Florida 2022 Regular Session

Florida House Bill H1043 Compare Versions

Only one version of the bill is available at this time.

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14	14	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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16	16	A bill to be entitled 1
17	17	An act relating to Town of Fort White, Columbia 2
18	18	County; amending ch. 57 -1334, Laws of Florida; 3
19	19	deleting boundaries; revising general powers to borrow 4
20	20	money; revising the selection and terms of members of 5
21	21	the Town Council; providing for the registration of 6
22	22	voters; providing for the salaries of the Mayor and 7
23	23	members of the Town Council, powers of the town, 8
24	24	vacancies in Town Council, and the date of the first 9
25	25	meeting of each newly elected Town Council; removing 10
26	26	provisions relating to special meetings, ordinanc es 11
27	27	and resolutions, and publication of ordinances and 12
28	28	resolutions; removing provisions relating to the 13
29	29	municipal court; providing that the Columbia County 14
30	30	court system will handle all matters requiring court 15
31	31	hearings or appearances; revising provisions rel ating 16
32	32	to the police department and the fire department; 17
33	33	providing and revising requirements for the Town 18
34	34	Clerk; removing provisions relating to the town 19
35	35	auditor, town tax assessor, town treasurer, and tax 20
36	36	administration; revising and providing requirements 21
37	37	for the election of candidates to the office of Town 22
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50	50	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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52	52	Council; removing a provision requiring elections to 23
53	53	be conducted in a specified manner; authorizing the 24
54	54	Town Council to agree to canvass the returns and the 25
55	55	results of an election; requiring the Town C ouncil to 26
56	56	review the returns and declare a winner; revising the 27
57	57	terms of office of councilmembers; providing an 28
58	58	effective date. 29
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60	60	Be It Enacted by the Legislature of the State of Florida: 31
61	61	32
62	62	Section 1. Section 5, subsection (25) of section 7, 33
63	63	sections 8 and 10, subsections (8), (9), and (13) of section 12, 34
64	64	sections 13, 15, 16, 20, and 22 through 82 of chapter 57 -1334, 35
65	65	Laws of Florida, are amended to read: 36
66	66	Section 5. BOUNDARIES. The corporate limits of the Town of 37
67	67	Fort White, a municipal corporation in Columbia County, Florida, 38
68	68	shall extend to and include all certain territories 39
69	69	comprehending and comprising within Section 8(5)(a) the 40
70	70	following described limits, to -wit: Commence at the center of 41
71	71	the intersection of Florida State Highway No. 47 and Unit ed 42
72	72	States Highway 27 and run due South three -quarters of a mile, 43
73	73	thence run due North a mile and a half, thence run due West a 44
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86	86	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88	88	mile and a half, thence run due South a mile and a half, thence 45
89	89	run due East three-quarters of a mile to the point of beginning . 46
90	90	Section 7. GENERAL POWERS. The town shall have the powers, 47
91	91	functions and immunities granted to municipal corporations by 48
92	92	the constitution and general laws of this state, as now or 49
93	93	hereinafter existing, together with the implied powers necessary 50
94	94	to carry into execution all the powers granted. The enumeration 51
95	95	of particular powers by this charter shall not be deemed to be 52
96	96	exclusive, and in addition to the powers enumerated herein or 53
97	97	implied hereby, or appropriate to the exercise of such powers, 54
98	98	it is intended that the town shall have and exercise all powers 55
99	99	which it would be competent for this charter specifically to 56
100	100	enumerate. The following are among the powers of the said town, 57
101	101	subject to the limitations hereinafter expressed: 58
102	102	(25) To borrow money for a period not longer than the 59
103	103	remainder of the fiscal year in which the loan is made , and this 60
104	104	power shall be in addition to the other powers to borrow money 61
105	105	set forth in this charter, or granted by the general laws of 62
106	106	this state; 63
107	107	Section 8. NUMBER, ELECTION SELECTION, TERM. 64
108	108	(1) The Town Council shall consist of five (5) electors 65
109	109	who shall be designated as follows: 66
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122	122	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125	125	Mayor 68
126	126	Councilmember Councilman Seat One 69
127	127	Councilmember Councilman Seat Two 70
128	128	Councilmember Councilman Seat Three 71
129	129	Councilmember Councilman Seat Four 72
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131	131	(2) The Mayor and the other four councilmen shall be 74
132	132	elected at large, and shall hold office for four (4) three (3) 75
133	133	years. The members of the Town Council shall be elected by a 76
134	134	vote of the qualified voters from respective districts in which 77
135	135	councilmembers run for office. Councilmembers shall be elected 78
136	136	for a term of four (4) years. The election of the Mayor and 79
137	137	councilmembers shall be in the manner provided for in this 80
138	138	charter and under general law except as otherwise provided for 81
139	139	in this charter, and shall be elected in the manner provided for 82
140	140	in this charter. 83
141	141	(3) The term of office of all members of the Town Council 84
142	142	shall commence at the beginning of the next regular or special 85
143	143	meeting after the election results are final in accordance wit h 86
144	144	this charter 8:00 O'clock P. M. on the fourth Tuesday of August 87
145	145	of the year in which such councilmen are elected . 88
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158	158	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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160	160	(4) The first elections of the Mayor and Town 89
161	161	Councilmembers under this provision shall be held on the first 90
162	162	(1st) Tuesday of November 202 0 and shall affect those elected on 91
163	163	that date for their terms of office. The Mayor shall be elected 92
164	164	for a term of four (4) years, and an election for the seat of 93
165	165	Mayor shall be held every four (4) years thereafter. 94
166	166	Councilmembers from Districts 3 and 4 sha ll be elected for a 95
167	167	term of four (4) years, and thereafter said district seats shall 96
168	168	be filled every four (4) years. Councilmembers from Districts 1 97
169	169	and 2 shall be elected for an initial term of two (2) years and 98
170	170	thereafter shall be elected for a term of f our (4) years. 99
171	171	(5)(a) The districts from which members of the Town 100
172	172	Council of the Town of Fort White shall be elected are defined 101
173	173	as follows: 102
174	174	1. District 1: Start on the town's northern boundary at SW 103
175	175	State Road 47 and go south on State Road 47 to US H ighway 27 to 104
176	176	SW County Road 18, thence east on County Road 18 to the Town's 105
177	177	boundary, including all property in said northeast quadrant of 106
178	178	the Town of Fort White. 107
179	179	2. District 2: Start on the town's eastern boundary at SW 108
180	180	County Road 18, thence west to SW US Highway 27, thence go south 109
181	181	on SW US Highway 27 to the town's southern boundary, including 110
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194	194	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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196	196	all of the property in said southeast quadrant of the Town of 111
197	197	Fort White. 112
198	198	3. District 3: Start on the town's western boundary as SW 113
199	199	Wilson Springs Road and the nce go east on Wilson Springs Road to 114
200	200	SW Skye Avenue thence go north on SW Skye Avenue to SW Jordan 115
201	201	Street, thence go east on SW Jordan Street to SW Highway 237 116
202	202	thence go east and southeast on SW US Highway 27 to the town's 117
203	203	southern boundary, including all of the property in said 118
204	204	southwest quadrant of the Town of Fort White. 119
205	205	4. District 4: Start on the Town's northern boundary at 120
206	206	State Road 47 and thence go south on State Road 47 to US Highway 121
207	207	27, thence go west on US Highway 27 to SW Jordan Street, thenc e 122
208	208	go west on SW Jordan Street to SW Skye Avenue, thence to south 123
209	209	on SW Skye Avenue to SW Wilson Springs Road, thence go west on 124
210	210	SW Wilson Springs Road to the Town's western boundary, including 125
211	211	all of the property in said northwest quadrant of the Town of 126
212	212	Fort White. 127
213	213	(b) The districts provided in subparagraphs (a)1. -4. are 128
214	214	intended to be a division of the Town of Fort White into four 129
215	215	(4) districts which are to have equal numbers of citizens and 130
216	216	equal numbers of voters. It is the further intent of this 131
217	217	charter amendment that the boundaries of said districts shall be 132
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232	232	changed when necessary to provide an approximate numerical 133
