without being excused by the council.
212     (c)  Filling of vacancies.-A vacancy in the city council
213shall be filled for the remainder of the unexpired term, if any,
214at the next regular election. If the next regular election
215occurs within 60 days after the date the vacancy occurred, the
216seat shall remain vacant until filled by a vote of the electors.
217If the election occurs more than 60 days after the date the
218vacancy occurred, the city council, by a majority vote of all
219its remaining members, shall appoint a qualified person to fill
220the vacancy until the election occurs. If the council fails to
221do so within 30 days following the occurrence of the vacancy,
222the city clerk shall call a special election to fill the
223vacancy. This election shall be held not sooner than 90 days and
224not later than 120 days following the occurrence of the vacancy
225and shall be governed by law. Notwithstanding any quorum
226requirements established herein, if at any time the membership
227of the council is reduced to fewer than three members, the
228remaining members may, by unanimous vote, appoint additional
229members to raise the membership to a minimum of three.
230     (8)  JUDGE OF QUALIFICATIONS.-The city council shall be the
231judge of the election and qualifications of its members and of
232the grounds for forfeiture of their office. A member charged
233with conduct constituting grounds for forfeiture of office shall
234be entitled to a public hearing on demand, and notice of such
235hearing shall be published in a newspaper of general circulation
236in the city at least 1 calendar week in advance of the hearing.
237     (9)  INVESTIGATIONS.-The city council may make
238investigations into the affairs of the city and the conduct of
239any city department, office, or agency.
240     (10)  PROCEDURES.-
241     (a)  Meetings.-The council shall meet regularly at least
242once every month at such times and places as the council may
243prescribe by rule. Special meetings may be held at the call of
244the mayor or two or more council members and, whenever
245practicable, upon no less than 48 hours' notice to each member.
246     (b)  Emergency meetings.-The mayor or any two or more
247members of the council may convene an emergency council meeting
248upon reasonable notice of such meeting given to each council
249member. The first order of business at an emergency council
250meeting shall be the determination, by affirmative vote of at
251least three members of the council, that an emergency situation
252involving health, safety, or public welfare warranting council
253action exists. Only matters relating to the emergency may be
254considered at the emergency meeting, and any action taken at
255such meeting must be approved by at least three members of the
256council, except for emergency ordinances, which shall be adopted
257in accordance with state law.
258     (c)  Rules and minutes.-The city council shall determine
259its own rules and order of business and shall provide for
260keeping a record of its proceedings in accordance with Florida
261law.
262     (d)  Quorum.-Three members of the council shall constitute
263a quorum. No action of the council shall be valid or binding
264unless adopted by the affirmative vote of three or more members
265of the council.
266     (11)  ORDINANCES IN GENERAL.-All ordinances, including
267emergency ordinances, shall be adopted pursuant to section
268166.041, Florida Statutes, as it may be amended from time to
269time. Every adopted ordinance shall become effective as provided
270in the body of the ordinance.
271     Section 3.  City manager.-
272     (1)  APPOINTMENT; QUALIFICATIONS; COMPENSATION.-The city
273council, by a supermajority vote of its total membership, shall
274appoint a city manager for an indefinite term and fix the city
275manager's compensation. The city manager shall be appointed
276solely on the basis of education and experience in the accepted
277competencies and practice of local government management. The
278city manager need not be a resident of the city or state at the
279time of appointment but may reside outside the city while in
280office only with the approval of the council.
281     (2)  REMOVAL.-If the city manager declines to resign at the
282request of the city council, the city council may suspend the
283city manager by a resolution approved by a supermajority of the
284total membership of the city council. Such resolution shall set
285forth the reasons for suspension and proposed removal. A copy of
286such resolution shall be served immediately upon the city
287manager. The city manager shall have 15 days in which to reply
288thereto in writing and, upon request, shall be afforded a public
289hearing, which shall occur not earlier than 10 days nor later
290than 15 days after such hearing is requested. After the public
291hearing, if one is requested, and after full consideration, the
292city council, by a supermajority vote of its total membership,
293may adopt a final resolution of removal. The city manager shall
294continue to receive full salary until the effective date of a
295final resolution of removal.
