| 1 | A bill to be entitled |
| 2 | An act relating to the Town of Casey Key, Sarasota County; |
| 3 | creating the town; providing a charter; providing |
| 4 | legislative intent; providing for a council-manager form |
| 5 | of government; providing municipal powers; providing for |
| 6 | vested uses; providing boundaries; providing for a town |
| 7 | council and its composition and qualifications; providing |
| 8 | terms of office, powers, and duties of council members; |
| 9 | providing for a mayor and vice mayor and their powers and |
| 10 | duties; providing for compensation and expenses of the |
| 11 | council; providing for vacancies, forfeiture of office, |
| 12 | and filling of vacancies; providing for council meetings; |
| 13 | providing for a town manager, town clerk, and town |
| 14 | attorney and their qualifications, powers, and duties; |
| 15 | providing for budget and appropriations; providing for |
| 16 | elections; providing for elections to be held at large |
| 17 | until the council creates voting districts; providing for |
| 18 | municipal services; providing for charter amendment and |
| 19 | review; providing for standards of conduct; providing |
| 20 | severability; providing a transition schedule, including |
| 21 | initial elections; providing for state-shared revenue; |
| 22 | requiring a referendum; providing an effective date. |
| 23 |
|
| 24 | Be It Enacted by the Legislature of the State of Florida: |
| 25 |
|
| 26 | Section 1. Charter; creation.--This act shall be known and |
| 27 | may be cited as the "Town of Casey Key Charter" ("charter"), and |
| 28 | the Town of Casey Key ("town") is hereby created and |
| 29 | established. |
| 30 | Section 2. Legislative intent.--The Legislature finds and |
| 31 | declares that: |
| 32 | (1) The Casey Key area of Sarasota County includes a |
| 33 | compact and contiguous urban community amenable to separate |
| 34 | municipal government. |
| 35 | (2) The unique geographical features associated with Casey |
| 36 | Key create a situation in which it is in the public interest to |
| 37 | establish a municipal government for the purpose of managing the |
| 38 | public affairs of the citizens of Casey Key. |
| 39 | (3) It is in the best interests of the public health, |
| 40 | safety, and welfare of the citizens of this community to form a |
| 41 | separate municipality for the Casey Key area with all powers and |
| 42 | authority necessary to provide efficient and adequate municipal |
| 43 | services to its residents. This power and authority includes, |
| 44 | but is not limited to, the reasonable exercise of its police |
| 45 | power to enhance public health, safety, and welfare, and to |
| 46 | regulate traffic in and on the streets and highways within the |
| 47 | jurisdiction of the town. |
| 48 | Section 3. Powers.-- |
| 49 | (1) GOVERNMENT.--The town shall have a council-manager |
| 50 | form of government. |
| 51 | (2) MUNICIPAL POWERS.--The town shall be a body corporate |
| 52 | and politic and shall have all the powers of a municipality |
| 53 | under the State Constitution and laws of the state, as fully and |
| 54 | completely as though such powers were specifically enumerated in |
| 55 | this charter, unless otherwise prohibited by or contrary to the |
| 56 | provisions of this charter. The town shall have all |
| 57 | governmental, corporate, and proprietary powers necessary to |
| 58 | enable it to conduct municipal government, perform municipal |
| 59 | functions, and render municipal services and may exercise any |
| 60 | power for municipal purposes unless expressly prohibited by law. |
| 61 | Beach access may not be impeded by any local rule or government. |
| 62 | All citizens are entitled to free access to the natural |
| 63 | resources of the town. Therefore, this charter does not allow |
| 64 | for toll booths or gates that block access to the beach by |
| 65 | citizens who do not live on Casey Key. |
| 66 | (3) VESTED USES.--This charter recognizes the vesting |
| 67 | associated with the ongoing public use of the Nokomis Public |
| 68 | Beach, South Jetty Park, and Blackburn Point Park within the |
| 69 | boundaries thereof existing as of the effective date of this |
| 70 | charter, and the public right of access thereto. This charter |
| 71 | also recognizes as vested commercial uses those motels existing |
| 72 | as of the effective date of this charter and lying within the |
| 73 | commercial motel district, beginning at 105 Casey Key Road and |
| 74 | ending inclusive of 433 Casey Key Road, and at 3905 Casey Key |
| 75 | Road, and the Casey Key Fish House. Nothing in this recognition |
| 76 | shall prevent the reasonable and legal regulation of such vested |
| 77 | areas and business establishments by the Town of Casey Key in |
| 78 | accordance with public policy and the laws and regulations of |
| 79 | the United States and the state. |
| 80 | (4) CONSTRUCTION.--The powers of the town shall be |
| 81 | construed liberally in favor of the town, limited only by the |
| 82 | State Constitution, general and special law, and specific |
| 83 | limitations in this charter. |
| 84 | Section 4. Corporate limits.--The following described area |
| 85 | shall constitute the corporate boundary of the Town of Casey |
| 86 | Key: |
| 87 | An area encompassing the Key known as Casey Key, |
| 88 | lying within Township 38 South, Range 18 East and |
| 89 | Township 39 South, Range 18 East, Sarasota County, |
| 90 | Florida and described as follows: |