233	233	equalization of citizens and voters in each of said districts. 134
234	234	It is contemplated that the said changes will be made only when 135
235	235	differences are substantial and it is not contemplated that said 136
236	236	districts will always have, or will ever have, the same number 137
237	237	of citizens and voters without any variation. Said changes shall 138
238	238	be made in the same manner as other amendments to this charter. 139
239	239	(c) Only qualified voters residing in a particular 140
240	240	district shall be allowed to vote in the election of the 141
241	241	Councilmember to represent said district. However, any citizen 142
242	242	of the Town of Fort White otherwise qualified may run for the 143
243	243	office of Mayor or Councilmem ber from any district, regardless 144
244	244	of whether said member resides in the particular district in 145
245	245	which he or she runs for office. 146
246	246	(6) The registration of voters shall be as provided in 147
247	247	this charter. Registration of voters in order to qualify to vote 148
248	248	in elections shall be made in the office of the Supervisor of 149
249	249	Elections of Columbia County, Florida. The registration of a 150
250	250	voter shall include a designation as to the district in which 151
251	251	said voter resides within the Town of Fort White. Registration 152
252	252	of voters shall be made at least thirty (30) days before the day 153
253	253	of any town election. An oath shall be given by the registration 154
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266	266	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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268	268	officer or the person appointed to make such registrations by 155
269	269	the Town Council, which oath shall be that the information given 156
270	270	by the registrant is true and correct. The information required 157
271	271	shall be that required by this charter, including information 158
272	272	regarding the residence of the voter for the purpose of 159
273	273	determining whether said registrant is a qualified voter of the 160
274	274	Town of Fort White, and for the purpose of determining in which 161
275	275	district of this Town of Fort White the registrant resides. 162
276	276	Section 10. SALARY. The Mayor shall may receive a minimum 163
277	277	salary of $600 per month and members of to be fixed by the Town 164
278	278	Council of the Town of Fort White shall receive a minimum salary 165
279	279	of $200 provided, however, the salary of the Mayor shall not 166
280	280	exceed Twenty ($20.00) Dollars per month to be paid on the first 167
281	281	(1st) day of each and every month hereafter. The Town Council 168
282	282	shall set the salaries of the M ayor and councilmembers by 169
283	283	ordinance enacted pursuant to general laws which shall provide 170
284	284	notice to the members of the public regarding the readings of 171
285	285	such ordinance and the proposed enactment thereof. This action 172
286	286	shall be effective immediately upon adopt ion. 173
287	287	Section 12. POWERS. Except as otherwise provided in this 174
288	288	charter, all powers of the town, and the determination of all 175
289	289	matters of policy shall be vested in the Town Council. Without 176
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302	302	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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304	304	limitation of the foregoing, the Town Council shall have power 177
305	305	to: 178
306	306	(8) Remit, upon the recommendation of a county judge the 179
307	307	municipal judge, fines or other penalties imposed by the 180
308	308	municipal court; 181
309	309	(9) Pass ordinances and laws for the preservation of the 182
310	310	public peace and order, and impose penalties for the violatio n 183
311	311	thereof; provided, that the maximum penalty to be imposed shall 184
312	312	be a fine of not more than five hundred dollars and imprisonment 185
313	313	for a period of time not longer than sixty days ; 186
314	314	(13) Appoint, remove and fix the compensation of the Town 187
315	315	Attorney, municipal judge, town prosecutor, town auditor, town 188
316	316	clerk, town tax assessor, and all other town employees; 189
317	317	Section 13. VACANCIES IN TOWN COUNCIL. In the event of a 190
318	318	Any vacancy in the office of the Mayor or a member of the Town 191
319	319	Council, the remaining members of the Town Council shall appoint 192
320	320	a qualified citizen to fill the balance of the term of the 193
321	321	vacancy of either the Mayor or the Town Council seat. Such 194
322	322	appointment shall be made within sixty (60) days of the vacancy 195
323	323	unless such time period is extended by the Town Council. In the 196
324	324	event that there is not a quorum to appoint a replacement for a 197
325	325	vacancy, within a reasonable time, the seat of Mayor or member 198
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338	338	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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340	340	of the Town Council be filled until the next regular municipal 199
341	341	election by vote of the; provided, that if such vacancy is not 200
342	342	filled within ten (10) days after it shall have occurred, it 201
343	343	shall be filled by appointment of the Governor. Any such 202
344	344	appointments shall continue until the end of the unexpired term 203
345	345	of such seat and until a successor is elected and s worn into 204
346	346	office. 205
347	347	Section 15. INDUCTION OF TOWN COUNCIL INTO OFFICE; MEETING 206
348	348	OF TOWN COUNCIL. The first meeting of each newly elected Town 207
349	349	Council, for induction into office, shall be held at 6:00 8:00 208
350	350	O'clock P. M., on the fourth (4th) Monday in the mo nth day 209
351	351	following its election, after which the Town Council shall meet 210
352	352	regularly at such times as may be prescribed by its rules, but 211
353	353	not less frequently than once each month. All meetings of the 212
354	354	Town Council shall be open to the public. 213
355	355	Section 16. SPECIAL MEETINGS: HOW CALLED. The Mayor, or any 214
356	356	two (2) members of the Town Council may call special meetings of 215
357	357	the Town Council, upon at least six (6) hours written notice to 216
358	358	each member, served personally or left at his usual place of 217
359	359	residence or place o f business. All meetings of the Town Council 218
360	360	and of the committee thereof shall be public, and any citizens 219
361	361	shall have access to the minutes and records thereof at all 220
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374	374	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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376	376	reasonable times. 221
377	377	Section 20. ORDINANCES AND RESOLUTIONS. Every proposed 222
378	378	ordinance or resolution shall be introduced in written or 223
379	379	printed form and shall not contain more than one (1) subject, 224
380	380	but general appropriation ordinance may contain the various 225
381	381	subjects and accounts for which moneys are to be appropriated. 226
382	382	The enacting clause of al l ordinances shall be "Be It Enacted by 227
383	383	The People of the Town of Fort White, Florida." No ordinance, 228
384	384	unless it shall be an emergency measure, shall be passed until 229
385	385	it shall have been read at two (2) meetings, not less than one 230
386	386	week apart, or unless the re quirement of such readings has been 231
387	387	dispensed with by unanimous vote of the Town Council . 232
388	388	Section 22. AUTHENTICATING: PUBLICATION. Every ordinance or 233
389	389	resolution shall, upon its final passage be recorded in a book 234
390	390	kept for the purpose and shall be authen ticated by the 235
391	391	signatures of the presiding officer and the clerk of the Town 236
392	392	Council. Every ordinance of a general or permanent nature shall 237
393	393	be published once within ten (10) days after its final passage 238
394	394	in a newspaper of general circulation in the Town of Fort White, 239
395	395	Florida, or by posting said ordinance in three (3) separate 240
396	396	public places for a period of ten (10) days after its final 241
397	397	passage. 242
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410	410	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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412	412	Section 23. APPOINTMENT; LEGAL ADVISOR TO TOWN; PREPARATION 243
413	413	AND APPROVAL OF LEGAL INSTRUMENTS; DEFEND AND PROSE CUTE IN 244
414	414	BEHALF OF TOWN. The Town Council shall appoint a Town Attorney 245
415	415	who shall act as the legal advisor to, and attorney and 246
416	416	counselor for the municipality and all of its officers in 247
417	417	matters relating to their official duties. The Town Attorney He 248
418	418	shall prepare all contracts, bonds and other instruments in 249
419	419	writing, in which the municipality is concerned, and shall 250
420	420	endorse on each his or her approval of the form and correctness 251
421	421	thereof. When required to do so, the Town Attorney he shall 252
422	422	prosecute and defend for and in behalf of the town, all 253
423	423	complaints, suits, and controversies in which the town is a 254
424	424	party. The Town Attorney He shall furnish the Town Council, the 255
