Fort Walton Beach Council agenda — 09-16-08 workshop agenda — reading text

require a referendum regardless of the subject matter. 2. Referendum not required for certain charter amendments. F.S. § 166. 031 is a supplemental procedure for amending a charter. It establishes a procedure for effecting certain amendments without a referendum, such as: i) Redefinition of boundaries to include only those lands previously annexed. ii) Abolishment of municipal departments. iii) Amendment of language judicially construed, either by judgment or by binding legal precedent or from a decision of a court of last resort, to be contrary to either the state or federal Constitution. C. Procedures to fill vacancies in elective offices. d. Procedural requirements for adoption ofordinances and resolutions. F.S. § 166. 041 constitutes the minimum procedural requirements. Additional requirements are permitted by ordinance or charter. e. Borrowing. F.S. § 166. 101 et seq. constitute the full authority for municipal borrowing. f. Finance. F.S. § 166. 201 et seq. provide for certain taxes, investments and other financial matters. g Fiscal year F.S. §§ 166. 241 and 218. 33 mandate the fiscal year. h. Eminent domain. F.S. § 166.401 et seq. provide authority for eminent domain. Other Statutes Affecting Charters and Special Laws In addition to the effects of the Home Rule Powers Act on charters and related special laws, the following are typical charter and special law provisions affected by state law: 1) Annexation or contraction procedures. a. F.S. ch. 171 repeals municipal charter and ordinance provisions on the subject matter in effect on October 1, 1974, with some minor exceptions ( e. g., voluntary annexations, certain Charter counties).  FLORIDA STATE LAW PAMPHLET b. Territory with no registered electors may be annexed with the consent of the owners of more than 50 percent of the parcels of land ( F.S. § 171. 0413( 6)). 2) Elections. a. The state election code is preemptive in many areas and may be adopted by reference in many other areas. The following municipal election provisions supersede existing municipal ordinances: 1. Qualification of electors, F.S. §§ 97. 041, 166. 032. 2. Registration of electors, F.S. § 101. 002. See also F.S. § 98. 045 et seq. 3. Resign -to -run law, F.S. § 99. 012. 4. Candidate assessment fee, F.S. § 99. 093. 5. Opening and closing of polls, F.S. § 100. 011. 6. Notice to supervisor of elections prior to special election, F.S. § 100. 151. 7. Special election notice procedure, F.S. § 100. 342. 8. Recall procedure for members of governing body, F.S. § 100. 361. 9. Procedures for voting, F.S. §§ 101. 031, 101. 041, 101. 21, 101. 635, 101. 75. 10. Election code violations, F.S. ch. 104. 11. Campaign financing, F.S. ch. 106. A freeholder (property owner or taxpayer) requirement for public office has been declared unconstitutional. See Kramer v. Union Free School District, 395 U.S. 621, 89 S. Ct. 1886, 23 L. Ed. 2d 583 ( 1969); Turner v. Fouche, 396 U.S. 346, 90 S. Ct. 532, 24 L. Ed. 2d 567 ( 1970). A freeholder requirement for bond election electors has been declared unconstitutional, Fair v. Fair, 317 F. Supp. 859 ( M.D. FL, 1970); City of Phoenix v. Kolodziejski, 399 U.S. 204, 90 S. Ct. 1990, 26 L.Ed.2d 523 ( 1970). b. Pursuant to F.S. § 166. 031( 6), each municipality shall, by ordinance or charter provision, provide procedures for filling a vacancy in office caused by death, resignation, or removal from office. Such ordinance or charter provision shall also provide procedures for filling a vacancy in candidacy caused by death, with- drawal, or removal from the ballot of a qualified candidate following the end of the qualifying period which leaves fewer than two candidates for an office. 3) Municipal courts. Municipal courts were abolished by Fla. Const. art. V, §20( d)( 4). The county court has jurisdiction. Fla. Const. art. V, § 20( c)( 4). 4) Tort actions. Notice to city, etc., regarding tort actions is governed by the waiver of sovereign immunity statute, F.S. § 768. 28. 5) Taxation. Ad valorem tax appraisals and collections are performed by the county pursuant to F.S. §§ 166. 211( 2), 193. 116. 6) Amendments. Procedures for adopting charter amendments are found in F.S. § 166. 031. 3  Part II CODE OF ORDINANCES The Municipal Home Rule Powers Act, in F.S. § 166. 021( 3), has granted to the legislative body of each municipality the power to enact legislation concerning any subject matter upon which the state Legislature may act, except: 1) The subjects of annexation, merger and exercise of extraterritorial power, which require general or special law pursuant to section 2( c), art. VIII, of the state Constitution. 2) Any subject expressly prohibited by the Constitution. 