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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 Sarasota County; creating the Town 2
of Siesta Key; providing a charter; providing 3
legislative intent; providing a commission -manager 4
form of government; providing boundaries; providing 5
the town fiscal year; providing the town commission 6
and composition thereof; providing terms, duties, and 7
powers; providing a mayor and vice mayor and their 8
terms and duties; providing compensation and 9
reimbursement of expenses of commission members; 10
providing scheduling requirements of commission 11
meetings; providing rulemaking authority; providing 12
quorum; providing commission's rights to make motions; 13
providing vote requirements; providing for filling of 14
vacancies and forfeiture of office; providing for 15
appointment of boards, other commissions, and 16
committees; providing a town manager, an acting town 17
manager, a town clerk, and a town attorney; providing 18
qualifications, compensation, powers, and duties of 19
the manager; providing the qualifications and duties 20
of the town clerk; providing qualifications, duties, 21
and compensation of the town attorney; providing 22
actions required to be taken by ordinance; providing 23
future amendments to the charter; providing charter 24
reviews; providing severability; providing procedures 25
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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
for the first election and the town transition 26
schedule; providing first -year expenses; providing 27
transitional ordinances and resolutions; providing a 28
transitional comprehensive plan and transitional land 29
development regulations; providing entitlement to 30
state-shared revenues; providing entitlement to a ll 31
local revenue sources allowed by general law; 32
providing the sharing of communications services tax 33
revenues; providing receipt and distribution of local 34
option gas tax revenues; providing waiver of specified 35
eligibility provisions; requiring a referendu m; 36
providing effective dates. 37
38
Be It Enacted by the Legislature of the State of Florida: 39
40
Section 1. Corporate name; purpose of charter; creation 41
and establishment of the Town of Siesta Key. — 42
(1) CORPORATE NAME. —The municipality hereby establishe d 43
shall be known as the Town of Siesta Key ("town"). 44
(2) PURPOSE OF THE CHARTER. —This act, together with any 45
future amendments thereto, may be known as the Charter of the 46
Town of Siesta Key ("charter"). 47
(a) It is in the best interests of the public hea lth, 48
safety, and welfare of the residents of the unincorporated 49
Siesta Key area to form a separate municipality for the 50
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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
unincorporated Siesta Key area with all the powers and authority 51
necessary to provide adequate and efficient municipal services 52
to its residents. 53
(b) It is intended that this charter and the incorporation 54
of the unincorporated Siesta Key area will serve to preserve and 55
protect the character, natural resources, and quality of life of 56
the community. 57
(c) It is the intent of this charter a nd the incorporation 58
of the unincorporated Siesta Key area to secure the benefits of 59
self-determination and affirm the values of representative 60
democracy, citizen participation, strong community leadership, 61
professional management, and regional cooperation . 62
(d) It is the intent of this charter and the incorporation 63
of the unincorporated Siesta Key area to maintain a financially 64
secure and sustainable municipal government and to responsibly 65
manage the municipality's debt obligations without causing the 66
state to incur any liability. 67
(3) CREATION AND ESTABLISHMENT OF THE TOWN OF SIESTA KEY. — 68
(a) This act shall take effect upon approval by a majority 69
vote of those qualified electors residing within the corporate 70
limits of the proposed town as described in section 3 voting in 71
a referendum election to be called by the Board of County 72
Commissioners of Sarasota County in conjunction with the 73
Supervisor of Elections of Sarasota County to be held November 74
5, 2024, in accordance with the provisions of law relating to 75
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elections currently in force. 76
(b) For the purpose of compliance with s. 200.066, Florida 77
Statutes, relating to assessment and collection of ad valorem 78
taxes, the Town of Siesta Key is created and established 79
effective upon approval by a majority vote of those qualified 80
electors residing within the corporate limits as described in 81
section 3. 82
Section 2. Powers of town; form of government. — 83
(1) POWERS OF THE TOWN. —The town shall have all available 84
governmental, corporate, and proprietary powers of a 85
municipality under the State Constitution and laws of this state 86
as fully and completely as though such powers were specifically 87
