HomeMy WebLinkAboutOrdinance_235_07/27/19761 i
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ORDINANCE N0. 23j
AN ORDINANCE OF THE VILLAGE OF TEQUESTA,
FLORIDA, AMENDING SECTION 1 OF ORDINANCE
N0. 224, PROVIDING FOR DEFINING A FIRE
DISTRICT, AND PROVIDING THAT ALL OTHER
PROVISIONS OF ORDINANCE N0. 224 BE AS
ORIGINALLY ADOPTED
BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Section 1-The Southern Standard Building Code,
1973 Edition, 1974 Revision, Section 301.4 Scope, of Ordinance 224,
shall be, and the same is hereby amended to read as follows:
(a) "The Fire District shall include all land and buildings
classified C-1 Retail Commercial District, C-2 Wholesale
Commercial and Light Industrial District, and R-2 and R-3
Multiple Family Dwelling Districts, under Zoning Ordinance
No. 211. The Fire District shall be changed, or increased
or decreased in size as the respective districts under
Zoning Ordinance No. 211 may be changed, or increased or
decreased in size".
Section 2. Except as herein amended, all provisions and
sections of Zoning Ordinance No. 211 of the Village of Tequesta,
Florida, shall remain as originally adopted.
Section 3. This ordinance shall take effect upon its
passage and approval as provided by law.
THE FOREGOING ORDINANCE was offered by Councilmember
Howard F. Brown who moved its adoption. The
motion was seconded by Councilmember
-Peter Baron ,
and upon being put to a vote, the vote was as follows:
FOR ADOPTION
Peter Baron
Howard F. Brown
Dorothy' M. Campbell
Stephen R. Huggins
Joseph D. Yoder, Jr.
AGAINST ADOPTION
The Mayor thereupon declared the Ordinance duly passed and
adopted this _ 27 day of JU1~_. A.D., 1976.
• ~-
MAYOR OF TEQUESTA
~4n
ATTEST:
~/f
Village~~'erk
(:h. 112 PLf131.1C UF[~1(a;lt5 .~;~ll 1SML'L.(
kind of special , ;district created by gc Hera) or spe-
cial law and is limited specilic•ally to constructing,
maintaining, m~.uAaging, and financing improve-
ments in the land area over which the agency has
jurisdiction, or when the agency has been organised
pursuant to chapter 29d, then employment with, or
entering into a contractual relationship with, such
business entity by a public otlicer or employee of
such agency shall not be prohibited by this subsec-
tion or be deemed a conflict per se. However, conduct
by such otlicer or employee that is prohibited by, or
otherwise frustrates the intent of, this section shall
be deemed a conflict of interest in violation of• the
standards of• conduct set forth by this section.
2. When the agency referred to is a legislative
body and the regulatory power over the business
entity resides in another agency, or when the regula-
tory power which the legislative body exercises over
the business entity or agency is strictly through the
enactment of laws ol• ordinances, then employment
or a contractual relationship with such business en-
tity by a public officer or employee of a legislative
body shall not he prohibited by this subsection or be
deemed a conflict.
(b) This subsection shall not prohibit a public of-
ficer or employee from practicing in a particular
profession or occupation when such practice by per-
sons holding such public"office or employment is re-
quired or permitted by law or ordinance.
(S)' DISChOSURE OR USE OF CERTAIN IN-
FORMATION.-No public otlicer or employee of an
agency shall disclose or use information not availa-
ble to members of the general public and gained by
reason of his official position for his personal gain or
benefit or for the personal gain or benefit of any
other person or business entity.
(9) DISCLOSURE OF SPECIFIED INTER-
ESTS.-
(a) If a public officer or employee of an agency is
an officer, director, partner, proprietor, associate, or
general agent (other than a resident agent solely for
service of process) of, or owns a material interest in,
any business entity which is granted a privilege to
operate in this state, he shall file a statement disclos-
ing such facts no later than 45 days after becoming
an otlicer or employee ol° after the acquisition of
such position or material interest. The statement
shall give t;he name, address, and principal business
activity of the busuiess entity and shall state the
position held with such business entity or the fact
that a material interest is owned and the nature of
said interest. [New appointees to public office or
new public employees] shall file the statement re-
quired herein, if applicable, no later than 30 days
after their appointment or after the date their em-
ployment begins.
(b) A person seeking to qualify as a candidate for
nomination or election to any office shall file a like
statement along with, and as a part of, the required
qualification papers. The statement shall be filed
with the Department of State if the individual is
seeking a state office or is a state otlicer or employee.
Persons seeking to qualify as a candidate for nomi-
nation or election to office within a political subdivi-
sion of the state, the duties and jurisdiction of which
are limited to said political subdivision, and officers
S1ViV~+ l R-
!i i~~ i ~i ~i ~ vx
and en~yees of such subdivlsloiis, sh~i;l 1:`...:~,:
statements wif.h the Clerk of the Circuit Court odtkre
county in which they are principally emplo}wd i~'
are residents.
(10) EMPLOYEES HOLDING OFFICE.-
(a) No employee of a state agency or ol•a c~~•~r~r
municipality, special taxing district, or other }r~t~
cal subdivision of the state shall hold oflicY ws [
member of the governing board, council, cotnr!:1~
sion, or authority, by whatever name kno~en, uhat~s
is his employer while, at the same time, continu:~
as an employee of such employer.
(b) The plrovisions of this subsection shall nr~
ply to any person holding office in violation ot•~~.>:~
provisions ou the effective date of this act. Ho++rvc-,
such a person shall surrender his conflicting ernpl~
ment prior to seeking reelection or accepting rrs;>'
pointment to office.
(ll) PROFESSIONAh AND OCCUPA'IIUXAL
LICENSING BOARD MEMBERS.-No otlicer.
rector, or administrator of a Florida state, count}-, rr
regional professional or occupational organirlt,c~
or association, while holding such position, shall hr
eligible to serve as a member of a state examining ar
licensing board for the profession or occupation.
History.-s. 3, ch. 67-469; s. 2, ch 69-335; ss. 10, 35, ch. 69-106: s. 3. ch 7t ['~
ss. A, l 1, ch. 75-208.
'Note.-'this section, as amended by ch. 75-'L08, Lakes effect Octoi-x•r 1_ lI"1
Note.-Bracketed IanKuaKe subsLit.uted by the ediWrs for "Per+r.^n+ p,
pointed to office or employed."
14
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' 112.31.41 Additional standards of conduct
for public officers.-
(1) In addition to the provisions of this parK
which are applicable to legislators and legislaut~r
employees by virtue of their being public o(licer~ ca
employees, the conduct of members of the Legisla•
Lure and legislative employees shall be governed br
the ethical standards provided in the respecti~r
rules of• the Senate or House of Representatielx
which are not in conflict herewith.
(2) No full-time legislative employee shall be oth•
erwise employed during the regular hours of his pri•
mary occupation, except with the written
permission of the presiding otlicer of the house by
which he is employed, filed with the Clerk of thr
House of Representatives or with the Secretary of
the Senate, as may be appropriate. Employees of
joint committees must have the permission of the
presiding officers of both houses. This section shall
not be construed to contravene the restrictions of•s.
11.26.
History.ss. 4, 8, ch. 74-177; s. 5, ch. 75-208.
'Note.-E[fecLive October 1, 1975.
'112.3].43 Voting conflicts.-No public ofTicer
shall be prohibited from voting in his official capaci•
ty on any matter. However, any public otlicer voting
in his official capacity upon any measure in which he
has a personal, private, or professional interest and
which inures to his special private gain or the special
gain of any principal by whom he is retained shall,
within 15 days alter the vote occurs, disclose the
nature of his interest as a public record in a memo-
sanctum filed with the person responsible for record-
446
Ch. ll~
..._ .. `4
. t
II file th~•rr~
'Dori-uftls~
nployrd yr
E.-
f acounty,
(.her polity.
~flice as ~
1, conuniA-
~wn, which
~ontinuira~
gall not ap
on of'such
However,
lg emplu~~•
Ming reap.
I'I'I OIV A 1.
)Ricer, di•
county, or
;aniza tiun
i, shall be
mining or
pation.
5. a.~i,.7a i7-
~ctuber 1, 14; 5
"Persona n,
conduct
this part
egislativr
)(ricers ur
Legisl~t-
~erned by
expect ive
entatives
111 be oth-
~f his pri-
written
house by
°k of the
retary of
loyees of
m of the
ion shall
ions of's.
c officer
~l capaci-
~r voting
Nhich he
rest and
e special
ed shall,
lose the
a memo-
rrecord-
[li.ll'L I'1113I,IC: Ob'I'1(•lai,5 ANll 1SMPLt
rg the minutes oi' the meetint~4ho shall incorpo-
r~te the memorandum in the minutes.
tlietory.-s. 6, ch_ 75-20H. -
'Fote.-Effective Oci~~Ler 1, 1975.
'112.3145 Disclosure of financial interests
uld clients represented before agencies.-
Il) For purposes of this section, unless the con-
text otherwise requires:
(a) "Local officer" means:
1. Every person- who is elected to office in any
political subdivision of the state, and every person
a~ho is appointed to [ill a vacancy for an unexpired
term in such an elective office.
2. Any appointed member of a board, commis-
sion, authority, community college district board of
trustees, or council of any political subdivision of the
state, excluding any member of an advisory body. A
governmental body with land-planning, zoning, or
natural resources responsibilities shall not be con-
sidered an advisory body.
•3. Any person holding one or more of the follow-
ing positions, by whatever title, including persons
appointed to act directly in such capacity, but ex-
cluding assistants and deputies unless specifically
named herein: clerk of the circuit court; clerk of the
county court; county or city manager; political subdi-
vision chief; county or city administrator; county or
city attorney; chief county or city building inspector;
county or city water resources coordinator; county or
city pollution control director; county or city envi-
ronmental control director; county or city adminis-
trator, with power to grant or deny a land
development permit; chief of'police; fire chief; city or
town clerk; district school superintendent; commu-
nity college presidents; or a purchasing agent having
the authority to make any purchase exceeding $100
for any political subdivision of'the state or any entity
thereof.
(b) "Specif.ied employee" means:
1. Public counsel created by chapter 350; an as-
sistant state attorney; an assistant public defender;
a full-time state employee who serves as counsel or
assistant counsel to any state agency; a judge of in-
dustrial claims; and a hearing examiner.
2. Any person employed in the office of the Gov-
ernor or in the office of any member of the cabinet,
if that person is exempt from the career service sys-
tem,except persons employed in clerical, secretarial,.
or similar positions.
3. Each appointed secretary, assistant secretary,
deputy secretary, executive director, assistant exec-
utive director, or deputy executive director of each
state department, commission, board, or council; un-
less otherwise provided, the division director, assis-
tant division director, deputy director, bureau chief,
and assistant bureau chief of any state department
or division; or any person having the power normally
conferred upon such persons, by whatever title.
4. The superintendent or institute director of a
mental health institute established for training and
research in the mental health field; the superintend-
ent or director of any major state institution or facil-
ity established for training, treatment, or
rehabilitation; or any person having the power nor-
mally conferred on such persons by whatever title.
5. Business managers, purchasing agents, fi-
)YIa;LS; (~P]NLRA1. NROVlS_IUNa ('h. 11Z
nanceYand accounting d~tors, personnel officers,'
and grants coordinators for any state agency, or per-
sonshaving the power normally conferred upon such
persons, by whatever title.
6. The Auditor General; the Sergeant-at-Arms
and Secretary of the Senate; the Sergeant-at-Arms
and Clerk of the House of Representatives; the Exec-
utive Director of the Joint Legislative Management
Committee; the Director of Statutory Revision; and
the staff director of each committee of the Legisla-
ture.
7. Each employee of the Commission on Ethics.
8. Any f'ulI-time state employee who, in addition
to his regular duties, accepts compensation which in
the aggregate exceeds $250 for consultations with
other state agencies or with other government or
business entities.
(c) "State officer" means:
1. All elected public officers, to include [those
elected to] the United States Senate and House of
Representatives, not covered elsewhere in this part
and any person who is appointed to fill a vacancy for
an unexpired term in such an elective office.
2. An appointed member of each board, commis-
sion, authority, or council having statev<~ide jurisdic-
tion, excluding a member of an advisory body.
3. A member of the Board of Regents; the Chan-
cellor and Vice Chancellor of the State University
System; and the president of a state university.
(2)(a) A person seeking nomination or election to
a state or local 4[elective] office shall file a statement
of financial interests together with, and at the same
time he files, his qualifying papers.
(b) Each state or local officer and each specified
employee shall file a statement of financial interests
no later than 12 o'clock noon of July 15 of each year,
including the July 15th following the last year 5[he]
is in office. Each state or local officer who is appoint-
ed and each specified employee who is employed
shall file a statement of financial interests within 30
days from the date of appointment or, in the case of
specified employees, from the date on which the em-
ployment begins, except that any person whose ap-
pointment is subject to confirmation by the Senate
shall file prior to confirmation hearings or within 30
days from the date of appointment, whichever comes
first.
(c) State officers, specified employees, and per-
sons seeking to qualify as candidates for state office
shall file their statements of financial interests with
the Secretary of State. Local officers and persons
seeking to qualify as candidates for local office shall
file their statements of financial interests with the
Clerk of the Circuit Court of the county in which
they are principally employed or are residents.
(3) The statement of financial interests for state
officers, specified employees, local officers, and per-
sons seeking to qualify as candidates for state or
local office shall be filed even if the reporting person
holds no Bnaneial interests requiring disclosure, in
which case the statement shall be marked."not ap-
plicable." Otherwise, the statement of financial in-
terests shall include:
(a) All sources of income in excess of 5 percent of
the gross income received during the disclosure peri-
od by the person in his own name or by any other
447
Uh. 112 ~Ut3!<,1C Ok'FIG~;it~ /if~Id) ~~M1'LOYI;F7S; (" ~°~V ~'12,AL Ylt_OV1~1(2N~ _Ch. l!~
person for his use or benefit, excluding publ is salary.
However, this shall not be construed to require dis-
closure of a business partner's sources of income.
The person reporting shall list such sources in de-
scending order of value with the largest source first.
(b) All sources of income to a business entity in
excess of 10 percent of the gross income oi•a business
entity in which the reporting person held a material
interest and 2[from which he] received z[an amount
which was] in excess of 10 percent of his gross income
during the disclosure period and which exceeds $1,-
500. The period for computing the gross income of
the business entity is the fiscal year of the business
entity which ended on, or immediately prior to, the
end of the disclosure period of the person reporting.
(c) The location or description of real property in
this state, except for residences and vacation homes,
owned directly or indirectly by the person reporting,
when such person owns in excess of 5 percent of the
value of such real property, and the general descrip-
tion of any intangible personal property worth in
excess of 10 percent of such person's total assets. For
the purposes of this paragraph indirect ownership
shall not include ownership by a spouse or minor
child.
(d) A list of all persons, business entities, or other
organizations, and the address and a description of
the principal business activity of each, from whom
he received a gift or gifts from one source, the total
of which exceeds $100 in value during the disclosure
period. The person reporting shall list such benefac-
tors in descending order of~ value with the largest
listed first. Gifts received from a parent, grandpar-
ent,'sibling child, or spouse of the person reporting,
or from a spouse of any of the foregoing; gifts re-
ceived by bequest or devise; gifts disclosed pursuant
to s. 111.011; or campaign contributions which were
reported as required by law need not be listed. For
purposes ofthis paragraph a debt on which a prefer-
ential rate of interest substantially below the rate
charged under the then customary and usual cir-
cumstances is charged shall be deemed a gift of an
amount equal to the Z[amount represented by the]
difference between the preferential and customary
rate charged on the debt.
(e) Every debt which in sum equals more than
the reporting person's net worth.
