This Draft incorporates the changes to the Charter as proposed by the Charter

Review Commission Language proposed to be removed is indicated by

rilro
r
r
Iiy
c rl language proposed to be added is indicated by underline Language
proposed to be moved is indicated bywere
double underline where it is moved to and
i
t
d it is moved from
PART I
CER
CHAR
Editors Note The Charter of the City of Flagler Beach as herein set out was adopted by Ord No 92
33 adopted Dec 29
33 was ratified by the electorate at a referendum election held Nov 3 992
1992 Ordinance No 92

Art 1 Creation and Powers 07

11
Art II City Commission 02
1
2 1

Art II1 City Manager 04

3
3A1
Art IV Administrative Departments Offices and Agencies 01 4
4 02

Art V Financial Procedures 08

51
Art VI Planning and 7
oning 6
01

Art V11 Elections 05

71
Art VIII Initiative and Referendum 07
81
Art 1X General Provisions 01 9
9 03
Art X Transitional Provisions 07
01
10

ARTICLE I
CREATION AND POWERS
Section 1
01 Creation and Powers
The City of Flagler Beach as previously created April 16 1925 shall continue as a Florida municipal
corporation having all governmental corporate and proprietary powers to enable it to conduct municipal
goverrunent perform municipal functions and render municipal services and may exercise any power for
municipal purposes except as otherwise provided by law
Ord No 28 1 12
99 99

Page 1 of 21
Section 1
02 Construction

The powers of the City under this Charter shall be construed liberally in favor of the City and the

specificmention of particular powers in the Charter shall not be construed as limiting in any way the general

power stated in this article

Section 1
03 Intergovernmental relations

The City may exercise any of its powers or perform any of its functions and may participate in the

financing thereof jointly or in cooperation by contract or otherwise with any one or more states or civil
divisions or agencies thereof or the United States or any agency thereof

Section 1
04 Corporate limits

The area described in Appendix A to this Charter shall constitute the corporate limits of the City of

Flaglcr Beach Said Appendix A shall be kept current and on file in the office of the City Clerk
Ord No 99
28 1 99
12
8

Section 1
05 No driving on the beach

It shall be unlawful for any person to operate a motor vehicle of any kind other than an emergency
vehicle on the Atlantic Ocean Beach By a majority vote of the Commission specific groups may be exempted
from this requirement if the Commission feels it is in the publics interest

Section 1
06 Official seal

The official City seal shall continue in its present form and design until changed by ordinance of the

City Conunission

Amd of 96
5
11

Section 1
07 Form of government

The City of Flaglcr Beach shall be governed by the Manager

Commission form of municipal
government
Amd of 96
5
11

AKTICLE 11

CITY COMMISSION

Section 2
01 Composition terms and elections
eligibility

a Composition There shall be a City Commission of six 6 members

composed of five 5 Commissioners and one 1 Mayor all elected by the voters of the City

b Eligibility

2 of 21
Page
f Candidates for the Office of City Commissioner shall be
or Mayor a registered
voter in ler
Fla Beach and shall have resided within the corporate limits of the City for at least one 1 year
prior to the date of qualification

c Term ofoffice The term of office of any person elected to the City Commission or Mayor at any

general election held in the City shall be for a period ofthree 3 years Terms shall be staggered so that
no more than two Commission seats are on the ballot at any one time except for transitional terms with
i a
r
unlimited terms and shall begin o ie ftr
t n
the next
at regularly
scheduled meeting following the certified results of the City election When arun
offis required the term of
office of the person clccted at the run
offelection will begin at the first regularly scheduled meeting of the
Commission immediately following the certification of the run
offelection results and will end at the
same time other members elected that year
as

Amd of 11
96 Ord No 99
5 27 12Ord No 99
1 99
8 35 1 10
99
14

Section 2
02 Compensation expense

The Mayor and the Commissioners shall receive annual of 00

000 to be
7
an salary adjusted annually
by the cost of with the statistical data provided by the S
living U Department of Labor Statistics but cannot
exceed the amount of increase awarded to the non
union employees that The salary adjustment shall take
effect October 1 2007 and continue every year thereafter Salary increases of more than ten I0 must be

approved by a majority of the voters of the City held at the next official election Members of the Commission
may receive their actual and necessary expenses incurred in the performance of their duties of office Such
reimbursement shall be made in accordance with the state law

Amd of 5
11
9 6 Ord No 99
28 1 99
12
8

Section 2
03 Mayor

The Mayor y shall attend all Commission meetings and shall have the right to take part in discussion
but may not vote In addition the Mayor shall be recognized as head of the City government for all ceremonial

purposes by the governor for purposes of military law for services of process execution of contracts deeds
and other documents and as the City official designated to represent the City in all agreements with other
governmental entities but shall have
administrative duties except as required to carry out the responsibilities
no

herein The Chairman of the Commission shall serve as ViceMayor in the absence or disability of the Mayor
and during a vacancy in the office of the Mayor until such vacancy is filled in accordance with this charter

The of veto shall be vested in the The

authority solely Mayor s authority of veto extends only to
Mayor
ordinances and resolutions and the Mayor possesses no authority to veto any other sundry motions or actions of
the City Commission

No ordinance or resolution shall be effective unless approved in writing by the Mayor If the Mayor fails

during a period of five workingapprove said ordinance or resolution the ordinance or resolution shall
days to

then become a law In the event of a veto the ordinance or resolution may be passed over said veto provided at
least four 4 members of the Commission vote for the adoption of same at the next regular or special
meeting
whichever comes first If the veto is not over
ridden at the next then the veto stands
regular or special meeting
Ord No 99
35 1 10
99
14

