HomeMy WebLinkAbout06-08-2023 Agenda Packet
OCOEE CHARTER REVIEW COMMISSION
Ocoee City Hall
1 N. Bluford Avenue
Ocoee, Florida
June 8, 2023 AGENDA 6:15 PM
• CALL TO ORDER
Pledge of Allegiance and Moment of Silence
Roll Call and Determination of Quorum
• BRIEF INTRODUCTION OF MEMBERS
• ELECTION OF OFFICERS
• PURPOSE, PROCEDURES AND TIMELINE
• SUNSHINE LAW / PUBLIC RECORDS LAW OVERVIEW
• DISCUSSION AND REVIEW OF CURRENT CITY CHARTER
• PUBLIC COMMENTS
• ADJOURNMENT
Notice: Any person who desires to appeal any decision at this meeting will need a record of the
proceedings and for this purpose may need to ensure that a verbatim record of the proceedings is
made which includes testimony and evidence upon which the appeal is based. In accordance with
Florida Statute 286.26: Persons with disabilities needing assistance to participate in any of these
proceedings should contact the Office of the City Clerk, 1 N. Bluford Avenue, Ocoee FL 34761, (407)
905-3105, 48 hours in advance of the meeting.
More than one Commissioner may participate or hear discussions regarding a matter which will come
before the Commission for action.
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Ocoee, Florida, Code of Ordinances
CHARTER
Ocoee, Florida, Code of Ordinances Created: 2022-09-11 14:11:01 [EST]
(Supp. No. 53)
Page 1 of 27
CHARTER
[HISTORY: Printed as amended in its entirety by the City Commission of the City of Ocoee 9-20-1988 by Ord. No.
88-27. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Elections — See Ch. 5
City Commission meetings — See Ch. 11
PREAMBLE [Added 12-1-2009 by Ord. No. 2009-030 1]
We the people of the City of Ocoee, Florida, under the constitutions and laws of the United States of America
and the State of Florida, in order to provide the benefits of local government responsive to the will and values of
our citizens, do hereby adopt and ratify this charter to define the powers and structure of our government. By this
action, we secure the benefits of home rule and affirm the values of representative democracy, professional
management, strong political leadership, citizen participation, and regional cooperation. We believe in an open,
responsive government that abides by the highest ethical standards and operates as a careful steward of the
human, fiscal and natural resources of our city.
ARTICLE I Creation and Existence of Municipality
§ C-1. Municipality incorporated.
The existing municipality of the City of Ocoee, in the County of Orange, incorporated under the laws of
Florida, be and the same is hereby declared to be in all respects a legally incorporated city with all the powers
incident thereto under the laws of Florida (hereinafter referred to as "the city" or "the City of Ocoee").
§ C-2. Title, rights, etc., vested in municipality.
The title, rights and ownership of property, uncollected taxes, dues, claims, judgments, decrees and choses
in action held and owned by the city shall remain vested in the municipal corporation organized and created under
and by this Charter.
§ C-3. Existing obligations not impaired.
No obligation or contract of the City of Ocoee, including bonds heretofore issued, shall be impaired or
avoided by this Charter, but such debts and obligations shall remain binding upon the city.
1Editor's Note: This ordinance was approved by the electorate of the City of Ocoee by referendum on 3-9-2010.
Said ordinance provided for an effective date of 6-1-2010.
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Created: 2022-09-11 14:11:00 [EST]
(Supp. No. 53)
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§ C-4. Continuation of officers and ordinances.
All officers heretofore elected or appointed and holding office under the city shall continue to hold their
respective offices and to discharge their duties until their successors are selected or until otherwise provided by
ordinance, and all existing ordinances of the city not in conflict with the provisions of this Charter shall continue in
effect and unimpaired until repealed, amended or modified.
§ C-5. Perpetual existence.
The City of Ocoee, Orange County, Florida, shall have perpetual existence.
§ C-6. Corporate boundaries.
The boundaries which shall be included in the territory of the City of Ocoee shall be as follows: See
Addendum A attached hereto 2 and by this reference made a part hereof.
§ C-7. Extension of corporate boundaries.
The boundaries which shall be included in the territory of the City of Ocoee shall include all lands heretofore
or hereafter annexed into the city in accordance with the laws of Florida.
ARTICLE II Powers of the City
§ C-8. Powers of the city.
The City of Ocoee shall have all governmental, corporate and proprietary powers and all other powers
possible for a city to have under the Constitution and the laws of Florida as fully and completely as though they
were specifically enumerated in this Charter. Except as otherwise provided herein, the following powers of the city
shall be construed liberally and in favor of the city, and the specific mention of particular powers in the Charter
shall not be construed as limiting, in any way, the powers granted to the city under the Constitution and the laws
of Florida:
A. Municipal buildings and facilities. To make and maintain all buildings and facilities necessary and
appropriate for the use of the city and to acquire all land, rights and easements necessary for such
buildings.
B. Property rights. To purchase, lease, acquire by eminent domain or otherwise obtain, receive and hold
property or any interest in property, whether real, personal or intangible, for such municipal or other
public purposes as the City Commission may, by ordinance or otherwise, deem necessary and proper;
to sell, lease or otherwise dispose of said property for the benefit of the city to the same extent that
natural persons might or could do, except as otherwise provided herein.
(1) When any proposal for the acquisition of real property, either by purchase or lease, shall receive
a majority vote of the members of the City Commission and the cost of such proposed acquisition
exceeds one million dollars ($1,000,000.), inclusive of state and federal grants, such action shall
not be effective unless it has been acted upon by the City Commission after a public hearing
2Editor's Note: Addendum A is on file in the city offices, where it may be inspected during regular office hours.
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(Supp. No. 53)
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preceded by at least seven (7) days' notice of the hearing and the proposed action by publication
in a newspaper of general circulation in the City of Ocoee.
(2) When any proposal for the disposition of real property owned by the city, either by sale or by
lease for a term exceeding five (5) years, shall receive a majority vote of the members of the City
Commission and the fair market value of the real property concerned exceeds one hundred
thousand dollars ($100,000.), such action shall not be effective unless it has been acted upon by
the City Commission after a public hearing preceded by at least seven (7) days' notice of the
hearing and the proposed action by publication in the manner set forth above.
(3) The City Commission shall not approve the sale, lease or other alienation of real property owned
by the city for a price or rental below the city's estimate of the fair market value or fair rental
value thereof, except in cases where specific good cause is shown and in cases involving
alienation to another public agency.
(4) No piece of real property shall be divided for the purpose of evading this subsection.
(5) All leases, sales, purchases and contracts for leases, sales and purchases of real property
heretofore made by the city or any agency or commission of the city are hereby ratified and
confirmed.
(6) Nothing in this subsection shall apply to the acquisition of real property by eminent domain
occurring prior to, contemporaneous with or subsequent to the effective date of this subsection.
C. Boards, commissions and committees. To create and appoint boards, commissions and committees to
advise and assist the city in carrying out municipal functions.
D. Police, fire and sanitary. To provide police, fire, sanitary and similar protection and services; to exercise
police powers and to protect and preserve peace and order within the city; and to impose such
penalties and/or imprisonment for the violation of any ordinance as may be permitted by law.
E. Purchases and sales. To provide rules and regulations for all purchases and sales made for and on
behalf of the city.
F. Civil service and pensions. To establish and regulate civil service, pension and insurance plans,
hospitalization, death and other benefits for city employees in accordance with the laws of Florida.
G. Financial authorities. To expend the money of the city for all lawful municipal purposes and to borrow
money for all lawful municipal purposes. When any proposal for the borrowing of money in any
manner, except through a leasing arrangement, shall receive a majority vote of the members of the
City Commission and the amount to be borrowed exceeds one hundred thousand dollars ($100,000.),
such action shall not be effective unless it has been acted upon by the City Commission after a public
hearing preceded by at least seven (7) days' notice of the hearing and the proposed action by
publication in a newspaper of general circulation in the City of Ocoee. The City Commission shall have
the right to waive the notice requirement hereunder by affirmative vote of a majority of the members
of the City Commission present and voting, provided that the City Commission determines that
circumstances surrounding the borrowing of money constitute an emergency which requires
immediate action by the City Commission.
H. Franchises. To grant exclusive and nonexclusive franchises and privileges in the city but only after a
public hearing preceded by at least thirty (30) days' notice of the hearing and the proposed action by
publication once a week for four (4) consecutive weeks in a newspaper of general circulation in the City
of Ocoee.
I. Bonds. To issue certificates of indebtedness, revenue bonds or assessment bonds; to pay all or part of
the cost of the acquisition, construction, reconstruction, extension, repair, improvement, maintenance
or operation of any city project or combination of projects; to provide for any facility, service or other
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(Supp. No. 53)
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activity of the city; to provide for the retirement or refunding of any bonds or obligations of the city or
for any combination of the foregoing purposes.
J. Lakes, ponds and rivers. To regulate, control and restrict the use of or drainage into lakes, ponds,
rivers, streams and other watercourses and adjacent wetlands and uplands within the city.
K. Alcoholic beverages. To the extent permitted by law, to regulate, restrict and control the manufacture,
transportation, possession and sale of alcoholic beverages within the city.
L. Nuisances. To declare what shall constitute a nuisance, prevent the same and authorize the removal
thereof.
M. Transportation. To the extent permitted by law, to regulate the services to be rendered and rates to be
charged by buses, cabs and other vehicles for the carrying of passengers and baggage and to own,
acquire and operate common, private or contract carriers and other transportation facilities and
devices, whether now or hereafter invented or developed.
N. Taxation. Except to the extent expressly prohibited by the laws of Florida, to assess, levy and collect
taxes for all municipal purposes upon all businesses, property, privileges and professions and to
establish special taxing districts or assessment areas encompassing all or a portion of the city.
O. Condemnation of buildings. To condemn and remove, cause to be removed, order to be demolished
and removed or to be put in a state of sound repair any and all dilapidated, unsanitary or unsafe
buildings or structures and to provide and enforce by ordinance a penalty for the failure to do so.
P. Buildings and structures. To regulate the construction, alteration, maintenance, repair, equipment,
occupancy, location, removal and demolition of every building or structure and any appurtenances
connected or attached to such buildings or structures and to exercise all powers and all other
municipal and legislative enactments in favor of the city pertaining to building regulation.
Q. Maintenance of private property. To require all lands, property, lots, bodies of water and other
premises within the city to be kept clean, sanitary and free from excessive weed growth or to make
them so at the expense of the owner by assessing the cost against the property; to establish by
ordinance that the assessment will be a lien on the property until discharged by payment. [Amended
1-5-1999 by Ord. No. 99-07 3]
R. Industry control. To regulate, restrain or prevent any industry which is dangerous or so obnoxious as to
constitute a nuisance.
S. Beautification of public lands. To regulate and beautify the streets, parks and public thoroughfares of
the city and to regulate and restrict the construction and location of signs, signboards, billboards,
placards and handbills.
T. Compliance with city requirements prerequisite to subdivision. To require any subdivider to conform to
requirements of the city for the design of any subdivision and for the construction and maintenance of
roadways, sidewalks, recreation areas, utility easements, sewage disposal services, drainage facilities,
including retention and detention ponds, and area of lots and blocks and such other regulations as may
be provided to protect the public health, safety and welfare; and the city may require, before the
approval and adoption of any subdivision plat, that the owner of the lands included within such plat
enter into a bond with the City of Ocoee, executed by a licensed surety company in the State of Florida,
3Editor's Note: This ordinance was approved by the electorate of the City of Ocoee by referendum 3-9-1999. Said
ordinance also provided for an effective date of 6-1-1999.
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as surety in a sufficient sum to insure the provisions of this Charter and any ordinances adopted by the
City Commission are complied with.
U. License taxes. To levy, impose and collect license taxes upon all occupations and privileges to the
extent not otherwise prohibited under the laws of Florida and to provide by ordinance penalties for
failure or refusal to pay such license taxes; to provide by ordinance that all such license taxes so
imposed shall constitute a legal indebtedness to the city and shall constitute a lien on all property of
the debtor and may be recovered in any court of competent jurisdiction, along with penalties,
reasonable costs and the city's fees, including attorney's fees, and no property of such debtor shall be
exempt from sale for such indebtedness except as otherwise provided under the laws of Florida.
V. Public services and utilities. To the extent permitted by law, the city may construct, acquire, furnish,
operate and maintain any and all local public services and utilities and levy charges for the use of such
services and utilities.
