Fort Walton Beach Council agenda — 03-18-08 workshop agenda - charter review — reading text

X Z F_ V 4 L U W 2 CL F- N O J 00 0 Z V Q O= CL - V UJQ v O OC a O0 x x x x x x x x Iz z a W V Q 0 a 0 0 O 0 0 O 0 W Z U U U U U U c U 0 a) 0 O W W M W H J 0 0 0 0 0 a 0 0 N N a) N N N n N N Z CL c c c c c c cu c c Z c c c c c c W c m M ii U- U- ii ii U- ii ii U- t F- v J m E W Z J cu c N d V c 0 CL Z a. ui U U J d 4- 4- 4- 4- 0 0 a U 0 0 0 0 m c c c cm IL 3 3 3 c m IL 0 LL U 0 a H H t-  W H O V z z0 O R V H Q V Z W X Z HQ C) W 2 H O J_ V C) a O= CL C) a U O H a O C9 x F- z Z w Q v oc Q a 6 w z L G p J E U) N H c0 O F' QO c IL o U) J W z J c O Cl) Q w O CL z N O N cv 3 -18- 08 Florida Municipal Law Update This information is from the City Attorney. If you want to abolish a department it can be accomplished by Ordinance, and does not require referendum.  STATE LAW IN FLORIDA AFFECTING LOCAL CODES AND ORDINANCES Part I CHARTER AND RELATED SPECIAL LAWS Home Rule Powers Act Charters and related special laws in Florida are affected by changes in the state law. The adoption of the Municipal Home Rule Powers Act ( F.S. ch. 166) in 1973 had the greatest impact. 1) Subjects excepted from municipal legislation. F.S. § 166. 021( 3) provides that pursuant to the grant of powers set forth in Fla. Const. art. VIII, § 2( b), the legislative body of each municipality has the power to enact legislation concerning any subject matter upon which the state legislature may act, except: a. The subjects of annexation, merger and exercise of extraterritorial power, which require general or special law pursuant to Fla. Const. art. VIII, § 2( c). b. Any subject expressly prohibited by the Constitution. C. Any subject expressly preempted to state or county government by the Consti- tution or by general law. d. Any subject preempted to a county pursuant to a county charter adopted under the authority of Fla. Const. art. VIII, §§1( g), 3 and 6( e). 2) Subjects affected by home rule act. The following provisions have been affected by the Hoene Rule Powers Act: a. Charters and related special laws adopted prior to October 1, 1973. Pursuant to F.S. §166. 021, provisions of such charters and related special laws either still require a referendum to amend, are repealed as limitations on power, or have been converted to ordinances, depending on the subject matter. A referendum pursuant to F.S. § 166. 031 is required to either amend or repeal provisions which affect: 1. The creation or existence of a municipality. 2. The terms of elected officers and the manner of their election, except for the selection of election dates and qualifying periods for candidates and for changes in terms of office necessitated by such changes in election dates. 3. The distribution of powers among elected officers. 4.. Matters prescribed by the charter relating to appointive boards. 5. Any change in the form of government. 6. Any rights of municipal employees. 1  FLORIDA STATE LAW PAMPHLET Any other limitation of power upon any municipality contained in any municipal charter enacted or adopted prior to July 1, 1973, is nullified and repealed. All special acts pertaining exclusively to the power or jurisdiction of a particular municipality have been converted to ordinances, subject to modification or repeal as other ordinances. A series of cases and Attorney General Opinions (see appendix A at the end of this pamphlet) have attempted to resolve the ambiguities in interpreting F.S. § 166. 021. b. Charters and related special laws and amendments adopted after October 1, 1973. 1. Referendum required. According to Attorney General Opinion 75 -223, amend- ments to provisions of charters and related special laws adopted by referendum after October 1, 1973 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 of ordinances 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). X  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