City CharterArt. Io
Art. II.
Art. III.
Art. IV.
Art. V.
Art. VI.
Art. VII.
Art. VIII.
Art. IX.
CHARTER*
Powers of the City, §§ 1.01--1.05
City Commission, §§ 2.01m2.11
City Manager, §§ 3.01--3.04
Administrative Departments, Offices and Agencies, §§ 4.01 .-
Financial Procedures, §§ 5.01--5.09
Elections, §§ 6.01---6.07
Initiative and Referend~*m~ §§ 7.01--7.07
General Provisions, §§ 8.01, 8.02
Transitional Provisions, §§ 9.01m9.06
4.05
ARTICLE I. POWERS OF THE CITY
Section 1.01. Powers of the city.
The City of Sanford, Florida, shall have all powers possible for a city to have under the
constitution and laws of this state as fully and completely as though they were specifically
enumerated in this charter.
Section 1.02. Construction.
The powers of the city under this charter shall be construed liberally in favor of the city, and
the specific mention of particular powers in the charter shall not be construed as limiting in
any way the general powers stated in this article.
Seetion 1.03. Intergovernmental relations.
The city may exercise any of its powers or perform any of its functions and may participate
in the financing thereof, jointly or in cooperation, by contract or otherwise, with any one or
more states or civil divisions or agencies thereof, or the United States or any agency thereof.
Section 1.04. Description of corporate limits.
The corporate limits of the City of Sanford, Florida, shall be those in effect on the date this
Charter is ratified by the voters of the City of Sanford and said corporate limits may be
amended by ordinance.
Section 1.05. Annexation.
The territorial boundaries of the City of Sanford may be extended as provided by General
Acts, Laws of Florida.
*Editor's note-The Charter of the City of Sanford, adopted by the City Commission on
September 16, 1996, approved by the voters of the city on December 3, 1996, is set out herein.
Supp. No. 51 1
§ 2.01 SANFORD CODE § 2.01
ARTICLE II. CITY COMMISSION
Section 2.01. Composition, eligibility, election and terms.
(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. 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 commis-
sioner. 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.
(c) Elections. The regular municipal election shall be held on the first Tuesday after the first
Monday in March of each year for the election of a mayor and city commissioners, as the case
may be. The candidate shall announce whether he or she is a candidate for the office of mayor
or commissioner. Where more than one (1) commissioner is to be elected, the candidates for
commissioner shall be grouped by seat number as to each vacancy to be filled and each
candidate shall announce the seat for which he or she is a candidate. The candidate for mayor
receiving a majority of the votes cast for mayor shall be elected. The candidate in each group
for commissioner receiving a majority of the votes cast in that group shall be elected. In case
no candidate for mayor receives a majority of the votes cast for mayor in such election, a second
election shall be held two (2) weeks following such election, at which election only the two (2)
candidates for mayor receiving the highest vote in the first election shall be candidates, and
the candidate for mayor receiving a majority of the votes cast for mayor shall be elected. In
case no candidate for commissioner in a group receives a majority of the votes cast in that
group in such election, a second election shall be held two (2) weeks following such election, at
which election only the two (2) candidates receiving the highest vote in the first election shall
be candidates, and the candidate receiving a majority of the votes cast in such group shall be
elected. Write-in votes shall be allowed and counted only in the first election on the first
Tuesday after the first Monday in March. The names of unopposed candidates shall not appear
on the general election ballot in accordance with the General Laws, State of Florida.
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 the election held on the first
Tuesday after the first Monday in March.
Any person who is a qualified elector in the City of Sanford, and 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 VI,
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 he or she
seeks as qualifying fee, said sum to be placed in the general fund of the City of Sanford and
allocated toward the cost of city elections. The period within which a candidate may qualify as
above stated shall begin fifty-seven (57) days prior to the election and shall terminate at 12:00
Supp. No. 51 2
§ 2.01 CHARTER § 2.05
noon on the last regular working day t; ' ' ' -
or the city clerk s office forty-srx (46) days ]n advance of
the election date. Qualification can be effected only during normal working hours for the city
clerk's office.
Section 2.02. Compensation; expenses.
The commission may determine the annual salary of commissioners by ordinance, but no
ordinance increasing such salary shall become effective until the date of commencement of the
terms of commissioners elected at the next regular election. Commissioners shall receive their
expenses in the performance of their duties of office.
Section 2.03. Mayor.
The mayor shall be elected for a term of four years. The mayor shall be a member of the
commission. In addition, he or she shall preside at meetings of the commission, shall be
recognized as head of the city government for all ceremonial purposes, and by the governor for
the purposes of military law, but shall have no administrative duties. The mayor shah appoint
from among the commissioners an acting mayor who shall serve as mayor during the
temporary absence or disability of the mayor. If a vacancy occurs the office shall be filled for
the remainder of the unexpired term in accordance with the procedure established in section
2.06(c).
Section 2.04. General powers and duties.
