Fort Walton Beach Council agenda — 02-19-08 workshop agenda — reading text

and election returns for any discrepancy which could affect the outcome of an election. The canvassing board may recount the ballots of the automatic tabulating equipment. d) When absentee ballots are used, examine the tabulation of the absentee ballots received. 8) Any registered voter of the City of Naples shall have the right to challenge the returns of a municipal election as being erroneous and affecting the outcome of the election by filing a written, sworn challenge to the canvassing board. 9) ( a) The form of the " Challenge of Election Returns to the Canvassing Board" shall be as follows: CHALLENGE OF ELECTION RETURNS TO THE http:// Iibraryl.municode.com/default/DocView/ 13804/ l/4/ 17 1/ 212008 ARTICLE 13. NOMINATIONS AND ELECTIONS' Page 3 of 4 Canvassing Board Naples, Florida 19 As provided in the Naples City Charter, Section , I, name , a registered voter of the City of Naples, Florida, believe the election returns from Precinct Nos. , in the date of election, are erroneous and affect the outcome of the election. I hereby protest the canvass of such returns by the City of Naples Canvassing Board, and request that said returns be investigated, examined, checked; and corrected by said Canvassing Board. The basis for this protest is Under penalties of perjury, I swear that the factual basis of the foregoing, to the best of my knowledge and belief, are true based upon TABLE INSET: S/ STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this day of by , who is personally known to me or who has produced as identification and who did ( did not) take an oath. TABLE INSET: NOTARY PUBLIC SEAL) b) Such challenge shall be received by the city clerk no later than 5: 00 p. m. on the day following the election. The city clerk shall acknowledge receipt immediately. If challenge is received, the city clerk shall certify receipt of such challenge to the canvassing board. If no challenge is received, the city clerk shall certify same to the canvassing board. c) Upon receipt of such challenge, the City of Naples Canvassing Board shall have the power to take any appropriate actions necessary to respond to the challenge of the election. These actions shall include: i) Meeting with complainant; ii) Collection of evidence, if time permits, directly from the polling precinct in question; iii) Collection of all other relevant evidence. d) The canvassing board shall use reasonable effort to collect such evidence in a sworn, written format. e) The canvassing board shall issue a written determination of the challenge within forty -eight (48) hours after an election challenge is received by the city clerk. f} The canvassing board may authorize a manual recount of the ballots cast. g) In the event of a recount, the canvassing board shall use reasonable effort to notify every candidate whose race is being recounted of the time and place of such recount. 11q: //H razyl..municode .com/ default/DoeView /13804/ l /4/ 17 1/ 2/ 2008 ARTICLE 13. NOMINATIONS AND ELECTIONS* Page 4 of 4 h) The canvassing board shall have the authority to request judicial determination to declare a municipal election or a portion thereof void and to request that a new election be held. - i) Nothing in this section shall be construed to abrogate or abridge any remedy that may now exist, in law or in equity, and the proceeding prescribed herein shall be an alternative or cumulative remedy. Ord. No. 2854, § 1, 1 - 4 -1978; Ord, No. 93 -6878, § 1, 3 -17 -1993; Ord. No. 93 -7056, §§ 1, 2, 11 - 17- 1993) State law references: The hours polls are open is superseded by state law, F. S. § 100. 011. Sec. 13.4. Filing of candidates for election; disqualification. All candidates for mayor or city council shall have the qualifications of an elector provided for in this Charter, and shall have been a resident of the City of Naples for a period of 6 months prior to filing. In years that are a multiple of 4, at which time the regular municipal election is held on the same day as the State of Florida Presidential Preference Primary, candidates shall file with the city clerk on a schedule in accordance with candidate fling deadlines established by the Collier County Supervisor of Elections, but at no time more than 74 days before and not later than 5: 00 p. m. on the eighth Tuesday preceding the general municipal election, a written request that the candidate' s name be placed upon the ballot for election and a statement that the individual is a bona fide candidate for such office. In all other general municipal elections, all candidates for mayor or city council shall file with the city clerk not more than 60 days and not later than 5:00 p.m. on the sixth Tuesday preceding the general municipal election, a written request that his or her name be placed upon the ballot for election and a statement that the individual is a bona fide candidate for such office. All requests for placement of a candidate's name on the ballot