enumerated in this charter, and may exercise them, except where 88
prohibited by law. Through the adoption of this charter, it i s 89
the intent of the electors of the town that the municipal 90
government established in this section shall have the broadest 91
exercise of home rule powers permitted under the State 92
Constitution and laws of the state. 93
(2) CONSTRUCTION.—The powers of the town under this 94
charter shall be construed liberally in favor of the town, and 95
the specific mention of particular powers in the charter shall 96
not be construed as limiting the general powers granted in this 97
charter in any way. 98
(3) FORM OF GOVERNMENT. —The town shall be a commission -99
manager form of government. 100
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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 3. Corporate boundaries. —The territorial 101
boundaries of the Town of Siesta Key upon the date of 102
incorporation shall be as follows: 103
104
The subject territory for the incorporation of Siesta 105
Key, Sarasota County Florida bounded on the North by 106
the South line of the City of Sarasota and bounded on 107
the South by following legal description: 108
109
Begin at the U.S. government Meander corner on the 110
east shore of Casey key (now Siesta Key) between 111
Section 33, Township 37 South, Range 18 East and 112
Section 4, Township 38 South, Range 18 east, as 113
restored in accordance with U. S. government Field 114
Notes of the original survey of 1909 and represented 115
by a 4" X4" concrete monument, thence using the 116
Township line as an E ast bearing, run east along the 117
Township line 103.58 feet, to the center line of an 118
existing travelway, thence N30' 46'00" West along said 119
center line of said travelway, 133.79 feet; thence S 120
62'00'00" West, 211.89 feet to the ordinance line 121
agreed upon per Ordinance No. 83-78, dated October 5, 122
1983 Sarasota County, Florida: thence S32'38'08' East, 123
85.28 feet; thence N 62'00'00" East, 120.00 feet to 124
the meander corner. 125
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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
126
It includes all waters of the State surrounding Siesta 127
Key except for the portion locate d in the City of 128
Sarasota or adjacent to Sarasota County Beach parks, 129
for one half mile offshore into the Gulf of Mexico 130
from the mean high water line of the island; and for 131
other waters, 150 feet offshore from the mean high 132
water line. 133
134
Section 4. Fiscal year.—The fiscal year of the town shall 135
begin on the first day of October and end on the last day of 136
September of the following calendar year. 137
Section 5. Elected officials.— 138
(1) GENERAL.—The Town of Siesta Key shall have a town 139
commission ("commission") consisting of five commission members, 140
who shall be elected in the manner provided in this charter. The 141
commission shall constitute the governing body of the town. 142
(2) ELECTION; TERMS. — 143
(a) The commission members shall be elected by the 144
qualified electors of the town at large for 4 -year terms, 145
staggered as set out in this section, until a successor takes 146
office. Commencing with the initial election, the three 147
commissioner candidates receiving the highest number of votes 148
shall be elected for 4 -year terms and the two commissioner 149
candidates receiving the next -highest number of votes shall be 150
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elected for 2-year terms. Thereafter, the elections shall be for 151
full 4-year terms, conducted in conjunction with the state's 152
general election. If necessary fo r coordination with the state 153
and local elections requirements, the terms may be extended or 154
shortened, but in no event by more than 1 year. 155
(b) No commission member may be elected for or serve more 156
than two terms or portions of terms consecutively, exce pt that 157
the commission members elected for 2 -year terms at the initial 158
election may be elected for and serve two terms plus one 159
additional term consecutively. 160
(3) CONDUCT OF ELECTIONS. —The Sarasota County Supervisor 161
of Elections will conduct elections in accordance with state 162
qualification and election laws and this charter. 163
(4) POWERS AND DUTIES OF COMMISSION. —All powers of the 164
town shall be vested in the commission, except as otherwise 165
provided by the State Constitution, general or local laws, or 166
this charter. The commission shall comply with and provide for 167
the exercise of power and for the performance of all duties and 168
obligations imposed on the town by law and by this charter. 169
Without limitation, the commission has full powers to conduct 170
the town business; to adopt ordinances, resolutions, 171
administrative codes, regulations, and motions; to appoint a 172
chief administrative officer to be known as the town manager; to 173
provide oversight into and be responsible for the town budgeting 174