All powers of the city shall be vested in the commission, except as otherwise provided by law
or this charter, and the commission shall provide for the exercise thereof and for the
performance of all duties and obligations imposed on the city by law.
Section 2.05. Prohibitions.
(a) Holding other office. Except where authorized by law, no commissioner shall hold any
other city office or city employment during the term for which he or she was elected t~ the
commission and no former commissioner shall hold any compensated appointive city office or
employment or hold any city board or committee position until one year after the expiration of
the term for which he or she was elected to the commission.
(b) Appointments and removals. Neither the mayor, the commission, nor any of its members
shall in any manner dictate the appointment or removal of any city administrative officers or
employees whom the city manager or any of his subordinates are empowered to appoint, but
the commission rn~g express its views and fully and freely discuss with the city manager
anything pertaining to appointment and removal of such officers and employees.
(c) Interference with administration. Except for the purpose of inquiries and investigations
under section 2.09, the mayor, the commission, or its members shall deal with the city officers
and employees who are subject to the direction and supervision of the city manager solely
through the city manager, and neither the commission nor its members shall give orders to any
such officer or employee, either publicly or privately.
Supp. No. 37 3
§ 2.06 SANFORD CODE § 2.09
Section 2.06. Vacancies; forfeiture of office; filling of vacancies.
(a) Vacancies. The office of commissioner shall become vacant upon death, resignation,
removal from office in any manner authorized by law or forfeiture of office.
(b) Forfeiture of office. A commissioner shall forfeit office if the Commissioner:
(1) lacks at any time during his or her term of office any qualification for the office
prescribed by this charter or by law;
(2) violates any express prohibition of this charter;
(3) is convicted of a crime involving moral turpitude, or
(4) fails to attend three consecutive regular meetings of the commission without being
excused by the commission.
(c) Filling of vacancies. At the time a vacancy in the commission occurs, if there is less than
six (6) months before the next regular city election, said vacancy in the commission shall be
filled by vote of the remaining members of the commission within 30 days after said vacancy
shall occur. The person appointed shall hold office for the remainder of the unexpended term
and shall be a qualified commissioner meeting all qualifications under law. At the time the
vacancy occurs, if there is more than six (6) months before the next regular city election, a
special election shall be set no sooner than sixty (60) days and no later than ninety (90) days
following the occurrence of the vacancy and no temporary appointment shall be made by the
commission.
Section 2.07. Judge of qualifications.
The commission shall be the judge of the election and qualifications of its members and of
the grounds for forfeiture of their office and for that purpose shall have power to subpoena
witnesses, administer oaths and require the production of evidence. A member charged with
conduct constituting grounds for forfeiture of office shall be entitled to a public hearing on
demand, and notice of such hearing shall be published in one or more newspapers of general
circulation in the city at least one week in advance of the hearing. Decisions made by the
commission under this section shall be subject to review by the courts.
Section 2,08. City clerk.
The commission shall appoint, direct and supervise an officer of the city who shall have the
title of city clerk. The e4ty clerk shall give notice of commission meetings to its members and
the public, keep the journal of its proceedings and perform such other duties as are assigned
by this charter or by the commission.
Section 2.09. Investigations.
The commission may make investigations into the affairs of the city and the conduct of any
city department, office or agency and for this purpose may subpoena witnesses, administer
Supp. No. 37 4
§ 2~09 CHARTER § 3.01
oaths, take testimony and require the production of evidence. Any person who fails or refuses
to obey a lawful order issued in the exercise of these powers by the commission shall be guilty
of a misdemeanor an~ punishable to the extent provided by law.
Section 2.10. Independent audit.
The commission shall provide for an independent annual audit of all city accounts and may
provide for more frequent audits as it deems necessary. Such audits shall be made as provided
by General Acts, Laws of Florida.
Section 2.11. Ordinances and resolutions.
(a) Ail ordinances, emergency ordinances and resolutions shall be adopted as provided by
general law. The enacting clause of all ordinances shall be: "Be it Enacted by the People of the
City of Sanford, Florida." All ordinances and resolutions passed by the city commission shall
become effective ten days from date of passage, unless otherwise provided therein.
(b) Every ordinance or resolution upon its final passage shall be recorded and properly
indexed in a record-book kept for that purpose and shall be authenticated by the signature of
the presiding officer and clerk of the commission.
(c) Codification. Within ten years after the adoption of this charter and at least every ten
years thereafter, the commission shall provide for the preparation of a general codification of
all city ordinances which have been specified by the commission for inclusion in the code. The
general codification shall be adopted by the commission by ordinance and shall be published
promptly in loose-leaf form, together with this charter and any amendments thereto. This
compilation shall be known and cited officially as the Sanford City Code. Copies of the code
shall be furnished to city officers and a copy kept on file at the office of the city clerk for public
reference and made available for purchase by the public at a reasonable price fixed by the
commission.