296     (3)  ACTING CITY MANAGER.-By letter filed with the city
297clerk, the city manager shall designate a city officer or
298employee to exercise the powers and perform the duties of city
299manager during the city manager's temporary absence or
300disability. The city council may revoke such designation at any
301time and appoint another officer or employee of the city to
302serve until the city manager returns.
303     (4)  POWERS AND DUTIES OF CITY MANAGER.-The city manager
304shall be the chief executive officer of the city, responsible to
305the council for the management of all city affairs placed in the
306city manager's charge by or under this charter. The city manager
307shall:
308     (a)  Appoint and suspend or remove all city employees and
309appointive administrative officers provided for, by, or under
310this charter, except as otherwise provided by law, this charter,
311or personnel rules adopted pursuant to this charter. The city
312manager may authorize any administrative officer subject to the
313city manager's direction and supervision to exercise these
314powers with respect to subordinates in that officer's
315department, office, or agency.
316     (b)  Direct and supervise the administration of all
317departments, offices, and agencies of the city, except as
318otherwise provided by this charter or by law.
319     (c)  Attend all city council meetings. The city manager
320shall have the right to take part in discussion but shall not
321vote.
322     (d)  See that all laws, provisions of this charter, and
323acts of the city council subject to enforcement by the city
324manager or by officers subject to the city manager's direction
325and supervision are faithfully executed.
326     (e)  Prepare and submit the annual budget and capital
327program to the city council and implement the final budget
328approved by the council to achieve the goals of the city.
329     (f)  Submit to the city council, and make available to the
330public, a complete report on the finances and administrative
331activities of the city as of the end of each fiscal year.
332     (g)  Make such other reports as the city council may
333require concerning operations.
334     (h)  Keep the city council fully advised as to the
335financial condition and future needs of the city.
336     (i)  Make recommendations to the city council concerning
337the affairs of the city and facilitate the work of the city
338council in developing policy.
339     (j)  Provide staff support services for the mayor and
340council members.
341     (k)  Assist the council in developing long-term goals for
342the city and strategies to implement these goals.
343     (l)  Encourage and provide staff support for regional and
344intergovernmental cooperation.
345     (m)  Promote partnerships among council, staff, and
346citizens in developing public policy and building a sense of
347community.
348     (n)  Perform such other duties as are specified in this
349charter or may be required by the city council.
350     Section 4.  Departments, offices, and agencies.-
351     (1)  GENERAL PROVISIONS.-
352     (a)  Creation of departments.-The city council may
353establish city departments, offices, or agencies in addition to
354those created by this charter and may prescribe the functions of
355all departments, offices, and agencies. No function assigned by
356this charter to a particular department, office, or agency may
357be discontinued or, unless this charter specifically so
358provides, assigned to any other.
359     (b)  Direction of city manager.-All departments, offices,
360and agencies under the direction and supervision of the city
361manager shall be administered by an officer appointed by and
362subject to the direction of the city manager.
363     (2)  PERSONNEL SYSTEM.-
364     (a)  Merit principle.-All appointments and promotions of
365city officers and employees shall be made solely on the basis of
366merit and fitness demonstrated by a valid and reliable
367examination or other evidence of competence.
368     (b)  Grievance process.-The city council shall establish
369and maintain a written grievance process for all city employees.
370     (3)  CITY ATTORNEY.-
371     (a)  Appointment and removal.-There shall be a city
372attorney appointed by the city council. The city attorney shall
373be appointed and may be removed by a simple majority vote of the
374entire city council.
375     (b)  Role.-The city attorney shall serve as chief legal
376adviser to the council, the city manager, and all city
377departments, offices, and agencies; shall represent the city in
378legal proceedings; and shall perform any other duties prescribed
379by state law, this charter, or ordinance.