(4) Each state officer, local officer, and specified
employee shall file a quarterly report of the names
of clients represented for a fee or commission, except
for appearances in ministerial matters, before agen-
cies at his level of government. For the purposes of
this part, agencies of government shall be classified
as state level agencies or agencies below state level.
The report shall be filed only when a reportable rep-
resentation is made during the calendar quarter and
shall be filed no later than 15 days after the last day
of the quarter. Representation before any agency
shall be deemed to include representation by such
officer or specified employee or by any partner or
associate of the professional firm of which he is a
member and of which he has actual knowledge. For
the purposes of this subsection, "representation be-
fore any agency" shall not include appearances be-
fore any court or judges or commissioners of
industrial claims or representations on behalf of
4~
one's agency in his official capacity. Such term alue~,
-not include the preparatio^ and filing of ('orm~ ark
applications merely for the purpose of obtainirtg c,-
transferring a license based on a quota or a frant:~,ra
of such agency or a license or operation permit 6e
engage in a profession, business, or occupatir;,n, i1?~
l~,ng as the issuance or granting of such licraw,
'[permit, or transfer does not require substunti~
rliSCr~tipn,] :, v;,riancF, a special consideration, crre
certificate of public convenience and necessitc
(5) The Secretary of State shall by certified
return receipt requested, send a copy of the fr,rrri
required to be filed by this part and by s. 111Ji18w
together with a notice of the filing deadlines, to ram
state oflicer and specified employee no later th:-n Ji?
days prior to the annual or semiannual disclasrr
deadlines. The agency head shall send said fort
and notice to each local officer no later than 30 da~~
prior to the annual or semiannual disclosure drs~
lines. However, the requirements of this subscd~F
shall not apply to candidates or to the first Ghr~
required of any state officer, specified employee. ~s.
local oflicer.
(6) A public oflicer who has filed a disclosutt~ r~
any calendar or fiscal year shall not be reyuirtd 4~t
file a second disclosure for the same year or am' ~h
thereof notwithstanding any requirement of this m,1
History. s. 5, ch. 74-177; ss. 2, 6, ch. 75-196.
'Note. Effective January 1, 1976. _
'Note.-Bracketed words inserted by the editors for clarity.
'"Noto.-Bracketed words inserted by the editors to correct apps r.-~ trpt
graphic omission_ See C.S. for H.B. 660 and H. Jour. 1184 U9i5t
'Note. Bracketed language substituted for the words "puhLciy •i.rat"-
"Note.-Bracketed word substituted for "a state or local oFficrr
112.3146 Public records.-The statements r+~
quired by ss. 112.313,112.3141, and 112.3145 shall to
public records within the meaning of s. 119,01
History.-s. 6, ch. 74177.
112.3147 Forrns.-All information reyuirtYl t~
be furnished by ss. 112.313, 112.3141, and 112;3;~5
shall be on forms prescribed by the Commission c:es
Ethics.
History.-s. 7, ch. 74-177.
112.316 Construction.-It is not the intent ~
this part, nor shall it be construed, to prevent a-~~
officer or employee of a state agency or count~•, cttlr,
or other political subdivision of the state or any It~'w
lator or legislative employee from accepting ut3xs
employment or following any pursuit which dtxa nt+t
interfere with the full and faithful discharge by *.xit
oflicer, employee, legislator, or legislative emplo)~
of his duties to the state or the county, city, or ot!xaa
political subdivision of the state involved.
History.-s. 6, ch. 67-469; s. 2, ch. 69335.
' 112.317 Penalties.-
(1) Violation of any provision ofthis part, inci:x~,
ing, but not limited to, any failure to file any dr4c3o
sures reyuired by this part or violation of and
standard ofconduct imposed by this part, in additxam
to any criminal penalty involved, shall, pursuant ty-
applicable constitutional and statutory prtxedur+tw;,
constitute.grounds for, and may be punished by; Ana
or more of the following:
(a) In the case of a public oflicer:
1. Impeachment.
18
i1,.tlf
nl tihntd
m~ ant4
Inln~;-fM
~,uichi~
•rrnit to
Lion, rtu
licc~n~,
ta1lllAl
un, or a
;i(.v.
•d nutil,
I I Ltr11,
to retch
than:?«l
,clq~urw
! lbrnx~
30 d;tti~
~, destd-
»rction
t filing
ryee, ur
sure lire
rived to
ny part
his act.
~~~~-n~ :,,~:.
nta rr-
~~hall t
Ol.
fired to
2.314,`i
lion on
gent of
nt an}•
y, city,
v legis•
other
les not
~y such
plover
- other
nclud•
disclo-
if any
ldilion
.ant to
d u res,
.y, one
~~. 1.12 I'C11;LIC OI+'lb1C'-!;1tS AlY[) EMP~GOYL;e>>; Gt.NF.RAL, NItOVISIUNS ('•h. 11L
~
-~ ~ Removal from of lice.
~ ~. Suspension ti-om office.
r
' ('i) In any case in wh~ the commission finds~~
probable cause to believe that a complainant has
.
~. Public censure and reprimand,
3. Forfeiture of no more than one-third salar committed perjury in regard to any document filed
ith
t
i
y
prr month for no more than 12 months.
i w
, or any
est
mony given before, the commission,
it shall refer such evidence. to the appropriate law
t
. A civil penalty not to exceed $5,000.
- 7. Restitution of ally pecuniary benefits
i
d enforcement agency for prosecution and taxation of
t
rece
ve
Jkcause of the violation committed.
'~ tbl In the case of an employee or a person desi
- cos
s.
(8) In any case in which the commission deter-
i
th
t
g
,? mrted as a public officer by this part who otherwise
` m
nes
a
a person has filed a complaint against a
public officer or employee with a malicious i
t
t t
'
: ~auld be deemed to be an employee:
~ 1. Dismissal from employment n
en
o
injure the reputation of such officer or employee and
i
.
{' 2. Suspension from. employment for not more n which such complaint is found to be frivolous and
without basis in law or fact
the com
lainant sh
ll b
titan 90 days without pay.
3
Demotion ,
p
a
e
liable for costs plus reasonable attorney's fees in-
.
.
4. Reduction in salary level.
g, curved by the person complained against. If the com-
plainant fails to pay such costs voluntarily within 30
S. Forfeiture of no more than one-third salary days following such finding and dismissal of the com-
e per month for no more than 12 months.
~ 6
A
i plaint by the commission, the commission shall for-
.
c
vil penalty not to exceed $5,000.
7. Restitution of any pecuniar
be
f
t
i ward such information to the Department of Legal
Aff
y
ne
i
s rece
ved
~rcause of the violation committed.
~ airs, which shall bring a civil action to recover
such costs
$.
Public censure and reprimand.
_ Ic) In the case of a candidate who violates the .
Histor
y.-s. 7, ch. 67-469; s. 1, ch. 70-144; s. 2, ch. 74.176; s. 8, ch. 74-177; s.
z, ; h. 7s-lss; 5. 7, ch. 75-208.
provisions of s 112 3145 dis ual'f t' f Note. As amended by s. 7, ch. 75-208, takes effect October 1, 1975.
~ q 1 lca ion rom being
~n the ballot:
s 12) Tn any case in which the commission finds a
violation of this part and recommends a civil penalty
xr restitution penalty, the Attorney General shall
!ring a civil action to recover such penalty. No de-
Tense may be raised iii the civil action to enforce the
~ Heil penalty or order of restitution that could have
~! been raised by judicial review of the administrative
endings and recommendations of the commission by
;~ trrtiorari to the District Court of Appeal.
T i3) The penalties prescribed in this part shall not
~ 6e construed to limit or to conflict with:
(al The power of either house of the Legislature
to discipline its own members or impeach a public
diicer.
rb) The power of agencies to discipline officers or
employees.
t4) Any violation of this part by a public officer
,~ ehall constitute malfeasance, misfeasance, or ne-
t z!ect of duty in office within the meaning of s. 7, Art.
jV of the State Constitution.
i5) By order of the Governor, upon recommenda-
tian of the commission, any elected municipal officer
rho violates any provision of this part may be sus-
pended from office and the office filled by appoint-
ment for the period of suspension. The suspended
~ dlicer may at any time before removal be reinstated
by the Governor. The Senate may, in proceedings
prescribed by law, remove from office, or reinstate,
ohe suspended official, and for such purpose the Sen-
x ate may be convened in special session by its presi-
dent or by a majority of its membership.
16) Any person who willfully discloses, or permits
to be disclosed, his intention to file a complaint, the
txistence or contents of a complaint which has been
filed with the commission, or any document, action,
or proceeding in connection with a confidential pre-
. liminary investigation of the commission, before
such complaint, document, action, or proceeding be-
romes apublic record as provided herein shall be
guilty of a misdemeanor of the first degree, punisha-
ble as provided in s. 775.082 or s. 775.083.
112.3175 Remedies; contracts voidable.-
Any contract which has been executed in violation of
this. part is voidable:
(1) By any party to the contract.
(2) In any circuit court, by any appropriate ac-
tion, by:
(a) The commission.
(b) The Attorney General.
(c) Any citizen materially affected by the con-
tract and residing in-the jurisdiction represented by
the officer or agency entering into such contract.
History.-s. 8, ch. 75-208.
'Note.-Effective October 1. 1975.
112.3191 Short title.-This act shall be known
and cited as "The John J. Savage Memorial Act of
1974."
History. s. 1, ch. 74-176.
112.320 Commission created; purpose.-
There is created a Commission on Ethics, the pur-
pose of which is to serve as guardian of the standards
of conduct for the officers and employees of the state,
and of a county, city, or other political subdivision of
the state, as defined in this part.
History.-s. 2, ch. 74-176.
112.321 Membership, terms, etc.-
(1) The commission shall be composed of nine
members. Four of these members shall be appointed
by the governor, no more than two of whom shall be
from the same political party, subject to confirma-
tion by the senate. One member appointed by the
Governor shall be a former city or county official.
Two members shall be appointed by the Speaker of
the House and two members shall be appointed by
the President of the Senate. Neither the Speaker of
the House nor President of the Senate shall appoint
more than one member from the same political par-
ty. No member may hold any public employment.
All members shall serve 2-year terms, except that
four of the initial members appointed by the gover-
norshall serve 1-year terms. All succeeding appoint-
449
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Uh. 112 ' .113LIC ~b'F1(;hlt5 A1~11) EM1'LUYl:Y;~; G ~,NL;ItAi, !'1tOV[~lf)N~ (."h. 11~
meats shall be for 2 years. Members of the commis- auce with any provision of this part or to r~tramp
sion shall receive no salary, but shall receive travel violations of this part, pursuant to s. 1(b), Art. !1' c1P„
and per diem as provided in s. 112.061. The members the State Constitution, and the Governor maa witttT
of the commission shall elect a chairman from their out further action initiate such judicial proceeding
number, who shall serve as chairman fora 1-year (5) The commission is authorized to call upon ep
term and may not succeed himself as chairman. No propriate agencies of'state government for such pro
member shall serve more than two full terms in sue- fessional assistance as may be needed in the
cession. Any member of the commission may be re- discharge of its duties. The Department of Legal AG
moved for cause by majority vote of the Governor, fairs shall, upon request, provide legal and investi~
the President of the Senate, the Speaker of the tive assistance to the commission.
House of Representatives, and the Chief Justice of (6) It shall be the further duty of the commi~sitw
the Supreme Court. to submit to the Legislature from time to time «
(2) The commission shall employ, and set the report of its work and recommendations for legirl~~
compensation of, an executive director, and he shall tion deemed necessary to improve the code of ethiq-
be provided with the necessary office space, assis- and its enforcement.
tants, and secretaries as required. History.-g. z, ch. 74.i7s; s. 4, ch. 75-is9.
History.-s. 2, ch. 74-176; s. 3, ch. 75-199.
112.322 Duties and powers of commission.-
(1) It is the duty of the Commission on Ethics to
receive and investigate sworn complaints of viola-
tion of the code of ethics as established in this part,
including investigation of all facts and parties mate-
rially related to the complaint at issue.
(2)(a) Every public officer, candidate for public
office, or public employee, when in doubt about the
applicability and interpretation of this part to him-
, self in a particular context, may submit in writing
the facts of the situation to the Commission on Eth-
i~s with a request for an advisory opinion to establish
the standard- of public duty. Any public ofI-icer or
employee who has the power to hire or terminate
employees may likewise seek an advisory opinion
j from the commission as to the application of the
provisions of this part to any such employee or appli-
cant for employment. An advisory opinion shall be
rendered by the commission, and all of said opinions
shall be numbered, dated, and published without
naming the person making the request, unless such
person consents to the use of his name.
(b) Said opinion, until amended or revoked, shall
be binding on the conduct of the officer, employee, or
candidate who sought the opinion or with reference
to whom the opinion was sought, unless material
facts were omitted or misstated in the request for the
i
advisory opinion.
(3) The commission has the power to subpoena,
audit, and investigate. The commission may subpoe-
na witnesses and compel their attendance and testi-
i mony, administer oaths and affirmations, take
evidence, and require by subpoena the production of
any books, papers, records, or other items relevant to
the performance of the commission's duties or exer-
cise of its powers. In the case of a refusal to obey a
subpoena issued to any person, the commission may
make application to any circuit court of this state
which shall have jurisdiction to order the witness to
appear before the commission and to produce evi-
dence, if so ordered, or to give testimony touching on
the matter in question. Failure to obey the order
-may be punished by the court as contempt. Witness-
esshall be paid mileage and witnesses fees as author-
ized for witnesses in civil cases.
(4) The commission may recommend that the
Governor initiate judicial proceedings in the name of
the state against any executive or administrative
state, county, or municipal officer to enforce compli-
' 112.323 Legislators; conduct.-The conducts(
members of the legislature and legislative em-
ployees shall be governed by the code of ethie~ as
provided in the respective rules of the senate and
house of representatives and, in addition, those pro
visions of this part which are applicable to members
of the legislature.
History.-s. 'l, ch. 74-176.
`Note.-Repealed 6y s. 1Q ch. 75-208, effective October 1, 1975.
1112.324 Procedures on complaints of viols
tions.-
(1) Upon a written complaint executed on a form
prescribed by the commission and signed under oath
or affirmation by any person, the commission shag
investigate any alleged violation of this. part in as
cordance with procedures set forth herein. Within 5
days after receipt of a complaint by the commission,
a copy shall be transmitted to the alleged violater.
All proceedings, the complaint, and other records
relating to the preliminary investigation as provided
herein, including a dismissal of the complaint, shall
be confidential either until the alleged violator rtr
quests in writing that such investigation and records
be made public records or the preliminary investiga-
tion is completed, notwithstanding any provision of
chapters 119, 120 or 286. In no event shall a com-
plaint under this part against a candidate in any
general, special, or primary election be filed or any
intention of filing such a complaint be disclosed on
the day of any such election or within the 5 days
immediately preceding the date of the election.
(2) A preliminary investigation shall first be um
dertaken by the commission to determine if the facts
alleged in the complaint constitute probable cause to
believe that a violation has occurred. If, upon com-
pletion of the preliminary investigation, the com-
mission finds no probable cause to believe that this
part has been violated, the commission shall dismiss
the complaint, and the complaint, unless prohibited
by subsection (3), shall become a matter of public
record, together with a written statement of the find-
ings ofthe preliminary investigation and a summary
of the facts which the commission shall send to the
complainant and the alleged violator. If the commis-
sion finds from the preliminary investigation proba-
ble cause to believe that this part has been violated,
it shall so notify the complainant and the alleged
violator in writing. Such notification and all docu-
ments made or received in the disposition of the com-
450
t l-~ Its
~... ,..,. ~ ~:.:. !f2 i~'U13L1G Ol+'P'1CL1tS ANI) 1~MI'l
~~...._„_.A .._ _,..__. _... _.