(d) Printing of ordinances and resolutions. The commission shall cause each ordinance and
resolution having the force and effect of law and each amendment to this charter to be printed
promptly f~llowing its adoption, and the printed ordinances, resolutions and charter amend-
ments shall be distributed or sold to the public at reasonable prices to be fixed by the
commission. Following publication of the first Sanford City Code and at all times thereafter,
the ordinances, resolutions and charter amendments shall be printed in substantially the
same style as the code currently in effect and shall be suitable in form for integration therein.
The commission shall make such further arrangements as it deems desirable with respect to
reproduction and distribution of any current changes in or additions to the provisions of the
Constitution and other laws of the State of Florida, or the codes of technical regulations and
other rules and re~lations included in the code.
ARTICLE m. CITY MANAGER
Section 3.01. Appointment; qualifications; compensation.
The commission shall appoint a city manager for an indefinite term and fix the compensa-
tion. The manager shall be appointed solely on the basis of executive and administrative
qualifications. He or she need not be a resident of the city or state at the time of appointment
but shall reside inside the city while in office.
Supp No. 37 5
§ 3.02 SANFORD CODE § 3.04
Section 3.02. Removal.
The commission may remove the city manager from office in accordance with the following
procedures:
(1) The commission shall adopt by affirmative vote of a majority of all of its members a
preliminary resolution which must state the reasons for removal and may suspend the
city manager from duty for a per/od not to exceed 45 days. A copy of the resolution shall
be delivered promptly to the city manager;
(2) Within five days after a copy of the resolution is delivered to the city manager, he or she
may file with the commission a written request for a public hearing. This hearing shall
be held at a commission meeting not earlier than fifteen days, nor later than thirty
days after the request is filed. The city manager may file with the commission a
written reply not later than five days before the hearing;
(3) The commission may adopt a final resolution of removal, which may be made effective
immediately, by affirmative vote of a majority of all its members at any time a~er five
days from the date when a copy of the preliminary resolution was delivered to the city
manager if he or she has not requested a public hearing.
The city manager shall continue to receive his or her salary until the effective date of a final
resolution of removal. The action of the commission in suspending or removing the manager
shall not be subject to review by any court or agency.
Section 3.03. Acting city manager.
By !eWer filed with the city clerk, the city manager shall designate, subject to approval of the
commmman, a qualified city administrative officer to exercise the powers and perform the
duties of the city manager during temporary absence or disability. During such absence or
disability, the commission may revoke such designation at any time and appoint another
officer of the city to serve until the city manager shall return, or disability shall cease.
Section 3.04. Powers and duties of the city manager.
The city manager shall be the chief administrative officer of the city. The City Manager shall
be responsible to the commission for the administration of all city affairs placed in his or her
charge by or under this charter. The City Manager shall have the following powers and duties:
(1) He shall appoint and, when he or she deems it necessary for the good of the service,
suspend or remove all city employees and appointive administrative officers as
provided for b~'~ under this charter, except as otherwise provided by law, this charter
or personnel rules adopted pursuant to this charter. The City Manager may authorize
any administrative officer who is subject to his or her direction and supervision to
exercise these powers with respect to subordinates in that officer's department, office
or agency;
(2) direct and supervise the administration of all departments, offices and agencies of the
city, except as provided by this charter or by law;
Supp. No. 37 6
§ 3.04 CHARTER § 4.01
(3) attend all commission meetings and shall have the right to take part in discussion but
may not vote;
(4) see that all laws, provisions of this charter and acts of the commission, subject to
enforcement by the City Manager or by officers subject to his or her direction and
supervision, are faithfully executed;
(5) prepare and submit the annual budget and capital program to the commission, on or
before July 1st of each year;
(6) submit to the commission and make available to the public a complete report on the
finances and administrative activities of the city as of the end of each fiscal year;
(7) make such other reports as the commission may require concerning the operations of
city departments, offices and agencies subject to the City Manager's direction and
supervision;
(8) keep the commission fully advised as to the financial condition and future needs of the
city and make such recommendations to the commission concerning the affairs of the
city as he or she deems desirable; and
(9) perform such other duties as are specified in this charter or may be required by the
commission.
ARTICI.E IV. ADMINISTRATIVE DEPARTMENTS, OFFICES AND AGENCIES
Section 4.01. General provisions.
(a) Creation of departments. The commission may establish city departments, offices,
boards, committees or commissions or agencies in addition to those created by this charter and
may prescribe the function of all departments, offices, agencies, boards, committees or
commissions, except that no functions assigned by this charter to a particular department,
office, agency, board, commission or committee may be discontinued or, unless this charter
specifically so provides, assigned to any other.
(b) Directions by city manager All departments, offices, agencies, boards, commissions or
committees under the direction and supervision of the city manager shall be administered by
an officer appointed by and subject to the direction and supervision of the city manager. With
the consent of the commission, the city manager may serve as the head of one or more such
departments, offices, agencies, boards, commissions or committees or may appoint one person
as the head of two or'ore of them.
(c) Chief of police to be appointed by city manager. There shall be a chief of police who shall
be appointed by the city manager from eligible lists to be furnished by the civil service board.