380     (4)  CITY CLERK.-
381     (a)  Appointment and removal.-There shall be a city clerk
382appointed and removed by the city manager, subject to
383confirmation by a majority vote of the entire city council.
384     (b)  Duties.-The city clerk shall give notice of council
385meetings to council members and the public, keep the journal of
386the council's proceedings, and perform such other duties as are
387assigned by this charter, the city manager, or state law.
388     Section 5.  Financial management.-
389     (1)  FISCAL YEAR.-The fiscal year of the city shall begin
390on the first day of October and end on the last day of
391September.
392     (2)  SUBMISSION OF BUDGET.-On or before the first day of
393August of each year, the city manager shall submit to the city
394council a budget for the ensuing fiscal year and an accompanying
395message.
396     (3)  BUDGET MESSAGE.-The city manager's message shall
397explain the budget both in fiscal terms and in terms of the work
398programs, linking those programs to organizational goals and
399community priorities. It shall outline the proposed financial
400policies of the city for the ensuing fiscal year and the impact
401of those policies on future years. It shall describe the
402important features of the budget; indicate any major changes
403from the current year in financial policies, expenditures, and
404revenues together with the reasons for such changes; summarize
405the city's debt position, including factors affecting the
406ability to raise resources through debt issues; and include such
407other material as the city manager deems desirable.
408     (4)  BUDGET.-The budget shall provide a complete financial
409plan of all city funds and activities for the ensuing fiscal
410year and, except as required by law or this charter, shall be in
411such form as the city manager deems desirable or the city
412council may require for effective management and an
413understanding of the relationship between the budget and the
414city's strategic goals. The budget shall begin with a clear
415general summary of its contents; shall show in detail all
416estimated income, indicating the proposed property tax levy and
417all proposed expenditures, including debt service, for the
418ensuing fiscal year; and shall be so arranged as to show
419comparative figures for actual income and expenditures of the
420preceding fiscal year. It shall indicate in separate sections:
421     (a)  The proposed goals and expenditures for current
422operations during the ensuing fiscal year, detailed for each
423fund by department or other organizational unit and by program,
424purpose, or activity; the method of financing such expenditures;
425and methods to measure outcomes and performance related to the
426goals.
427     (b)  The proposed longer-term goals and capital
428expenditures during the ensuing fiscal year, detailed for each
429fund by department or other organizational unit when
430practicable; the proposed method of financing each such capital
431expenditure; and methods to measure outcomes and performance
432related to the goals.
433     (c)  The proposed goals, anticipated income, and expense,
434profit, and loss for the ensuing year for each utility or other
435enterprise fund or internal service fund operated by the city
436and methods to measure outcomes and performance related to the
437goals. For any fund, the total of proposed expenditures shall
438not exceed the total of estimated income plus carried-forward
439fund balance exclusive of reserves.
440     (5)  CITY COUNCIL ACTION ON BUDGET.-The city council shall
441adopt an annual budget in accordance with all applicable state
442statutory provisions, including, but not limited to, sections
443166.241, 200.001, 200.065, and 200.068, Florida Statutes, as
444they may be amended from time to time.
445     (6)  AMENDMENTS AFTER ADOPTION.-Budget amendments after
446adoption of an annual budget shall be processed according to
447sections 166.241, 200.065, and 218.503, Florida Statutes, as
448they may be amended from time to time.
449     (7)  ADMINISTRATION AND FIDUCIARY OVERSIGHT.-The city
450council shall provide by ordinance the procedures for
451administration and fiduciary oversight of the budget.
452     (8)  CAPITAL PROGRAM.-The city manager shall prepare and
453submit to the city council a multiyear capital program in
454compliance with state law.
455     (9)  INDEPENDENT AUDIT.-
456     (a)  The city council shall provide for an independent
457annual audit of all city accounts and may provide for more
458frequent audits as it deems necessary. An independent certified
459public accountant or firm of such accountants shall make such
460audits. Such audits should be performed in accordance with
461generally accepted auditing standards and generally accepted
462governmental auditing standards.