| 91 | BEGIN at the break point in the center line of |
| 92 | the right-of-way of the West Coast Inland Navigation |
| 93 | District Intracoastal Waterway Canal as shown on the |
| 94 | Record Maps, dated August 15, 1969, as it turns |
| 95 | southeast from the south end of Blackburn Bay to enter |
| 96 | Roberts Bay, said point being easterly of the center |
| 97 | of the Venice Inlet; thence along said center line for |
| 98 | the following ten (10) calls; (1) thence |
| 99 | N.24°55'00"W., a distance of 2,865.68 feet; (2) thence |
| 100 | N.08°25'36"W., a distance of 2,158.61 feet; (3) thence |
| 101 | N.02°59'54"W., a distance of 3,157.42 feet; (4) thence |
| 102 | N.06°36'33"W., a distance of 1,968.40 feet; (5) thence |
| 103 | N.30°47'40"W., a distance of 8,147.28 feet; (6) thence |
| 104 | N.20°39'54"W., a distance of 3,436.03 feet; (7) thence |
| 105 | N.37°01'07"W., a distance of 3,471.73 feet; (8) thence |
| 106 | N.05°49'26"W., a distance of 2,100.00 feet; (9) thence |
| 107 | N.16°41'35"W., a distance of 7,718.83 feet; (10) |
| 108 | thence N.09°11'55"W., a distance of 710.18 feet to the |
| 109 | intersection with the center line of old Midnight |
| 110 | Pass; thence along said center line of Midnight Pass |
| 111 | for the following five (5) calls; (1) thence |
| 112 | N.81°26'52"W., a distance of 1,430.50 feet; (2) thence |
| 113 | N.58°02'12"W., a distance of 1,189.21 feet; (3) thence |
| 114 | N.67°30'27"W., a distance of 419.25 feet; (4) thence |
| 115 | N.41°02'14"W., a distance of 233.80 feet; (5) thence |
| 116 | S.59°45'29"W., a distance of 260 feet more or less to |
| 117 | the Mean High Water Line of the Gulf of Mexico; thence |
| 118 | southeasterly along said Mean High Water line, a |
| 119 | distance of 37,374 feet, more or less, to the north |
| 120 | side of the manmade structure known as the North |
| 121 | Jetty; thence S.75°35'14"W., along said north line of |
| 122 | the North Jetty structure, a distance of 352.73 feet; |
| 123 | thence S.14°29'13"E., a distance of 170 feet, more or |
| 124 | less to the center of the Venice Inlet (also known as |
| 125 | Caseys Pass); thence along said center line of the |
| 126 | Venice Inlet for the following two (2) calls; (1) |
| 127 | thence N.75°14'56"E., a distance of 810.15 feet; (2) |
| 128 | thence S.81°05'04"E., a distance of 678.31 feet; |
| 129 | thence N.32°44'32"E., a distance of 422 feet, more or |
| 130 | less to the southerly extension of the center line of |
| 131 | the above mentioned right-of-way of the West Coast |
| 132 | Inland Navigation District Intracoastal Waterway |
| 133 | Canal; thence N.24°55'00"W., along said southerly |
| 134 | extension, a distance of 253 feet to the POINT OF |
| 135 | BEGINNING. |
| 136 | Section 5. Town council.-- |
| 137 | (1) COMPOSITION; QUALIFICATIONS FOR OFFICE.-- |
| 138 | (a) Composition.--There shall be a five-member town |
| 139 | council, consisting of five council members each serving for a |
| 140 | 4-year term, one of whom is elected by the members of the |
| 141 | council to serve as the mayor for a 1-year term. All council |
| 142 | members are elected at large from within the boundaries of Casey |
| 143 | Key. For purposes of proper interpretation of this charter, |
| 144 | unless the context otherwise requires, the term "council member" |
| 145 | shall include the mayor. |
| 146 | (b) Qualifications for office.-- |
| 147 | 1. Each candidate for the office of town council shall be |
| 148 | a qualified elector of the town. |
| 149 | 2. Each candidate for the office of town council shall |
| 150 | have resided in the town for a minimum of 6 months immediately |
| 151 | prior to qualifying. |
| 152 | 3. At the time of qualification, each candidate for a seat |
| 153 | on the council shall reside within the boundaries of the Town of |
| 154 | Casey Key and shall remain a resident of the town for the length |
| 155 | of his or her term. |
| 156 | 4. For the initial election of council members and for |
| 157 | each election thereafter, each individual seeking to qualify as |
| 158 | a candidate for a seat on the council shall submit a petition or |
| 159 | application supporting his or her candidacy to the town manager |
| 160 | (or, for the initial election, to the Supervisor of Elections of |
| 161 | Sarasota County) containing the signatures of 1 percent of the |
| 162 | electors residing within the boundaries of the Town of Casey Key |
| 163 | at large or payment of the required fee according to the Florida |
| 164 | Election Code and declaring which seat he or she is endeavoring |
| 165 | to obtain. |
| 166 | (2) TERMS OF OFFICE.-- |
| 167 | (a) The term of office for each council member shall be 4 |
| 168 | years. In order to provide for the staggering of terms, the |
| 169 | initial terms of office for seats two and four shall be for 2 |
| 170 | years each. |
| 171 | (b) Each town council member shall remain in office until |
| 172 | his or her successor is elected and assumes the duties of the |
| 173 | position. |
| 174 | (3) POWERS AND DUTIES OF COUNCIL.-- |
| 175 | (a) The form of government of the Town of Casey Key shall |
| 176 | be the council form of government whereby the town council is |
| 177 | the head of the town government. |
| 178 | (b) Except as otherwise prescribed herein or provided by |
| 179 | law, all managerial, executive, legislative, and police powers |
| 180 | of the town shall be vested in the town council, including, but |
| 181 | not limited to, the following: |