process; to adopt a com prehensive plan and land development 175
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regulations; and to exercise all other powers provided to, and 176
perform all duties required of, a governing body by the State 177
Constitution, general or local laws, or this charter. 178
(5) INVESTIGATIONS. —The commission has the power to 179
investigate and penalize with civil sanctions misconduct of 180
commission members, appointed citizens, officials, employees, 181
and those persons or firms providing contract work for the town. 182
The commission may engage the services of independent 183
investigators to provide information and recommendations and may 184
engage the services of an independent special magistrate to hear 185
cases and make recommendations. The commission has the power to 186
enforce the gathering of documentary evidence and to compel 187
witness testimony through the subpoena power. 188
(6) MAYOR; VICE MAYOR. —At the first regularly scheduled 189
meeting after the town's first election and each regular 190
election thereafter and after receiving the certified results of 191
the election, the commission, by a majority vote, shall select 192
from its membership a mayor. Upon selection of the mayor, the 193
newly selected mayor shall preside over the selection of a vice 194
mayor. The vice mayor shall be selected in the same manner as 195
the mayor. The mayor and vice mayor sh all serve in such 196
capacities for 1 year or until the first regular commission 197
meeting occurring after 1 year after the date of the previous 198
selection. The mayor shall preside at meetings of the 199
commission, shall be recognized as the head of town government 200
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for all ceremonial purposes, and shall be recognized by the 201
Governor for military law and for service of process but shall 202
have no administrative duties. The vice mayor shall act as mayor 203
during the absence or disability of the mayor. If the office of 204
mayor becomes vacant upon death, incapacitation due to long -term 205
illness, resignation, removal from office in any manner 206
authorized by law, or forfeiture of office, the vice mayor shall 207
serve as acting mayor until the next regular commission meeting, 208
at which time the commission shall elect a mayor and, if the 209
vice mayor is elected mayor, a vice mayor. 210
(7) COMPENSATION.— An ordinance is required to set or 211
modify compensation of the commission members. The initial 212
commission shall not be compensated and will take the matter up 213
in due course at a regularly scheduled meeting. If the 214
commission at any point takes action to install or adjust 215
compensation of its members, the salary shall not be adjusted 216
until after the first day after the next regular municipal 217
election. The commission shall be entitled to receive their 218
actual and necessary expenses incurred in the performance of 219
their official duties in accordance with general law. 220
(8) COMMISSION MEETINGS; CONDUCT OF BUSINESS; QUORUM. — 221
(a) The commission shall meet regularly at least once a 222
month at such times and places as the commission may prescribe 223
by ordinance. By majority vote, the commission may elect to 224
forego regular meetings in July and August. Special meetings may 225
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be held at the call of the mayor or, in the absence of the 226
mayor, the vice mayor or by request of a majority of the 227
commission members. 228
(b) The town clerk shall provide notice of all public 229
meetings as required by law and this charter at least 24 hours 230
before a meeting unless a declared eme rgency exists. 231
(c) The commission may adopt rules for the conduct of its 232
business and meetings, consistent with general law. 233
(d) A quorum to conduct any business consists of a 234
majority of the commission membership. Conduct of business means 235
any business, not just action items. If a quorum does not exist, 236
the mayor may recess the meeting until a quorum is obtained or 237
may adjourn the meeting. 238
(9) MOTIONS AND VOTING. —All commission members, including 239
the mayor and vice mayor, have an equal right to make motions 240
and seconds; to have reasonable opportunity to discuss matters 241
before voting; and to engage in civil discourse at meetings. As 242
provided by general law, actions are taken by a majority vote of 243
the quorum present unless a super majority is required. 244
(10) SUPER MAJORITY VOTE. —An affirmative vote of at least 245
four of five commission members shall be required to approve any 246
rezoning, special exception, variance, or vacation of any 247
rights-of-way in the town. 248
(11) VACANCIES; FORFEITURE OF OFFICE; DISCIPLINE.— 249
(a) The office of a commission member shall become vacant 250
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upon death, incapacitation due to long -term illness, 251
resignation, removal from office in any manner authorized by 252