463     (b)  The council shall, using competitive bidding,
464designate such accountant or firm annually, or for a period not
465exceeding 3 years, but the designation for any particular fiscal
466year shall be made no later than 30 days after the beginning of
467such fiscal year. The standard for independence is that the
468auditor must be capable of exercising objective and impartial
469judgment on all issues encompassed within the audit engagement.
470No accountant or firm may provide any other services to the city
471during the time it is retained to provide independent audits to
472the city. The city council may waive this requirement by a
473majority vote at a public hearing. If the state makes such an
474audit, the council may accept it as satisfying the requirements
475of this subsection.
476     Section 6.  Elections.-
477     (1)  CITY ELECTIONS.-
478     (a)  Regular elections.-The regular election for the city
479shall be held on the first Tuesday after the first Monday in
480November in each even-numbered year, in conjunction with state
481and federal elections.
482     (b)  Conduct of elections.-The provisions of the general
483election laws of the state shall apply to elections held under
484this charter. Candidates shall run for office without party
485designation.
486     (2)  COUNCIL DISTRICTS; ADJUSTMENT.-
487     (a)  Number of districts.-There shall be four city council
488districts.
489     (b)  Districting committee; composition; appointment;
490terms; vacancies; compensation.-
491     1.  There shall be a districting committee consisting of
492five members, with at least one member residing in each district
493of the city.
494     2.  No member of the committee shall be employed by the
495city or hold any other elected or appointed position with the
496city.
497     3.  The city council shall appoint the committee no later
498than 1 year and 5 months before the first general election of
499the city council after each federal decennial census. The
500committee's term shall end upon adoption of a districting plan
501as set forth in paragraph (c).
502     4.  In the event of a vacancy on the committee by death,
503resignation, or otherwise, the city council shall appoint a new
504member who resides in the same district as his or her
505predecessor to serve the balance of the term remaining.
506     5.  No member of the districting committee shall be removed
507from office by the city council except for cause and upon notice
508and hearing.
509     6.  The members of the committee shall serve without
510compensation.
511     7.  The committee may hire or contract for necessary staff
512assistance and may require agencies of city government to
513provide technical assistance. The committee shall have a budget
514as provided by the city council.
515     (c)  Powers and duties of committee; hearings, submissions,
516and approval of plan.-
517     1.  Following each decennial census, the committee shall
518consult the city council and shall prepare a plan for dividing
519the city into districts for the election of council members. In
520preparing the plan, the committee shall be guided by the
521criteria set forth in paragraph (d). The report on the     plan
522shall include a map and description of the districts
523recommended.
524     2.  The committee shall hold one or more public hearings
525not less than 1 month before it submits the plan to the city
526council. The committee shall make its plan available to the
527public for inspection and comment not less than 1 month before
528its public hearing.
529     3.  The committee shall submit its plan to the city council
530not less than 1 year before the first general election of the
531city council after each decennial census.
532     4.  The plan shall be deemed adopted by the city council
533unless disapproved within 3 weeks by the vote of the majority of
534all members of the city council. If the city council fails to
535adopt the plan, it shall return the plan to the committee with
536its objections and with the objections of individual members of
537the council.
538     5.  Upon rejection of its plan, the committee shall prepare
539a revised plan and shall submit such revised plan to the city
540council no later than 9 months before the first general election
541of the city council after the decennial census. Such revised
542plan shall be deemed adopted by the city council unless
543disapproved within 2 weeks by the vote of a supermajority of all
544of the members of the council and unless, by a vote of a
545supermajority of all of its members, the city council votes to
546file a petition with the Circuit Court of Marion County for a
547determination that the plan fails to meet the requirements of
548this charter. The city council shall file its petition no later
549than 10 days after its disapproval of the plan. Upon a final
550determination upon appeal, if any, that the plan meets the
551requirements of this charter, the plan shall be deemed adopted
552by the city council and the committee shall deliver the plan to
553the city clerk. The plan delivered to the city clerk shall
554include a map and description of the districts.
