Loading...
4453 Charter Referendum 2018Ordinance No. 2018-4453 An ordinance of the City of Sanford, Florida calling for a referendum election to be held on August 28, 2018 for the purpose of proposing to the electorate of the City of Sanford several revisions to the Charter of the City of Sanford relating to City Commission districts and red istricting.(Section 2.01, Section 6.01 and Section 6.07), elections (Article VI, Section 6.01, Section 6.02, Section 6.03, Section 6.05 and Section 6.06), date of taking office (Section 2.01 and Section 6.04), compensation and expenses (Section 2.02) and the City Clerk (Section 2.08) as well as a transition; providing for ballot language; providing for the duties of the City Clerk; providing for the expression of appreciation for the work of the Charter Review Committee; providing for inclusion in the Charter of the City of Sanford and powers and authority for the code codifier; providing for severability and providing for effective date of ordinance and effective date of proposed Charter amendments. Whereas, controlling State law and the Charter of the City of Sanford, Florida provide for alternative means whereby the City Charter may be amended; and Whereas, the City Commission of the City of Sanford adopted Resolution Number 2017-2681 and created the Charter Review Committee to formulate recommendations for potential proposed amendments to certain provisions of the Charter of the City of Sanford, Florida; and Whereas, the City Commission of the City of Sanford appointed members to the Charter Review Committee and assigned the Committee various provisions of the Charter of the City of Sanford, Florida to review and evaluate and make recommendations relating to as needed; and Whereas, the City Commission adopted Resolution Number 2017-2695, revising the timeline for the Charter Review Committee to undertake its review of the Charter of the City of Sanford, Florida; and 1i.: Whereas, the Charter Review Committee has met in accordance with the direction of the City Commission, developed, and hereby recommends, that the following proposed amendments to the Charter of the City of Sanford, Florida be submitted to the electors of the City of Sanford at a referendum election held pursuant to the Charter of the City of Sanford, Florida and applicable State law; and Whereas, the Charter Review Committee also expressed its views as to other matters involving City government; and Whereas, the City Commission of the City of Sanford has concluded that it is in the best interests of the citizens of the City of Sanford for the City Commission to propose amendments to the Charter of the City of Sanford at a referendum election in accordance the Charter of the City of Sanford and Section 166.031, Florida Statutes, and in the form set forth herein; and Whereas, words with underlined type shall constitute additions to the original text and strike-threugh shall constitute deletions to the original text. Now, Therefore, be it Enacted By the People of the City of Sanford, Florida, as follows: Section 1. Proposed Revision Of Section 2.01, Section 6.01 and Section 6.07 City Charter, Redistricting. Section 2.01, Section 6.01 and Section 6.07 of the Charter of the City of Sanford, Florida, are proposed to be amended to read as follows: Section 2.01. - Composition, terms, and eligibility. (a) City Commission. The local _governing body of the City shall be ThattheFe-4 hereby Greaten a City Commission of the City of SaRfOrd,Florida tG GOnSist 0 five (5) consisting of a Mayor, who shall also be known as a Commissioner, and either four (4) or six (6) City Commissioners in number, as determined by ordinance enacted by the City Commission, all 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 2 1 s' 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. Section 6.01. - Election of mayor and commissioners; dates of regular and runoff elections. (a) The regular municipal election of the City shall be held simultaneously with the State primary elections of each election year and runoff elections, if necessary, shall be held simultaneously with the State general elections of each election year after qualification is completed and after consultation with the Seminole County Supervisor of Elections. (b) City Commission seats are hereby designated as Mayor and the remaining seats for City Commission districts 1, 2, 3, and -4. Candidates for the offices of Mayor and City Commissioner shall file to qualify for the office of Mayor or City Commission district as provided by law. (c) Each candidate for office 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 grouped by district number and each candidate shall announce the district for which he or she is a candidate. (d) The candidate for Mayor receiving a majority of the votes cast for Mayor shall be elected. The candidate in each district for Commissioner receiving a majority of the votes cast in that district shall be elected. In the event that no candidate for Mayor receives a majority of the votes cast for Mayor a the regular municipal election of the City held simultaneously with the State primary elections, a runoff election shall be held as provided in subsection (a), at which runoff election only the two (2) candidates for Mayor receiving the highest vote in the regular municipal election shall be candidates, and the candidate for Mayor receiving a majority of the votes cast for Mayor shall be elected. In the event that no candidate for Commissioner in a district receives a majority of the votes cast in that district at the regular municipal election held simultaneously with the State primary elections, a runoff election shall be held as provided in subsection (a), at which runoff election only the two (2) candidates for Commissioner receiving the highest vote in the regular municipal election for that district shall be candidates, and the candidate for Commissioner receiving a majority of the votes cast for Commissioner in a district shall be elected. (e) Write-in votes shall be allowed and counted in accordance with controlling State law. The names of unopposed candidates shall not appear on the ballot when not in accordance with controlling State law. (f) Any matter which, by the terms of this Charter may be submitted to the electors of the City at any special election may be submitted and voted upon at any City election held in accordance with this section. Section 6.07. - City Commission Districts and Redistricting. 3 1 i (a) Notwithstanding any other provision of this Charter the Mayor shall represent the City as a whole and be elected by electors throughout the City. Each City Commissioner shall represent a single City Commission district, shall actually physically reside in the district for which they seek office from the date of qualification for office until the expiration of the term of office for which elected and shall be elected solely by the voters of that district. (b) There shall be a number of four (4) City Commission districts, either four (4) or six (6) in number, as determined by ordinance enacted by the City Commission, that shall be established, defined and geographically described areas of the City as defined by GFdinanGe NurnbeF 4032 and subsequent SUGGessoF ordinances relating to City Commission redistricting as required by this Charter, general law and constitutional principles. Each district shall be formed from compact contiguous territory with the boundary lines following the centers of streets to the extent practicable. Due consideration shall be given to maintaining the geographical integrity of neighborhoods and developments within the individual districts. City Commission district lines shall be constructed so as to comply with the constitutional principles of equal and effective representation required by applicable State and Federal guidelines. The City Commission shall give due consideration to the multiple constitutional