W. Public works. To exercise all powers with reference to municipal public works as set forth under the
laws of Florida.
X. Recreational facilities. To establish a system of public recreation and to set aside any lands or buildings
owned or leased by the city for recreational purposes; to charge reasonable fees and deposits for
access to any such facilities or activities.
Y. Advertising. To advertise and promote the interests of the city and its residents through legitimate and
recognized means.
Z. Conservation. To designate, set aside and maintain lands and areas within the city as conservation
areas or bird and wildlife sanctuaries; to stock such areas with animal and plant life and to stock water
areas with fish and other aquatic life; to promulgate and enforce rules and regulations with respect
thereto and to protect and preserve the natural beauty thereof; and to do all acts necessary or
desirable in order to qualify such lands and areas as conservation areas and sanctuaries under any of
the laws of Florida or under federal law.
AA. Sewer and water systems. To own, acquire, construct, reconstruct, equip, operate, maintain, extend,
improve and regulate the water systems (including reclaimed water systems), sewer systems or
combined water and sewer systems; to levy and collect fees for the use of such systems; to exercise all
powers derived from other municipal and legislative enactments in favor of the city pertaining to the
sewage and water systems. [Amended 12-1-2009 by Ord. No. 2009-030 4]
BB. Drainage and flood control. To own, acquire, construct, reconstruct, equip, operate, maintain, extend
and improve drainage, reclamation, irrigation, water and flood control and erosion control works and
facilities of every nature and kind, including, without limitation, canals, ditches, drains, drainage wells,
dikes, levees, pumps, plants, sluiceways, floodways, drainage holding basins and other works,
machinery, plants and facilities for use in connection therewith.
CC. Cemeteries, mausoleums and crematories. To own, acquire, operate and maintain cemeteries,
mausoleums and crematories and otherwise provide for the burial of the dead.
DD. Fees for services. To offer and furnish the city's facilities and services to persons, firms, corporations,
political subdivisions and other public or private agencies or bodies and to collect fees, rentals and
other charges for such facilities and services.
4Editor's Note: This ordinance was approved by the electorate of the City of Ocoee by referendum on 3-9-2010.
Said ordinance provided for an effective date of 6-1-2010.
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(Supp. No. 53)
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EE. Roads. To regulate vehicular and pedestrian traffic and the use of roads, streets, alleys and other public
places.
FF. Cooperative agreements. To enter into cooperative, intergovernmental agreements concerning the
exercise of any powers and authorities of the city provided for in this Charter or under the Constitution
and the laws of Florida. Without limitation on the foregoing, the city may receive assistance from and
exercise all of its powers jointly or in cooperation with the federal government, the state and other
units of local government and may undertake and finance any of the projects provided for under this
Charter or under law, in whole or in part, jointly with any municipality now existing or hereafter
created or in any other manner combine the projects of the city with projects of another municipality
on such terms and conditions as the city may approve. To the extent permitted by law, the provisions
of this Charter and all of the rights, powers and privileges of the city under law with respect to city
projects shall be applicable to such joint or common projects.
GG. Preservation of lakes and waterways. To preserve and maintain the lakes and waterways; to herbicide,
harvest and sell, chemicalize or control, abate and eliminate by any biological, mechanical or other
means lake weeds, hyacinths or other growths that impair recreational and aesthetic uses; to levy
special tax assessments on lakefront property owners; to tax generally and specially; and to establish
special taxing districts to accomplish the above.
HH. Zoning. To create and establish a City Planning and or Zoning Commission; to regulate the construction
of all buildings; to exercise all powers with reference to municipal zoning as set forth under the laws of
Florida.
ARTICLE III City Commission
§ C-9. Created; composition, designation, election generally. [Amended 9-20-1988 by Ord. No.
88-28; 12-1-2009 by Ord. No. 2009-030 5]
There is hereby created a City Commission, to consist of five (5) members, one (1) of whom shall be known
and designated as the "Mayor"; the other four (4) shall be known and designated as "Commissioners." One (1) of
the Commissioners shall also be known and designated as "Mayor pro tem." The Mayor shall represent the city at
large, and the Commissioners shall each represent the single-member district in which they reside. The Mayor shall
be elected by the electors of the city at large. Each of the Commissioners shall be elected by the electors residing
only in the respective single-member district which he represents on the City Commission. The Mayor pro tem
shall be elected from among the Commissioners by the City Commission but shall continue to represent the district
in which such Commissioner resides. The Mayor pro tem shall be elected at the first City Commission meeting
following the swearing in of the candidates elected at each general city election (unless there is a runoff election,
in which case the Mayor pro tem shall be elected at the first City Commission meeting following the swearing in of
the candidates elected at such runoff election) and shall serve as Mayor pro tem until the successor is elected. The
City Commission shall hold office in the manner hereinafter provided and shall constitute the governing body and
authority of the City of Ocoee with all the powers and privileges herein granted and provided. Except as otherwise
provided in this Charter, whenever this Charter contains a reference to "all members of the City Commission", such
reference shall include the entire City Commission and shall not be construed to include only those members
present and voting.
5Editor's Note: This ordinance was approved by the electorate of the City of Ocoee by referendum on 3-9-2010.
Said ordinance provided for an effective date of 6-1-2010.
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§ C-10. Judge of qualifications. [Amended 12-1-2009 by Ord. No. 2009-030 6]
The City Commission shall be the judge of the election and qualifications of its members and of the grounds
for forfeiture of their office and for that purpose shall have, to the extent permitted by law, power to censure,
subpoena witnesses, administer oaths and require the production of evidence. A member charged with conduct
constituting grounds for forfeiture of office shall be entitled to a public hearing on demand, and notice of such
hearing shall be published in a newspaper of general circulation in the city at least seven (7) days prior to the
hearing. Decisions made by the City Commission under this section shall be subject to review by the courts.
Nothing contained herein shall be construed to deprive any member of the City Commission of such member's
right to due process under the Constitution and the laws of the United States and the State of Florida.
§ C-11. Eligibility. [Amended 9-20-1988 by Ord. No. 88-28; 10-3-2017 by Ord. No. 2017-025 7]
Only qualified electors of the city shall be eligible to qualify for and to hold the offices of Mayor and
Commissioner. Each candidate for the office of Mayor shall, at the time of qualifying as a candidate for such office,
be a bona fide resident of the city. The Mayor shall, during the entire term of office, be a bona fide resident of the
city. Each candidate for the office of Commissioner shall, at the time of qualifying as a candidate for such office, be
a bona fide resident of the single-member district which such candidate seeks to represent. Each Commissioner
shall, during the entire term of office, be a bona fide resident of the single-member district which such
Commissioner represents. Effective with each first full term commencing following January 1, 2022, the Mayor or a
commissioner who has held the same district office for two full terms is prohibited from appearing on the ballot
for election to that office.
§ C-12. Prohibitions.
A. Holding other offices. Except where authorized by law, no member of the City Commission shall, while
being a member of the City Commission, hold any other office, whether such office be federal, state,
county or municipal, or hold any other employment with the City of Ocoee. No former member of the
City Commission shall hold any compensated appointive city office or employment until one (1) year
after the expiration of such member's term or the vacating of such member's office.
B. Appointments and removals. Except as otherwise provided in this Charter or under the laws of Florida
and except for inquiries and investigations into the affairs of the city, no member of the City
Commission shall in any way deal with or dictate the appointment or removal of any city officers or
employees who are subject to the supervision or control of the City Manager, or any subordinates of
the City Manager, or who the City Manager, or any subordinates of the City Manager, is empowered to
appoint; provided, however, that each member of the City Commission shall be entitled to express
such member's views pertaining to the appointment and removal of such officers and employees and
to fully and freely discuss those views with the City Manager.
C. Influencing votes or political aid. No member of the City Commission shall attempt to influence the
vote of any other member by promising anything of value to such other member for the purpose of
gaining political aid or influencing votes.
6Editor's Note: This ordinance was approved by the electorate of the City of Ocoee by referendum on 3-9-2010.
Said ordinance provided for an effective date of 6-1-2010.
7Editor's Note: This ordinance was approved by the electorate of the City of Ocoee by referendum on 3-13-2018.
Said ordinance provided for an effective date of 6-1-2018.
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§ C-13. Regular and special meetings; meetings and records open to public; rules and order of
business; record of proceedings. [Amended 12-1-2009 by Ord. No. 2009-030 8]
The City Commission shall meet at the usual place for holding the meetings of the legislative body of the city
and at such times as may be prescribed by ordinance or resolution, except that it must meet regularly at least once
each month. An agenda of all items wherein City Commission action may be required shall be prepared by the City
Manager or the City Manager's designee for all regular and special City Commission meetings; provided, however,
that any member of the City Commission may direct the City Manager to place items on the agenda for action or
discussion by the City Commission. Such agenda shall be made available to the public at least twenty-four (24)
hours prior to all regular and special City Commission meetings. Only matters on the agenda or matters of an
emergency nature may be acted upon by the City Commission. The Mayor alone shall have the power to declare
what shall constitute an emergency matter; provided, however, that such power shall not in any way be used for
the purpose of evading the requirements of this section. Any member of the City Commission may call special
meetings of the City Commission upon at least twenty-four (24) hours' notice to the public and at least twenty-four
(24) hours' notice to each member of the City Commission, contacted personally. The notice requirement to the
members of the City Commission shall be deemed satisfied if a waiver of notice is signed by all members of the City
Commission or if all members are present at roll call. The Mayor or Mayor pro tem may, to the extent permitted by
law, call emergency sessions upon such notice as may be appropriate and effective under the circumstances.
Except as otherwise provided under the laws of Florida, all meetings of the City Commission and all committees
thereof shall be public, and any citizen shall have access to the minutes and records thereof at all reasonable
times. The City Commission shall determine its own rules and order of business and shall keep a record of its
proceedings.
§ C-14. Quorum; necessary vote for adoption of ordinances and resolutions; roll call.
[Amended 12-1-2009 by Ord. No. 2009-0309]
A majority of all members of the City Commission shall constitute a quorum, but a lesser number may
adjourn from day to day. Except as otherwise provided under the laws of Florida, all members of the City
Commission shall have the right to vote on all ordinances, resolutions and other matters coming before the City
Commission for action. The affirmative vote of a majority of all members of the City Commission shall be necessary
to adopt any ordinance or resolution. The vote of each member of the City Commission shall be recorded and
entered in the minutes.
§ C-15. Absence from meetings.
Absence from four (4) consecutive regular meetings of the City Commission shall vacate the seat of the
member absent, unless such absence is excused by the City Commission by resolution setting forth the fact of such
excuse duly entered in the minutes.
8Editor's Note: This ordinance was approved by the electorate of the City of Ocoee by referendum on 3-9-2010.
Said ordinance provided for an effective date of 6-1-2010.
9Editor's Note: This ordinance was approved by the electorate of the City of Ocoee by referendum on 3-9-2010.
Said ordinance provided for an effective date of 6-1-2010.
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§ C-16. Salary; expenses. [Amended 12-1-2009 by Ord. No. 2009-030 10]
The City Commission may determine the annual salary of the Mayor, the Mayor pro tem and the
Commissioners by ordinance, but no ordinance increasing such salary shall become effective until the date of
commencement of the terms of members of the City Commission elected at the next regular city election,
provided that such election follows the adoption of such ordinance by at least six (6) months. Members of the City
Commission shall receive their actual and necessary expense incurred in the performance of their duties of office.
§ C-17. Vacancies; forfeiture of office; filling of vacancies.
A. Vacancies. The office of a member of the City Commission shall become vacant upon the member's
death, resignation, forfeiture of office or removal from office in any manner authorized by law.
B. Forfeiture of office. Any member of the City Commission shall forfeit his office if he lacks at any time
during one's term of office any qualification for the office prescribed by this Charter or by law or is
convicted of a felony or any crime involving moral turpitude. The provisions of this subsection shall be
exercised in accordance with the provisions of § C-10.