555     6.  If in any year population figures are not available at
556least 1 year and 5 months before the first general election
557following the decennial census, the city council may, by
558ordinance, shorten the time periods for districting committee
559action in subparagraphs 2., 3., 4., and 5.
560     (d)  Districting plan; criteria.-In preparation of its plan
561for dividing the city into districts for the election of council
562members, the committee shall apply the following criteria which,
563to the extent practicable, shall be applied and given priority
564in the order in which they are herein set forth.
565     1.  Districts shall be equal in population except where
566deviations from equality result from the application of the
567provisions hereinafter set forth, but no such deviation may
568exceed 5 percent of the average population for all city council
569districts according to the figures available from the most
570recent census.
571     2.  Districts shall consist of contiguous territory.
572     3.  Consistent with the foregoing provisions, the aggregate
573length of all district boundaries shall be as short as possible.
574     (e)  Effect of enactment.-The new city council districts
575and boundaries as of the date of enactment shall supersede
576previous council districts and boundaries for all purposes of
577the next regular election, including nominations. The new
578districts and boundaries shall supersede previous districts and
579boundaries for all other purposes as of the date on which the
580council members elected at that regular election take office.
581     (3)  FIRST ELECTION; TERMS OF OFFICE.-The first election
582under this charter shall be held on November 2, 2010, at which
583time the mayor shall be elected for a 2-year term of office. The
584two council member candidates receiving the greatest number of
585votes shall be elected to 4-year terms of office. The next two
586council member candidates receiving the greatest number of votes
587shall be elected to 2-year terms of office. Commencing at the
588next regular election and at all subsequent regular elections,
589all council members shall be elected for terms of 4 years.
590     (4)  TAKING OFFICE.-The first city council shall take
591office upon certification of the election results. Subsequently,
592newly elected officials shall take office at the next regular
593council meeting following certification of the election results.
594     (5)  INITIATIVE; CITIZEN REFERENDUM; RECALL.-
595     (a)  General authority.-
596     1.  Initiative.-The registered electors of the city shall
597have the power to propose ordinances to the council and, if the
598council fails to adopt an ordinance so proposed without any
599change in substance, to adopt or reject it at a city election,
600provided that such power shall not extend to the budget or
601capital program or any emergency ordinance or ordinance relating
602to appropriation of money, levy of taxes, or salaries of city
603officers or employees.
604     2.  Referendum.-The registered electors of the city shall
605have the power to require reconsideration by the council of any
606adopted ordinance and, if the council fails to repeal an
607ordinance so reconsidered, to approve or reject it at a city
608election, provided that such power shall not extend to the
609budget or capital program or any emergency ordinance or
610ordinance relating to appropriation of money, levy of taxes, or
611salaries of city officers or employees.
612     3.  Recall.-The registered electors of the city shall have
613the power to remove from office any elected official of the city
614in accordance with state law.
615     (b)  Commencement of proceeding; petitioners' committee;
616affidavit.-Any five registered electors of the city may commence
617initiative or referendum proceedings by filing with the city
618clerk an affidavit stating that they will constitute the
619petitioners' committee and will be responsible for circulating
620the petition and filing it in proper form; specifying a
621committee chair; stating their names and addresses and
622specifying the address to which all notices to the committee are
623to be sent; and setting out in full the proposed initiative
624ordinance or citing the ordinance sought to be reconsidered.
625Promptly after the affidavit of the petitioners' committee is
626filed, the clerk may, at the committee's request, issue the
627appropriate petition blanks to the petitioners' committee at the
628committee's expense.
629     (c)  Petitions.-
630     1.  Number of signatures.-Initiative or referendum
631petitions must be signed by registered electors of the city
632equal in number to at least 10 percent of the total number of
633registered electors who voted in the last regular election.