The chief of police shall be the head of the police department, and as such shall appoint
subordinates from eligible lists to be furnished by the civil service board. The chief of police
shall have power, for cause, to discipline any officer or employee &the police force and shall
perform such other duties as may be required by this act [charter], by the laws and ordinances
Supp. No. 41 7
§ 4.01 SANFORD CODE § 4.04
of the city or by the city manager. The chief of police shall be responsible to the city manager
for the proper functioning of the police department. The chief of police and other police officers
or patrolmen shall receive such compensation as may be frxed by the city commission.
(d) Fire department created; officers and employees; appointment. There shall be a fire
department, to consist of a chief, who shall be appointed by the city manager from eligible lists
to be furnished by the civil service board. The fire chief shall be the head of the fire department
and as such shall appoint subordinates from eligible lists to be furnished by the civil service
board. The chief of the fire department shall have the control of the stationing and transferring
of all firemen, subject to such rules and regulations as are prescribed by the city manager and
shall perform such other duties as are required by this act [charter], by the laws of the city or
by the city manager. The chief of the fire department and subordinates shall receive such
compensation as may be fixed by the city commission.
(Ord. No. 3448, § 1, 12-14-98, Ref. of 3-2-99)
Section 4.02. Personnel system.
(a) Merit principle. All appointments and promotions of city officers and employees shall be
made solely on the basis of merit and fitness demonstrated by examination or other evidence
of competence.
(b) Personnel director. There shall be a personnel director appointed by the city manager
who shall administer the personnel system of the city.
(c) Personnel rules. The personnel director shall prepare personnel rules in accordance with
existing Federal and/or State Laws as they relate to the function of personnel administration.
In some cases, such rules shall be prepared in accordance with specific need or to comport with
sound, overall personnel functioning. Such rules shall be proposed, reviewed, and approved by
the City Manager, Civil Service Board, or City Commission as appropriate. Said personnel
rules shall be published in the Personnel Handbook.
Section 4.03. City attorney; city attorney to be appointed; duties.
The city commission shall appoint a city attorney who shall act as legal advisor to the
municipality and its officers in matters relating to their official duties. Upon request, the city
attorney shall furnish the city commission, the city manager, or through the city manager the
head of any department, his or her opinion on any question of law relating to their respective
duties. The city attorney shall perform such other duties as the city commission may require.
Section 4.04. City~a~torney; qualifications; compensation.
The city attorney shall be a lawyer of experience and authorized to practice law in all the
courts of the state. The city attorney compensation shall be fixed by the city commission.
Supp. No. 41 8
§ 4.05 CHARTER § 5.04
Section 4.05. Special legal counsel; consultants and consulting firms.
Such special legal counsel, consultants and consulting firms as may be authorized by the
commission to be engaged by the city shall be appointed or placed under contract by the city
manager. Said appointment or contract shall be approved by the commission.
ARTICLE V. FINANCIAL PROCEDURES
Section 5.01. Fiscal year.
The fiscal year of the city shall begin on the first day of October and end on the last day of
September.
Section 5.02. Submission of budget and budget message.
On or before the 1st day of July of each year, the city manager shall submit to the
commission a budget for the ensuing fiscal year and an accompanying message.
Section 5.03. Budget message.
The city manager's message shall explain the budget both in fiscal terms and in terms of the
work programs. It shall outline the proposed financial policies of the city for the ensuing fiscal
year; describe the important features of the budget; indicate any major changes from the
current year in financial policies, expenditures, and revenues together with the reasons for
such changes; summarize the city's debt positions, and include such other material as the city
manager deems desirable.
Section 5.04. Budget.
The budget shall provide a complete financial plan of all city funds and activities for the
ensuing fiscal year and, except as required by law, or this charter, shall be in such form as the
city manager deems desirable, or the commission may require. In organizing the budget, the
city manager shall utilize the most feasible combination of expenditure classification by fund,
organization unit program, purpose or activity, and object. The budget shall begin with a clear
general summary of its contents; shall show in detail all estimated income, indicating the
proposed property tax levy, and all proposed expenditures, including debt service, for the
ensuing fiscal year; and shall be so arranged as to show comparative figures for actual and
estimated income and expenditures of the current fiscal year and actual income and
expenditures of th~preceding fiscal year. The budget shall indicate in separate sections:
(1) Proposed operating expenditures during the ensuing fiscal year, detailed by offices,
departments and agencies in terms of their respective work programs, and the method
of financing such expenditures;
(2) Proposed capital expenditures during the ensuing fiscal year, detailed by offices,
departments and agencies when practicable, and the proposed method of financing
each such capital expenditure; and
Supp. No. 37 9
§ 5.04 SANFORD CODE § 5.07
(3) Anticipated net surplus or deficit for the ensuing fiscal year of each utility owned or
operated by the city and the proposed method of its disposition; subsidiary budgets for
each such utility, giving detailed income and expenditure information, shall be
attached as appendices to the budget.
