HB 1043 2022 CODING: Words stricken are deletions; words underlined are additions. hb1043-00 Page 1 of 46 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 A bill to be entitled 1 An act relating to Town of Fort White, Columbia 2 County; amending ch. 57 -1334, Laws of Florida; 3 deleting boundaries; revising general powers to borrow 4 money; revising the selection and terms of members of 5 the Town Council; providing for the registration of 6 voters; providing for the salaries of the Mayor and 7 members of the Town Council, powers of the town, 8 vacancies in Town Council, and the date of the first 9 meeting of each newly elected Town Council; removing 10 provisions relating to special meetings, ordinanc es 11 and resolutions, and publication of ordinances and 12 resolutions; removing provisions relating to the 13 municipal court; providing that the Columbia County 14 court system will handle all matters requiring court 15 hearings or appearances; revising provisions rel ating 16 to the police department and the fire department; 17 providing and revising requirements for the Town 18 Clerk; removing provisions relating to the town 19 auditor, town tax assessor, town treasurer, and tax 20 administration; revising and providing requirements 21 for the election of candidates to the office of Town 22 HB 1043 2022 CODING: Words stricken are deletions; words underlined are additions. hb1043-00 Page 2 of 46 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 Council; removing a provision requiring elections to 23 be conducted in a specified manner; authorizing the 24 Town Council to agree to canvass the returns and the 25 results of an election; requiring the Town C ouncil to 26 review the returns and declare a winner; revising the 27 terms of office of councilmembers; providing an 28 effective date. 29 30 Be It Enacted by the Legislature of the State of Florida: 31 32 Section 1. Section 5, subsection (25) of section 7, 33 sections 8 and 10, subsections (8), (9), and (13) of section 12, 34 sections 13, 15, 16, 20, and 22 through 82 of chapter 57 -1334, 35 Laws of Florida, are amended to read: 36 Section 5. BOUNDARIES. The corporate limits of the Town of 37 Fort White, a municipal corporation in Columbia County, Florida, 38 shall extend to and include all certain territories 39 comprehending and comprising within Section 8(5)(a) the 40 following described limits, to -wit: Commence at the center of 41 the intersection of Florida State Highway No. 47 and Unit ed 42 States Highway 27 and run due South three -quarters of a mile, 43 thence run due North a mile and a half, thence run due West a 44 HB 1043 2022 CODING: Words stricken are deletions; words underlined are additions. hb1043-00 Page 3 of 46 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 mile and a half, thence run due South a mile and a half, thence 45 run due East three-quarters of a mile to the point of beginning . 46 Section 7. GENERAL POWERS. The town shall have the powers, 47 functions and immunities granted to municipal corporations by 48 the constitution and general laws of this state, as now or 49 hereinafter existing, together with the implied powers necessary 50 to carry into execution all the powers granted. The enumeration 51 of particular powers by this charter shall not be deemed to be 52 exclusive, and in addition to the powers enumerated herein or 53 implied hereby, or appropriate to the exercise of such powers, 54 it is intended that the town shall have and exercise all powers 55 which it would be competent for this charter specifically to 56 enumerate. The following are among the powers of the said town, 57 subject to the limitations hereinafter expressed: 58 (25) To borrow money for a period not longer than the 59 remainder of the fiscal year in which the loan is made , and this 60 power shall be in addition to the other powers to borrow money 61 set forth in this charter, or granted by the general laws of 62 this state; 63 Section 8. NUMBER, ELECTION SELECTION, TERM. 64 (1) The Town Council shall consist of five (5) electors 65 who shall be designated as follows: 66 HB 1043 2022 CODING: Words stricken are deletions; words underlined are additions. hb1043-00 Page 4 of 46 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 67 Mayor 68 Councilmember Councilman Seat One 69 Councilmember Councilman Seat Two 70 Councilmember Councilman Seat Three 71 Councilmember Councilman Seat Four 72 73 (2) The Mayor and the other four councilmen shall be 74 elected at large, and shall hold office for four (4) three (3) 75 years. The members of the Town Council shall be elected by a 76 vote of the qualified voters from respective districts in which 77 councilmembers run for office. Councilmembers shall be elected 78 for a term of four (4) years. The election of the Mayor and 79 councilmembers shall be in the manner provided for in this 80 charter and under general law except as otherwise provided for 81 in this charter, and shall be elected in the manner provided for 82 in this charter. 83 (3) The term of office of all members of the Town Council 84 shall commence at the beginning of the next regular or special 85 meeting after the election results are final in accordance wit h 86 this charter 8:00 O'clock P. M. on the fourth Tuesday of August 87 of the year in which such councilmen are elected . 88 HB 1043 2022 CODING: Words stricken are deletions; words underlined are additions. hb1043-00 Page 5 of 46 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 (4) The first elections of the Mayor and Town 89 Councilmembers under this provision shall be held on the first 90 (1st) Tuesday of November 202 0 and shall affect those elected on 91 that date for their terms of office. The Mayor shall be elected 92 for a term of four (4) years, and an election for the seat of 93 Mayor shall be held every four (4) years thereafter. 94 Councilmembers from Districts 3 and 4 sha ll be elected for a 95 term of four (4) years, and thereafter said district seats shall 96 be filled every four (4) years. Councilmembers from Districts 1 97 and 2 shall be elected for an initial term of two (2) years and 98 thereafter shall be elected for a term of f our (4) years. 99 (5)(a) The districts from which members of the Town 100 Council of the Town of Fort White shall be elected are defined 101 as follows: 102 1. District 1: Start on the town's northern boundary at SW 103 State Road 47 and go south on State Road 47 to US H ighway 27 to 104 SW County Road 18, thence east on County Road 18 to the Town's 105 boundary, including all property in said northeast quadrant of 106 the Town of Fort White. 107 2. District 2: Start on the town's eastern boundary at SW 108 County Road 18, thence west to SW US Highway 27, thence go south 109 on SW US Highway 27 to the town's southern boundary, including 110 HB 1043 2022 CODING: Words stricken are deletions; words underlined are additions. hb1043-00 Page 6 of 46 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 all of the property in said southeast quadrant of the Town of 111 Fort White. 112 3. District 3: Start on the town's western boundary as SW 113 Wilson Springs Road and the nce go east on Wilson Springs Road to 114 SW Skye Avenue thence go north on SW Skye Avenue to SW Jordan 115 Street, thence go east on SW Jordan Street to SW Highway 237 116 thence go east and southeast on SW US Highway 27 to the town's 117 southern boundary, including all of the property in said 118 southwest quadrant of the Town of Fort White. 119 4. District 4: Start on the Town's northern boundary at 120 State Road 47 and thence go south on State Road 47 to US Highway 121 27, thence go west on US Highway 27 to SW Jordan Street, thenc e 122 go west on SW Jordan Street to SW Skye Avenue, thence to south 123 on SW Skye Avenue to SW Wilson Springs Road, thence go west on 124 SW Wilson Springs Road to the Town's western boundary, including 125 all of the property in said northwest quadrant of the Town of 126 Fort White. 127 (b) The districts provided in subparagraphs (a)1. -4. are 128 intended to be a division of the Town of Fort White into four 129 (4) districts which are to have equal numbers of citizens and 130 equal numbers of voters. It is the further intent of this 131 charter amendment that the boundaries of said districts shall be 132 HB 1043 2022 CODING: Words stricken are deletions; words underlined are additions. hb1043-00 Page 7 of 46 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 changed when necessary to provide an approximate numerical 133 equalization of citizens and voters in each of said districts. 