425	425	head of any department or any officer, not included in any 256
426	426	department, his or her opinion on any question of law relating 257
427	427	to their respective powers and duties. For these services, the 258
428	428	Town Attorney he shall receive such compensation as the Town 259
429	429	Council may determine by record vote. 260
430	430	Section 24. TO PERFORM DUTIES REQUIRED BY TOWN COUNCIL, 261
431	431	STATE LAW AND CHARTER. In addition to the duties, specifically 262
432	432	imposed under the preceding section, the Town Attorney he shall 263
433	433	perform such other professional duties as may be required of him 264
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446	446	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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448	448	or her by ordinance or resolution of the Town Council or as 265
449	449	prescribed, for Town Attorney under the general laws of the 266
450	450	State which are not inconsistent with the charter and with any 267
451	451	ordinance or resolution which may be passed by the Town Council. 268
452	452	The Town Attorney He shall receive such compensation as the Town 269
453	453	Council may determine by record vote. 270
454	454	Section 25. QUALIFICATIONS. The Town Attorney shall be a 271
455	455	lawyer with laywer of at least five (5) years of experience, 272
456	456	admitted in and having authority to practice i n all courts of 273
457	457	the State. 274
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459	459	ARTICLE IV 276
460	460	COURT MATTERS 277
461	461	MUNICIPAL COURT 278
462	462	Section 26. ESTABLISHMENT; APPOINTMENT OF MUNICIPAL JUDGE; 279
463	463	POWER OF MAYOR DURING ABSENCE OF JUDGE; SESSIONS OF COURT. All 280
464	464	matters requiring court hearings or appearances for any resident 281
465	465	of the Town of Fort White will be handled by the Columbia County 282
466	466	Clerk of Courts There shall be and there is hereby established 283
467	467	in the Town of Fort White a municipal court to be known as the 284
468	468	"Municipal Court of the Town of Fort White, Florida," fo r the 285
469	469	trial of all offenders against the municipal ordinances. Such 286
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482	482	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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484	484	court shall be presided over by a municipal judge who shall be 287
485	485	the Mayor. Sessions of the municipal court may be held daily 288
486	486	except Sundays and holidays . 289
487	487	Section 27. POWERS AND DUTIES, G ENERALLY. The municipal 290
488	488	judge shall have power by his warrant to have brought before him 291
489	489	any person or persons charged with violation of the town 292
490	490	ordinances, and shall have exclusive original jurisdiction over 293
491	491	all proceedings of a criminal nature for the v iolation of any 294
492	492	ordinance of the town. In the proper exercise of the functions 295
493	493	of the municipal court within its jurisdiction as herein 296
494	494	defined, the municipal judge shall have power and is authorized 297
495	495	to issue and cause to be served search warrants and any and all 298
496	496	other writs and processes such as are issued and used by county 299
497	497	judges and justices of peace in the State of Florida, and the 300
498	498	police of the Town of Fort White are authorized and it is made 301
499	499	their duty to execute and serve any and all such writs and 302
500	500	processes issued out of the said municipal court by the 303
501	501	municipal judge, and to make proper returns upon the same to 304
502	502	such municipal court in the same manner as is required of 305
503	503	constables, sheriffs, deputy sheriffs, and any other officer in 306
504	504	the execution of similar papers. The municipal judge shall have 307
505	505	power and authority to take bail for the appearance of an 308
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518	518	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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520	520	accused person, if such person fail to appear, to declare such 309
521	521	bond or security estreated; to require the attendance of 310
522	522	witnesses for the town and for the accused person, to administer 311
523	523	oaths, take affidavits; and to inquire into the truth of falsity 312
524	524	of all charges preferred; to decide on the guilt or innocence of 313
525	525	the accused, and to fix and to impose penalties by sentences as 314
526	526	are prescribed and provided for under the ordinances of the 315
527	527	town, and to have all powers incidental and usual to the due 316
528	528	enforcement of such town ordinances. 317
529	529	Section 28. AUTHORITY TO PRESERVE ORDER; DISPOSITION OF 318
530	530	MONEYS COLLECTED. The municipal court shall have authority to 319
531	531	preserve order and decorum and shall be invested with the same 320
532	532	powers to that end, by fine and imprisonment, as are possessed 321
533	533	and authorized to be exercised by criminal courts of records 322
534	534	within the State. All fines, penalties and fees collected in the 323
535	535	municipal court and by the police of the town shall be part of 324
536	536	the revenue of the town and shall be paid to the finance 325
537	537	department on the date on which collected, and receipt taken 326
538	538	thereof. The moneys so paid into the Town Treasury may be by 327
539	539	ordinance of the Town Council, appropriated to any particular 328
540	540	fund and shall thereafter be used in accordance with such 329
541	541	ordinance. 330
542	542
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554	554	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
555	555
556	556	Section 29. REMISSION OF FINES AND PENALTIES. The municipal 331
557	557	judge may, in his discretion, remit all, or part of any fines, 332
558	558	costs or penalties im posed in said court and may suspend the 333
559	559	enforcement of any sentence imposed in such court. 334
560	560	Section 30. ENTRY ON DOCKET SUFFICIENT FOR TRIAL. 335
561	561	Entry of the charge on the docket of the municipal court of the 336
562	562	Town of Fort White shall be sufficient for the purpose of trying 337
563	563	any person charged with an offense against the town ordinances. 338
564	564	Section 27. 31. POLICE DEPARTMENT. The police force of the 339
565	565	Town of Fort White shall consist of a Chief of Police and as 340
566	566	many subordinate officers, policemen and employees as the Town 341
567	567	Council shall by ordinance determine. The Chief of Police shall 342
568	568	have exclusive control of the stationing and transfer of all 343
569	569	patrolmen and other officers and employees constituting the 344
570	570	police force, subject to and under such rules and regulatio ns as 345
571	571	the Town Council may prescribe or as may be prescribed by the 346
572	572	ordinances of the town. Any police officer of the Town of Fort 347
573	573	White shall have and is hereby empowered with the full right and 348
574	574	authority to make arrests beyond the corporate limits of sai d 349
575	575	town for violation of Chapters 317, and 901.15, Florida Statutes 350
576	576	Annotated, as amended where the violation occurs within the 351
577	577	limits of said Town of Fort White and the violator is 352
578	578
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590	590	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
591	591
592	592	immediately pursued to a point outside the boundary limits of 353
593	593	said town. 354
594	594	Section 28. 32. POLICE DEPARTMENT-POWERS AND DUTIES OF 355
595	595	CHIEF OF POLICE. The Chief of Police shall attend all meetings 356
596	596	of the Town Council and aid in the enforcement of orders under 357
597	597	the direction of the presiding officer. He or she shall execute 358
598	598	the commands of the Town Council and all processes issued by 359
599	599	authority thereof which shall be issued to him or her by the 360
600	600	Mayor. He or she shall attend in person or by deputy the 361
601	601	municipal court during its sittings, execute the commands and 362
602	602	processes of said court, aid in the enforcement of orders 363
603	603	therein and perform such other duties appropriate to his or her 364
604	604	office as may be imposed upon him or her by law, the ordinances 365
605	605	of the town, consistent with this Act. 366
606	606	Section 29. 33. FIRE DEPARTMENT. The fire force of th e town 367
607	607	shall be provided by Columbia County fire warden and as many 368
608	608	subordinate officers, firemen and employees as the Town Council 369
609	609	shall by ordinance determine . The Columbia County fire chief 370
610	610	shall have exclusive control of the stationing and transfer of 371
611	611	all firefighters firemen and other officers and employees of the 372
612	612	fire force subject to such rules and regulations as may be 373
613	613	prescribed by ordinance of the town; the fire chief he shall 374
614	614
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626	626	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
627	627
628	628	have exclusive management and control of such officers and 375
629	629	employees as may be employed in the administration of the 376
630	630	affairs of the fire chief's his force. In case of riot, 377
631	631	conflagration of like emergency, the Mayor may appoint 378
632	632	additional firemen for tempo rary service. The fire chief shall 379