Page 3 of 21
Section 2
04 General powers and duties

All powers of the City shall be vested in the Commission except as otherwise provided by law or this
Charter The Commission shall provide for the exercise thereof and for the performance of all duties and

obligations imposed on the City by law

Section 2
05 Prohibitions

a office Except where authorized by law no Commissioner or Mayor shall hold any
Holding other
other City office employment during the term for which 13e the Mayor or Commissioner was elected to
or city
the Commission and no former Commissioner or Mayor shall hold any compensated appointive City office or

city employment until one 1 year after the expiration of the term for which 13e the Mayor or Commissioner
was elected to the Commission

b Appointments and removals Neither the Mayor nor the Commissioners shall in any manner
dictate theappointment or removal of any City administrative officer or employee whom the Manager or any of
his subordinates are empowered to appoint but the Commission may express its views and fully and freely
discuss with the City Manager anything pertaining to appointment and removal of such officers and employees

a
c Interference with administration Neither the Mayor nor the Commissioners can

direct aemployees who

ro subject to the direction ofthc City Manager
City are

All directives are done solely through the City Manager and neither the Mayor nor the Commissioners shall
give orders to any such officer or employee either publicly or privately Notwithstanding the above elected
officials are not prohibited from discussing with any City employee any job or responsibility pertaining to
their job description

Ord No 99
35 1 10
99
14

Section 2
06 Vacancies forfeiture of office

a Vacancies The office of

a Commissioner or Mayor shall become vacant upon i s the death

removal from office in authorized by law forfeiture of his the office

resignation any manner or

nations shall take place upon the date specified by the individual resi
Resit nin and such resignation
shall be irrevocable The vacated office shall be considered vacant for election purposes

b Forfeiture ofgffice A Commissioner or Mayor shall forfeit his office if he they 1 lacks at any
time during hi
s the term of office any qualification for the office prescribed by this Charter or by law

2 fails to attend three 3 consecutive regular meetings of the Commission without being excused by
the Commission 3 is are convicted of a felony or 4 violates any express prohibition of this Charter
or state law

Ord No 99
35 1 10
99
14

Section 2
07 Judge of qualifications

The Commission shall be the judge of the

oi office and qualifications of its members and of the grounds
for forfeiture of t
3eir the office and for that purpose shall have power to subpoena witnesses administer oaths

Page 4 of 21
and require the production of evidence A member charged with conduct constituting grounds for forfeiture of
leis the office shall be entitled to a public hearing on demand Notice of such hearing shall be published in one
1 or more newspapers of general circulation in the City at least one 1 week in advance of the hearing
Amd of 11
96
5

Section 2
08 Independent audit

The Commission shall

provide for an annual independent audit of all City accounts and may provide for
more frequent auditsit deems necessary Such audits shall be made by a certified public accountant or firm
as

of such accountants who have no personal interest direct or indirect in the fiscal affairs of the City government
or any of its officers
State Law References Annual audits are now required by F
S 1 1
45 and 166
241

Section 2
09 Procedure

a Meetings
Yearly the

organizational meetin shall be held at the first regularly scheduled commission meeting after certification of
the election results no other meeting shall be held in that time space other than an emergency as set forth in
Section 14
44 of the Flagler Beach Code of Ordinance At the the Commission
yearly Organizational Meeting
shall elect from among its members a Chairman and ViccChairman Furthermore the Commission shall meet

regularly at least once in every month at such times and places as the Commission may prescribe by rule
Special meetings may be held on the call of the Mayor or of two 2 or more Commissioners with not less than
two72 hours public notice
seventy or the current law All meetings shall be public unless precluded by state

law

b Rules undr record The Commission shall determine its own rules and order of business
and shall provide for keeping a jel record of its proceedings consistent with the state laws and regulations

c Voting Voting except on procedural motions shall be by roll call and the ayes and nays shall be
recorded in the aurnal record Three 3 members of the Commission excluding the Mayor shall constitute a
quorum but a smaller number may adjourn from time to time and may compel the attendance of absent
members in the manner prescribed by and subject to the penalties nY of the rules of the Commission
No action of the Commission except as otherwise provided in the preceding sentence s shall be cn

valid or binding unless adopted by the affirmative vote of three 3 or more members of the Commission

Amd of 11 96 Ord No 99
5 28 12 Ord No 99
1 99
8 35 1 10
99
14

Section 2
10 Action requiring Resolutions
ordinances

a Ordinances and resolutions shall be introduced in the Commission only in written form All

ordinances except ordinances making appropriations and ordinances codifying or rearranging existing
ordinances shall be confined to one 1 subject which shall be clearly expressed in the title Ordinances making
appropriations shall be confined to the subject of appropriation Each ordinance that is to be included in the
a
Code of Ordinances shall contain a section within the ordinance that specifies the
ordinance be included in the Code