principles involved in the electoral process and shall give due regard for the opportunity of minority representation on the City Commission as a part of the redistricting process in compliance with applicable State and Federal constitutional standards. (c) An incumbent Commissioner's seat number may change due to the realignment process occurring during redistricting. However, no incumbent Commissioner shall have a term of office cut short by the adoption of a redistricting plan. (d) The City Commission may modify City Commission districts by the enactment of a successor ordinance under such processes, procedures and redistricting committees and/or consultants the City Commission may deem to be desirable. The City Commission shall begin the initiation of a redistricting process for City Commission districts within thirty (30) days after the receipt of the official Decennial Census data every ten (10) years so as to finalize the redistricting process one hundred fifty (150) days in advance of the first date to qualify for the next regular City election. In the event the redistricting process is not completed prior to said one hundred fifty (150) day advance period, the City Commission shall accomplish the redistricting process as soon as is reasonably possible thereafter. The official Decennial Census data shall be the authoritative source for demographical data used in reconstituting City Commission districts in compliance with applicable State and Federal standards. Section 2. Ballot Question Number One. The form of the ballot for the Charter amendment provided for in Section 1 of this Ordinance shall be as follows:' I See, Section 101.161, Florida Statutes, relating to referenda and ballots relating thereto. The statutory provision provides as follows: 101.161 Referenda; ballots.— (1) Whenever a constitutional amendment or other public measure is submitted to the vote of the people, a ballot summary of such amendment or other public measure shall be printed in clear and 4) unambiguous language on the ballot after the list of candidates, followed by the word "yes" and also by the word "no," and shall be styled in such a manner that a "yes" vote will indicate approval of the proposal and a "no" vote will indicate rejection. The ballot summary of the amendment or other public measure and the ballot title to appear on the ballot shall be embodied in the constitutional revision commission proposal, constitutional convention proposal, taxation and budget reform commission proposal, or enabling resolution or ordinance. The ballot summary of the amendment or other public measure shall be an explanatory statement, not exceeding 75 words in length, of the chief purpose of the measure. In addition, for every amendment proposed by initiative, the ballot shall include, following the ballot summary, a separate financial impact statement concerning the measure prepared by the Financial Impact Estimating Conference in accordance with s. 100.371(5). The ballot title shall consist of a caption, not exceeding 15 words in length, by which the measure is commonly referred to or spoken of. This subsection does not apply to constitutional amendments or revisions proposed by joint resolution. (2) The ballot summary and ballot title of a constitutional amendment proposed by initiative shall be prepared by the sponsor and approved by the Secretary of State in accordance with rules adopted pursuant to s. 120.54. The Department of State shall give each proposed constitutional amendment a designating number for convenient reference. This number designation shall appear on the ballot. Designating numbers shall be assigned in the order of filing or certification and in accordance with rules adopted by the Department of State. The Department of State shall furnish the designating number, the ballot title, and, unless otherwise specified in a joint resolution, the ballot summary of each amendment to the supervisor of elections of each county in which such amendment is to be voted on. (3)(a) Each joint resolution that proposes a constitutional amendment or revision shall include one or more ballot statements set forth in order of priority. Each ballot statement shall consist of a ballot title, by which the measure is commonly referred to or spoken of, not exceeding 15 words in length, and a ballot summary that describes the chief purpose of the amendment or revision in clear and unambiguous language. if a joint resolution that proposes a constitutional amendment or revision contains only one ballot statement, the ballot summary may not exceed 75 words in length. If a joint resolution that proposes a constitutional amendment or revision contains more than one ballot statement, the first ballot summary, in order of priority, may not exceed 75 words in length. (b) The Department of State shall furnish a designating number pursuant to subsection (2) and the appropriate ballot statement to the supervisor of elections of each county. The ballot statement shall be printed on the ballot after the list of candidates, followed by the word "yes" and also by the word "no," and shall be styled in such a manner that a "yes" vote will indicate approval of the amendment or revision and a "no" vote will indicate rejection. (c)l. Any action for a judicial determination that one or more ballot statements embodied in a joint resolution are defective must be commenced by filing a complaint or petition with the appropriate court within 30 days after the joint resolution is filed with the Secretary of State. The complaint or petition shall assert all grounds for challenge to each ballot statement. Any ground not asserted within 30 days after the joint resolution is filed with the Secretary of State is waived. 2. The court, including any appellate court, shall accord an action described in subparagraph 1. priority over other pending cases and render a decision as expeditiously as possible. If the court finds that all ballot statements embodied in a joint resolution are defective and further appeals are declined, abandoned, or exhausted, unless otherwise provided in the joint resolution, the Attorney General shall, within 10 days, prepare and submit to the Department of State a revised ballot title or ballot summary that corrects the deficiencies identified by the court, and the Department of State shall furnish a designating number and the revised ballot title or ballot summary to the supervisor of elections of each county for placement on the ballot. The revised ballot summary may exceed 75 words in length. The court shall retain jurisdiction over challenges to a revised ballot title or ballot summary prepared by the Attorney General, and any challenge to a revised ballot title or ballot summary must be filed within 10 days after a revised ballot title or ballot 5�='. Redistricting; Number Of Commissioners. An amendment to amend the Sanford City Charter to provide the City Commission with the option to increase the number of City Commissioners from 4 to 6 plus a Mayor is proposed which change could be implemented to address redistricting requirements or in other circumstances. Yes I No [ Section 3. Proposed Revision Of Section 6.01, Section 6.02, Section 6.03, Section 6.05 And Section 6.06, City Charter, Elections. Article VI, Section 6.01, Section 6.02, Section 6.03, Section 6.05 and Section 6.06 of the Charter of the City of Sanford, Florida, are proposed to be amended to read as follows: ARTICLE VI. - ELECTIONS summary is submitted to the Department of State. (4)(a) For any general election in which the Secretary of State, for any circuit, or the supervisor of elections, for any county, has certified the ballot position for an initiative to change the method of selection of judges, the ballot for any circuit must contain the statement in paragraph (b) or paragraph (c) and the ballot for any county must contain the statement in paragraph (d) or paragraph (e). (b) In any