633	633	have the right to suspend any officer or employee of the fire 380
634	634	force because of incompetency, neglect of duty, drunkenness, 381
635	635	failure to obey orders given by proper authority or for any 382
636	636	other just or reasonable cause, and he shall immediately report 383
637	637	the fact of such suspension to the Town Council for final 384
638	638	action. 385
639	639	386
640	640	ARTICLE VI 387
641	641	TOWN AUDITOR, TOWN CLERK, TOWN TAX ASSESSOR 388
642	642	AND TOWN TREASURER 389
643	643	390
644	644	Section 30. 34. TOWN CLERK. The Town Council shall appoint 391
645	645	an officer of the town who shall have the title of Town Clerk. 392
646	646	The Town Clerk He shall: 393
647	647	(1) Serve at the pleasure of the Town Council and shall be 394
648	648	under its direction and control. 395
649	649	(2) He shall Receive a salary to be fixed by the Town 396
650	650
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662	662	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
663	663
664	664	Council. 397
665	665	(3) He shall Give notice of the meetings of the Town 398
666	666	Council and:; shall 399
667	667	(a) Keep the journal of its proceedings; 400
668	668	(b) shall Be custodian of the town's seal; 401
669	669	(c) shall Authenticate by his or her signature and record 402
670	670	in full a book kept for that purpose all ordinances and 403
671	671	resolutions. 404
672	672	(4) Ensure that town elections are conducted in accordance 405
673	673	with Florida law, including the qualification of all candidates, 406
674	674	receiving and maintaining candidate reports, and assisting with 407
675	675	Canvassing Board meetings. 408
676	676	(5) Exercise financial budgetary co ntrol over every 409
677	677	department, board, mission, and agency of the town to ensure 410
678	678	that all moneys are legally expended, and that budget 411
679	679	appropriations are not exceeded. 412
680	680	(6) Prescribe the forms of accounting and the forms of 413
681	681	receipts, vouchers, bills, claims or other forms to be used by 414
682	682	all the offices, departments, boards, commissions, and agencies 415
683	683	of the town government, in and about its fiscal affairs. 416
684	684	(7) Audit all bills, invoices, payrolls, and other 417
685	685	evidence of claims, demands or charges against the to wn 418
686	686
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698	698	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
699	699
700	700	government. 419
701	701	(8) Inspect and audit any accounts or records which may be 420
702	702	maintained in any office, department, or agency of the town 421
703	703	government. 422
704	704	(9) Manage the Town of Fort White Water Utility including 423
705	705	requests for service, billing, and collections. 424
706	706	(10) Coordinate with all elected officials of Columbia 425
707	707	County and the City of Lake City in matters of interest to the 426
708	708	Town. 427
709	709	(11) Maintain the Town of Fort White website. 428
710	710	(12) Receive applications on behalf of the town for 429
711	711	development orders, permits, and licenses ensuring that all 430
712	712	orders, permits, licenses are complete and meet the requirements 431
713	713	of applicable law and policy. 432
714	714	(13) Coordinate, plan, and work with the Town Attorney, as 433
715	715	necessary. 434
716	716	(14) Review applicable federal, state, and local laws a s 435
717	717	needed. 436
718	718	(15) Oversee the operations of the town including, but not 437
719	719	limited to, maintenance and repairs. ; shall perform the duties 438
720	720	of registration officer and shall 439
721	721	(16) Perform any other duties required by this charter. If 440
722	722
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734	734	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
735	735
736	736	a person qualified to fill the positions be available, the 441
737	737	office of town clerk may, at the discretion of the Town Council, 442
738	738	be combined with that of the town auditor, town tax assessor and 443
739	739	town treasurer. Notwithstanding any other provisions of law, or 444
740	740	of this charter, the office of the town clerk shall never be 445
741	741	combined with any office other than town auditor, town tax 446
742	742	assessor, or town treasurer, or given any other duties except 447
743	743	those specifically delegated in this charter to either the town 448
744	744	auditor, town tax assessor or town treas urer. 449
745	745	Section 35. TOWN AUDITOR. The Town Council shall appoint an 450
746	746	officer of the town who shall have the title of town auditor. He 451
747	747	shall serve at the pleasure of the Town Council and shall be 452
748	748	under its direction and control. He shall receive a salary to be 453
749	749	fixed by the Town Council. He shall have knowledge of accounting 454
750	750	and shall have had experience in budgeting and financial 455
751	751	control. If a person qualified to fill the positions be 456
752	752	available, the office of the town auditor may, at the discretion 457
753	753	of the Town Council, be combined with that of town clerk, town 458
754	754	tax assessor and town treasurer. Notwithstanding any other 459
755	755	provision of law, or of this charter, the office of town auditor 460
756	756	shall never be combined with any office other than that of town 461
757	757	clerk, town tax assessor, or town treasurer, or given any other 462
758	758
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770	770	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
771	771
772	772	duties except those specifically delegated in this charter to 463
773	773	either the town clerk, town tax assessor or town treasurer. The 464
774	774	town auditor shall have power and be required to: 465
775	775	(1) Exercise financial budge tary control over every 466
776	776	department, board, commission and agency of the town to insure 467
777	777	that all moneys are legally expended, and the budget 468
778	778	appropriations are not exceeded; 469
779	779	(2) Prescribe the forms of accounting and the forms of 470
780	780	receipts, vouchers, bills, claims or other forms to be used by 471
781	781	all the offices, departments, boards, commissions, and agencies 472
782	782	of the town government, in and about its fiscal affairs; 473
783	783	(3) Audit all bids, invoices, payrolls and other evidences 474
784	784	of claims, demands or charges against the town government; 475
785	785	(4) Inspect and audit any accounts or records which may be 476
786	786	maintained in any office, department or agency of the town 477
787	787	government. 478
788	788	Section 36. TOWN TAX ASSESSOR. The Town Council shall 479
789	789	appoint an officer of the town who shall ha ve the title of town 480
790	790	tax assessor. He shall serve at the pleasure of the Town Council 481
791	791	and shall be under its direction and control. He shall receive a 482
792	792	salary to be fixed by the Town Council. He shall prepare tax 483
793	793	maps, assess all properties within the corpo rate limits of the 484
794	794
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806	806	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
807	807
808	808	town for taxation and shall perform all the usual duties of a 485
809	809	tax assessor. If a person qualified to fill the positions be 486
810	810	available, the office of the town tax assessor may, at the 487
811	811	discretion of the Town Council, be combined with that o f town 488
812	812	clerk, town auditor and town treasurer. Notwithstanding any 489
813	813	other provision of law, or of this charter, the office of town 490
814	814	tax assessor shall never be combined with any office other than 491
815	815	that of town clerk, town auditor, or town treasurer, or given 492
816	816	any other duties except those specifically delegated in this 493
817	817	charter to either the town clerk, the town auditor, or the town 494
818	818	treasurer. 495
819	819	Section 37. TOWN TREASURER. The Town Council shall appoint 496
820	820	an officer of the town who shall have the title of town 497
821	821	treasurer. He shall serve at the pleasure of the Town Council 498
822	822	and shall be under its direction and control. He shall receive a 499
823	823	salary to be fixed by the Town Council. He shall have knowledge 500
824	824	of municipal accounting and taxation and shall have had 501
825	825	experience in budgeting and financial control. If a person 502
826	826	qualified to fill the position be available, the office of the 503
827	827	town treasurer may, at the discretion of the Town Council, be 504
828	828	combined with that of the town auditor, town clerk, and town tax 505
829	829	assessor. The town treasurer shall provide a bond with surety 506
830	830
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842	842	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
843	843
844	844	and in such amount as the Town Council may require. The town 507
845	845	treasurer shall have charge of the administration of the 508
846	846	financial affairs of the town under the supervision of the Town 509
847	847	Council. 510
848	848	Section 38. PROPERTY SUBJECT TO TAX; METHOD OF ASSESSMENT. 511
849	849	All property within the town, not expressly exempted by law, 512
850	850	shall be·subject to annual taxation at its true cash value. For 513
851	851	the purpose of assessment, the soil shall be known as "Land," 514
852	852	and everything attached ther eto shall be known as 515