as provided above shall be accompanied by a registration or filing fee of $ 25.00. Any candidate may withdraw his or her name at any time in writing before the forms for the election ballots are delivered to the printer for printing, but in no event shall the registration or filing fee be returned or refunded. No candidate for any office shall promise any money, office, employment or other thing of value to induce or secure votes. Conviction of a violation of this provision by action of the council shall disqualify the person found guilty of violating the same from holding office, and the person receiving the next highest number of votes shall be deemed elected to the office. Ord. No. 2854, § 10 1- 4 -1978; Ord. No. 84 -4518, § 1, 8 -1 - 1984; Ord. No. 86 -5020, § 1, 6 -18 -1986; Ord. No. 07- 11739, § 2, 8 -15 -2007) State law references: Assessment on municipal candidates, F. S. § 99.093. Sec. 13. 5. Voting machines. The council shall have the power to provide for the use of mechanical or other devices for voting or counting votes, in accordance with the principles set forth in this Charter. For this purpose, the council may fix and modify the form of the ballot, the method of expressing choices and the arrangements for conducting the election and the count, but no changes shall be made which will alter or impair the principles of the voting or of the counting. Ord. No. 2854, § 1, 1 - 4 -1978) Vkp- http:/ /library 1. municode.com/ default/DocView /13 804/ 1/ 4/ 17 1/ 2/ 2008 ARTICLE 14, PLANNING AND ZONING* Page 1 of 1 ARTICLE 14. PLANNING AND ZONING* Editor's note: This article has been editorially deleted as superseded by the Local Government Comprehensive Planning and Land Development Regulation Act, F.S. § 163. 3161 et seq. Subsequently, the provisions of a referendum passed by the voters February 1, 2000, have been included herein as § 14. 1 at the request of the city. State law references: Local Government Comprehensive Planning and Land Development Regulation Act, F.S. § 163. 3161 et seq. Sec. 14. 1. ( Maximum building height in commercial zoning districts.) All commercial zoning districts in the City of Naples shall be limited to three floors and building heights of 42 feet to the peak of the roof, measured from the first floor, FEMA elevation. Commercial zoning districts shall include Highway Commercial, C1 retail shopping, C1A commercial core, C2 general commercial, C2A waterfront commercial, C3 heavy commercial, C4 airport commercial, Industrial, Medical, Office, Planned Development, Downtown, and any future commercial zoning districts that Naples may create. Ref. of 2- 1- 2000) Editor's note: it should be noted that Res. No. 00 -8796, § 1 adopted March 15, 2000, provided that It is hereby interpreted and clarified that, with regard to the Parkshore PD, the Building Height Charter Amendment is not applicable to and does not regulate the height of structures on residential tracts or parcels which do not include commercial uses or other uses listed within the Charter Amendment, within such residential tracts or structures." See the Charter Comparative Table. lrV http: / li/ raryl. mumcode.corn /default/DocView /13804/ l/ 4/ 18 1/ 2/ 2008 ARTICLE 15. MISCELLANEOUS PROVISIONS Page 1 of 3 ARTICLE 15. MISCELLANEOUS PROVISIONS Sec. 15. 1. Removal from office of officials and members of commissions, boards, etc. Editorially deleted.] Editor's note: This section, which has not been amended by referendum after July 1, 1973, and which does not involve extraterritorial powers, has been editorially deleted as home rule powers of a municipality are derived from the constitution and F. S. ch. 166 and it is adequately covered in state law. State law references: Removal of members of certain boards, committees, commissions, F. S. § 112. 501. Sec. 15. 2. Official bonds. Editorially deleted.] Editor's note: This section regarding bonds for officials has not been amended by referendum after July 1, 1973, and which is not regarding extraterritorial powers has been editorially deleted as unnecessary as home rule powers of a municipality are derived from the constitution and F. S. ch. 166. Sec. 15.3. Conflicting employment or contractual relationship. Editor's note: This section has been editorially transferred to the Code of Ordinances as certain provisions of a charter adopted prior to July 1, 1973, and not subsequently amended by referendum have been converted to ordinances by operation of F.S. § 166. 021( 5). This section is section 2- 973 in the Code of Ordinances. State law references: Code of ethics, F. S. § 112.311 et seq. Sec. 15.4. Prohibitions. Editorially deleted.] Editor's note: This section, which has not been amended by referendum after July 1, 1973, and which does not involve extraterritorial powers, has been editorially deleted as home rule powers of a municipality are derived from the constitution and F. S. ch. 166 and it is adequately covered in state law. State law references: Code of ethics, F. S. § 112. 311 et seq.; bribery,