C. Filling of vacancies. If any vacancy, other than the Office of Mayor, occurs in the City Commission, an
eligible person shall be selected by the City Commission within thirty (30) days of the vacancy to serve
until the successor is elected. If a vacancy occurs in the office of Mayor, the Mayor pro tem shall serve
as an interim Mayor until the successor is elected. The City Commission shall appoint an interim
Commissioner to fill the vacancy created by the Mayor pro tem serving as Mayor; such interim
Commissioner shall serve until such time as a Mayor is elected. The Mayor pro tem shall resume
representation of his single-member district for the remainder of the term. The successor to the office
of Mayor or Commissioner shall be elected at the next general city election if such election is to be held
within twelve (12) months of the vacancy. If a general city election will not be held within twelve (12)
months, the successor shall be elected at a special election which shall be called by the City
Commission within ninety (90) days of the vacancy. The successor shall serve for the unexpired term of
the member who created the vacancy. If all members of the City Commission are removed at the same
time, the Governor of the State of Florida shall appoint an interim City Commission that shall call a
special election within ninety (90) days of appointment. [Amended 12-1-2009 by Ord. No. 2009-030 11;
10-3-2017 by Ord. No. 2017-0258]
§ C-18. Independent audit. [Amended 10-3-2017 by Ord. No. 2017-025 12]
The City Commission shall provide for an independent annual audit of all city accounts and may provide for
more frequent audits as it deems necessary. Audits shall be made by a certified public accountant or firm of
accountants who or which has no personal interest, direct or indirect, in the fiscal affairs of the city government or
10Editor's Note: This ordinance was approved by the electorate of the City of Ocoee by referendum on 3-9-2010.
Said ordinance provided for an effective date of 6-1-2010.
11Editor's Note: This ordinance was approved by the electorate of the City of Ocoee by referendum on 3-9-2010.
Said ordinance provided for an effective date of 6-1-2010.
Editor's Note: This ordinance was approved by the electorate of the City of Ocoee by referendum on 3-13-2018.
Said ordinance provided for an effective date of 6-1-2018.
12Editor's Note: This ordinance was approved by the electorate of the City of Ocoee by referendum on 3-13-
2018. Said ordinance provided for an effective date of 6-1-2018.
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any of its officers. The City Commission may designate such accountant or firm annually or for a period not
exceeding three (3) years. If the state makes such an audit, the City Commission may accept it as satisfying the
requirements of this section.
§ C-19. Initiative and referendum. [Amended 12-1-2009 by Ord. No. 2009-030 13]
A. Initiative Ordinance. Any proposed ordinance may be submitted to the City Commission by a petition
signed by ten (10%) of the total number of qualified registered voters of the City of Ocoee as of the last
preceding municipal general election. Within six (6) weeks after filing of such petition, the City
Commission may pass said ordinance, or shall call a special election to be held within ninety (90) days,
at which the adoption or rejection of such ordinance shall be submitted to the qualified voters of the
City. If a majority of the qualified voters voting on the proposed ordinance shall vote in favor thereof,
then the ordinance shall thereupon become a valid ordinance of the City. Any number of proposed
ordinances may be voted upon at the same election according to the provisions of this section.
B. Referendum Ordinance. Except for emergency ordinances, every ordinance shall take effect ten (10)
days after its passage, unless a longer time be named therein or unless otherwise provided by law. If
prior to the taking effect of any ordinance, a petition signed by ten (10%) of the total number of
qualified registered voters of the City of Ocoee as of the last preceding municipal general election shall
be filed with the City Commission protesting against the enactment of such ordinance, then such
ordinance shall be suspended from taking effect. Thereupon, unless the City Commission shall, within
six (6) weeks after the filing of such petition, reconsider or repeal such ordinance, the same shall be
submitted to an election to be held as provided in paragraph A above, and such ordinance shall not be
operative if a majority of the votes cast be in opposition thereto. The suspension of the effective date
of such ordinance shall be lifted upon the certification of the results of any such election.
C. City Commission. The City Commission may on its own motion submit to the popular vote for the
adoption or rejection of any proposed ordinance. If a majority of the qualified voters voting on the
proposed ordinance shall vote in favor thereof, then the ordinance shall thereupon become a valid
ordinance of the City. Any number of proposed ordinances may be voted upon at the same election
according to the provisions of this section.
§ C-20. Duties and emergency powers of the Mayor.
The Mayor shall preside at all meetings of the City Commission and shall be recognized as the head of the
city government for all ceremonial purposes and by the Governor of the State of Florida for the purposes of
military law, civil law and service of process but shall have no regular administrative duties. The Mayor shall sign all
deeds, contracts, agreements, bonds, notes, obligations and other legal documents of the city. The Mayor shall
prepare and present to the city an annual state of the city message in the month of January of each year in which
the Mayor holds office. In time of insurrection, general conflagrations, catastrophe or great or widespread public
emergency, the Mayor shall become the head of the government and shall exercise those powers delegated to the
Mayor under the laws of Florida. In the absence or disability of the Mayor, the functions of the Mayor shall be
discharged by the Mayor pro tem.
ARTICLE IV City Manager
13Editor's Note: This ordinance was approved by the electorate of the City of Ocoee by referendum on 3-9-2010.
Said ordinance provided for an effective date of 6-1-2010.
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§ C-21. Appointment; qualifications; compensation. [Amended 1-5-1999 by Ord. No. 99-07 14;
10-3-2017 by Ord. No. 2017-0254 ]
The City Commission shall appoint by affirmative vote of a majority of all its members a City Manager for a
minimum term of one (1) year. The City Manager shall be appointed solely on the basis of executive and
administrative qualifications and need not be a resident of the City of Ocoee or the State of Florida at the time of
appointment. Within one (1) year of commencement of employment, the City Manager shall become a resident of
the city and shall remain a resident of the City while employed as City Manager. The City Commission shall fix the
compensation of the City Manager and shall meet annually with the City Manager to review and evaluate the City
Manager's performance. The City Commission may enter into an employment agreement with the City Manager
addressing terms and conditions of employment not inconsistent with or in conflict with the provisions of this
Charter. Any such employment agreement may provide that the City Manager may be terminated without cause at
any time during the term of the employment agreement, subject to compliance with the procedures set forth in §
C-22. Further, any such agreement may provide for circumstances under which the City Manager may be
temporarily suspended with or without pay. The residency requirement stated in this Section shall apply to any
City Manager initially appointed after the date of approval of this provision by the voters of the City.
§ C-22. Termination. [Amended 1-5-1999 by Ord. No. 99-07 15
If the City Manager declines to resign at the request of the City Commission, the City Commission may
suspend the City Manager by resolution approved by a majority of the total membership of the City Commission. A
copy of such resolution shall be served immediately upon the City Manager. The City Manager shall have fifteen
(15) days in which to reply thereto in writing, and upon request, shall be afforded a public hearing, which shall
occur no earlier than fifteen (15) days nor later than thirty (30) days after such hearing is requested. After the
public hearing, if one is requested, and after full consideration, the City Commission may, by a majority vote of its
total membership, adopt a final resolution terminating the City Manager. The City Manager shall continue to
receive full salary until the effective date of such resolution. A nonrenewal of the City Manager's employment
agreement with the city shall not constitute a termination hereunder requiring compliance with the provisions of
this section in order to terminate employment. The procedures set forth herein shall also be applicable to a
termination of an employment agreement with the City Manager; provided, however, that if such employment
agreement requires that a termination be for cause, then the resolutions discussed above shall specifically set
forth the cause for termination.
§ C-23. Acting City Manager. [Amended 1-5-1999 by Ord. No. 99-0716]
A. There shall be an Acting City Manager who shall exercise the powers and perform the duties of City
Manager during the temporary absence, disability or suspension of the City Manager, or during such
time as there is a vacancy in the position. In the case of a temporary absence, the City Manager shall
14Editor's Note: This ordinance was approved by the electorate of the City of Ocoee by referendum 3-9-1999.
Said ordinance also provided for an effective date of 6-1-1999.
Editor's Note: This ordinance was approved by the electorate of the City of Ocoee by referendum on 3-13-2018.
Said ordinance provided for an effective date of 6-1-2018.
15Editor's Note: This ordinance was approved by the electorate of the City of Ocoee by referendum 3-9-1999.
Said ordinance also provided for an effective date of 6-1-1999.
16Editor's Note: This ordinance was approved by the electorate of the City of Ocoee by referendum 3-9-1999.
Said ordinance also provided for an effective date of 6-1-1999.
Page 12 of 43
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designate, by letter filed with the City Clerk, a qualified city administrative officer to serve as Acting
City Manager. In the event that (1) the City Manager fails to designate someone as Acting City Manager
as required hereunder, (2) the City Manager has been suspended or is disabled or (3) there is a vacancy
in the position of City Manager, then in any of such events the City Commission may then appoint a
qualified Acting City Manager.
B. The Acting City Manager shall serve at the pleasure of the City Commission and may be removed by the
City Commission at any time, with or without cause. The removal of the Acting City Manager shall not
affect, in any manner, any other positions such person may hold with the city. The provisions of § C-22
of this Article shall not apply to an Acting City Manager.
C. The Acting City Manager shall serve as City Manager until such time as the City Manager resumes the
position of City Manager, a new City Manager is appointed by the City Commission pursuant to § C-21
of this Article or the Acting City Manager is removed and a new Acting City Manager is appointed by
the City Commission.
§ C-24. Powers and duties of City Manager.
The City Manager shall be the chief administrative officer of the city and shall be responsible for the
administration of all city affairs for which the City Manager is given responsibility under this Charter. The powers
and duties of the City Manager shall include, but not be limited to, the following:
A. To appoint and, when deemed necessary for the good of the city, to suspend or remove any city
employees or appointive administrative officers unless otherwise provided under this Charter, the laws
of Florida or any personnel rules and regulations adopted by the city. The City Manager may authorize
any administrative officer who is subject to the City Manager's direction and supervision to exercise
these powers with respect to subordinates in such officer's department, office or agency.
B. To direct and supervise the administration of all departments, offices and agencies of the city, except
as otherwise provided under this Charter or the laws of Florida.
C. To attend all City Commission meetings and take part in any discussion at such meetings. This shall not
be construed to include the right to vote at such meetings.
D. To ensure, to the extent possible, that all provisions of this Charter and all laws and acts of the City
Commission that are subject to enforcement by the City Manager or by officers subject to the direction
and supervision of the City Manager are faithfully executed.
E. To prepare and submit to the City Commission the annual budget and capital program for the city.
F. To prepare and submit to the City Commission a complete report on the finances and administrative
activities of the city as of the end of each fiscal year. Such report shall also be made available to the
public.
G. To prepare and submit to the City Commission such other reports as the City Commission may require
concerning the operation of city departments, offices and agencies subject to the direction and
supervision of the City Manager.
H. To prepare and submit to the City Commission on a quarterly basis a complete report on the financial
conditions and future needs of the city and to make recommendations relating thereto.
I. To perform such other duties as may be required under this Charter or as may be required by the City
Commission.
J. To recommend to the City Commission the salary and wage scale of officers and employees of the city.
Page 13 of 43
- CHARTER
ARTICLE V Administrative Departments
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ARTICLE V Administrative Departments
§ C-25. General provisions.
A. Creation of departments. The City Commission may establish city departments, offices or agencies in
addition to those created by this Charter and may prescribe the functions of all such departments,
offices and agencies, except that no function assigned by this Charter to a particular department, office
or agency may be discontinued or assigned to any other except by ordinance adopted by the City
Commission.
B. Direction by City Manager. All city departments, offices and agencies under the direction and
supervision of the City Manager shall be administered by an officer appointed by and subject to the
direction and supervision of the City Manager. With the consent of the City Commission, the City
Manager may serve as the head of one (1) or more such departments, offices or agencies; provided,
however, that the City Manager may not serve as the Chief of Police or the City Clerk of the city.
§ C-26. City Attorney.
There shall be a City Attorney who shall be appointed by a majority of all members of the City Commission.
The City Attorney shall act as the attorney and counselor for the city. The City Attorney shall prepare and/or
review as to form and legality all contracts, agreements, bonds and other written instruments to which the city is a
party. When required to do so, the City Attorney shall prosecute and defend for and in behalf of the city all
complaints, suits and controversies in which the city is a party. The City Attorney shall furnish to the City
Commission and the City Manager an opinion on any question of law affecting the city and shall perform such
other professional duties as may be consistent with this Charter and required by ordinance or resolution of the City
Commission, prescribed for City Attorneys under the laws of Florida or otherwise requested by the City
Commission or the City Manager. The City Attorney shall be a lawyer admitted in and having authority to practice
in all courts of the State of Florida. The City Attorney may also serve as City Prosecutor, subject to the approval of
the City Commission, and may appoint such Assistant City Attorneys as the City Attorney deems necessary. Upon
recommendation of the City Attorney or the City Manager, the City Commission may retain special legal counsel to
represent the city. Upon request by any board, commission or committee of the city, the City Commission or the
City Manager shall appoint an attorney to assist such board, commission or committee. Upon the request of the
City Commission or the City Manager, the City Attorney shall provide assistance to any board, commission or
committee of the city.
