FL
Florida House Bill H0923

Florida 2023 Regular Session

Florida House Bill H0923 Compare Versions

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1010 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
1111
1212 A bill to be entitled 1
1313 An act relating to Sarasota County; creating the Town 2
1414 of Siesta Key; providing a charter; providing 3
1515 legislative intent; providing a commission -manager 4
1616 form of government; providing boundaries; providing 5
1717 the town fiscal year; providing the town commission 6
1818 and composition thereof; providing terms, duties, and 7
1919 powers; providing a mayor and vice mayor and their 8
2020 terms and duties; providing compensation and 9
2121 reimbursement of expenses of commission members; 10
2222 providing scheduling requirements of commission 11
2323 meetings; providing rulemaking authority; providing 12
2424 quorum; providing commission's rights to make motions; 13
2525 providing vote requirements; providing for filling of 14
2626 vacancies and forfeiture of office; providing for 15
2727 appointment of boards, other commissions, and 16
2828 committees; providing a town manager, an acting town 17
2929 manager, a town clerk, and a town attorney; providing 18
3030 qualifications, compensation, powers, and duties of 19
3131 the manager; providing the qualifications and duties 20
3232 of the town clerk; providing qualifications, duties, 21
3333 and compensation of the town attorney; providing 22
3434 actions required to be taken by ordinance; providing 23
3535 future amendments to the charter; providing charter 24
3636 reviews; providing severability; providing procedures 25
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4545 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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4747 for the first election and the town transition 26
4848 schedule; providing first -year expenses; providing 27
4949 transitional ordinances and resolutions; providing a 28
5050 transitional comprehensive plan and transitional land 29
5151 development regulations; providing entitlement to 30
5252 state-shared revenues; providing entitlement to a ll 31
5353 local revenue sources allowed by general law; 32
5454 providing the sharing of communications services tax 33
5555 revenues; providing receipt and distribution of local 34
5656 option gas tax revenues; providing waiver of specified 35
5757 eligibility provisions; requiring a referendu m; 36
5858 providing effective dates. 37
5959 38
6060 Be It Enacted by the Legislature of the State of Florida: 39
6161 40
6262 Section 1. Corporate name; purpose of charter; creation 41
6363 and establishment of the Town of Siesta Key. — 42
6464 (1) CORPORATE NAME. —The municipality hereby establishe d 43
6565 shall be known as the Town of Siesta Key ("town"). 44
6666 (2) PURPOSE OF THE CHARTER. —This act, together with any 45
6767 future amendments thereto, may be known as the Charter of the 46
6868 Town of Siesta Key ("charter"). 47
6969 (a) It is in the best interests of the public hea lth, 48
7070 safety, and welfare of the residents of the unincorporated 49
7171 Siesta Key area to form a separate municipality for the 50
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8080 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
8181
8282 unincorporated Siesta Key area with all the powers and authority 51
8383 necessary to provide adequate and efficient municipal services 52
8484 to its residents. 53
8585 (b) It is intended that this charter and the incorporation 54
8686 of the unincorporated Siesta Key area will serve to preserve and 55
8787 protect the character, natural resources, and quality of life of 56
8888 the community. 57
8989 (c) It is the intent of this charter a nd the incorporation 58
9090 of the unincorporated Siesta Key area to secure the benefits of 59
9191 self-determination and affirm the values of representative 60
9292 democracy, citizen participation, strong community leadership, 61
9393 professional management, and regional cooperation . 62
9494 (d) It is the intent of this charter and the incorporation 63
9595 of the unincorporated Siesta Key area to maintain a financially 64
9696 secure and sustainable municipal government and to responsibly 65
9797 manage the municipality's debt obligations without causing the 66
9898 state to incur any liability. 67
9999 (3) CREATION AND ESTABLISHMENT OF THE TOWN OF SIESTA KEY. — 68
100100 (a) This act shall take effect upon approval by a majority 69
101101 vote of those qualified electors residing within the corporate 70
102102 limits of the proposed town as described in section 3 voting in 71
103103 a referendum election to be called by the Board of County 72
104104 Commissioners of Sarasota County in conjunction with the 73
105105 Supervisor of Elections of Sarasota County to be held November 74
106106 5, 2024, in accordance with the provisions of law relating to 75
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115115 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
116116
117117 elections currently in force. 76
118118 (b) For the purpose of compliance with s. 200.066, Florida 77
119119 Statutes, relating to assessment and collection of ad valorem 78
120120 taxes, the Town of Siesta Key is created and established 79
121121 effective upon approval by a majority vote of those qualified 80
122122 electors residing within the corporate limits as described in 81
123123 section 3. 82
124124 Section 2. Powers of town; form of government. — 83
125125 (1) POWERS OF THE TOWN. —The town shall have all available 84
126126 governmental, corporate, and proprietary powers of a 85
127127 municipality under the State Constitution and laws of this state 86
128128 as fully and completely as though such powers were specifically 87
