4274 Revise Charter of City of SanfordPage 11
Ordinance No. 2012 -4274
An Ordinance of the City of Sanford, Florida, to revise the Charter of
the City of Sanford; providing for revisions to sections relating to
City Commission elections and terms of office; amending Sections
2.01, 6.01 and 6.04 of the City Charter, providing for legislative
findings and intent; providing for implementing administrative
actions; providing for a savings provision; providing for conflicts;
providing for the duties of the City Clerk and others; providing for
inclusion in the City Charter and powers and authority for the Code
codifier; providing for conflicts; providing for severability and
providing for an effective date.
Be it Enacted By the People of the City Of Sanford, Florida:
Section 1. Legislative Finding And Intent. A new explanatory footnote of the
City Code of the City of Sanford is created to read as follows:
(a). The City staff report and City Commission agenda memorandum relating
to this matter can be relied upon to facilitate the understanding of the legislative intent
relating to the provisions of this Ordinance.
(b). The City of Sanford has complied with all requirements and procedures of
Florida law in processing and advertising this Ordinance.
(c). Recent changes in Federal law pertaining to elections, the Military and
Overseas Voter Empowerment Act (the "MOVE Act ") (Public Law 111 — 84 which is part
of the National Defense Authorization Act for Fiscal Year 2010), have potentially
impacted the operations of local government election officials. Beginning with the
November, 2010 general elections, State election officials are now required to send
ballots to overseas citizens 45 days before an election except under emergency
circumstances and election officials must also make blank ballots available
electronically either by fax, e-mail, or internet download. These legal requirements could
affect the elections of the City of Sanford in a potentially significant manner in that,
Underlined type shall constitute additions to the original text, *** shall constitute ellipses
to the original text and str+kethreugh shall constitute deletions to the original text;
provided, however, that completely new text shall not be legislatively scored.
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although the MOVE Act relates to Federal elections, the general principle of law is that
overseas citizens should warrant respect of their franchise in all elections. The 45 -day
period referenced above, would, in actuality, be, of necessity, a 60 -day period in that
certification of the election is a 12 -day process and, thus, although the City would
normatively schedule a runoff election within weeks of the General Election; the 60 -day
period between the General Election and the runoff is problematic. Section 100.3605(2),
Florida Statutes, provides that the governing body of a municipality, such as the City
Commission, may, by ordinance, " . . . change the dates for qualifying and for the
election of members of the governing body of the municipality and provide for the
orderly transition of office resulting from such date changes." Section 166.021(4),
Florida Statutes, also states in pertinent part that:
... nothing in this act shall be construed to permit any changes in a
special law or municipal charter which affect the exercise of extraterritorial
powers or which affect an area which includes lands within and without a
municipality or any changes in a special law or municipal charter which
affect ... the terms of elected officers and the manner of their election
except for the selection of election dates and qualifying p eriods for
candidates and for changes in terms of office necessitate by such
changes in election dates without approval by refere o f the
electors as provided in s. 166.031. ( Emphasis added).
Both the language in Section 166.021(4), Florida Statutes, and Section 100.3605(2),
Florida Statutes, were added to State statutory law by the Florida Legislature when it
enacted Chapter 95 -178, Laws of Florida and the Attorney General of the State of
Florida has issued several opinions relative to related legal issues and stated in
Attorney General Opinion (AGO) Number 2009 -47, dated October 13, 2009, to Kevin
D. Obos, Springfield City Attorney, that "[i]n considering the 1995 legislation, this office
has stated that an examination of the legislative history reflects an intent that
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to the original text and strikethr-eugh shall constitute deletions to the original text;
provided, however, that completely new text shall not be legislatively scored.
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municipalities would be authorized to amend their charters to change the election dates
and qualifying periods for candidates, including any changes in terms of office
necessitated by the amendment, without a referendum." In AGO 2009 -47, the Attorney
General concluded that:
The City of Springfield may, by the same referendum, amend its charter to
change the terms of elected officers from two years to four years and
extend the terms of the currently elected mayor and two of the
commissioners by one additional year.
Prior to AGO 2009 -47, the Attorney General issued AGO Number 2003 -52, dated
November 3, 2003, issued to James C. Brady on behalf of the Mayor and City
Commission of the City of Lauderdale Lakes and stated that:
Accordingly, I am of the opinion that the City of Lauderdale Lakes,
pursuant to sections 166.021(4) and 100.3605, Florida Statutes, may
amend its city charter by ordinance to move the dates of city elections
from March to November to coincide with federal, state, and county
elections, and to extend the terms of the sitting commissioners to
November, when the existing charter was last amended in January 1998.
In AGO Number 2000 -61, dated October 6, 2000, issued to Mr. Frank Comparetto, Jr.,
Mulberry City Attorney, the Attorney General opined that:
Pursuant to section 100.3605, Florida Statutes, the City of Mulberry may
by ordinance amend its city charter to move the dates of city elections
from April to November to coincide with federal, state, and county
elections and to extend the terms of the sitting commissioners to
November.
