Senate Bill sb1344

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    Florida Senate - 2003        (NP)  (Corrected Copy)    SB 1344

    By Senator Saunders





    37-936A-03

  1                      A bill to be entitled

  2         An act relating to Lee County; creating the

  3         Village of Captiva; providing a charter;

  4         providing a short title; providing legislative

  5         intent; providing for incorporation; providing

  6         for a council-manager form of government;

  7         providing powers and duties; providing for a

  8         village council and its membership, including

  9         mayor, vice mayor, and mayor pro tem,

10         qualifications and terms of office, powers and

11         duties, absence of compensation, expenses, and

12         prescribed procedures relating to vacancies,

13         including forfeiture of office, suspension, and

14         recall; providing for meetings; providing for

15         recordkeeping; providing certain restrictions;

16         providing for charter officers and their

17         appointment, removal, compensation, filling of

18         vacancies, qualifications, and powers and

19         duties; establishing a fiscal year; providing

20         for a budget, appropriations, amendments, and

21         limitations; providing for elections and

22         matters relating thereto; defining boundaries

23         of the Village; specifying general provisions

24         relating to charter review and amendment and

25         standards of conduct; providing for

26         severability; providing for a referendum,

27         initial election of council members, transition

28         services and compensation, first-year expenses,

29         and specified transitional matters; providing a

30         contingent effective date.

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  1  Be It Enacted by the Legislature of the State of Florida:

  2

  3         Section 1.  Short title.--This act, together with any

  4  future amendments thereto, may be cited as the "Village of

  5  Captiva Charter," hereinafter referred to as "the charter."

  6         Section 2.  Legislative intent.--The Legislature finds

  7  and declares that:

  8         (1)  The area in Lee County known as Captiva Island

  9  includes a compact and contiguous urban community amenable to

10  separate municipal government.

11         (2)  It is in the best interest of the public health,

12  safety, and welfare of the citizens of this community to form

13  a separate municipality for Captiva Island with all powers and

14  authority necessary to provide efficient and adequate

15  municipal services to its residents.

16         Section 3.  Incorporation of municipality.--

17         (1)  There is created, effective November 6, 2003, in

18  Lee County, a new municipality to be known as the Village of

19  Captiva.

20         (2)  The corporate boundaries of the Village of

21  Captiva, hereinafter referred to as "the Village," shall be as

22  described in section 9.

23         (3)  The Village of Captiva shall operate under a

24  council-manager form of government. The general duties of the

25  village council, as described in section 5, shall be to set

26  policy. The general duties of the village manager, as

27  described in section 6, shall be to carry out those policies.

28         Section 4.  Municipal powers.--The Village shall be a

29  body corporate and politic and shall have all the powers of a

30  municipality under the State Constitution and the laws of

31  Florida, as fully and completely as though such powers were

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  1  specifically enumerated in this charter, unless otherwise

  2  prohibited by or contrary to the provisions of this charter.

  3  The Village shall have all governmental, corporate, and

  4  proprietary powers necessary to enable it to conduct municipal

  5  government, perform municipal functions, and render municipal

  6  services, and may exercise any power for municipal purposes

  7  unless expressly prohibited by the Florida Constitution or by

  8  law. The powers of the Village shall be liberally construed in

  9  favor of the Village.

10         Section 5.  Village council.--

11         (1)  VILLAGE COUNCIL; COMPOSITION; QUALIFICATIONS FOR

12  OFFICE.--

13         (a)  Composition.--There shall be a village council

14  consisting of five members who shall be electors of the

15  Village elected at large, to seats numbered 1, 2, 3, 4, and 5.

16         (b)  Qualifications for office.--

17         1.  Each candidate for office shall be a qualified

18  elector, as defined in general law, of the Village.

19         2.  Each individual seeking to qualify as a candidate

20  for one of the seats on the council, at the time of

21  qualification, shall:

22         a.  Reside within the boundaries of the Village;

23         b.  Submit a petition supporting his or her candidacy

24  to the village clerk containing the signatures of at least 1

25  percent of the electorate residing within the Village, as

26  identified in the most recent decennial census, from which he

27  or she seeks to run, or shall pay to the village clerk a

28  qualifying fee of $60; and

29         c.  Designate by seat number not more than one seat for

30  which he or she seeks to run.

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  1         3.  Additionally, for the initial election following

  2  the referendum approving the creation of the Village,

  3  candidates for office shall qualify as provided in subsection

  4  (3) of section 13.