| 182 | 1. Enacting ordinances, establishing public policy, and |
| 183 | providing general direction for staff actions. |
| 184 | 2. Reviewing and approving all policy and procedure |
| 185 | manuals. |
| 186 | 3. Hiring and terminating employees and evaluating in |
| 187 | writing the town manager's job performance at the end of an |
| 188 | initial 6-month probationary period and at least yearly |
| 189 | thereafter. |
| 190 | 4. Reviewing and approving all administrative |
| 191 | recommendations for staff promotions, demotions, position |
| 192 | classifications and reclassifications, and wage and salary |
| 193 | increases. |
| 194 | 5. Approving payment of bills and contracts at town |
| 195 | council meetings. |
| 196 | (c) The town council shall provide for the exercise of its |
| 197 | powers and for the performance of all duties and obligations |
| 198 | imposed on the town by ordinance, resolution, motion, policy |
| 199 | directive, or other appropriate action and may delegate such |
| 200 | powers as it deems advisable to the town administrator or the |
| 201 | town attorney. |
| 202 | (d) The town council shall adopt a purchasing policies and |
| 203 | procedures manual and a personnel policies and procedures |
| 204 | manual. |
| 205 | (e) Meetings of the town council shall take place on a |
| 206 | regular basis at a time and place established by the town |
| 207 | council. If the town council deems it appropriate, attendance of |
| 208 | individual council members via electronic means shall be |
| 209 | permitted in accordance with rules of procedure to be |
| 210 | established by the town council. |
| 211 | (4) MAYOR.-- |
| 212 | (a) Election.--There shall be a mayor elected annually by |
| 213 | the council from among the council members. Such election shall |
| 214 | take place at the first meeting after each regular town general |
| 215 | election. If a given calendar year does not have an election, |
| 216 | then the town council meeting closest to a 12-month term of |
| 217 | office for the incumbent mayor shall serve as the electoral |
| 218 | meeting for the purpose of electing a mayor for the next 12 |
| 219 | months. There shall be no restriction upon consecutive terms of |
| 220 | office for the mayor, subject only to the requirement that the |
| 221 | mayor must also be an elected town council member. |
| 222 | (b) Powers.--The mayor shall have the same legislative |
| 223 | powers and duties as any of the other council members, except as |
| 224 | herein provided. |
| 225 | (c) Duties.--The mayor shall preside at the meetings of |
| 226 | the council, shall be recognized as the head of town government |
| 227 | for ceremonial matters, and shall sign and execute ordinances, |
| 228 | contracts, deeds, bonds, and other instruments and documents. |
| 229 | The mayor shall have no administrative duties other than those |
| 230 | necessary to accomplish these actions, unless otherwise |
| 231 | authorized by the town council, consistent with general or |
| 232 | special law. |
| 233 | (5) VICE MAYOR.-- |
| 234 | (a) Appointment.--There shall be a vice mayor elected |
| 235 | annually by the council from among the council members. Such |
| 236 | election shall take place at the first meeting after each |
| 237 | regular town general election. |
| 238 | (b) Powers and duties.--The vice mayor shall have the same |
| 239 | legislative powers and duties as any other council member, |
| 240 | except that he or she shall serve as acting mayor during the |
| 241 | absence or disability of the mayor and, during such period, |
| 242 | shall have the same duties as provided for in paragraphs (4)(b) |
| 243 | and (c). In the absence of the mayor and vice mayor, the |
| 244 | remaining council members shall elect a council member to serve |
| 245 | as acting mayor. |
| 246 | (6) COMPENSATION AND EXPENSES.-- |
| 247 | (a) Compensation.--The annual salary of the mayor and |
| 248 | council members shall be $10 per year. Any salary increase |
| 249 | adopted by ordinance during any term will become effective 91 |
| 250 | days after the next term of office commences unless a later date |
| 251 | is established. |
| 252 | (b) Expenses.--The council may provide for reimbursement |
| 253 | of actual expenses incurred by council members while performing |
| 254 | their official duties. |
| 255 | (7) VACANCIES; FORFEITURE OF OFFICE; FILLING OF |
| 256 | VACANCIES.-- |
| 257 | (a) Vacancies.--A vacancy in the office of a council |
| 258 | member shall occur upon the death of the incumbent, removal from |
| 259 | office as authorized by law, resignation, appointment to other |
| 260 | public office which creates dual officeholding, judicially |
| 261 | determined incompetence, or forfeiture of office as herein |
| 262 | described. |
| 263 | (b) Forfeiture of office.--A council member shall forfeit |
| 264 | his or her office if he or she: |
| 265 | 1. Is determined by the unanimous vote of the other |
| 266 | members of the council, acting as a body, to lack at any time, |
| 267 | or fails to maintain during his or her term of office, any |
| 268 | qualification for the office as prescribed by this charter or |
| 269 | otherwise required by law; |
| 270 | 2. Is convicted of a felony or enters a plea of guilty or |
| 271 | nolo contendere to a crime punishable as a felony, even if |
| 272 | adjudication of guilt has been withheld; |
| 273 | 3. Is found by the other members of the council, acting as |
| 274 | a body, to have violated any standard of conduct or code of |