law, or forfeiture of the commission member's office. 253
(b) A commission member shall forfeit office if the 254
member: 255
1. Lacks at any time during the term of office any 256
qualifications for the office prescribed by this charter or 257
general law; 258
2. Violates any standard of conduct or code of ethics 259
established by law f or public officials or has been suspended 260
for the same by the Governor without reinstatement; 261
3. Is convicted of a felony, or enters a plea of guilty or 262
nolo contendere to a crime punishable as a felony, even if 263
adjudication has been withheld; 264
4. Is convicted of a first-degree misdemeanor arising 265
directly out of the commission member's conduct or duties 266
relating to the office, or enters a plea of guilty or nolo 267
contendere to a crime punishable as a first -degree misdemeanor, 268
even if adjudication has been withheld; or 269
5. Is absent from three consecutive regular commission 270
meetings without being excused by the commission. 271
(c) A commission member may be disciplined by unanimous 272
vote of all other commission members for any reason set out in 273
paragraph (b) and for any of the following: 274
1. Unruly behavior to the point of being disruptive to the 275
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conduct of public meetings or town business. The penalty for 276
unruly behavior may include removal from a meeting, public 277
censure, or both. 278
2. Violation of the commi ssioner-manager form of 279
government. Except for the purpose of inquiry and information, 280
the commission and its membership are expressly prohibited from 281
interfering with the performance of the duties of any town 282
employee or contractor who is under the direct or indirect 283
supervision of the town manager or town attorney. Such 284
interference constitutes malfeasance in office within the 285
meaning of general law. The penalty for violation of the 286
commission-manager form of government may include public censure 287
up to removal from office. 288
(12) FILLING OF VACANCIES. —A vacancy on the commission 289
shall be filled in one of the following ways: 290
(a) If there are less than 6 months remaining in the 291
unexpired term or if there are less than 6 months before the 292
next regular town election, the commission, by a majority vote 293
of the remaining members, shall choose a successor to serve 294
until the newly elected commission member takes office. If 2 or 295
more years remain in the term of the vacated seat at the time of 296
the next regular town election, that seat shall be filled by 297
election for the remaining 2 years. 298
(b) If there are 6 months or more remaining in the 299
unexpired term and no regular town election is scheduled within 300
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6 months, the commission shall fill the vacancy on an interim 301
basis as provided in paragraph (a) and shall schedule a special 302
election to be held not sooner than 120 days, nor more than 150 303
days, following the occurrence of the vacancy. 304
(13) EXTRAORDINARY VACANCIES. —If at any time the 305
membership of the commission is reduced to less than a quorum, 306
the Governor shall appoint interim commission members to fill 307
the vacancies. Unless otherwise provided by law or by the 308
Governor's order, the town shall hold a special town election in 309
conjunction with the next regular state primary or general 310
election or, if there are 6 months or more until the next 311
regular state primary or general election, the town shall hold a 312
special town election. Candidates shall be elected for the 313
remainder of the previously vacated terms with the cand idates 314
receiving the most votes elected to the longer remaining terms 315
and the candidates receiving the next -highest number of votes 316
elected to the shorter remaining terms. 317
(14) COMMISSION BOARDS, OTHER COMMISSIONS, AND 318
COMMITTEES.—The commission may appo int citizens to its boards, 319
other commissions, and committees. Unless provided in this 320
charter or general law, the qualifications and terms will be as 321
provided by the commission by ordinance, resolution, or motion. 322
The commission may suspend or remove appo inted persons for any 323
cause for which a commission member may be removed or for any 324
lawful reason as may be established by the commission, including 325
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the same prohibitions and penalties relating to interference 326
with the commission-manager form of government that apply to the 327
commission. 328
Section 6. Town manager.— 329
(1) APPOINTMENT AND QUALIFICATIONS OF THE TOWN MANAGER. —330
The commission shall appoint a town manager ("manager") by a 331
majority vote of the commission. The manager shall be chosen 332
based on education and experience in the accepted competencies 333
and practices of local government management. The manager shall 334
