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Fort Walton Beach Council agenda — 02-19-08 workshop agenda — reading text
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proposed
amendment contained in the ordinance or petition to a vote of the electors at the next general
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election held within the municipality or at a special election called for such purpose.
Session: 2008
2) Upon adoption of an amendment to the charter of a municipality by a majority of the electors
Chamber: Senate -
voting in a referendum upon such amendment, the governing body of said municipality shall have
the amendment incorporated into the charter and shalt file the revised charter with the
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Department of State. All such amendments are effective on the date specified therein or as
otherwise provided in the charter.
3) A municipality may amend its charter pursuant to this section notwithstanding any charter
Year: 2007 -_
provisions to the contrary. This section shalt be supplemental to the provisions of all other laws
relating to the amendment of municipal charters and is not intended to diminish any substantive or
Search procedural power vested in any municipality by present law. A municipality may, by ordinance and
without referendum, redefine its boundaries to include only those lands previously annexed and
shall file said redefinition with the Department of State pursuant to the provisions of subsection
2).
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4) There shall be no restrictions by the municipality on any employee's or employee group's
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political activity, while not working, in any referendum changing employee rights.
aetAo ohetndor rs.
5) A municipality may, by unanimous vote of the governing body, abolish municipal departments
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J provided for in the municipal charter and amend provisions or language out of the charter which
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has been judicially construed, either by judgment or by binding legal precedent from a decision of
a court of last resort, to be contrary to either the State Constitution or Federal Constitution.
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,
withdrawal, 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.
History. - s.- 1, ch. 73 -129; s. 1, ch. 86 -95; s. 1, ch. 90 -106; s. 43, ch. 90 -315; s. 45, ch. 94 -136.
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http:Hwww.flsenate.gov /Statutes /index.cfm ?Appmode= Display_Statute& SearcliString= &URL= Ch0166/...
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VOLUME I
CHARTER
Title I. Establishment
Sec. 1. Municipality.
Sec. 3. Validation of ordinances, property rights, liabilities, etc.
Title II. Legislative
Sec. 4. Creation.
Sec. 4A. Limit on number of terms for city council.
Sec. 4B. Filling vacancies in the city council or in the office of mayor.
Sec. 5. Regular and special meetings of council.
Sec. 6. Election of mayor and mayor pro tem; general duties of mayor.
Sec. 7. General powers and rules of council.
Sec. 8. Quorum; compelling attendance of members.
Sec. 12. Investigations of trarisactions of departments and officials.
Title Ill. Administration
Sec. 13. City manager; acting manager; assistant manager; appointment, qualifications and
salary.
Sec. 14. City manager; responsibility; powers of appointment and removal.
Sec. 15. Removal of officers and employees; civil service employees; procedure.
Sec. 16. Council not to. interfere in appointments or removals; violation a misdemeanor;
forfeiture of office.
Sec. 17. Duties of manager.
Sec. 18. Manager's and officer's right to participate in council meetings.
Sec. 19. Administrative departments.
Sec. 20. Departments to be supervised by a director.
Title IV. Finance Procedures
Sec. 21. Department of finance and administration; director.
Sec. 22. Department of finance and administration; division of audits and accounts.
Sec. 23. Department of finance and administration; division of treasury.
Sec. 52. Surety bonds required of officers and employees.
Sec. 53. City officers; appointment and compensation.
Sec. 55. Consolidation of offices and departments.
Sec. 56. Emoluments other than regular compensation prohibited; exception.
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Title V. Miscellaneous Provisions
Sec. 57. Oath of office.
Sec. 58. Continuance of present officers.
Sec. 60. Elections.
Sec. 62. Property rights, obligations, ordinances, etc., continued.
Sec. 63. Offices and employment continued.
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FORT WALTON BEACH CODE
Sec. 64. Construction.
Sec. 67. Repealer.
Sec. 68. Effective date.
Sec. 73. Police jurisdiction over navigable waters.
Sec. 74. Acquisition of recreational tracts.
Historical Notes & State Law References
Laws of Florida - Section
Section - Laws of Florida
Referenda to Section 0
Charter Index
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Volume 1 - 2
CHARTER - § 4A
TITLE L ESTABLISHMENT
Section 1. Municipality established.
The present municipality of the City of Fort Walton is hereby abolished and in the place of the
same municipality there is hereby_created and established a municipality under the name of Fort
Walton Beach within the territorial boundaries of the said City of Fort Walton as now established or
as there may hereafter be established, the said Fort Walton Beach to succeed to and take the place
of the abolished City of Fort Walton. The municipal corporation hereby established and created shall
have perpetual succession, may use a common seal, may contract and be contracted with, and may
sue and be impleaded in all matters whatsoever.
Section .3. Validation of ordinances, property rights, liabilities, etc.
All laws, by -laws, resolutions and ordinances lawfully passed and in force in the Town of Fort
Walton under its former charter, not in conflict or inconsistent with the provisions of this charter, shall
remain in force until repealed or altered in accordance with the provisions of this act. All rights,
actions, prosecutions, contracts, and power and property of every description which were vested in
it are vested in it under the charter herein provided for, as though there had been no change in form
of government, and no neglect or liability, either in favor of or against the town, and no suit or
prosecution of any kind, shall be affected by such change, unless expressly provided by the terms
of this act.
TITLE 11. LEGISLATIVE
Section 4. Creation and composition of council.
Except as otherwise provided in this charter, all powers of the city shall be vested in a council of
seven members, who shall be designated by a specific seat number and each of whom shall be
elected by the qualified voters of the city at large. The term of all councilmen shall, be for four (4)
years, and an election shall be held each two (2) years for the purpose of electing members of the
council as the terms expire. Until such elected members of the council shall take office, the present
members of the council of the City of Fort Walton Beach shall continue in office until the expiration
of their present terms of office. Members of the council shall be qualified electors of the city and
shall not hold any othercity,state or federal office, except that of notary public or member of the state
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militia or member of the reserve forces of the United States. A member of the council ceasing
possess any of the qualifications specified in this section or convicted of crime,-while in office, shall
immediately forfeit his office.
Section 4A. Limit on number of terms for city council.
No person shall be elected to the office of, city council of the City of Fort Walton Beach for more
than two consecutive full terms. However, this section shall not apply to any person holding the office
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of city council May 12, 1981, or to any person elected to take.-office during the year 1981.
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FORT WALTON BEACH CODE
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Section 4B. Filling vacancies in the city council or in the office of mayor.
a) In the event a vacancy occurs on the city council, or in the office of mayor, after election of a
person to fill the office concerned, the position shall be filled as follows:
1) If a person elected has not yet been sworn into office, the office shall not be filled until that
person would ordinarily have been sworn in. The council taking its seat at the time that
person would have been sworn in shall determine the successor, by majority vote.
2) If the person elected has been sworn into office, and if more