  5         (2)  TERMS OF OFFICE.--

  6         (a)  The term of office for each member shall be 4

  7  years. However, in order to provide for staggering of terms,

  8  the initial term of office for Seats 1, 3, and 5 shall be 4

  9  years and that of Seats 2 and 4 shall be 2 years.

10         (b)  Each council member shall remain in office until

11  his or her successor is elected and assumes the duties of the

12  position at the first regular meeting after the regular

13  election which shall be held in accordance with village

14  ordinance.

15         (3)  POWERS AND DUTIES OF COUNCIL.--Except as otherwise

16  prescribed herein or as provided by law, legislative and

17  police powers of the Village shall be vested in the council.

18  The council shall provide for the exercise of its powers and

19  for the performance of all duties and obligations imposed on

20  the Village by law.

21         (4)  POWERS AND DUTIES OF THE MAYOR, VICE MAYOR, AND

22  MAYOR PRO TEM.--

23         (a)  Mayor and vice mayor.--The council shall elect

24  from its members a mayor and a vice mayor. The election shall

25  be held at the first regular meeting of the council after the

26  regular village election in election years and at the first

27  regular meeting in December in nonelection years. The date of

28  the election in nonelection years may be amended by council by

29  ordinance to coincide with changes in dates for regular

30  elections.

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  1         (b)  Powers.--The mayor and the vice mayor shall have

  2  the same powers and duties as any other council member. In

  3  addition to the regular powers invested in any other council

  4  member, the mayor and, in the absence of the mayor, the vice

  5  mayor shall be recognized by the Governor for purposes of

  6  military law; shall have the power to declare an emergency

  7  situation; shall have the power for service of process, and

  8  execution of contracts, deeds, and other documents; and shall

  9  have the power to represent the Village in all agreements with

10  other governmental entities or certifications to other

11  governmental entities that the council has approved.

12         (c)  Duties.--In addition to his or her regular duties,

13  the mayor and, in the absence of the mayor, the vice mayor

14  shall preside at meetings of the council and be recognized as

15  the head of village government for all ceremonial occasions.

16  The mayor or vice mayor shall have no administrative duties

17  other than those necessary to accomplish these actions, or

18  such other actions as may be authorized by the council,

19  consistent with general or special law.

20         (d)  Mayor pro tem.--In the absence of the mayor and

21  vice mayor, the remaining council members shall select a

22  council member to serve as mayor pro tem. The mayor pro tem

23  shall have the same powers and duties as the mayor for the

24  period of the absence.

25         (5)  COMPENSATION AND EXPENSES.--

26         (a)  Compensation.--The council members, including the

27  mayor, shall not receive compensation for their services.

28         (b)  Expenses.--The council may provide for

29  reimbursement of actual and necessary expenses incurred by its

30  members while performing their official duties.

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  1         (6) VACANCIES; FORFEITURE OF OFFICE; SUSPENSION;

  2  RECALL; FILLING OF VACANCIES.--

  3         (a)  Vacancies.--A vacancy in the office of any council

  4  member shall occur upon the death of the incumbent, removal

  5  from office as authorized by law, resignation, appointment to

  6  other public office which creates dual office holding,

  7  judicially determined incompetence, or forfeiture of office as

  8  described in paragraph (b).

  9         (b)  Forfeiture of office.--The council member shall

10  forfeit the office upon determination by the council, acting

11  as a body, that he or she:

12         1.  Lacks at any time, or fails to maintain during the

13  term of office, any qualification for the office prescribed by

14  this charter or as otherwise required by law;

15         2.  Has been convicted of a felony, or enters a plea of

16  guilty or nolo contendere to a crime punishable as a felony,

17  even if adjudication of guilt has been withheld;

18         3.  Has been convicted of a first degree misdemeanor

19  arising directly out of his or her official conduct or duties,

20  or enters a plea of guilty or nolo contendere thereto, even if

21  adjudication of guilt has been withheld;

22         4.  Is found to have violated any standard of conduct

23  or code of ethics established by law for public officials and

24  has been suspended from office by the Governor, unless

25  subsequently reinstated as provided by law; or

26         5.  Is absent from three consecutive regular council

27  meetings without being excused by the council.

28         (c)  Suspension from office.--The council member may be

29  suspended from office by the council, acting as a body, upon

30  return of an indictment or issuance of information charging

31  the council member with any crime which is punishable as a

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  1  felony or with any crime arising out of his or her official

  2  conduct or duties which is punishable as a misdemeanor.

  3         1.  During the period of suspension, the council member

  4  shall not perform any official act, duty, or function, or

  5  receive any allowance, emolument, or privilege of office.