be the administrative head of the municipal government under the 335
direction and supervision of the commission. The manager shall 336
hold office at the pleasure of the commission. The manager may 337
be an employee or an independent contractor and may be a firm if 338
an individual is designated as manager. 339
(2) COMPENSATION OF THE MANAGER. —The manager shall receive 340
such compensation as the commission may fix . 341
(3) ACTING TOWN MANAGER. —Unless there has been a 342
designated acting town manager position, the manager, by letter 343
filed with the town clerk, shall designate a town officer other 344
than a commission member or an employee to exercise the powers 345
and perform the duties of the manager during the manager's 346
temporary absence or disability. In case of the manager's 347
disability, the commission may make such designation. The 348
commission may revoke such designation at any time and appoint 349
another officer or employee to serve until the manager returns 350
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or is removed. 351
(4) POWERS AND DUTIES. —The manager, as the chief executive 352
officer of the town, is responsible to the commission for the 353
management of all town affairs placed in the manager's charge by 354
and under this chart er. The manager shall, as example and not by 355
way of limitation: 356
(a) See that the laws and ordinances are enforced. 357
(b) Appoint and remove all subordinate officers and 358
employees of the town. 359
(c) Exercise, control, and direct supervision over all 360
departments and divisions of the municipal government under this 361
charter, or which may hereafter be created by the commission, 362
except for the offices of town attorney, boards, other 363
commissions, and authorities. 364
(d) See that all terms and conditions imposed i n favor of 365
the town and its inhabitants in any public contracts and utility 366
franchises are faithfully kept and performed and to call the 367
same to the attention of the town attorney whose duty it is to 368
take such legal steps as may be necessary to enforce the same. 369
(e) Attend all meetings of the commission with the right 370
to take part in discussions without having a vote. 371
(f) Recommend to the commission for adoption such measures 372
as the manager may deem necessary or expedient in the interest 373
of the town. 374
(g) Keep the commission fully advised as to the financial 375
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condition and future needs of the town, prepare and submit the 376
annual budget and capital program to the commission, and 377
implement the final budget approved by the commission to achieve 378
the goals of the town. 379
(h) Submit to the commission and make available to the 380
public a complete report on the finances and administrative 381
activities of the town as of the end of each fiscal year. 382
(i) Make such other reports as the commission may require 383
concerning operations. 384
(j) Assist the commission in developing long -term goals 385
for the town and strategies to implement these goals. 386
(k) Promote comity among the commission, staff, and 387
residents in developing public policy and building a sense of 388
community. 389
(l) Perform such other duties as may be prescribed under 390
this act or as may be required of the manager by ordinance, 391
resolution, motion, or direction of the commission. 392
Section 7. Town clerk.— 393
(1) APPOINTMENT AND QUALIFICATIONS. —The manager shall 394
serve as town clerk or may retain a person to serve as town 395
clerk ("clerk"). The clerk and any deputy clerks shall be 396
appointed based on training or experience in local government 397
recordkeeping. 398
(2) DUTIES.—The clerk shall be the custodian of all town 399
records, give notice of commission meetings to its membership 400
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and the public, keep minutes of meeting proceedings, serve as 401
the town's election official, and perform such other duties as 402
are assigned by this charter, the commission, or general law. 403
Section 8. Town attorney.— 404
(1) APPOINTMENT AND QUALIFICATIONS OF THE TOWN ATTORNEY. —405
The commission shall appoint a town attorney by a majority vote. 406
The town attorney must be licensed to practice law in the state, 407
be a member in good standing of The Florida Bar, an d be chosen 408
based on education and experience in the accepted competencies 409
and practices of local government law. The town attorney may be 410
an employee or contractor. If the town attorney is in a law 411
firm, a designated attorney shall serve as the town attor ney. 412
(2) DUTIES.—The town attorney shall serve as chief legal 413
adviser to the commission, the town manager, the town clerk, and 414
all departments, offices, and agencies of the town; shall 415
represent the town in all legal proceedings; and shall perform 416
any other duties prescribed by state law, this charter, or local 417
ordinance. The commission may authorize the town attorney to 418