3) Any subject expressly preempted to state or county government by the Constitution or by general law. 4) Any subject preempted to a county pursuant to a county charter adopted under the authority of sections 1( g), 3 and 6( e), art. VIII, of the state Constitution. Many of the comments in this pamphlet pertain to express prohibitions and preemptions by state law. GENERAL PROVISIONS 1) Authority to codify. The specific authority to codify was repealed in 1974. It is assumed that the Municipal Home Rule Powers Act (F.S. ch. 166) is broad enough to authorize codification. 2) Ordinance violations—remedies. a. As used in the laws of this state, ordinance violations are not crimes, misdemean- ors or noncriminal violations. F.S. § 775. 08. b. F.S. § 162. 22 authorizes a municipality to make ordinance violations civil infractions and provide a civil penalty not exceeding $500. 00 and further provides that unless otherwise specifically authorized and provided for by law, a person convicted of violating a municipal ordinance may be sentenced to pay a fine, not to exceed $ 500.00, and may be sentenced to a definite term of imprisonment, not to exceed 60 days. C. Some violations are or may be considered civil infractions pursuant to F.S. 162. 21. d. The Local Government Code Enforcement Boards Act ( F.S. § 162. 01 et seq.) provides an additional or supplemental means of obtaining compliance with local codes for enforcing local codes through an appointed code enforcement board or special magistrate. 5  FLORIDA STATE LAW PAMPHLET e. In addition, F.S. chs. 316 and 318 govern traffic infractions, F.S. §§ 489. 127 and 489. 531 provide alternative procedures for enforcement of certification and registration of contractors, F.S. § 633. 052 for fire code enforcement; F.S. § 828. 27 for animal control. See AGO 81 -76. f. Civil actions to enforce ordinances are authorized by F.S. § 162. 30. ADMINISTRATION Officers and Employees 1) Travel. expenses. F.S. § 112. 061 applies, except for any conflict with any special or local law. See AGO 74 -18 and 2003 -01. 2) Mandatory retirement.age. Federal law prohibits mandatory retirement at a stated age with certain exceptions. ( Age Discrimination in Employment Act, 29 USC 621 et seq.) See also F.S. § 112. 044 as to age discrimination. Finance 1) Investments. Requirements for investment policies are established in F.S. § 218. 415. Such section was amended in 2007 to permit rated or unrated bonds, notes, or instruments backed by the full faith and credit of the government of Israel. 2) Construction. Payments for local government purchases of construction services are made as provided in F.S. § 218. 735. ALCOHOLIC BEVERAGES 1) Sale. a. Where legal, the sale of intoxicating liquors, wines and beers shall be regulated by law. Fla. Const. art. VIII, §5( a). This provision does not preempt the power of a municipality to regulate conduct in places that sell alcoholic beverages. City of Daytona Beach v. Del Percio, 476 So. 2d 197 ( 1985). Taxation and certain regulation of alcoholic beverages are preempted by the state or authorized, pursuant to F.S. §§ 561. 342( 3), 562. 14 and 562. 45( 2). b. F.S. § 561. 342( 3) prohibits municipal taxing or licensing of alcoholic beverages. C. F.S. §§ 562. 14 and 562. 45( 2) provide that municipalities may regulate the hours of sale, location of business, sanitary requirements and may regulate conduct and entertainment in establishments licensed for consumption of alcoholic beverages on the premises. d. F.S. § 563. 02( 1)( a) provides that the sale of malt beverages for off premises - consumption is not subject to municipal zoning. 0  FLORIDA STATE LAW PAMPHLET 2) Public impairment. F.S. § 397. 701 prohibits ordinances concerning public intoxication or drug impairment, but F.S. § 397. 702 permits adoption of certain ordinances regarding treatment in compliance with state law. 3) Open containers. Restaurants licensed to sell wine on the premises may allow patrons to remove one unsealed bottle of wine for consumption off the premises if the patron has purchased a full course meal consisting of a salad or vegetable, entree, a beverage, and bread and consumed a portion of the bottle of wine with such meal on the restaurant premises. The bottle must be resealed and bagged and a dated receipt for the bottle of wine and full course meal shall be provided by the licensee and attached to the container. If transported in a motor vehicle, the container with the resealed bottle of wine must be placed in a locked glove compartment, a locked trunk, or the area behind the last upright seat of a motor vehicle that is not equipped with a trunk. F.S. § 564. 09 ANIMALS 1) Dangerous dogs. F.S. § 767. 10 et seq. provide restrictions for dangerous dogs and allow local governments to enact additional restrictions which are not specific as to breed. 2) Animal control or cruelty ordinances. F.S.