  6         2.  If the council member is subsequently found not

  7  guilty of the charge, or if the charge is otherwise dismissed

  8  or altered so that suspension would no longer be required as

  9  provided herein, the suspension shall be lifted by the council

10  and the council member shall be entitled to receive full back

11  allowances and such other emoluments as he or she would have

12  been entitled to had the suspension not occurred.

13         (d)  Recall.--The electors, following the procedures

14  for recall established by general law or ordinance, may remove

15  any member of the council from office.

16         (e)  Filling of vacancies.--

17         1.  If a vacancy occurs in the office of mayor, the

18  vice mayor shall assume the position of mayor.

19         2.  If a vacancy occurs in the office of any council

20  member within the first 2 years of a term, the office shall be

21  filled by appointment within 30 days following the occurrence

22  of such vacancy by majority vote of the remaining council

23  members. Such appointment shall last until the next regularly

24  scheduled election, at which time the seat shall be declared

25  open and an election held for the remaining 2 years of the

26  original term, thus continuing the original staggering of

27  district seats.

28         3.  If a vacancy occurs in the office of any council

29  member within the last 2 years of a term, the office shall be

30  filled by appointment within 30 days following the occurrence

31  of such vacancy by majority vote of the remaining council

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  1  members. Such appointments shall last until the next regularly

  2  scheduled election, at which time the seat shall be declared

  3  open and an election held for the regular 4-year term.

  4         4.  If a vacancy occurs as a result of a recall

  5  petition, such vacancy shall be filled by special election as

  6  outlined in subparagraph 2. for the remainder of the term.

  7         5.  Any person appointed to fill a vacant seat on the

  8  council is required to meet all the qualifications for office

  9  except the petition requirement.

10         6.  During the initial term of the council after

11  incorporation if, for any reason other than recall, a vacancy

12  occurs in the office of seats numbered 2 or 4, the office

13  shall be filled by appointment within 30 days following the

14  occurrence of such vacancy by majority vote of the remaining

15  council members. Such appointment shall last until the next

16  regularly scheduled election, at which time the seat shall be

17  declared open and an election held for the remainder of the

18  term, thus continuing the original staggering of district

19  seats.

20         (7)  COUNCIL MEETINGS; ORGANIZATIONAL MEETING; QUORUM;

21  SPECIAL MEETINGS.--The council shall meet regularly at least

22  once a month at such times and places as the council may

23  prescribe by ordinance, except that it may, by ordinance,

24  provide for no regular meetings in any or all of the following

25  months: June, July, and August. Such meetings shall be public

26  meetings and shall be subject to notice and other requirements

27  of law applicable to public meetings.

28         (a)  Organizational meeting.--The first meeting

29  following a general village election at which elected or

30  reelected council members are inducted into office shall be

31  held in accordance with village ordinances.

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  1         (b)  Quorum.--A majority of the council shall

  2  constitute a quorum. No action of the council shall be valid

  3  unless adopted by an affirmative vote of the majority of the

  4  council members in attendance, unless otherwise provided by

  5  law or ordinance or as stated in this charter. All actions of

  6  the council shall be by ordinance, resolution, or motion.

  7         (c)  Special meetings.--Special meetings may be held at

  8  the call of the mayor or, in the absence of the mayor, at the

  9  call of the vice mayor. Special meetings may also be called

10  upon the request of a majority of the council members. The

11  clerk shall provide not less than 24 hours' prior notice of

12  the meeting to the public, unless a declared emergency

13  situation exists.

14         (8)  RECORDS.--The council shall, in a properly indexed

15  book kept for the purpose, provide for the authentication and

16  recording in full of all minutes of meetings, and all

17  ordinances and resolutions adopted by the council, and the

18  same shall at all times be a public record. In addition, the

19  council shall keep verbatim recordings of all meetings in

20  accordance with state law. The council shall further maintain

21  a current codification of all ordinances. Such codification

22  shall be printed and made available to the public on a

23  continuing basis.

24         (9)  LIMIT OF EMPLOYMENT OF COUNCIL MEMBERS.--Council

25  members shall not be in the employment of the Village while in

26  office, nor shall any former council member be employed by the

27  Village until after the expiration of 1 year from the time of

28  leaving office.

29         (10)  NONINTERFERENCE BY COUNCIL.--Except for the

30  purpose of inquiry and information, the council and its

31  members, including committees thereof, are expressly

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  1  prohibited from interfering directly or indirectly with the

  2  supervisory powers of the village manager or village attorney.