§ C-27. Oath required; form. [Amended 12-1-2009 by Ord. No. 2009-030 17]
Every official of the city, before commencing the duties of office, shall take and subscribe to an oath or
affirmation to be filed with the City Clerk, which shall be in a form prescribed for state officers under the
constitution and the laws of Florida.
17Editor's Note: This ordinance was approved by the electorate of the City of Ocoee by referendum on 3-9-2010.
Said ordinance provided for an effective date of 6-1-2010.
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§ C-28. City Clerk.
A. Appointment; powers and duties. There shall be a City Clerk who shall be appointed by the City
Manager. The City Clerk shall be under the direction and supervision of the City Manager. The salary of
the City Clerk shall be determined by the City Manager, subject to the approval of the City Commission.
The powers and duties of the City Clerk shall be in accordance with this Charter, the laws of Florida and
the ordinances of the city and shall include, but not be limited to, the following:
(1) Giving notice of City Commission meetings.
(2) Attending all City Commission meetings and keeping minutes of such meetings to be signed by
the Mayor of the city and attested by the City Clerk.
(3) Acting as custodian of the City Seal, ordinances, resolutions and all papers and other
documentation pertaining to the affairs of the city.
(4) Preserving and filing all contracts and agreements to which the city is a party.
(5) Posting all ordinances when required to do so.
(6) Attesting to the Mayor's signature on all ordinances, resolutions, contracts, agreements and
other documents.
(7) Preserving and maintaining an Ordinance Book and a Resolution Book.
(8) Performing all other duties appropriate to the office of City Clerk as may be imposed by law,
required by city ordinance or directed by the City Manager.
B. Acting City Clerk. [Amended 12-1-2009 by Ord. No. 2009-030 18]
(1) The City Clerk may designate a qualified individual as an Acting City Clerk to exercise the powers
and perform the duties of City Clerk during the temporary absence of the City Clerk, subject to
the approval of the City Manager. In the event that the City Clerk is temporarily absent and fails
to designate someone as Acting City Clerk, the City Manager may then designate a qualified
individual to serve as an Acting City Clerk.
(2) The Acting City Clerk shall serve at the pleasure of the City Manager and may be removed by the
City Manager at any time, with or without cause. The removal of the Acting City Clerk shall not
affect, in any manner, any other positions such person may hold with the city.
(3) The Acting City Clerk shall serve until such time as the City Clerk resumes the position of City
Clerk, a new City Clerk is appointed by the City Manager or the Acting City Clerk is removed and a
new Acting City Clerk is appointed by the City Manager.
§ C-29. City Prosecutor.
The City Commission may appoint a City Prosecutor who may prosecute all offenses against the city's
ordinances and shall perform such other prosecutorial duties as may be directed by the City Commission. The
duties of the City Prosecutor shall include, but not be limited to, the following:
A. Preparing charges after examination into the facts and circumstances of each case.
18Editor's Note: This ordinance was approved by the electorate of the City of Ocoee by referendum on 3-9-2010.
Said ordinance provided for an effective date of 6-1-2010.
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B. Having all witnesses required on behalf of the city properly summoned.
C. When requested by the City Commission, preparing and submitting a complete report to the City
Commission on all cases in which the City Prosecutor has represented the city.
§ C-30. Personnel Board. [Amended 12-1-2009 by Ord. No. 2009-030 19]
A. Establishment of a Personnel Board. There shall be a Personnel Board consisting of five (5) members
appointed by the City Commission for terms of three (3) years. The members of the Personnel Board
shall be qualified electors of the city and shall serve at the pleasure of the City Commission. The
Personnel Board shall consist of at least one (1) city employee, one (1) City Commissioner, one (1)
person who holds a management position with the city and one (1) citizen of Ocoee who is not
employed by and does not hold office with the city. All members of the Personnel Board must be
qualified electors of the city during their entire term on the Personnel Board in order to remain a
member of such Board. Any city employee, City Commissioner or person holding a management
position with the city who is appointed to the Personnel Board must hold his respective position with
the city during his entire term on the Personnel Board in order to remain a member of such Board.
B. Vacancies. Any vacancy occurring during the term of any member of the Personnel Board shall be filled
by the City Commission for the remainder of the term. Such vacancy shall be filled within thirty (30)
days after the vacancy occurs.
C. Powers and duties. The Personnel Board shall be responsible for reviewing personnel policies for the
city which are submitted to them by the City Manager and recommending such policies to the City
Commission for adoption or amendment. The City Manager shall adhere to all personnel policies. The
Personnel Board shall also have such other powers and duties as may be established by ordinance by
the City Commission. [Amended 1-5-1999 by Ord. No. 99-0720]
ARTICLE VI Financial Procedures
§ C-31. Fiscal year.
The fiscal year of the city shall begin on the first day of October and end on the 30th day of September of the
following calendar year.
§ C-32. Submission of budget and budget message.
On or before the first day of August of each year, the City Manager shall submit to the City Commission a
budget for the ensuing fiscal year and an accompanying message.
§ C-33. Budget message.
The City Manager's message shall explain the budget both in fiscal terms and in terms of the work programs.
It shall outline the proposed financial policies of the city for the ensuing fiscal year, describe the important features
19Editor's Note: This ordinance was approved by the electorate of the City of Ocoee by referendum on 3-9-2010.
Said ordinance provided for an effective date of 6-1-2010.
20Editor's Note: This ordinance was approved by the electorate of the City of Ocoee by referendum 3-9-1999.
Said ordinance also provided for an effective date of 6-1-1999.
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of the budget, indicate any major changes from the current year in financial policies, expenditures and revenues,
together with the reasons for such changes, summarize the city's debt position and include such other material as
the City Manager deems desirable.
§ C-34. Budget.
The budget shall provide a complete financial plan of all city funds and activities for the ensuing fiscal year
and, except as required by law or this Charter, shall be in such form as the City Manager deems desirable or the
City Commission may require. In organizing the budget, the City Manager shall utilize the most feasible
combination of expenditure classification by fund, organization unit, program, purpose or activity and object. It
shall begin with a clear, general summary of its contents and shall show in detail all estimated income, indicating
the proposed millage rate for ad valorem taxes and all proposed expenditures, including debt service, for the
ensuing fiscal year. The budget shall be so arranged as to show comparative figures for the actual and estimated
income and expenditures of the current fiscal year and the actual income and expenditures of the preceding fiscal
year. It shall indicate in separate sections:
A. Proposed expenditures for current operations during the ensuing fiscal year, detailed by offices,
departments and agencies in terms of their respective work programs, and the method of financing
such expenditures.
B. Proposed capital expenditures during the ensuing fiscal year, detailed by offices, departments and
agencies when practicable, and the proposed method of financing each such capital expenditure.
C. Anticipated net surplus or deficit for the ensuing fiscal year of each utility owned or operated by the
city and the proposed method of its disposition; subsidiary budgets for each such utility giving detailed
income and expenditure information shall be attached as appendixes to the budget.
D. Proposed measures to be taken to reduce costs and conduct a more economical operation during the
fiscal year.
§ C-35. Balanced budget.
The City Commission shall adopt a budget in which the total expenditures for the fiscal year do not exceed
the total estimated revenues from all sources for such year, including, but not limited to, the issuance of bonds
and other indebtedness, cash reserves and any other funds as may be available to the city.
§ C-36. Capital Improvement Program. [Amended 12-1-2009 by Ord. No. 2009-030 21]
A. The City Manager shall prepare and submit to the City Commission a five-year capital program as part
of the annual budget. The capital program shall include:
(1) A clear, general summary of its contents.
(2) A list of all capital improvements which are proposed to be undertaken during the five (5) fiscal
years next ensuing, with appropriate supporting information as to the necessity for such
improvements.
(3) Cost estimates, method of financing and recommended time schedules for each such
improvement.
21Editor's Note: This ordinance was approved by the electorate of the City of Ocoee by referendum on 3-9-2010.
Said ordinance provided for an effective date of 6-1-2010.
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(4) The amount of budget appropriated in prior fiscal years, if any, for each such improvement.
B. The above information may be revised and extended each year with regard to capital improvements
still pending or in the process of construction or acquisition.
C. At any time during the fiscal year, the City Commission may, by resolution, add, delete, or revise the
scope and funding of capital projects contained in the Capital Improvement Program.
§ C-37. Adoption of budget. [Amended 12-1-2009 by Ord. No. 2009-030 22]
The public shall be given advance notice of all meetings of the City Commission at which the proposed
budget is to be considered. Such notice shall be published in a newspaper of general circulation in the City of
Ocoee at least seven (7) days before any such meeting. The budget shall be finally adopted at a public meeting of
the City Commission in accordance with the laws of Florida.
§ C-38. Amendments after adoption.
A. Supplemental appropriations. If during the fiscal year the City Manager certifies that there are available
for appropriation revenues in excess of those estimated in the budget, the City Commission by
ordinance may make supplemental appropriations for the year up to the amount of such excess.
B. Reduction of appropriations. If at any time during the fiscal year it appears probable to the City
Manager or City Commission that the revenues available will be insufficient to meet the amount
appropriated, the City Manager shall report to the City Commission without delay the estimated
amount of the deficit, any remedial action taken by the City Manager and any recommendations as to
any other steps to be taken. The City Commission shall then take such further action as it deems
necessary to prevent or minimize any deficit, and for that purpose it may by ordinance reduce one (1)
or more appropriations.
C. Transfer of appropriations within departments. At any time during the fiscal year the City Manager or
City Commission may transfer part or all of any unencumbered appropriation balance among programs
within a department, office or agency.
D. Transfer of appropriations between departments. The City Commission may by ordinance transfer part
or all of any unencumbered appropriation balance from one (1) department, office or agency to
another.
E. Limitations. No appropriation for debt service may be reduced or transferred, and no appropriation
may be reduced below any amount required by law to be appropriated or by more than the amount of
the unencumbered balance thereof.
§ C-39. Lapse of appropriations.
Every appropriation, except an appropriation pursuant to a five-year capital program under § C-36, shall
lapse at the close of the fiscal year to the extent that it has not been expended or encumbered. An appropriation
pursuant to a five-year capital program shall continue in force until the purpose for which it was made has been
accomplished or abandoned; the purpose of any such appropriation shall be deemed abandoned if three (3) years
pass without any disbursement from or encumbrance of the appropriation.
22Editor's Note: This ordinance was approved by the electorate of the City of Ocoee by referendum on 3-9-2010.
Said ordinance provided for an effective date of 6-1-2010.
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§ C-40. Depositories of city fund.
The City Commission shall at its first regular meeting of each fiscal year designate depositories for city funds.
Any bank located in the City of Ocoee or Orange County, state or national, and authorized to do business in the
State of Florida which will deposit collateral authorized by the laws of Florida in such an amount as required by the
laws of Florida or in such higher amount as the City Commission may determine and require for the protection of
deposits may be designated by the City Commission as a city depository. Such depository shall then be authorized
and entitled to receive funds of the City of Ocoee. The accounts of the city in any bank acting as a depository shall
be subject at all times to inspection and audit by the City Auditor.
§ C-41. Accurate accounts of money to be kept.
The City Commission shall cause to be kept accurate accounts and a complete set of books as may be
required under the laws of Florida.
§ C-42. Expend or contract to expend money.
Unless the City Commission otherwise provides by resolution, no office, department or board shall, during
any budget year, expend or contract to expend any money, incur any liability or enter into any contract which by
its terms involves the expenditure of money for any purpose in excess of the amounts appropriated for that
general classification or expenditure pursuant to this Charter. Any contract, oral or written, made in violation of
this section or any section in this Charter shall be null and void. Any contract which by its terms involves the
expenditure of money for a period exceeding the budget year in which such contract is made, when such contract
is otherwise permitted by law, shall be valid only if approved or authorized by the City Commission.
§ C-43. Investment of surplus funds.