129129 enumerated in this charter, and may exercise them, except where 88
130130 prohibited by law. Through the adoption of this charter, it i s 89
131131 the intent of the electors of the town that the municipal 90
132132 government established in this section shall have the broadest 91
133133 exercise of home rule powers permitted under the State 92
134134 Constitution and laws of the state. 93
135135 (2) CONSTRUCTION.—The powers of the town under this 94
136136 charter shall be construed liberally in favor of the town, and 95
137137 the specific mention of particular powers in the charter shall 96
138138 not be construed as limiting the general powers granted in this 97
139139 charter in any way. 98
140140 (3) FORM OF GOVERNMENT. —The town shall be a commission -99
141141 manager form of government. 100
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150150 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
151151
152152 Section 3. Corporate boundaries. —The territorial 101
153153 boundaries of the Town of Siesta Key upon the date of 102
154154 incorporation shall be as follows: 103
155155 104
156156 The subject territory for the incorporation of Siesta 105
157157 Key, Sarasota County Florida bounded on the North by 106
158158 the South line of the City of Sarasota and bounded on 107
159159 the South by following legal description: 108
160160 109
161161 Begin at the U.S. government Meander corner on the 110
162162 east shore of Casey key (now Siesta Key) between 111
163163 Section 33, Township 37 South, Range 18 East and 112
164164 Section 4, Township 38 South, Range 18 east, as 113
165165 restored in accordance with U. S. government Field 114
166166 Notes of the original survey of 1909 and represented 115
167167 by a 4" X4" concrete monument, thence using the 116
168168 Township line as an E ast bearing, run east along the 117
169169 Township line 103.58 feet, to the center line of an 118
170170 existing travelway, thence N30' 46'00" West along said 119
171171 center line of said travelway, 133.79 feet; thence S 120
172172 62'00'00" West, 211.89 feet to the ordinance line 121
173173 agreed upon per Ordinance No. 83-78, dated October 5, 122
174174 1983 Sarasota County, Florida: thence S32'38'08' East, 123
175175 85.28 feet; thence N 62'00'00" East, 120.00 feet to 124
176176 the meander corner. 125
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185185 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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187187 126
188188 It includes all waters of the State surrounding Siesta 127
189189 Key except for the portion locate d in the City of 128
190190 Sarasota or adjacent to Sarasota County Beach parks, 129
191191 for one half mile offshore into the Gulf of Mexico 130
192192 from the mean high water line of the island; and for 131
193193 other waters, 150 feet offshore from the mean high 132
194194 water line. 133
195195 134
196196 Section 4. Fiscal year.—The fiscal year of the town shall 135
197197 begin on the first day of October and end on the last day of 136
198198 September of the following calendar year. 137
199199 Section 5. Elected officials.— 138
200200 (1) GENERAL.—The Town of Siesta Key shall have a town 139
201201 commission ("commission") consisting of five commission members, 140
202202 who shall be elected in the manner provided in this charter. The 141
203203 commission shall constitute the governing body of the town. 142
204204 (2) ELECTION; TERMS. — 143
205205 (a) The commission members shall be elected by the 144
206206 qualified electors of the town at large for 4 -year terms, 145
207207 staggered as set out in this section, until a successor takes 146
208208 office. Commencing with the initial election, the three 147
209209 commissioner candidates receiving the highest number of votes 148
210210 shall be elected for 4 -year terms and the two commissioner 149
211211 candidates receiving the next -highest number of votes shall be 150
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220220 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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222222 elected for 2-year terms. Thereafter, the elections shall be for 151
223223 full 4-year terms, conducted in conjunction with the state's 152
224224 general election. If necessary fo r coordination with the state 153
225225 and local elections requirements, the terms may be extended or 154
226226 shortened, but in no event by more than 1 year. 155
227227 (b) No commission member may be elected for or serve more 156
228228 than two terms or portions of terms consecutively, exce pt that 157
229229 the commission members elected for 2 -year terms at the initial 158
230230 election may be elected for and serve two terms plus one 159
231231 additional term consecutively. 160
232232 (3) CONDUCT OF ELECTIONS. —The Sarasota County Supervisor 161
233233 of Elections will conduct elections in accordance with state 162
234234 qualification and election laws and this charter. 163
235235 (4) POWERS AND DUTIES OF COMMISSION. —All powers of the 164
236236 town shall be vested in the commission, except as otherwise 165
237237 provided by the State Constitution, general or local laws, or 166
238238 this charter. The commission shall comply with and provide for 167
239239 the exercise of power and for the performance of all duties and 168
240240 obligations imposed on the town by law and by this charter. 169
241241 Without limitation, the commission has full powers to conduct 170
242242 the town business; to adopt ordinances, resolutions, 171
243243 administrative codes, regulations, and motions; to appoint a 172
244244 chief administrative officer to be known as the town manager; to 173
245245 provide oversight into and be responsible for the town budgeting 174
246246 process; to adopt a com prehensive plan and land development 175