134 It is contemplated that the said changes will be made only when 135 differences are substantial and it is not contemplated that said 136 districts will always have, or will ever have, the same number 137 of citizens and voters without any variation. Said changes shall 138 be made in the same manner as other amendments to this charter. 139 (c) Only qualified voters residing in a particular 140 district shall be allowed to vote in the election of the 141 Councilmember to represent said district. However, any citizen 142 of the Town of Fort White otherwise qualified may run for the 143 office of Mayor or Councilmem ber from any district, regardless 144 of whether said member resides in the particular district in 145 which he or she runs for office. 146 (6) The registration of voters shall be as provided in 147 this charter. Registration of voters in order to qualify to vote 148 in elections shall be made in the office of the Supervisor of 149 Elections of Columbia County, Florida. The registration of a 150 voter shall include a designation as to the district in which 151 said voter resides within the Town of Fort White. Registration 152 of voters shall be made at least thirty (30) days before the day 153 of any town election. An oath shall be given by the registration 154 HB 1043 2022 CODING: Words stricken are deletions; words underlined are additions. hb1043-00 Page 8 of 46 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 officer or the person appointed to make such registrations by 155 the Town Council, which oath shall be that the information given 156 by the registrant is true and correct. The information required 157 shall be that required by this charter, including information 158 regarding the residence of the voter for the purpose of 159 determining whether said registrant is a qualified voter of the 160 Town of Fort White, and for the purpose of determining in which 161 district of this Town of Fort White the registrant resides. 162 Section 10. SALARY. The Mayor shall may receive a minimum 163 salary of $600 per month and members of to be fixed by the Town 164 Council of the Town of Fort White shall receive a minimum salary 165 of $200 provided, however, the salary of the Mayor shall not 166 exceed Twenty ($20.00) Dollars per month to be paid on the first 167 (1st) day of each and every month hereafter. The Town Council 168 shall set the salaries of the M ayor and councilmembers by 169 ordinance enacted pursuant to general laws which shall provide 170 notice to the members of the public regarding the readings of 171 such ordinance and the proposed enactment thereof. This action 172 shall be effective immediately upon adopt ion. 173 Section 12. POWERS. Except as otherwise provided in this 174 charter, all powers of the town, and the determination of all 175 matters of policy shall be vested in the Town Council. Without 176 HB 1043 2022 CODING: Words stricken are deletions; words underlined are additions. hb1043-00 Page 9 of 46 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 limitation of the foregoing, the Town Council shall have power 177 to: 178 (8) Remit, upon the recommendation of a county judge the 179 municipal judge, fines or other penalties imposed by the 180 municipal court; 181 (9) Pass ordinances and laws for the preservation of the 182 public peace and order, and impose penalties for the violatio n 183 thereof; provided, that the maximum penalty to be imposed shall 184 be a fine of not more than five hundred dollars and imprisonment 185 for a period of time not longer than sixty days ; 186 (13) Appoint, remove and fix the compensation of the Town 187 Attorney, municipal judge, town prosecutor, town auditor, town 188 clerk, town tax assessor, and all other town employees; 189 Section 13. VACANCIES IN TOWN COUNCIL. In the event of a 190 Any vacancy in the office of the Mayor or a member of the Town 191 Council, the remaining members of the Town Council shall appoint 192 a qualified citizen to fill the balance of the term of the 193 vacancy of either the Mayor or the Town Council seat. Such 194 appointment shall be made within sixty (60) days of the vacancy 195 unless such time period is extended by the Town Council. In the 196 event that there is not a quorum to appoint a replacement for a 197 vacancy, within a reasonable time, the seat of Mayor or member 198 HB 1043 2022 CODING: Words stricken are deletions; words underlined are additions. hb1043-00 Page 10 of 46 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 of the Town Council be filled until the next regular municipal 199 election by vote of the; provided, that if such vacancy is not 200 filled within ten (10) days after it shall have occurred, it 201 shall be filled by appointment of the Governor. Any such 202 appointments shall continue until the end of the unexpired term 203 of such seat and until a successor is elected and s worn into 204 office. 205 Section 15. INDUCTION OF TOWN COUNCIL INTO OFFICE; MEETING 206 OF TOWN COUNCIL. The first meeting of each newly elected Town 207 Council, for induction into office, shall be held at 6:00 8:00 208 O'clock P. M., on the fourth (4th) Monday in the mo nth day 209 following its election, after which the Town Council shall meet 210 regularly at such times as may be prescribed by its rules, but 211 not less frequently than once each month. All meetings of the 212 Town Council shall be open to the public. 213 Section 16. SPECIAL MEETINGS: HOW CALLED. The Mayor, or any 214 two (2) members of the Town Council may call special meetings of 215 the Town Council, upon at least six (6) hours written notice to 216 each member, served personally or left at his usual place of 217 residence or place o f business. All meetings of the Town Council 218 and of the committee thereof shall be public, and any citizens 219 shall have access to the minutes and records thereof at all 220 HB 1043 2022 CODING: Words stricken are deletions; words underlined are additions. hb1043-00 Page 11 of 46 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 reasonable times. 221 Section 20. ORDINANCES AND RESOLUTIONS. Every proposed 222 ordinance or resolution shall be introduced in written or 223 printed form and shall not contain more than one (1) subject, 224 but general appropriation ordinance may contain the various 225 subjects and accounts for which moneys are to be appropriated. 226 The enacting clause of al l ordinances shall be "Be It Enacted by 227 The People of the Town of Fort White, Florida." No ordinance, 228 unless it shall be an emergency measure, shall be passed until 229 it shall have been read at two (2) meetings, not less than one 230 week apart, or unless the re quirement of such readings has been 231 dispensed with by unanimous vote of the Town Council . 232 Section 22. AUTHENTICATING: PUBLICATION. Every ordinance or 233 resolution shall, upon its final passage be recorded in a book 234 kept for the purpose and shall be authen ticated by the 235 signatures of the presiding officer and the clerk of the Town 236 Council. Every ordinance of a general or permanent nature shall 237 be published once within ten (10) days after its final passage 238 in a newspaper of general circulation in the Town of Fort White, 239 Florida, or by posting said ordinance in three (3) separate 240 public places for a period of ten (10) days after its final 241 passage. 