Page 5 of 21
 Every ordinance except as hereinafter stated after passage on first reading by the title thereof shall be
published by such title at least once together with the notice of the time and place when and where it will be
given a public hearing and be considered for final passage Such publication shall be at least one 1 week prior
to the time set for the hearing At the time and place so advertised or at any time and place to which such

hearing shall from time to time he adjourned such ordinance may be read in full and shall be made available
for reading after such reading all persons interested shall be given an opportunity to be heard After such

hearing the Commission may finally pass such ordinance with or without amendment except that if it shall
make an amendment which constitutes a change in substance it shall not finally pass the ordinance until it shall
have caused the amended sections to be published at least once together with a notice of time and place when

and where such amended ordinance will be further considered which publication shall be at least three 3 days

prior to the time stated At the time so advertised or at any time and place to which such meeting shall be
adjourned the amended ordinance shall be read by title and a public hearing thereon shall be held and after such
hearing the governing body may finally pass such amended ordinance or again amend it subject to the same
conditions The second passage of any ordinance pursuant to this Charter shall be final and no further passage
shall be required After such tnal passage every ordinance shall be posted on the bulletin board in City Hall for
two 2 weeks and posted electronically The ayes and nays shall be taken upon the passage of all ordinances
and resolutions and entered upon the el record of
j the proceedings of the City Commission

b In addition to other acts required by law or by specific provision of this Charter to be done by
ordinance those of the Commission shall be ordinance which
acts City by

amend administrative code establish alter abolish any office

1 Adopt or an or or City department
or agency

2 Provide for a tine or other penalty or establish a rule or regulation for violation of which a fine or

other penalty is imposed

3 Levy taxes and fees except as otherwise provided in Article V with respect to the property tax
levied by adoption of the budget

4 Grant renew or extend a franchise

5 Regulate the rate charged for its services by a public utility

Authorize the borrowing of money

6

7 Convey or lease or authorize the conveyance or lease of any lands of the City

8 Adopt with or without amendment ordinances proposed under the initiative power and

9 Amend or repeal any ordinance previously adopted except as otherwise provided in Article VIII
with respect to repeal of ordinances reconsidered under the referendum power

10 meeting Florida State

Emergency Reference Statute b1991
3
041
166 and City ofFlagler
Beach Code of Ordinances section 14
44

Page 6 of 21
Acts other than those referred to in the preceding section may be executed either by ordinance or by resolution

Ord No 99
28 1 99
12
8

Section 2
11 Codes of technical regulations

The Commission may adopt any standard code of technical regulations by reference thereto in an

adopting ordinance The procedure and requirements governing such an adopting ordinance shall be as
prescribed for ordinances
Ord No 99 28 1 99
12
8

Section 2
12 Authentication and recording codification printing

a Authenticution and recording The City Clerk shall authenticate by his

her signature and record
in full in a properly indexed book kept for the purpose all ordinances and resolutions adopted by the
Commission

b Codifzcation and printing of Ordinances and Charter Amendments Each quarter the City Clerk
shall submit for codification and inclusion in the Code all City ordinances specified for inclusion in the Code
and each amendment to this Charter These updates shall be
published at the earliest possible time on electronic
media and the Internet if available Printed media shall be published yearly in substantially the same style as the
Code currently in effect and shall be suitable in form for integration therein This compilation shall be known
and cited officially as the Flagler Beach City Code Copies of the Code shall be furnished to City Officers

placed in libraries and public offices for free public reference All documents will be sold to the public at the
cost established by state law

Ord No 99 28 1 99
12
8

ARTICLE III

CITY MANAGER

Section 3
01 Appointment qualifications compensation

The Commission shall appoint a City Manager for a designated term and fix the Managers compensation
The City Manager shall be appointed solely on the basis of leis the Managers executive and administrative
qualifications FFe The Manager need not be a resident of the City or State at the time of 13i
s the Managers

appointment but must reside within the City while in office within ninety 90 days following appointment by
the Commission Under special circumstances the Commission shall have the ability to extend the time to
establish a residence within the Citv limits by a maiority vote of the Commission

Section 3
02 Removal

r
The Commission may remove the City Manager by a majority vote of the full
Commissioners Upon demand by the City Manager a public hearing shall be held prior to a vote to remove the
City Manager

Section 3
03 Acting City Manager

Page 7 of 21
 By letter filed with the City Clerk the City Manager shall designate
a qualified City Administrative Oftcer to exercise the powers and perform the duties of City

Manager during hi
s the Manager
s temporary absence or disability During such absence or disability the
Commission may revoke such designation at any time and appoint another officer of the City to serve until the
City Manager shall return

Section 04 Powers and duties of the

3 City Manager

fhe City Manager shall be the Chief Administrative Officer of the City e The City Manager shall be

responsibleto the Commission for the administration of all City affairs placed in his the
Manager charge by or
under this Charter Ie The City Manager shall have the following powers and duties

1 Appoint and when Ise the manager deems it necessary for the good of the City suspend
or remove all City employees provided for by or under this Charter except as otherwise

provided by law this Charter or personnel rules adopted pursuant to this Charter

2 11Direct and
h
e supervise the administration of all departments offices and agencies of the
otherwise provided by this Charier or by law
City except as

R Attend all Commission

Trz meetings unless otherwise excused by the Commission and shall
3
have the right to take part in discussion but may not vote

4 1See that all laws

l provisions of this Charter and acts of the Commission subject to

enforcement by the manager or by officers subject to 13i

s the s
manager direction and

supervision are faithfully executed

5 nBe
T responsible for and submit an annual budget

6 T1 Submit to the Commission and make available to the public a complete report on the
finances and administrative activities of the City as of the end of each fiscal year

7 1Make such other reports as the Corncnission may require concerning the
a operations of
City departments offices and agencies subject to Isis the manager
s direction and supervision

8 Keep the Commission fully advised as to the financial condition and future needs of the

City and make recommendations to the Commission concerning the affairs of the City

9 milPerform such other duties as are specified in this Charter or may be required by the
Commission