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255255 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
256256
257257 regulations; and to exercise all other powers provided to, and 176
258258 perform all duties required of, a governing body by the State 177
259259 Constitution, general or local laws, or this charter. 178
260260 (5) INVESTIGATIONS. —The commission has the power to 179
261261 investigate and penalize with civil sanctions misconduct of 180
262262 commission members, appointed citizens, officials, employees, 181
263263 and those persons or firms providing contract work for the town. 182
264264 The commission may engage the services of independent 183
265265 investigators to provide information and recommendations and may 184
266266 engage the services of an independent special magistrate to hear 185
267267 cases and make recommendations. The commission has the power to 186
268268 enforce the gathering of documentary evidence and to compel 187
269269 witness testimony through the subpoena power. 188
270270 (6) MAYOR; VICE MAYOR. —At the first regularly scheduled 189
271271 meeting after the town's first election and each regular 190
272272 election thereafter and after receiving the certified results of 191
273273 the election, the commission, by a majority vote, shall select 192
274274 from its membership a mayor. Upon selection of the mayor, the 193
275275 newly selected mayor shall preside over the selection of a vice 194
276276 mayor. The vice mayor shall be selected in the same manner as 195
277277 the mayor. The mayor and vice mayor sh all serve in such 196
278278 capacities for 1 year or until the first regular commission 197
279279 meeting occurring after 1 year after the date of the previous 198
280280 selection. The mayor shall preside at meetings of the 199
281281 commission, shall be recognized as the head of town government 200
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290290 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
291291
292292 for all ceremonial purposes, and shall be recognized by the 201
293293 Governor for military law and for service of process but shall 202
294294 have no administrative duties. The vice mayor shall act as mayor 203
295295 during the absence or disability of the mayor. If the office of 204
296296 mayor becomes vacant upon death, incapacitation due to long -term 205
297297 illness, resignation, removal from office in any manner 206
298298 authorized by law, or forfeiture of office, the vice mayor shall 207
299299 serve as acting mayor until the next regular commission meeting, 208
300300 at which time the commission shall elect a mayor and, if the 209
301301 vice mayor is elected mayor, a vice mayor. 210
302302 (7) COMPENSATION.— An ordinance is required to set or 211
303303 modify compensation of the commission members. The initial 212
304304 commission shall not be compensated and will take the matter up 213
305305 in due course at a regularly scheduled meeting. If the 214
306306 commission at any point takes action to install or adjust 215
307307 compensation of its members, the salary shall not be adjusted 216
308308 until after the first day after the next regular municipal 217
309309 election. The commission shall be entitled to receive their 218
310310 actual and necessary expenses incurred in the performance of 219
311311 their official duties in accordance with general law. 220
312312 (8) COMMISSION MEETINGS; CONDUCT OF BUSINESS; QUORUM. — 221
313313 (a) The commission shall meet regularly at least once a 222
314314 month at such times and places as the commission may prescribe 223
315315 by ordinance. By majority vote, the commission may elect to 224
316316 forego regular meetings in July and August. Special meetings may 225
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325325 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
326326
327327 be held at the call of the mayor or, in the absence of the 226
328328 mayor, the vice mayor or by request of a majority of the 227
329329 commission members. 228
330330 (b) The town clerk shall provide notice of all public 229
331331 meetings as required by law and this charter at least 24 hours 230
332332 before a meeting unless a declared eme rgency exists. 231
333333 (c) The commission may adopt rules for the conduct of its 232
334334 business and meetings, consistent with general law. 233
335335 (d) A quorum to conduct any business consists of a 234
336336 majority of the commission membership. Conduct of business means 235
337337 any business, not just action items. If a quorum does not exist, 236
338338 the mayor may recess the meeting until a quorum is obtained or 237
339339 may adjourn the meeting. 238
340340 (9) MOTIONS AND VOTING. —All commission members, including 239
341341 the mayor and vice mayor, have an equal right to make motions 240
342342 and seconds; to have reasonable opportunity to discuss matters 241
343343 before voting; and to engage in civil discourse at meetings. As 242
344344 provided by general law, actions are taken by a majority vote of 243
345345 the quorum present unless a super majority is required. 244
346346 (10) SUPER MAJORITY VOTE. —An affirmative vote of at least 245
347347 four of five commission members shall be required to approve any 246
348348 rezoning, special exception, variance, or vacation of any 247
349349 rights-of-way in the town. 248
350350 (11) VACANCIES; FORFEITURE OF OFFICE; DISCIPLINE.— 249
351351 (a) The office of a commission member shall become vacant 250
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360360 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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362362 upon death, incapacitation due to long -term illness, 251
363363 resignation, removal from office in any manner authorized by 252