employ assistant town attorneys or engage outside counsel 419
whenever it is deemed necessary or expedient to employ such 420
additional counsel, and such attorneys are to be selected by the 421
town attorney, and their compensation shall be fixed and 422
determined by the commission. 423
Section 9. Actions required to be taken by ordinance. — 424
(1) The following actions must be taken by ordinance: 425
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(a) Disposition of or changes of use to owned property of 426
the town. 427
(b) Amendment of town rights -of-way to beach, bay, and 428
water access. 429
(2) The following actions may be taken only by referendum: 430
(a) Vacation or sale of any rights -of-way that provide 431
direct or indirect beach, bay, or water access. 432
(b) Any action requiring a referendum under general law. 433
Section 10. Initiative, referendum, and recall. —The right 434
of the people to propose charter provisions or amendments and 435
ordinances by initiative, to subject same to referendum, and to 436
recall municipal elected officials through municipal recall are 437
provided in general law and are recognized and preserved in this 438
charter. 439
Section 11. Amendment to the charter. —This charter may be 440
amended according to provisions of general law. 441
Section 12. Charter review.—At least one time in each 10 442
years, the commission shall review, or cause to be reviewed, the 443
town charter. The review may be performed by the commission or 444
by an advisory board, other commission, or a committee appointed 445
by the commission. Following such review, the commission may 446
take such action as may be in the best interest of the town in 447
accordance with the provisions of this charter. 448
Section 13. If any provision of this charter or the 449
application thereof to any person or circumstance is held 450
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invalid, the invalidity shall not affect other provisions or 451
applications of this charter which can be given effect without 452
the invalid provisions or application, and to this end the 453
provisions of this charter are declared severable. 454
Section 14. Referendum election; transition. — 455
(1) REFERENDUM ELECTION. —The referendum election called 456
for by this act shall be held on November 5, 2024, at which time 457
the following question shall be placed on the ball ot: 458
Shall the Town of Siesta Key be created and its 459
charter adopted? 460
YES . . . . 461
NO . . . . 462
463
In the event this question is answered affirmatively by a 464
majority of voters voting in the referendum, the charter will 465
take effect as provided herein. The referendum election shall be 466
conducted by the Supervisor of Elections of Sarasota County in 467
accordance with the Florida Election Code, and the cost of such 468
election shall be funded by the Board of County Commissioners of 469
Sarasota County. 470
(2) INITIAL ELECTION OF COMMISSION.— 471
(a) After the adoption of this charter, the Board of 472
County Commissioners of Sarasota County shall call an election 473
to be held March 11, 2025, for the election of five commission 474
members. The election shall be conducted by the Superv isor of 475
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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
Elections of Sarasota County in accordance with the Florida 476
Election Code, and the cost of such election shall initially be 477
funded by the Board of County Commissioners of Sarasota County, 478
and the Town of Siesta Key will reimburse the county the cos t of 479
the election. 480
(b) An individual who wishes to run for one of five 481
initial seats on the commission shall qualify with the 482
Supervisor of Elections of Sarasota County in accordance with 483
this charter and general law. The qualifying period for the 484
initial election of the commission shall begin at noon on the 485
second Monday in January and end at noon on the second Friday in 486
January, unless otherwise provided by law. To qualify, a 487
candidate for the commission must have resided in the town 488
boundaries of the Town of Siesta Key for at least 1 year prior 489
to the end of the qualifying period. Commission members must 490
reside in the Town of Siesta Key to serve on the commission. 491
(c) For the initial elections, the county canvassing board 492
shall certify the results of the elections in accordance with 493
general law. 494
(d) Commencing with the initial election, the three 495
commissioner candidates receiving the highest number of votes 496
shall be elected for 4 -year terms and the two commissioner 497
candidates receiving the next -highest number of votes shall be 498
elected for 2-year terms. Thereafter, all terms shall be for a 499
period of 4 years. 500
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(3) SCHEDULE.— 501
(a) First election of commission members. —At the time of 502
its adoption, this charter shall be in effect to the extent 503