~ .l)~'h:E_~; (:N.N_hatAl. 1'Itt ViSION4
Lh. 11L
~
r ~ . tr~~r 3~t1t shall then become
~
art. 1V ad pu
records. Upon re-
rl~a submitted to the commission i
i
i liy certification of the Secretary of State. onl when
u+y ++'Jth•
"'+'eyi+?t~ ~ n wr
t
ng, any the commission recommends removal of said candi-
~ Gp'rban who the commission finds probable cause to date from the ballot for a violation of s. 112.3145
~,~cw•e has violated any provision of thi
ul~n ~;~
s part shall
~~rrntitled to a public hearing. Such person shall be .
(e) The city commission or city council, in any
such pry' premed to have waived the right to public hearin if case concerning a candidate for municipal office only
in tt'ais t~ rc~yuest is not received within 14 days followiglg "'hen the commission recommends removal of said
l,c~r;ai All ~ ,+,~ mailing of the probable cause notification re- candidate from the ballot for a violation of s.
nv<wt~~w~ ~ ts:rrcd by this subsection. However
the com
i
i 112.3145.
,
m
ss
on
na on its own motion require a public hearing and (f) The county commission, in any case concern-
,uni:">b;ua ~t,"trrconduct such further- investigation as it deems ing a candidate for county office only when the com-
n trmr a
r It't;is2~~ ~.YSSary.
~ ~ ;fir If, upon completion of its preliminary investi-
~ mission recommends removal of'said candidate from
the ballot for a violation of s. 112.3145.
of c[h ~
~-~:on of a complaint against an impeachable officer (5) In addition to reporting its findings to the
;r member of the Legislature, the commission finds
~alTicient evidence to establish probable cau
t
` Proper disciplinary body or official, the commission
shall report these findings to the St
t
Att
"
'rlClurt'u# se
o
:.~ ~S;>eve a violation of this part has occurred, it shall a
e
orney or
any other appropriate official or agency having au-
'' `'' '' ~+~niss the complaint. All evidence and material
d't.~lf be kept in strict confidentialit
b
th thority to initiate prosecution when violation of
criminal l
i
i
`'t Ilt`" ~°*
itc n~
~'` y
y
e commis-
gun after a complaint is dismissed. The information aw
s
ndicated.
(6) Notwithstandin the fore oin
g
g g procedure
f
~
~~t~+,;,f, p,;~ ~ ¢tr}' be disclosed only upon written request by an
' s o
this section, a sworn tom Taint against any member
P
aic•ntlx+>rv~ rwpropriate legislative committee. Upon finding suf=
:~ Se'aent evidence to e
t
bli
h or employee of the Commission on Ethics for viola-
s
a
s
probable cause to be-
Senr a violation by such officer h lion of this part shall be filed with the President of
,,, as occurred, the
'; !~-rnmission shall forward the complaint by certified the Senate and the Speaker of the House of Repre-
sentatives. Each presiding officer sh
ll
i
~(' vlvl~
taail to the President of the Senate or the Speaker of
`' ~+r House, whichever is applicable
wh
h
ll
f a
appo
nt three
members of their respective bodies to a special joint
,
o s
a
re
er
d5t complaint to the appropriate committee for in-
N+;i
ti
' committee who shall investigate the complaint. The
members shall elect a chairman fr
m
~n a+ fur"as
~dc•r rs.~teh
ga
'*
on and action which shall be governed by
roles of its respective house
Th o
among their
number. If the special joint committee finds insuffi-
ion >•hgli .
e complaint and
;~ ~'- records relating to the preliminary investigation dent evidence to establish probable cause to believe
a violation of thi
rt in iat~
Withirw *~
F rFrl1 become public records upon referral by the
Faker or President to the
i s part has occurred, it shall dismiss
the complaint. If, upon completion of its prelimina
uni~~5irxn,
.
appropr
ate committee.
~l~hall be the duty of the committee to report its
; ry
investigation, the committee finds sufficient evi-
violat.~r
°
; ~,>~l action upon the complaint to the co
i
i dente to establish probable cause to believe aviola-
rc•t~lr~rF mm
ss
on
~ ttthin 90 days of the date of transmittal to the re-
lion has occurred, the chairman thereof shall
{rrrn'id~S ~fctive house. If, for any reason, the committee to transmit such findings to the Governor who shall
nt, r:h:-il rr~ich the complaint is referred feels that it cannot convene a meeting of the Governor, the President of
~Ic+tor rw• ~rlbhould not investi ate the tom faint
g P
it ma re- the Senate, the Speaker of the House of Representa-
1 rt•cror~rr ,
y
ern the complaint to the commission which shall lives, and the Chief Justice of the Su r
p eme Court to
n•e•sti~!~-- ~ ~x:duct a full investigation and report its findings to take such final action on the complaint as they shall
vi~inn n! ~ committee for appropriate action. Upon request deem appropriate, consistent with the penalty provi-
I 1 co-m gtthe committee, the commission shall submit a rec- sions of this part. Upon request of a majority of the
in nn~r samendation as to what penalty, if any, should be Governor, the President of the Senate, the Speaker
cl or r-nlr ~++posed. of the House of Representatives
and the Chief J
lo~-d rDn
,~ th If, in cases pertaining to complaints other ,
us-
lice of the Supreme Court, the special joint commit-
e 5 dn~'g
lion ~;an complaints against impeachable officers or
~ tmembers of the Le
islat
o tee shall submit a recommendation as to what
l
.
st bc• un< g
ure, up
n completion ofa
~ III and final investigation by the commission
the
~ Pena
ty, if any, should be imposed.
xistury. a. 2, ch. 7a-17s; a. e, ch. 7s.iss.
f he feet,
cnutie td ,
~
`' 99R+m15510n f1ndS that there haS been a VlOlatlOn Of
_ his part, it shall be the duty of the co
i
i Note.-Section 7, eh. 75-199 provides: "All proceedings on complaints filed
with the commission prior to the effective date of this act shall be continued
to con
l
i
x~n com• mm
ss
on to
~ *rrort its findings and recommend appropriate ac- c
us
on pursuant to the provisions of chapter 74-176, Laws of Florida."
hc• c+rm"
t hnt thin lw astl to the proper disciplinary official or body as
,~ I:llows, and such official or body shall have the pow- 112.3241 Judicial review.-Any final action by
the commission taken pursuant to this
t
h
ll b
I disnu~.
#; ~ to invoke the penalty provisions of this part:
t par
s
a
e
subject to review in a District Court of Appeal upon
ohibit-.d ar The Governor, in any case concerning officers
~ the petition of the party against whom an
d
~f public
the find•
?~ +
ro can be removed or suspended by the Governor.
~ ib) The head of the agency
in an
c a
verse
opinion, finding, or recommendation is made. In any
c
i
hi
h
umm+~rg
d
th+- ,
y
ase concern-
tg a state officer or employee not covered in pars-
h ase
n w
c
the Governor, upon the recommenda-
lion of the commission
has the power to sus
end
i
to
comrnir.-
mp
(a).
~ icl The governing body or appointin
offici
l
f ,
p
an
officer or employee, the court may enter asupersede-
d
m prolu-•
i
L•
d g
a
o
~ ~+ officer or employee of a county, city, or other
d as or
er staying the power of the Governor to sus-
pend pending the dis
ositi
f th
v
o
tt-~
.
9
itical subdivision of the state not otherwise p
on o
e appellate
• allc~kwl cov-
i` ~ted in paragraph (a). proceeding. However, this section shall not be con-
all dtxu• strued to limit the Governor's power to suspend a
f !d) The Secretary of State
in any case concer
the cartt• ,
n-
~ ~ a candidate whose name is placed on the ballot municipal official indicted for crime.
xstory.-9. s, ch. 7s-lss.
~` 451
L
3 ._
$~
;~9
f ~ ...
~}
t
_'.
(~th. l12 -y I~1111L,l1~ Ol~'H'I~;I.LtS Ah1I) JLM1'L.OYF,1!;S; C~1~'N1S1tAL 1'LtUViS1O'NS i`h. Its
~
'112.326 Adi!1Eional requirements by politi- retired member is receiving, entitled to rect~rtrR,atf -
cal subdivisions not prohibited.-Nothing in this would be entitled to receive upon application ~<~ :~..
act shall prohibit, the governing body of any political Social Security Administration
without takinC ~~~
subdivision from imposing upon its own local officers ,
account any earned income which would cau{r ~ r-
additional or more. stringent disclosure require- duction in Such amount. For purposes of this net ;Svr
ments than those specified in this part.
- social security benefit of:
History.-s. 5, ch. 7fi-196-
~rtote.-t;etert;~e a.~n~a~y 1, rs7s. (a) A retired member who is not insured un6unp~
the Social Security Act shall be zero, and
PART IV (b) A deceased retired member who ~~•as ia~sr~
under the Social Security Act shall be the ~r~ir..ra~
SUPPLEMENTAL RETIREMENT ACT FOR insurance amount from which is derived the n;
r.:',;~
RETIRED MEMBERS OF STATE .
ly benefit amount which he was receiving or entrt~
RETIREMENT SYSTEMS to receive in the month immediately precc~tiir.;; i~
112.351 Short title date of death.
.
112.352 Definitions (6) `Retirement benefit" means the mon;~l)r
.
112.353 Purpose of• act. benefit which a retired member or joint annuitaua
112.354 Eligibility for supplement. receiving from a.system.
112.355 Supplement amount. (7) "Division" means the Division of Retirem~sq
112.356 Payment of supplement. of the Department of Administration.
112.357 Appropriation. (8) "Base year" means the year in which n ra
112.358 Administration of system. tired member actually retired from a system nr t~
112.359 Benefits exempt from taxes and execu- Year in which he attained age 65, if later.-
tloll. History. s_ 2, ch. 67-276; ss- 31, 35, ch. 69-106; s. 35, ch. 713".. s .~.
112.360 Amendments. 73azs.
112.361 Additional and updated supplemental re- 1.12.353 Purpose of act.-The purpose of ;~,~-
tirement benefits.
112.362 Recomputation of retirement benefits. act is to provide a supplement to the monthly rrt
-
112.351 Short title.-This act shall be known
and cited as the "Florida Supplemental Retirement
Act for Retired Members of State Retirement Sys-
tems."
History. s. 1, ch. 67-276.
112.352 Definitions.-The following words and
phrases as used in this act shall have the following
meaning unless a different meaning is required by
the context:
' (1) "Funds" shall mean the special trust funds in
the State Treasury created under each of the retire-
- ment laws covered by this act.
(2) "Retired member" shall mean any person
who had both attained age 65 and retired prior to
January 1, 1966, and is receiving benefits under any
of the following systems:
(a) State and County Officers and Employees Re-
tirement System, created by authority of chapter
122.
(b) Supreme Court Justices, District Court of Ap-
peal Judges and Circuit Judges Retirement System,
created by authority of chapter 123.
(c) Teachers' Retirement System of the state, cre-
ated by authority of chapter 238; or
(d) Highway Patrol Pension Trust Fund, created
by authority of chapter 321.
(3) "Joint amluitant" means any person named
by a retired member under the applicable system to
receive any retirement benefits due and payable
from the system after his death.
(4) "System" shall mean any of the retirement
systems specified in subsection (2).
(5) "Social security benefit" shall mean the
monthly primary insurance amount, computed in
accordance with the Social Security Act from which
is derived the monthly benefit amount, which the
ment benefits being paid to, or with respctit b.•, ~
tired members under the retirement s~•h;r
specified in s. 112.352(2) and any permanently e.:.#
totally disabled retired member who becami~ ~t>^:~
disabled in the line of duty and while pert ornurt~ ;.t,~
duties incident to his employment, such supplt•rn~t
to be approximately equal to the excess of the zS,
crease in social security benefits that the n•;arid
member would have received had he been co+c«r~
for maximum benefits under the Social Secunt~ ~4~
at age 65 or at date of retirement,, whichever is f :~a
over the amount of increase he has prcwiou.;c r~
ceived or is entitled to receive by virtue of cn~r::~~=-
under the Social Security Act.
History.-s. 3, ch. 67-276.
112.354 Eligibility for supplement.-1•:ach rr~
tired member or, if applicable, a joint annuit~errt~
except any person receiving survivor benefits vrs~-
the teachers' retirement system of the state in ar-
cordance with s. 238.07(16), shall be entitled to ra~
ceive a supplement computed in accordance µith -
112.355 upon:
(1) Furnishing to the Division of Retirement r~ti-
dence-from the Social Security Administration ~:~
ting forth the retired member's social scrur:;Y
benefit or certifying the noninsured status of !her
retired member under the Social Security Act, :~r.3
(2) Filing written application with the Di~tnt:~
of• Retirement for such supplement.
History.-s. 4, ch. 67-276; ss. 31, 35, ch. 69-106; s. 1, ch. 71326.
112.355 Supplement amount.-
(1) The supplement amount shall be calcul;r;~
in the following manner, based on the t•etircd rnc°:a
bee's social security benefit and the table of ~•nl~ew
below:
452
,..
s-
re
td
Ch. 95
L'IMl'1'
NS OF ACTIONS; AI)VE1~S11J
95.21 Adverse possession gainst.lands pur-
chased at sales made by executors.-The title of
any purchaser, or his assigns, who has held posses-
sion for 3 years of any real or personal property
purchased at a sale made by an executor, adminis-
trator, or guardian shall not be questioned because
of any irregularity in the conveyance or any insuffi-
ciency or irregularity in the court proceedings au-
thorizing the sale, whether jurisdictional or not,
'[nor shall it be questioned because the sale is made
without court approval or confirmation when made
under a will or codicil.] The title shall not be ques-
tioned at any time by anyone who has received the
money to which he was entitled from the sale. This
section shall not bar an action for fraud or an action
against the executor, admizlistrator, or guardian for
personal liability to any heir, distributee, or ward.
History.-s. 1, ch. 3134, 1879; ltS 1293; GS 1724; RGS 2938; CGL 4658; s. 1,
ch. 20954, 1941; s. 3, ch. 22897, 1945; s 15, ch- 79-382.
'Note. The bracketed language was substituted by the editors for the
follgwing: "... nor shall it be questioned hecause the sale is made without court
approval or confirmation or under a will or codicil."
95.22 Limitation upon claims by remaining
heirs, when deed made by one or more.-
(1) When any person owning real property or any
interest in it dies and a conveyance is made by one
or more of his heirs or devisees, purporting to con-
vey, either singly or in the aggregate, the entire in-
terest of the decedent in the property or any part of
it, then no person shall claim or recover the property
conveyed after 7 years from the date of recording the
conveyance in the county where the property is lo-
cated.
(2) This section shall not apply to persons whose
names appear of record as devisees under the will or
as the heirs in proceedings brought to determine
their identity in the office of the judge administering
the estate of decedent.
History.-s. 1, ch. 10168, 1925; CGL 4659; s. 14, ch. 20954, 1941; s. 16, ch.
73.334; s. 16, ch. 74-382.
95.231 Limitations where deed or will on
record.-
(1) Five years after the recording of a deed or the
probate of a will purporting to convey real property,
from which it appears that the person owning the
property attempted to convey or devise it, the deed
or will shall be held to authorize the conveyance or
devise of, or to convey or devise, the fee simple title
to the real property, or any interest in it, of the
person signing the instrument, as if there had been
no lack of seal or seals, witness or witnesses, defect
in acknowledgment or relinquishment of dower, in
the absence of fraud, adverse possession, or pending
litigation. The instrument shall be admissible in evi-
den~e.
(2) After 20 years from the recording of a deed or
the probate of a will purporting to convey real prop-
" arty, no person shall assert any claim to the property
against the claimants under the deed or will or their
successors in title.
(3) This law is cumulative to all laws on the sub-
" jest matter.