364364 law, or forfeiture of the commission member's office. 253
365365 (b) A commission member shall forfeit office if the 254
366366 member: 255
367367 1. Lacks at any time during the term of office any 256
368368 qualifications for the office prescribed by this charter or 257
369369 general law; 258
370370 2. Violates any standard of conduct or code of ethics 259
371371 established by law for publ ic officials or has been suspended 260
372372 for the same by the Governor without reinstatement; 261
373373 3. Is convicted of a felony, or enters a plea of guilty or 262
374374 nolo contendere to a crime punishable as a felony, even if 263
375375 adjudication has been withheld; 264
376376 4. Is convicted of a first-degree misdemeanor arising 265
377377 directly out of the commission member's conduct or duties 266
378378 relating to the office, or enters a plea of guilty or nolo 267
379379 contendere to a crime punishable as a first -degree misdemeanor, 268
380380 even if adjudication has been withhe ld; or 269
381381 5. Is absent from three consecutive regular commission 270
382382 meetings without being excused by the commission. 271
383383 (c) A commission member may be disciplined by unanimous 272
384384 vote of all other commission members for any reason set out in 273
385385 paragraph (b) and for any of the following: 274
386386 1. Unruly behavior to the point of being disruptive to the 275
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395395 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
396396
397397 conduct of public meetings or town business. The penalty for 276
398398 unruly behavior may include removal from a meeting, public 277
399399 censure, or both. 278
400400 2. Violation of the commissioner -manager form of 279
401401 government. Except for the purpose of inquiry and information, 280
402402 the commission and its membership are expressly prohibited from 281
403403 interfering with the performance of the duties of any town 282
404404 employee or contractor who is under the direct or ind irect 283
405405 supervision of the town manager or town attorney. Such 284
406406 interference constitutes malfeasance in office within the 285
407407 meaning of general law. The penalty for violation of the 286
408408 commission-manager form of government may include public censure 287
409409 up to removal from office. 288
410410 (12) FILLING OF VACANCIES. —A vacancy on the commission 289
411411 shall be filled in one of the following ways: 290
412412 (a) If there are less than 6 months remaining in the 291
413413 unexpired term or if there are less than 6 months before the 292
414414 next regular town electio n, the commission, by a majority vote 293
415415 of the remaining members, shall choose a successor to serve 294
416416 until the newly elected commission member takes office. If 2 or 295
417417 more years remain in the term of the vacated seat at the time of 296
418418 the next regular town electio n, that seat shall be filled by 297
419419 election for the remaining 2 years. 298
420420 (b) If there are 6 months or more remaining in the 299
421421 unexpired term and no regular town election is scheduled within 300
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430430 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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432432 6 months, the commission shall fill the vacancy on an interim 301
433433 basis as provided in paragraph (a) and shall schedule a special 302
434434 election to be held not sooner than 120 days, nor more than 150 303
435435 days, following the occurrence of the vacancy. 304
436436 (13) EXTRAORDINARY VACANCIES. —If at any time the 305
437437 membership of the commission is reduced to less than a quorum, 306
438438 the Governor shall appoint interim commission members to fill 307
439439 the vacancies. Unless otherwise provided by law or by the 308
440440 Governor's order, the town shall hold a special town election in 309
441441 conjunction with the next regular state primary or general 310
442442 election or, if there are 6 months or more until the next 311
443443 regular state primary or general election, the town shall hold a 312
444444 special town election. Candidates shall be elected for the 313
445445 remainder of the previously vacated terms with the candidates 314
446446 receiving the most votes elected to the longer remaining terms 315
447447 and the candidates receiving the next -highest number of votes 316
448448 elected to the shorter remaining terms. 317
449449 (14) COMMISSION BOARDS, OTHER COMMISSIONS, AND 318
450450 COMMITTEES.—The commission may appoint cit izens to its boards, 319
451451 other commissions, and committees. Unless provided in this 320
452452 charter or general law, the qualifications and terms will be as 321
453453 provided by the commission by ordinance, resolution, or motion. 322
454454 The commission may suspend or remove appointed p ersons for any 323
455455 cause for which a commission member may be removed or for any 324
456456 lawful reason as may be established by the commission, including 325
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465465 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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467467 the same prohibitions and penalties relating to interference 326
468468 with the commission-manager form of government that a pply to the 327
469469 commission. 328
470470 Section 6. Town manager.— 329
471471 (1) APPOINTMENT AND QUALIFICATIONS OF THE TOWN MANAGER. —330
472472 The commission shall appoint a town manager ("manager") by a 331
473473 majority vote of the commission. The manager shall be chosen 332
474474 based on education and experience in the accepted competencies 333
475475 and practices of local government management. The manager shall 334