  3         Section 6.  Charter officers.--The designated charter

  4  officers shall be the village manager and the village

  5  attorney.

  6         (1)  DESIGNATED CHARTER OFFICERS; APPOINTMENT; REMOVAL;

  7  COMPENSATION; FILLING OF VACANCIES; CANDIDATE FOR OFFICE.--

  8         (a)  Appointment.--The charter officers shall be

  9  appointed by a majority vote of the council and shall serve at

10  the pleasure of the council.

11         (b)  Removal.--The charter officers shall be removed

12  from office only by a majority vote of the membership of the

13  council. If the vote is less than unanimous the charter

14  officer may, within 7 days after the dismissal motion by the

15  council, submit to the mayor a written request for

16  reconsideration. Any action taken by the council at the

17  reconsideration hearing shall be final.

18         (c)  Compensation.--The compensation of the charter

19  officers shall be fixed by the council.

20         (d)  Filling of vacancy.--The council shall begin the

21  process to fill a vacancy in the charter office of the village

22  manager or village attorney within 90 days after the vacancy

23  occurs. An acting village manager or acting village attorney

24  may be appointed by the council during a vacancy in office.

25         (e)  Candidate for village office.--No charter officer

26  shall be a candidate for any elected office while holding a

27  charter office position.

28         (2)  VILLAGE MANAGER; QUALIFICATIONS; POWERS AND

29  DUTIES.--The village manager shall be the chief administrative

30  officer of the Village. The village manager may be retained

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  1  full time or part time, either as an employee or as an

  2  independent contractor, as determined by the council.

  3         (a)  Qualifications.--The village manager shall be

  4  selected on the basis of experience, expertise, and management

  5  ability as it pertains to running municipal government.

  6         (b)  Powers and duties.--The village manager shall:

  7         1.  Attend all meetings of the village council, unless

  8  excused by the council.

  9         2.  Draw and sign vouchers upon depositories and keep,

10  or cause to be kept, a true and accurate account of same. Such

11  vouchers shall be countersigned by the mayor or by the vice

12  mayor in the event the office of mayor is vacant. If both the

13  mayor and vice mayor offices are vacant, the mayor pro tem

14  shall countersign such vouchers.

15         3.  Be responsible for signature and issuance of all

16  licenses issued by the Village, issuance of receipts for all

17  moneys paid to the Village, and deposit of said moneys in the

18  proper depositories on the first banking day after receipt.

19         4.  Provide administrative services as required by the

20  council.

21         5.  Act as village clerk or, with council approval,

22  designate another person to act as village clerk.

23         6.  Appoint and suspend or remove any employee of the

24  Village, except those employed by a charter officer, who is

25  subject to his or her direction and supervision to exercise

26  these powers with respect to subordinates in that officer's

27  department, office, or agency within the guidelines of stated

28  personnel policies and procedures.

29         7.  Direct and supervise the administration of all

30  departments, offices, and agencies of the Village, except as

31  otherwise provided by this charter or by law.

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  1         8.  See that all laws, provisions of this charter, and

  2  acts of the council are faithfully executed.

  3         9.  Prepare and submit annually a balanced budget,

  4  budget message, and capital program to the council.

  5         10.  Keep the council fully advised as to the financial

  6  condition and future needs of the Village and make

  7  recommendations to the council concerning the affairs of the

  8  Village.

  9         11.  Submit to the council, and make available to the

10  public, a complete report on finances and administrative

11  activities of the Village as of the end of each fiscal year.

12         12.  Sign contracts on behalf of the Village, if

13  delegated by the council.

14         13.  Perform such other duties as are specified in this

15  charter or as may be directed by the council.

16         (3)  VILLAGE ATTORNEY; QUALIFICATIONS; POWERS AND

17  DUTIES.--The village attorney shall be the chief legal officer

18  of the Village. The village attorney may be retained full time

19  or part time, either as an employee or as an independent

20  contractor, as determined by the council.

21         (a)  Qualifications.--The village attorney shall be a

22  member in good standing of The Florida Bar.

23         (b)  Powers and duties.--The village attorney:

24         1.  Shall serve as chief legal advisor to the council,

25  the village manager, and all departments, offices, advisory

26  boards, and agencies.

27         2.  Shall attend all council meetings, unless excused

28  by the council, or unless a designee is approved by the

29  council, and shall perform such professional duties as may be

30  required by law or by the council in furtherance of the law.