242 HB 1043 2022 CODING: Words stricken are deletions; words underlined are additions. hb1043-00 Page 12 of 46 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 Section 23. APPOINTMENT; LEGAL ADVISOR TO TOWN; PREPARATION 243 AND APPROVAL OF LEGAL INSTRUMENTS; DEFEND AND PROSE CUTE IN 244 BEHALF OF TOWN. The Town Council shall appoint a Town Attorney 245 who shall act as the legal advisor to, and attorney and 246 counselor for the municipality and all of its officers in 247 matters relating to their official duties. The Town Attorney He 248 shall prepare all contracts, bonds and other instruments in 249 writing, in which the municipality is concerned, and shall 250 endorse on each his or her approval of the form and correctness 251 thereof. When required to do so, the Town Attorney he shall 252 prosecute and defend for and in behalf of the town, all 253 complaints, suits, and controversies in which the town is a 254 party. The Town Attorney He shall furnish the Town Council, the 255 head of any department or any officer, not included in any 256 department, his or her opinion on any question of law relating 257 to their respective powers and duties. For these services, the 258 Town Attorney he shall receive such compensation as the Town 259 Council may determine by record vote. 260 Section 24. TO PERFORM DUTIES REQUIRED BY TOWN COUNCIL, 261 STATE LAW AND CHARTER. In addition to the duties, specifically 262 imposed under the preceding section, the Town Attorney he shall 263 perform such other professional duties as may be required of him 264 HB 1043 2022 CODING: Words stricken are deletions; words underlined are additions. hb1043-00 Page 13 of 46 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 or her by ordinance or resolution of the Town Council or as 265 prescribed, for Town Attorney under the general laws of the 266 State which are not inconsistent with the charter and with any 267 ordinance or resolution which may be passed by the Town Council. 268 The Town Attorney He shall receive such compensation as the Town 269 Council may determine by record vote. 270 Section 25. QUALIFICATIONS. The Town Attorney shall be a 271 lawyer with laywer of at least five (5) years of experience, 272 admitted in and having authority to practice i n all courts of 273 the State. 274 275 ARTICLE IV 276 COURT MATTERS 277 MUNICIPAL COURT 278 Section 26. ESTABLISHMENT; APPOINTMENT OF MUNICIPAL JUDGE; 279 POWER OF MAYOR DURING ABSENCE OF JUDGE; SESSIONS OF COURT. All 280 matters requiring court hearings or appearances for any resident 281 of the Town of Fort White will be handled by the Columbia County 282 Clerk of Courts There shall be and there is hereby established 283 in the Town of Fort White a municipal court to be known as the 284 "Municipal Court of the Town of Fort White, Florida," fo r the 285 trial of all offenders against the municipal ordinances. Such 286 HB 1043 2022 CODING: Words stricken are deletions; words underlined are additions. hb1043-00 Page 14 of 46 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 court shall be presided over by a municipal judge who shall be 287 the Mayor. Sessions of the municipal court may be held daily 288 except Sundays and holidays . 289 Section 27. POWERS AND DUTIES, G ENERALLY. The municipal 290 judge shall have power by his warrant to have brought before him 291 any person or persons charged with violation of the town 292 ordinances, and shall have exclusive original jurisdiction over 293 all proceedings of a criminal nature for the v iolation of any 294 ordinance of the town. In the proper exercise of the functions 295 of the municipal court within its jurisdiction as herein 296 defined, the municipal judge shall have power and is authorized 297 to issue and cause to be served search warrants and any and all 298 other writs and processes such as are issued and used by county 299 judges and justices of peace in the State of Florida, and the 300 police of the Town of Fort White are authorized and it is made 301 their duty to execute and serve any and all such writs and 302 processes issued out of the said municipal court by the 303 municipal judge, and to make proper returns upon the same to 304 such municipal court in the same manner as is required of 305 constables, sheriffs, deputy sheriffs, and any other officer in 306 the execution of similar papers. The municipal judge shall have 307 power and authority to take bail for the appearance of an 308 HB 1043 2022 CODING: Words stricken are deletions; words underlined are additions. hb1043-00 Page 15 of 46 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 accused person, if such person fail to appear, to declare such 309 bond or security estreated; to require the attendance of 310 witnesses for the town and for the accused person, to administer 311 oaths, take affidavits; and to inquire into the truth of falsity 312 of all charges preferred; to decide on the guilt or innocence of 313 the accused, and to fix and to impose penalties by sentences as 314 are prescribed and provided for under the ordinances of the 315 town, and to have all powers incidental and usual to the due 316 enforcement of such town ordinances. 317 Section 28. AUTHORITY TO PRESERVE ORDER; DISPOSITION OF 318 MONEYS COLLECTED. The municipal court shall have authority to 319 preserve order and decorum and shall be invested with the same 320 powers to that end, by fine and imprisonment, as are possessed 321 and authorized to be exercised by criminal courts of records 322 within the State. All fines, penalties and fees collected in the 323 municipal court and by the police of the town shall be part of 324 the revenue of the town and shall be paid to the finance 325 department on the date on which collected, and receipt taken 326 thereof. The moneys so paid into the Town Treasury may be by 327 ordinance of the Town Council, appropriated to any particular 328 fund and shall thereafter be used in accordance with such 329 ordinance. 330 HB 1043 2022 CODING: Words stricken are deletions; words underlined are additions. hb1043-00 Page 16 of 46 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 Section 29. REMISSION OF FINES AND PENALTIES. The municipal 331 judge may, in his discretion, remit all, or part of any fines, 332 costs or penalties im posed in said court and may suspend the 333 enforcement of any sentence imposed in such court. 334 Section 30. ENTRY ON DOCKET SUFFICIENT FOR TRIAL. 335 Entry of the charge on the docket of the municipal court of the 336 Town of Fort White shall be sufficient for the purpose of trying 337 any person charged with an offense against the town ordinances. 338 Section 27. 31. POLICE DEPARTMENT. The police force of the 339 Town of Fort White shall consist of a Chief of Police and as 340 many subordinate officers, policemen and employees as the Town 341 Council shall by ordinance determine. The Chief of Police shall 342 have exclusive control of the stationing and transfer of all 343 patrolmen and other officers and employees constituting the 344 police force, subject to and under such rules and regulatio ns as 345 the Town Council may prescribe or as may be prescribed by the 346 ordinances of the town. Any police officer of the Town of Fort 347 White shall have and is hereby empowered with the full right and 348 authority to make arrests beyond the corporate limits of sai d 349 town for violation of Chapters 317, and 901.15, Florida Statutes 350 Annotated, as amended where the violation occurs within the 351 limits of said Town of Fort White and the violator is 352 HB 1043 2022 CODING: Words stricken are deletions; words underlined are additions. hb1043-00 Page 17 of 46 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 immediately pursued to a point outside the boundary limits of 353 said town. 354 Section 28. 32. POLICE DEPARTMENT-POWERS AND DUTIES OF 355 CHIEF OF POLICE. The Chief of Police shall attend all meetings 356 of the Town Council and aid in the enforcement of orders under 357 the direction of the presiding officer. He or she shall execute 358 the commands of the Town Council and all processes issued by 359 authority thereof which shall be issued to him or her by the 360 Mayor. He or she shall attend in person or by deputy the 361 municipal court during its sittings, execute the commands and 362 processes of said court, aid in the enforcement of orders 363 therein and perform such other duties appropriate to his or her 364 office as may be imposed upon him or her by law, the ordinances 365 of the town, consistent with this Act. 366 Section 29. 33. FIRE DEPARTMENT. The fire force of th e town 367 shall be provided by Columbia County fire warden and as many 368 subordinate officers, firemen and employees as the Town Council 369 shall by ordinance determine . The Columbia County fire chief 370 shall have exclusive control of the stationing and transfer of 371 all firefighters firemen and other officers and employees of the 372 fire force subject to such rules and regulations as may be 373 prescribed by ordinance of the town; the fire chief he shall 374 HB 1043 2022 CODING: Words stricken are deletions; words underlined are additions. hb1043-00 Page 18 of 46 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 have exclusive management and control of such officers and 375 employees as may be employed in the administration of the 376 affairs of the fire chief's his force. In case of riot, 377 conflagration of like emergency, the Mayor may appoint 378 additional firemen for tempo rary service. The fire chief shall 379 have the right to suspend any officer or employee of the fire 380 force because of incompetency, neglect of duty, drunkenness, 381 failure to obey orders given by proper authority or for any 382 other just or reasonable cause, and he shall immediately report 383 the fact of such suspension to the Town Council for final 384 action. 