circuit where the initiative is to change the selection of circuit court judges to selection by merit selection and retention, the ballot shall state: "Shall the method of selecting circuit court judges in the (number of the circuit) judicial circuit be changed from election by a vote of the people to selection by the judicial nominating commission and appointment by the Governor with subsequent terms determined by a retention vote of the people?" This statement must be followed by the word "yes" and also by the word "no." (c) In any circuit where the initiative is to change the selection of circuit court judges to election by the voters, the ballot shall state: "Shall the method of selecting circuit court judges in the (number of the circuit) judicial circuit be changed from selection by the judicial nominating commission and appointment by the Governor with subsequent terms determined by a retention vote of the people to election by a vote of the people?" This statement must be followed by the word "yes" and also by the word "no." (d) In any county where the initiative is to change the selection of county court judges to merit selection and retention, the ballot shall state: "Shall the method of selecting county court judges in (name of county) be changed from election by a vote of the people to selection by the judicial nominating commission and appointment by the Governor with subsequent terms determined by a retention vote of the people?" This statement must be followed by the word "yes" and also by the word "no." (e) In any county where the initiative is to change the selection of county court judges to election by the voters, the ballot shall state: "Shall the method of selecting county court judges in (name of the county) be changed from selection by the judicial nominating commission and appointment by the Governor with subsequent terms determined by a retention vote of the people to election by a vote of the people?" This statement must be followed by the word "yes" and also by the word "no. 6 Section 6.01. - Election of mayor and commissioners; dates of regular and runoff elections. (a) The regular municipal election of the City shall be held simultaneously with the State primary elections of each election year and runoff elections, if necessary, shall be held simultaneously with the State general elections of each election year after qualification is completed and after consultation with the Seminole County Supervisor of Elections. (b) City 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 City Commissioner shall file to qualify for the office of Mayor or City Commission district as provided by law. (c) Each candidate for office 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 grouped by district number and each candidate shall announce the district for which he or she is a candidate. (d) The candidate for Mayor receiving a majority of the votes cast for Mayor shall be elected. The candidate in each district for Commissioner receiving a majority of the votes cast in that district shall be elected. In the event that no candidate for Mayor receives a majority of the votes cast for Mayor a the regular municipal election of the City held simultaneously with the State primary elections, a runoff election shall be held as provided in subsection (a), at which runoff election only the two (2) candidates for Mayor receiving the highest vote in the regular municipal election shall be candidates, and the candidate for Mayor receiving a majority of the votes cast for Mayor shall be elected; provided however, that if there is a tie for the candidate receiving the second highest vote for Mayor, the tie shall be resolved on the first available date after the election as determined by the City Clerk by means of the tossing of a coin. In the event that no candidate for Commissioner in a district receives a majority of the votes cast in that district at the regular municipal election held simultaneously with the State primary elections, a runoff election shall be held as provided in subsection (a), at which runoff election only the two (2) candidates for Commissioner receiving the highest vote in the regular municipal election for that district shall be candidates, and the candidate for Commissioner receiving a majority of the votes cast for Commissioner in a district shall be elected; provided however, that if there is a tie for the candidate receiving the second highest vote for Mayor, the tie shall be resolved on the first available date after the election as determined by the City Clerk, by means of the tossing of a coin. (e) Write-in votes shall be allowed and counted in accordance with controlling State law. The names of unopposed candidates shall not appear on the ballot when not in accordance with controlling State law. (f) Any matter which, by the terms of this Charter may be submitted to the electors of the City at any special election may be submitted and voted upon at any City election held in accordance with this section. Section 6.02. - Same—Qualifications of candidates; form of oath. (a) Any person who is a qualified elector in the City of Sanford, not a convicted felon whose civil rights have not been restored and who is otherwise qualified, may become a candidate for the office of Mayor or City Commissioner upon filing with the City Clerk a written notice of his or her intention to become a candidate in accordance with Article II and this Section, requesting that his or her name be printed upon the ballot and depositing with such written notice a sum equal to five percent (5%) of the then effective annual salary of the office the candidate seeks plus the costs of any applicable state mandated election fees as a qualifying fee for the office sought. All 5% qualification fees shall be placed in the general fund of the City of Sanford and allocated toward the cost of City elections. State election fees shall be transferred to the State of Florida as provided by general State law. (b) The period within which a candidate may qualify as above stated shall begin ninety-two (92) days prior to the election and shall terminate at 12:00 noon on the last fifth regular working day for the City Clerk's office eighty -e+g W) days iR advance -e# the opoGtion date Qualification can be effected only during normal working hours for the City Clerk's office. Persons who are in line at the termination of the qualification period shall be permitted to submit their papers that are available at that time in an attempt to qualify. (c) Any person who is a qualified elector in the City of Sanford, and otherwise qualified, may alternatively become a candidate for the office of Mayor or City Commissioner upon filing with the City Clerk a written notice of his or her intention to become a candidate in accordance with Article II and this Section, requesting that his or her name be printed upon the ballot and presenting a written petition with the names of two hundred and fifty (250) signers who are eligible electors residing in the Commission district seat the candidate seeks. Candidates for Mayor qualifying by petition shall present a written petition with the names of five hundred (500) signers who are eligible voters residing within the City. The form of the petition shall comply with Florida law. Petitions for placing a candidate's name on the ballot may be submitted to the City Clerk for verification in whole or in part. Candidates qualifying by petition may begin collecting and turning in names on petitions one hundred and twenty (120) days in advance of the opening of the qualifying period. All petitions for placing a candidate's name on the ballot must be received by the City Clerk's office prior to the end of the qualifying period. The City Clerk shall present the names on written qualification petitions to the supervisor of elections office for certification as a valid elector and shall provide timely notification of