476476 be the administrative head of the municipal government under the 335
477477 direction and supervision of the commission. The manager shall 336
478478 hold office at the plea sure of the commission. The manager may 337
479479 be an employee or an independent contractor and may be a firm if 338
480480 an individual is designated as manager. 339
481481 (2) COMPENSATION OF THE MANAGER. —The manager shall receive 340
482482 such compensation as the commission may fix. 341
483483 (3) ACTING TOWN MANAGER. —Unless there has been a 342
484484 designated acting town manager position, the manager, by letter 343
485485 filed with the town clerk, shall designate a town officer other 344
486486 than a commission member or an employee to exercise the powers 345
487487 and perform the duties of the manager during the manager's 346
488488 temporary absence or disability. In case of the manager's 347
489489 disability, the commission may make such designation. The 348
490490 commission may revoke such designation at any time and appoint 349
491491 another officer or employee to serve until the manager returns 350
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500500 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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502502 or is removed. 351
503503 (4) POWERS AND DUTIES. —The manager, as the chief executive 352
504504 officer of the town, is responsible to the commission for the 353
505505 management of all town affairs placed in the manager's charge by 354
506506 and under this charter. The manager shall, as example and not by 355
507507 way of limitation: 356
508508 (a) See that the laws and ordinances are enforced. 357
509509 (b) Appoint and remove all subordinate officers and 358
510510 employees of the town. 359
511511 (c) Exercise, control, and direct supervision over all 360
512512 departments and divisions of the municipal government under this 361
513513 charter, or which may hereafter be created by the commission, 362
514514 except for the offices of town attorney, boards, other 363
515515 commissions, and authorities. 364
516516 (d) See that all terms and conditions imposed in favor of 365
517517 the town and its inhabitants in any public contracts and utility 366
518518 franchises are faithfully kept and performed and to call the 367
519519 same to the attention of the town attorney whose duty it is to 368
520520 take such legal steps as may be necessary to enforce the same. 369
521521 (e) Attend all meetings of the commission with the right 370
522522 to take part in discussions without having a vote. 371
523523 (f) Recommend to the commission for adoption such measures 372
524524 as the manager may deem necessary or expedient in the interest 373
525525 of the town. 374
526526 (g) Keep the commission fully advised as to the financial 375
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535535 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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537537 condition and future needs of the town, prepare and submit the 376
538538 annual budget and capital program to the commission, and 377
539539 implement the final budget approved by the commission to achieve 378
540540 the goals of the tow n. 379
541541 (h) Submit to the commission and make available to the 380
542542 public a complete report on the finances and administrative 381
543543 activities of the town as of the end of each fiscal year. 382
544544 (i) Make such other reports as the commission may require 383
545545 concerning operations. 384
546546 (j) Assist the commission in developing long -term goals 385
547547 for the town and strategies to implement these goals. 386
548548 (k) Promote comity among the commission, staff, and 387
549549 residents in developing public policy and building a sense of 388
550550 community. 389
551551 (l) Perform such other duties as may be prescribed under 390
552552 this act or as may be required of the manager by ordinance, 391
553553 resolution, motion, or direction of the commission. 392
554554 Section 7. Town clerk.— 393
555555 (1) APPOINTMENT AND QUALIFICATIONS. —The manager shall 394
556556 serve as town clerk or may retain a person to serve as town 395
557557 clerk ("clerk"). The clerk and any deputy clerks shall be 396
558558 appointed based on training or experience in local government 397
559559 recordkeeping. 398
560560 (2) DUTIES.—The clerk shall be the custodian of all town 399
561561 records, give notice of commission meetings to its membership 400
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570570 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
571571
572572 and the public, keep minutes of meeting proceedings, serve as 401
573573 the town's election official, and perform such other duties as 402
574574 are assigned by this charter, the commission, or general law. 403
575575 Section 8. Town attorney.— 404
576576 (1) APPOINTMENT AND QUALIFICATIONS OF THE TOWN ATTORNEY. —405
577577 The commission shall appoint a town attorney by a majority vote. 406
578578 The town attorney must be licensed to practice law in the state, 407
579579 be a member in good standing of The Florida Bar, an d be chosen 408
580580 based on education and experience in the accepted competencies 409
581581 and practices of local government law. The town attorney may be 410
582582 an employee or contractor. If the town attorney is in a law 411
583583 firm, a designated attorney shall serve as the town attor ney. 412
584584 (2) DUTIES.—The town attorney shall serve as chief legal 413
585585 adviser to the commission, the town manager, the town clerk, and 414
586586 all departments, offices, and agencies of the town; shall 415
587587 represent the town in all legal proceedings; and shall perform 416
588588 any other duties prescribed by state law, this charter, or local 417