385 386 ARTICLE VI 387 TOWN AUDITOR, TOWN CLERK, TOWN TAX ASSESSOR 388 AND TOWN TREASURER 389 390 Section 30. 34. TOWN CLERK. The Town Council shall appoint 391 an officer of the town who shall have the title of Town Clerk. 392 The Town Clerk He shall: 393 (1) Serve at the pleasure of the Town Council and shall be 394 under its direction and control. 395 (2) He shall Receive a salary to be fixed by the Town 396 HB 1043 2022 CODING: Words stricken are deletions; words underlined are additions. hb1043-00 Page 19 of 46 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 Council. 397 (3) He shall Give notice of the meetings of the Town 398 Council and:; shall 399 (a) Keep the journal of its proceedings; 400 (b) shall Be custodian of the town's seal; 401 (c) shall Authenticate by his or her signature and record 402 in full a book kept for that purpose all ordinances and 403 resolutions. 404 (4) Ensure that town elections are conducted in accordance 405 with Florida law, including the qualification of all candidates, 406 receiving and maintaining candidate reports, and assisting with 407 Canvassing Board meetings. 408 (5) Exercise financial budgetary co ntrol over every 409 department, board, mission, and agency of the town to ensure 410 that all moneys are legally expended, and that budget 411 appropriations are not exceeded. 412 (6) Prescribe the forms of accounting and the forms of 413 receipts, vouchers, bills, claims or other forms to be used by 414 all the offices, departments, boards, commissions, and agencies 415 of the town government, in and about its fiscal affairs. 416 (7) Audit all bills, invoices, payrolls, and other 417 evidence of claims, demands or charges against the to wn 418 HB 1043 2022 CODING: Words stricken are deletions; words underlined are additions. hb1043-00 Page 20 of 46 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 government. 419 (8) Inspect and audit any accounts or records which may be 420 maintained in any office, department, or agency of the town 421 government. 422 (9) Manage the Town of Fort White Water Utility including 423 requests for service, billing, and collections. 424 (10) Coordinate with all elected officials of Columbia 425 County and the City of Lake City in matters of interest to the 426 Town. 427 (11) Maintain the Town of Fort White website. 428 (12) Receive applications on behalf of the town for 429 development orders, permits, and licenses ensuring that all 430 orders, permits, licenses are complete and meet the requirements 431 of applicable law and policy. 432 (13) Coordinate, plan, and work with the Town Attorney, as 433 necessary. 434 (14) Review applicable federal, state, and local laws a s 435 needed. 436 (15) Oversee the operations of the town including, but not 437 limited to, maintenance and repairs. ; shall perform the duties 438 of registration officer and shall 439 (16) Perform any other duties required by this charter. If 440 HB 1043 2022 CODING: Words stricken are deletions; words underlined are additions. hb1043-00 Page 21 of 46 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 a person qualified to fill the positions be available, the 441 office of town clerk may, at the discretion of the Town Council, 442 be combined with that of the town auditor, town tax assessor and 443 town treasurer. Notwithstanding any other provisions of law, or 444 of this charter, the office of the town clerk shall never be 445 combined with any office other than town auditor, town tax 446 assessor, or town treasurer, or given any other duties except 447 those specifically delegated in this charter to either the town 448 auditor, town tax assessor or town treas urer. 449 Section 35. TOWN AUDITOR. The Town Council shall appoint an 450 officer of the town who shall have the title of town auditor. He 451 shall serve at the pleasure of the Town Council and shall be 452 under its direction and control. He shall receive a salary to be 453 fixed by the Town Council. He shall have knowledge of accounting 454 and shall have had experience in budgeting and financial 455 control. If a person qualified to fill the positions be 456 available, the office of the town auditor may, at the discretion 457 of the Town Council, be combined with that of town clerk, town 458 tax assessor and town treasurer. Notwithstanding any other 459 provision of law, or of this charter, the office of town auditor 460 shall never be combined with any office other than that of town 461 clerk, town tax assessor, or town treasurer, or given any other 462 HB 1043 2022 CODING: Words stricken are deletions; words underlined are additions. hb1043-00 Page 22 of 46 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 duties except those specifically delegated in this charter to 463 either the town clerk, town tax assessor or town treasurer. The 464 town auditor shall have power and be required to: 465 (1) Exercise financial budge tary control over every 466 department, board, commission and agency of the town to insure 467 that all moneys are legally expended, and the budget 468 appropriations are not exceeded; 469 (2) Prescribe the forms of accounting and the forms of 470 receipts, vouchers, bills, claims or other forms to be used by 471 all the offices, departments, boards, commissions, and agencies 472 of the town government, in and about its fiscal affairs; 473 (3) Audit all bids, invoices, payrolls and other evidences 474 of claims, demands or charges against the town government; 475 (4) Inspect and audit any accounts or records which may be 476 maintained in any office, department or agency of the town 477 government. 478 Section 36. TOWN TAX ASSESSOR. The Town Council shall 479 appoint an officer of the town who shall ha ve the title of town 480 tax assessor. He shall serve at the pleasure of the Town Council 481 and shall be under its direction and control. He shall receive a 482 salary to be fixed by the Town Council. He shall prepare tax 483 maps, assess all properties within the corpo rate limits of the 484 HB 1043 2022 CODING: Words stricken are deletions; words underlined are additions. hb1043-00 Page 23 of 46 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 town for taxation and shall perform all the usual duties of a 485 tax assessor. If a person qualified to fill the positions be 486 available, the office of the town tax assessor may, at the 487 discretion of the Town Council, be combined with that o f town 488 clerk, town auditor and town treasurer. Notwithstanding any 489 other provision of law, or of this charter, the office of town 490 tax assessor shall never be combined with any office other than 491 that of town clerk, town auditor, or town treasurer, or given 492 any other duties except those specifically delegated in this 493 charter to either the town clerk, the town auditor, or the town 494 treasurer. 495 Section 37. TOWN TREASURER. The Town Council shall appoint 496 an officer of the town who shall have the title of town 497 treasurer. He shall serve at the pleasure of the Town Council 498 and shall be under its direction and control. He shall receive a 499 salary to be fixed by the Town Council. He shall have knowledge 500 of municipal accounting and taxation and shall have had 501 experience in budgeting and financial control. If a person 502 qualified to fill the position be available, the office of the 503 town treasurer may, at the discretion of the Town Council, be 504 combined with that of the town auditor, town clerk, and town tax 505 assessor. The town treasurer shall provide a bond with surety 506 HB 1043 2022 CODING: Words stricken are deletions; words underlined are additions. hb1043-00 Page 24 of 46 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 and in such amount as the Town Council may require. The town 507 treasurer shall have charge of the administration of the 508 financial affairs of the town under the supervision of the Town 509 Council. 510 Section 38. PROPERTY SUBJECT TO TAX; METHOD OF ASSESSMENT. 