The City Commission shall have authority to invest any surplus funds of the city in funds or investments
authorized for such purposes by the laws of Florida, but no such investments shall be purchased at a higher price
than their market price at the time of such purchase, and no bonds shall be purchased until the City Attorney shall
have approved the legality of the issue of such bonds.
ARTICLE VII Nominations and Elections
§ C-44. Identification of City Commissioner. [Amended 9-20-1988 by Ord. No. 88-28]
Each City Commissioner shall be elected to a seat number as set forth hereinbelow and shall represent a
single-member district as set forth under § C-68 of Article XI of this Charter. Seat numbers and their corresponding
single-member districts shall be shown on qualification forms, ballots and other election records.
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§ C-45. Election dates and terms of office. [Amended 4-2-1996 by Ord. No. 96-05; 10-7-1997
by Ord. No. 97-20; 1-5-1999 by Ord. No. 99-07 23; 10-3-2017 by Ord. No. 2017-0254 ]
A. Beginning in March 2021, regular municipal elections shall be held annually on the second Tuesday in
March of each odd-numbered year. The terms of office of the Mayor and City Commissioners shall be
as follows:
(1) The Mayor shall be elected for a four-year term at a regular municipal election to be held in
March 2019 and shall thereafter be elected for a four-year term at a regular municipal election to
be held every four (4) years thereafter.
(2) Two (2) City Commissioners shall be elected for four-year terms at a regular municipal election to
be held in March 2021 and shall thereafter be elected for four-year terms at a regular municipal
election to be held every four (4) years thereafter. Such City Commissioners shall be elected to
Seat No. 2 and Seat No. 4.
(3) Two (2) City Commissioners shall be elected for four-year terms at a regular municipal election to
be held in March 2019 and shall thereafter be elected for four-year terms at a regular municipal
election to be held every four (4) years thereafter. Such City Commissioners shall be elected to
Seat No. 1 and Seat No. 3.
B. Notwithstanding the above, the term of office of any person elected to the office of Mayor or the office
of City Commissioner shall commence upon being sworn into office and continue until such time as his
or her respective successor is sworn into office. Any person elected to the office of Mayor or the office
of City Commissioner shall be sworn into office at 7:00 p.m. on the day of the next regularly scheduled
City Commission meeting held after the results of the election are declared by the Canvassing Board as
set forth in section C-50 of this charter. The incumbent Mayor and City Commissioners in office on the
date of approval of this provision by the voters of the City shall continue to hold their respective offices
until their successors are sworn into office. Notwithstanding the foregoing, in the event that no
candidate qualifies for the office of Mayor or a specific seat on the City Commission, then such office or
seat shall be declared vacant by the Canvassing Board at its meeting following the regular municipal
election.
§ C-46. General election rules.
The following rules shall be applicable to elections for the office of Mayor and the office of City
Commissioner:
A. Any candidate for Mayor who receives a majority of the votes cast for such office shall be elected.
B. Any candidate for each separate City Commission seat who receives a majority of the votes cast for
such office shall be elected.
C. In the event that no candidate for a city elective office receives a majority of the votes cast for that
office, then a runoff election between the two (2) candidates who received the most votes for such
23Editor's Note: This ordinance was approved by the electorate of the City of Ocoee by referendum 3-9-1999.
Said ordinance also provided for an effective date of 6-1-1999.
Editor's Note: This ordinance was approved by the electorate of the City of Ocoee by referendum 3-13-2018.
Said ordinance also provided for an effective date of 6-1-2018.
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office shall be held at least seven (7) days and no more than thirty (30) days following the regular
municipal election for such office.
§ C-47. Qualifications of electors.
Any person who is a resident of the City of Ocoee, who has qualified as an elector of the State of Florida and
who registers in the manner prescribed by general law shall be an elector of the City of Ocoee.
§ C-48. Registration of electors.
Electors of the City of Ocoee shall register with the appropriate officials of Orange County, Florida. The City
Commission shall have authority to make such arrangements as may be necessary for the attainment and/or
certification of the list of eligible electors qualified to vote in a city election.
§ C-49. Conduct of elections. [Amended 12-1-2009 by Ord. No. 2009-030 24]
The City Commission shall designate the places of polling for all city elections and shall give notice of all city
elections in accordance with the laws of Florida. Except as otherwise set forth herein, the City Commission shall by
ordinance provide for the printing of ballots, the conduct of elections, including absentee procedures, the canvass
of returns, and all similar election details. Such ordinance shall, to the extent possible, ensure the secrecy of the
ballot and the integrity of the poll.
§ C-50. Certification of results; canvass of returns; notification of successful candidates.
[Amended 12-1-2009 by Ord. No. 2009-03025]
The results of the voting at each polling place when ascertained shall be certified by return in duplicate
signed by the Clerk and a majority of the inspectors of the election, one (1) copy being delivered by the Clerk and
inspectors to the Mayor and the other to the City Clerk, both of whom shall transmit such return to a public
meeting of the Canvassing Board, which will consist of three (3) citizens appointed by the City Commission. The
Canvassing Board shall canvass the returns and shall declare the results of the canvass as the results of the election
in a manner provided by city ordinance or as otherwise required by law. A majority of the Canvassing Board shall
constitute a quorum thereof. Notwithstanding the foregoing, with the agreement of the Orange County Canvassing
Board and Orange County Supervisor of Elections, the City Commission may, by ordinance, assign and abdicate the
canvassing responsibilities of the City Canvassing Board to the Orange County Canvassing Board. In such event, the
Orange County Canvassing Board shall canvass the returns and shall declare the results of the canvass as the
results of the election in a manner provided by city ordinance or as otherwise required by law.
§ C-51. Names on ballots.
The full names of all candidates for election to the City Commission, except those who have withdrawn, died
or become ineligible, shall be printed on the official ballots without party designation or symbol. The names of the
candidates shall be arranged in the alphabetical order of their surnames.
24Editor's Note: This ordinance was approved by the electorate of the City of Ocoee by referendum on 3-9-2010.
Said ordinance provided for an effective date of 6-1-2010.
25Editor's Note: This ordinance was approved by the electorate of the City of Ocoee by referendum on 3-9-2010.
Said ordinance provided for an effective date of 6-1-2010.
Page 21 of 43
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(Supp. No. 53)
Page 21 of 27
§ C-52. Ballots for ordinances and Charter amendments.
An ordinance, a charter amendment or any other matter to be voted on by the electors of the city shall be
presented for voting by ballot title. The ballot title of a measure may differ from its legal title and shall be a clear,
concise statement describing the substance of the measure without argument or prejudice. Below the ballot title
shall appear the following question: "Shall the above-described (ordinance) (amendment) be adopted?"
Immediately below such question shall appear the words "yes" and "no." The elector shall cast a vote by choosing
either "yes" or "no" in the manner required by the Supervisor of Elections.
ARTICLE VIII Levy of Taxes and Issuance of Bonds
§ C-53. Power of city to levy taxes; maximum levy.
The City of Ocoee shall have the power to levy taxes each year for the ordinary purposes of the municipality,
provided that such levy shall not exceed ten (10) mills on the assessed valuation of taxable property within its
limits or such limitations as established by the laws of Florida.
§ C-54. General obligation bonds.
A. The city shall have the power to issue general obligation bonds in an aggregate principal amount of
bonds outstanding at any one (1) time not in excess of twenty-five percent (25%) of the assessed value
of the taxable property within the city as shown on the pertinent tax records at the time of the
authorization of the general obligation bonds for which the full faith and credit of the city is pledged.
Except for refunding bonds, no general obligation bonds shall be issued unless the issuance thereof
shall have been approved by the electors of the city at an election held in accordance with the
requirements for such election as prescribed by the Constitution and the laws of Florida.
B. The city may pledge its full faith and credit for the payment of the principal and interest on such
general obligation bonds and for any reserve or other funds provided therefor, and the city may
unconditionally and irrevocably pledge itself to levy ad valorem taxes on all taxable property in the city
to the extent necessary for the payment thereof.
C. If the city shall determine to issue general obligation bonds for more than one (1) different purpose,
the approval of the issuance of the bond for each and all such purposes may be submitted to the
electors separately on one and the same ballot. The failure of the electors to approve the issuance of
bonds for any one (1) or more purposes shall not defeat the approval of bonds for any purpose which
shall be approved by the electors.
§ C-55. Powers declared additional to state law.
Except as set forth in § C-54 of this Article, this Article shall not be construed as in any way restricting or
superseding any of the provisions of any general law of Florida relating to the taxing and bond issuance powers of
municipalities but shall provide an alternative and supplementary method for the exercise of the powers granted
in this Charter; and the city shall be fully authorized to exercise any powers provided in such general laws upon
compliance only with the provisions of such general laws.
ARTICLE IX General Provisions
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Page 22 of 27
§ C-56. Personal financial interest.
All city officers and employees shall comply with the Code of Ethics for Public Officers and Employees 26 or
such other laws as may be enacted by the Florida Legislature governing the conduct and ethics of public officers
and employees, as set forth under the laws of Florida. Any violation of this section by a city officer or employee
shall constitute grounds for forfeiture of the office or position held by such officer or employee. Any violation of
this section shall render any contracts with the city voidable by the City Manager or the City Commission if the
person or entity contracting with the city had express or implied knowledge of such violation. Nothing contained
herein shall be construed to deprive any city officer or employee of such officer's or employee's right to due
process under the Constitution and the laws of the United States and the State of Florida.
§ C-57. Construction of Charter.
Except as otherwise provided herein, the provisions of this Charter shall be liberally construed to effect its
purpose and shall be deemed cumulative, supplemental and alternative authority for the exercise of the powers
provided herein.
§ C-58. Severability of provisions.
If any sentence, phrase, paragraph, provision or portion of this Charter is for any reason held invalid,
unenforceable or unconstitutional by any court of competent jurisdiction, such portion shall be deemed to be a
separate, distinct and independent provision and such holding shall not in any way affect the validity of the
remaining portion thereof. If any sentence, phrase, paragraph, provision or portion of the Charter is held invalid,
unenforceable or unconstitutional in its application to any person or circumstance, the application of the Charter
and its provisions to other persons or circumstances shall not be affected thereby.
ARTICLE X Charter Review Commission
§ C-59. Appointment of members; alternate members; absences. [Amended 12-1-2009 by
Ord. No. 2009-030 27; 10-3-2017 by Ord. No. 2017-0252]
(1) A Charter Review Commission shall be appointed by the City Commission no later than December 15 in
the year 1999 and no later than December 15 every ten (10) years thereafter. A Charter Review
Commission may also be appointed by the City Commission at such times as deemed necessary by the
City Commission. The Charter Review Commission shall consist of five (5) members who shall be
appointed by a majority vote of the City Commission and who shall serve on such Commission for
terms of one (1) year unless such terms are extended by the City Commission. The Mayor shall also
appoint a first and second alternate member, subject to the approval of the City Commission, who may
fill in for any member absent from a Charter Review Commission meeting.
26Editor's Note: See F.S. § 112.311 et seq.
27Editor's Note: This ordinance was approved by the electorate of the City of Ocoee by referendum on 3-9-2010.
Said ordinance provided for an effective date of 6-1-2010.
Editor's Note: This ordinance was approved by the electorate of the City of Ocoee by referendum 3-13-2018.
Said ordinance also provided for an effective date of 6-1-2018.
Page 23 of 43
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Page 23 of 27
(2) Alternate members shall serve as a regular member of the Charter Review Commission; provided,
however, an alternate member may not vote on a matter unless a member is absent. If a member is
absent, the first alternate may vote on a matter in the place of the absent member. If a second
member is absent, the second alternate may vote on a matter in the place of the second absent
member.
(3) Absence by any member, including the alternates, from three (3) meetings of the Charter Review
Commission shall result in automatic removal of the absent member and vacation of the seat of the
absent member, whether such member's absence is excused or unexcused.
§ C-60. Removal; vacancies.
A. Removal. Any member of the Charter Review Commission may be removed by the City Commission in
accordance with the following procedures:
(1) The City Commission shall adopt by affirmative vote of a majority of all its members a preliminary
resolution which must state the reasons for removal. A copy of the resolution shall be promptly
delivered to the member of the Charter Review Commission sought to be removed.
(2) Within five (5) days after a copy of the resolution is delivered to the member sought to be
removed, such member may file with the City Commission a written reply and/or a written
request for a public hearing. This hearing shall be held at a City Commission meeting no earlier
than fifteen (15) days and no later than thirty (30) days after the request is filed.