the number of certified electors to the candidate until the requisite number of electors has been met or the qualification period has ended with the candidate being unable to meet the required numbers of certified electors during their qualification petition attempt. (d) The costs, as required by State law, of elector certifications shall be paid to the City Clerk by the individual candidate(s) requesting the certification as a part of the qualifying procedures. (e) The City Clerk shall verify the residency of candidates for Mayor and the City Commission district seats. Candidates shall reside in the district for which he or she seeks to qualify and shall sign an affidavit of residency and shall provide suitable documents establishing his or her residency as a part of the qualification process. Documents that shall suffice to serve as authoritative proof of residency include, but are not limited to, driver's licenses, homestead exemption documents, passports, voter identification cards, other governmental identification cards and utilities bills. Elected Commissioners for the Commission shall physically reside in the district they are elected to represent or reside in the district they seek to represent. (f) It is understood that emergency exigent circumstances may arise from time to time. (g) Should an exigent circumstance cause the physical place of abode of a Commissioner to be uninhabitable or destroyed and he or she is forced to take up temporary abode elsewhere within the City, then and in that event: (1) The Commissioner/candidate shall make reasonable efforts to relocate within his or her elective district. (2) Failing such effort, the Commissioner/candidate must seek the approval of the City Commission to temporarily reside outside his or her elected district. (3) Commission authority for a Commissioner/candidate to reside out of district shall be granted for such reasonable period as a valid exigent temporary relocation requirement exists as determined by the Commission. (4) Requests for extension shall be heard and acted upon by the Commission giving attendance to all exigent circumstances. (h) Any person who is a resident of the City and has qualified as an elector therein may become a candidate for the office of Mayor or Commissioner by qualifying as described above and taking and subscribing to an oath or affirmation in substantially the form as required by the general laws of Florida. Section 6.06. - Qualification of electors; prescribing method and manner of election. No person shall be allowed to vote at any election for the purpose of electing City Commissioners and Mayor fey said-s+fy who is not a qualified voter under the State law. The City Gommissien shall, by -erdina.nn-e-, preSGFibe the method and manner of heldiRg ofthis Charter. All Citv s-uGh elections shall be conducted substantially on the principal adopted for the State elections insofaras there is ^^ ^^nf!iGt with the terms of this 911) , The City Clerk with the approval of the City Manager, shall adopt rules and procedure relating to the administration and implementation of City elections and all provisions of the City Code on the effective date of this amendment shall be addressed by the City Manager and maV be administratively repealed and deleted from the City Code and the CitV Clerk may adopt rules to replace such provisions of the City Code. All rules to be adopted by the City Clerk shall be presented to the City Commission for approval prior to the rules taking effect. Section 4. Ballot Question Number Two. The form of the ballot for the Charter amendment provided for in Section 3 of this Ordinance shall be as follows: City Elections; State Law Controls; Tie Votes; Qualification For Office. An amendment to amend the Sanford City Charter to conform City elections to State law and address tie votes, times of qualification for office and the adoption of rules is proposed. Yes I No [ Section 5. Proposed Revision Of Section 2.01 And Section 6.04, City Charter, Date Of Taking Office. Section 2.01 and Section 6.04 of the Charter of the City of Sanford, Florida, are proposed to be amended to read as follows: Section 2.01. - Composition, terms, and eligibility. (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 second feuFth Monday in December 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. Section 6.04. - Commission to declare person elected/commencement of term of office. All candidates elected as Mayor or as City Commissioner by regular or runoff election as provided in Section 6.01 shall take office on the second fourth Monday in December �anll:4w 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. Transition. The City Commissioners seated on the effective date of this Charter amendment shall continue to serve through their current terms of office. City Commissioners elected in 2020 shall have terms of office which terminate consistent with this Charter amendment. Section 6. Ballot Question Number Three. The form of the ballot for the Charter amendment provided for in Section 5 of this Ordinance shall be as follows: Date Of Talking Office. An amendment to amend the Sanford City Charter to reduce the number of months between elections and the date that winning candidates take office is proposed. Yes [ No [ Section 7. Proposed Revision Of Section 2.02, City Charter, Compensation/Expenses. Section 2.02 of the Charter of the City of Sanford, Florida, are proposed to be amended to read as follows: Section 2.02. - Compensation; expenses. The Mayor and City Commissioners shall receive for their services reasonable annual compensation which shall be the salary authorized by Section 145.031 Florida Statutes, or its successor provision; provided however, that the calculation shall be for population Group III base multiplied by 56.7 percent for the Mayor and multiplied by 46.7 percent for City Commissioners, and future adjustments but without any adjustment being made based upon State employee pay increases as may be approved by the Florida Legislature.by er-dina. The Mayor and City Commissioners shall receive their expenses in the performance of their duties of office in accordance with Section 112.061 Florida Statutes, relating to per diem and travel expenses of public officers employees or its successor provisions or the City's policy relative to travel pertaining to City employees which shall prevail in the event of a conflict. The formula set forth herein is as follows: Base Salary(as determined by the population group rate chart) + (City's current population - population Group Minimum from the population group rate chart) x Group Rate from the population 11iV: }.0 C, group rate chart)x Initial Factor (referenced in Section 145.19(2)(c), Florida Statutes) x Certified Annual Factor (Determined by the State annually and referenced in Section 145 19 Florida Statutes) x Certified Cumulative Annual Factor (Determined by the State annually and referenced in Section 145.19 Florida Statutes) x 46.7 for a Commissioner or x 56.7 for the Mayor. or. NOTE: The referenced statutory provisions read as follow: 145.031 Board of county commissioners.— (1) Each member of the board of county commissioners shall receive as salary the amount indicated, based on the population of his or her county. In addition, compensation shall be made for population increments over the minimum for each population group, which shall be determined by multiplying the population in excess of the minimum for the grouping times the group rate. Pop. Group County Pop. Range Base Salary Group Rate Minimum Maximum 1 -0- 9,999 $4,500 $0.150 II 10,000 49,999 6,000 0.075 III 50,000 99,999 9,000 0.060 IV 100,000 199,999 12,000 0.045 V 200,000 399,999 16,500 0.015 VI 400,000 999,999 19,500 0.005 VII 1,000,000 22,500 0.000 (2) No member of a governing body of a chartered county or a county with a consolidated form of government shall be deemed to be the equivalent of a county commissioner for the purposes of determining the compensation of such member under his or her respective charter. (3) Notwithstanding the provisions of this section or s. 145.19, each member of the board of county commissioners may reduce his or her salary rate on a voluntary basis. 