589589 ordinance. The commission may authorize the town attorney to 418
590590 employ assistant town attorneys or engage outside counsel 419
591591 whenever it is deemed necessary or expedient to employ such 420
592592 additional counsel, and such attorneys are to be selected by the 421
593593 town attorney, and their compensation shall be fixed and 422
594594 determined by the commission. 423
595595 Section 9. Actions required to be taken by ordinance. — 424
596596 (1) The following actions must be taken by ordinance: 425
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605605 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
606606
607607 (a) Disposition of or changes of use to owned property of 426
608608 the town. 427
609609 (b) Amendment of town rights -of-way to beach, bay, and 428
610610 water access. 429
611611 (2) The following actions may be taken only by referendum: 430
612612 (a) Vacation or sale of any rights -of-way that provide 431
613613 direct or indirect beach, bay, or water access. 432
614614 (b) Any action requiring a referendum under general law. 433
615615 Section 10. Initiative, referendum, and recall. —The right 434
616616 of the people to propose charter provisions or amendments and 435
617617 ordinances by initiative, to subject same to referendum, and to 436
618618 recall municipal elected officials through municipal recall are 437
619619 provided in general law and are recognized and preserved in this 438
620620 charter. 439
621621 Section 11. Amendment to the charter. —This charter may be 440
622622 amended according to provisions of general law. 441
623623 Section 12. Charter review.—At least one time in each 10 442
624624 years, the commission shall review, or cause to be reviewed, the 443
625625 town charter. The review may be performed by the commission or 444
626626 by an advisory board, other commissi on, or a committee appointed 445
627627 by the commission. Following such review, the commission may 446
628628 take such action as may be in the best interest of the town in 447
629629 accordance with the provisions of this charter. 448
630630 Section 13. If any provision of this charter or the 449
631631 application thereof to any person or circumstance is held 450
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640640 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
641641
642642 invalid, the invalidity shall not affect other provisions or 451
643643 applications of this charter which can be given effect without 452
644644 the invalid provisions or application, and to this end the 453
645645 provisions of this charter are declared severable. 454
646646 Section 14. Referendum election; transition. — 455
647647 (1) REFERENDUM ELECTION. —The referendum election called 456
648648 for by this act shall be held on November 5, 2024, at which time 457
649649 the following question shall be placed on the ballot: 458
650650 Shall the Town of Siesta Key be created and its 459
651651 charter adopted? 460
652652 YES . . . . 461
653653 NO . . . . 462
654654 463
655655 In the event this question is answered affirmatively by a 464
656656 majority of voters voting in the referendum, the charter will 465
657657 take effect as provided herein. The referendum election shall be 466
658658 conducted by the Supervisor of Elections of Sarasota County in 467
659659 accordance with the Florida Election Code, and the cost of such 468
660660 election shall be funded by the Board of County Commissioners of 469
661661 Sarasota County. 470
662662 (2) INITIAL ELECTION OF COMMISSION.— 471
663663 (a) After the adoption of this charter, the Board of 472
664664 County Commissioners of Sarasota County shall call an election 473
665665 to be held March 11, 2025, for the election of five commission 474
666666 members. The election shall be conducted by the Superv isor of 475
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675675 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
676676
677677 Elections of Sarasota County in accordance with the Florida 476
678678 Election Code, and the cost of such election shall initially be 477
679679 funded by the Board of County Commissioners of Sarasota County, 478
680680 and the Town of Siesta Key will reimburse the county the cos t of 479
681681 the election. 480
682682 (b) An individual who wishes to run for one of five 481
683683 initial seats on the commission shall qualify with the 482
684684 Supervisor of Elections of Sarasota County in accordance with 483
685685 this charter and general law. The qualifying period for the 484
686686 initial election of the commission shall begin at noon on the 485
687-second Monday in January and end at noon on the second Friday in 486
687+second Monday in January and end at noon on the second in 486
688688 January, unless otherwise provided by law. To qualify, a 487
689689 candidate for the commission must have resided in the town 488
690690 boundaries of the Town of Siesta Key for at least 1 year prior 489
691691 to the end of the qualifying period. Commission members must 490
692692 reside in the Town of Siesta Key to serve on the commission. 491
693693 (c) For the initial elections, the county canvassing board 492
694694 shall certify the results of the ele ctions in accordance with 493
695695 general law. 494
696696 (d) Commencing with the initial election, the three 495
697697 commissioner candidates receiving the highest number of votes 496
698698 shall be elected for 4 -year terms and the two commissioner 497
699699 candidates receiving the next -highest number of votes shall be 498
700700 elected for 2-year terms. Thereafter, all terms shall be for a 499
701701 period of 4 years. 500
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710710 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
711711
712712 (3) SCHEDULE.— 501