(3) The City Commission may adopt by affirmative vote of a majority of all its members a final
resolution of removal, which may be made effective immediately. Such resolution, if adopted,
must be adopted no earlier than six (6) days and no later than thirty (30) days from the date a
copy of the preliminary resolution was delivered to the member sought to be removed, if such
member has not requested a public hearing. If such member has requested a hearing, such
resolution, if adopted, must be adopted within forty-five (45) days from the date of the hearing.
B. Vacancies. In the event of a vacancy on the Charter Review Commission, the first alternate will assume
the vacant seat. In the event of a second vacancy on the Charter Review Commission, the second
alternate will assume the vacant seat. If any vacancy occurs in the Charter Review Commission and no
alternate member is available to assume the vacant seat, a qualified individual shall be appointed by
the City Commission to serve in place of the member who created the vacancy. Such vacancy shall be
filled within thirty (30) days after the vacancy occurs. [Amended 10-3-2017 by Ord. No. 2017-025 28]
§ C-61. Powers and duties. [Amended 12-1-2009 by Ord. No. 2009-030 29; 10-3-2017 by Ord.
No. 2017-0253]
The Charter Review Commission shall be empowered to conduct a comprehensive study of any or all phases
of city government. If changes are recommended, the Charter Review Commission shall transmit its proposed
28Editor's Note: This ordinance was approved by the electorate of the City of Ocoee by referendum 3-13-2018.
Said ordinance also provided for an effective date of 6-1-2018.
29Editor's Note: This ordinance was approved by the electorate of the City of Ocoee by referendum on 3-9-2010.
Said ordinance provided for an effective date of 6-1-2010.
Editor's Note: This ordinance was approved by the electorate of the City of Ocoee by referendum on 3-13-2018.
Said ordinance provided for an effective date of 6-1-2018.
Page 24 of 43
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Page 24 of 27
report with Charter amendments in ordinance form to the City Commission for comment. The City Commission
shall, within 45 days of receipt, review the report. If the City Commission has comments or recommendations, the
City Commission will return its comments or recommendations, if any, to the Charter Review Commission within
the same 45 day period. The Charter Review Commission shall consider the comments or recommendations of the
City Commission and then shall make its own final report to the City Commission, in ordinance form, which shall be
adopted verbatim by the City Commission and which shall be placed on the ballot at the next municipal election.
The final report and ordinance must be adopted by the City Commission at least ninety (90) days prior to the
election, or as otherwise may be required by law. In the same election, the City Commission may sponsor its own
proposal for inclusion on the ballot. In the event of any conflict among proposals, that proposal receiving the
greatest number of affirmative votes shall prevail to the extent of such conflict.
§ C-62. [Repealed]. [Amended 12-1-2009 by Ord. No. 2009-030]
§ C-63. Officers.
The Charter Review Commission shall create and elect appropriate officers as it deems necessary for the
orderly conduct of its specific duties.
§ C-64. Expenses.
The City Commission shall appropriate funds to defray reasonable expenses of the Charter Review
Commission.
ARTICLE XI Single-Member Districts
[Added 9-20-1988 by Ord. No. 88-28]
§ C-65. Number of districts.
The City of Ocoee shall be divided into four (4) single-member districts effective upon the adoption of the
initial geographic boundaries of such districts by the City Commission of the City of Ocoee.
§ C-66. Establishment of Districting Commission; alternate members; absences. [Amended 10-
3-2017 by Ord. No. 2017-025 30]
A. (1) Appointment of members. The City Commission shall establish a Districting Commission after April 1,
2021 or within three (3) months of receipt of the 2020 census data, whichever is earlier, and every ten
(10) years thereafter a new Districting Commission shall be appointed by the City Commission within
three (3) months of receipt of the relevant census data. A Districting Commission may also be
appointed by the City Commission at such other times as deemed necessary by the City Commission.
The Districting Commission shall consist of five (5) members and a first and second alternate member
who shall be appointed by majority vote of the City Commission and who shall serve on such
commission for terms of one (1) year, unless such terms are extended by the City Commission.
30Editor's Note: This ordinance was approved by the electorate of the City of Ocoee by referendum on 3-13-
2018. Said ordinance provided for an effective date of 6-1-2018.
Page 25 of 43
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(2) Alternate members shall serve as a regular member of the Districting Commission; provided, however,
an alternate member may not vote on a matter unless a member is absent. If a member is absent, the
first alternate may vote on a matter in the place of the absent member. If a second member is absent,
the second alternate may vote on a matter in the place of the second absent member.
(3) Absence by any member, including the alternates, from three (3) meetings of the Districting
Commission shall result in automatic removal of the absent member and vacation of the seat of the
absent member, whether such member's absence is excused or unexcused.
B. Removal; vacancies.
(1) Removal. Any member of the Districting Commission may be removed by the City Commission in
accordance with the following procedures:
(a) The City Commission shall adopt by affirmative vote of a majority of all its members a
preliminary resolution which must state the reasons for removal. A copy of the resolution
shall be promptly delivered to the member of the Districting Commission sought to be
removed.
(b) Within five (5) days after a copy of the resolution is delivered to the member sought to be
removed, such member may file with the City Commission a written reply and/or a written
request for a public hearing. This hearing shall be held at a City Commission meeting no
earlier than fifteen (15) days and no later than thirty (30) days after the request is filed.
(c) The City Commission may adopt by affirmative vote of a majority of all its members a final
resolution of removal, which may be made effective immediately. Such resolution, if
adopted, must be adopted no earlier than six (6) days and no later than thirty (30) days
from the date a copy of the preliminary resolution was delivered to the member sought to
be removed, if such member has not requested a public hearing. If such member has
requested a hearing, such resolution, if adopted, must be adopted within forty-five (45)
days from the date of the hearing.
(2) Vacancies. In the event of a vacancy on the Districting Commission, the first alternate will assume
the vacant seat. In the event of a second vacancy on the Districting Commission, the second
alternate will assume the vacant seat. If any vacancy occurs in the Districting Commission and no
alternate member is available to assume the vacant seat, a qualified individual shall be appointed
by the City Commission to serve in place of the member who created the vacancy. Such vacancy
shall be filled within thirty (30) days after the vacancy occurs.
C. Powers and duties.
(1) The Districting Commission shall serve as an advisory body to the City Commission with respect
to the redistricting of the geographic boundaries of the four (4) single-member districts of the
City of Ocoee.
(2) Upon its appointment in 2021, the Districting Commission shall review the most current, official
census data, together with all other data relevant to the adjustment of geographic boundaries of
the four (4) single-member districts.
(3) The Districting Commission shall prepare a report to the City Commission containing
recommendations, if any, for the adjustment of district boundaries.
(4) All recommendations concerning the geographic boundaries of single-member districts shall be
prepared in compliance with the legal standards relating to redistricting including but not limited
to the following criteria:
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(Supp. No. 53)
Page 26 of 27
(a) Each district shall be formed of compact, contiguous territory and shall be as rectangular as
possible. To the extent possible, the boundary lines of each district shall follow the center
lines of streets.
(b) The districts shall be based upon the principle of equal and effective representation as
required by the United States Constitution.
(c) The boundaries of each district shall, to the extent possible, be aligned with the boundaries
of the county precincts within the city and with the boundaries of the city.
(d) All reports containing recommendations shall include a map that sets forth the proposed
boundaries of each district.
D. Recommendations to the City Commission. All reports of the Districting Commission shall be available
to the public and submitted to the City Commission in accordance with such reasonable deadlines as
may be established by the City Commission or as may otherwise be required by law. Within two (2)
months of the receipt of any such reports, the City Commission shall accept or reject the
recommendations contained therein, or the City Commission may send such reports back to the
Districting Commission for further study and consideration. The subsequent redistricting of the
geographic boundaries of the four (4), single-member districts shall be done by ordinance by the City
Commission; provided, however, that the City Commission shall not redistrict such boundaries until
after receipt of a report from the Districting Commission containing recommendations relating thereto,
unless the Districting Commission fails to deliver its report by the deadline established by the City
Commission.
E. Officers. The Districting Commission shall create and elect appropriate officers as it deems necessary
for the orderly conduct of its specific duties.
F. Support. It shall be the responsibility of the Planning Department, or such other department as may be
designated by the City Manager, to provide technical data and assistance to the Districting
Commission. City staff shall also be available to assist the Districting Commission as needed.
G. Expenses. The City Commission shall appropriate funds to defray reasonable expenses of the Districting
Commission.
§ C-67. Date of adoption of initial districts.
The City Commission shall adopt by ordinance the initial geographic boundaries of the four (4) single-
member districts after receipt of a report by the Districting Commission containing recommendations concerning
such boundaries, but in no event shall such initial boundaries be adopted later than June 1, 1992. Such ordinance
shall designate four (4) single-member districts which will be identified in such ordinance as District Nos. 1, 2, 3
and 4.
§ C-68. Representation of districts.
In order to harmonize the terms of the present members of the City Commission with the form of
government establishment by this Article, it is hereby provided that effective upon the adoption of the initial
geographic boundaries of the single-member districts by the City Commission, each single-member district shall be
represented by an incumbent City Commissioner as set forth below:
A. District No. 1 shall be represented by the City Commissioner previously elected to Seat No. 1 for the
duration of such Commissioner's current elected term of office.
B. District No. 2 shall be represented by the City Commissioner previously elected to Seat No. 2 for the
duration of such Commissioner's current elected term of office.
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(Supp. No. 53)
Page 27 of 27
C. District No. 3 shall be represented by the City Commissioner previously elected to Seat No. 3 for the
duration of such Commissioner's current elected term of office.
D. District No. 4 shall be represented by the City Commissioner previously elected to Seat No. 4 for the
duration of such Commissioner's current elected term of office.
§ C-69. District residency requirements.
Effective upon the adoption of the initial geographic boundaries of the single-member districts by the City
Commission, the City Commissioners shall be required to comply with the following residency requirements:
A. The Commissioners to be elected in November 1992 must be bona fide residents of their respective
districts as of the date of qualifying to run for office in order to qualify for and hold office as a
Commissioner for their respective districts. Thereafter the City Commissioners representing said
districts and elected to said seats must be bona fide residents of their respective districts in order to
qualify for and to hold the office of Commissioner as required under § C-11 of Article III of this Charter.
B. The Commissioners to be elected at the next general municipal election following the November 1992
election must be bona fide residents of their respective districts as of the date of qualifying to run for
office in order to qualify for and hold office as a Commissioner for their respective districts. Thereafter
the City Commissioners representing said districts and elected to said seats must be bona fide
residents of their respective districts in order to qualify for and to hold the office of Commissioner as
required under § C-11 of Article III of this Charter.
C. Notwithstanding any provision contained herein to the contrary, any member of the City Commission
who ceases to be a bona fide resident of the district which such member represents as a result of
redistricting or a change in district boundaries by the City Commission shall continue to hold office for
the duration of such members' term and shall continue to represent such district. [Added 12-1-2009 by
Ord. No. 2009-030 31]
§ C-70. Annexed territory.
After the establishment of the initial geographic boundaries of the districts, any territory annexed to or
consolidated with the City of Ocoee shall, at the time of such annexation or consolidation, be added to an adjacent
district or districts by an ordinance of the City Commission which may be a part of the annexation or consolidation
ordinance.
§ C-71. Redistricting.
The City Commission shall, by ordinance adopted by a majority vote of all the members of the City
Commission, redistrict the geographic boundaries of each single-member district after each official decennial
census conducted by the United States Government and, to the extent permitted by law, after receipt of a report
by the Districting Commission containing recommendations, if any, for the adjustment of district boundaries as
required under § C-66 of this Article. District boundaries shall not be changed less than four (4) months prior to a
regular municipal election, except to include territory annexed to or consolidated with the city. All redistricting of
district boundaries shall be in accordance with the Constitutions and the laws of the United States and of Florida
and the provisions of § C-66C(4)(a) through (d) of this Article.
31Editor's Note: This ordinance was approved by the electorate of the City of Ocoee by referendum on 3-9-2010.
Said ordinance provided for an effective date of 6-1-2010.
Page 28 of 43
CITY CHARTER COMPARISON MATRIX
WORKING DRAFT - 6/5/23
OCOEE WINDERMERE APOPKA WINTER GARDEN WINTER PARK OTHER
C-8: POWERS OF THE CITY
Discussion: Allow liberal
construction of the City’s
powers without restriction to
particular powers?
