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

road. This requirement applies only to a lawfully erected sign the subject matter of which relates to premises other than the premises on which it is located or to merchandise, services, activities, or entertainment not sold, produced, manufactured, or furnished on the premises on which the sign is located. 19  FLORIDA STATE LAW PAMPHLET APPENDIX A CASES AND ATTORNEY GENERAL OPINIONS Concerning the Status of Charter Provisions Under the Home Rule Act) Home Rule Act declared constitutional, City of Miami Beach v. Forte Towers, Inc., 305 So. 2d 764 ( FL. 1974). See AGO 73 -478 for an explanation of charter provisions. See AGO 93 -23. The amendment of the city's Charter is governed by F.S. § 166. 031 and no alternative method may be used. Charters adopted since October 1, 1973 and portions of charters adopted prior to October 1, 1973 that are amended by referendum or by the Legislature after October 1, 1973 can only amended pursuant to the procedures outlined in F.S. § 166. 031. See AGO 75 -223; AGO 82 -101; AGO 84 -67; AGO 93 -23; AGO 01 -15; AGO 2006 -10. Provisions in a section of a city charter that were restated in but not changed by a charter amendment that was approved at referendum after October 1, 1973 or by the Legislature after October 1, 1973 cannot be amended except by the procedures provided in F.S. § 166.031 (unless provided otherwise by law). AGO 84 -67; AGO 2001 -43. The following is applicable to charters ( or portions thereof) adopted prior to October 1, 1973 that have not been amended by referendum or by the Legislature after October 1, 1973 No Referendum Required Referendum Required Compensation and expenses of council. AGO Change in pension plan ( new plan for new 73 -276. employees permitted by ordinance). AGO 73 -427. F.S. § 166. 031 ( Charter amendment proce- Creation of downtown development author- dure) has no effect on amendment of Charter ity (special taxing district). AGO 73 -443. by ordinance pursuant to F.S. § 166. 021. AGO 73 -301. Limitation on period of franchises. AGO 73- Change of name of municipality. AGO 73- 441. 491. Removal of appointive officers for cause. Rights of employees under civil service. AGO AGO 73 -475. 75 -136. Special assessments against school district. Civil service board. (appointive board). AGO AGO 74 -24. 75 -136. Qualifications of office and removal of elected Filing fee for candidates. AGO 75 -172. official from office for change in residency. AGO 74 -25. Change of ordinance procedure. AGO 74- Change in civil service law. Resedean v. Civil. 371. Service Board, 332 So. 2d 150 ( Fla. 1976). 21  FLORIDA STATE LAW PAMPHLET No Referendum Required Referendum Required Letting of contracts and purchase of materi- Change from city manager appointment of als and supplies. AGO 75 -176. fire chief and police chief to civil service appointment. Smith v. City of Pinellas Park, 336 So. 2d 1255 ( Fla. 1976). Changes that do not affect the basic organi- Change in the allocation of the basic policy - zation and administrative structure of gov- making and administrative functions of mu- ernment. AGO 77 -135. nicipal government ( as from a strong mayor form to a city manager form). AGO 77 -135. Tenure and removal or suspension of ap- Authority of mayor to appoint a councilman pointed municipal officers. AGO 79 -21. to supervise and direct any particular phase of the city government. AGO 78 -31. Requirement for elections in connection with A change from subdistrict residency require- issuance of revenue bonds and prohibition of ments for city commissioners who are elected lease of portion of facility for more than 30 by city -wide vote to election of city commis- years. State v. City of Miami., 379 So. 2d 651 sioners from single -member districts. AGO Fla. 1980). 78 -32, AGO 78 -61. Procedure for letting of garbage contract. Veto power for mayor and procedure for AGO 80 -49. overriding veto. AGO 79 -22. Procedure for adoption of ordinances or res- Removal of police and fire departments from olutions. AGO 81 -32, AGO 81 -71. control of mayor and placement under coun- cil. AGO 81 -74. Approval by council of delivery of city funds Addition of appointment of alternate mem- by check. AGO 82 -98. bers to civil service board. AGO 83 -39. Procedure for and limitations and restric- Change in name of appointive board. AGO tions on the sale of certain municipal prop- 84 -12. erty. AGO 83 -34. Removal of appointed city manager. AGO Change in the term of an elected officer. 86 -64. AGO 90 -11. Initiative or referenda procedure. AGO 90 -2. Procedures by which municipal officers are elected, such as changing the date of filing nominating petitions or of canvassing and certifying elections. AGO 95 -35. Amendment of Charter to include gender neutral terminology. AGO 93 -66. 22  r' rt::..' " rs xr`' 6. . . 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