634     2.  Form and content.-All papers of a petition shall be
635uniform in size and style and shall be assembled as one
636instrument for filing. Each signature shall be executed in ink
637or indelible pencil and shall be followed by the address of the
638person signing, the date, and the person's voting precinct. A
639petition shall contain or have attached thereto throughout its
640circulation the full text of the ordinance proposed or sought to
641be reconsidered.
642     3.  Affidavit of circulator.-Each paper of a petition shall
643have attached to it when filed an affidavit executed by the
644circulator thereof stating that he or she personally circulated
645the paper, the number of signatures thereon, that all the
646signatures were affixed in his or her presence, that he or she
647believes them to be the genuine signatures of the persons whose
648names they purport to be, and that each signer had an
649opportunity before signing to read the full text of the
650ordinance proposed or sought to be reconsidered.
651     4.  Time for filing.-Referendum petitions must be filed
652within 30 days after adoption by the council of the ordinance
653sought to be reconsidered.
654     (d)  Procedure after filing.-
655     1.  Certificate of clerk; amendment.-Within 20 days after
656the initiative petition is filed, the city clerk shall complete
657a certificate as to its sufficiency, specifying, if it is
658insufficient, the particulars wherein it is defective and shall
659promptly send a copy of the certificate to the petitioners'
660committee by registered mail. A petition certified insufficient
661for lack of the required number of valid signatures may be
662amended once if the petitioners' committee files a notice of
663intention to amend it with the clerk within 2 days after
664receiving the copy of the certificate and files a supplementary
665petition with additional papers within 10 days after receiving
666the copy of the certificate. Such supplementary petition shall
667comply with the requirements of subparagraphs (c)2. and (c)3.;
668and, within 5 days after it is filed, the clerk shall complete a
669certificate as to the sufficiency of the petition as amended and
670promptly send a copy of such certificate to the petitioners'
671committee by registered mail as in the case of an original
672petition. If a petition or amended petition is certified
673sufficient, or if a petition or amended petition is certified
674insufficient and the petitioners' committee does not elect to
675amend or request council review under subparagraph 2. within the
676time required, the clerk shall promptly present the certificate
677to the council and the certificate shall then be a final
678determination as to the sufficiency of the petition.
679     2.  Council review.-If a petition has been certified
680insufficient and the petitioners' committee does not file notice
681of intention to amend it or if an amended petition has been
682certified insufficient, the committee may, within 2 days after
683receiving the copy of such certificate, file a request that it
684be reviewed by the council. The council shall review the
685certificate at its next meeting following the filing of such
686request and approve or disapprove it, and the council's
687determination shall then be a final determination as to the
688sufficiency of the petition.
689     (e)  Suspension of effect of ordinance.-When a referendum
690petition is filed with the city clerk, the ordinance sought to
691be reconsidered shall be suspended from taking effect. Such
692suspension shall terminate when:
693     1.  There is a final determination of insufficiency of the
694petition;
695     2.  The petitioners' committee withdraws the petition;
696     3.  The council repeals the ordinance; or
697     4.  The result of a vote of the registered electors of the
698city on the ordinance has been certified.
699     (f)  Action on petitions.-
700     1.  Action by council.-When an initiative or referendum
701petition has been finally determined sufficient, the council
702shall promptly consider the proposed initiative ordinance in the
703manner provided by state law or reconsider the referred
704ordinance by voting its repeal. If the council fails to adopt a
705proposed initiative ordinance without any change in substance
706within 60 days or fails to repeal the referred ordinance within
70730 days after the date the petition was finally determined
708sufficient, it shall submit the proposed or referred ordinance
709to the registered electors of the city.