The total of proposed expenditures shall not exceed the total of estimated income and prior
year surpluses, if any. The budget shall be adopted as provided by General Acts, Laws of
Florida.
Section 5.05. Capital program.
(a) Submission to commission. The city manager shall prepare and submit to the commis-
sion a five-year capital program on or before July I of each year.
(b) Contents. The capital program shall include:
(1) A clear general summary of its contents;
(2) A list of all capital improvements which are proposed to be undertaken during the five
fiscal years next ensuing, with appropriate supporting information as to the necessity
for such improvements;
(3) Cost estimates, method of financing and recommended time schedules for each such
improvement; and,
(4) The estimated annual cost of operating and maintaining the facilities to be constructed
or acquired.
The above information may be revised and extended each year with regard to capital
improvements still pending or in process of construction or acquisition.
(c) Notice and hearing. The commission shall publ/sh in one or more newspapers of general
circulation in the city, a notice stating:
(1) The times and places where copies of the capital program are available for inspection
by the public; and
(2) The time and place, not less than two weeks after such publication, for a public hearing
on the capital program.
(d) Adoption. The commission shall adopt the capital program with or without amendment
after the public hearing.
Section 5.06. Public records.
Copies of the budgeA.ond the capital program as adopted shall be public records and a copy
shall be made available to the public for reference at the office of the city clerk.
Section 5.07. Amendments after adoption.
(a) Supplemental appropriations. If, during the fiscal year, the city manager certifies that
there are available for appropriation revenues in excess of these estimated in the budget, the
commission may make supplemental appropriations for the year up to the amount of such
excess.
Supp. No. 37 10
§ 5.07 CHARTER § 5.09
(b) Emergency appropriations. To meet a public emergency affecting life, health, property or
the public peace, the commission may make emergency appropriations. Such appropriations
may be made by emergency ordinance in accordance with provisions of section 2.11. To the
extent that there are no available unappropriated revenues to meet such appropriations, the
commission may, by such emergency ordinance, authorize the issuance of emergency notes,
which may be renewed from time to time, but the emergency notes and renewals of any fiscal
year shall be paid not later than the last day of the fiscal year next succeeding that in which
the emergency appropriation was made.
(c) Reduction of appropriations. If, at any time during the fiscal year, it appears probable to
the city manager that the revenues available will be insufficient to meet the amount
appropriated, he or she shall report to the commission without delay, indicating the estimated
amount of the deficit, any remedial action taken and recommendations as to any other steps
to be taken.
The commission shall then take such further action as it deems necessary to prevent or
minimize any deficit for that purpose: it may, by ordinance, reduce one or more appropriations.
(d) Transfer of appropriations. At any time the city manager may request that the
commission approve transfer of budgeted funds within, and/or between departments, offices,
or agencies. Each request will be supported by written justification for the transfer.
(e) Limitations; effective date. No appropriations for debt service may be reduced or
transferred, and no appropriation may be reduced below any amount requ/red by law to be
appropriated or by more than the amount of the unencumbered balance thereof. The
supplemental and emergency appropriations and reduction of the appropriations authorized
by this section may be made effective immediately upon adoption. Any excess monies
remaining in a debt service fund after all amounts required by law have been appropriated
may be returned to the general fund for the regular operating budget of the city.
Section 5.08. Lapse of appropriations.
Every appropriation, except an appropriation for a specified major capital expenditure shall
lapse at the close of the fiscal year to the extent that it has not been expended or encumbered.
An appropriation for a specified major capital expenditure shall continue in force until the
purpose for which it was made has been accomplished or abandoned; the purpose of any such
appropriation shall be deemed abandoned if three years pass without any disbursement from
or encumbrance ofj~e appropriation and may be transferred to the general fund.
Section 5.09. Administration of budget.
(a) Work programs and allotments. At such time as the city manager shall specify, each
department, office or agency shall submit work programs for the ensuing fiscal year showing
the requested allotments of its appropriation by periods within the year. The city manager
shall review and authorize such allotments with or without revision as early as possible in the
Supp. No. 37 11
§ 5:09 SANFORD CODE § 6.03
fiscal year. The city manager may revise such allotments during the year if he or she deems it
desirable and shall revise them in accord with any supplemental emergency, reduced or
transferred appropriations made pursuant to section 5.07.
(b) Payments and obligations prohibited. No payment shall be made or obligation incurred
against any allotment or appropriation except in accordance with the appropriations duly
made and unless the city manager or his or her designee first certifies that there is a sufficient
unencumbered balance in such allotment or appropriation and that sufficient funds therefrom
are or will be available to cover the claim or meet the obligation when it becomes due and
payable. Any authorization of payment or incurring of obligation in violation of the provisions
of this charter shall be void and any payment so made illegal; such action shall be cause for
removal of any officer who knowingly authorized or made such payment or incurred such
obligation, and he or she shall be liable to the city for any amount so paid. However, except
where prohibited by law, nothing in this charter shall be construed to prevent the making or
authorizing of payments or making of contracts for capital improvements to be financed wholly
or partly by the issuance of bonds or to prevent the making of any contract or lease providing
for payments beyond the end of the fiscal year, provided that such action is made or approved
by ordinance.