| 275 | ethics established by law for public officials and has been |
| 276 | suspended from office by the Governor, unless subsequently |
| 277 | reinstated as provided by law; |
| 278 | 4. Is absent from three consecutive regular council |
| 279 | meetings without being excused by the council; or |
| 280 | 5. Is removed from office by the electors of the town |
| 281 | following the recall procedures established by this charter. |
| 282 | (c) Filling of vacancies.-- |
| 283 | 1. If a vacancy occurs in the office of mayor, the vice |
| 284 | mayor shall serve as mayor until a new mayor is elected after |
| 285 | the next regularly scheduled town election and assumes the |
| 286 | duties of his or her office. The council shall fill the council |
| 287 | member's seat temporarily vacated by the vice mayor by |
| 288 | appointment as herein provided. |
| 289 | 2. If a vacancy occurs in the office of any council member |
| 290 | other than mayor and the remainder of the unexpired term is less |
| 291 | than 2 years, the remaining council members shall, within 30 |
| 292 | days after the occurrence of such vacancy, by majority vote, |
| 293 | appoint a person to fill the vacancy for the remainder of the |
| 294 | unexpired term. If the remainder of the unexpired term exceeds 2 |
| 295 | years, the remaining council members shall, within 30 days after |
| 296 | the occurrence of such vacancy, by majority vote, appoint a |
| 297 | person to fill the vacancy until the next regularly scheduled |
| 298 | town election. |
| 299 | 3. Any person appointed to fill a vacancy on the council |
| 300 | is required to meet the qualifications of the seat to which he |
| 301 | or she is appointed, except the petition requirement. |
| 302 | (d) Extraordinary vacancies.--In the event that all |
| 303 | members of the council are removed by death, disability, law, or |
| 304 | forfeiture of office, the Governor shall appoint an interim |
| 305 | council that shall call a special election to be held 60 to 90 |
| 306 | days after the interim council's appointment. Such election |
| 307 | shall be held in the same manner as the initial election under |
| 308 | this charter. |
| 309 | Section 6. Town council meetings.--The council shall meet |
| 310 | regularly at least once a quarter at such times and places as |
| 311 | the council may prescribe by rule. Such meetings shall be public |
| 312 | meetings and shall be subject to notice and other requirements |
| 313 | of law applicable to public meetings. |
| 314 | (1) The first meeting after a general town election at |
| 315 | which elected or reelected council members are inducted into |
| 316 | office shall be held on the first Monday after such election. |
| 317 | (2) A majority of the council shall constitute a quorum. |
| 318 | Once a quorum is reached, no action of the council shall be |
| 319 | valid unless adopted by an affirmative vote of a majority of the |
| 320 | council members in attendance, unless otherwise provided by law |
| 321 | or stated herein. All actions of the town council shall be by |
| 322 | ordinance, resolution, or motion. |
| 323 | (3) Special meetings may be held at the call of the mayor |
| 324 | or, in his or her absence, the vice mayor. Special meetings may |
| 325 | also be called upon the request of a majority of the council |
| 326 | members. The town manager shall provide not less than 24 hours' |
| 327 | notice of the meeting to the public, when practical. |
| 328 | (4) Voting on ordinances and resolutions shall be by roll |
| 329 | call and shall be recorded by the town clerk in the journal. The |
| 330 | town council shall determine its own rules and order of |
| 331 | business. |
| 332 | Section 7. Designated charter officers.-- |
| 333 | (1) DESIGNATED CHARTER OFFICERS.--The initial designated |
| 334 | charter officers shall be the town manager, town clerk, and town |
| 335 | attorney. Other charter officers may be appointed by majority |
| 336 | vote of the council. |
| 337 | (a) Appointment.--The charter officers shall be appointed |
| 338 | by a majority vote of the full council and shall serve at the |
| 339 | pleasure of the council. |
| 340 | (b) Removal.--The charter officers shall be removed from |
| 341 | office by a majority vote of the full council. If the vote is |
| 342 | not unanimous, the charter officer may, within 7 days after the |
| 343 | dismissal motion by the council, submit to the mayor a written |
| 344 | request for reconsideration. Any action taken by the council at |
| 345 | the reconsideration hearing shall be final. |
| 346 | (c) Compensation.--The compensation of the charter |
| 347 | officers shall be fixed by the town council. |
| 348 | (d) Filling of vacancies.--The town council shall begin |
| 349 | the process to fill a vacancy in the charter office of the town |
| 350 | manager or the town attorney within 90 days after the vacancy |
| 351 | occurs. An acting town manager or acting town attorney may be |
| 352 | appointed by the town council during a vacancy in office. |
| 353 | (e) Candidate for town office.--No charter officer shall |
| 354 | be a candidate for any elected office while holding his or her |
| 355 | charter office position. |
| 356 | (2) TOWN MANAGER.--The town council members may contract |
| 357 | with a town manager. The town manager shall be the chief |
| 358 | administrative officer of the town and shall serve at the |
| 359 | direction and discretion of the town council. The town manager |