It is, thus, well settled in Florida law that the City Commission has the power to adjust
periods of qualifying for office and the associated terms of office.
Underlined type shall constitute additions to the original text, *** shall constitute ellipses
to the original text and stFikethreugh. shall constitute deletions to the original text;
provided, however, that completely new text shall not be legislatively scored.
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Section 2. Amendment To Section 2.01 Of City Charter. Section 2.01 of the
City Charter is amended to read as follows:
Section 2.01. - Composition, terms, and eligibility, e a nd
(a) City Commission. That there is hereby created a City Commission of the City of
Sanford, Florida to consist of five (5) members; four (4) Commissioners and a Mayor,
who shall also be known as a Commissioner, each of whom shall be elected for a term
of four (4) years both commencing and terminating on the fourth Monday in January
The City Commissioners holding office shall continue in office until their present terms
of office expire and until their successors are elected and take office, unless vacancies
therein otherwise occur.
(b) Eligibility. Only qualified voters of the city shall be eligible to hold office of
commissioner. No person shall run for more than one commission seat in an election
and no person shall run for mayor and a commission seat in the same election.
- - - M O.-
Underlined type shall constitute additions to the original text, * ** shall constitute ellipses
to the original text and sigh shall constitute deletions to the original text;
provided, however, that completely new text shall not be legislatively scored.
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Underlined type shall constitute additions to the original text, * ** shall constitute ellipses
to the original text and sigh shall constitute deletions to the original text;
provided, however, that completely new text shall not be legislatively scored.
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Section 3. Amendment To Section 6.01 (Moving Provisions Of Section
2.01(c)) Of City Charter. The following underlined provisions of Section 2.01(c) of the
City Charter of the City of Sanford are moved to new Subsections (b), (c) and (d) of
Section 6.01 of the City Charter which Section 6.01 shall, thereupon, read, as amended,
as follows:
Section 6.01. - Election of mayor and commissioners; dates of regular and runoff
elections.
The regular municipal election of the City shall be held simultaneously with
the general state elections of each election year and runoff elections if necessary, shall
be sc heduled for a date as determined by the City Commission after qualification is
comp leted after consultation with the Seminole Countv Superviso of El ections . C ity
Commission seats are hereby designated as Mayor and the seats for City Commission
districts 1, 2, 3, and 4. Candidates for the offices of Mayor and Commissioner shall file
to qualify for that specified Mayoral or Commission district seat as provided by law.
. The regular municipal election shall be held simultane
with the General State Election of each election year for the election of a Mayor and
Cit y Commissioners as the case may be. The candidate shall announce whether he or
she is a candidate for the office of Mayor or for a City Commission district. Where more
than one (1) Commissioner is to be elected the candidates for Commissioner shall be
rou ed by district number and each candidate shall announce the district for which he
or s he is a candidate The candidate for Mayor receiving a maioritv of the vo tes cast for
Mayor shall be elected The candidate in each district for Commission receiving a
maiority of the votes cast in that district shall be elected. In the event that no candidate
for May receives a maiority of the votes cast for Mayor in such re municip
electio a runoff election shall be held as provided in Subsection (a) at which ru noff
election only the two (2) candidates for Mayor receiving the highest vote in the regular
munic election shall be candidates and the candidate for Mayor rec eiving a maiority
of the votes cast for Mayor shall be elected. In the event that no candidate for
Commissioner in a district receives a maiority of the votes cast in that district in such
Underlined type shall constitute additions to the original text, * ** shall constitute ellipses
to the original text and D ough shall constitute deletions to the original text;
provided, however, that completely new text shall not be legislatively scored.
"
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Section 3. Amendment To Section 6.01 (Moving Provisions Of Section
2.01(c)) Of City Charter. The following underlined provisions of Section 2.01(c) of the
City Charter of the City of Sanford are moved to new Subsections (b), (c) and (d) of
Section 6.01 of the City Charter which Section 6.01 shall, thereupon, read, as amended,
as follows:
Section 6.01. - Election of mayor and commissioners; dates of regular and runoff
elections.
The regular municipal election of the City shall be held simultaneously with
the general state elections of each election year and runoff elections if necessary, shall
be sc heduled for a date as determined by the City Commission after qualification is
comp leted after consultation with the Seminole Countv Superviso of El ections . C ity
Commission seats are hereby designated as Mayor and the seats for City Commission
districts 1, 2, 3, and 4. Candidates for the offices of Mayor and Commissioner shall file
to qualify for that specified Mayoral or Commission district seat as provided by law.