" Hletory.-ss. 1, 2, ch. 10171, 1925; CGL 4660, 4661; ss. 1-4, ch. 21790, 1943;
35, ch. 69-216; s. 17, ch. 74-382.
Nola. Former sa. 95.23, 95.26.
Ch. g5
()5.241 No notice o im against municipal-
ity required.-No notice of claim ofinjury shall be
required as a prerequisite to the maintenance of any
action against a municipality. All portions of munic-
ipal ordinances and chartet-sand statutes in conflict
with this section are repealed.
History. ss. 1, 2, ch. 61-503; s. 1, ch. 65.166; s. 22, ch. 7438'l.
95.281 Limitati-ons; instruments encumber-
ing real property.-
(1) The lien of a mortgage or other instrument
encumbering real property, herein called mortgage,
except those specified in subsection (5), shall termi-
nate after the expiration of the following periods of
time:
(a) If the final maturity of an obligation secured
by a mortgage is ascertainable from the record of it,
5 years after the date of maturity.
(b) If the final maturity of an obligation secured
by a mortgage is not ascertainable from the record
of it, 20 years after the date of the mortgage.
(c) For all obligations, including taxes, paid by
the mortgagee, 5 years '[from the date of payment].
A mortgagee shall have no right of subrogation to
the lien of the state for taxes paid by the mortgagee
to protect the security of his mortgage unless he
obtains an assignment from the state of the tax cer-
tificate. Redemption of the tax certificate shall be
insufficient for subrogation.
(2) If an extension agreement executed by the
mortgagee or his successors in interest and the mort-
gagor or his successors in interest is recorded, the
time shall be extended as follows:
(a) If the final maturity of the obligation, as ex-
tended, secured by the mortgage is ascertainable.
from the record of the extension agreement, 5 years
after the date of final maturity of the obligation as
extended.
(b) If the final maturity of the obligation, as ex-
tended, secured by the mortgage is not ascertainable
from the record of the extension agreement, 20 years
after the date of the extension agreement.
(3) If the record of the mortgage shows that it
secures an obligation payable in installments and
the maturity date of the final installment of the obli-
gation is ascertainable from the record of'the mort-
gage, the time shall run from the maturity date of
the final installment.
(4) The time shall be extended only as provided
in this law and shall not be extended by any other
agreement, nonresidence, disability, part payment,
operation of law, or any other method.
(5) This section shall not apply to mortgages or
deeds of trust executed by any railroad or other pub-
lic utility corporation or by any receiver or trustee
of them or to liens or notices of liens under chapter
713.
History.-ss. 1.7, ch. 22560, 1945; s: 1, ch. 29977, 1955; s. 18, ch. 74.382.
'Note.-Bracketed words added by the editors in the interest of clarity.
Note.-Former ss. 95.28-95.32.
95.35 Termination of contracts to purchase
real estate in which there is no maturity date.-
Whenever:
(1) Any person contracts by written agreement
to purchase real property before July 1, 1972, and
the final maturity of the obligation is not ascertaina-
325
'h. 166
by the
chary
posed
owes
vever,
it any
+vhich
ors or
rithin
ink a
:t the
ms of
a, the
mat-
ntive
it, or
royal
in s.
any
'r en-
~ulli-
tsive•
mice
m (41
y on
~tion
~, ~g MUNTCIPALI'T1.L+~~J C)h. 160
,fA11D thiB section notwithstandingnny charter pro-
+dyiprnx to the contrary. This section shall be supple-
: Ilr~stal to the provisions of all other laws relating to
~rahnendment of municipal charters and is not in-
c;': !'' taaded to diminish any substantive or procedural
~;` M'~1r vested in any municipality by present law. A
~rprwkipality may, by ordinance and without refer-
1~nen, redefine its boundaries to include only those
a; '_ 9lroodr previously annexed and shall file said redefini-
t~ra with the Department of State pursuant to the
~ariaians of subsection (2).
411 There shall be no restrictions by the munici-
~y on any employee's or employee group's politi-
IMI activity, while not working, in any referendum
sling employee rights.
~1 A municipality may, by unanimous vote of
~ `overning body, abolish municipal departments
txtll+lded for in the municipal charter and amend
lions or language out of the charter which has
~rwq judicially construed to be contrary to either the
~t+ of federal constitution.
~Iw~'..--~. 1, ch. 73.129.
y, by
v, by
elec-
ty a
end-
irter
such
ipal-
~d in
°s at
ipal-
ose.
har-
tors
the
the
hall
t of
sake
rsu-
186.032 Electors.-Any person who is a resident
atfa municipality, who has qualified as an elector of
ibklr irtnte, and who registers in the manner pre-
rtin'lx~d by general law and ordinance of the munici-
prlityshall be aqualified elector of the municipality.
)t~w~.--a 1, ch. 73-129.
188.041 Procedures for adoption of ordi-
and resolutions.-
all As used in this section, the following words
~d terms shall have the following meanings unless
t+iotne other meaning is plainly indicated:
1x1 "Ordinance" means an official legislative ac-
twa of agoverning body, which action is a regulation
da Reneral and permanent nature and enforceable
da- ~ loCnl law.
Ibl "Resolution" means an expression of a gov-
aminX body concerning matters of administration,
sx expression of a temporary character, or a provi-
rat- for the disposition of a particular item of the
administrative business of the governing body.
t21 Each ordinance or resolution shall be intro-
~crd in writing and shall embrace but one subject
send matters properly connected therewith. The sub-
}ret shall be clearly stated in the title. No ordinance
skull be revised or amended by reference to its title
and .Ordinances to revise or amend shall set out in
}9111 the revised or amended act or section or subsec-
tion or paragraph of a section or subsection.
t9Ma1 A proposed ordinance may be read by title,
et in (1111, on at least 2 separate days and shall, at
least 14 days prior to adoption, be noticed once in a
!yt-vrepaper of general circulation in the municipal-
ity. The notice of proposed enactient shall state the
dalte, time, and place of the meeting, the title or titles
dproposed ordinances, and the place or places with-
~ the municipality where such proposed ordinances
,a.y be inspected by the public. Said notice shall also
advise that i"nterested parties may appear at the
meeting and be heard with respect to the proposed
ordinance.
tbl The governing body of a municipality may, by
~ two-thirds vote, enact an emergency ordinance
•ilhout complying with the requirements of para-
graph (a) of this subsection.
(4) A majority of the members of the governing
body shall constitute a quorum. An affirmative vote
of a majority of a quorum present shall be necessary
to enact any ordinance or -adopt any resolution; ex-
cept that two-thirds of the membership of the board
is required to enact an emergency ordinance. On
final passage, the vote of each member of the govern-
ingbody voting shall be entered on the o(Iicial record
of the meeting. All ordinances or resolutions passed
by the governing body shall become efTecti've ten
days after passage or as otherwise provided therein.
(5) Every ordinance or resolution shall, upon its
final passage, be recorded in a book kept for that
purpose and shall be signed by the presiding officer
and the clerk of the governing body.
(6) The procedure asset forth herein shall consti-
tute auniform method for the adoption and enact-
ment of municipal ordinances and resolutions and
shall be taken as cumulative to other methods now
provided by law'For adoption and enactment of mu-
nicipal ordinances and resolutions. By future ordi-
nance or charter amendment, a municipality may
specify additional requirements for the adoption or
enactment of ordinances or resolutions or prescribe
procedures in greater detail than contained herein.
However, a municipality shall not have the power or
authority to lessen or reduce the requirements of
this section or other requirements as provided by
general ]aw.
History.-s. i, ch. 73-129.
166.042 Legislative intent.-
(1) It is the legislative intent that the repeal by
chapter 73-129, Laws of Florida, of chapters 167, 168,
169, 172, 174, 176, 178, 181, 183, and 184 of Florida
Statutes shall not be interpreted to limit or restrict
the powers of municipal officials, but shall be inter-
preted as a recognition of constitutional powers. It is,
further, the legislative intent to recognize residual
constitutional home rule powers in municipal gov-
ernment, and the Legislature finds that this can best
be accomplished by the removal of legislative direc-
tion from the statutes. It is, further, the legislative
intent that municipalities shall continue to exercise
all powers heretofore conferred on municipalities by
the chapters enumerated above, but shall hereafter
exercise those powers at their own discretion, sub-
ject only to the terms and conditions which they
choose to prescribe.
(2) Nothing contained in s. 5, chapter 73-129,
Laws of Florida, shall be interpreted to impair any
claim against a municipality or to affect the validity
of any bonds or obligations issued under authority of
any of the chapters enumerated in subsection (1).
History.-s. 5, ch. 73-129.
PART II
MUNICIPAL BORROWING
166.101 Definitions.
166.111 Authority to borrow.
166.121 Issuance of bonds.
166.122 Establishment of sinking funds.
166.131 Levy of taxes for payment of debt.
166.141 Full authority for issuance of bonds.
703
_______ _Ch_ 18f
ty appraiser] m
persona] proper
use of litigation
held invalid tht
h property with.
termination of
t personal prop
ass shall not be
ly time prior to
dividual or cor-
ntshall contin-
shall apply to
which ad valo-
ounty authori-
S 524; e. 22, ch. 559q
1, L, ch. 69-55; s. la
certificates;
ate holds any
inquent taxes
ears shall be
vent years in
~s if no taxes
could the tax.
by law, such
shall become
3 to the same
's are delin-
:omes vested
upon which
state, when
may be re-
lis law; pro-
;he state on
to time, and
'sburse] the
to any such
certificates
by this law,
ne manner
.the circuit
the sale of
ssioners in
.he several
as may be
faking up
i the lands
Inty, enter
nd extend
s. I, ch. 6158,
lo, ch, z2me.
'h. 73-332p a 6.
.975.
t an appereot
olls.-
pare the
ent roll.
roll shall include invent., taxable household
~MSrMM. and all other taxable tangible personal prop-
. ffN'~~Ls
1111 intangible tax assessment roll.
tZr The department shall promulgate regula-
utanaand forms for the preparation of the real prop-
,bA~' aaeeessment roll to reflect:
dsi A brief description of the property for pur-
;~~ ~ of location.
tl!{ The just value (using the factors set out in s.
~' X1111) of all property.
Ica When property is wholly or partially exempt,
- ~r,tad~orization of such exemption.
~_ udt When property is classified so that it is as-
/rttwnd other than under s. 193.011, the value accord-
io its classified use and its value as assessed
tnerlrr a. 193.011.
- ~1 The owner or fiduciary responsible for pay-
'~ ~Iar~nt of taxes on the property, his address, and an
rrtion of any fiduciary capacity (such as execu-
~~~ I~If, administrator, trustee, etc.) as appropriate.
The millagelevied on the property.
,~~ ~ .~ The tax, determined by multiplying the mil-
~eM by the assessed value for taxation.
:~ t]t The department shall promulgate regula-
,~t• and forms for the preparation of the tangible
~rgnal property roll to reflect:
iaa A code reference to the tax returns showing
f~+ property.
~', +~1 The just value (using the factors set out in s.
[~` ~iQQI l) of all such property, and, in the case of in-
~' vaptory, the percentage of the property, subject to
~~ iWtion.
hcl When property is wholly or partially exempt,
a IClt;ie~orization of such exemption.
~' 1t11 The owner or fiduciary responsible for pay-
tlmletti of taxes on the property, his address and an
~' Ir~dxtation of any fiduciary capacity (such as execu-
~, administrator, trustee, etcJ as appropriate.
tel The millages levied on the property.
4. t!? The tax, determined by multiplying the mil-
1Wx+a by the assessed value for taxation.
i11 The department shall promulgate regula-
~ and forms for the preparation of the intangible
p>rr~rwlal property roll to comply with chapter 199.
' tbt Each assessment roll shall be submitted to
~ bzecutive director for review in the manner and
prescribed by the department on or before the
1ir+~R 1Nonday in July. The roll submitted to the de-
patrtatent need not contain centrally assessed prop-
lMtiaa prior to approval under this subsection and
~IMattion (6). Such review by the.executive director
~' mall be made to determine if the rolls meet all the
appropriate requirements of this section relating to
Senn and just value. Upon approval of the rolls by
!~ executive director, the hearings required in s.
~hD02 may be held.
tai The executive director shall disapprove all or
Mart of eny assessment roll of any county not in full
~aenpliance with the administrative order of the ex-
htviivedirector issued pursuant to the notice called
lfir in a. 195.097, and shall otherwise disapprove all
wt any part of any roll not assessed in substantial
prppliance with law, as disclosed during the depart-
araal'a investigation, including, but not limited to,
aat[lita by the Department of Revenue and Auditor
it;N'1'~ Gh, lU3
General estabhshing~ncompliance.
(7) Approval or disapproval of all or any part of
a roll shall not be deemed to be final until the' proce-
dures called f'or in s, 195.098 [F. S. 1973] have been
exhausted if an appeal has been sought thereunder.
(8) The executive director or his duly designated
delegate shall be deemed to be an officer authorized
by law to make rules as provided for in part I, chap-
ter 120, and approval or disapproval of all or any
part of the roll or rolls of any county shall be deemed
to be a rule within the context of that part and chap-
ter.
(9) Chapter 120 shall not apply to this section.
History.-s. 17, ch. 70-243; ss. 10, 21, ch. 73-172; s. 2, ch. 74-234.
Note.-Consolidation of provisions of former ss. 193.041, 193.051, 193.061,
193.071, 193.113, 193.131, 193.251, 193.261, 193.361-193.381, 193.392.
~~
193.116 Municipal assessment rolls.-
(1) The county [property appraiser] shall prepare
an assessment roll for every municipality in his
county. The board of tax adjustment shall give notice
to the chief executive officer of each municipality
whenever an appeal has been taken with respect to
property located within that municipality. Repre-
sentatives of that municipality shall be given an op-
portunity to be heard at such hearing. The [property
appraiser] shall deliver each assessment roll to the
*[appropriate municipality] in the same manner as
assessment rolls are delivered to the county commis-
sions. The governing body of the municipality shall
have 30 days to certify all millages to the county
[property appraiser]. The county [property apprais-
er] shall extend the millage against the municipal
assessment roll. The [property appraiser] shall certi-
fy the municipal tax roll to the county tax collector
for collection in the same manner as the county tax
roll is certified for collection. The [property apprais-
er] shall deliver to each municipality a copy of the
municipal tax roll.
(2) The county tax collector shall collect-all ad.
valorem taxes for municipalities within his county.
He shall collect municipal taxes in the same manner
as county taxes. Each county tax collector shall in-
clude on the printed statement required under s.
197.072 a separate category for the municipality, if
any, in which the property is located. This category
shall state the rate of taxation for the municipality
and the amount of tax. The county tax collector shall
post a sufficient surety bond approved by the munici-
pality, conditioned to account duly and faithfully for
the municipal taxes.
History. s. 3, ch. 74-234.
*Note.-The bracketed words were substituted by the editors for the word
"municipalities."
193.122 Certificates of board of tax adjust-
ment and property appraiser.-
(1) The board of tax adjustment shall certify each
assessment roll after all hearings required by s.
194.032 have been held. These certificates shall be
attached to each roll as required by the Department
of Revenue. If the board of tax adjustment makes
any changes in the [property appraiser's] roll in
which the [property appraiser] does not concur, it
shall forward to the department its specific and de-
tailed findings of fact and conclusions of law for all
changes made by the board to substantiate that the
evidence presented was sufficient to overcome the
763
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r
k`
~t
S
i
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]
('h. 17~
of chap
ce to anx
the irew.
~r authot*
Tonal nnti
impro~-fy
~soluhon.
nuance of
ceptsuch
ication of
e or prtr
]s prov-d•
ceptsuch
h. 69J?8
ed under
egotiablr
Tot be in•
proceed~
shall be
hasera or
'mental.
•e.-Thin
ng to thr
~ provide
method
wns and
'r organ-
~nd shall
pose.
. 59-396.