| 360 | when necessary shall appoint, suspend, demote, or dismiss any |
| 361 | town employee under his or her jurisdiction in accordance with |
| 362 | law and the personnel rules, and may authorize any department |
| 363 | head to exercise these powers with respect to subordinates in |
| 364 | that department. The town manager shall direct and supervise the |
| 365 | administration of all departments of the town except the offices |
| 366 | of town clerk and town attorney and shall attend all council |
| 367 | meetings unless excused by the town council and shall have the |
| 368 | right to take part in discussions, but not vote. He or she shall |
| 369 | see that all laws, charter provisions, ordinances, resolutions, |
| 370 | and other acts of the council subject to enforcement by him or |
| 371 | her are faithfully executed, and he or she shall act as the |
| 372 | town's director of emergency management with all of the |
| 373 | authority of that position granted by the town's emergency |
| 374 | management plan, the town council, state law, or town or county |
| 375 | ordinance. The town manager shall also prepare and submit the |
| 376 | annual budget, budget message, and capital program to the |
| 377 | council, and shall keep the council fully advised as to the |
| 378 | financial condition and future needs of the town, and shall make |
| 379 | such recommendations to the council concerning the affairs of |
| 380 | the town as he or she deems desirable. The town manager shall |
| 381 | designate a qualified town employee to exercise the powers and |
| 382 | perform the duties of town manager during any temporary absence |
| 383 | or disability of the town manager. The council may revoke such |
| 384 | designation at any time and appoint another eligible person, |
| 385 | other than a currently sitting council member, to serve as |
| 386 | acting town manager. |
| 387 | (3) TOWN CLERK.--The town council members may contract |
| 388 | with a town clerk. The town clerk shall give notice of all town |
| 389 | meetings to the town council and the public as required by law |
| 390 | and shall attend all such meetings in person or by designee and |
| 391 | shall keep minutes of the proceedings. The town clerk shall |
| 392 | authenticate by signature and be custodian of this charter, all |
| 393 | ordinances, resolutions, and other town documents and shall |
| 394 | perform such other duties as required by law or by the council. |
| 395 | The town clerk shall be the supervisor of elections for the |
| 396 | town. The town clerk when necessary shall appoint, suspend, |
| 397 | demote, or dismiss any employee in the office of the town clerk |
| 398 | in accordance with law and the personnel rules of the town. The |
| 399 | town clerk shall prepare annual budgets for the operation of the |
| 400 | office of the town clerk and the town council and shall submit |
| 401 | these budgets to the town manager for inclusion in the annual |
| 402 | town budget in accordance with uniform town procedures. |
| 403 | (4) TOWN ATTORNEY.--The town council members may contract |
| 404 | with a town attorney. The town attorney shall be the chief legal |
| 405 | officer and advisor of the town. The town attorney may either be |
| 406 | retained in house or be retained part time under contract. The |
| 407 | town attorney shall be a member of The Florida Bar. The town |
| 408 | attorney or his or her designee shall attend all town council |
| 409 | meetings and perform such professional duties as may be required |
| 410 | of him or her by law or by the council. The town attorney when |
| 411 | necessary shall appoint, suspend, demote, or dismiss any |
| 412 | employee in the office of the town attorney in accordance with |
| 413 | law and the personnel rules of the town. The town attorney shall |
| 414 | prepare an annual budget for the operation of the office of the |
| 415 | town attorney and shall submit this budget to the town manager |
| 416 | for inclusion in the annual town budget in accordance with |
| 417 | uniform town procedures. |
| 418 | Section 8. Budget and appropriations.-- |
| 419 | (1) The town council shall adopt an annual budget by |
| 420 | ordinance before October 1 of each year, and set tax rates in |
| 421 | accordance with state law. An ordinance adopting an annual |
| 422 | budget shall constitute appropriations of the amounts specified |
| 423 | as expenditures from the funds indicated and shall constitute a |
| 424 | levy of the property tax proposed. |
| 425 | (2) The town council shall have all powers of local |
| 426 | government vested in it by state law relative to fiscal |
| 427 | processes and procedures. |
| 428 | (3) The town council shall adopt a financial policy at |
| 429 | such times as it deems appropriate to provide for financial |
| 430 | management policies of the town. |
| 431 | (4) The town council shall enact a purchasing code to |
| 432 | regulate the procurement of goods and services. |
| 433 | (5) No single expenditure or indebtedness in excess of $1 |
| 434 | million may be made without an affirmative vote of the majority |
| 435 | of the qualified electors of the Town of Casey Key. |
| 436 | Section 9. Elections.-- |
| 437 | (1) ELECTORS.--Any person who is a resident of the town, |
| 438 | who has qualified as an elector of the state, and who registers |
| 439 | in the manner prescribed by law shall be an elector of the town. |
| 440 | (2) NONPARTISAN ELECTIONS.--All elections for town council |