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  1         3.  Shall prepare an annual budget for the operation of

  2  the office of the village attorney and shall submit this

  3  budget to the village manager for inclusion in the annual

  4  budget, in accordance with uniform procedures.

  5         4.  Shall prepare or review, and approve as to form,

  6  ordinances, resolutions, and contracts.

  7         Section 7.  Budget and appropriations.--

  8         (1)  FISCAL YEAR.--The Village's fiscal year shall

  9  begin on October 1 of each year and end on September 30 of the

10  succeeding year.

11         (2)  BUDGET ADOPTION.--The council shall, by

12  resolution, adopt a millage rate and budget on or before the

13  30th day of September of each year. A resolution adopting the

14  annual budget shall constitute appropriation of the amounts

15  specified therein as expenditures from funds indicated.

16         (3)  APPROPRIATION AMENDMENTS DURING THE FISCAL YEAR;

17  SUPPLEMENTAL APPROPRIATIONS; REDUCTION OF APPROPRIATIONS;

18  TRANSFER OF APPROPRIATIONS; LIMITATIONS; EFFECTIVE DATE.--

19         (a)  Supplemental appropriations.--If, during the

20  fiscal year, revenues in excess of those estimated in the

21  budget are available for appropriation, the council may, by

22  resolution, make supplemental appropriations for the year in

23  an amount not to exceed such excess.

24         (b)  Reduction of appropriations.--Consistent with

25  general law if, at any time during the fiscal year, it appears

26  probable to the village manager that the revenues available

27  will be insufficient to meet the amount appropriated, he or

28  she shall so report to the council without delay, indicating

29  the estimated amount of the deficit, any remedial action to be

30  taken, and recommendations as to any other steps that should

31  be taken. The council shall then take such further action as

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  1  it deems necessary to prevent any deficit and, for that

  2  purpose, the council may by resolution reduce one or more

  3  appropriations accordingly.

  4         (c)  Transfer of appropriations.--Consistent with

  5  general law, at any time during the fiscal year, the village

  6  manager may transfer all or part of any unencumbered

  7  appropriation balance within a department, office, or agency

  8  of the Village to other programs within the same department,

  9  office, or agency. Further, upon written request of the

10  village manager, the council may transfer part or all of any

11  unencumbered appropriation balance from one department,

12  office, or agency to another.

13         (d)  Limitations; effective date.--No appropriation for

14  debt service may be reduced or transferred, no appropriation

15  may be reduced below any amount required by law to be

16  appropriated, and no appropriation may be reduced by more than

17  the amount of the unencumbered balance thereof. The transfer

18  of appropriations authorized by this section may be made

19  effective immediately upon adoption.

20         Section 8.  Elections.--

21         (1)  ELECTORS.--Any person who is a resident of the

22  Village, who has qualified as an elector of this state, and

23  who registers in the manner prescribed by law shall be an

24  elector of the Village.

25         (2)  NONPARTISAN ELECTIONS.--All elections for village

26  elective office shall be conducted on a nonpartisan basis

27  without any designation of political party affiliation.

28         (3)  QUALIFYING FOR OFFICE.--Any person who wishes to

29  become a candidate for a village elective office shall qualify

30  with the clerk no sooner than 45 calendar days nor later than

31  35 calendar days prior to the second Tuesday in September of

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  1  each even-numbered year. In addition, candidates shall qualify

  2  as provided in paragraph (1)(b) of section 5.

  3         (4)  SCHEDULE FOR REGULAR ELECTIONS.--

  4         (a)  The regular village election shall be the first

  5  Tuesday after the first Monday in November of each

  6  even-numbered year. Such village elections shall be general

  7  village elections. These dates as well as qualification dates

  8  may be amended by council by ordinance to correspond to

  9  municipal qualification and election dates that may be

10  established by law or as a result of agreement with the

11  supervisor of elections. In such event, terms shall be

12  extended to correspond to the new election dates.

13         (b)  An election to fill a vacant council seat shall be

14  held as outlined in paragraph (6)(e) of section 5.

15         (5)  SCHEDULE FOR SPECIAL ELECTIONS.--Special municipal

16  elections shall be held in the same manner as regular

17  elections and the council shall by resolution or, if required,

18  by ordinance fix the time for holding such elections.

19         (6)  DETERMINATION OF ELECTION TO OFFICE.--

20         (a)  If only one candidate qualifies for an office;

21  i.e., a council seat, that candidate shall be deemed to be

22  elected and shall not be placed on either the general or the

23  primary ballot.