713713 (a) First election of commission members. —At the time of 502
714714 its adoption, this charter shall be in effect to the extent 503
715715 necessary so that the first election of commission members may 504
716716 be conducted in accordance with this charter. 505
717717 (b) Time of taking full effect. —This charter shall be in 506
718718 full effect for all purposes on and after the date of the first 507
719719 meeting of the newly elected commission p rovided in paragraph 508
720720 (c). 509
721721 (c) First commission meeting. —On March 26, 2025, if the 510
722722 results of the election of the commission under this charter 511
723723 have been certified, the newly elected commission members shall 512
724724 meet at a location to be determined. In the eve nt the results 513
725725 have not been certified by March 26, 2025, the newly elected 514
726726 commission members shall meet on the following Tuesday. The 515
727727 initial commission shall have the authority and power to enter 516
728728 into contracts, arrange for the hiring of legal counsel, begin 517
729729 recruiting applicants for town manager, provide for necessary 518
730730 town offices and facilities, and do such other things as it 519
731731 deems necessary and appropriate for the town. 520
732732 (4) FIRST-YEAR EXPENSES.—The commission, in order to 521
733733 provide moneys for the expe nses and support of the town, shall 522
734734 have the power to borrow money necessary for the initial 523
735735 operation of municipal government until such time as a budget is 524
736736 adopted and revenues are raised in accordance with this charter. 525
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745745 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
746746
747747 (5) TRANSITIONAL ORDINANCES AND RESOLUTIONS.— 526
748748 (a) All applicable county ordinances currently in place at 527
749749 the time of passage of the referendum, unless specifically 528
750750 referenced in this charter, shall remain in place until and 529
751751 unless rescinded by action of the commission, except that a 530
752752 county ordinance, rule, or regulation that is in conflict with 531
753753 an ordinance, rule, or regulation of the town shall not be 532
754754 effective to the extent of such conflict. Any existing Sarasota 533
755755 County ordinances, rules, and regulations, as of April 1, 2025, 534
756756 shall not be altered, changed, rescinded, or added to, nor shall 535
757757 any variance be granted, if such action would affect the town 536
758758 without the approval of the commission. 537
759759 (b) The commission shall adopt ordinances and resolutions 538
760760 required to effect the transition. 539
761761 (6) TRANSITIONAL COMPREHENSIVE PLAN. —Until such time as 540
762762 the town adopts a comprehensive plan, the Sarasota County 541
763763 Comprehensive Plan, as it exists on the day that the town 542
764764 commences corporate existence, shall remain in effect as the 543
765765 town's transitional co mprehensive plan. However, all planning 544
766766 functions, duties, and authority shall thereafter be vested in 545
767767 the commission, which shall be deemed the local planning agency 546
768768 until the commission establishes a separate local planning 547
769769 agency or arrangement. 548
770770 (7) TRANSITIONAL LAND DEVELOPMENT REGULATIONS. —To 549
771771 implement the transitional comprehensive land use plan when 550
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780780 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
781781
782782 adopted, the town shall, in accordance with the procedures 551
783783 required by the laws of the state, adopt ordinances providing 552
784784 for land use development regul ations within the corporate 553
785785 limits. Until the town adopts ordinances, the following shall 554
786786 apply: 555
787787 (a) The comprehensive land use plan and land use 556
788788 development regulations of Sarasota County, including the Siesta 557
789789 Key Overlay District, as the same exists on the date that the 558
790790 town commenced corporate existence, shall remain in effect as 559
791791 the town's transitional land use development regulations and 560
792792 comprehensive land use plan. 561
793793 (b) All powers and duties of the Sarasota County Growth 562
794794 Management and Building Dep artments, the Sarasota County Special 563
795795 Magistrate, and the Board of County Commissioners of Sarasota 564
796796 County, as provided in these transitional land use development 565
797797 regulations, shall be vested in the commission until such time 566
798798 as the commission delegates al l powers and duties, or a portion 567
799799 thereof, to another agency, department, or entity. 568
800800 (c) Subsequent to the adoption of a local comprehensive 569
801801 land use plan and subject to general law, the commission is 570
802802 fully empowered to amend, supersede, enforce, or repe al the 571
803803 transitional land use development regulations, or any portion 572
804804 thereof, by ordinance. 573
805805 (d) Subsequent to the commencement of the town's corporate 574
806806 existence, an amendment of the comprehensive land use plan or 575
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815815 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
816816
817817 land use development regulations enacted by the Board of County 576
818818 Commissioners of Sarasota County shall not be deemed an 577
819819 amendment of the town's transitional comprehensive land use plan 578
820820 or land use development regulations or otherwise take effect 579
821821 within the town's municipal boundaries. 580
822822 (8) STATE-SHARED REVENUES.—The town shall be entitled to 581
823823 participate in all revenue -sharing programs of the state 582
824824 effective April 1, 2025. The provisions of s. 218.23(1), Florida 583