511 All property within the town, not expressly exempted by law, 512 shall be·subject to annual taxation at its true cash value. For 513 the purpose of assessment, the soil shall be known as "Land," 514 and everything attached ther eto shall be known as 515 "Improvements," and such "Improvements," when owned by the 516 tenant, may be assessed in his or her name, apart from the land. 517 Articles other than "Land" or "Improvements" shall be known as 518 "Personal Property." All property shall be asse ssed as of the 519 1st day of January of the fiscal year for which such assessment 520 is made, and the town tax assessor shall begin his work of 521 assessing real property on such date. On or before the 1st day 522 of May of each fiscal year, he shall present to the tre asurer 523 and collector a true copy of the assessment roll of the property 524 taxable within the town, to be known as the assessor's 525 duplicate. The treasurer and collector shall make such copy of 526 the assessment roll available for public inspection during the 527 period from the 1st day of May to the 15th day of May. 528 HB 1043 2022 CODING: Words stricken are deletions; words underlined are additions. hb1043-00 Page 25 of 46 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 Section 39. ASSESSMENT OF PROPERTY OF PUBLIC UTILITY 529 COMPANIES. Public utility companies shall be subjected to 530 taxation on all real and personal property owned or operated by 531 them within the limits of the municipal corporation, in the same 532 manner and at the same rate of valuation as all other property. 533 Franchises and privileges owned by public utility companies and 534 other corporations, part of which is, and part of which is not, 535 subject to taxation for the various purposes other than ordinary 536 municipal purposes, shall be so assessed as to show the 537 valuation or part of the whole valuation subject to taxation for 538 each purpose. The town tax assessor shall specify what portion 539 of the property assessed is use d for right of way and depot 540 purposes, by such description as will clearly define the 541 property covered by that assessment, and their property, other 542 than that so described, shall be separately assessed by 543 sufficient description as is other property, each l ot, part of 544 lot, or tract being assessed separately, except that the town 545 tax assessor may, at the request of the company or its agents, 546 assess several pieces together. 547 Section 40. CORRECTION OF ASSESSMENT. If the town tax 548 assessor shall discover that a ny land in the town was omitted in 549 the assessment roll of either or all of the three previous 550 HB 1043 2022 CODING: Words stricken are deletions; words underlined are additions. hb1043-00 Page 26 of 46 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 years, or that any land was illegally sold for taxation and is 551 then liable to taxation, he shall assess such lands for the next 552 fiscal year, and shall also assess the same separately for each 553 such year or years as may have been omitted, or was illegally 554 sold for taxes, at the cash value thereof at the time, noting 555 distinctly the year or years when such omission occurred, and 556 such assessment was omitted, and taxes s hall be levied and 557 collected thereon in like manner, together with the taxes for 558 the year in which assessment is being made; but no land shall be 559 assessed for more than three years arrears of taxes, and all 560 land shall be subject to be assessed into whomsoe ver's hands 561 they may come. 562 Section 41. BOARD OF EQUALIZATION. There shall be an 563 equalizing board of the town composed of the members of the Town 564 Council, and it shall meet on the first Monday in July each 565 year. The town clerk shall be the clerk of such board, and shall 566 keep an accurate record of all the changes made in the valuation 567 of the property, and all other proceedings of such board. 568 Section 42. THE EQUALIZING BOARD; POWERS AND DUTIES. The 569 equalizing board shall have power to review all complain ts of 570 property owners assessed for the purpose of taxation of real 571 property within the town made by the town tax assessor, 572 HB 1043 2022 CODING: Words stricken are deletions; words underlined are additions. hb1043-00 Page 27 of 46 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 administer oaths, take testimony, hold hearings, and adopt 573 regulations regarding the procedure of assessment review. 574 Section 43. MEETINGS. The equalizing board may adjourn 575 from day to day until its work is completed, and three members 576 shall constitute a quorum to transact business. If no quorum is 577 present, the town clerk may adjourn the board from day to day, 578 and publicly announce t he time to which the meeting is to be 579 adjourned. 580 Section 44. PUBLIC HEARING ON COMPLAINTS; NOTICE. Beginning 581 on the first Monday of July of each fiscal year, and as long 582 thereafter as may be necessary, the equalizing board shall hear 583 and determine the complaint of any person in relation to the 584 assessment roll. Complaints to the equalizing board shall be in 585 writing. The procedure before such board shall be informal, and 586 of a nature calculated to effect justice as simply as possible. 587 Hearings on such compl aints shall be held in the order as 588 received and as promptly after the filing thereof as possible, 589 and the determination of the equalizing board shall be made 590 within twenty days after such filing. Such determination shall 591 be immediately certified by the eq ualizing board to the town tax 592 assessor, whose duty it shall be to make such corrections upon 593 the assessment roll and duplicate as the board may determine. 594 HB 1043 2022 CODING: Words stricken are deletions; words underlined are additions. hb1043-00 Page 28 of 46 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 Section 45. NOTICE. Not earlier than fifteen days and not 595 later than five days prior to the annua l meeting of the 596 equalizing board, the town clerk shall cause to be published in 597 a newspaper of the town a notice that the town assessment roll 598 is open to the public for inspection, and that the assessment 599 roll will be submitted to the equalizing board for approval on 600 the date and at the time and place fixed for such meeting. 601 Section 46. EQUALIZATION AND CORRECTION OF ASSESSMENT ROLL. 602 The equalizing board shall have the right to change the 603 valuation or assessment of any real or personal property upon 604 the roll, by increasing or decreasing the assessed valuation 605 thereof as shall be reasonable and just to render taxation 606 uniform, provided, that the valuation of any real or personal 607 property as assessed by the town tax assessor shall not be 608 increased without first giving the owner notice of the intention 609 of the board to so increase it. Such notice shall be by personal 610 service upon the owner, or by leaving a copy of the written 611 notice at his usual place of business, or last place of 612 residence, and if a non -resident by mailing such notice of his 613 last known address, and such notice shall state therein the time 614 when the board will be in session to act upon the matter. 615 Section 47. SESSIONS TO BE OPEN. The sessions of the 616 HB 1043 2022 CODING: Words stricken are deletions; words underlined are additions. hb1043-00 Page 29 of 46 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 equalizing board shall be open to the pub lic. 617 Section 48. COMPLETION OF THE ROLL. All changes made by the 618 equalizing board shall be noted in the preliminary assessment 619 roll by the town tax assessor, and, within 10 days after the 620 equalizing board shall have concluded its examination and 621 correction of the assessment roll, it shall be submitted in 622 corrected form, duly Certified to by the town tax assessor as 623 having been corrected and equalized by the equalizing board to 624 the Town Council, and shall stand as the assessment for the year 625 of the taxable property within the town. 626 Section 49. OMISSIONS FROM ASSESSMENT ROLL. The equalizing 627 board must place upon and add to the assessment roll any 628 property, real or personal, subject to taxation, which has been 629 omitted therefrom by the town tax assessor, an d enter the same 630 at such valuation that will bear an equal and just proportion of 631 taxation. 