ARTICLE VI. ELECTIONS
Section 6.01. Election of mayor and commissioners; dates of regular and runoff
elections.
The regular municipal election of the city shall be held on the first Tuesday after the first
Monday in March of each election year.
City commission seats are hereby designated as Mayor and seats 1, 2, 3, and 4. Candidates
for the offices of Mayor and Commissioner shall file to qualify for that specified commission
seat as provided by law.
Section 6.02. Same--Qualifications of candidates; form of oath.
Any person who is a resident of the city and has qualified as an elector therein may become
a candidate for nomination to the office of mayor or to a Commission seat by filing with the city
clerk, and payment of the fee prescribed, and by taking and subscribing to an oath or
affirmation in substantially the form as required by the General Laws of Florida and filing the
same, together with tfft~petition, with the city clerk not earlier than fifty-seven (57) days, and
not later than noon on the forty-six (46) days prior to the day of holding the next regular
election.
Section 6.03. Names to be placed on ballot for regular election.
The names of all candidates for the office of mayor shall be placed on the election ballot first
and in alphabetical order.
Supp. No. 37 12
~' § 6.03 CHARTER § 6.07
The names of all candidates for commission seats shall be placed upon the regular election
ballot in alphabetical order for commission seat to be voted upon. Commission seats shall be
listed on the ballot in their numerical order.
Runoff election ballots shall be in the same form as prescribed herein for the regular
municipal election ballot.
Section 6.04. Commission to declare person elected.
All candidates elected as mayor or to the City Commission by regular election shall take
office on the first Tuesday after the first Monday in April immediately following the regular
election. All candidates elected by special election shall take office al~er certification of the
election results by the Commission.
Section 6.05. Absentee voting.
Absentee voting shall be permitted in city elections in the same manner as may be provided
in state elections.
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 for said city who is not a qualified voter under the state law. The city
commission shall, by ordinance, prescribe the method and manner of holding all elections
which shall be called and held and which are not provided for by the terms of this charter. All
such elections shall be conducted substantially on the principle adopted for the state elections
insofar as there is no conflict with the terms of this charter; provided, that the city commission
may, by ordinance, prescribe the method, manner and conduct of all elections of said city not
in conflict with this charter.
Section 6.07. City Commission Districts.
Notwithstanding any other provision of this Charter, each city commissioner shall represent
a city commission district and be elected by the voters of that district. There shall be four (4)
city commission districts that shall be defined and described as have [having] been established
as of, and contain the area of the city as of, the effective date [Jan. 10, 2005] of this article
[Ordinance No. 3905]. The city commission may modify city commission districts by the
enactment of an ordinance under such processes and procedures as may be determined to be
desirable by the city commission. In addition to the office of the city commissioner representing
the entire city, each city commissioner shall represent the interests of the citizens residing
with the city commissioner's city commission district.
(Ord. No. 3905, § 4, 1-10-05)
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§ 7.01 SANFORD CODE § 7.03
ARTICLE VII. INITIATIVE AND REFERENDUM
Seetion 7.01. General authority.
(a) Initiative. The qualified voters of the city shall have power to propose ordinances to the
commission and, if the commission fails to adopt an ordinance so proposed without any change
in substance, to adopt or reject it at a city election, provided, that such power shall not extend
to the budget or capital program or any ordinance relating to appropriation of money, levy of
taxes or salaries of city officers or employees.
(b) Referendum. The qualified voters of the city shall have power to require reconsideration
by the commission of any adopted ordinance and, if the commission fails to repeal an ordinance
so reconsidered, to approve or reject it at a city election, provided that such power shall not
extend to the budget or capital program or any emergency ordinance or ordinance relating to
appropriation of money or levy of taxes.
Section 7.02. Commencement of proceedings; petitioners' committee; affidavit.
Any five qualified voters may commence initiative or referendum proceedings by filing with
the city clerk an affidavit stating they will constitute the petitioners' committee and be
responsible for circulating the petition and filing it in proper form, stating their names and
addresses and specifying the address to which all notices to the committee are to be sent, and
setting out in full the proposed initiative ordinance or citing the ordinance sought to be
reconsidered.
Promptly after the affidavit of the petitioners' committee is filed, the clerk shall issue the
appropriate petition blanks to the petitioners' committee.
Section 7.03. Petitions.
(a) Number of signatures. Initiative and referendum petitions must be signed by qualified
voters of the city equal in number to at least fifteen percent (15%) of the total number of
qualified voters registered to vote at the last regular city election, and shall contain a
certificate from the supervisor of elections as to the number of valid signatures of qualified
voters.