825825 Statutes, shall be waived for the purpose of conducting audits 584
826826 and financial reporting through the end of the town fiscal year 585
827827 2025-2026. For purposes of complying with s. 218.23(1), Florida 586
828828 Statutes, relating to ad valorem taxation, the millage levied by 587
829829 special districts may be used for an indefinite period of time. 588
830830 Initial revised popula tion estimates for calculating eligibility 589
831831 for shared revenues shall be determined by the University of 590
832832 Florida Bureau of Economic and Business Research. Should the 591
833833 bureau be unable to provide an appropriate population estimate, 592
834834 the Sarasota Office of Hous ing and Community Development shall 593
835835 provide the estimate. 594
836836 (9) LOCAL REVENUE SOURCES. —The town shall be entitled to 595
837837 receive all local revenue sources available pursuant to general 596
838838 law, including, but not limited to, the local communications 597
839839 services tax imposed under s. 202.19, Florida Statutes. Taxes 598
840840 levied for debt service or ad valorem taxes levied by special 599
841841 millages authorized by voters shall count to produce the revenue 600
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850850 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
851851
852852 equivalent to a millage rate of three mills on the dollar for 601
853853 revenue-sharing purposes. The local communications services tax 602
854854 rate imposed by Sarasota County will continue within the town 603
855855 boundaries during the period commencing with the date of 604
856856 incorporation. Revenues from the tax shall be shared by Sarasota 605
857857 County with the town in pro portion to the projected town 606
858858 population estimate of the Sarasota County Planning and Zoning 607
859859 Division compared with the unincorporated population of Sarasota 608
860860 County before the incorporation of the town. 609
861861 (10) LOCAL OPTION GAS TAX REVENUES. —Notwithstanding the 610
862862 requirements of s. 336.025, Florida Statutes, the town shall be 611
863863 entitled to receive local option gas tax revenue beginning on 612
864864 October 1, 2024. These revenues shall be distributed in 613
865865 accordance with general law or by any interlocal agreement 614
866866 negotiated with the Board of County Commissioners of Sarasota 615
867867 County. 616
868868 (11) CONTRACTUAL SERVICES AND FACILITIES. —Contractual 617
869869 services for law enforcement, emergency management, public 618
870870 works, parks and recreation, planning and zoning, building 619
871871 inspection, developmen t review, animal control, library 620
872872 services, town manager, town attorney, and solid waste 621
873873 collection may be supplied by a contract between the town and 622
874874 the Board of County Commissioners of Sarasota County, special 623
875875 districts, municipalities, or private enter prise until such time 624
876876 as the commission establishes such independent services. 625
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885885 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
886886
887887 However, existing solid waste contracts shall be honored as 626
888888 required by s. 165.061(1)(f), Florida Statutes, and s. 10, 627
889889 Article I of the State Constitution. Facilities for housin g the 628
890890 newly formed municipal operations may be rented or leased until 629
891891 the town selects more permanent facilities. 630
892892 (12) SARASOTA COUNTY MUNICIPAL SERVICE TAXING UNITS; 631
893893 CONTINUATION.—Notwithstanding the incorporation of the Town of 632
894894 Siesta Key, that portion of the Sarasota County Fire and Rescue 633
895895 MSTU, Parks and Recreation Municipal Service Taxing Unit, 634
896896 Stormwater Municipal Service Taxing Unit, and Roads Municipal 635
897897 Service Taxing Unit, and special taxing districts created by the 636
898898 Board of County Commissioners o f Sarasota County that lie within 637
899899 the boundaries of the Town of Siesta Key are authorized to 638
900900 continue in existence until the town adopts an ordinance, 639
901901 resolution, or interlocal agreement to the contrary. 640
902902 (13) LAW ENFORCEMENT. —Law enforcement services shall be 641
903903 provided by the Sarasota County Sheriff's Office until the town 642
904904 adopts an ordinance or resolution or enters into an interlocal 643
905905 agreement to the contrary. 644
906906 (14) ELIMINATION OF TRANSITIONAL ELEMENTS FROM THIS 645
907907 CHARTER.—Upon completion of the transit ional phase provided in 646
908908 this charter, the sections of the charter relating to transition 647
909909 may be eliminated from this charter. 648
910910 Section 15. Waiver.—The thresholds established by s. 649
911911 165.061, Florida Statues, for incorporation have been met with 650
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920920 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
921921
922922 the following exception: a waiver is granted to the provisions 651
923923 of s. 165.061(1)(d), Florida Statutes, relating to the 652
924924 requirement for a 2-mile minimum distance of any part of the 653
925925 area proposed for incorporation from the boundaries of an 654
926926 existing municipality within the county. 655
927927 Section 16. This act shall take effect only upon its 656
928928 approval by a majority vote of those qualified electors residing 657
929929 within the corporate limits of the proposed Town of Siesta Key, 658
930930 as described in section 3, voting in a referendum conducte d in 659
931931 accordance with the provisions of law relating to elections 660
932932 currently in force, except that this section and subsection (1) 661
933933 of section 14 shall take effect upon becoming a law. 662