Discussion: Preemption of
Municipal Powers:
Federal law can preempt and
supersede state law under the
Supremacy Clause of the
United States Constitution.
The State of Florida and
Orange County can preempt
and supersede municipal law.
On a case by case basis,
municipalities can draft
legislation narrowly to avoid
contradicting state law and
preemption challenges.
Proposed language: “City
ordinances shall be construed
as narrowly as required to
avoid or minimize preemption
by County, State, or Federal
law. Any provision or portion
of a City ordinance that is
preempted by County, State,
or Federal law shall be
severed from the ordinance,
provided that a purpose of the
ordinance, as determined by
the City, can be effected,
thereby preserving the validity
of the remaining provisions or
portions of the ordinance.”
§ C-8. Powers of the city.
The City of Ocoee shall have
all governmental, corporate
and proprietary powers and all
other powers possible for a
city to have under the
Constitution and the laws of
Florida as fully and completely
as though they were
specifically enumerated in this
Charter. Except as otherwise
provided herein, the following
powers of the city shall be
construed liberally and in
favor of the city, and the
specific mention of particular
powers in the Charter shall not
be construed as limiting, in
any way, the powers granted
to the city under the
Constitution and the laws of
Florida:
Article IV – Powers of the
Town
The Town shall have all
governmental, corporate and
proprietary powers and
authority to enable it to: 1)
conduct municipal
government, 2) perform
municipal functions and 3)
render municipal services. The
Town may exercise any power
for municipal purposes except
as otherwise provided by law.
The powers of the Town
shall be construed liberally
in favor of the municipality,
limited only by the
Constitution, the laws of
Florida, and specific
limitations contained herein.
The specific mention of
particular powers in this
Charter shall not be construed
as limiting in any way the
general power granted in this
article.
•
Sec. 1.03. - General powers
of city.
The city shall have all
governmental, corporate, and
proprietary powers possible
for a city to have under the
constitution and laws of the
State of Florida as though
they were specifically
enumerated in this Charter to
enable it to conduct municipal
government, perform
municipal functions and
render municipal services,
and the city may exercise any
power for municipal purposes
except as expressly
prohibited by law or this
Charter.
Sec. 1.04. - Construction.
The powers of the city shall
be construed liberally in favor
of the city, limited only by the
constitution and general and
special laws of the State of
Florida and specific limitations
in this Charter.
• Sec. 3. - Powers of
city; general.
The City of Winter Garden
hereby created, established
and organized, shall have all
governmental, corporate, and
proprietary powers and
authority to enable it to
conduct municipal
government; perform
municipal functions; and
render municipal services,
and may exercise any power
for municipal purposes except
as otherwise provided by law.
The powers of the City of
Winter Garden shall be
construed liberally in favor of
the municipality, limited only
by the Constitution, general
law, and specific limitations
contained herein. The specific
mention of particular powers
in the charter shall not be
construed as limiting in any
way the general power
granted in this section.
Sec. 1.01. - Creation,
powers, and construction.
The City of Winter Park is
created which shall have all
governmental, corporate, and
proprietary powers to enable
it to conduct municipal
government, perform
municipal functions and
render municipal services,
and may exercise any power
for municipal purposes except
as otherwise provided by law.
The powers of the city under
this Charter shall be
construed liberally in favor of
the city, and the specific
mention of particular powers
in the Charter shall not be
construed as limiting in any
way the general power
granted in this article.
Resign to Run Statute
Page 29 of 43
Page 2 of 15
OCOEE WINDERMERE APOPKA WINTER GARDEN WINTER PARK OTHER
Fla. Stat. § 99.012(3)(a):
No officer may qualify as a
candidate for another state,
district, county, or municipal
public office if the terms or
any part thereof run
concurrently with each other
without resigning from the
office he or she presently
holds.
(b) The resignation is
irrevocable.
(c) The written resignation
must be submitted at least
10 days prior to the first day
of qualifying for the office he
or she intends to seek.
(d) The resignation must be
effective no later than the
earlier of the following dates:
1. The date the
officer would take
office, if elected; or
2. The date the
officer’s successor is
required to take
office.
Discussion: Should the CRC
propose to amend C-17 to
require an election to fill a
vacancy be required at the
same election in which the
vacating Commissioner or
Mayor is running?
The Mayor suggested that the
resign-to-run statute has been
applied differently for different
races.
ELECTIONS
Page 30 of 43
Page 3 of 15
OCOEE WINDERMERE APOPKA WINTER GARDEN WINTER PARK OTHER
ARTICLE III
CITY COMMISSION
DISCUSSION (The Orange
County Supervisor of Elections
proposes that municipalities
eliminate run-off elections and
allow victory by plurality
instead of majority):
C-9: Run-off Election.
Pro: Save costs;
administrative efficiency
Cons: Candidates need to
appeal to a smaller portion of
the electorate in a multi-person
race to win a seat. To obtain a
majority, which is currently
required to win a seat, a
candidate must appeal to a
larger portion of the electorate.
Citizens may perceive a victory
by plurality with less legitimacy
than a victory by majority.
RELATED: C-46
C-9: …. The Mayor pro tem
shall be elected at the first City
Commission meeting following
the swearing in of the
candidates elected at each
general city election (unless
there is a runoff election, in
which case the Mayor pro tem
shall be elected at the first City
Commission meeting following
the swearing in of the
candidates elected at such
runoff election) and shall serve
as Mayor pro tem until the
successor is elected.
No provision for run-off
election.
Sec. 30-25. - Run-
off elections.
(a) Any candidate for city
office who receives a majority
of the votes cast in the first
city election for such office
shall be declared elected to
such office.
(b) If, at the first election, no
candidate for the office of
mayor receives a majority of
the votes cast for such office,
a run-off election shall be held
between the two candidates
for such office who received
the highest number of votes
at the first election. The
candidate receiving the
highest number of votes for
the office of mayor in the run-
off election shall be declared
to have been elected to the
office of mayor.
(c) If at the first election no
candidate for a city
commissioner's seat receives
a majority of the votes cast in
such election for such seat, a
run-off election shall be held
between the two candidates
for the seat who received the
highest number of votes. In
such run-off election, the
person receiving the highest
number of votes for the seat
shall be declared elected to
such council seat.
(d) All run-off elections shall
be held on the second
Tuesday of April of the
election year.
Sec. 2-251. - General
and runoff elections; taking
office.
(b) Runoff election date. If no
single candidate receives
greater than 50 percent of the
votes cast within a district
general election, a runoff
election shall be held on the
second Tuesday of the month
following the month of the
district general election
producing the need for a
runoff. If necessary, the city
commission may change the
date of the runoff election by
resolution to coordinate the
runoff election with other
municipalities' elections or to
comply with requirements of
the county supervisor of
elections, provided that such
runoff election is held no later
than seven weeks after the
general election warranting
the runoff. The two
candidates receiving the
greatest votes within a district
shall be the only candidates
on the ballot for such runoff
election. In the event there is
a tie between the second and
third placing candidates within
a district, such candidates will
draw lots with the city clerk to
determine who will be placed
on the runoff ballot as soon as
possible after the election
results have been certified by
the canvassing board. In the
event of a tie during the runoff
election, the winner of the
runoff election shall be
selected by a flip of a coin
administered by the city clerk.
Sec. 3.04. - Elections.
(a) General city election. If
more than one person
qualifies as candidate for the
office of city commissioner for
any designated seat of the
city commission to be filled or
for the office of mayor, there
shall be a general election
which shall be held on the
second Tuesday in March. If
any candidate in the
general election receives a
majority of the votes cast
for a designated seat, such
candidate shall be declared
elected and shall assume
office in accordance with
Section 2.04 of this Charter. If
no candidate receives a
majority of votes cast for a
designated seat, the two (2)
persons receiving the
highest number of votes
cast shall be declared
candidates for a run-off
election to be held in
accordance with
subparagraph (c) of this
Section, and the person then
holding such seat shall
continue to serve on a
temporary basis until the seat
is filled via the run-off
election.
(c) Run-off election. If no
candidate receives a majority
of votes cast for a designated
seat in the general city
election, the two (2) persons
receiving the highest number
of votes cast for such seat
shall be declared candidates
in a run-off election to be held
Maitland voters rejected a
proposed Charter
amendment to eliminate run-
off elections.
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on the second Tuesday in
April. The candidate who
receives the majority of the
votes cast in the run-off
election shall be declared
elected and shall assume
office on the date of the first
City Commission meeting
following certification of the
run-off election results. The
term of office for such
prevailing candidate shall run
until the date on which such
term would have expired if the
prevailing candidate had been
elected in the general
election.
C-11: Eligibility. Residency
Requirement and Proof.
(What does Statute require?)
Discussion: City
Commissioners discussed
adding a 1 year residency
requirement for candidates
for the Commission.
(1) Add 1 year residency
requirement:
“Each candidate for the office
of Mayor shall, at the time of
for at least one year before
qualifying as a candidate for
such office, be a bona fide
resident of the city. The Mayor
shall, during the entire term of
office, be a bona fide resident
of the city. Each candidate for
the office of Commissioner
shall, at the time of for at least
one year before qualifying as a
candidate for such office, be a
bona fide resident of the
single-member district which
Only qualified electors of the
city shall be eligible to qualify
for and to hold the offices of
Mayor and Commissioner.
Each candidate for the office
of Mayor shall, at the time of
qualifying as a candidate for
such office, be a bona fide
resident of the city. The Mayor
shall, during the entire term of
office, be a bona fide resident
of the city. Each candidate
for the office of
Commissioner shall, at the
time of qualifying as a
candidate for such office, be
a bona fide resident of the
single-member district
which such candidate seeks
to represent. Each
Commissioner shall, during
the entire term of office, be a
bona fide resident of the
single-member district
which such Commissioner
represents. Effective with
each first full term
commencing following January
1, 2022, the Mayor or a
commissioner who has held
the same district office for
Section 5.02. - Qualifications
to Hold Office.
Any person shall be eligible to
hold the office of Town Council
member provided the person
shall have attained the age of
eighteen (18) years prior to
election or appointment, is a
citizen of the United States,
and will have been a
permanent resident of the
Town for twelve (12)
consecutive months
immediately prior to the
resident's election or
appointment. For the purpose
of qualifying for membership
on the Town Council, persons
residing within any area at the
time of the annexation of that
area to the Town shall be
deemed to have been
residents of the Town for such
period of time as such persons
have been residents of such
annexed area of the Town.
Section 10.02. -
Nominations.
Sec. 4.03. - Qualifying.
Candidates for the offices of
mayor and city commissioner
shall qualify by filing a written
notice of candidacy with the
city clerk at such time and in
such manner as may be
prescribed by ordinance.
Each member of the city
council, which includes the
mayor, shall be a resident
of the City of Apopka,
Florida, for a period of one
year next preceding his or
her election to office and
shall be a registered voter
pursuant to Florida law.
Sec. 12. - Qualifications.
(1) Candidates. Candidates
for the city commission shall
have been residents of the
city and of the district in which
they run for one (1) year
immediately prior to the end
of the qualifying period for the
office and shall be registered
voters in their district for said
period, and shall maintain
residency and voter
registration in such district.
Notwithstanding the
foregoing, in the event a
qualified candidate for
commissioner fails to meet
the residency and voter
registration requirements for
holding office solely as the
result of a redistricting that
occurs after the qualifying
period for the election of such
office, such qualified
candidate for commissioner
may continue to run for the
office which he/she qualified
and if elected, serve without
forfeiture under section 15 for
the remainder of his/her term
Sec. 3.02. - Qualifications.
Candidates for the office of
city commissioner or mayor
shall qualify for such office by
filing a written notice of
candidacy with the city clerk
at such time and in such
manner as may be prescribed
by ordinance.
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such candidate seeks to
represent.”
(2) Add proof of 1 year
residency
Suggested language either in
the Charter or ordinance: “A
candidate shall furnish proof of
residency to the City Clerk by
government-issued
identification, a deed, lease,
voter registration, or utility
bills.”
(3) Discussion: Should
the candidate
qualifying period
lengthen to allow time
for a criminal
background check?
two full terms is prohibited
from appearing on the ballot
for election to that office.
(3) Qualifying period is set by
ordinance, not by the
Charter:
§ 5-3. Qualification of
candidates.