145.19 Annual percentage increases based on increase for state career service employees; limitation.— (1) As used in this section, the term: (a) "Annual factor" means 1 plus the lesser of: 1. The average percentage increase in the salaries of state career service employees for the current fiscal year as determined by the Department of Management Services or as provided in the General Appropriations Act; or 2. Seven percent. (b) "Cumulative annual factor" means the product of all annual factors certified under this act prior to the fiscal year for which salaries are being calculated. (c) "Initial factor" means a factor of 1.292, which is a product, rounded to the nearest thousandth, of an earlier cost -of -living increase factor authorized by chapter 73-173, Laws of Florida, and intended by the Legislature to be preserved in adjustments to salaries made prior to enactment of chapter 76-80, Laws of Florida, multiplied by the annual increase factor authorized by chapter 79-327, Laws of Florida. (2) Each fiscal year, the salaries of all officials listed in this chapter, s. 1001.395, and s. 1001.47 shall be adjusted. The adjusted salary rate shall be the product, rounded to the 12 1 PT nearest dollar, of the salary rate granted by the appropriate section of this chapter, s. 1001.395, or s. 1001.47 multiplied first by the initial factor, then by the cumulative annual factor, and finally by the annual factor. The Department of Management Services shall certify the annual factor and the cumulative annual factors. Any special qualification salary received under this chapter, s. 1001.47, or the annual performance salary incentive available to elected superintendents under s. 1001.47 shall be added to such adjusted salary rate. The special qualification salary shall be $2,000, but shall not exceed $2,000. 112.061 Per diem and travel expenses of public officers, employees, and authorized persons.— (1) LEGISLATIVE INTENT.—To prevent inequities, conflicts, inconsistencies, and lapses in the numerous laws regulating or attempting to regulate travel expenses of public officers, employees, and authorized persons in the state, it is the intent of the Legislature: (a) To establish standard travel reimbursement rates, procedures, and limitations, with certain justifiable exceptions and exemptions, applicable to all public officers, employees, and authorized persons whose travel is authorized and paid by a public agency. (b) To preserve the standardization established by this law: 1. The provisions of this section shall prevail over any conflicting provisions in a general law, present or future, to the extent of the conflict; but if any such general law contains a specific exemption from this section, including a specific reference to this section, such general law shall prevail, but only to the extent of the exemption. 2. The provisions of any special or local law, present or future, shall prevail over any conflicting provisions in this section, but only to the extent of the conflict. (2) DEFINITIONS.—For the purposes of this section, the following words shall have the meanings indicated: (a) Agency or public agency—Any office, department, agency, division, subdivision, political subdivision, board, bureau, commission, authority, district, public body, body politic, county, city, town, village, municipality, or any other separate unit of government created pursuant to law. (b) Agency head or head of the agency—The highest policymaking authority of a public agency, as herein defined. (c) Officer or public officer—An individual who in the performance of his or her official duties is vested by law with sovereign powers of government and who is either elected by the people, or commissioned by the Governor and has jurisdiction extending throughout the state, or any person lawfully serving instead of either of the foregoing two classes of individuals as initial designee or successor. (d) Employee or public employee—An individual, whether commissioned or not, other than an officer or authorized person as defined herein, who is filling a regular or full-time authorized position and is responsible to an agency head. (e) Authorized person - 1. A person other than a public officer or employee as defined herein, whether elected or commissioned or not, who is authorized by an agency head to incur travel expenses in the performance of official duties. 2. A person who is called upon by an agency to contribute time and services as consultant or adviser. 3. A person who is a candidate for an executive or professional position. (f) Traveler—A public officer, public employee, or authorized person, when performing authorized travel. (g) Travel expense, traveling expenses, necessary expenses while traveling, actual expenses while traveling, or words of similar nature—The usual ordinary and incidental expenditures necessarily incurred by a traveler. (h) Common carrier—Train, bus, commercial airline operating scheduled flights, or rental cars of an established rental car firm. 131P i (i) Travel day—A period of 24 hours consisting of four quarters of 6 hours each. Q) Travel period—A period of time between the time of departure and time of return. (k) Class A travel—Continuous travel of 24 hours or more away from official headquarters. (1) Class B travel—Continuous travel of less than 24 hours which involves overnight absence from official headquarters. (m) Class C travel—Travel for short or day trips where the traveler is not away from his or her official headquarters overnight. (n) Foreign travel—Travel outside the United States. (3) AUTHORITY TO INCUR TRAVEL EXPENSES.— (a) All travel must be authorized and approved by the head of the agency, or his or her designated representative, from whose funds the traveler is paid. The head of the agency shall not authorize or approve such a request unless it is accompanied by a signed statement by the traveler's supervisor stating that such travel is on the official business of the state and also stating the purpose of such travel. (b) Travel expenses of travelers shall be limited to those expenses necessarily incurred by them in the performance of a public purpose authorized by law to be performed by the agency and must be within the limitations prescribed by this section. (c) Travel by public officers or employees serving temporarily in behalf of another agency or partly in behalf of more than one agency at the same time, or authorized persons who are called upon to contribute time and services as consultants or advisers, may be authorized by the agency head. Complete explanation and justification must be shown on the travel expense voucher or attached thereto. (d) Travel expenses of public employees for the sole purpose of taking merit system or other job placement examinations, written or oral, shall not be allowed under any circumstances, except that upon prior written approval of the agency head or his or her designee, candidates for executive or professional positions may be allowed travel expenses pursuant to this section. (e) Travel expenses of public officers or employees for the purpose of implementing, organizing, directing, coordinating, or administering, or supporting the implementation, organization, direction, coordination, or administration of, activities related to or involving travel to a terrorist state shall not be allowed under any circumstances. For purposes of this section, "terrorist state" is defined as any state, country, or nation designated by the United States Department of State as a state sponsor of terrorism. (f) . The agency head, or a designated representative, may pay by advancement or reimbursement, or a combination thereof, the costs of per diem of travelers for foreign travel at the current rates as specified in the federal publication "Standardized Regulations (Government Civilians, Foreign Areas)" and incidental expenses as provided in this section. (g) A traveler who becomes sick or injured while away from his or her official headquarters and is therefore unable to perform the official business of the agency may continue to receive subsistence as provided in subsection (6) during this period of illness or injury until such time as he or she is able to perform the official business of the agency or returns to his or her official headquarters, whichever is earlier. Such subsistence may be paid when approved by the agency head or his or her designee. (h) The State Surgeon General or a designee may authorize travel expenses incidental to the rendering of medical services for and on behalf of clients of the Department of Health. The Department of Health may establish rates lower than the rate provided in this section for these travel expenses. (4) OFFICIAL HEADQUARTERS.