| 441 | members shall be conducted on a nonpartisan basis without any |
| 442 | designation of political party affiliation. |
| 443 | (3) QUALIFICATIONS.--Candidates for the office of town |
| 444 | council member shall qualify for office by filing a written |
| 445 | notice of candidacy with the designated official at such time |
| 446 | and in such manner as may be prescribed by the Florida Election |
| 447 | Code and as otherwise provided in this charter. |
| 448 | (4) PROCEDURE FOR REGULAR ELECTIONS AND RUNOFF |
| 449 | ELECTIONS.-- |
| 450 | (a) The regular election of the town council members shall |
| 451 | be held on the third Tuesday after the third Monday in April in |
| 452 | each even-numbered year when the 4-year term for each respective |
| 453 | seat has expired, in the manner provided for by this charter. |
| 454 | Runoff elections, if necessary, shall be held on the third |
| 455 | Tuesday after the third Monday in May in the same year. |
| 456 | (b) No later than noon Friday, 3 weeks before the election |
| 457 | for office, any individual who wishes to run for one of the five |
| 458 | initial seats on the council shall qualify as a candidate with |
| 459 | the Sarasota County Supervisor of Elections in accordance with |
| 460 | the provisions of this charter and general law. Each candidate |
| 461 | must specify which of the seats he or she desires to campaign |
| 462 | for and serve. The candidate must also follow the procedures |
| 463 | delineated in section 5. |
| 464 | (c) The town canvassing board shall be composed of the |
| 465 | charter officers and at least one citizen from the area or |
| 466 | municipality of Casey Key, and the town attorney shall act as |
| 467 | chairperson. The board shall certify the results of the |
| 468 | election. |
| 469 | (d) After the initial election, the town council members |
| 470 | shall decide how results are certified by ordinance. |
| 471 | (e) If two or more persons qualify for a seat and none |
| 472 | receives a majority of the votes cast for that seat, the two |
| 473 | candidates receiving the highest number of votes or all |
| 474 | candidates receiving the highest and equal number of votes shall |
| 475 | face each other in a runoff election. The person receiving the |
| 476 | highest number of votes in the runoff election shall be elected. |
| 477 | The canvass of returns for a runoff election shall be the same |
| 478 | as for a general election. |
| 479 | (f) In the event of a tie vote for any seat at the runoff |
| 480 | election, the names of the candidates who tied shall be placed |
| 481 | in a box and one name shall be drawn by a member of the |
| 482 | canvassing board. The candidate whose name is drawn from the box |
| 483 | shall be the winning candidate. |
| 484 | (g) The result of the voting, when ascertained, shall be |
| 485 | certified by a return in duplicate, signed by two of the members |
| 486 | of the canvassing board. One copy shall be delivered to the town |
| 487 | attorney and the other copy shall be delivered to the town |
| 488 | manager. Both returns are to be delivered to the town council at |
| 489 | a meeting to be held at noon on the day after certification of |
| 490 | the election results. At such meeting, the town council shall |
| 491 | convey the return and announce the results of the election on |
| 492 | the official record. The certificate shall be placed on file |
| 493 | with the town clerk. |
| 494 | (5) INDUCTION INTO OFFICE.-- |
| 495 | (a) Those candidates who are elected shall be inducted |
| 496 | into office and take office at a meeting held at the regular |
| 497 | meeting place of the council no more than 30 days after the |
| 498 | final election requirements are determined to be in compliance. |
| 499 | (b) After election or appointment and before taking office |
| 500 | each council member or charter officer of the town shall swear |
| 501 | or affirm: "I do solemnly swear (or affirm) that I will support, |
| 502 | honor, protect, and defend the Constitution and government of |
| 503 | the United States and of the State of Florida; that I am duly |
| 504 | qualified to hold office under the Constitution of the State and |
| 505 | under the Charter of the Town of Casey Key; and that I will well |
| 506 | and faithfully perform the duties of (title of office) on which |
| 507 | I am now about to enter so help me God." |
| 508 | (c) Initial elections shall be held after the referendum |
| 509 | for incorporation as stated in section 13. |
| 510 | (6) RECALL OF TOWN COUNCIL MEMBERS.--Any member of the |
| 511 | town council may be removed from office by the electors of the |
| 512 | town following the procedures of recall established in general |
| 513 | law. |
| 514 | (7) DISTRICT BOUNDARIES.-- |
| 515 | (a) Elections shall be held at large until such time as |
| 516 | the council members pass an ordinance providing for voting |
| 517 | districts. |
| 518 | (b) In the event that the council members pass an |
| 519 | ordinance providing for voting districts, such districts shall |
| 520 | come up for review every 5 years after the first election the |
| 521 | districts are in use, unless an earlier review is determined |
| 522 | necessary by the supervisor of elections and the council. |
| 523 | Section 10. Casey Key area municipal services.--After the |
| 524 | first general election, the town council members may authorize |
| 525 | the town manager to enter into contracts for municipal services |