ARTICLE IV

ADMINISTRATIVE DEPARTMENTS OFFICES AND AGENCIES

Page 8 of 21
Section 4
01 General provisions

a Creation
ofdepartments The Commission may establish City departments offices or agencies in
addition to those createdby this Charter and may prescribe the functions of all departments offices and
agencies except that no function assigned by this Charier to a particular department office or agency may be
discontinued or unless this Charter specifically so provides assigned to any other

b by C Manager All departments offices and agencies under the direction and
Direction

supervision of the City ftoer employee appointed by and subject to the

Manager shall be administered by an e
direction and supervision of the City Manager The City Manager may serve as the head of one 1 or more such

departments offices or agencies or may appoint one 1 person as the head of two 2 or more of them

Section 4
02 City Attorney

There shall be City Attorney appointed by the Commission I

a 1e The Attorney shall serve as Chief

Legal Adviser to the Commission the City Manager and all City departments offices and agencies shall
represent the City in all legal proceedings and shall perform any other duties prescribed by this Charter or by
ordinance or by resolution If a conflict of interest occurs the City Attorney may appoint additional attorneys to

assist in representing the City with approval of the Commission

ARTICLE V

FINANCIAL PROCEllURES

Section 5
01 Submission of budget and budget message

No later than ten

Afifteen 15 days after receipt of the last Certification of Taxable Value from the
Property Appraisers offices the Cily Manager shall submit to the Commission a budget and an accompanying
message for the ensuing year

Section 5
02 Budget message

The City Manager

s message shall explain the budget both in fiscal terms and in terms of the work
programs It shall outline the proposed financial policies of the City for the ensuing fiscal year describe the
important features of the budget indicate any major changes from the current year in financial policies
expenditures and revenues together with the reasons for such changes summarize the s
City debt position and
include such other material as the City Manager deems necessary

Section 5
03 Budget contents form

The budget shall provide a complete financial plan of all City funds and activities for the ensuing fiscal

year and except as required by law or this Charter shall be in such form as the C Manager deems necessary
or the Commission may require In organizing the budget the City Manager shall utilize the most feasible

combination of expenditure classification by fund organization unit program purpose or activity and object It
shall begin with a clear general of its contents shall show in detail all estimated income
summary indicating
the proposed property tax levy and all proposed expenditures including debt service for the ensuing fiscal

Page 9 of 21
year and shall be so arranged as to show comparative figures for actual and estimated income and expenditures
of the current fiscal year and actual income and expenditures of the preceding fiscal year It shall indicate in

separate sections

a Proposed expenditures for current operations during the ensuing fiscal year detailed by offices
departments and agencies in terms of their respective work programs and the method of
financing such expenditures

b Proposed capital expenditures during the ensuing fiscal year detailed by offices departments
and agencies when practicable and the proposed method of financing each such capital
expenditure and

c Anticipated net surplus or deficit for the ensuing fiscal year of each utility owned or operated by
the City and the proposed method of its disposition subsidiary budgets for each such utility

giving detailed income and expenditure information shall be attached as appendices to the
budget

The total of proposed expenditures shall not exceed the total of estimated income and if
prior year surpluses
any

Section 5
04 Commission action on budget

a Notice and hearing The Commission shall publish in one or more newspapers of general
circulation in the City a notice
stating

The times and where of the message and available for the
1 places copies budget are inspection by
public and

The time and place after such for the

2 publication a public hearing on budget

b Amendment
before adoption After the public hearing the Commission may adopt the budget
with or without amendment Inamending the budget it may add or increase programs or amounts and may
delete or decrease any programs or amount except expenditures required by law or for debt service or for
estimated cash deficit provided that no amendment to the budget shall increase the authorised expenditures to
an amount greater than the total of estimated income and prior year surpluses if any

c Adoption The Commission shall adopt the budget on or before the 30th day of September
Adoption of the
budget shall constitute appropriations of the amount specified therein as expenditures from the
funds indicated and shall constitute a levy of the property tax therein proposed

05 Public records
Section 5

a The budget as adopted shall be public record and shall be made available to the public at suitable

places in the City

Page 10 of 21
 ai
t riser
u City records shall be kept in accordance with state law

Section 5
06 Amendments after adoption

a Supplemental appropriations If during the fiscal year the City Manager certifies that there are

available for
appropriation revenues in excess of those estimated in the budget the Commission may make
supplemental appropriations for the year up to the amount of such excess

b Emergency appropriations To meet a public emergency affecting life health property or the
publicpeace the Commission may make emergency appropriation Reference City of Plagler Beach Code of
Ordinance Section 14
44

c Reduction ofappropriations If at any time during the fiscal year it appears probable to the C

Manager that the revenues available will be insufficient to meet the amount appropriated he the Manager shall

report to the Commission without delay indicating the estimated amount of the deficit any remedial action
taken by him the Manager and his the recommendations as to any other steps to be taken The Commission shall

then take such further action as it deems necessary to prevent or minimize any deficit and for that purpose it

may reduce one or more appropriations

d Limitations effective date No appropriation for debt service may be reduced or transferred and
no appropriation inay be reduced below any amount required by law to be appropriated or by more than the

amount of the unencumbered balance thereof

Section 5
07 of
Lapse appropriations

Every appropriation except an appropriation for a capital expenditure shall at the close of the
lapse
fiscal year to the extent that it has not been expended or encumbered An appropriation for a capital expenditure
shall continue in force until the purpose for which it was made has been accomplished or abandoned the

purpose of any such appropriation shall be deemed abandoned if one additional fiscal year passes without any
disbursement from or encumbrance of the appropriation