632 Section 50. APPEAL TO THE COURTS. Any person feeling 633 aggrieved by any decision of the equalizing ·board in any matter 634 that he is called upon by such board to correct, alter or change 635 with reference to the listing of valuation of his own property, 636 may appeal to the Circuit Court not later than thirty days after 637 the certification to the town tax assessor. 638 HB 1043 2022 CODING: Words stricken are deletions; words underlined are additions. hb1043-00 Page 30 of 46 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 Section 51. TAXES; WHEN PAYABLE. All taxes shall be due and 639 payable on the first day of November, in each year, or as soon 640 thereafter as the assessment roll may come into the hands of the 641 town treasurer and collector, of which he shall give notice in a 642 newspaper published in said town, or published in the coun ty 643 where said town is situated, that the taxes are then due and 644 payable. The same discounts shall be allowed on tax payments due 645 the town, as are allowed on tax payments due the counties under 646 the general statutes of the State of Florida. 647 Section 52. WHEN TAX BOOKS CLOSE. The tax books shall close 648 on the 31st day of March, in each year, and the town treasurer 649 and collector shall proceed as hereinafter provided. 650 Section 53. MAY ISSUE DISTRESS WARRANTS. The town treasurer 651 and collector shall have power to issue distress warrants in the 652 name of the state and town to enforce collection of taxes on 653 personal property and privileges. Such warrants may be executed 654 by the chief of police, or by any constable or sheriff, 655 according to the method provided by law f or the collection of 656 state and county taxes lawfully assessed on personal property. 657 Section 54. CONSTITUTE A LIEN. Taxes and assessments, 658 together with the interest imposed for delinquency and cost of 659 collection, shall be and continue a lien upon the pr operty 660 HB 1043 2022 CODING: Words stricken are deletions; words underlined are additions. hb1043-00 Page 31 of 46 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 assessed, superior to all other liens or claims until the same 661 shall be paid. 662 Section 55. COLLECTION OF TAXES. The town treasurer and 663 collector shall, unless otherwise provided, proceed 664 substantially in the same manner in the collection of taxes, and 665 sale of personal property for non -payment of taxes and licenses 666 as is provided for state collectors under the state law, and he 667 shall be subject to the same penalties as are prescribed by the 668 laws of Florida for any violation of the duties imposed upo n him 669 by this charter. Delinquent taxes due the town on real estate 670 shall be collected in the manner provided by the laws of 671 Florida, and the amount thereof shall be certified to the Town 672 Attorney for that purpose, after the tax books shall close. Such 673 delinquent taxes may be paid to said Town Attorney at any time 674 after such certification, and before sale, upon payment of the 675 amount of such tax, and also all costs and expenses incurred to 676 the date of such payment, including a reasonable attorney fee 677 for such collection. The amount of all taxes, real and personal, 678 shall bear interest at the rate of one per cent per month after 679 the tax books shall close, and the amount of such interest shall 680 be collected when such tax is collected. 681 Section 31 56. LICENSES. The Town Council is authorized to 682 HB 1043 2022 CODING: Words stricken are deletions; words underlined are additions. hb1043-00 Page 32 of 46 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 levy and impose license taxes by ordinance, for the purpose of 683 regulation and revenue, upon all occupations, and upon any and 684 all privileges, and to create and fix the amounts to be paid; to 685 provide for the collection of t he same, and to provide penalties 686 for failure to pay such license taxes; all such license taxes, 687 so imposed, shall constitute a legal indebtedness to the town, 688 which may be recovered in any court of competent jurisdiction. 689 The Town Council may, by ordinanc e, provide for licensing the 690 keeping of dogs, and for the destruction of dogs, the owner and 691 keeper whereof shall not comply with the regulations prescribed 692 by ordinance in effect thereto, and for the punishment of 693 persons violating the ordinances on this subject. 694 Section 32 57. PERIOD COVERED BY LICENSES. Licenses shall 695 be issued for the periods and be transferable as provided by the 696 general law for state licenses. The agent or agents of non -697 resident proprietors shall be severally responsible for carryi ng 698 on business in like manner as if they were proprietors. The fact 699 that any person, firm or corporation reporting himself or itself 700 as engaged in any business calling, profession or occupation for 701 the transaction of which a license is required, or that pe rson, 702 firm or corporation exhibiting a sign or advertisement 703 indicating engagement in such business calling, profession or 704 HB 1043 2022 CODING: Words stricken are deletions; words underlined are additions. hb1043-00 Page 33 of 46 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 occupation, shall be conclusive evidence of the liability of 705 such person, firm, or corporation to pay a license. 706 Section 33 58. AUTHORITY OF TOWN TO PURCHASE, OWN AND 707 OPERATE CERTAIN PUBLIC UTILITIES. The Town of Fort White, 708 Florida, is hereby authorized by and through its officers, 709 agents, employees, and representatives, to purchase, build, 710 construct, own, control, repair, lease, operate, manage, extend, 711 or sell an electric light plant, a water works plant, and an ice 712 plant, and any and all other public utility plants, and to 713 prescribe and enforce rates, rules and regulations necessary 714 thereto. 715 Section 34 59. SERVICE OF UTILITIE S TO CONSUMERS OUTSIDE OF 716 TOWN. That The Town Council shall have the power to supply 717 water, electricity, and gas for domestic and other purposes to 718 individuals or corporations outside of said town and to charge 719 and collect reasonable rates, prices and comp ensation therefor, 720 but the Town Council shall charge a higher rate to such 721 consumers than it charges for a like class of consumers within 722 the corporate limits of said town. 723 Section 35 60. AUTHORITY OF TOWN TO SELL PUBLIC UTILITY 724 PLANTS; PROCEDURE. The T own Council may sell the public utility 725 plants owned by the Town of Fort White, or any one or all of 726 HB 1043 2022 CODING: Words stricken are deletions; words underlined are additions. hb1043-00 Page 34 of 46 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 them, after the Town Council shall have first passed an 727 ordinance in which is stated the terms of purchase, and after 728 such ordinance has been submitted to the qualified electors of 729 said town, who are freeholders, for a period of at least sixty 730 (60) days prior to said election, and such action as is 731 provided, in and by such ordinance is ratified by a majority of 732 those voting at such election. In all other res pects not herein 733 specially provided for, such election shall be called and held 734 as is provided by law for calling and holding bond elections of 735 said town. 736 Section 36 61. CONTRACT WITH PERSONS OUTSIDE TOWN TO 737 FURNISH TOWN WITH ELECTRICITY. The Town Counc il together with 738 the Mayor are hereby authorized and empowered to contract with 739 persons, firms or corporations beyond the limits of said town to 740 furnish electric current to said town, and to construct such 741 lines, wires, poles, towers and conduits as may be necessary to 742 obtain such current. 743 Section 37 62. GRANTING OF FRANCHISES. The town shall have 744 power to grant a franchise to any private corporation for the 745 use of streets and other public places in the furnishing of any 746 public utility service to the tow n and to its inhabitants. All 747 franchises and any renewals, extensions and amendments thereto, 748 HB 1043 2022 CODING: Words stricken are deletions; words underlined are additions. hb1043-00 Page 35 of 46 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 shall be granted only by ordinance. 749 Section 38 63. FRANCHISES NOT AFFECTED. The provisions of 750 this charter shall not apply to any franchise granted any public 751 utility company prior to the effective date of this charter. 