. The regular municipal election shall be held simultane
with the General State Election of each election year for the election of a Mayor and
Cit y Commissioners as the case may be. The candidate shall announce whether he or
she is a candidate for the office of Mayor or for a City Commission district. Where more
than one (1) Commissioner is to be elected the candidates for Commissioner shall be
rou ed by district number and each candidate shall announce the district for which he
or s he is a candidate The candidate for Mayor receiving a maioritv of the vo tes cast for
Mayor shall be elected The candidate in each district for Commission receiving a
maiority of the votes cast in that district shall be elected. In the event that no candidate
for May receives a maiority of the votes cast for Mayor in such re municip
electio a runoff election shall be held as provided in Subsection (a) at which ru noff
election only the two (2) candidates for Mayor receiving the highest vote in the regular
munic election shall be candidates and the candidate for Mayor rec eiving a maiority
of the votes cast for Mayor shall be elected. In the event that no candidate for
Commissioner in a district receives a maiority of the votes cast in that district in such
Underlined type shall constitute additions to the original text, * ** shall constitute ellipses
to the original text and D ough shall constitute deletions to the original text;
provided, however, that completely new text shall not be legislatively scored.
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regul municipal election a runoff election shall be held as provided in Subsection (a),
at wh ich runoff election only the two (2) candidates for Commissio receiving the
highest vote in the regular municipal election for that district shall be candidates, and
the candidate for Commissioner receiving a malority of the votes cast for Commissioner
in a district shall be elected Write -in votes shall be allowed and cou nted only in the
regular election held simultaneously with the General State Election. The names of
unopposed candidates shall not appear on the General State Election ballot in
accordance with the General Laws of the State of Florida.
(c) Any matter which by the terms of this Charter may be sub mitted to the
elec tors of the City at anv special election may be submitted and vo ted upon at the
election held simultaneously with the General State Electi
Section 4. Amendment To Section 6.04 Of City Charter. Section 6.04 of
the City Charter of the City of Sanford is amended to read as follows:
Section 6.04. - Commission to declare person elected /commencement of term of
office.
All candidates elected as Mayor or to the as City Commissioner by regular or
runoff election as provided in Section 6.01 shall take office on the fourth first regularly
GGheduled Monday GOMM meet in January immediately following the regular or
runoff election at which successful candidates are determined. All candidates elected by
special election shall take office after certification of the election results by the
Commission.
Section 5. Implementing Administrative Actions.
(a). The City Manager, City Clerk and City Attorney are hereby authorized and
directed to implement the provisions of this Ordinance and to take any and all
necessary administrative actions including, but not limited to, the adoption of
administrative rules and legal directives as may be appropriate to their positions as
Charter officers of the City of Sanford.
(b). The City Commission hereby specifically recognizes and affirms that
Section 34 -1(c) of the City Code provides that:
The City Clerk is hereby delegated 1
the implementation of elections which
the City Commission. The City
ie authority to promulgate rules for
rules shall be subject to approval by
Clerk shall make all necessary
Underlined type shall constitute additions to the original text, * ** shall constitute ellipses
to the original text and st�kethFo shall constitute deletions to the original text;
provided, however, that completely new text shall not be legislatively scored.
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administrative arrangements and take all administrative actions necessary
for holding all City elections and shall report such actions to the City
Manager.
and the City Clerk is granted full authority thereunder to implement the election
processes of the City of Sanford.
Section 6. Conflicts.
All ordinances or part of ordinances in conflict with this Ordinance are hereby
repealed.
Section 7. Savings.
The prior actions of the City of Sanford relative to the amendment of the City
Charter, City elections and related actions and matters are hereby ratified and affirmed.
Section 8. Severability.
If any section, sentence, phrase, word, or portion of this Ordinance is determined
to be invalid, unlawful or unconstitutional, said determination shall not be held to
invalidate or impair the validity, force or effect of any other section, sentence, phrase,
word, or portion of this Ordinance not otherwise determined to be invalid, unlawful, or
unconstitutional.
Section 9. Codification.
The provisions of this Ordinance shall become and be made a part of the City
Charter of the City of Sanford and the Sections of this Ordinance may be renumbered or
relettered to accomplish such intention and the words may be changed as appropriate;
provided, however, that Sections 6, 7, 8, 9 and 10 shall not be codified and the
provisions of Section 1 shall be codified in the City Charter as an explanatory footnote.
The Code codifier is granted liberal authority to codify the provisions of this Ordinance.
Underlined type shall constitute additions to the original text, * ** shall constitute ellipses
to the original text and stFikethFaug# shall constitute deletions to the original text;
provided, however, that completely new text shall not be legislatively scored.
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Section 10. Effective Date.
This Ordinance shall take effect immediately upon passage and adoption.
Passed and adopted this 25 day of June, 2012.
City Commission
Sanford, Florida)
Jeff Trip
Attest.
J , City Clerk
'+4Z A 07 iTi ZM -"
Approved as to form and
Legality:
VMm L. Colbert,
Etty Attorney
M
�W
of the City of
Underlined type shall constitute additions to the original text, *** shall constitute ellipses
to the original text and strike gh shall constitute deletions to the original text;
provided, however, that completely new text shall not be legislatively scored.