08 Administration of budget
Section 5

a Work programs and allotments At such time the City shall each
as Manager specify department
office or agency shall submit work programs for the ensuing tscal year showing the requested allotments of its

appropriation by periods within the year The City Manager shall review and authorize such allotments with or
T
without revision as early as possible in the fiscal year Such allotments may be revised the
during
year if s
deemed necessary and shall be revised in accord with any supplemental
emergency reduced or transferred appropriations made pursuant to Section 5
06

b Payments and obligations prohibited No payment shall be made or obligation incurred against any
allotment or appropriation except in accordance with
appropriations duly made Any authorization of payment
or incurring of obligation in violation of the provisions of this Charter shall be void and
payment is illegal such
action may be cause for removal of any employee who knowingly authorized or made such payment or
incurred such obligation I4e The Manager may also be liable to the City for any amount so paid
c c c
r
ccrcvT
c
v
a
i
o
7
xxxcacii
crxc
irc
ca i

Page 1 1 of 21
c Payments for Capital Contracts and improvements Except where prohibited by law nothinu in this
Charter shall be construed to prevent the makine or authorizing of payments or making of contracts for capital
improvements to be financed wholly or partly by the issuance of bonds or to prevent the making of any contract
or lease providing for payments beyond the end of the fiscal year provided that such action is made or approved
by the Commission

Cross References Purchasing Code 318

206

ARTICLE VI

PLANNING AND ZONING

Section 0
6 1 Zoning state law adopted

For the purpose of promoting health safety and the general welfare of the community in the regulation
and restriction of the height number of stories and size of buildings and other structures the percentage of lot
that may be occupied the size of yards courts and other open spaces the density of population and the location
and use of buildings structures land and water the provisions of the City of Flagler Beach Ordinance 81
1 as

may be amended are hereby adopted and shall constitute a part of this Charier as if set out in full herein

Buildings within the City of Flagler Beach shall be limited to a maximum height of five 35
thirty feet as

described within the Land Development Regulations

Amd of 06
7
3
Cross References Zoning Appendix A to the Code of Ordinances

ARTICLE VII

ELECTIONSx

Editors Note Ord No35 adopted Oct 14 1999 and ratified on Nov 9 1999 amended Art VII in its entirety as herein
99
set out to
Prior amendment Art VII contained similar subject matter and was derived from Ord No 92
this 33 ratified Nov 3 1992
an amendment enacted Nov 5 1996 and Ord No 99
27 adopted Aug 12 1999

Section 7
01 Nonpartisan elections

Elections for the office of City Commission shall be conducted basis without
or Mayor on a nonpartisan
regard for designation of political party affiliation

Section 7
02 Qualifying

a At the first Commission Meeting in January the Mayor shall read the election proclamation
Candidate qualifying shall begin at 00 a
9 m the following business day and continue for the next five

Page 12 of 21
 business days except when presidential preference primary occurs the qualifying period shall he sct by
a

the City Commission Any candidate wishing to qualify using the petition process must collect the required
signatures prior to the qualifying period in accordance with Section 99095 F S

b Candidates for the Office of City Commissioner or shall be registered in Flagler

Mayor a voter

Beach and shall have resided within the corporate limits of the City for at least one 1 year prior to the date of

qualification

c To be considered qualified for the election candidates shall appear in person before the City
f
Clerk during regular business hours at City Hall
1h
P r r t 17 L 1r r rl
F L1 JX11

1 1 711 1LC F1r1 L7 7

l1

1
actllt r a
lt
fee
n
1
u
t
pa
to
tZable
be

produce the original notice of obtaining ballot position pursuant to Section 99

095 or nay a aualification
fee in an amount equal to six percent 6
1 of the annual salary of the position to which said person

seeks election pay 1 of the annual salary of the position for the state election assessment pursuant to
S 99
F 093

pay any other fees as set by law and

fill out aualification material as required by the Citv Clerk the Supervisor of Elections or by law

d For any special election the City Commission shall set the qualifying period by resolution

Ord No 99
35 1 10
99
14

Section 7
03 Filling of vacancies

a In the event only one 1 candidate qualifies for a seat during the period established by Section

02 such candidate shall be deemed

7 to have voted for himself
herself and shall be declared as elected without
the necessity ofbeing voted upon and shall assume office at the same time and in the same manner as those
elected in the general election

b In the event two 2 or more candidates qualify for a seat during the period established by

Section 7
02 and prior to the election there is a vacancy in candidacy caused by death withdrawal or removal
from the ballot of a qualified candidate which leaves only one 1 candidate for a seat such remaining
candidate shall be deemed to have voted for himself
herself and shall be declared as elected without the
necessity of being voted upon and shall assume office at the same time in the same manner as those elected at
the general election

c In the event there is a complete vacancy in candidacy for a seat due either to no candidates

qualifying therefore or to the death withdrawal or removal from the ballot of all qualified candidates or if a
duly elected candidate shall die or be disqualified prior to taking office the provisions of d shall be followed

rm
r in the Office of the Mayor shall be filled by the City
d Any
vacancy
Commission she which shall by resolution choose qualified successor at the second regular Commission
a

after the vacancy has occurred

meeting by unanimous rnajarit
F vote of the remaining members of the

Commission hT is new Mayor shall serve until the next municipal election whereby the

Page 13 of 21
 shall elect r the of that seat
voters a Mayor to serve remaining unexpired term

Any vacancy the City Commission shall be filled the City Commission which shall
on by by
resolution choose a qualified the second regular Commission after the vacancy
successor at meeting
occurred by unanimous vote of the remaining members of the Commission This new Commissioner shall serve

until the next municix

alelection whereby the voters shall elect a Commissioner to serve the remaining

unexpired term of that seat

f In the event that a maiority of the members of the Commission are removed from office the
Governor shall anDOint an interim Commission that shall call a special election as provided for in Section
cl The term of office for these
7A5 e lected officials shall be the same as those for the offices vacated