—The official headquarters of an officer or employee assigned to an office shall be the city or town in which the office is located except that: (a) The official headquarters of a person located in the field shall be the city or town nearest to the area where the majority of the person's work is performed, or such other MM city, town, or area as may be designated by the agency head provided that in all cases such designation must be in the best interests of the agency and not for the convenience of the person. (b) When any state employee is stationed in any city or town for a period of over 30 continuous workdays, such city or town shall be deemed to be the employee's official headquarters, and he or she shall not be allowed per diem or subsistence, as provided in this section, after the said period of 30 continuous workdays has elapsed, unless this period of time is extended by the express approval of the agency head or his or her designee. (c) A traveler may leave his or her assigned post to return home overnight, over a weekend, or during a holiday, but any time lost from regular duties shall be taken as annual leave and authorized in the usual manner. The traveler shall not be reimbursed for travel expenses in excess of the established rate for per diem allowable had he or she remained at his or her assigned post. However, when a traveler has been temporarily assigned away from his or her official headquarters for an approved period extending beyond 30 days, he or she shall be entitled to reimbursement for travel expenses at the established rate of one round trip for each 30 -day period actually taken to his or her home in addition to pay and allowances otherwise provided. (5) COMPUTATION OF TRAVEL TIME FOR REIMBURSEMENT.—For purposes of reimbursement and methods of calculating fractional days of travel, the following principles are prescribed: (a) The travel day for Class A travel shall be a calendar day (midnight to midnight). The travel day for Class B travel shall begin at the same time as the travel period. For Class A and Class B travel, the traveler shall be reimbursed one-fourth of the authorized rate of per diem for each quarter, or fraction thereof, of the travel day included within the travel period. Class A and Class B travel shall include any assignment on official business outside of regular office hours and away from regular places of employment when it is considered reasonable and necessary to stay overnight and for which travel expenses are approved. (b) A traveler shall not be reimbursed on a per diem basis for Class C travel, but shall receive subsistence as provided in this section, which allowance for meals shall be based on the following schedule: 1. Breakfast—When travel begins before 6 a.m. and extends beyond 8 a.m. 2. Lunch—When travel begins before 12 noon and extends beyond 2 p.m. 3. Dinner—When travel begins before 6 p.m. and extends beyond 8 p.m., or when travel occurs during nighttime hours due to special assignment. No allowance shall be made for meals when travel is confined to the city or town of the official headquarters or immediate vicinity; except assignments of official business outside the traveler's regular place of employment if travel expenses are approved. The Chief Financial Officer shall establish a schedule for processing Class C travel subsistence payments at least on a monthly basis. (6) RATES OF PER DIEM AND SUBSISTENCE ALLOWANCE.—For purposes of reimbursement rates and methods of calculation, per diem and subsistence allowances are provided as follows: (a) All travelers shall be allowed for subsistence when traveling to a convention or conference or when traveling within or outside the state in order to conduct bona fide state business, which convention, conference, or business serves a direct and lawful public purpose with relation to the public agency served by the person attending such meeting or conducting such business, either of the following for each day of such travel at the option of the traveler: 1. Eighty dollars per diem; or 2. If actual expenses exceed $80, the amounts permitted in paragraph (b) for subsistence, plus actual expenses for lodging at a single -occupancy rate to be 151!> substantiated by paid bills therefor. When lodging or meals are provided at a state institution, the traveler shall be reimbursed only for the actual expenses of such lodging or meals, not to exceed the maximum provided for in this subsection. (b) All travelers shall be allowed the following amounts for subsistence while on Class C travel on official business as provided in paragraph (5)(b): 1. Breakfast .......... $6 2. Lunch .......... $11 3. Dinner .......... $19 (c) No one, whether traveling out of state or in state, shall be reimbursed for any meal or lodging included in a convention or conference registration fee paid by the state. (7) TRANSPORTATION.— (a) All travel must be by a usually traveled route. In case a person travels by an indirect route for his or her own convenience, any extra costs shall be borne by the traveler; and reimbursement for expenses shall be based only on such charges as would have been incurred by a usually traveled route. The agency head or his or her designee shall designate the most economical method of travel for each trip, keeping in mind the following conditions: 1. The nature of the business. 2. The most efficient and economical means of travel (considering time of the traveler, impact on the productivity of the traveler, cost of transportation, and per diem or subsistence required). When it is more efficient and economical to either the traveler or the agency head, jet service offered by any airline, whether on state contract or not, may be used when the cost is within an approved threshold determined by the agency head or his or her designee. 3. The number of persons making the trip and the amount of equipment or material to be transported. (b) The Department of Financial Services may provide any form it deems necessary to cover travel requests for traveling on official business and when paid by the state. (c) Transportation by common carrier when traveling on official business and paid for personally by the traveler, shall be substantiated by a receipt therefor. Federal tax shall not be reimbursable to the traveler unless the state and other public agencies are also required by federal law to pay such tax. In the event transportation other than the most economical class as approved by the agency head is provided by a common carrier on a flight check or credit card, the charges in excess of the most economical class shall be refunded by the traveler to the agency charged with the transportation provided in this manner. (d)1. The use of privately owned vehicles for official travel in lieu of publicly owned vehicles or common carriers may be authorized by the agency head or his or her designee. Whenever travel is by privately owned vehicle: a. A traveler shall be entitled to a mileage allowance at a rate of 44.5 cents per mile; or b. A traveler shall be entitled to the common carrier fare for such travel if determined by the agency head to be more economical. 