853	853	"Improvements," and such "Improvements," when owned by the 516
854	854	tenant, may be assessed in his or her name, apart from the land. 517
855	855	Articles other than "Land" or "Improvements" shall be known as 518
856	856	"Personal Property." All property shall be asse ssed as of the 519
857	857	1st day of January of the fiscal year for which such assessment 520
858	858	is made, and the town tax assessor shall begin his work of 521
859	859	assessing real property on such date. On or before the 1st day 522
860	860	of May of each fiscal year, he shall present to the tre asurer 523
861	861	and collector a true copy of the assessment roll of the property 524
862	862	taxable within the town, to be known as the assessor's 525
863	863	duplicate. The treasurer and collector shall make such copy of 526
864	864	the assessment roll available for public inspection during the 527
865	865	period from the 1st day of May to the 15th day of May. 528
866	866
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878	878	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
879	879
880	880	Section 39. ASSESSMENT OF PROPERTY OF PUBLIC UTILITY 529
881	881	COMPANIES. Public utility companies shall be subjected to 530
882	882	taxation on all real and personal property owned or operated by 531
883	883	them within the limits of the municipal corporation, in the same 532
884	884	manner and at the same rate of valuation as all other property. 533
885	885	Franchises and privileges owned by public utility companies and 534
886	886	other corporations, part of which is, and part of which is not, 535
887	887	subject to taxation for the various purposes other than ordinary 536
888	888	municipal purposes, shall be so assessed as to show the 537
889	889	valuation or part of the whole valuation subject to taxation for 538
890	890	each purpose. The town tax assessor shall specify what portion 539
891	891	of the property assessed is use d for right of way and depot 540
892	892	purposes, by such description as will clearly define the 541
893	893	property covered by that assessment, and their property, other 542
894	894	than that so described, shall be separately assessed by 543
895	895	sufficient description as is other property, each l ot, part of 544
896	896	lot, or tract being assessed separately, except that the town 545
897	897	tax assessor may, at the request of the company or its agents, 546
898	898	assess several pieces together. 547
899	899	Section 40. CORRECTION OF ASSESSMENT. If the town tax 548
900	900	assessor shall discover that a ny land in the town was omitted in 549
901	901	the assessment roll of either or all of the three previous 550
902	902
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914	914	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
915	915
916	916	years, or that any land was illegally sold for taxation and is 551
917	917	then liable to taxation, he shall assess such lands for the next 552
918	918	fiscal year, and shall also assess the same separately for each 553
919	919	such year or years as may have been omitted, or was illegally 554
920	920	sold for taxes, at the cash value thereof at the time, noting 555
921	921	distinctly the year or years when such omission occurred, and 556
922	922	such assessment was omitted, and taxes s hall be levied and 557
923	923	collected thereon in like manner, together with the taxes for 558
924	924	the year in which assessment is being made; but no land shall be 559
925	925	assessed for more than three years arrears of taxes, and all 560
926	926	land shall be subject to be assessed into whomsoe ver's hands 561
927	927	they may come. 562
928	928	Section 41. BOARD OF EQUALIZATION. There shall be an 563
929	929	equalizing board of the town composed of the members of the Town 564
930	930	Council, and it shall meet on the first Monday in July each 565
931	931	year. The town clerk shall be the clerk of such board, and shall 566
932	932	keep an accurate record of all the changes made in the valuation 567
933	933	of the property, and all other proceedings of such board. 568
934	934	Section 42. THE EQUALIZING BOARD; POWERS AND DUTIES. The 569
935	935	equalizing board shall have power to review all complain ts of 570
936	936	property owners assessed for the purpose of taxation of real 571
937	937	property within the town made by the town tax assessor, 572
938	938
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950	950	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
951	951
952	952	administer oaths, take testimony, hold hearings, and adopt 573
953	953	regulations regarding the procedure of assessment review. 574
954	954	Section 43. MEETINGS. The equalizing board may adjourn 575
955	955	from day to day until its work is completed, and three members 576
956	956	shall constitute a quorum to transact business. If no quorum is 577
957	957	present, the town clerk may adjourn the board from day to day, 578
958	958	and publicly announce t he time to which the meeting is to be 579
959	959	adjourned. 580
960	960	Section 44. PUBLIC HEARING ON COMPLAINTS; NOTICE. Beginning 581
961	961	on the first Monday of July of each fiscal year, and as long 582
962	962	thereafter as may be necessary, the equalizing board shall hear 583
963	963	and determine the complaint of any person in relation to the 584
964	964	assessment roll. Complaints to the equalizing board shall be in 585
965	965	writing. The procedure before such board shall be informal, and 586
966	966	of a nature calculated to effect justice as simply as possible. 587
967	967	Hearings on such compl aints shall be held in the order as 588
968	968	received and as promptly after the filing thereof as possible, 589
969	969	and the determination of the equalizing board shall be made 590
970	970	within twenty days after such filing. Such determination shall 591
971	971	be immediately certified by the eq ualizing board to the town tax 592
972	972	assessor, whose duty it shall be to make such corrections upon 593
973	973	the assessment roll and duplicate as the board may determine. 594
974	974
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986	986	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
987	987
988	988	Section 45. NOTICE. Not earlier than fifteen days and not 595
989	989	later than five days prior to the annua l meeting of the 596
990	990	equalizing board, the town clerk shall cause to be published in 597
991	991	a newspaper of the town a notice that the town assessment roll 598
992	992	is open to the public for inspection, and that the assessment 599
993	993	roll will be submitted to the equalizing board for approval on 600
994	994	the date and at the time and place fixed for such meeting. 601
995	995	Section 46. EQUALIZATION AND CORRECTION OF ASSESSMENT ROLL. 602
996	996	The equalizing board shall have the right to change the 603
997	997	valuation or assessment of any real or personal property upon 604
998	998	the roll, by increasing or decreasing the assessed valuation 605
999	999	thereof as shall be reasonable and just to render taxation 606
1000	1000	uniform, provided, that the valuation of any real or personal 607
1001	1001	property as assessed by the town tax assessor shall not be 608
1002	1002	increased without first giving the owner notice of the intention 609
1003	1003	of the board to so increase it. Such notice shall be by personal 610
1004	1004	service upon the owner, or by leaving a copy of the written 611
1005	1005	notice at his usual place of business, or last place of 612
1006	1006	residence, and if a non -resident by mailing such notice of his 613
1007	1007	last known address, and such notice shall state therein the time 614
1008	1008	when the board will be in session to act upon the matter. 615
1009	1009	Section 47. SESSIONS TO BE OPEN. The sessions of the 616
1010	1010
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1022	1022	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1023	1023
1024	1024	equalizing board shall be open to the pub lic. 617
1025	1025	Section 48. COMPLETION OF THE ROLL. All changes made by the 618
1026	1026	equalizing board shall be noted in the preliminary assessment 619
1027	1027	roll by the town tax assessor, and, within 10 days after the 620
1028	1028	equalizing board shall have concluded its examination and 621
1029	1029	correction of the assessment roll, it shall be submitted in 622
1030	1030	corrected form, duly Certified to by the town tax assessor as 623
1031	1031	having been corrected and equalized by the equalizing board to 624
1032	1032	the Town Council, and shall stand as the assessment for the year 625
1033	1033	of the taxable property within the town. 626
1034	1034	Section 49. OMISSIONS FROM ASSESSMENT ROLL. The equalizing 627
1035	1035	board must place upon and add to the assessment roll any 628
1036	1036	property, real or personal, subject to taxation, which has been 629
1037	1037	omitted therefrom by the town tax assessor, an d enter the same 630
1038	1038	at such valuation that will bear an equal and just proportion of 631
1039	1039	taxation. 632
1040	1040	Section 50. APPEAL TO THE COURTS. Any person feeling 633
1041	1041	aggrieved by any decision of the equalizing ·board in any matter 634
1042	1042	that he is called upon by such board to correct, alter or change 635
1043	1043	with reference to the listing of valuation of his own property, 636
1044	1044	may appeal to the Circuit Court not later than thirty days after 637
1045	1045	the certification to the town tax assessor. 638