Ord No 99
35 1 10
99
14

Section 7
04 Form of ballots

a The names of all candidates for the office of Mayor shall be placed on the municipal election
ballot first and in alphabetical order

b The names of all candidates for Commissioner shall be placed upon the municipal election ballot
in alphabetical order

c A Charter amendment to be voted on shall be presented for voting by ballot title The ballot title
of may differ from its legal title and shall be a clear concise statement describing the substance of
a measure

the measure without argument or prejudice Below the ballot title shall appear the following question Shall the
described amendment
above s be adopted Immediately below such question shall appear in the following
order the words Yes
for Approval and No
for Rejection with sufficient space thereafter to indicate the
s choice
voter
No 35
99 I10
99
14
Ord

Section 7
05 Schedule and notice of elections

a Generul Election The general election for theCity shall be held on the first Tuesday after the
first Mondayin March of each year except if a presidential preference primary occurs nrsh the election
shall be held on that Tuesday The candidates receiving the highest number of votes shall be declared the
winner Since terms for Elected officials are ered
sta so that no more than two Commission seats are on the
ballot at any one time the Mayor and one Commissioner shall be placed on the ballot in one year two
f
Commissioners in the next year and two commissioners in the followin
year r r

r r a
Nothing herein shall alter the terms of
Commission Members presently holding office All notice requirements as set forth in d shall apply to the

general election

b Run off In the event of a tie vote for any seat in the general election or special election a run off

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election of the tied candidates shall be held for that seat later than the 35th atter the election All
as no day
notice requirements forth in d shall off elections In the event the run
offelection ends in
as set apply to run a

tie state statute shall apply

c Special election 1
he City Commission by resolution shall fix the date and qualifying period for
a special election All notice requirements as set forth in d shall also apply to special elections

d Notices At least thirty 30 days notice exclusive of the day of publication and the day of

election shall be given for all elections held pursuant to this Charter The notice shall be given by publication in
a newspaper of general circulation in the City of Flagler Beach and made once in the fifth week and once in the

a
third week prior to the week in which the election or referendum is to be held notices shall be

provided as by state law

Ord No 99
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ARTICLE VIII

INITIATIVE AND REFERENDUM

Section 8
01 Initiative

Initiative The qualified voters of the

City shall have power to propose ordinances to the Commission
ands If the Commission fails to consider adopt or reject an ordinance within 90 days se as proposed without any
change in substance the voters shall to adopt or reject it at a City election provided that such power shall not
extend to the budget or capital program or any ordinance relating to appropriation of money levy of taxes or
salaries of City officers or employees or any other ordinance where governmental approval is required

Referendum The qualified voters of the City shall have power to require reconsideration by the
Commission of any adopted ordinance and If the Conunission fails to reconsider or repeal an ordinance

requested for reconsideration by the voters the voters may repeal sp recceide
z it at r r

City election as indicated in Section 02 through 8

8 07 provided that such power shall not extend to the budget
or capital program or any emergency ordinance or ordinance relating to appropriation of money or levy of taxes

or any other ordinance where governmental approval is required

Section 8
02 Commencement of proceedings petitioners committee affidavit

a Any five 5 qualified voters may originate initiative or referendum proceedings by filing with
the City Clerk an affidavit stating they will constitute the petitioners committee and be responsible for
circulating the petition and filing it in proper forni stating their names and addresses and specifying the address
to which all notices to the committee are to be sent and setting out in full the proposed initiative ordinance or

citing the ordinance sought to be reconsidered

b Promptly after the affidavit of the petitioners committee is filed the Clerk or other official
designated by the Commission will at the committee
s request issue the appropriate petition blanks to the

petitioners committee at the committee

s expense

Section 8
03 Petitions

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 a Number ofsignatures Initiative and referendum petitions must be signed by qualified voters of
the City equal in number to at least ten percent 10 of the total number of qualified voters registered to vote
at the last regular City election

b Form and content All papers of a petition shall be uniform in size and style and shall be
executed in ink shall be followed bythe residential address of the person signing and have the Voter
s

Registration number or date of birth Petitions shall contain or have attached thereto throughout their circulation
the full text of the ordinance proposed or sought to be reconsidered

c Affidavit ofcirculator Each paper of a petition shall contain when filed an affidavit executed by
the circulator thereof stating that he
personally circulated the paper the number of signatures thereon that all
the signatures were affixed in his presence that he believes them to be the genuine signatures of the persons
whose names they purport to be and that each signer had an opportunity before signing to read the full text of
the ordinance proposed or sought to be reconsidered

d Time for filing referendum petitions Referendum petitions must be filed within thirty 30 days
after adoption by the Commission of the ordinance sought to be reconsidered
Ord No 28 99 1 99
12
8

Section 8
04 Procedure after filing

a Certificate of Clerk amendment A petition that meets all the requirements as specified shall be
deemed sufficient Within twenty 20 days after the petition is filed the City Clerk shall complete a certificate

as to its suftciency specifying if it is insuftcient the particulars wherein it is defective and shall promptly

send a copy of the certificate to the petitioners con

rnittee by certified mail A petition certified insufficient for
lack of the required number of valid signatures may be amended once if the petitioners committee files a notice
of intention to amend it with the Clerk within two 2 days after receiving the copy of this certificate and files a

supplementary petition with additional papers within ten 10 days after receiving the copy of such
certificate Such supplementary petition shall comply with the requirements of subsections b and c of
Section 8 03 and within five days after it is filed the Clerk shall complete a certificate as to the sufficiency of
the petition as amended and promptly send a copy of such certificate to the petitioners committee by certified
mail as in the case of an original petition If a petition or amended petition is certified sufficient or if a petition
or amended petition is certified insufficient and petitioners committee does not elect to amend or request