24         (b)  If two or more candidates qualify for an office,

25  the names of those candidates shall be placed on the ballot at

26  the general village election. The candidate receiving the

27  majority of the votes cast shall be deemed to be elected.

28         (c)  The candidate receiving the highest number of

29  votes cast for the office in the general village election

30  shall be elected to such office. If the vote at the general

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  1  village election results in a tie, the outcome shall be

  2  determined as follows:

  3         1.  At the first regularly scheduled council meeting

  4  after the election, the Supervisor of Elections of Lee County

  5  shall toss a coin. In alphabetical order, the two candidates

  6  shall call the coin.

  7         2.  The candidate whose call matches the coin toss

  8  shall be declared the winner.

  9         (7)  VILLAGE CANVASSING BOARD.--For purposes of

10  certifying absentee ballots and election results, the council

11  shall be known as the canvassing board. At the close of the

12  polls of any village election, the canvassing board shall

13  ensure that the absentee ballots are delivered to the Lee

14  County Supervisor of Elections, and shall meet at the county

15  election headquarters and proceed to certify the ballots and

16  open them in the presence of a representative of the

17  supervisor of elections' office. In addition, after final

18  election results are certified by the Lee County Supervisor of

19  Elections, the canvassing board shall immediately report the

20  results back to a meeting of the council held for the purpose

21  of final certification and filing with the clerk as required

22  by law.

23         Section 9.  Land description.--The initial corporate

24  boundaries shall be as hereinafter described. At any time

25  after incorporation, boundaries may be changed in accordance

26  with general laws regarding annexation without amendments to

27  the charter. A corporate limits line lying offshore from

28  Captiva Island in Portions of Townships 45 & 46 South, Range

29  21 East, Lee County, Florida, which line is described as

30  follows:

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  1         From a point designated "A" on the centerline

  2         of Blind Pass and 2,640 feet offshore from the

  3         mean high tide line of Sanibel Island and lying

  4         in the Gulf of Mexico, said point having an

  5         approximate position of Latitude 26° 28' 26"

  6         North and Longitude 082° 11' 13" West and being

  7         referenced in the Corporate Limits description

  8         of the City of Sanibel in Article II, Section

  9         2.01, of the Sanibel Charter, run northeasterly

10         along said centerline for 2,280 feet, more or

11         less to a point designated "B" lying in said

12         Gulf and 500 feet offshore from the mean high

13         tide line of said Captiva Island having an

14         approximate position of Latitude 26° 28' 47"

15         North and Longitude 082° 11' 03" West and the

16         Point of Beginning. From said Point of

17         Beginning run northwesterly, northerly and

18         northwesterly along a line in said Gulf and

19         being 500 feet offshore from the mean high tide

20         line of said Captiva Island for 5.3 miles, more

21         or less to a point designated "C" at an

22         intersection with the centerline of Redfish

23         Pass, said point having an approximate position

24         of Latitude 26° 33' 15" North and Longitude

25         082° 12' 20" West; thence run easterly along

26         said centerline for 0.5 miles, more or less to

27         a point designated "D" at an intersection with

28         a line in Pine Island Sound that is 500 feet

29         offshore from the mean high tide line of said

30         Captiva Island, said point having an

31         approximate position of Latitude 26° 33' 15"

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  1         North and Longitude 082° 11' 49" West; thence

  2         run southeasterly along said line, being

  3         offshore from said mean high water and shoals

  4         lying offshore and easterly of said Captiva

  5         Island for 2 miles, more or less to a point

  6         designated "E" having an approximate position

  7         of Latitude 26° 31' 50" North and Longitude

  8         082° 10' 45" West; thence run southwesterly for

  9         1.5 miles, more or less to a point designated

10         "F" on the centerline of Roosevelt Channel,

11         said point having an approximate position of

12         Latitude 26° 30' 38" North and Longitude 082°

13         11' 16" West; thence run southeasterly,

14         southwesterly and southeasterly for 1.8 miles,

15         more or less to a point designated "G" at an

16         intersection with the centerline of said Blind

17         Pass, said point having an approximate position

18         of Latitude 26° 29' 12" North and Longitude

19         082° 10' 51" West; thence run southwesterly for

20         0.5 miles, more or less to the Point of

21         Beginning.

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23         Section 10.  No effect on special districts.--Nothing

24  in this charter shall affect the status of special districts

25  existing on the effective date of this act within the

26  territory encompassed by the Village.