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1058	1058	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1059	1059
1060	1060	Section 51. TAXES; WHEN PAYABLE. All taxes shall be due and 639
1061	1061	payable on the first day of November, in each year, or as soon 640
1062	1062	thereafter as the assessment roll may come into the hands of the 641
1063	1063	town treasurer and collector, of which he shall give notice in a 642
1064	1064	newspaper published in said town, or published in the coun ty 643
1065	1065	where said town is situated, that the taxes are then due and 644
1066	1066	payable. The same discounts shall be allowed on tax payments due 645
1067	1067	the town, as are allowed on tax payments due the counties under 646
1068	1068	the general statutes of the State of Florida. 647
1069	1069	Section 52. WHEN TAX BOOKS CLOSE. The tax books shall close 648
1070	1070	on the 31st day of March, in each year, and the town treasurer 649
1071	1071	and collector shall proceed as hereinafter provided. 650
1072	1072	Section 53. MAY ISSUE DISTRESS WARRANTS. The town treasurer 651
1073	1073	and collector shall have power to issue distress warrants in the 652
1074	1074	name of the state and town to enforce collection of taxes on 653
1075	1075	personal property and privileges. Such warrants may be executed 654
1076	1076	by the chief of police, or by any constable or sheriff, 655
1077	1077	according to the method provided by law f or the collection of 656
1078	1078	state and county taxes lawfully assessed on personal property. 657
1079	1079	Section 54. CONSTITUTE A LIEN. Taxes and assessments, 658
1080	1080	together with the interest imposed for delinquency and cost of 659
1081	1081	collection, shall be and continue a lien upon the pr operty 660
1082	1082
1083	1083	HB 1043 2022
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1094	1094	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1095	1095
1096	1096	assessed, superior to all other liens or claims until the same 661
1097	1097	shall be paid. 662
1098	1098	Section 55. COLLECTION OF TAXES. The town treasurer and 663
1099	1099	collector shall, unless otherwise provided, proceed 664
1100	1100	substantially in the same manner in the collection of taxes, and 665
1101	1101	sale of personal property for non -payment of taxes and licenses 666
1102	1102	as is provided for state collectors under the state law, and he 667
1103	1103	shall be subject to the same penalties as are prescribed by the 668
1104	1104	laws of Florida for any violation of the duties imposed upo n him 669
1105	1105	by this charter. Delinquent taxes due the town on real estate 670
1106	1106	shall be collected in the manner provided by the laws of 671
1107	1107	Florida, and the amount thereof shall be certified to the Town 672
1108	1108	Attorney for that purpose, after the tax books shall close. Such 673
1109	1109	delinquent taxes may be paid to said Town Attorney at any time 674
1110	1110	after such certification, and before sale, upon payment of the 675
1111	1111	amount of such tax, and also all costs and expenses incurred to 676
1112	1112	the date of such payment, including a reasonable attorney fee 677
1113	1113	for such collection. The amount of all taxes, real and personal, 678
1114	1114	shall bear interest at the rate of one per cent per month after 679
1115	1115	the tax books shall close, and the amount of such interest shall 680
1116	1116	be collected when such tax is collected. 681
1117	1117	Section 31 56. LICENSES. The Town Council is authorized to 682
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1130	1130	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1131	1131
1132	1132	levy and impose license taxes by ordinance, for the purpose of 683
1133	1133	regulation and revenue, upon all occupations, and upon any and 684
1134	1134	all privileges, and to create and fix the amounts to be paid; to 685
1135	1135	provide for the collection of t he same, and to provide penalties 686
1136	1136	for failure to pay such license taxes; all such license taxes, 687
1137	1137	so imposed, shall constitute a legal indebtedness to the town, 688
1138	1138	which may be recovered in any court of competent jurisdiction. 689
1139	1139	The Town Council may, by ordinanc e, provide for licensing the 690
1140	1140	keeping of dogs, and for the destruction of dogs, the owner and 691
1141	1141	keeper whereof shall not comply with the regulations prescribed 692
1142	1142	by ordinance in effect thereto, and for the punishment of 693
1143	1143	persons violating the ordinances on this subject. 694
1144	1144	Section 32 57. PERIOD COVERED BY LICENSES. Licenses shall 695
1145	1145	be issued for the periods and be transferable as provided by the 696
1146	1146	general law for state licenses. The agent or agents of non -697
1147	1147	resident proprietors shall be severally responsible for carryi ng 698
1148	1148	on business in like manner as if they were proprietors. The fact 699
1149	1149	that any person, firm or corporation reporting himself or itself 700
1150	1150	as engaged in any business calling, profession or occupation for 701
1151	1151	the transaction of which a license is required, or that pe rson, 702
1152	1152	firm or corporation exhibiting a sign or advertisement 703
1153	1153	indicating engagement in such business calling, profession or 704
1154	1154
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1166	1166	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1167	1167
1168	1168	occupation, shall be conclusive evidence of the liability of 705
1169	1169	such person, firm, or corporation to pay a license. 706
1170	1170	Section 33 58. AUTHORITY OF TOWN TO PURCHASE, OWN AND 707
1171	1171	OPERATE CERTAIN PUBLIC UTILITIES. The Town of Fort White, 708
1172	1172	Florida, is hereby authorized by and through its officers, 709
1173	1173	agents, employees, and representatives, to purchase, build, 710
1174	1174	construct, own, control, repair, lease, operate, manage, extend, 711
1175	1175	or sell an electric light plant, a water works plant, and an ice 712
1176	1176	plant, and any and all other public utility plants, and to 713
1177	1177	prescribe and enforce rates, rules and regulations necessary 714
1178	1178	thereto. 715
1179	1179	Section 34 59. SERVICE OF UTILITIE S TO CONSUMERS OUTSIDE OF 716
1180	1180	TOWN. That The Town Council shall have the power to supply 717
1181	1181	water, electricity, and gas for domestic and other purposes to 718
1182	1182	individuals or corporations outside of said town and to charge 719
1183	1183	and collect reasonable rates, prices and comp ensation therefor, 720
1184	1184	but the Town Council shall charge a higher rate to such 721
1185	1185	consumers than it charges for a like class of consumers within 722
1186	1186	the corporate limits of said town. 723
1187	1187	Section 35 60. AUTHORITY OF TOWN TO SELL PUBLIC UTILITY 724
1188	1188	PLANTS; PROCEDURE. The T own Council may sell the public utility 725
1189	1189	plants owned by the Town of Fort White, or any one or all of 726
1190	1190
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1202	1202	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1203	1203
1204	1204	them, after the Town Council shall have first passed an 727
1205	1205	ordinance in which is stated the terms of purchase, and after 728
1206	1206	such ordinance has been submitted to the qualified electors of 729
1207	1207	said town, who are freeholders, for a period of at least sixty 730
1208	1208	(60) days prior to said election, and such action as is 731
1209	1209	provided, in and by such ordinance is ratified by a majority of 732
1210	1210	those voting at such election. In all other res pects not herein 733
1211	1211	specially provided for, such election shall be called and held 734
1212	1212	as is provided by law for calling and holding bond elections of 735
1213	1213	said town. 736
1214	1214	Section 36 61. CONTRACT WITH PERSONS OUTSIDE TOWN TO 737
1215	1215	FURNISH TOWN WITH ELECTRICITY. The Town Counc il together with 738
1216	1216	the Mayor are hereby authorized and empowered to contract with 739
1217	1217	persons, firms or corporations beyond the limits of said town to 740
1218	1218	furnish electric current to said town, and to construct such 741
1219	1219	lines, wires, poles, towers and conduits as may be necessary to 742
1220	1220	obtain such current. 743
1221	1221	Section 37 62. GRANTING OF FRANCHISES. The town shall have 744
1222	1222	power to grant a franchise to any private corporation for the 745
1223	1223	use of streets and other public places in the furnishing of any 746
1224	1224	public utility service to the tow n and to its inhabitants. All 747
1225	1225	franchises and any renewals, extensions and amendments thereto, 748
1226	1226
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1238	1238	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1239	1239
1240	1240	shall be granted only by ordinance. 749
1241	1241	Section 38 63. FRANCHISES NOT AFFECTED. The provisions of 750
1242	1242	this charter shall not apply to any franchise granted any public 751
1243	1243	utility company prior to the effective date of this charter. 752
1244	1244	Section 39 64. ELECTIONS. A regular or general election of 753
1245	1245	candidates to the office of Town Council shall be held in 754
1246	1246	accordance with the dates established for general elections as 755
1247	1247	provided for by the Florida Election Code. The candidate for each 756