Ch. 171 MUNICIPAL ANNEXA'l'LUN DlZ CUN'I'ItAC'i'IUN~_- ~_ Ch. 171
...._....------- w -
- ~ ~ CHAPTER 171 • "
MUNICIPAL ANNEXATION OR CONTRACTION
''~?• 171.011 Short title.
e;; 171.021 Purpose.
171.022 Preemption; effect on special laws.
171.031 Definitions.
~`` 171.0413 Annexation procedures.
171.042 Prerequisites to annexation.
171.043 Character of the area to be annexed.
171.044 Voluntary annexation.
171.045 Annexation limited to a single county.
171.051 Contraction procedures.
171.052 Criteria for contraction of municipal
~; boundaries.
171.061 Apportionment of debts and taxes in an-
nexations or contractions.
171.062 Effects of annexations or contractions.
171.071 Effect in Dade County.
171.081 Appeal on annexation or contraction.
` 171.091 Recording.
171.011 Short title.-This chapter shall be
known and may be cited as the "Municipal Annexa-
tion or Contraction Act."
History.-s. 1, ch. 74-190.
w
r
z
p;;
t
171.021 Purpose.-The purposes of this act are
to set forth procedures for adjusting the boundaries
of municipalities through annexations or contrac-
tions of corporate limits and to set forth criteria for
determining when annexations or contractions may
take place so as to:
(1) Insure sound urban development and accom-
modation to growth.
(2) Establish uniform legislative standards
throughout the state for the adjustment of munici-
pal boundaries.
(3) Insure the efficient provision of urban ser-
vices to areas that become urban in character.
(4) Insure that areas are not annexed unless mu-
nicipal services can be provided to those areas.
History.-s. 1, ch. 74-190.
171.022 Preemption; effect on special laws.-
(1) It is further the purpose of this act to provide
viable and usable general law standards and proce-
dures for adjusting the boundaries of municipalities
in this state.
(2) The provisions of any special actor municipal
charter relating to the adjusting of municipal bound-
aries in effect on October 1,1974, are repealed except
as otherwise provided herein.
History.-s. 1, ch. 74-190.
171.031 Definitions.-As used in this chapter,
the following words and terms shall have the follow-
ing meanings unless some other meaning is plainly
indicated:
(1) Annexation" means the adding of real prop-
erty to the boundaries of an incorporated municipal-
ity, such addition making such real property in
every way a part of the municipality.
(2) "Contraction" means the reversion of real
property within municipal boundaries to an unincor-
porated status.
(3) "Municipality" means a municipality created
pursuant to general or special law authorized or rec-
ognized pursuant to s. 2 or s. 6, Art. VIII of the State
Constitution.
(4) "Newspaper of general circulation" means a
newspaper printed in the language most commonly
spoken in the area within which it circulates, which
is readily available for purchase by all inhabitants in
its area of circulation, but does not include a newspa-
per intended primarily for members of a particular
professional or occupational group, a newspaper
whose primary function is to carry legal notices, or
a newspaper that is given away primarily to distrib-
ute advertising.
(5) "Parties affected" means any persons or
firms owning property in, or residing in, either a
municipality proposing annexation or contraction or
owning property that is proposed for annexation to
a municipality or any governmental unit with juris-
diction over such area.
(6) "Qualified voter" means any person regis-
tered to vote in accordance with law.
(7) "Sufficiency of petition" means the verifica-
tion of'the signatures and addresses of all signers of
a petition with the voting list maintained by the
county supervisor of elections and certification that
the number of valid signatures represents the re-
quired percentage of the total number of qualified
voters in the area affected by a proposed annexation.
(8) "Urban in character" means an area used in-
tensively for residential, urban recreational or con-
servation parklands, commercial, industrial,
institutional, or governmental purposes or an area
undergoing development for any of these purposes.
(9) "Urban services" means any services offered
by a municipality, either directly or by contract, to
any of its present residents.
(10) "Urban purposes" means that land is used
intensively for residential, commercial, industrial,
institutional, and governmental purposes, including
any parcels of land retained in their natural state or
kept free of development as dedicated greenbelt
areas.
(11) "Contiguous" means that a substantial part
of a boundary of the territory sought to be annexed
by a municipality is coterminous with a part of the
boundary of the municipality. The separation of the
territory sought to be annexed from the annexing
municipality by aright-of--way for a highway, road,
railroad, canal, or• utility or by a body of water, a
watercourse, or other minor geographical division of
a similar nature, running parallel with and between
the territory sought to be annexed and the annexing
municipality, shall not prevent annexation under
this act, provided the presence of such a division does
not, .as a practical matter, prevent the territory
sought to be annexed and the annexing municipality
from becoming a unified whole with respect to mu-
nicipal services or prevent their inhabitants from
fully associating and trading with each other, social-
ly and economically. However, nothing herein shall
be construed to allow local rights-of--way, utility
711
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,~
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Ch. 171 ~ MUNICIPAL ANNh~XA'1'lUN UIt CUN"" ~C`1'lON Ch. 171
- ~- --
easements, railroad rights-of=way, or like entities to
be annexed in a corridor fashion to gain continuity,
and when any provision or provisions of special law
or laws prohibit the annexation of territory that is
separated from the annexing municipality by a body
of water or watercourse, then that law shall prevent
annexation under this act.
(12) "Compactness" means concentration of a
piece of property in a single area and precludes any
action which would create enclaves, pockets, or fin-
ger areas in serpentine patterns. Any annexation
proceeding in any county in the state shall be de-
signed in such a manner as to ensure that the area
shall be reasonably compact.
History.-s. 1, ch. 74-190; s. 1, ch. 75-297.
171.0413 Annexation procedures.-Any mu-
nicipality may annex contiguous, unincorporated
territory in the following manner:
(1) An ordinance proposing to annex contiguous,
unincorporated territory shall be adopted by the gov-
erning body of the annexing municipality pursuant
to the procedure for the adoption of a nonemergency
ordinance established by s. 166.041. However, prior
to the ordinance of annexation becoming effective, a
referendum on annexation shall be held as set out
below, and, if approved by the referendum, the ordi-
nance shall become effective 10 days after the refer-
endum or as otherwise provided in the ordinance,
but not more than 1 year following the date of the
referendum.
(2) Following the final adoption of the ordinance
of annexation by the governing body of the annexing
municipality, the ordinance shall be submitted to a
separate vote of the registered electors of the. annex-
ing municipality and of the area proposed to be an-
nexed. The referendum on annexation shall be
called and conducted and the expense thereof paid
by the governing body of the annexing municipality.
(a) The referendum on annexation shall be held
at the next regularly scheduled election following
the final adoption of the ordinance of annexation by
the governing body of the annexing municipality or
at a special election called for the purpose of holding
the referendum. However, the referendum, whether
held at a regularly scheduled election or at a special
election, shall not be held sooner than 30 days f'ollow-
ingthe final adoption of the ordinance by the govern-
ing body of the annexing municipality.
(b) The governing body of the annexing munici-
pality shall publish notice of the referendum on an-
nexation at least once a week for the 4 consecutive
weeks immediately preceding the date of the refer-
endum in a newspaper of general circulation in the
area in which the referendum is to be held. The
notice shall give the time and places for the referen-
dum and a description of the area proposed to be
annexed. The description shall be by metes and
bounds and shall include a map clearly showing such
area.
(c) On the day of the referendum on annexation
there shall be prominently displayed at each polling
place a copy of the ordinance of annexation and a
description of'the property proposed to be annexed.
The description shall be by metes and bounds and
shall include a map clearly showing such area.
(d) Ballots or mechanical voting devices used in
the referendum on annexation shall offer the choice
"For annexation of property described in ordinanrn
number ..... of the City of ....." and "Against annexo•
lion of property described in ordinance number .....
of the City of ..'." in Chat order.
(e) If there is a separate majority vote for annex-
ation in the annexing municipality and in the area
proposed to be annexed, the ordinance of annexation
shall become effective on the effective date specified
therein. If there is a majority vote against annexa-
tion in either the annexing municipality or in the
area proposed to be annexed, or in both, the ordi-
nance shall not become effective, and the area pro-
posed to be annexed shall not be the subject of an
am~exation ordinance by the annexing municipality
for a period of• 2 years from the date of the referen-
dum on annexation.
(3) Any improved parcel of land which is owned
by one individual, corporation, or legal entity, or
owned collectively by one or more individuals, corpo-.
rations, or legal entities, proposed to be annexed un-
der the provisions of this act shall not be severed,
separated, divided, or partitioned by the provisions
of said ordinance, but shall, if intended to be annex-
ed, or if annexed, under the provisions of this act, be
annexed in its entirety and as a whole. However,
nothing herein contained shall be construed as of
fecting the validity or enforceability of any ordi-
nance declaring an intention to annex land under
the existing law that has been enacted by a munici•
pality prior to July 1, 1975. The owner of property
'[being annexed by an ordinance enacted subsequent
to July 1, 1975] may waive the requirements of this
section if such owner does not desire all of his tract
or parcel included in said annexation.
(4) Except as otherwise provided in this law, the
annexation procedure as set forth in this section
shall constitute a uniform method for the adoption
of an ordinance of annexation by the governing body
of any municipality in this state, and all existinK
provisions of special laws which establish municipal
annexation procedures are repealed hereby; except
that any provision or provisions of .special law or
laws which prohibit annexation of territory that is
separated from the annexing municipality by a body
of water or watercourse shall not be repealed. •
History.-s. 2, ch- 75-297.
'Note.--Bracketed words inserted by the editors.
171.042 Prerequisites to annexation.-
(1) Prior to commencing the annexation proce-
dures under s. 171.0413, the governing body of the
municipality shall prepare a report setting forth the
plans to provide urban services to any area to be
annexed, and the report shall include the following:
(a) A map or maps of the municipality and adja-
cent territory showing the present and proposed mu•
nicipal boundaries, the present major trunk water
mains and sewer interceptors and outfalls, the pro-
posed extensions of such mains and outfalls, as re•
quired in paragraph lc), and the general land use
pattern in the area to be annexed.
(b) A statement certifying that the area to be
annexed meets the criteria in s. 171.043.
(c) A statement setting forth the plans of the mu•
nicipality for extending to the area to be annexed
each major municipal service performed within the
712
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~' x.171 MUNICIP^ T, ANNh.XATIUN Ult (:UNTI(ACTION (:h. 171
't`x- ~riicipality at thq time of annexation. Specifically, to the municipal boundary or cannot be served by
°tw "' elydi plans shall:
• the municipality without extending services or wa-
fal~ 'u~` 1, Provide for extending urban services except as ter or sewer lines through such sparsely developed
-•• "'' atlferwise provided herein to the area to be annexed
, area; or
"~` Y ~ ~ the date of annexation on substantially the same
w~
wig and in the same manne
h
i (b) Is adjacent, on at least 60 percent, of its exter-
,
r as suc
ces are
serv nal boundary, to any combination of the municipal
"'a '~: provided within the rest of the municipality prior to boundary and the boundary of an area or areas de-
`~-
'~ ,r; annexation.
3, Provide for the extension of existing munici-
~ '~ veloped for urban purposes as defined in subsection
`~' ,~,
~, Tal water and sewer services into the area to be (2)
"ae-
!-• !t n >•oexed so that, when such services are provided, The purpose of this subsection is to permit municipal
~~,: property owners in the area to be annexed will be
governing bodies to extend corporate limits to in-
'*'- --, ~!e to secure public water and sewer service accord-
^ elude all nearby areas developed for urban purposes
t~
tp• r"~ 7~ to the policies in effect in such municipality for
---
d and, where necessary, to include areas which at the
n ' aten
ing water and sewer lines to individual lots or
~' laibdivisions
~ time of annexation are not yet developed for urban
.
,t
'~~. 9. If extension of major trunk water mains and Purposes whose future probable use is urban and
'4
` IF;;, aeRer mains into the area to be annexed is neces-
~` which constitute necessary land connections be-
tween the municipality and areas developed for ur-
f
'~ , nary, set forth a proposed timetable for construction
'
~- dsuch mains as soon as possible following the effec- ban purposes or between two or more areas
~- gite date of annexation. developed for urban purposes.
(. 1: Set forth the method under which the munici- H;etory.-s. 1, ch. 7a-]so.
i~
r• plity plans to finance extension of services into the
area to be annexed.
~ 171.044 Voluntary annexation.-
'~ 4
f2) The Department of Community Affairs shall (1) The owner or owners of real property in an
r. lend its technical assistance to any such municipal- unincorporated area of a county which is contiguous
t~ ~~' dy in preparing for annexation or deannexation,
^ to a municipality may petition the governing body of
a• '
~,, Miwry.-s. 1, ch. 74.190; g. s, ch. 75-zs7. said municipality that said property be annexed to
""~~~ 171.043 Character of the area to be annexed.
--A municipal governing body may propose to annex
~ area only if it meets the general standards of
?~ Iubsection (1) and the requirements of either subsec-
~`'; Imn l2) or subsection (3).
11) The total area to be annexed must be contigu-
' Sxts to the municipality's boundaries at the time the
'~ $~ utnexation proceeding is begun, and no part of the
;:; area shall be included within the boundary of anoth-
fr incorporated municipality.
121 Part or all of the area to be annexed must be
developed for urban purposes. An area developed for
.,'. urban purposes is defined as any area which meets
~;` any one of the following standards:
ia) It has a total resident population equal to at
least two persons for each acre of land included with-
- ° 'Y'` ~ its boundaries;
~~'~:~' Ibl It has a total resident population equal to at
"~ s~# least one person for each acre of land included with-
m its boundaries and is subdivided into lots and
" ~ tracts so that at least 60 percent of the total number
d' lots and tracts are 1 acre or less in size; or
~~' '` fcl It is so developed that at least 60 percent of
the total number of lots and tracts in the area at the
Lime of annexation are used for urban purposes, and
d is subdivided into lots and tracts so that at least 60
percent of the total acreage, not counting the acre-
- ~,'', age used at the time of annexation for nonresidential
urban purposes, consists of lots and tracts 5 acres or
leas in size.
°~ (31 In addition to the area developed for urban
'~` rposes, a municipal governing body may include
,'. u~i the area to be annexed any area which does not
,~;_.,
~:~f meet the requirements of subsection (2) if such area
~•.-r,' tither:
*.~ la) Lies between the municipal boundary and an
~„ area developed for urban purposes, so that the area
developed for urban purposes is either not adjacent
the municipality.
(2) Upon determination by the governing body of
the municipality that the petition bears the signa-
tures of all owners of property in the area proposed
to be annexed, the governing body may, at any regu-
lar meeting, adopt a nonemergency ordinance to an-
nex said property and redefine the boundary lines of
the municipality to include said property. Said ordi-
nance shall be passed after same has been published
once a week for 4 consecutive weeks in some newspa-
per in such city or town or, if no newspaper is pub-
lished in said city or town, then in a newspaper
published in the same county; and if na newspaper
is published in said county, then at least three print-
ed copies of said ordinance shall be posted for 4 con-
secutive weeks at some conspicuous place in said city
or town.
(3) An ordinance adopted hereunder shall be
filed with the Clerk of the Circuit Court of the county
in which the municipality is located and with the
Department of State.
(4) The method of annexation provided by this
section shall be supplemental to any other procedure
provided by general or special law, except that this
section shall not apply to municipalities in counties
with charters which provide for an exclusive method
of municipal annexation.
(5) Land shall not be annexed through voluntary
annexation when such annexation results in the cre-
ation of enclaves.
History.-s. 1, ch. 74.190; es. 4, 5, ch. 75-297.
171.045 Annexation limited to a single coun-
ty.-In order for an annexation proceeding to be val-
id for the purposes of this chapter, the annexation
must take place within the boundaries of a single
county.
History.-e. 2, ch. 74-190.