752 Section 39 64. ELECTIONS. A regular or general election of 753 candidates to the office of Town Council shall be held in 754 accordance with the dates established for general elections as 755 provided for by the Florida Election Code. The candidate for each 756 seat to be filled receiving the greatest number of votes in said 757 election shall be declared elected. In the event of a tie 758 between two (2) candidates for any seat upon the Town Council, 759 a run-off special election will be held on a date to be 760 established by the Town Clerk in accordance with s. 105.051, 761 Florida Statutes, of the Florida Election Code The Town Council 762 shall, by ordinance, make all regulations which it considers 763 needful or desirable, not inconsistent with this charter, for 764 the conduct of municipal elections, and for the prevention of 765 fraud therein. Inspectors and clerks of elections shall be 766 appointed by the Town Council . 767 Section 40. 65. ELECTORS. Any person who is a qualified 768 elector of the State of Florida, and who has resided in the town 769 for one (1) year, shall be an elector of this town. 770 HB 1043 2022 CODING: Words stricken are deletions; words underlined are additions. hb1043-00 Page 36 of 46 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 Section 41. 66. REGISTRATION OF VOTERS. The town clerk 771 shall be the registration officer for the town and shall 772 register all persons applying to him or her whose names are not 773 already borne upon the registration book and who are qualified 774 as electors under the provisions of this charter. For this 775 purpose The registration book shall always be open at the office 776 of the town clerk, except that sam e shall be maintained in 777 accordance with s. 97.055, Florida Statutes, of the Florida 778 Election Code closed for five days before and during the day of 779 any town election. Each person applying to be registered shall 780 make the following oath, which will be admin istered by the 781 registration officer or his or her duly appointed deputy: "I do 782 solemnly swear that I am a bona fide resident of the Town of 783 Fort White and possess all of the qualifications of an elector 784 of said town." Any person taking such oath who shall swear 785 falsely shall be guilty of perjury. The name of each person so 786 registered shall be entered in a book prepared for that purpose, 787 which book shall show, under appropriate heading, the age, 788 color, occupation and exact place of residence of each person s o 789 registered, and whether the registrant is a free holder. The 790 Town Council may, by ordinance, provide for revision of the 791 registration list of voters when, in their opinion, a revision 792 HB 1043 2022 CODING: Words stricken are deletions; words underlined are additions. hb1043-00 Page 37 of 46 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 is necessary. 793 Section 42. 67. NOMINATIONS. Any qualified elector of the 794 town may be nominated for the council by petition. A petition 795 for this purpose shall be signed by not less than 10 qualified 796 electors. Each petition shall designate the seat for which the 797 candidate is nominated. The form of the nominating petition 798 shall be substantially as follows: 799 We, the undersigned electors of the Town of Fort 800 White, hereby nominate 801 ..................................., whose residence 802 is .................................., for the office 803 of Councilman, Seat No.........., Mayor (stri ke out 804 portion not applicable), to be voted for at the 805 election to be held on the . . . . day of .........., 806 20 19 .... ; and we individually certify that our 807 names appear on the rolls of registered voters, that 808 we are qualified to vote for a candidate for the 809 council. 810 Name Street and Address from which last Date of Number 811 Registered (if different) Signing 812 813 (SPACES FOR SIGNATURES AND REQUIRED DATA) 814 HB 1043 2022 CODING: Words stricken are deletions; words underlined are additions. hb1043-00 Page 38 of 46 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 815 For the November 8, 2022, election each petition must be 816 received prior to 12:01 P. M. on August 2, 2022. Thereafter, 817 each petition must be submitted before noon of the 28th day 818 preceding the first day of the qualifying period for the office 819 sought to the town clerk. The town clerk shall make a record of 820 the exact time at which each petition is filed, and shall take 821 and preserve the name and address of the person by whom it is 822 filed. The town clerk shall check the signatures on the 823 petitions to verify their status as voters in the Town. If a 824 petition is found insufficient, the town clerk shall return it 825 immediately to the person who filed it with a statement 826 certifying wherein the petition is found insufficient. No later 827 than the 7th day before the first day of the qualifying period, 828 the town clerk shall certify the number of valid signatures. 829 830 Each petition must be submitted before noon of the 28th day 831 preceding the first day of the qualifying period for the office 832 sought to the Town Clerk. The Town Clerk shall check the 833 signatures on the petitions to verify their status as voters in 834 the Town. If a petition is fo und insufficient, the Town Clerk 835 shall return it immediately to the person who filed it with a 836 HB 1043 2022 CODING: Words stricken are deletions; words underlined are additions. hb1043-00 Page 39 of 46 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 statement certifying wherein the petition is found insufficient. 837 No later than the seventh (7th) day before the first day of the 838 qualifying period, the Town Cler k shall certify the number of 839 valid signatures. 840 Section 43. 68. ELECTIONS. A regular or general election of 841 candidates to the office of Town Council shall be held in 842 accordance with the dates established for general elections as 843 provided for by the Flor ida Election Code each year on the 844 second Tuesday in August for each seat on the Town Council which 845 shall become vacant at 8: 00 O'Clock P. M. on the fourth Tuesday 846 in August of the same year . The candidate for each seat to be 847 filled receiving the greatest number of votes in said election 848 shall be declared elected. In the event of a tie between two 849 candidates for any seat upon the Town Council , a run-off special 850 election will be held on a date to be established by the town 851 clerk in accordance with section 1 05.051, Florida Statutes 852 (2019), of the Florida Election Code in the general election, 853 another general election shall be held on the Tuesday following 854 the general election and the two candidates receiving the equal 855 votes shall be the only candidates on the ballot for such 856 general election. 857 Section 69. ELECTIONS; GOVERNED BY STATE LAW OR ORDINANCE. 858 HB 1043 2022 CODING: Words stricken are deletions; words underlined are additions. hb1043-00 Page 40 of 46 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 Except as herein specifically provided, all elections in the 859 town shall be conducted substantially on the principles 860 governing state elections, or as the Town Council shall by 861 ordinance prescribe. 862 Section 44 70. ELECTIONS; CANVASS OF RETURNS. —The Town 863 Council may agree with the Columbia County Supervisor of 864 Elections and the county canvassing board to canvass the returns 865 and the results of the election in acc ordance with the Florida 866 Election Code. The Town Council shall review the returns and the 867 results provided by the county canvassing board and declare the 868 winner of the election at a meeting of the Town Council. 869 Otherwise, The polls shall open at seven o'clock A. M. and shall 870 close at seven o'clock P. M. the result of the voting, when 871 ascertained, shall be certified by return in duplicate, signed 872 by the clerk and a majority of the inspectors of election, one 873 copy being delivered by such clerk, and inspec tors to the mayor 874 and the other to the town clerk, both of whom shall transmit 875 such returns to the Town Council. At such meeting the Town 876 Council shall canvass the returns and the results as shown by 877 such returns shall be by the Town Council declared as th e result 878 of the election. The town clerk shall, not later than noon of 879 the second day after the canvass of said election, furnish a 880 HB 1043 2022 CODING: Words stricken are deletions; words underlined are additions. hb1043-00 Page 41 of 46 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 certificate of election to each person shown to have been 881 elected. The Town Council agrees with the Columbia County 882 Supervisor of Elections and the county canvassing board to 883 canvass the returns of the election in accordance with the 884 Florida Election Code. The Town Council shall review the returns 885 and results provided by the county canvassing board and declare 886 the winner of the election at a meeting of the Town Council. 