27         Section 11.  General provisions.--

28         (1)  CHARTER AMENDMENT.--This charter may be amended in

29  accordance with the provisions of the Municipal Home Rule

30  Powers Act, chapter 166, Florida Statutes, as the same may be

31  amended from time to time, or as may otherwise be provided by

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  1  general law. The form, content, and certification of any

  2  petition to amend shall be established by ordinance.

  3         (2)  CHARTER REVIEW; SCHEDULE; CHARTER REVIEW

  4  COMMITTEE.--

  5         (a)  Schedule.--The charter shall be subject to a

  6  mandatory review no sooner than 5 years or later than 10 years

  7  after the creation of the Village of Captiva and thereafter it

  8  shall be reviewed at least every 10 years.

  9         (b)  Charter review committee.--The council shall

10  appoint a charter review committee. Each council member shall

11  appoint one member. The council shall fund this committee. The

12  charter review committee shall be appointed at least 1 year

13  before the next scheduled general election and complete its

14  work and present any recommendations for change no later than

15  60 days before the general election. The council shall hold a

16  minimum of one public hearing on the proposed changes to the

17  charter prior to placing the proposed changes on the scheduled

18  general election ballot.

19         (3)  INITIATIVE AND REFERENDUM.--Except as prohibited

20  by general law, at least 10 percent of the qualified

21  electorate of the Village shall have the power to petition the

22  council to propose an ordinance or to require reconsideration

23  of an adopted ordinance, or to propose an amendment to this

24  charter. If the council fails to adopt such ordinance or

25  amendment so proposed or to repeal such adopted ordinance,

26  without any change in substance, then the council shall place

27  the proposed ordinance or amendment, or the repeal of the

28  adopted ordinance, on the ballot no later than the next

29  general election, or 1 year after certification by the council

30  of the petition, whichever occurs first. A referendum petition

31  shall be filed within 30 days after adoption by the council.

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  1         (4)  STANDARDS OF CONDUCT.--All elected officials and

  2  employees of the Village shall be subject to the standards of

  3  conduct for public officers and employees set by general law.

  4  In addition, the council may, by ordinance, establish a code

  5  of ethics for officials and employees of the Village, which

  6  may be supplemental to general law, but in no case may such an

  7  ordinance diminish the provisions of general law.

  8         Section 12.  Severability.--If any provision of this

  9  act, or the application thereof to any person or circumstance,

10  is held invalid, the invalidity shall not affect other

11  provisions or applications of this act which can be given

12  effect without the invalid provision or application, and to

13  this end the provisions of this act are declared severable.

14         Section 13.  Transition schedule.--

15         (1)  REFERENDUM.--The referendum election called for by

16  this act shall be held on November 4, 2003, at which time the

17  following question shall be placed upon the ballot:

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19   SHALL CHAPTER 02...., LAWS OF FLORIDA, CREATING THE VILLAGE

20   OF CAPTIVA AND PROVIDING ITS HOME RULE CHARTER BE APPROVED?

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22  In the event this question is answered affirmatively by a

23  majority of voters voting in the referendum, the provisions of

24  this charter shall take effect as provided herein.

25         (2)  CREATION AND ESTABLISHMENT OF THE VILLAGE OF

26  CAPTIVA.--For the purpose of compliance with Florida Statutes

27  relating to assessment and collection of ad valorem taxes, and

28  for the purpose of subsection (2) of section 11, the Village

29  of Captiva is hereby created and established effective

30  November 6, 2003.

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  1         (3)  INITIAL ELECTION OF COUNCIL MEMBERS; DATES;

  2  QUALIFYING PERIOD; CERTIFICATION OF ELECTION RESULTS;

  3  INDUCTION INTO OFFICE.--

  4         (a)  Dates.--Following the adoption of this charter in

  5  accordance with subsection (1), the Lee County Commission

  6  shall call a special election for the election of the council

  7  members to be held on Tuesday, December 9, 2003.

  8         (b)  Qualifying period.--Between 12 noon on Tuesday,

  9  November 11, 2003, and 12 noon on Friday, November 14, 2003,

10  any individual who wishes to run for one of the seats on the

11  council shall qualify as a candidate with the Lee County

12  Supervisor of Elections in accordance with the provisions of

13  general law and paragraph (1)(b) of section 5 of this charter.

14         (c)  Certification of election results.--For the

15  initial election, the Lee County Board of County Commissioners

16  shall appoint a canvassing board which shall certify the

17  results of the election. The candidate who receives the most

18  votes for the office; i.e., the council seat, for which the

19  candidate has qualified shall be declared the winner and shall

20  be deemed elected to that office.