Commission review under subsection b of this section within the time required the Clerk shall promptly

present this certificate to the Commission and the certificate shall then be a final determination as to the

sufficiency of the petition

b Commission review If a petition has been certified insufficient and the petitioners cormmittee

does not file notice of intention to amend it if amended

petition has been certified insufficient the
or an

committee may within two 2 days after receiving the copy of such certificate file a written request that it be
reviewed by the Commission The Commission shall review the certificate at its next meeting following the

filing of such request and approve or disapprove it and the Commission

s determination shall then be a final
determination as to the sufficiency of the petition

c Court revieN new petition A final determination as to the sufficiency of a petition shall be

subject to court review A final determination of insufficiency even if sustained upon court review shall not

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prejudice the filing of initiative for the
a new petition same purpose

Section 8
05 Referendum petitions suspension of effect of ordinance

When referendum petition is filed with the City Clerk the ordinance be reconsidered shall be
a sought to

suspended Such suspension shall terminate when

1 There is a final determination of insufficiency of the petition or

2 The petitioners committee withdraws the petition or

The Commission the ordinance

3 repeals or

4 Thirty 30 days have after the vote of the the ordinance which
elapsed a City on was proposed to

be reconsidered

Section 8
06 Action on petitions

a Action by Commission When an initiative or referendum petition has been finally determined

sufficient the Commission shall promptly consider the proposed initiative ordinance in the provided in
manner

Article II or reconsider the rd ordinance that has been referred by voting itsrepeal if the Commission
fails to
adopt a proposed initiative ordinance without any change in substance within ooninety 90 days
or fails to
repeal within thirty
30days the ordinance which has been referred th a r

inn a
after the date the petition was finally determined sufficient it shall submit the proposed
ordinance or the ordinance that has been referred eina to the voters of the City

b Szrbmission to voters The vote of the City on a the proposed ordinance or the ordinance that has
inn
been referred eshall be held not Tess later than one 1 year from the

date of the final Commission vote thereon The vote will be held at the same time as the regular election except
that the Commission may in its discretion provide for a special election at an earlier date within the prescribed

period Copies of the proposed ordinance or the ordinance that has been referred eshall be made
available at the polls and published at least thirty 30 days prior to the election in a newspaper of general
circulation in the community All notice requirements as set forth in Section d 05 shall also apply to this
7
section

c Withdrawal
ofpetitions An initiative or referendum petition may be withdrawn at any time prior
to the fifteenth
15th day preceding the day scheduled for final ballot changes by filing with
the City Clerk a request for withdrawal signed by at least four members of the petitioners committee Upon the

filing of such request the petition shall have no further force or effect and all proceedings thereon shall be
terminated A public notice shall be placed in a newspaper of general circulation notifying voters that the

petition has been withdrawn and no vote will be taken on the initiative or referendum
Ord No 99 28 1 99
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8

Section 8
07 Results of election

a Initiative If a majority of the qualified electors voting on a proposed initiative ordinance vote in

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its favor it shall be considered adopted upon certification of the election results and shall be treated in all
respects in the same manner as ordinances of the same kind adopted by the Commission If conflicting
ordinances are approved at the same elections the one receiving the greatest number of affirniative votes shall

prevail

b Referendum If a majority of the qualified electors voting on a referred ordinance vote against it
it shall be considered repealed upon certification of the election results

ARTICLE IX

GENERAL PROVISIONS

Section 9
01 Charter amendment

Proposal of amendment Amendments to this Charter may be framed and proposed

a

1 In the manner provided by law or

2 By ordinance of the Commission containing the full text of the proposed amendment and
effective upon adoption or

3 By the voters of the Ciiy or

4 By report of a Charter Commission created by ordinance

Proposal of an amendment
by the voters of the City shall be by petition containing the full text of the proposed
amendment and shall be governed by the same procedures and requirements prescribed in Article VIII for
initiative petitions until such time as a final deterniination as to the sufficiency of the petition is made except
that there shall be no limitation as to subject matter and that the petition must be signed by qualified voters of
the City equal in number to at least fifteen percent 15 of the total number of qualified electors registered to
vote at the last regular City election The petitioners committee may withdraw the petition at any time before

the fifteenth 15th day immediately preceding the day scheduled for final ballot chap res
zr A public notice shall be placed in a newspaper of general circulation notifying voters that the

petition has been withdrawn and no vote will be taken on the petition

b Election
Upon delivery to the City election authorities of the report of a Charter Commission or
delivery by the City Clerk of
an adopted ordinance or a petition finally determined sufficient proposing an

amendment pursuant to subsection a the election authorities shall submit the proposed amendment to the
voters of the City at an election Such election shall be announced by a notice containing the complete text of

the proposed amendment and published in one or more newspapers of general circulation in the City at least

thirty 30 days prior to the date of the election The vote of the City nn a proposed ordinance or an ordinance
which has been referred shall be held not less than thirty 30 days and not later than one year from
the date of the final Commission vote thereon The vote will be held at the same time as the regular election

except that the Commission may iat its discretion provide for a special election at an earlier date within the
prescribed period Copies of the proposed ordinance or an ordinance which has been referred erd nee shall be
i
made available at the polls and published at least thirty 30 days prior to the election in a newspaper of general

Page 18 of 21
circulation in the All notice forth in Section
Eby city requirements as set 05shall
7
d also apply to this
section

c Approval of amendments if a majority of the qualified voters of the City voting upon a
proposed Charter amendment vote in favor of it the amendment shall become effective at the time fixed in the
amendment or if no time is therein fixed 30 days after its approval by the voters
Ord No 9928 12
8
99
State Law References P
S 166 1991 provides the procedure for Charter amendments Subsection 3 thereof provides
031
that it is supplemental to all other laws relating to the amendment of municipal Charters