| 526 | on behalf of the Town of Casey Key. Before a town manager is |
| 527 | hired, the mayor is authorized to enter into contracts for |
| 528 | services on behalf of the town. |
| 529 | Section 11. General provisions.-- |
| 530 | (1) CHARTER AMENDMENT.--This charter may be amended in |
| 531 | accordance with the provisions of the Municipal Home Rule Powers |
| 532 | Act, chapter 166, Florida Statutes, or as may otherwise be |
| 533 | provided by general law. The form, content, and certification of |
| 534 | any petition to amend the charter shall be established by |
| 535 | ordinance. |
| 536 | (2) CHARTER REVIEW.--The standards for charter review |
| 537 | shall be established by ordinance. |
| 538 | (3) INITIATIVE AND REFERENDUM.--At least 25 percent of the |
| 539 | qualified electorate of the town shall have the power to |
| 540 | petition to propose an ordinance or to require reconsideration |
| 541 | of an adopted ordinance, and if the council fails to adopt such |
| 542 | ordinance so proposed or to repeal such adopted ordinance |
| 543 | without any change in substance, then the council shall place |
| 544 | the proposed ordinance or the repeal of the adopted ordinance on |
| 545 | the ballot at the next general election. |
| 546 | (4) STANDARDS OF CONDUCT.--All elected officials and |
| 547 | employees of the town shall be subject to the standards of |
| 548 | conduct for public officials and employees set by general law. |
| 549 | In addition, the town council may by ordinance establish a code |
| 550 | of ethics for officials and employees of the town which may be |
| 551 | supplemental to the general law, but in no case may such an |
| 552 | ordinance diminish the provisions of general law. |
| 553 | Section 12. Severability.--If any provision of this act or |
| 554 | the application thereof to any person or circumstance is held |
| 555 | invalid, the invalidity shall not affect other provisions or |
| 556 | applications of this act which can be given effect without the |
| 557 | invalid provision or application, and to this end the provisions |
| 558 | of this act are declared severable. |
| 559 | Section 13. Transition schedule.-- |
| 560 | (1) REFERENDUM.--The referendum election called for the |
| 561 | purposes of this act shall be held on November 3, 2009. At such |
| 562 | time, the issue of whether to incorporate the Town of Casey Key |
| 563 | shall be placed upon the ballot. In the event the electorate |
| 564 | votes affirmatively by a majority of electors voting in the |
| 565 | referendum to incorporate and establish the Town of Casey Key, |
| 566 | the provisions of this charter shall take effect as provided |
| 567 | herein. |
| 568 | (2) CREATION AND ESTABLISHMENT OF TOWN.--For the purpose |
| 569 | of compliance with general law relating to assessment and |
| 570 | collection of ad valorem taxes, the Town of Casey Key is hereby |
| 571 | created and established effective the date this charter becomes |
| 572 | law. |
| 573 | (3) INITIAL ELECTION OF COUNCIL MEMBERS; DATES, QUALIFYING |
| 574 | PERIOD, CERTIFICATION OF ELECTION RESULTS; INDUCTION INTO |
| 575 | OFFICE.-- |
| 576 | (a) After the adoption of this charter in accordance with |
| 577 | this section, the Sarasota County Commission shall call a |
| 578 | special election of the five town council members to be held as |
| 579 | soon as possible but no more than 90 days after an affirmative |
| 580 | vote to incorporate by referendum at the convenience of the |
| 581 | supervisor of elections. Any necessary runoff elections shall be |
| 582 | held as soon as possible but no sooner than 14 days and no more |
| 583 | than 60 days after the special election at the convenience of |
| 584 | the supervisor of elections. |
| 585 | (b) No later than noon Friday, 3 weeks before the election |
| 586 | of council members, any individual who wishes to run for one of |
| 587 | the five initial seats on the council shall qualify as a |
| 588 | candidate with the Sarasota County Supervisor of Elections in |
| 589 | accordance with the provisions of this charter and general law. |
| 590 | Each candidate must specify for which of the seats he or she |
| 591 | desires to campaign and serve. |
| 592 | (c)1. The Sarasota County Commission shall appoint a |
| 593 | canvassing board of three members who are not candidates which |
| 594 | shall certify the results of the election. At least one citizen |
| 595 | from the area or municipality of Casey Key shall be appointed to |
| 596 | serve on the canvassing board. |
| 597 | 2. After the initial election, the town council members |
| 598 | shall decide how results are certified by ordinance. |
| 599 | 3. If two or more persons qualify for a seat and none |
| 600 | receives a majority of the votes cast for that seat, the two |
| 601 | candidates receiving the highest number of votes or all |
| 602 | candidates receiving the highest and equal number of votes shall |
| 603 | face each other in a runoff election. The person receiving the |
| 604 | highest number of votes at the runoff election shall be elected. |
| 605 | The canvass of returns for the runoff election shall be the same |
| 606 | as for a general election. |
| 607 | 4. In the event of a tie vote for any seat at the runoff |
| 608 | election, the names of the candidates who tied shall be placed |
| 609 | in a box and one name shall be drawn by a member of the |
| 610 | canvassing board. The candidate whose name is drawn from the box |
| 611 | shall be the winning candidate. |