1248	1248	seat to be filled receiving the greatest number of votes in said 757
1249	1249	election shall be declared elected. In the event of a tie 758
1250	1250	between two (2) candidates for any seat upon the Town Council, 759
1251	1251	a run-off special election will be held on a date to be 760
1252	1252	established by the Town Clerk in accordance with s. 105.051, 761
1253	1253	Florida Statutes, of the Florida Election Code The Town Council 762
1254	1254	shall, by ordinance, make all regulations which it considers 763
1255	1255	needful or desirable, not inconsistent with this charter, for 764
1256	1256	the conduct of municipal elections, and for the prevention of 765
1257	1257	fraud therein. Inspectors and clerks of elections shall be 766
1258	1258	appointed by the Town Council . 767
1259	1259	Section 40. 65. ELECTORS. Any person who is a qualified 768
1260	1260	elector of the State of Florida, and who has resided in the town 769
1261	1261	for one (1) year, shall be an elector of this town. 770
1262	1262
1263	1263	HB 1043 2022
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1274	1274	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1275	1275
1276	1276	Section 41. 66. REGISTRATION OF VOTERS. The town clerk 771
1277	1277	shall be the registration officer for the town and shall 772
1278	1278	register all persons applying to him or her whose names are not 773
1279	1279	already borne upon the registration book and who are qualified 774
1280	1280	as electors under the provisions of this charter. For this 775
1281	1281	purpose The registration book shall always be open at the office 776
1282	1282	of the town clerk, except that sam e shall be maintained in 777
1283	1283	accordance with s. 97.055, Florida Statutes, of the Florida 778
1284	1284	Election Code closed for five days before and during the day of 779
1285	1285	any town election. Each person applying to be registered shall 780
1286	1286	make the following oath, which will be admin istered by the 781
1287	1287	registration officer or his or her duly appointed deputy: "I do 782
1288	1288	solemnly swear that I am a bona fide resident of the Town of 783
1289	1289	Fort White and possess all of the qualifications of an elector 784
1290	1290	of said town." Any person taking such oath who shall swear 785
1291	1291	falsely shall be guilty of perjury. The name of each person so 786
1292	1292	registered shall be entered in a book prepared for that purpose, 787
1293	1293	which book shall show, under appropriate heading, the age, 788
1294	1294	color, occupation and exact place of residence of each person s o 789
1295	1295	registered, and whether the registrant is a free holder. The 790
1296	1296	Town Council may, by ordinance, provide for revision of the 791
1297	1297	registration list of voters when, in their opinion, a revision 792
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1299	1299	HB 1043 2022
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1310	1310	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1311	1311
1312	1312	is necessary. 793
1313	1313	Section 42. 67. NOMINATIONS. Any qualified elector of the 794
1314	1314	town may be nominated for the council by petition. A petition 795
1315	1315	for this purpose shall be signed by not less than 10 qualified 796
1316	1316	electors. Each petition shall designate the seat for which the 797
1317	1317	candidate is nominated. The form of the nominating petition 798
1318	1318	shall be substantially as follows: 799
1319	1319	We, the undersigned electors of the Town of Fort 800
1320	1320	White, hereby nominate 801
1321	1321	..................................., whose residence 802
1322	1322	is .................................., for the office 803
1323	1323	of Councilman, Seat No.........., Mayor (stri ke out 804
1324	1324	portion not applicable), to be voted for at the 805
1325	1325	election to be held on the . . . . day of .........., 806
1326	1326	20 19 .... ; and we individually certify that our 807
1327	1327	names appear on the rolls of registered voters, that 808
1328	1328	we are qualified to vote for a candidate for the 809
1329	1329	council. 810
1330	1330	Name Street and Address from which last Date of Number 811
1331	1331	Registered (if different) Signing 812
1332	1332	813
1333	1333	(SPACES FOR SIGNATURES AND REQUIRED DATA) 814
1334	1334
1335	1335	HB 1043 2022
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1346	1346	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1347	1347
1348	1348	815
1349	1349	For the November 8, 2022, election each petition must be 816
1350	1350	received prior to 12:01 P. M. on August 2, 2022. Thereafter, 817
1351	1351	each petition must be submitted before noon of the 28th day 818
1352	1352	preceding the first day of the qualifying period for the office 819
1353	1353	sought to the town clerk. The town clerk shall make a record of 820
1354	1354	the exact time at which each petition is filed, and shall take 821
1355	1355	and preserve the name and address of the person by whom it is 822
1356	1356	filed. The town clerk shall check the signatures on the 823
1357	1357	petitions to verify their status as voters in the Town. If a 824
1358	1358	petition is found insufficient, the town clerk shall return it 825
1359	1359	immediately to the person who filed it with a statement 826
1360	1360	certifying wherein the petition is found insufficient. No later 827
1361	1361	than the 7th day before the first day of the qualifying period, 828
1362	1362	the town clerk shall certify the number of valid signatures. 829
1363	1363	830
1364	1364	Each petition must be submitted before noon of the 28th day 831
1365	1365	preceding the first day of the qualifying period for the office 832
1366	1366	sought to the Town Clerk. The Town Clerk shall check the 833
1367	1367	signatures on the petitions to verify their status as voters in 834
1368	1368	the Town. If a petition is fo und insufficient, the Town Clerk 835
1369	1369	shall return it immediately to the person who filed it with a 836
1370	1370
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1382	1382	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1383	1383
1384	1384	statement certifying wherein the petition is found insufficient. 837
1385	1385	No later than the seventh (7th) day before the first day of the 838
1386	1386	qualifying period, the Town Cler k shall certify the number of 839
1387	1387	valid signatures. 840
1388	1388	Section 43. 68. ELECTIONS. A regular or general election of 841
1389	1389	candidates to the office of Town Council shall be held in 842
1390	1390	accordance with the dates established for general elections as 843
1391	1391	provided for by the Flor ida Election Code each year on the 844
1392	1392	second Tuesday in August for each seat on the Town Council which 845
1393	1393	shall become vacant at 8: 00 O'Clock P. M. on the fourth Tuesday 846
1394	1394	in August of the same year . The candidate for each seat to be 847
1395	1395	filled receiving the greatest number of votes in said election 848
1396	1396	shall be declared elected. In the event of a tie between two 849
1397	1397	candidates for any seat upon the Town Council , a run-off special 850
1398	1398	election will be held on a date to be established by the town 851
1399	1399	clerk in accordance with section 1 05.051, Florida Statutes 852
1400	1400	(2019), of the Florida Election Code in the general election, 853
1401	1401	another general election shall be held on the Tuesday following 854
1402	1402	the general election and the two candidates receiving the equal 855
1403	1403	votes shall be the only candidates on the ballot for such 856
1404	1404	general election. 857
1405	1405	Section 69. ELECTIONS; GOVERNED BY STATE LAW OR ORDINANCE. 858
1406	1406
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1418	1418	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1419	1419
1420	1420	Except as herein specifically provided, all elections in the 859
1421	1421	town shall be conducted substantially on the principles 860
1422	1422	governing state elections, or as the Town Council shall by 861
1423	1423	ordinance prescribe. 862
1424	1424	Section 44 70. ELECTIONS; CANVASS OF RETURNS. —The Town 863
1425	1425	Council may agree with the Columbia County Supervisor of 864
1426	1426	Elections and the county canvassing board to canvass the returns 865
1427	1427	and the results of the election in acc ordance with the Florida 866
1428	1428	Election Code. The Town Council shall review the returns and the 867
1429	1429	results provided by the county canvassing board and declare the 868
1430	1430	winner of the election at a meeting of the Town Council. 869
1431	1431	Otherwise, The polls shall open at seven o'clock A. M. and shall 870
1432	1432	close at seven o'clock P. M. the result of the voting, when 871
1433	1433	ascertained, shall be certified by return in duplicate, signed 872
1434	1434	by the clerk and a majority of the inspectors of election, one 873
1435	1435	copy being delivered by such clerk, and inspec tors to the mayor 874
1436	1436	and the other to the town clerk, both of whom shall transmit 875
1437	1437	such returns to the Town Council. At such meeting the Town 876
1438	1438	Council shall canvass the returns and the results as shown by 877
1439	1439	such returns shall be by the Town Council declared as th e result 878
1440	1440	of the election. The town clerk shall, not later than noon of 879
1441	1441	the second day after the canvass of said election, furnish a 880
1442	1442
1443	1443	HB 1043 2022