710     2.  Submission to registered electors of proposed or
711referred ordinances.-The vote of the registered electors of the
712city on a proposed or referred ordinance shall be held not less
713than 30 days and not later than 1 year after the date of the
714final council vote thereon. If no regular election is to be held
715within the period prescribed in this subparagraph, the council
716shall provide for a special election; otherwise, the vote shall
717be held at the same time as such regular election, except that
718the council may, in its discretion, provide for a special
719election at an earlier date within the prescribed period. Copies
720of the proposed or referred ordinance shall be made available at
721the polls.
722     3.  Withdrawal of petitions.-An initiative or referendum
723petition may be withdrawn at any time prior to the 15th day
724preceding the day scheduled for a vote of the registered
725electors of the city by filing with the city clerk a request for
726withdrawal signed by at least two-thirds of the petitioners'
727committee. Upon the filing of such request, the petition shall
728have no further force or effect and all proceedings thereon
729shall be terminated.
730     (g)  Results of election.-
731     1.  Initiative.-If a majority of the registered electors
732voting on a proposed initiative ordinance vote in its favor, it
733shall be considered adopted upon certification of the election
734results and shall be treated in all respects in the same manner
735as ordinances of the same kind adopted by the council. If
736conflicting ordinances are approved at the same election, the
737one receiving the greatest number of affirmative votes shall
738prevail to the extent of such conflict.
739     2.  Referendum.-If a majority of the registered electors
740voting on a referred ordinance vote against it, it shall be
741considered repealed upon certification of the election results.
742     Section 7.  Ethics.-All elected officials and employees of
743the city shall be subject to the standards of conduct for public
744officers and employees provided in part III of chapter 112,
745Florida Statutes.
746     Section 8.  Charter review and amendment.-
747     (1)  CHARTER REVIEW.-The charter shall be reviewed no later
748than 3 years after the date the city was established. After the
749initial review, the charter shall be reviewed no later than
750every 8 years. The city council shall appoint an advisory
751committee consisting of no more than 11 and no fewer than 7
752citizens to review the charter. This committee shall be
753appointed at least 9 months before the next scheduled election.
754     (2)  CHARTER AMENDMENT.-The charter may be amended in
755accordance with Florida law.
756     Section 9.  Transition.-
757     (1)  CREATION AND ESTABLISHMENT OF CITY.-For the purpose of
758compliance with general law relating to the assessment and
759collection of ad valorem taxes, the City of Marion Oaks is
760hereby created and established, effective when approved by the
761vote of the registered electors at the August 24, 2010, special
762election and filed with the Secretary of State in the manner
763prescribed by law.
764     (2)  INITIAL ESTABLISHMENT OF COUNCIL DISTRICTS.-The
765initial council districts shall be established by the Marion
766County Supervisor of Elections in compliance with paragraphs
767(2)(a) and (d) of section 6 for the first election of the city
768council in 2010.
769     (3)  INITIAL ELECTION OF MAYOR AND COUNCIL MEMBERS.-The
770Marion County Supervisor of Elections shall call a special
771election for the election of the four council members and the
772mayor to be held on November 2, 2010. The mayor shall be elected
773for a 2-year term of office. The two council member candidates
774receiving the greatest number of votes shall be elected to 4-
775year terms of office. The next two council member candidates
776receiving the greatest number of votes will be elected to 2-year
777terms of office.
778     (4)  INITIAL EXPENSES.-The city council, in order to
779provide moneys for the expenses and support of the city, shall
780have the power to borrow money necessary for the operation of
781city government until such time as a budget is adopted and
782revenues are raised in accordance with the provisions of this
783charter.
784     (5)  TRANSITIONAL ORDINANCES AND RESOLUTIONS.-The city
785council shall adopt ordinances and resolutions required to
786effect the transition. Ordinances adopted within 60 days after
787the first regular council meeting may be passed as emergency
788ordinances. These transitional ordinances shall be effective for
789no longer than 90 days after adoption and thereafter may be
790readopted, renewed, or otherwise continued only in the manner
791normally prescribed for ordinances.