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Ch. 171 ~ MUNICIPAL ANNEXATION O~ONTRACTION
171.051 Contraction procedures.-Any mu-
nicipality may initiate the contraction of municipal
boundaries in the following manner:
(1) The governing body shall by ordinance pro-
pose the contraction of municipal boundaries, as de-
scribed in the ordinance, and provide an effective
date for the contraction.
(2) A petition of 15 percent of the qualified voters
in an area desiring to be excluded from the munici-
pal boundaries, filed with the clerk of the municipal
governing body, may propose such an ordinance. The
municipality to which such petition is directed shall
immediately undertake a study of the feasibility of
such proposal and shall, within 6 months, either ini-
tiate proceedings under subsection (1) or reject the
petition, specifically stating the facts upon which the
rejection is based.
(3) After introduction, the contraction ordinance
shall be noticed at least once per week for 4 succes-
sive weeks in a newspaper of general circulation in
the municipality, such notice to describe the area to
be excluded. Such description shall include a state-
ment of findings to show that the area to be excluded
fails to meet the criteria of s. 171.043, set the time
and place of the meeting at which the ordinance will
be considered, and advise that all parties affected
may be heard.
(4) If, at the meeting held for such purpose, a
petition is filed and signed by at least 15 percent of
the qualified voters resident in the area proposed for
contraction requesting a referendum on the ques-
tion, the governing body shall, upon verification,
paid for by the municipality, of the sufficiency of the
petition, and before passing such ordinance, submit
the question of contraction to a vote of the qualified
voters of the area proposed for contraction, or the
governing body may vote not to contract the munici-
pal boundaries.
(5) The governing body may also call fora refer-
endum on the question of contraction on its own
volition and in the absence of a petition requesting
a referendum.
(6) The referendum, if required, shall be held at
the next regularly scheduled election, or, if approved
by a majority of the municipal governing body, at a
special election held prior to such election, but no
sooner than 30 days after verification of the petition
or passage of the resolution or ordinance calling for
the referendum.
(7) The municipal governing body shall establish
the date of election and publish notice of the referen-
dumelection at least once a week for the 4 successive
weeks immediately prior to the election in a newspa-
per of general circulation in the area proposed to be
excluded or in the municipality. Such notice shall
give the time and places for the election and a de-
scription of the area to be excluded, which shall be
both in metes and bounds and in the form 'of a map
clearly showing the area proposed to be excluded.
(8) Ballots or mechanical voting devices shall of-
fer the choices "For deannexation" and "Against
deannexation," in that order.
(9) A majority vote "For deannexation" shall
cause the area proposed for exclusion to be so exclud-
ed upon the effective date set in the contraction ordi-
nance.
Ch. 1.71
(10) A majority vote "Against deannexation"
shall prevent any part of the area proposed for eaclu-
sion from being the subject of a contraction ordi-
nance for a period of 2 years from the date of the
referendum election.
History.-s. 1, ch. 74-190.
171.052 Criteria for contraction of municipal
boundaries.-
(1) Only those areas which do not meet the critt»
ria for annexation in s. 171.043 may be proposed for
exclusion by municipal governing bodies. If the area
proposed to be excluded does not meet the criteria of
s. 171.043, but such exclusion would result in a por•
tion of the municipality becoming noncontiguous
with the rest of the municipality, then such excllr
sion shall not be allowed.
(2) The ordinance shall make provision for ap•
portionment of any prior existing debt and property.
History.-s. 1, ch. 74-190.
171.061 Apportionment of debts and taxes in
annexations or contractions.-
(1) The area annexed to a municipality shall be
subject to the taxes and debts of the municipality
upon the effective date of the annexation. However,
the annexed area shall not be subject to municipal
ad valorem taxation for the current year if the effec-
tive date of the annexation falls after the municipal
governing body levies such tax.
(2) The municipal governing body, in the event of
exclusion of territory, shall read] agreement with
the county governing body to determine what por•
tion, if any, of the existing indebtedness or property
of the municipality shall be assumed by the county
of which the excluded territory will become a part,
the fair value of such indebtedness or property, and
the ]nanner of transfer and financing.
History.-s. 1, ch. 74-190.
171.062 Effects of annexations or contrac-
tions.-
(1) An area annexed to a municipality shall be
subject to all laws, ordinances, and regulations in
force in that municipality and shall be entitled to the
same privileges and benefits as other parts of that
municipality upon the effective date of the annexa-
tion.
(2) If the area annexed was subject to a county
land-use plan and county zoning or subdivision regu-
lations, said regulations shall remain in full force
and effect until otherwise provided by law. However,
a municipal governing body shall not be authorized
to increase, and is expressly prohibited from increas-
ing, or decrease the density allowed under such
county plan and regulations for a period of 2 years
from the effective date of the annexation unless ap-
proval of such increase is granted by the governing
body of the county.
(3) An area excluded from a municipality shall
no longer be subject to any laws, ordinances, or regu-
lations in force in the municipality from which it
was excluded and shall no longer be entitled to the
privileges and benefits accruing to the area within
the municipal boundaries upon the effective date of
714
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Ch. 171 MUNICIPAL ANNI«:XA'1'IUN Ult. CUNTRAI;TIUN Ch. 171
the exclusion. It shall be subject t'v all laws, ordi- In this chapter for annexati a or contraction or to
• nances, and regulations in force in that county. meet the requirements established for annexation or
Hlatory.-e. 1, ch. 74-190.
contraction as they apply to his property may file a
171.071 Effect in Dade County.-Municipal- Petition in the circuit court for the county in which
A ' ities within the boundaries of llade County -shall the municipality or municipalities are located seek-
adopt annexation or contraction ordinances pursu- ing review by certiorari pursuant to s. 120.31. In any
ant to methods established by the home rule charter action instituted pursuant to this section, the com-
established pursuant to s. 6(e), Art. VIII of the State plainant, should he prevail, shall be entitled to rea-
Constitution. sonable costs and attorney's fees.
Hlatory.-s: 1, ch. 74-190.
Hietory.~. 1, ch. 74-190.
171.OS1 Appeal on annexation or contrac- 171.091 Recording.-Any change in the munic-
lion.-
(1) No later than 30 days following the passage of
ipal boundaries through annexation or contraction
an annexation or contraction ordinance, any party shall revise the charter boundary article and shall
alrected who believes that he will suffer material be filed as a revision of the charter with the Depart-
injury by reason of the failure of the municipal gov- ment of State within 3U days.
erning body to comply with the procedures set forth filatory.-a. i, ~h. 74-i9o.
~`
t
i
.,:
715
n rrr. r v
or a term of four
Tuesday after the
~e succeeding year.
in party primaries,
offices of governor
1 form joint candi-
ed by law so that
e vote fora candi-
didate for lieliten-
r.
~vernor•, lieutenant
iember must be an
ars of age ~vho has
preceding seven
must have been a
for the preceding
~, or but for resig-
governor or acting
years in two con-
d governor for the
departments.-All
anch of state gov-
>ng not more than
issue of those spe-
~rized in this con-
e of each depart-
led in this consti-
~ under the direct
he lieutenant gov-
et, acabinet mem-
-ippointed by and
governor, except:
~, confirmation by
three members of
or appointment to
'd statutory office.
grant and revoke
ated occupations
•iate departments
I for fixed terms,
i se.
filling ofTice dur-
sting the grounds
' state, the gover-
iy state officer not
officer of the mik-
e of the United
for malfeasance,
drunkenness, in-
ty to perform his
of a felony, and
ant for the period
officer may at any
.tad by the gover-
proceedings pre-
lffice or reinstate
such purpose the
;sal session by its
is membership.
rnor any elected
rime ma~~ be lus-
ted and the office
period of suspen-
!he term, unless
ArtT. V CONSTI'r[1'l'[CJN_()I+'_THIE; STATE_OF_I''LUIiIUA An`I". V
these powel~re vested elsewhere by law or
the municipal charter.
SECTION 8. Clemency.-
(a) Except in cases of treason and in cases
where impeachment results in conviction, the
governor may, by executive order filed with the
secretary of state, suspend collection of fines
and forfeitures, grant reprieves not exceeding
sixty days and, with the approval of three mem-
bers of the cabinet, grant full or conditional
pardons, restore civil rights, commute punish-
ment, and remit fines -and forfeitures for
offenses.
(b) In cases of treason the governor may
grant reprieves until adjournment of the regu-
lar session of the legislature convening next
after the conviction, at which session the legis-
lature may grant a pardon or further reprieve;
otherwise the sentence shall be executed.
(c) There may 'be created by law a parole
and probation commission with power to super-
vise persons on probation and to grant paroles
or conditional releases to persons under sen-
tences for crime. The qualifications, method of
selects n and terms, not to exceed-six years, of
members of the commission shall be prescribed
by law.
SECTION 9. Game and fresh water fish
commission.-There shall be a game and fresh
water fish commission, composed of five members
appointed by the governor subject to confirmation by
the senate for staggered terms of five years. The
commission shall exercise the regulatory and execu-
tive powers of the state with respect to wild animal
life and fresh water aquatic life, except that all
license fees for taking wild animal life and fresh
water aquatic life and penalties for violating regula-
tions ofthe commission shall be prescribed by specific
statute. The legislature may enact laws in aid of the
commission, not inconsistent with this section. The
commission's exercise of executive powers in the area
of planning, budgeting, personnel management, and
purchasing shall be as provided by law. Revenue
derived from such license fees shall be appropriated
to the commission by the legislature for the purpose
of management, protection and conservation of wild
animal life and fresh water aquatic life.
History.-Am. Com. Sub. Cor H.J.R. 637, 1973; adopted 1974.
ARTICLE V
JUDICIARY
Sec.
1. Courts.
2. Administration; practice and proce-
d ure.
3. Supreme court.
4. District courts of appeal.
5. Circuit courts.
6. County courts.
7. Specialized divisions.
8. Eligibility.
9. Determination of number of judges.
10. Election and terms.
Sec.
11. Vacancies.
12. Discipline; removal and retirement.
13. Prohibited activities.
14. Judicial salaries.
15. Attorneys; admission and discipline.
16. Clerks of the circuit courts.
17. State attorneys.
18. Public defenders.
19. Judicial officers as conservators of the
peace.
20. Schedule.
SECTION 1. Courts.-The judicial power
shall be vested in a supreme court, district courts
of appeal, circuit courts and county courts. No
other courts may be established by the state, any
political subdivision or any municipality. The
legislature shall, by general law, divide the state
into appellate court districts and judicial cir-
cuits following county lines. Commissions estab-
lished by law, or administrative officers or bodres
may be granted quasi-judicial power in matters
connected with the functions of their offices.
History.-S.J.R. 52-D, 1971; adopted 1972.
SECTION 2. Administration; practice
and procedure.-
(a) The supreme court shall adopt rules for
the practice and procedure in all courts including
the time for seeking appellate review, the admin-
istrative supervision of all courts, the transfer to
the court having jurisdiction of any proceeding
when the jurisdiction of another court has been
improvidently invoked, and a requirement that
no cause shall be dismissed because an improper
remedy has been sought. These rules may be re-
pealed by general law enacted by two-thirds vote
of the. membership of each house of the legisla-
ture.
(b) The chief justice of the supreme court
shall be chosen by a majority of the members of
the court. He shall be the chief administrative
officer of the judicial system. He shall have the
power to assign justices or judges, including
consenting retired justices or judges, to tempo-
raryduty in any court for which the judge is qual-
ified and to delegate to a chief judge of a judicial
circuit the power to assign judges for duty in his
respective circuit.
(c) A chief judge for each district court of
appeal shall be chosen by a majority of the
*.:
~. i
~`
(;h. 1011-.~=,~~ G~:N1~atAL„ hitltV9AllX, AND 51'N.UTAI~ h~lha~TIUNS tJh. 100
Note.-Former s. 10317. ~ ~~~~~~ cf -Ch. 7o Bond von _,__ ~~ ~ ~~~~~~`~ - -
100.301 Refunding bonds excluded.-Sections
100.201-100.221, 100.241-100.351 shall not apply to
refunding bonds and wherever the word "bond" or
"bonds" is used in these sections i"t shall be construed
to exclude refunding bonds; but if the statute, ordi-
nance, or resolution under which 1efunding bonds
are authorized or are to be issued requires an elec-
tion to determine whether such refunding bonds
shall be issued, the election may be held as provided
by ss. 100.201-100.221, 100.241-100.351.
History.-s_ 21„ ch. 14715, 1931; CGL 1936 Supp. 457(191; s. 4, ch. '1687Q
1951.
Note.-Former s. 103.20.
100.311 Local law governs bond election held
by cities or towns.-No section of this code control-
ling or regulating bond elections is deemed to repeal
or modify any provision contained in any local law
relating to bond elections held by cities or towns, but
ss. 100.201-100.221, 100.241-100.351 are deemed ad-
ditional and supplementary to such local laws.
History.-s. 21, ch. 19 715, 1931; CGL 1936 Supp. 457(18); s. 4, ch. 26870,
Issl.
Note.-Former s. 103.19.
100.321 Test suit.-Any taxpayer of the county,
district or municipality wherein bonds are declared
to have been authorized, shall have the right to test
the legality of the election and of the declaration of
the result thereof, by a bill in equity in the circuit
court of the county wherein the election was held.
The bill shall be filed against the county commis-
sioners in the case of a county or district election, or
against the governing authority of the municipality
in the case of a municipal election. In case any such
election or the declaration of results thereof shall be
adjudged to be illegal and void in any such suit, the
judgrnellt or decree shall have the effect of nullifying
the election in toto. No suit shall be brought to test
the validity of any bond election unless the suit shall
be instituted within 60 days after the declaration of
the results of any bond election. In the event pro-
ceedings shall. be filed in any court to validate the
bonds, which have been voted for, then any such
taxpayer shall be bound to intervene in such valida-
tion suit and contest the validity of the holding of the
election or the declaration of the results thereof, in
which event the exclusive jurisdiction to determine
the legality of such election or the declaration of the
results thereof shall be vested in the court hearing
and determining said validation proceedings. If said
bonds in the validation proceedings shall be held
valid on final hearing or an intervention by the tax-
payer shall be interposed and held not to have been
sustained, then the judgment and decree in said vali-
dation proceedings shall be final and conclusive'as to
the legality and validity of the election and of the
declaration of the results thereof, and no separate
suit at law or in equity to test the same shall be
thereafter permissible.
History.-s. 18, ch. 19715, 1931; CGL 1936 Supp. 457(16); s. 4, ch. 26870,
1951.
Note.-Former s. 103.18.
100.331 Bond issue defeated not to be re-
called for period of 6 months.-If any bond elec-
tion is called and held for approving the issuance of
bonds for a paYticular purpose and such election
shall not result in the approval of the bonds as pro-
vided in s. 100.281, then no other election for the
approval of bonds for the same purpose shall be
called for at least 6 months.
History.-s. 13, ch. 14715, 1931; CGL 1936 Supp. 457 (13); s. 4, ch. 2687Q
Issl.
Note.-former s- 103.13. -
100.341 Bond election ballot.-The ballots
used in bond elections are on plain white paper with
printed description of the issuance of bonds to be
voted on as prescribed by the authority calling the
election. A separate statement of each issue of bonds
to be approved, giving the amount of the bonds and
interest rate thereon, together with other details
necessary to inform the electors, shall be printed on
the ballots in connection with the question "For
Bonds" and "Against Bonds." Direction to an elector
to express his choice by making an "X" mark in the
space" to the right or left of the question shall be
printed on the ballot.
History.-s. 11, ch. 14715, 1991; CGL 1936 Supp. 457(11); s. 4, ch_ 26870,
1951.
Note.-Former s. 103.11.