2. Reimbursement for expenditures related to the operation, maintenance, and ownership of a vehicle shall not be allowed when privately owned vehicles are used on public business and reimbursement is made pursuant to this paragraph, except as provided in subsection (8). 3. All mileage shall be shown from point of origin to point of destination and, when possible, shall be computed on the basis of the current map of the Department of Transportation. Vicinity mileage necessary for the conduct of official business is allowable but must be shown as a separate item on the expense voucher. (e) Transportation by chartered vehicles when traveling on official business may be 161f authorized by the agency head when necessary or where it is to the advantage of the agency, provided the cost of such transportation does not exceed the cost of transportation by privately owned vehicle pursuant to paragraph (d). (f) The agency head or his or her designee may grant monthly allowances in fixed amounts for use of privately owned automobiles on official business in lieu of the mileage rate provided in paragraph (d). Allowances granted pursuant to this paragraph shall be reasonable, taking into account the customary use of the automobile, the roads customarily traveled, and whether any of the expenses incident to the operation, maintenance, and ownership of the automobile are paid from funds of the agency or other public funds. Such allowance may be changed at any time, and shall be made on the basis of a signed statement of the traveler, filed before the allowance is granted or changed, and at least annually thereafter. The statement shall show the places and distances for an average typical month's travel on official business, and the amount that would be allowed under the approved rate per mile for the travel shown in the statement, if payment had been made pursuant to paragraph (d). (g) No contract may be entered into between a public officer or employee, or any other person, and a public agency, in which a depreciation allowance is used in computing the amount due by the agency to the individual for the use of a privately owned vehicle on official business; provided, any such existing contract shall not be impaired. (h) No traveler shall be allowed either mileage or transportation expense when gratuitously transported by another person or when transported by another traveler who is entitled to mileage or transportation expense. However, a traveler on a private aircraft shall be reimbursed the actual amount charged and paid for the fare for such transportation up to the cost of a commercial airline ticket for the same flight, even though the owner or pilot of such aircraft is also entitled to transportation expense for the same flight under this subsection. (8) OTHER EXPENSES.— (a) The following incidental travel expenses of the traveler may be reimbursed: 1. Taxi fare. 2. Ferry fares; and bridge, road, and tunnel tolls. 3. Storage or parking fees. 4. Communication expense. 5. Convention registration fee while attending a convention or conference which will serve a direct public purpose with relation to the public agency served by the person attending such meetings. A traveler may be reimbursed the actual and necessary fees for attending events which are not included in a basic registration fee that directly enhance the public purpose of the participation of the agency in the conference. Such expenses may include, but not be limited to, banquets and other meal functions. It shall be the responsibility of the traveler to substantiate that the charges were proper and necessary. However, any meals or lodging included in the registration fee will be deducted in accordance with the allowances provided in subsection (6). (b) Other expenses which are not specifically authorized by this section may be approved by the Department of Financial Services pursuant to rules adopted by it. Expenses approved pursuant to this paragraph shall be reported by the Department of Financial Services to the Auditor General annually. (9) RULES.— (a) The Department of Financial Services shall adopt such rules, including, but not limited to, the general criteria to be used by a state agency to predetermine justification for attendance by state officers and employees and authorized persons at conventions and conferences, and prescribe such forms as are necessary to effectuate the purposes of this section. The department may also adopt rules prescribing the proper disposition and use of promotional items and rebates offered by common carriers and other entities in connection with travel at public expense; however, before adopting such rules, the department shall consult with the appropriation committees of the Legislature. 171 (b) Each state agency shall adopt such additional specific rules and specific criteria to be used by it to predetermine justification for attendance by state officers and employees and authorized persons at conventions and conferences, not in conflict with the rules of the Department of Financial Services or with the general criteria to be used by a state agency to predetermine justification for attendance by state officers and employees and authorized persons at conventions, as may be necessary to effectuate the purposes of this section. (10) FRAUDULENT CLAIMS.—Claims submitted pursuant to this section shall not be required to be sworn to before a notary public or other officer authorized to administer oaths, but any claim authorized or required to be made under any provision of this section shall contain a statement that the expenses were actually incurred by the traveler as necessary travel expenses in the performance of official duties and shall be verified by a written declaration that it is true and correct as to every material matter; and any person who willfully makes and subscribes any such claim which he or she does not believe to be true and correct as to every material matter, or who willfully aids or assists in, or procures, counsels, or advises the preparation or presentation under the provisions of this section of a claim which is fraudulent or is false as to any material matter, whether or not such falsity or fraud is with the knowledge or consent of the person authorized or required to present such claim, is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. Whoever shall receive an allowance or reimbursement by means of a false claim shall be civilly liable in the amount of the overpayment for the reimbursement of the public fund from which the claim was paid. (11) TRAVEL AUTHORIZATION AND VOUCHER FORMS.— (a) Authorization forms.