necessary so that the first election of commission members may 504
be conducted in accordance with this charter. 505
(b) Time of taking full effect. —This charter shall be in 506
full effect for all purposes on and after the date of the first 507
meeting of the newly elected commi ssion provided in paragraph 508
(c). 509
(c) First commission meeting. —On March 26, 2025, if the 510
results of the election of the commission under this charter 511
have been certified, the newly elected commission members shall 512
meet at a location to be determined. In the event the results 513
have not been certified by March 26, 2025, the newly elected 514
commission members shall meet on the following Tuesday. The 515
initial commission shall have the authority and power to enter 516
into contracts, arrange for the hiring of legal co unsel, begin 517
recruiting applicants for town manager, provide for necessary 518
town offices and facilities, and do such other things as it 519
deems necessary and appropriate for the town. 520
(4) FIRST-YEAR EXPENSES.—The commission, in order to 521
provide moneys for t he expenses and support of the town, shall 522
have the power to borrow money necessary for the initial 523
operation of municipal government until such time as a budget is 524
adopted and revenues are raised in accordance with this charter. 525
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(5) TRANSITIONAL ORDINAN CES AND RESOLUTIONS. — 526
(a) All applicable county ordinances currently in place at 527
the time of passage of the referendum, unless specifically 528
referenced in this charter, shall remain in place until and 529
unless rescinded by action of the commission, except t hat a 530
county ordinance, rule, or regulation that is in conflict with 531
an ordinance, rule, or regulation of the town shall not be 532
effective to the extent of such conflict. Any existing Sarasota 533
County ordinances, rules, and regulations, as of April 1, 2025, 534
shall not be altered, changed, rescinded, or added to, nor shall 535
any variance be granted, if such action would affect the town 536
without the approval of the commission. 537
(b) The commission shall adopt ordinances and resolutions 538
required to effect the transi tion. 539
(6) TRANSITIONAL COMPREHENSIVE PLAN. —Until such time as 540
the town adopts a comprehensive plan, the Sarasota County 541
Comprehensive Plan, as it exists on the day that the town 542
commences corporate existence, shall remain in effect as the 543
town's transitional comprehensive plan. However, all planning 544
functions, duties, and authority shall thereafter be vested in 545
the commission, which shall be deemed the local planning agency 546
until the commission establishes a separate local planning 547
agency or arrangement. 548
(7) TRANSITIONAL LAND DEVELOPMENT REGULATIONS. —To 549
implement the transitional comprehensive land use plan when 550
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adopted, the town shall, in accordance with the procedures 551
required by the laws of the state, adopt ordinances providing 552
for land use developmen t regulations within the corporate 553
limits. Until the town adopts ordinances, the following shall 554
apply: 555
(a) The comprehensive land use plan and land use 556
development regulations of Sarasota County, including the Siesta 557
Key Overlay District, as the same ex ists on the date that the 558
town commenced corporate existence, shall remain in effect as 559
the town's transitional land use development regulations and 560
comprehensive land use plan. 561
(b) All powers and duties of the Sarasota County Growth 562
Management and Build ing Departments, the Sarasota County Special 563
Magistrate, and the Board of County Commissioners of Sarasota 564
County, as provided in these transitional land use development 565
regulations, shall be vested in the commission until such time 566
as the commission deleg ates all powers and duties, or a portion 567
thereof, to another agency, department, or entity. 568
(c) Subsequent to the adoption of a local comprehensive 569
land use plan and subject to general law, the commission is 570
fully empowered to amend, supersede, enforce, or repeal the 571
transitional land use development regulations, or any portion 572
thereof, by ordinance. 573
(d) Subsequent to the commencement of the town's corporate 574
existence, an amendment of the comprehensive land use plan or 575
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land use development regulations e nacted by the Board of County 576
Commissioners of Sarasota County shall not be deemed an 577
amendment of the town's transitional comprehensive land use plan 578
or land use development regulations or otherwise take effect 579
within the town's municipal boundaries. 580
(8) STATE-SHARED REVENUES.—The town shall be entitled to 581
participate in all revenue -sharing programs of the state 582
effective April 1, 2025. The provisions of s. 218.23(1), Florida 583
Statutes, shall be waived for the purpose of conducting audits 584