354
100.342 Elections; notice of special referen-
dum elections.-In all special or referendum elec-
tions not otherwise provided for there shall be at
least 30 days' notice of the election by publication in
a newspaper published within the county, district, or
municipality as the case may be. The publication
shall be made at least once a week for four consecu-
tiveweeks during the 30-day period. If no newspaper
be published in the county, district or municipality,
the notice shall be posted in as many places as
deemed advisable by the supervisor of elections and
in no event shall the notice be posted in less than ten
places within the limits of the county, district or
municipality.
History.-s. 1, ch..59-335; s. 2, ch. 65-60.
100.35.1 Referendum election; certificate of
results to Department of State.-Whenever an
election is held under a referendum provision of an
act of the Legislature, the election oflicials of the
governmental unit wherein the election is held shall
certify the results thereof to the Department of State
which shall enter same upon the official record of
the act requiring such election on file in the office of
the Department of State.
History.-s. I, ch. '25438, 1949; s. 4, ch. 26870, 1951; ss. 10, 35, ch. 69-106.
Note.-Former s. 99.59.
100.361 Municipal recall.-
(1) RECALL PETITION.-Any member of the
governing body of a municipality which has at least
500 registered electors or charter county, hereinaft-
er referred to *[in this section] as municipality, may
be removed from office by the electors of the munici-
pality by the following procedure:
(a) A petition must be prepared naming the per-
son sought to be recalled and containing a "state-
ment of grounds for recall" in not more than 200
t~t-. It~,a C7t- ilHl (;~.N~,itAL, I'i{~IMAILY, AN1) 51'1:(~'IAh, 1+a,h.U'1'IONS Ch. lUU
r.- . ,.~.. , __ - _~__. __ ._ _ ~..,_~-., _ .. _ ..,. ._. .
_
, _
_ ,.....
~_ rr+srds, which petitie~~all contain at a minimum equivalent, a~ensive statement of noL~morF than
of tt- be r~~- ~ sitmatures of the lesser of 250 electors or I per- 200 words. 'l'he city auditor or clerk, or hid ectuiva-
~i
~
~
~c t+t+nt of the electors of the municipality, hereinafter
~IIMi the "committee
" who make the char
es c
- lent, shall, within 5 days, prepare a sufficient num-
b
f t
i
tc
ss
uancc
ul
such elect ion ,
g
on
mimed in the statement ofgrounds for recall. 1-Iowev- er o
ypewr
tten, printed, or mimeographed
counterparts of the recall petition and "statement of
bonds as pr~r
~ ~. 'ln those municipalities in which the number of grounds ,for recall" and defensive statements there-
,~
sction for thc• ~ t~istered electors is between 500 and 2,000, the to, as well as the names and affidavits upon the origi-
~ose shall t>r~ ~?~ ~'iinimum of signatures on the petition shall be 20 Hal petition, and deliver them t.o the person who has
yrrcent ofthe electors of the municipality. A specific been designated as chairman of the committee and
n3); 5. a, ~t,. zi,~;n ~
j - - person shall be designated therein as chairman of take his receipt therefor. The prepared counterpart
x the committee to act for the committee. Only qua'.i- shall be entitled "Recall Petition and Defense" and
fled electors of the municipality are eligible to sign shall contain lines and spaces for signatures of regis-
=1,he bal lot
ti the petition. Signatures and affidavits of circulators
~ tered electors, place of residence, election precinct
~
to paper with ill be executed as provided in paragraph (c). All number, and date of signing, together with affidavits
' bonds to tx• ~
y ca] ling t hc' signatures must be obtained within a period of 30
days, and the petition must be filed within 30 days to be executed by the circulators which conform t.o
the provisions of paragraph (c). The city auditor or
ssue of bond4 ~ ®ller the date of the earliest signature upon the peti- clerk, or his equivalent, shall deliver forms sufficient
~e bonds and '~ ~
~ tinn
fb) The grounds for removal of elected municipal to carry the signatures of 30 percent of the registered
electors
ether details
~e printed on
officials shall, for the purposes of this act, include .
(g) Upon receipt of the counterparts, the commit-
zestion "For the following:
1. Malfeasance; tee ma circulate them to obtain the si natures of 15
to an electrrr
~
2
Milfeasance• ercent of the electors. An elector who si ns a ve-
p y g
mark in the
_
,'- .
~
3. Neglect of dut call petition shall have the right to demand in writ-
i
;ion shall be
i y;
4
Drunkenness n that his name be stricken from the etition. A
g P
,
~ ~ .
;
5. Incompetence written demand signed by the elector shall be filed
tr s. a, ~h. zsa,n, ;
6. Permanent inability to perform official duties; with the city auditor or clerk, or his equivalent, and
upon receipt *[of the demand) the city auditor or
~ ~ end clerk, or his equivalent, shall strike the name of the
ial referen- 7. The commission of a felony. elector froth the petition and place his initials to the
~endum elec- tcl Each elector of the municipality signing a pe-
i
i
h side of the signature strict{en. However, no signature
shall be at t
t
on s
all sign his name in ink or indelible pencil may be stricken after the city auditor or clerk, or his
~blication in a~ registered in the office of the supervisor of elec- equivalent, has certified the total of electors to the
y
district
or lions and shall state his place of residence and voting governing body.
,
,
publication precinct. Each counterpart of the petition shall con- (h) Within 60 days after delivery of the counter-
cur consecu- thin appropriate lines for signature by electors and parts to she chairman, the chairman shall file with
:~ newspaper
i
i
~ a form of affidavit, to be executed by the circulator
thereof, verifying the fact that the circulator saw the city auditor or clerk, or his equivalent, the coun-
terparts that bear signatures of electors
The cit
tun
c
pality,
y places as ~
each person sign the counterpart ofthe petition, that .
y
auditor or clerk, or his equivalent, shall assemble all
lections and a each signature appearing thereon is the genuine sig- signed counterparts, check to see that each counter-
ess than ten " nature of the person it purpot•ts tobe, and that the
petition was signed in the presence of the circulator part is properly verified by the affidavit of the ch-
culator
and submit such petitions to the count
district or ~
on the date indicated. ,
y
supervisor of elections who shall ascertain the num-
. (d) The petition shall be filed with the city audi- ber of different signatures upon the counterparts,
for or clerk, or his equivalent, by the person desig- purge the names withdrawn, certify within 30 days
rtificate of ? Hated as chairman ofthe committee, and, when. *[the whether 15 percent of the qualified electors of the
henever an petition is] filed, the city auditor or clerk, or his municipality have signed the petitions, and report
vision of an equivalent, shall submit such petition to the county his findings to the governing body. Thie supervisor
cials of the supervisor of elections who shall, within a period of shall be paid by the persons or committee seeking
is held shall not more than 30 days, determine whether the peti- verification the sum of 10 cents for each name
gent of State tion contains the required valid signatures. The su- checked.
~1 record of pervisor shall be paid by the persons or committee (i) If the petitions do not contain the required
the office of t seeking verification the sum of 10 cents for each signatures, the city auditor or clerk, ur his equiva-
name checked. lent, shall report such fact to the governing body and
Q, 35, ch. ss.tos. (e) If it is determined that the petition does not file the petitions and the proceedings shall be termi-
contain the required signatures, the city auditor or hated, and the petitions cannot again be used. If the
clerk, or his equivalent, shall so certify to the govern- signatures do amount to 15 percent of the qualified
tber of th ing body and file the petition without taking further
i electors, he shall serve notice of that fact upon the
e ~
has at least ~
~ act
on, and the matter shall be at an end. No addi-
tional names may be added to the petition and the person sought to be recalled and deliver to the gdv-
erning body a certificate as to the percentage of qual-
hereinaft-
~ petition cannot be used in any other proceeding. ified voters who signed.
pality, may
the
i
i (f) If it is determined that the petition has the (2) RECALL ELECTION.-If the person desig-
mun
c
-
4 required signatures, then the city auditor or clerk, or
his equivalent
shall atonce serve u
on th hated in the petition files with the city auditor or
l
k
hi
i
l
ng the per- ~
" ,
p
e person
sought to be recalled a certified copy of the petition. c
er
, or
s equ
va
ent, within 5 days after the last-
mentioned notice his written resignation, the city
g a
state- Within 5 days after service, the person sought to be auditor or clerk, or his equivalent
shall at once noti-
e than 200 recalled may file with the city auditor or clerk, or his ,
fy the governing body of that fact, and the resigna-
355
s ~,,,, r_t,•r_rt~urtt 1•I~f~~1A~.lt'~ A`ill `-;1.1?(;tA1, I~:1,1?t:l~9t)^J"~ Ch. I!Nl
__ _
a re~ignatwn, the govern mg boct~ sLali fta -i d~.~ for
holding a recall election for the~ren~oval of those not
resigning. Any such election shall be held not less
than :1(1 days nor more than 60 days after the expira-
ti~~ll rf thr C~ d;t~~ l+t~ric~d last-mentioned and at the
held ~~ lth~in the {a~ri,~d; htu if no such election is to
br hrld within that period thr t;uvrrnin{; bud}' shall
call a special recall election to be held within the
period aforesaid.
(3) BALLOTS.-The ballots at the. recall election
shall conform to the following: With respect to each
person whose removal is sought, the question shall
be submitted: "Shall ..... be removed from the office
of ..... by recall?" Immediately following each ques-
tion there shall be printed on the ballots the two
propositions in the order here set forth:
( me of person,~_,_.
For the reca 1 of .., ~~._..,..,_ _
<< ~ >>
Against the recall Of _(n{lme_ofpersonl._.•
Immediately to the right of each of the propositions
shall be placed a square on which the electors, by
making a crossmark (X), may vote either of the prop-
ositions. Voting machines may be used.
(4) FILLING OF' VACANCIES.-If in any elec-
tion a majot•ity of the votes cast on the question of
removal of any member of the governing body of a
municipality is affirmative, the member whose re-
moval is sought shall be deemed removed from oflice
upon the announcement of the off-icial canvass of
that election, and the vacancy caused by the recall
shall be filled by the governing body according to the
provisions of the appropriate law. If, however, an
election is held for the recall of mote than one mem-
bcr• candidates to succeed them for the unexpired
terms shall be voted upon at the same election. and
shall be nominated in the same manner as provided
by the appropriate law for the nomination of a3ndi-
standin5 a_n~ ,,p~,cia rr generai law to the contrary,
term t~,f oflice fbr any elected official shall consist
only of those terms ~f oflice in which the elected
oflicial has served 75 percent or more of the full term
for said oflice and shall not include any time includ-
ed in an appointed status or while acting or serving
an interim position in said office.
(6) COUNTING THE VOTE.-Candidates shall
not be nominated to succeed any particular member.
If only one. member is removed, the candidate receiv-
ing the highest number of votes shall be declared
elected to fill the vacancy. If more than one member
is removed. candidates equal in number to the num-
ber of members removed shall be declared elected to
fill the vacancies; and, among the successful candi-
pro~-lded for, situtl be~aetermu~ed by the ru,~w ~TM
erring elections generally.
1 i i EFFECT OF RESIGNATIONS.-No prcxerd
ings for the recall of aLl of the members of the k~~•
ernin,~ b~~dv ut the same election shall be deleat~ ;~
them. liar. upon the resit,nation of ar.~ c: •: %;-:-:. ife
guverning body shall have power to fill the vacant}
or vacancies until successors are elected, and thr
proceedings for the recall and election of successnre
shall continue and have the same effect as though
there had been no resignation.
(8) WHEN PETITION MAY BE FILED.-Except
as otherwise provided, no petition to recall any mem•
bei• of the governing body of a municipality shall bt
filed within 1 year after he takes oflice. No person
removed by a recall, or resigning after petition hs
been filed against him, shall be eligible to be appoint•
ed to the governing body within a period of 2 yearn
after the date of such recall or resignation. The city
auditor or clerk, or his equivalent, shall preserve In
his oflice all papers comprising or connected with e
petition for recall for a period of 2 years after they
were filed. This method of removing members of the
governing body of a municipality is in addition to
such other methods now or hereafter provided by thr
general laws of this state.
(9) OFFENSES RELATING TO PETITIO?~S,-
No person shall impersonate another, purposely
write his name or residence falsely in the signinK of
any petition for recall or forge any name thereto, ar
sign any paper with knowledge that he is not a quaG•
Pied elector of the municipality. No expenditures ft+r
campaigning for or against an oflicer being recalhd
shall be made until the date on which the recall
election is to be held is publicly announced.'Phe calm
mittee and the oflicer beingrecalled shall be subjtx~
to chi t;ter 1~~~ do oer=on shal_1 er~plov or oar- anvth~
-- _ -- - _--- --_--_- - - ---- -- ~'~2
a recall petition. .~n~ hers -~.~;arn~ sn; ..:~>
provisions of this section shall be deemed guilty of $
misdemeanor of the second degree and shall, upon
conviction, be punished as provided by law.
(10) INTENT.-It is the intent of the legislature
that the recall procedures provided in this act shall
be uniform statewide. Therefore, all municipal char
t.er and special law provisions which are contrary to
the provisions of this act are. hereby repealed to the
extent of this conflict.
(11) PROVISIONS APPLICABLE.-The provi-
sions of this act shall apply to cities and charter
counties which have adopted recall provisions.
History.-ss. 1, 2, ch. 94-1311.
•1\ote.-Bracketed cords inserted by [he editors for clarity.
356
~:
~`
x
J
~a~. 1 i a
curer or the alH
political subdi•
designated .to 'y
~n program i»
:~ys lield pursu•
razn.
zrogram estal>•
!serve in addi-
~nefit program
ipensation pro•~
I not supersede
•ovided by any a
zm established
~ovision of this
o the contrary, `
compensation ';
ie purposes of
.held on behalf
VNEL
mployees.
state.
~yees of this
ether govern-
~ees of other
to state recog-
tion is an es-
zflecting this
nnel between
the same or
ificant factor
poses of this
words and
them. in this
apartment or
state govern-
~f to another
department
• a state gov-
another gov-
sage em-
rumentality
n a program
meats, agen-
;overnment,
L .113 1'L1I31,1t:' Ul'1 lt:baty AN _. -_
~.,...r.__.~-•__~.._--__ ,. -_. __- 11 1~.;1~11'L(1Y`I;E;S; (a1;Nt~;1tAl, ('Li,OVItiIONy C;h. l IZ
p rpose o sen zng agency s employee compensa-
tion program, as an employee, as defined in such act,
who has sustained such injury in the performance of
such duty, but shall not receive benefits under that
act for any period for which he elects to receive simi-
lar benefits as an employee under the receiving
agency's employee compensation program.
History. s. 6, ch. 65-5`L4.
another state, as a s~zg or receiving agenc~~.
t2! 1'he period of individual assignment or detail
ender an interchange program shall not exceed 12
tnunths, nor shall any person be assigned or detailed
for more than 12 months during any 36-month pcu•i-
~d. Details relating to any matter covered in this
pert may be the subject of an agreement between the
rending and receiving agencies. Elected oflicials
shall not be assigned from a sending agency nor de-
tstilc~d to a receiving agency.
HWOry.-s. 3, ch. 65-524.
112.31 Travel expenses of employees of other
governments.-A receiving agency in this state
may, in accordance with the travel regulations of
such agency, pay travel expenses of persons assigned
thereto under this part during the period of such
assignments on the same basis as if they were regu-
lar employees of the receiving agency.
History.-s. 7, ch. 65-524.
11'1.28 Status of employees of this state.-
11 i Employyees of a sending agency participating
in an exchange of personnel as authorized in s.
112.27 may be considered during such participation
to be on detail to regular work assignments of the
rw`nding agency.
!21 Employees who are on detail shall be entitled
to the same salary and benefits to which they would
otherwise be entitled and shall remain employees of
the sending agency for all other purposes except that
the supervision of their duties during the period of
detail may be governed by agreement between the
sending agency and the receiving agency.