—The Department of Financial Services shall furnish a uniform travel authorization request form which shall be used by all state officers, employees, and authorized persons when requesting approval for the performance of travel to a convention or conference. The form shall include, but not be limited to, provision for the name of each traveler, purpose of travel, period of travel, estimated cost to the state, and a statement of benefits accruing to the state by virtue of such travel. A copy of the program or agenda of the convention or conference, itemizing registration fees and any meals or lodging included in the registration fee, shall be attached to, and filed with, the copy of the travel authorization request form on file with the agency. The form shall be signed by the traveler and by the traveler's supervisor stating that the travel is to be incurred in connection with official business of the state. The head of the agency or his or her designated representative shall not authorize or approve such request in the absence of the appropriate signatures. A copy of the travel authorization form shall be attached to, and become a part of, the support of the agency's copy of the travel voucher. (b) Voucher forms. - 1. The Department of Financial Services shall furnish a uniform travel voucher form which shall be used by all state officers, employees, and authorized persons when submitting travel expense statements for approval and payment. No travel expense statement shall be approved for payment by the Chief Financial Officer unless made on the form prescribed and furnished by the department. The travel voucher form shall provide for, among other things, the purpose of the official travel and a certification or affirmation, to be signed by the traveler, indicating the truth and correctness of the claim in every material matter, that the travel expenses were actually incurred by the traveler as necessary in the performance of official duties, that per diem claimed has been appropriately reduced for any meals or lodging included in the convention or conference registration fees claimed by the traveler, and that the voucher conforms in every respect with the requirements of this section. The original copy of the executed uniform travel authorization request form shall be attached to the uniform travel voucher on file with the respective agency. 2. Statements for travel expenses incidental to the rendering of medical services for and on behalf of clients of the Department of Health shall be on forms approved by the 18( {;- Department of Financial Services. (12) ADVANCEMENTS.—Notwithstanding any of the foregoing restrictions and limitations, an agency head or his or her designee may make, or authorize the making of, advances to cover anticipated costs of travel to travelers. Such advancements may include the costs of subsistence and travel of any person transported in the care or custody of the traveler in the performance of his or her duties. (13) DIRECT PAYMENT OF EXPENSES BY AGENCY.—Whenever an agency requires an employee to incur either Class A or Class B travel on emergency notice to the traveler, such traveler may request the agency to pay his or her expenses for meals and lodging directly to the vendor, and the agency may pay the vendor the actual expenses for meals and lodging during the travel period, limited to an amount not to exceed that authorized pursuant to this section. In emergency situations, the agency head or his or her designee may authorize an increase in the amount paid for a specific meal, provided that the total daily cost of meals does not exceed the total amount authorized for meals each day. The agency head or his or her designee may also grant prior approval for a state agency to make direct payments of travel expenses in other situations that result in cost savings to the state, and such cost savings shall be documented in the voucher submitted to the Chief Financial Officer for the direct payment of travel expenses. The provisions of this subsection shall not be deemed to apply to any legislator or to any employee of the Legislature. (14) APPLICABILITY TO COUNTIES, COUNTY OFFICERS, DISTRICT SCHOOL BOARDS, SPECIAL DISTRICTS, AND METROPOLITAN PLANNING ORGANIZATIONS.— (a) The following entities may establish rates that vary from the per diem rate provided in paragraph (6)(a), the subsistence rates provided in paragraph (6)(b), or the mileage rate provided in paragraph (7)(d) if those rates are not less than the statutorily established rates that are in effect for the 2005-2006 fiscal year: 1. The governing body of a county by the enactment of an ordinance or resolution; 2. A county constitutional officer, pursuant to s. 1(d), Art. VIII of the State Constitution, by the establishment of written policy; 3. The governing body of a district school board by the adoption of rules; 4. The governing body of a special district, as defined in s. 189.012, except those special districts that are subject to s. 166.021(9), by the enactment of a resolution; or 5. Any metropolitan planning organization created pursuant to s. 339.175 or any other separate legal or administrative entity created pursuant to s. 339.175 of which a metropolitan planning organization is a member, by the enactment of a resolution. (b) Rates established pursuant to paragraph (a) must apply uniformly to all travel by the county, county constitutional officer and entity governed by that officer, district school board, special district, or metropolitan planning organization. (c) Except as otherwise provided in this subsection, counties, county constitutional officers and entities governed by those officers, district school boards, special districts, and metropolitan planning organizations, other than those subject to s. 166.021(9), remain subject to the requirements of this section. (15) CLASS C TRAVEL.—Moneys appropriated from the State Treasury may not be used to pay per diem or subsistence related to Class C travel. Section 8. Ballot Question Number Four. The form of the ballot for the Charter amendment provided for in Section 7 of this Ordinance shall be as follows: Compensation And Expenses For Elected Offices. An amendment to amend the Sanford City Charter to require that the 19(x, ;, compensation and expenses paid to City elected officials is tied to a formula and rates set forth in State statutes is proposed. Yes [ No [ ] Section 9. Referendum Election. A referendum election is hereby called to be held August 28, 2018, to present to the electors of the City of Sanford the ballot question provided for in this Ordinance. The Supervisor of Elections of Seminole County is hereby requested to coordinate all matters relating to the said referendum election with the City Clerk, the Division of Elections of the Florida Department of State, and the City Manager, City Clerk and City Attorney. Section 10. Appreciation For Work Of Charter Review Committee. The City Commission hereby expresses its appreciation for the diligence, public service and high quality work of the Charter Review Committee. Section 11. Duties Of City Clerk. The City Clerk is hereby directed to ensure that the advertising and notice requirements of Section 100.342, Florida Statutes, are complied with and to coordinate all activities necessary to conduct the referendum election called in this Ordinance with the Supervisor of Elections for Seminole County. Section 12. Revised Charter Of The City Of Sanford. If the proposed amendments to the Charter of the City of Sanford is approved by the electorate in the referendum election called for in this Ordinance, it is the intention of the City Council, and it is hereby ordained, that the approved provisions of this Ordinance shall become and be made a part of the Charter of the City of Sanford. The City's Code codifier is granted broad and liberal power and authority to codify the Charter of the City of Sanford in terms of making appropriate harmonizing, technical or editorial changes and notes that do not affect the substantive provisions thereof. Section 13. Severability. Should any section, paragraph, sentence, clause, phrase or other part of this Ordinance be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of this Ordinance as a whole or any portion thereof, other than the part so declared to be invalid. Section 14. Effective Date. The provisions of this Ordinance shall take effect immediately upon enactment. The amendments to the Charter of the City of Sanford proposed for approval in this Ordinance shall become effective only upon approval at a referendum election of the electors of the City of Sanford in accordance with the provisions of Section 166.031, Florida Statutes. Passed and adopted this 14th day of May, 2018. Attest: City Commission ofT e City of Sanford, Florida Traci Houchin, City Clerk riplett, For use and reliance of the Sanf y City Commission only. he Approved as to form and legality. ��o V?J J 21111 �.21 k. 22 1 P