Section 9
02 Charter Review Commission

a The City Commission shall establish a Charter Review Commission which shall convene no later
than March 1997 and shall thereafter convene within ten year intervals of the prior adoption of the voters

b The Charter Review Commission shall consist of seven 7 unpaid members from the City of

Flagler Beach electors who are not elected officials or employees of the City One 1 member to be appointed
by each of the City Commissioners and the Mayor and one 1 member appointed by a majority vote of the
appointees to serve a term of but not limited to one 1 review period

c A vacancy in the Charter Review Commission shall be filled by appointment of a successor by a

majority vote of the remaining members of the Charter Review Commission

Ord No 99 35 1 10
99
74

Section 9
03 Severability

If any provision of this Charter is held invalid the other provisions of the Charter shall not be affected

thereby If the application of the Charter or any of its provisions to any person or circumstance is held invalid
the application of the Charter and its provisions to other persons or circumstances shall not be affected thereby

ARTICLE X

TRANSITIONAL PROVISIONS

Section 10
01 Officers and employees

Rights and privileges preserved Nothing in this Charter except as otherwisespecifically provided shall
affect impair the rights or privileges of persons who are City officers
or or employees at the time of its adoption

10 Departments offices and agencies

Section 02

a All departments oftces and agencies in existence at the time this Charter is adopted shall remain
in full force and effect unless otherwise abolished by the City Commission

b Property and records All property records and equipment of any department office or agency
existing when this Charter is adopted shall be transferred to the department office or agency assuming its
powers and duties but in the event that the powers or duties are to be discontinued or divided between units or

Page 19 of 21
in the event that any conflict arises regarding a transfer such property records or equipment shall be transferred
to one or more departments offices or agencies designated by the Commission in accordance with this Charter

Section 10
03 Pending matters

All contracts and legal administrative proceedings shall continue

rights claims actions orders or

except as modified pursuant to the provisions of this Charter and in each case shall be maintained carried on or

dealt with by the City department office or agency appropriate under this Charter

Section 10
04 State and municipal laws

City ordinances resolutions orders and regulations are in full force and effect when this Charter
All
becomes fully effective All City ordinances resolutions orders and regulations are repealed to the extent that

they are inconsistent or interfere with the effective operation of this Charter or of ordinances or resolutions
adopted pursuant thereto To the extent that the constitution and laws of the State of Florida pernlit all laws
relating to or affecting this City or its agencies officers or employees which are in force when this Charter
becomes fully effective are superseded to the extent that they are inconsistent or interfere with the effective

operation of this Charter or of ordinances or resolutions adopted pursuant thereto

Section 10
05 Schedule budget

At the time of its adoption this Charter and any amendments shall become law
a

a at
in effect at the time of
adoption of
b Existing budgets
this Charier shall remain in effect until the end of the fiscal year in which this Charter is adopted

Expenditures and commitments of funds against budgeted amounts shall be affected in the manner

prescribed prior to the adoption of this Charter until the end of the fiscal year in which this Charter is adopted
At that time the procedure as outlined in Article V of this Charter shall apply

in this Charter may be made from

Budgetary allocations as are necessary to carry out changes provided
contingency accounts or as provided in Section 5
current 06 herein

Ord No 28
99 1 12
8
99

06 Transitional terms of office

Section 10

In March 2009 the electors of the City of Fla

ler Beach shall elect a yearterm 2009
Mayor for athree 2012

They shall elect two City Commissioners who shall be designated as Seat 1 and Seat 4 The candidate

the amount of votes shall be designated as Seat 1 and shall serve for three years 2009
2012
receiving highest

Page 20 of 21
The candidate receiving the second highest amount of votes shall be dcsi
natcd as Seat 4 and shall serve for a

term of two years 2011

2009 Should any tie or unopposed race occur state statute shall apply

In March 2010 the electors of the City of Flagler Beach shall elect three Commissioners The candidate that
receives the highest number of votes shall be elected for a term of three years 2013 and shall be
2010

designated as Seat 2 The candidate that receives the second highest amount of votes shall be clectcd for a term

2013 and shall be designated as Seat 3 The candidate that receives the third highest
of three years 2010

201 1 and shall be designated as Seat 5

amount of votes shall be elected for a term of one year 2010

In March 201 1 the electors of the City Fla Beach shall elect two Commissioners whose seats
of ler were

previously designated as Seat 4 and 5 Both Commissioners shall be elected for a term of three years 201 1

2014 This concludes the transitional terms

Ord No 99
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Section 10
07 Charter adoption

Upon adoption of this Charter Article 1 Article 2 Sections 2

09 1and Article 7 of the 1992 Charter
are repealed and replaced as adopted November 5 1996 Furthermore the following changes were made in
1999 Article 1 Sections 1 01 and 1 04 Article 2 Sections 2 02 and 2 02
1 9Article 6 Section 6 01
Article 8 Section 8
03 and 8 06 Article 9 Section 9 01 and Article 10 Sections 10
05 and 10 06

Additionally the following amendments were made Article 2 Section 2 01 2 03 2 06 and 2

05 2 09
Article 7 Sections 7
05 1Article 9 Section 9 02 Article 10 Sections 10
06 and 1007 Add to this

section the appropriate documentation for changes as they are made

Amd of 11 96 Ord No 99
5 27 12 Ord No 99
1 99
8 28 12 Ord No 99
1 99
8 35 1 10
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