(b) Form and content. All papers of a petition shall be uniform in size and style and shall
be executed in ink or indelible pencil and shall be followed by the address and voter
registration number of the person signing. Petitions shall contain, or have attached thereto,
throughout their circulation the full text of the ordinance proposed or sought to be reconsid-
ered.
(c) Affidavit or circulator Each paper ora petition shall have attached to it, when filed, an
affidavit executed by the circulator thereof stating that he or she personally circulated the
paper; the number of signatures thereon; that all the signatures were affixed in his or her
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7.03 CHARTER § 7.04
presence; that he or she believes them to be the genuine signatures of the persons whose
names they purport to be; and that each signer had an opportunity before signing to read the
full text of the ordinance proposed or sought to be reconsidered.
(d) Time for filing referendum petitions. Referendum petitions must be filed within 30 days
after adoption by the commission of ordinance sought to be reconsidered.
Section 7.04. Procedure after filing.
(a) Certificate of clerk; amendment. Within 20 days after the petition is filed, the city clerk
shall complete a certificate as to its sufficiency, specifying, if it is insufficient, the particulars
wherein it is defective and shall promptly send a copy of the certificate to the petitioners'
committee by certified mail. A petition certified insufficient for lack of the required number of
valid signatures may be amended once if the petitioners' committee files a notice of intention
to amend it with the clerk within two days after receiving the copy of the clerk's certificate and
files a supplementary petition upon additional papers within ten days after receiving the copy
of such certificate. Such supplementary petition shall comply with the requirements of
subsections (b) and (c) of section 7.03, and within five days after it is filed the clerk shall
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§ 7.04 CHARTER § 7.06
complete a certificate as to the sufficiency of the petition as amended and promptly send a copy
of such certificate to the petitioners' committee by certified mail as in the case of an original
petition. If a petition, or amended petition is certified sufficient, or if a petition, or amended
petition is certified insufficient and petitioners' committee does not elect to amend or request
the commission to review under subsection (b) of this section within the time required, the
clerk shall promptly present the certificate to the commission and the certificate shall then be
a final determination as to the sufficiency of the petition.
(b) Commission review. If a petition has been certified insufficient and the petitioners'
committee does not file notice of intention to amend it, or if an amended petition has been
certified insufficient, the committee may, within two days at~er receiving the copy of such
certificate, file a request that it be reviewed by the commission. The commission shall review
the certificate at the next meeting following the filing of such request and approve or
disapprove it, and the commission's determination shall then be a final determination as to the
sufficiency of the petition.
(c) Court review; new petition. A final determination as to the sufficiency of a petition shall
be subject to court review. A final determination of insufficiency, even if sustained upon court
review, shall not prejudice the filing of a new petition for the same purpose.
Section 7.05. Referendum petitions; suspension of effect of ordinance.
When a referendum petition is filed with the city clerk, the ordinance sought to be
reconsidered shall be suspended fyom taking effect. Such suspension shall terminate when:
(1) there is a final determination of insufficiency of the petition; or
(2) the petitioners' committee withdraws the petition; or
(3) the commission repeals the ordinance; or
(4) thirty days have elapsed al~er a vote of the city on the ordinance.
Section 7.06. Action on petition.
(a) Action by commission. When an initiative or referendum petition has been finally
determined sufficient, the commission shall promptly consider the proposed initiative ordi-
nance in the manner provided in article II, or reconsider the referred ordinance by voting its
repeal. If the Com~sion fails to adopt a proposed initiative ordinance without any change in
substance within sixty days, or fails to repeal the referred ordinance within thirty days aider
the date the petition was finally determined sufficient, it shall submit the proposed or referred
ordinance to the voters of the city.
(b) Submission to voters. The vote of the city on a proposed, or referred ordinance, shall be
held not less than thirty days, and not later than the next regular election. Copies of the
proposed, or referred ordinance, shall be made available at the polls.
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§ 7.06 SANFORD CODE § 8.01
(c) Withdrawal of petitions. An initiative or referendum petition may be withdrawn at any
time prior to the fifteenth (15th) day preceding the day scheduled for a vote of the city by filing
with the city clerk a request for withdrawal signed by at least four members of the petitioners'
committee. Upon the filing of such request the petition shall have no further force or effect and
all proceedings thereon shall be terminated.
Section 7.07. Results of election.
(a) Initiative. Ifa majority of the qualified electors voting on a proposed initiative ordinance
vote in its favor, it shall be considered adopted upon certification of the election results and
shall be treated in all respects in the same manner as ordinances of the same kind adopted by
the commission. If conflicting ordinances are approved at the same election, the one receiving
the greatest number of affirmative votes shall prevail to the extent of such conflict.
(b) Referendum. If a majority of the qualified electors voting on a referred ordinance vote
against it, it shall be considered repealed upon certification of the election results.
ARTICLE VIII. GENERAL PROVISIONS
Section 8.01. Charter amendment.
(a) Proposal of amendment. Amendments to this charter may be framed and proposed:
(1) in the manner provided by law; or
(2) by ordinance of the commission containing the full text of the proposed amendment
and effective upon adoption; or
(3) by the voters of the city; or
(4) by report of a charter commission created by ordinance.