| 612 | (4) INDUCTION INTO OFFICE.--Those candidates who are |
| 613 | elected shall be inducted into office and take office at the |
| 614 | initial town council meeting, which shall be held no more than |
| 615 | 30 days after the final election requirements are determined to |
| 616 | be in compliance at the Sarasota County facilities located at |
| 617 | 800 Blackburn Point Road, Casey Key. |
| 618 | (5) TRANSITION SERVICES AND COMPENSATION.--It is intended |
| 619 | that Sarasota County provide and be compensated for the |
| 620 | provision of services for the Town of Casey Key as budgeted for |
| 621 | in the fiscal year 2009-2010 Sarasota County Budget as far as |
| 622 | the revenue will provide. The level of services to be provided |
| 623 | will be consistent with the level upon which the fiscal year |
| 624 | 2009-2010 expense budget was predicted and in accordance with |
| 625 | adopted revenue. It is the responsibility of the town to adopt |
| 626 | appropriate ordinances, resolutions, or agreements as required |
| 627 | to ensure the continued collection of budgeted revenues with |
| 628 | which to fund services beginning January 1, 2010. Any revenues |
| 629 | adopted or received by the Town of Casey Key upon which delivery |
| 630 | of services was not predicted within the county's fiscal year |
| 631 | 2009-2010 adopted budget shall accrue to the Town of Casey Key. |
| 632 | Services that the county shall provide under the terms of this |
| 633 | agreement include all services provided to the Casey Key |
| 634 | municipal district as adopted by the Sarasota County Commission |
| 635 | prior to the Town of Casey Key becoming operational. |
| 636 | (6) FIRST-YEAR EXPENSES.--The council, in order to provide |
| 637 | moneys for the expenses and support of this town, shall have the |
| 638 | power to borrow money necessary for the operation of town |
| 639 | government until such time as a budget is adopted and revenues |
| 640 | are raised in accordance with the provisions of this charter. |
| 641 | (7) TRANSITIONAL ORDINANCES AND RESOLUTIONS.--The town |
| 642 | council shall adopt ordinances and resolutions required to |
| 643 | effect the transition. Ordinances adopted within 60 days after |
| 644 | the first council meeting shall be passed as emergency |
| 645 | ordinances. These transitional ordinances shall be effective for |
| 646 | no longer than 90 days after adoption and thereafter may be |
| 647 | readopted, renewed, or otherwise continued only in the manner |
| 648 | normally prescribed for ordinances. |
| 649 | (8) TRANSITIONAL COMPREHENSIVE PLAN AND LAND DEVELOPMENT |
| 650 | REGULATION.-- |
| 651 | (a) Until such time as the town adopts a comprehensive |
| 652 | plan, the applicable provisions of the Comprehensive Plan of |
| 653 | Sarasota County, as the same exists on the day the town |
| 654 | commences corporate existence, shall remain in effect as the |
| 655 | town's transitional comprehensive plan. However, all planning |
| 656 | functions, duties, and authority shall thereafter be vested in |
| 657 | the Town Council of Casey Key, which shall be deemed the local |
| 658 | planning agency until the council establishes a separate local |
| 659 | planning agency. |
| 660 | (b) All powers and duties of the Sarasota County Planning |
| 661 | and Land Development Regulations Commission, any boards of |
| 662 | adjustment and appeals created pursuant to statutory trade |
| 663 | codes, and the Sarasota County Commission, as set forth in these |
| 664 | traditional zoning and land use regulations, shall be vested in |
| 665 | the Town Council of Casey Key until such time as the town |
| 666 | council delegates all or a portion hereof to another entity. |
| 667 | (c) Subsequent to the commencement of the town's corporate |
| 668 | existence, no amendment of the town's land development |
| 669 | regulations enacted by the Sarasota County Commission shall be |
| 670 | deemed as an amendment of the town's transitional comprehensive |
| 671 | plan or land development regulations or shall otherwise take |
| 672 | effect within the town's corporate limits unless approved by the |
| 673 | town council. |
| 674 | (9) STATE-SHARED REVENUES; TOWN PARTICIPATION IN STATE |
| 675 | SHARED REVENUES PROGRAMS.--The Town of Casey Key shall be |
| 676 | entitled to participate in the state-shared revenues programs |
| 677 | effective immediately on the date of incorporation. The |
| 678 | provisions of section 218.23, Florida Statutes, shall be waived |
| 679 | for the purpose of eligibility to receive revenue sharing funds |
| 680 | from the date of incorporation through the state fiscal year |
| 681 | 2009-2010. Initial population estimates for calculating |
| 682 | eligibility for shared revenues shall be determined by the |
| 683 | University of Florida Bureau of Economic and Business Research. |
| 684 | Should the bureau be unable to provide an appropriate population |
| 685 | estimate, the Sarasota County Planning Department shall provide |
| 686 | an appropriate estimate. |
| 687 | Section 14. This act shall take effect only upon its |
| 688 | approval by a majority vote of those qualified electors residing |
| 689 | within the proposed corporate limits of the proposed Town of |
| 690 | Casey Key voting in a referendum election to be called by the |
| 691 | Sarasota County Commission and to be held in accordance with the |
| 692 | provisions of law currently in force, except that this section |
| 693 | shall take effect upon becoming a law. |