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1454	1454	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1455	1455
1456	1456	certificate of election to each person shown to have been 881
1457	1457	elected. The Town Council agrees with the Columbia County 882
1458	1458	Supervisor of Elections and the county canvassing board to 883
1459	1459	canvass the returns of the election in accordance with the 884
1460	1460	Florida Election Code. The Town Council shall review the returns 885
1461	1461	and results provided by the county canvassing board and declare 886
1462	1462	the winner of the election at a meeting of the Town Council. 887
1463	1463	Otherwise, the result of the voting, when ascertained, shall be 888
1464	1464	certified by return in duplicate, signed by the clerk and a 889
1465	1465	majority of the inspectors of election, one copy being delivered 890
1466	1466	by such clerk, and insp ectors to the Mayor and the other to the 891
1467	1467	Town Clerk, both of whom shall transmit such returns to the Town 892
1468	1468	Council. At such meeting, the Town Council shall canvass the 893
1469	1469	returns and the results as shown by such returns shall be by the 894
1470	1470	Town Council declared as the result of the election. The Town 895
1471	1471	Clerk shall, not later than noon of the second day after the 896
1472	1472	canvass of said election, furnish a certificate of election to 897
1473	1473	each person shown to have been elected. 898
1474	1474	Section 45. 71. FIRST ELECTION; DUTIES TO CALL. It shall 899
1475	1475	be the duty of the Town Council now in office to call and hold 900
1476	1476	the first election for members of the Town Council Councilmen 901
1477	1477	under this charter, which shall be held on the Second Tuesday in 902
1478	1478
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1490	1490	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1491	1491
1492	1492	August, 1957, for the election of a Town Councilmember 903
1493	1493	Councilman for Seats One, Two, Three and Four and for Mayor. The 904
1494	1494	election of the councilmembers Councilman for Seats One and Two 905
1495	1495	shall be for a two year term, commencing at 8: 00 O'Clock P. M. 906
1496	1496	on the fourth Tuesday in August, 1957, and the election of 907
1497	1497	councilmembers Councilman for Seats Three and Four and Mayor 908
1498	1498	shall be for a three year term, commencing at 8: 00 O'Clock P. 909
1499	1499	M. on the fourth Tuesday in August, 1957. The terms of all 910
1500	1500	councilmembers in office as of August 1, 2020, shall be extended 911
1501	1501	in order to accomplish the goal of holding the Town Council 912
1502	1502	elections on the general election date established by the 913
1503	1503	Florida Election Code. The election of councilmembers for Seats 914
1504	1504	3 and 4 and Mayor shall be held on November 8, 2022, in 915
1505	1505	accordance with the Florida Electi on Code and thereafter the 916
1506	1506	councilmembers for Seats 3 and 4 and Mayor shall serve for a 917
1507	1507	four year term. The terms of councilmembers for Seats 1 and 2 918
1508	1508	shall be extended to the general election date established by 919
1509	1509	the Florida Election Code for the calendar y ear 2022, and 920
1510	1510	thereafter the councilmembers for Seats 1 and 2 shall serve for 921
1511	1511	a four year term. Thereafter all members of the Town Council 922
1512	1512	shall be elected for a three year term. 923
1513	1513	Section 46. 72. PUBLICITY OF RECORDS. All records and 924
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1526	1526	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1527	1527
1528	1528	accounts of every office, department or agency of the town shall 925
1529	1529	be open to inspection by any citizen, any representative of a 926
1530	1530	citizens' organization or any representative of the press at all 927
1531	1531	reasonable times and under reasonable regulations established by 928
1532	1532	the Town Council. 929
1533	1533	Section 47. 73. OFFICIAL BONDS. The Town Council shall 930
1534	1534	determine whether or not each officer, clerk, or employee shall 931
1535	1535	give bond, and the amount thereof, but all officers, clerks and 932
1536	1536	employees handling any funds or property of the town shall be 933
1537	1537	required to give bond to the town, which bonds shall be procured 934
1538	1538	from a regularly accredited surety company authorized to do 935
1539	1539	business under the laws of Florida, the premiums on such bonds 936
1540	1540	to be paid by the town. All such bonds shall be filed in the 937
1541	1541	office of the Town Clerk treasurer and collector . 938
1542	1542	Section 48. 74. OATH OF OFFICE. Every officer of the town 939
1543	1543	shall, before entering upon the duties of his or her office, 940
1544	1544	take and subscribe to the following oath or affirmation, to be 941
1545	1545	filed and kept in the office of th e town clerk: 942
1546	1546	"I do solemnly swear (or affirm) that I will support 943
1547	1547	the Constitution and will obey the laws of the United 944
1548	1548	States and of the State of Florida, that I will, in 945
1549	1549	all respects, observe the provisions of the charter 946
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1562	1562	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1563	1563
1564	1564	and ordinances of the Town of F ort White, and will 947
1565	1565	faithfully discharge the duties of the office of 948
1566	1566	................." 949
1567	1567	Section 49. 75. EFFECT OF THIS CHARTER ON EXISTING LAW. 950
1568	1568	All laws and parts of laws relating to or affecting the town in 951
1569	1569	force when this charter shall take effect ar e hereby repealed 952
1570	1570	and superseded to the extent that the same are inconsistent with 953
1571	1571	the provisions of this charter. 954
1572	1572	Section 50. 76. WHEN GENERAL LAWS OF STATE APPLICABLE. All 955
1573	1573	general laws of the state, applicable to municipal corporations 956
1574	1574	now or which may hereafter be enacted, and which are not in 957
1575	1575	conflict with the provisions of this charter or with the 958
1576	1576	ordinances and resolutions hereafter enacted by the Town Council 959
1577	1577	shall be applicable to this town; provided, however, that 960
1578	1578	nothing contained in this char ter shall be construed as limiting 961
1579	1579	the power of the Town Council to enact any ordinance or 962
1580	1580	resolution not in conflict with the Constitution of the state or 963
1581	1581	with the express provisions of this charter. 964
1582	1582	Section 51. 77. GENERAL LAW OF STATE GOVERNING CITY 965
1583	1583	COUNCILS TO APPLY TO TOWN COUNCILS. That any right or authority 966
1584	1584	given or permitted by the Constitution and laws of the State of 967
1585	1585	Florida to City Councils not inconsistent with the provisions of 968
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1598	1598	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1599	1599
1600	1600	this Act shall be given, permitted and extended to the Town 969
1601	1601	Councilmen of the Town of Fort White. 970
1602	1602	Section 52. 78. DEDICATION OF STREETS. No street or alley 971
1603	1603	hereinafter dedicated to public use by the owner of any land 972
1604	1604	within the town shall be deemed a public street or alley, under 973
1605	1605	the care or control of the town, unless the dedication be 974
1606	1606	accepted and confirmed by ordinance passed for such purpose. 975
1607	1607	Section 53. 79. FISCAL YEAR. The fiscal year of the town 976
1608	1608	shall be from October January 1st to September 30th December 977
1609	1609	31st of each year. 978
1610	1610	Section 54. 80. EXECUTION OF CONTRACTS AND VALIDATION OF 979
1611	1611	TOWN WARRANTS FOR EXPENDITURE OF FUNDS. In addition to all other 980
1612	1612	requirements of this charter regarding contracts, no contract 981
1613	1613	entered into by the town shall be valid until executed on behalf 982
1614	1614	of the town by the Ma yor or a Councilmember and Town Clerk. In 983
1615	1615	addition to all other requirements under this charter regarding 984
1616	1616	the disbursement or payment of town funds, no warrant for the 985
1617	1617	payment of town funds shall be valid unless signed by the Mayor 986
1618	1618	and the Town Clerk Treasurer. In addition to the requirements of 987
1619	1619	this section regarding the disbursement of funds, the Town 988
1620	1620	Council may, by ordinance, prescribe additional requirements. 989
1621	1621	Section 55. 81. SHORT TITLE. This charter, adopted by the 990
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1634	1634	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1635	1635
1636	1636	people of the Town of Fort White, shall be known and may be 991
1637	1637	cited as the "Fort White Charter." 992
1638	1638	Section 56. 82. SEPARABILITY CLAUSE. If any section or part 993
1639	1639	of section of this charter shall be held invalid by a court of 994
1640	1640	competent jurisdiction, such holding shall not affect the 995
1641	1641	remainder of this charter nor the context in which such section 996
1642	1642	or part of section so hold invalid may appear, except to the 997
1643	1643	extent that an entire section or part of section may be 998
1644	1644	inseparably connected in meaning and effect with the section or 999
1645	1645	part of section to wh ich such holding shall directly apply. 1000
1646	1646	Section 2. This act shall take effect upon becoming a law. 1001