887 Otherwise, the result of the voting, when ascertained, shall be 888 certified by return in duplicate, signed by the clerk and a 889 majority of the inspectors of election, one copy being delivered 890 by such clerk, and insp ectors to the Mayor and the other to the 891 Town Clerk, both of whom shall transmit such returns to the Town 892 Council. At such meeting, the Town Council shall canvass the 893 returns and the results as shown by such returns shall be by the 894 Town Council declared as the result of the election. The Town 895 Clerk shall, not later than noon of the second day after the 896 canvass of said election, furnish a certificate of election to 897 each person shown to have been elected. 898 Section 45. 71. FIRST ELECTION; DUTIES TO CALL. It shall 899 be the duty of the Town Council now in office to call and hold 900 the first election for members of the Town Council Councilmen 901 under this charter, which shall be held on the Second Tuesday in 902 HB 1043 2022 CODING: Words stricken are deletions; words underlined are additions. hb1043-00 Page 42 of 46 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 August, 1957, for the election of a Town Councilmember 903 Councilman for Seats One, Two, Three and Four and for Mayor. The 904 election of the councilmembers Councilman for Seats One and Two 905 shall be for a two year term, commencing at 8: 00 O'Clock P. M. 906 on the fourth Tuesday in August, 1957, and the election of 907 councilmembers Councilman for Seats Three and Four and Mayor 908 shall be for a three year term, commencing at 8: 00 O'Clock P. 909 M. on the fourth Tuesday in August, 1957. The terms of all 910 councilmembers in office as of August 1, 2020, shall be extended 911 in order to accomplish the goal of holding the Town Council 912 elections on the general election date established by the 913 Florida Election Code. The election of councilmembers for Seats 914 3 and 4 and Mayor shall be held on November 8, 2022, in 915 accordance with the Florida Electi on Code and thereafter the 916 councilmembers for Seats 3 and 4 and Mayor shall serve for a 917 four year term. The terms of councilmembers for Seats 1 and 2 918 shall be extended to the general election date established by 919 the Florida Election Code for the calendar y ear 2022, and 920 thereafter the councilmembers for Seats 1 and 2 shall serve for 921 a four year term. Thereafter all members of the Town Council 922 shall be elected for a three year term. 923 Section 46. 72. PUBLICITY OF RECORDS. All records and 924 HB 1043 2022 CODING: Words stricken are deletions; words underlined are additions. hb1043-00 Page 43 of 46 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 accounts of every office, department or agency of the town shall 925 be open to inspection by any citizen, any representative of a 926 citizens' organization or any representative of the press at all 927 reasonable times and under reasonable regulations established by 928 the Town Council. 929 Section 47. 73. OFFICIAL BONDS. The Town Council shall 930 determine whether or not each officer, clerk, or employee shall 931 give bond, and the amount thereof, but all officers, clerks and 932 employees handling any funds or property of the town shall be 933 required to give bond to the town, which bonds shall be procured 934 from a regularly accredited surety company authorized to do 935 business under the laws of Florida, the premiums on such bonds 936 to be paid by the town. All such bonds shall be filed in the 937 office of the Town Clerk treasurer and collector . 938 Section 48. 74. OATH OF OFFICE. Every officer of the town 939 shall, before entering upon the duties of his or her office, 940 take and subscribe to the following oath or affirmation, to be 941 filed and kept in the office of th e town clerk: 942 "I do solemnly swear (or affirm) that I will support 943 the Constitution and will obey the laws of the United 944 States and of the State of Florida, that I will, in 945 all respects, observe the provisions of the charter 946 HB 1043 2022 CODING: Words stricken are deletions; words underlined are additions. hb1043-00 Page 44 of 46 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 and ordinances of the Town of F ort White, and will 947 faithfully discharge the duties of the office of 948 ................." 949 Section 49. 75. EFFECT OF THIS CHARTER ON EXISTING LAW. 950 All laws and parts of laws relating to or affecting the town in 951 force when this charter shall take effect ar e hereby repealed 952 and superseded to the extent that the same are inconsistent with 953 the provisions of this charter. 954 Section 50. 76. WHEN GENERAL LAWS OF STATE APPLICABLE. All 955 general laws of the state, applicable to municipal corporations 956 now or which may hereafter be enacted, and which are not in 957 conflict with the provisions of this charter or with the 958 ordinances and resolutions hereafter enacted by the Town Council 959 shall be applicable to this town; provided, however, that 960 nothing contained in this char ter shall be construed as limiting 961 the power of the Town Council to enact any ordinance or 962 resolution not in conflict with the Constitution of the state or 963 with the express provisions of this charter. 964 Section 51. 77. GENERAL LAW OF STATE GOVERNING CITY 965 COUNCILS TO APPLY TO TOWN COUNCILS. That any right or authority 966 given or permitted by the Constitution and laws of the State of 967 Florida to City Councils not inconsistent with the provisions of 968 HB 1043 2022 CODING: Words stricken are deletions; words underlined are additions. hb1043-00 Page 45 of 46 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 this Act shall be given, permitted and extended to the Town 969 Councilmen of the Town of Fort White. 970 Section 52. 78. DEDICATION OF STREETS. No street or alley 971 hereinafter dedicated to public use by the owner of any land 972 within the town shall be deemed a public street or alley, under 973 the care or control of the town, unless the dedication be 974 accepted and confirmed by ordinance passed for such purpose. 975 Section 53. 79. FISCAL YEAR. The fiscal year of the town 976 shall be from October January 1st to September 30th December 977 31st of each year. 978 Section 54. 80. EXECUTION OF CONTRACTS AND VALIDATION OF 979 TOWN WARRANTS FOR EXPENDITURE OF FUNDS. In addition to all other 980 requirements of this charter regarding contracts, no contract 981 entered into by the town shall be valid until executed on behalf 982 of the town by the Ma yor or a Councilmember and Town Clerk. In 983 addition to all other requirements under this charter regarding 984 the disbursement or payment of town funds, no warrant for the 985 payment of town funds shall be valid unless signed by the Mayor 986 and the Town Clerk Treasurer. In addition to the requirements of 987 this section regarding the disbursement of funds, the Town 988 Council may, by ordinance, prescribe additional requirements. 989 Section 55. 81. SHORT TITLE. This charter, adopted by the 990 HB 1043 2022 CODING: Words stricken are deletions; words underlined are additions. hb1043-00 Page 46 of 46 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 people of the Town of Fort White, shall be known and may be 991 cited as the "Fort White Charter." 992 Section 56. 82. SEPARABILITY CLAUSE. If any section or part 993 of section of this charter shall be held invalid by a court of 994 competent jurisdiction, such holding shall not affect the 995 remainder of this charter nor the context in which such section 996 or part of section so hold invalid may appear, except to the 997 extent that an entire section or part of section may be 998 inseparably connected in meaning and effect with the section or 999 part of section to wh ich such holding shall directly apply. 1000 Section 2. This act shall take effect upon becoming a law. 1001