and financial reporting through the end of the town fiscal year 585
2025-2026. For purposes of complying with s. 218.23(1), Florida 586
Statutes, relating to ad valorem taxation, the millage levied by 587
special districts may be used for an indefinite period of time. 588
Initial revised population estimates for calculating eligibility 589
for shared revenues shall be determined by the University of 590
Florida Bureau of Economic and Business Research. Should the 591
bureau be unable to provide an appropriate population estimate, 592
the Sarasota Office of Housing and Community Development shall 593
provide the estimate. 594
(9) LOCAL REVENUE SOURCES. —The town shall be entitled to 595
receive all local revenue sources available pursuant to general 596
law, including, but not limited to, the local communications 597
services tax imposed under s. 202.19, Florida Statutes. Taxes 598
levied for debt service or ad valorem taxes levied by special 599
millages authorized by voters shall count to produce the revenue 600
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equivalent to a millage rate of three mills on the dollar for 601
revenue-sharing purposes. The local communications services tax 602
rate imposed by Sarasota County will continue within the town 603
boundaries during the period commencing with the date of 604
incorporation. Revenues from the tax shall be shared by Sarasota 605
County with the town in proportion to the projected town 606
population estimate of the Sarasota County Planning and Zoning 607
Division compared with the unincorporated population of Sarasota 608
County before the incorporation of the town. 609
(10) LOCAL OPTION GAS TAX REVENUES. —Notwithstanding the 610
requirements of s. 336.025, Florida Statutes, the town shall be 611
entitled to receive local option gas tax revenue beginning on 612
October 1, 2024. These revenues shall be distributed in 613
accordance with general law or by any interlocal agreement 614
negotiated with the Board of County Commissioners of Sarasota 615
County. 616
(11) CONTRACTUAL SERVICES AND FACILITIES. —Contractual 617
services for law enforcement, emergency management, public 618
works, parks and recreation, planning and zoning, building 619
inspection, development review, animal control, library 620
services, town manager, town attorney, and solid waste 621
collection may be supplied by a contract between the town and 622
the Board of County Commissioners of Sarasota County, special 623
districts, municipalities, or privat e enterprise until such time 624
as the commission establishes such independent services. 625
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However, existing solid waste contracts shall be honored as 626
required by s. 165.061(1)(f), Florida Statutes, and s. 10, 627
Article I of the State Constitution. Facilities for housing the 628
newly formed municipal operations may be rented or leased until 629
the town selects more permanent facilities. 630
(12) SARASOTA COUNTY MUNICIPAL SERVICE TAXING UNITS; 631
CONTINUATION.—Notwithstanding the incorporation of the Town of 632
Siesta Key, that portion of the Sarasota County Fire and Rescue 633
MSTU, Parks and Recreation Municipal Service Taxing Unit, 634
Stormwater Municipal Service Taxing Unit, and Roads Municipal 635
Service Taxing Unit, and special taxing districts created by the 636
Board of County Commissi oners of Sarasota County that lie within 637
the boundaries of the Town of Siesta Key are authorized to 638
continue in existence until the town adopts an ordinance, 639
resolution, or interlocal agreement to the contrary. 640
(13) LAW ENFORCEMENT. —Law enforcement servi ces shall be 641
provided by the Sarasota County Sheriff's Office until the town 642
adopts an ordinance or resolution or enters into an interlocal 643
agreement to the contrary. 644
(14) ELIMINATION OF TRANSITIONAL ELEMENTS FROM THIS 645
CHARTER.—Upon completion of the tra nsitional phase provided in 646
this charter, the sections of the charter relating to transition 647
may be eliminated from this charter. 648
Section 15. Waiver.—The thresholds established by s. 649
165.061, Florida Statues, for incorporation have been met with 650
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the following exception: a waiver is granted to the provisions 651
of s. 165.061(1)(d), Florida Statutes, relating to the 652
requirement for a 2-mile minimum distance of any part of the 653
area proposed for incorporation from the boundaries of an 654
existing municipality wit hin the county. 655
Section 16. This act shall take effect only upon its 656
approval by a majority vote of those qualified electors residing 657
within the corporate limits of the proposed Town of Siesta Key, 658
as described in section 3, voting in a referendum conducted in 659
accordance with the provisions of law relating to elections 660
currently in force, except that this section and subsection (1) 661
of section 14 shall take effect upon becoming a law. 662