!31 Any employee who participates in an ex-
change under the terms of this section who suffers
disability or death as a result of personal injury aris-
ing out of and in the course of an exchange, or sus-
tained in performance of duties in connection
therewith, shall be treated, for the purposes of the
rending agency's employee compensation program,
as an employee, as defined in such act, who has sus-
tained such injury in the performance of such duty,
t7ut shall not receive benefits under that act for any
(x~riod for which he is entitled to and elects to receive
similar benefits under the receiving agency's em-
ployee compensation program.
Hfxtory.-s. 4, ch. 65-524.
112.29 Travel expenses of employees of this
,elate.-A sending agency in this state may, in ac-
cordance with the travel regulations of such agency,
1wy the travel expenses of employees assigned to a
receive ng agency on either a detail or leave basis, but
shall not pay the travel expenses of such employees
incurred in connection with their work assignments
at the receiving agency. During the period of assign-
ment, the sending agency may pay a per diem allow-
ance to the employee on assignment or detail.
ltlalory. s. 5, ch. 65-524.
PART III
CODE OF ETHICS FOR
PUBLIC OFFICERS AND EMPLOYEES
112.311 Legislative intent and declaration of poli-
cy.
112.312 Definitions.
112.313 Standards of conduct for public officers
and employees of agencies.
112.3141 Additional standards of conduct for pub-
lic officers.
112.3143 Voting conflicts.
112.3145 Disclosure of financial interests and cli-
ents represented before agencies.
112.3146 Public records.
112.3147 Forms.
112.316 Construction.
112.317 Penalties.
112.3175 Remedies; contracts voidable.
112.3191 Short title.
112:320 Commission created; purpose.
112.321 Membership, terms, etc.
112.322 Duties and powers of commission.
112.323 Legislators; conduct.
112.324 Procedures on complaints of violations.
112.3241 Judicial review.
112.326 Additional requirements by political sub-
divisions not prohibited.
112.311 Legislative intent and declaration of
policy.-
(1) It is essential to the proper conduct and oper-
ation of government that public oflicials be indepen-
dentand impartial and that public office not be used
for private gain other than the remuneration provid-
ed by law. The public interest, therefore, requires
that the law protect against any conflict of interest
112.30 Status of employees of other govern-
ments.-
fl) When any unit of government of this state
acts as a receiving agency, employees of the sending
agency who are assigned under authority of this part
may be considered to be on detail to the receiving
agency.
f2) Appointments of persons so assigned may be
made without regard to the laws or regulations gov-
erning the selection of employees of the receiving
agency. Such person shall be in the unclassified ser-
vice of the state.
(3) Employees who are detailed to the receiving
agency shall not by virtue of such detail be consid-
ered to be employees thereof, except as provided in
443
subsection (41, no~all they be patd a salary or wage
by the receiving agency during the period of their
detail. '1 he supervision of the duties of such em-
ployees during the period of detail may be governed
by agreement between the sending agency and the
receiving agency. '
(4) Any employee of a sending agency assigned in
this state who suffers disability or death as a result
of personal injury arising out of'and in the course of
such assignment, or sustained in the performance of
duties in connection therewith, shall be treated for
the u ~ f d' '
i~ "
I
Ch._IfZ-_ ___~31,1C UE'F1C@;ItS_Al'tif) E1v1PLOY.>L,~at G~'atAL l'ltO~'ISIONti- - - fh. I{~ r.'~. 1'
__.
p '
(21 It is also essential that government attract
those citizens best qualified to serve. Thus, the law
against conflict of interest must be so designed as not
to impcdc unrcnsonably or unnecessarily the re-
cruitmeutand retention by government of those best
qualified to serve. Public oflicials should not be de-
nied the opportunity, available to all other citizens,
to acquire and retain private economic interests ex-
cept when conflicts with the responsibility of such
i oflicials to the public cannot be avoided.
_ (3) It is likewise essential that the people be free
to seek redress of their grievances and express their
opinions to all government officials on current issues
and past or pending legislative and executive actions
at every level of government. In order to preserve
and maintain the integrity of the governmental
process, it is necessary that the identity, expendi-
tures, and activities of those persons who regularly
engage in efforts to persuade public officials to take
specific actions, either by direct communication with
such officials or by solicitation of others to engage in
such efforts, be regularly disclosed to the people.
(4) It is the intent of this act to implement these
objectives of protecting the integrity of government
and of facilitating the recruitment and retention of
qualified personnel by prescribing restrictions
against conflicts of interest without creating unnec-
essary barriers to public service.
(5) It is hereby declared to be the policy of the
state that no officer or employee of a state agency or
of a county, city, or other political subdivision of the
state, and no member of the Legislature or legisla-
five employee, shall have any interest, financial or
otherwise, direct or indirect; engage in any business
transaction or professional activity; or incur any ob-
ligation of any nature which is insubstantial conflict
with the proper discharge of his duties in the public
interest. To implement this policy and strengthen
the faith and confidence of the people of the state in
their government, there is enacted a code of ethics
setting forth standards of conduct required of state,
county, and city officers and employees, and of offi-
!i cers and employees of other political subdivisions of
I the state, in the performance of their official duties.
~ It is the intent of the Legislature that this code shall
serve not only as a guide for the official conduct of
public servants in this state, but also as a basis for
discipline of those who violate the provisions of this
part.
~ 'l6) It is declared to be the policy of the state that
public officers and employees, state and local, are
~ agents of the people and hold their positions for the
benefit of the public. They. are bound to uphold the
Constitution of the United States and the State Con-
stitution and to perform efficiently and faithfully
their duties under the laws of the federal, state, and
local governments. Such officers and employees are
bound to observe, in their official acts, the highest
standards of ethics consistent with this code and the
advisory opinions rendered with respect hereto re-
.- r.+~: -~- :~.!..~: -. .r. r; maintainiruly~••
foremost. concern.
Ili.d~ry.-s. t, ch. fi7-4 (i9; s. 1. ch. fig 335; s. 1, ch_ 74-7 ~7, ~ ~ s. "t.',~-
'\ole.-r:ffceti ~'c l)clober 1. 1975. .
' 11'1.312 Definitions. As used in this part, ~
less the context otherwise requires:
'(11 "Advisory body" means any board, cotr.e.,~
sion, committee, council, or authority, howerrr ~*
lected, whose total budget, appropriation.. cat
authorized expenditures constitute less than 1 {~
cent of the budget of each agency it serves or cl~~~,
000, whichever is less, and whose poxrrU,
jurisdiction, and authority are solely advisory andda '-
not include the final determination or adjudicati:~
of any personal or property rights, duties, or ob!;~
tions, other than those relating to its internal opt
tions.
2(2) "Agency" means any state, regional, counts,
local, or municipal government entity of this st1lr
whether executive, judicial, or legislative; am da- a
partment, division, bureau, commission, authontt, ~.
or political subdivision of this state therein; or a,:~
public school, community college, or state univer~r s
ty.
(3) "Business entity" means any corporativm
partnership, limited partnership, proprietorship,
firm, enterprise, franchise, association, selC~'
ployed individual, or trust, whether fictitiot:~31 a;
named or not, doing business in this state. ~.
"(4) "Candidate" means any person who has filtrb
a statement of financial interest and qualification
papers, has subscribed to the candidate's oath as rr
quired by s. 99.021, and seeks by election to becomr ~ -
a public officer. This definition expressly excludt~~ ~~,
committeeman regulated by chapter 103 and per
sons seeking any other office or position in a political ':
party. `'
(5) "Commission" means the Commission v~
Ethics created by s. 112.320 or any successor W ~;;
which its duties are transferred.
1(6) "Conflict" or "conflict of interest" means • F
situation in which regard for a private interest tendu -g° .
to lead to disregard of a public duty or interest. ~~~~
'(7) "Corruptly" means done with a wrongful itr
tent and for the purpose of obtaining, or compensas•
ing or receiving compensation for, any beneCd `
resulting from some act or omission of a public ser~-
ant which is inconsistent with the proper perform ,
ance of his public duties. =''
4(8) "Disclosure period" means the taxable year ~,
for the person or business entity, whether based a <;
a calendar or fiscal year, immediately preceding the '
date on which, or the last day of the period during `
which, the financial disclosure statement required
by this part is required to be filed.
'(9) "Indirect" or "indirect interest" means a4 ~:
interest in which legal title is held by another as ,
trustee or other representative capacity, but the ep .
uitable or beneficial interest is held by the pers~
required to file under this part.
4(10) "Material interest" means direct or indi+ ~-
rect ownership of 5[more than] 5 percent of the total
assets or capital stock of any business entity. For the ^` .
purposes of this act indirect ownership shall not io-
444
~~.
~rh.
~~,' ,,:
3 ":',
~EtU~
~~, h..
x.ni;
Inc
c.Tt,,.:
~F ~~
a, if
ar:s, ~
x- o'
~h c
,,1 r)
~-<r,
`~ m
~th~~
R'oP'
41~
fan'
~~ `,
ru '
L-.:::'
~.: .
Sri
c:~
s:e,.
t:it
zl
..al
~^P r
sir.
` a+,~.
w;n~ i
*F
iH~'4.
~:
..
;~`.
;`:
•~
r..
cc ~
n..
w~
t~!+
Ch. IlY
-ecognizint; th?rt
naintainint; thr
dent must tx~rd
.4-177; s. 2, ch. 7.5 ;:M
n this part, un~
board, commrti
ty, however s~~
~opriations, ur
ess than 1 t„.r.
;caves or $liw),•
chose potvrn,
Ldvisory and do
~r adjudication
Ities, or obliglr•
internal opern•
gional, county,
y of this stag,
'.alive; any dc•
ion, authority,
herein; or any
state univer~i•
~ corporation,
proprietorship.
lion, self=em-
~r fictitiouslti•
state. -
rwho has filccl
qualification
e's oath as rc•
ion to become
sly excludes 1-
103 and per-
t in a political
mmisslon nn
successor to
est" means a
nteresttends
r interest.
wrongful in-
~r compensat-
any benefit
a public serve
per perform-
taxable year
her based on
rreceding thc>
eriod during
ent required
means an
~ another as
~, but the eq-
/ the person
sect or indi-
t of the total
lily. For the
shall not in-
~ ,~ 112 I'UI31:,IC UFFIC.EItS ANU EMPI.UI: ~:L:J; C:]b,NEIiAL I'ROYCSION~ Gh. 1 l4~
(a) No public officer or employee of an agency
shall have or hold any employment or contractual
relationship with any business entity or any agency
which is subject to the regulation of, or is doing busi-
ness with, an agency of which he is an officer or
employee, excluding those organizations and their
officers who, when acting in their official capacity,
enter into or negotiate a collective bargaining con-
tract with the state or any municipality, county, or
other political subdivision of the state; nor shall an
officer or employee of an agency have or hold any
employment or contractual relationship that will
create a continuing or frequently recurring conflict
between his private interests and the performance of
his public duties or that would impede the full and
faithful discharge of his public duties.
1. When the agency referred to is that certain
de ownership by a spouse minor child.
^111) "Materially affected" means involving an
aterest in real property located within the jurisdic-
cn of the official's agency or involving an invest-
~nt in a business entity, a source of income or a
xisition of employment, office, or management in
xybusiness entity located within the jurisdiction or
cingbusiness within the jurisdiction of the official's
~ Agency which is or will be affected in a substantially
LTerent manner or degree than the manner or de-
;ee in which the public in general will be affected
'f r, if the matter affects only a special class of per-
+$IS, then affected in a substantially different man-
xr or degree than the manner or degree in which
ixh class will be affected.
'(12) "Ministerial matter" means action that a
Jerson takes in a prescribed manner in obedience to
3e mandate of legal authority, without the exercise
r: the person's own judgment or discretion as to the
)ropriety of the action taken.
'f13) "Person or business entities provided a
pant or privilege to operate" includes state and fed-
+rally chartered banks, state and federal savings
tnd loan associations, cemetery companies, insur-
race companies, mortgage companies, credit unions,
Mall loan companies, alcoholic beverage licensees,
yeri-mutuel wagering companies, utility companies,
uld entities controlled by the Public Service Com-
xission or granted a franchise to operate by either
itchy or county government.
'(14) "Represent" or "representation" means ac-
dlal physical attendance on behalf of a client in an
agency proceeding, [the writing of letters or filing of
~cuments] on behalf of a client, and personal com-
aunications made with the officers or employees of
atny agency on behalf of a client.
'(15) "Source" means the name, address, and de-
scription of the pl•incipal business activity of a per-
son or business entity.
'(16) "Value of real property" means the most
recently assessed value in lieu of a more current
appraisal.
Hletory.---e. 2, ch. 67-469; ss. 11,12, ch. 68-35; s. 8, ch. 69-353; s. 2, ch. 74-177;
~ I, ch. 75-196; s. 1, ch. 75-199; s. 3, ch. 75-208.
'-.Vote.-Effective October 1, 1975.
'Note.-As amended by ch. 75-208, takes effect October 1, 1975.
Wole. Effective January 1, 1976.
'Note.-As amended by ch. 75-196, takes effect January 1, 1976.
'Note.-Bracketed words substituted for "in excess of by the editors.
'Note.-Bracketed language substituted for "letters written or documents
~„
'112.313 Standards of conduct for public offi-
cers and employees of agencies.-
fl) DEFINITION.-As used in .this section, un-
less the context otherwise requires, the term "public
officer" shall include any person elected or appoint-
ed to hold office in any agency, including any person
serving on an advisory body.
12) SOLICITATION OR ACCEPTANCE OF
GIFTS.-No public officer or employee of an agency
or candidate for nomination or election shall solicit
or accept anything of value to the recipient, includ-
ing agift, loan, reward, promise of future employ-
ment, favor, or service:
la) That. would cause a reasonably prudent per-
son to be influenced in the discharge of official du-
ties.
(b) That is based upon any understanding that
445
the vote, official acti~or judgment of the public
officer, employee, or candidate would be influenced
thereby.
(3) DOING BUSINESS WITH ONE'S AGENCY.
-No employee of an agency acting in his official
capacity as a purchasing agent, or public officer act-
ing in his official capacity, shall either directly or
indirectly purchase, rent, or lease any realty, goods,
or services for his own agency from any business
entity of which he or• his spouse or child is an officer,
partner, director, or proprietor or in which such of-
ficer or employee or his spouse or child, or any com-
bination of them, has a material interest. Nor shall
a public officer or employee, acting in a private ca-
pacity, rent, lease, or sell any realty, goods, or ser-
vices to his own agency, if he is a state officer or
employee, or to any political subdivision or any agen-
cy thereof, if he is serving as an officer or employee
of that political subdivision. The foregoing shall not
apply to district offices maintained by legislators
when such offices are located in the legislator's place
of business. This subsection shall not affect or be
construed to prohibit contracts entered into prior to:
(a) October 1, 1975.
(b) Qualification for elective office.
(c) Appointment to public office.
(d) Beginning public employment.
(4) UNAUTHORIZED COMPENSATION.-No
public officer or employee of an agency or his spouse
or minor child shall, at any time, accept any compen-
sation, payment, or thing of value when such public
officer or employee knows, or, with the exercise of
reasonable care, should know, that it was given to
influence a vote or other action in which the officer
or employee was expected to participate in his offi-
cial capacity.
(5) SALARY AND EXPENSES.-No public offic-
ershall be prohibited from voting on a matter affect-
ing his salary, expenses, or other compensation as a
public officer, as provided by law.
(6) MISUSE OF PUBLIC POSITION.-No public
officer or employee of an agency shall corruptly use
or attempt to use his official position or any property
or resource which may be within his trust, or per-
form his official duties, to secure a special privilege,
benefit, or exemption for himself or others. This sec-
tion shall not be construed to conflict with s. 104.31.
(7) CONFLICTING EMPLOYMENT OR CON-
TR.A(`,TiTAT. R.FT,ATinNSHiP.-