792     (6)  REVENUE SOURCE TRANSITION.-Until otherwise modified by
793the council, all municipal taxes and fees, including
794communications services taxes, imposed within the city
795boundaries by the county as the municipal government for
796unincorporated Marion County, which taxes and fees are in effect
797on the date of adoption of this charter, shall continue at the
798same rate and under the same conditions as if those taxes and
799fees had been adopted and assessed by the city.
800     (7)  CONTINUITY OF SERVICES.-To ensure that there is no
801discontinuity in the provision, level, or quality of municipal
802service delivery to the proposed city, and until such time as
803the city may enter into interlocal agreements with Marion County
804regarding provision of municipal services, all municipal
805services currently provided by Marion County shall continue at
806the service levels existing at the time of municipal
807incorporation. All federal, state, grant, and other funding
808sources existing prior to the time the city is incorporated
809shall continue to be applied in the manner and at the level
810anticipated and projected by the Marion County budget prior to
811the incorporation of the city. The future cost and level of
812municipal services delivery provided to the city by Marion
813County beyond the 2010-2011 fiscal year shall be negotiated and
814determined through an interlocal agreement between the city and
815appropriate representatives of Marion County.
816     (8)  STATE SHARED REVENUES.-The city shall be entitled to
817participate in all shared revenue programs of the state,
818effective immediately following the ratification of the
819incorporation referendum. The provisions of section 218.23,
820Florida Statutes, shall be waived for the purpose of eligibility
821to receive revenue sharing funds from the date of referendum
822ratification through the end of state fiscal year 2010-2011. The
823provisions of section 218.26(3), Florida Statutes, shall be
824waived through state fiscal year 2010-2011, and the
825apportionment factors for municipalities and counties shall be
826recalculated pursuant to section 218.245, Florida Statutes. The
827initial population estimates for calculating eligibility for
828shared revenues shall be determined by the University of Florida
829Bureau of Economic and Business Research as of the effective
830date of this charter. Should the bureau be unable to provide an
831appropriate population estimate (the initial population at the
832level of 15,000 as projected in the incorporation feasibility
833study), the Marion County Planning Division estimate shall be
834used.
835     (9)  FUEL TAX REVENUES.-Notwithstanding the requirements of
836section 336.025, Florida Statutes, to the contrary, the city
837shall be entitled to receive local option fuel tax revenues upon
838ratification of the referendum results establishing Marion Oaks
839as an incorporated municipality in accordance with the
840interlocal agreements with Marion County.
841     (10)  SHARED REVENUES.-Beginning in the 2010-2011 fiscal
842year, Marion County shall distribute to the city, from taxes,
843franchise fees, and ad valorem taxes, which include
844communication services taxes, revenues collected within the
845municipal boundaries of the city. This calculation shall be
846based upon the population projection of 15,000 residents for the
847city as estimated for the feasibility study in anticipation of
848the year 2010 census.
849     Section 10.  Severability.-If any section or part of a
850section of this charter is held invalid by a court of competent
851jurisdiction, such holding shall not affect the remainder of
852this charter nor the context in which such section or partial
853section so held invalid may appear, except to the extent that an
854entire section or a partial section may be inseparably connected
855in meaning and effect with the section or partial section to
856which such holding shall directly apply.
857     Section 11.  This act shall take effect only upon its
858approval by a majority vote of those registered electors
859residing within the proposed corporate limits of the proposed
860City of Marion Oaks, as described in subsection (6) of section
8611, voting in a referendum election to be called by the Marion
862County Supervisor of Elections and to be held on August 24,
8632010, in accordance with the provisions of law relating to
864elections currently in force, except that this section shall
865take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.
Site Map
Session:   Bills ·   Calendars ·   Bound Journals ·   Citator ·   Search ·   Appropriations ·   Redistricting ·   Bill Information Reports
Committee Publications
Historical Information
Statutes:   Introduction ·   View Statutes ·   Search Statutes
Flsenate.gov
Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes.    Copyright © 2000-2020 State of Florida.     Privacy Statement     Contact Us     Get Acrobat Reader