21         (d)  Induction into office.--Those candidates who are

22  elected on December 9, 2003, shall take office at the initial

23  village council meeting.

24         (e)  Initial council meeting.--The initial village

25  council meeting shall be held at 9 A.M. on Tuesday, December

26  16, 2003, at the Captiva Civic Association, 11550 Chapin Lane,

27  Captiva Island, Florida 33924; or at another place within the

28  Village designated by the Lee County Board of County

29  Commissioners. The Chair of the Board of County Commissioners,

30  or designee, shall preside for the purpose of calling the

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  1  meeting to order and electing a mayor, after which the mayor

  2  shall preside.

  3         (4)  TRANSITION SERVICES AND COMPENSATION.--

  4         (a)  It is the intent of this section that Lee County

  5  shall provide and be compensated for the provision of services

  6  to the Village of Captiva as budgeted for in the fiscal year

  7  2003-2004 Lee County Budget during the 60-day transition

  8  period set forth in subsection (6), or until such earlier time

  9  as the Village shall make other arrangements for the services.

10  The level of services to be provided will be consistent with

11  the level upon which the fiscal year 2003-2004 expense budget

12  was predicated and in accordance with adopted revenues.

13         (b)  It is the responsibility of the Village to adopt

14  appropriate ordinances, resolutions, or agreements as required

15  to ensure the continued collection of budgeted revenues with

16  which to fund services beginning December 16, 2003. Any

17  revenues adopted or received by the Village upon which

18  delivery of services was not predicated within the Lee County

19  Commission's fiscal year 2003-2004 adopted budget shall accrue

20  to the Village.

21         (5)  FIRST-YEAR EXPENSES.--The council, in order to

22  provide additional moneys needed for the expenses and support

23  of the Village, shall have the power to borrow money necessary

24  for the operation of government until such time as a budget is

25  adopted and revenues are raised in accordance with the

26  provisions of this charter. The county shall, by January 14,

27  2004, provide the Village with the share of the unincorporated

28  Municipal Services Taxing Unit taxes and All-Hazard Municipal

29  Taxing Unit taxes allocable to the Village for the then

30  current year prorated from the effective date of

31  incorporation.

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  1         (6)  TRANSITIONAL ORDINANCES AND RESOLUTIONS.--The

  2  council shall adopt ordinances and resolutions required to

  3  effect the transition. Ordinances adopted within 60 days after

  4  the first council meeting may be passed as emergency

  5  ordinances. These transitional ordinances shall be effective

  6  for no longer than 90 days after adoption, and thereafter may

  7  be readopted, renewed, or otherwise continued only in the

  8  manner normally prescribed for ordinances.

  9         (7)  TRANSITIONAL COMPREHENSIVE PLAN AND LAND

10  DEVELOPMENT REGULATION.--Until such time as the Village shall

11  adopt or amend a comprehensive plan or land development

12  regulation, the applicable provisions of the comprehensive

13  plan of Lee County, Florida (Lee Plan) and the Lee County Land

14  Development Code, as the same exist on the day the Village

15  commences corporate existence, shall remain in effect as the

16  Village transitional comprehensive plan and land development

17  regulation. However, all planning functions, duties, and

18  authority shall thereafter be vested in the council, which

19  shall be deemed the local planning agency until the council

20  establishes a separate local planning agency. All powers and

21  duties of the Lee County Board of County Commissioners, any

22  boards of adjustment and appeals or other applicable boards or

23  commissions, and the Office of the Lee County Hearing

24  Examiner, as set forth in these transitional zoning and land

25  development regulations, shall be vested in the council of the

26  Village until such time as the council delegates all or a

27  portion thereof to another entity. Subsequent to the

28  commencement of the Village's corporate existence, no

29  amendment of the comprehensive plan or land development

30  regulations enacted by the Lee County Commission shall be

31  deemed an amendment of the Village's transitional

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  1  comprehensive plan or land development regulations or shall

  2  otherwise take effect within the Village's corporate limits

  3  unless approved by the council, and all pending applications

  4  for permits shall be subject to review and approval by the

  5  council.

  6         Section 14.  This act shall take effect as provided in

  7  this act only upon its approval by a majority vote of those

  8  qualified electors residing within the proposed corporate

  9  limits of the proposed Village of Captiva, as described in

10  section 9, voting in a referendum election to be called by the

11  Lee County Commission and to be held in accordance with

12  subsection (1) of section 13, and the provisions of general

13  law relating to elections currently in force, except this

14  section shall take effect upon becoming a law.

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