Proposal of an amendment by the voters of the city shall be by petition containing the full
text of the proposed amendment and shall be governed by the same procedures and
requirements prescribed in article VII for initiative petitions until such time as a final
determination as to the sufficiency of the petition is made, except that there shall be no
limitation as to subject matter and that the petition must be signed by qualified voters of the
city equal in number to at least twenty per cent (20%) of the total number of qualified electors
registered to vote at the last regular city election. The petitioners' committee may withdraw
the petition at any time before the fifteenth (15th) day immediately preceding the day
scheduled for the city~ote on the amendment.
(b) Election. Upon delivery to the city election authorities of the report of a charter
commission, or delivery by the city clerk of an adopted ordinance or a petition finally
determined sufficient, proposing an amendment pursuant to subsection (a), the election
authorities shall submit the proposed amendment to the voters of the city at an election. Such
election shall be announced by a notice containing the complete text of the proposed
amendment and published in one or more newspapers of general circulation in the city at least
Supp. No. 37 16
§ 8.01 CHARTER § 9.02
30 days prior to the date of the election. The election shall be held not less than 60 and not
mere than 120 days aider the adoption of the ordinance or report or the final determination of
sufficiency of the petition proposing the amendment. If no regular election is to be held within
that period, the commission shall provide for a special election on the proposed amendment;
otherwise, the holding of a special election shall be within the discretion of the commission.
(c) Adoption of amendment. If a majority of the qualified voters of the city voting upon a
proposed charter amendment vote in favor of it, the amendment shall become effective at the
time fixed in the amendment or, if no time is therein fixed, 30 days after its adoption by the
voters.
Section 8.02. Separability.
If any provision of this charter or portion of a provision is held invalid, the other provisions
of the charter shall not be affected thereby. If the application of the charter, or any of its
provisions, to any person or circumstance is held invalid, the application of the charter and its
provisions to other persons or circumstances shall not be affected thereby.
ARTICLE IX. TRANSITIONAL PROVISIONS
Section 9.01. Officers and employees.
(a) Rights and privileges preserved. Nothing in this charter except as otherwise specifically
provided shall affect or impair the rights or privileges of persons who are city officers or
employees at the time of its adoption.
(b) Continuance of office or employment. Except as specifically provided by this charter, if,
at the time this charter takes full effect, a city administrative officer or employee holds an
office or position, which is, or can be abolished by, or under this charter, he or she shall
continue in such office or position until the taking effect of some specific provision under this
charter directing that he or she vacate the office or position.
(c) Personnel system. An employee holding a city position at the time this charter takes full
effect, who was serving in that same, or comparable position, at the time of its adoption, shall
not be subject to competitive tests as a condition of continuance in the same position, but in all
other respects shall be subject to the City's personnel system.
Section 9.02. Departments, offices and agencies.
(a) Transfer ofpswers. Ifa city department, office or agency is abolished by this charter, the
powers and duties given it by law shall be transferred to the city department, office or agency
designated in this charter, or, if the charter makes no provision, designated by the city
commission.
(b) Property and records. All property, records and equipment of any department, office or
agency existing when this charter is adopted shall be transferred to the department, office or
agency assuming its powers and duties, but, in the event that the powers or duties are to be
Supp. No. 37 17
§ 9.02 SANFORD CODE § 9.06
discontinued, or divided between units, or in the event that any conflict arises regarding a
transfer, such property, records or equipment shall be transferred to one or more departments,
offices or agencies designated by the commission in accordance with this charter.
Section 9.03. Pending matters.
All rights, claims, actions, orders, contracts and legal or administrative proceedings shall
continue, except as modified, pursuant to the provisions of this charter, and in each case shall
be maintained, carried on, or dealt with by the city department, office or agency appropriate
under this charter.
Section 9.04. State and municipal laws.
In general, all city ordinances, resolutions, orders and regulations which are in force when
this charter becomes fully effective are repealed to the extent that they are inconsistent or
interfere with the effective operation of this charter, or of ordinances, or resolutions adopted
pursuant thereto. To the extent that the Constitution and laws of the State of Florida permit,
all laws relating to, or affecting this city, or its agencies, officers or employees which are in
force when this charter becomes fully effective are superseded to the extent that they are
inconsistent, or interfere with the effective operation of this charter or of ordinances, or
resolutions adopted pursuant thereto.
Section 9.05. Transitional schedule.
The City Commissioners seated on the effective date of this new Charter shall remain
seated until their respective successors are elected and take office as mandated by the new
Charter.
The terms of the Mayor and of the two Commissioners which expire January 2, 2001 are
hereby extended to April 3, 2001. The terms of the two Commissioners which expire January
5, 1999 are hereby extended to April 6, 1999.
Section 9.06. Effective date.
This charter shall be in full force and effect on April 1, 1997, upon ratification by a majority
vote of the qualified electors voting thereon on December 3, 1996.
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