All candidates for election to
office in City government,
including an incumbent, shall
qualify with the City Clerk by
filing, on such form as may be
required by the City Clerk,
qualification papers
designating the office for
which the person is a
candidate. Such qualification
papers shall be accompanied
by the qualifying fee provided
for in § 5-4 of the City Code.
Such qualification papers
shall be filed and the
qualifying fee paid at any
time after 12:00 noon on the
day which is five business
days (excluding weekends
and holidays) prior to the
date which is 46 calendar
days prior to the scheduled
date of the regular municipal
election of the year in which
the election for such office
is scheduled, but not later
than 12:00 noon on the date
which is 46 calendar days
prior to the scheduled date
of the regular municipal
election of the year in which
the election for such office
is scheduled. Should the last
day upon which said
(a) Candidates for the office
of Town Council and Mayor
shall be nominated by the
petition of not less than
twenty-five (25) qualified
electors. Electors may sign
more than one candidate's
petition. The signatures of the
electors on the petition shall
be executed in ink. Each
signer shall state their
residence address next to their
signature. The signed petition
shall be filed with the Town
Clerk no earlier than ninety
(90) days and not later than
sixty (60) days before the
election to vote upon the
nominees.
(b) No nominating petition
shall be accepted unless
accompanied by a signed
acceptance of the nomination,
a sworn statement of
residency, and a qualifying fee
of twenty-five dollars ($25.00).
(c) Within five (5) working
days after the filing of a
nomination petition, the
Town Clerk shall notify the
candidate and the person
who filed the petition
whether or not the
nomination petition satisfies
the requirements prescribed
by this Charter. If the petition
is found insufficient, the Town
Clerk shall return it forthwith to
the person who filed it with a
statement certifying why it is
insufficient. Within the regular
time for filing a petition, a
replacement petition may be
filed for the same candidate.
The Town Clerk shall keep on
file all petitions found sufficient
provided the qualified
candidate maintains his/her
residency and voter
registration existing at the
time of redistricting while
running for office and, if
elected, while serving as
commissioner.
(2)
Members. Members of the
city commission must
maintain the foregoing
qualifications in subsection (1)
during their term of office. In
the event a commissioner
fails to meet the residency
and voter registration
requirements for holding
office solely as the result of a
redistricting or charter revision
that occurs during the term of
office, such commissioner
shall not be deemed to have
forfeited such office and may
continue to serve in office for
the remainder of the
commissioner's term provided
the commissioner maintains
his/her residency and voter
registration existing at the
time of redistricting.
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qualification papers may be
filed fall on a weekend or
another day upon which the
City Clerk's office is not open
for business, then the deadline
for said person to file
qualification papers shall be
extended to 12:00 noon on the
next day on which the City
Clerk's office is open for
business.
at least until the expiration of
the term for which the
candidates are nominated in
those petitions
C-17: Successors
Recommended definition: “A
‘general city election’ is any
election that is not a special
election or regular election.”
Discussion: “The successor to
the office of Mayor or
Commissioner shall be elected
at the same election as the
election held for the office for
which the Mayor or
Commissioner resigned to
run.”
The successor to the office of
Mayor or Commissioner shall
be elected at the next
general city election if such
election is to be held within
twelve (12) months of the
vacancy. If a general city
election will not be held within
twelve (12) months, the
successor shall be elected at a
special election which shall be
called by the City Commission
within ninety (90) days of the
vacancy. The successor shall
serve for the unexpired term of
the member who created the
vacancy.
• Section 5.03. -
Vacancies.
(a) The office of a Town
Council member shall become
vacant upon the member's
death, resignation, disability,
suspension, forfeiture or
removal from office in any
manner authorized by law or
this Charter.
(b) If less than a majority of the
Town Council is vacant, the
Town Council shall appoint a
qualified resident to fill any
vacancies until the next
regular election by the
affirmative votes of not less
than a majority of the
remaining members. If any
vacancies are not filled within
forty-five (45) days after the
seat becomes vacant, the
Governor of Florida shall fill
any existing vacancies by
appointment of a qualified
resident. Any appointment
under this section shall be
to fill any vacancies until the
next regular election, at
which time the office shall
be filled for the remainder of
the term.
(c) In the event that the
majority of the Town Council is
vacant, the Governor of
• Sec. 17. - Vacancies
in commission.
•
(1) The office of mayor-
commissioner or
commissioner shall become
vacant upon the death,
resignation, forfeiture or
removal from office in any
manner prescribed by law or
this charter.
(2) Unless otherwise
prescribed by general law, a
vacancy on the commission
shall be filled in the following
manner:
(a) If there are six (6)
months or less remaining in
the unexpired term of the
vacant office, within thirty
(30) days of the occurrence of
the vacancy, the
commission by majority
vote of its remaining
members shall appoint a
qualified person to fill the
vacant office to serve the
remainder of the term.
Within fifteen (15) days of the
occurrence of the vacancy,
those persons interested in
qualifying for appointment to
the vacant office shall submit
to the city clerk their name
and other such information
showing that they meet the
Sec. 2.07. - Vacancies;
forfeiture of office; filling of
vacancies.
(a) Vacancies. The office of a
commissioner or the mayor
shall become vacant upon the
death, resignation, removal
from office in any manner
authorized by law or forfeiture
of the office, such forfeiture to
be declared by the remaining
members of the commission.
(b) Forfeiture of office. A
commissioner or the mayor
shall forfeit his/her office if
he/she lacks at any time
during his/her term of office
any qualification for the office
prescribed by this Charter or
by law.
(c) Filling vacancies. If a
vacancy occurs in the seat of
a commissioner sixty (60)
days or less before the next
general election, the
remaining members of the
commission may appoint, by
majority vote, a qualified
person to fill the vacancy until
the next general election. If
the vacancy occurs more
than sixty (60) days before
the next general election,
the remaining members of
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OCOEE WINDERMERE APOPKA WINTER GARDEN WINTER PARK OTHER
Florida shall appoint qualified
residents as interim Town
Council members who shall
call a special election not
less than sixty (60) calendar
days nor more than one
hundred twenty (120)
calendar days after such
appointment. If there are less
than six (6) months remaining
in a vacant member's
unexpired term, the interim
Town Council appointee for
that vacancy shall serve out
the remainder of the unexpired
term.
Section 6.05. - Vacancy.
The office of Mayor shall
become vacant upon his or her
death, resignation, disability,
suspension, forfeiture or
removal from office in any
manner authorized by general
law or this Charter. If the office
of Mayor becomes vacant, the
duties of the Mayor shall be
discharged by a member of
the Town Council, as
designated by the Mayor or by
a majority of Town Council
members in the absence of
such designation. If there are
more than twelve (12)
months remaining in the
Mayor's unexpired term, the
Town Council shall call a
special election as soon as
practicable to fill the
vacancy.
qualifications for holding office
pursuant to Section 12 of this
charter. After the fifteen (15)
day qualifying period, but
before the expiration of thirty
(30) days after the occurrence
of the vacancy, the
commission shall hold a
special meeting for the
purpose of filling the vacancy
and at such meeting allow
public comment on the
matter. If the commission
does not appoint a qualified
person by the expiration of
thirty (30) days after the
occurrence of the vacancy,
the vacant office shall be filled
by drawing lots among the
qualified persons receiving at
least two (2) votes from the
remaining commission
members.
(b) If there are more
than six (6) months
remaining in the unexpired
term of the vacant office,
the commission shall
schedule a special election
to fill the vacancy and such
election shall be held not
sooner than forty-five (45)
days and not later than
sixty (60) days following the
occurrence of the vacancy.
the commission shall
appoint, by majority vote, a
qualified person to fill the
vacancy until the next
general election at which
time a successor will be
elected to serve the
remainder of the unexpired
term. In the event the
remaining members are
deadlocked and unable to
choose a successor by a
majority vote, then the
remaining commissioners,
excluding the mayor, shall
each submit the name of a
proposed successor, and the
mayor shall appoint the
successor from those names
submitted. Notwithstanding
any quorum requirements
established herein, if at any
time the membership of the
commission is reduced to less
than a quorum, the remaining
members of the commission
may by majority vote, appoint
additional members.
(d) Extraordinary vacancies.
In the event that all members
of the commission are
removed by death, disability,
law or forfeiture of office, the
governor shall appoint an
interim commission that shall
serve until the next general
city election, at which time
such vacancies shall be filled
for the balance of the
unexpired terms.
C-17 - Vancancies.
Define: “general city election”
as “any municipal election that
is not a special election or
regular city election.”
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“Called” versus “holding” an
election
Express intent: minimize the
need for special elections for
efficiency
Compare to C-19 (ordinance
by referendeum): “Within six
(6) weeks after filing of such
petition, the City Commission
may pass said ordinance, or
shall call a special election
to be held within ninety (90)
days, at which the adoption or
rejection of such ordinance
shall be submitted to the
qualified voters of the City.”
.
C-20: MAYOR
C-20 - Signatures on
Contracts
Discussion: Should the
Charter allow the City Manager
to sign contracts within the City
Manager’s purchasing power,
or the contracts of contract
employees?
C-20: The Mayor shall sign all
deeds, contracts,
agreements, bonds, notes,
obligations and other legal
documents of the city.
Section 6.03. - Duties of the
Mayor.
The Mayor shall preside at all
meetings of the Town Council,
but without vote, except only in
the limited circumstance to
break an existing tie vote of
the Town Council. The Mayor
shall be recognized as the
head of Town government 1)
for all ceremonial purposes, 2)
by the Governor of Florida for
the purposes of military law
and 3) for service of process;
but shall have no regular
administrative duties.
Strong-mayor form of
government
ARTICLE II. - THE CITY
COMMISSION
Sec. 11. - Number,
selection, term,
compensation.
(3) The mayor-commissioner
shall preside as chairperson
of meetings of the
commission, represent the
city in intergovernmental
relationships, present an
annual state of the city
message, and perform other
duties as specified by the
commission. The mayor-
commissioner shall be
recognized as head of the city
government for all ceremonial
purposes and by the governor
for purposes of military law
but shall have no
administrative duties. The
mayor-commissioner as a city
commission member shall
have a voice and a vote in the
proceedings of the
commission; but no veto
power.
Sec. 2.06. - Functions of
mayor; vice mayor.
The mayor shall be a voting
member of the commission.
At the first regular
commission meeting after
certification of all city election
results in years when there is
a city election or in April in a
year when there is no city
election, the commission shall
elect one (1) of its members
as vice mayor. The mayor
shall preside at meetings of
the commission, shall be
recognized as head of city
government for all ceremonial
purposes, by the governor for
purposes of military laws, for
execution of contracts, deeds
and other documents and as
the city official designated to
represent the city in all
agreements with other
governmental entities or
certifications to other
governmental entities. The
mayor shall have no other
administrative duties except
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OCOEE WINDERMERE APOPKA WINTER GARDEN WINTER PARK OTHER
as required to carry out the
responsibilities herein.
Sole manager of personnel
ARTICLE IV - CITY
MANAGER
C-21
Discussion: Residency of
the City Manager–
Pro: The City Manager has
“skin in the game” by residing
in the City.
Accessibility of the City
Manager, especially outside of
business hours.
Con: Could limit candidates for
City Manager, especially in a
tight job market.
City commission could waive
the residency requirement and
allow the City Manager to live
outside city limits by majority
vote due to market conditions.
The Charter may have
previously allowed such a
waiver.
C-21 -- … The City Manager
shall be appointed solely on
the basis of executive and
administrative qualifications
and need not be a resident of
the City of Ocoee or the State
of Florida at the time of
appointment. Within one (1)
year of commencement of
employment, the City
Manager shall become a
resident of the city and shall
remain a resident of the City
while employed as City
Manager.
Section 8.01. - Town
Manager.
The Town Council shall hire an
officer of the Town, who shall
have the title of Town
Manager, and who shall have
the powers and perform the
duties provided in this Charter.
The Town Council may hire
the Town Manager for an
indefinite period and may
remove him or her. Once
hired, the Town Manager
may reside outside the Town
while in office only with the
approval of the Town
Council.
No residency requirement. Sec. 28. - Qualifications.
The city manager shall be
chosen by the city
commission solely on the
basis of executive and
administrative qualifications,
with special reference to
actual experience in, or
knowledge of, accepted
practice in respect to the
duties of the office as
hereinafter set forth. At the
time of the city manager's
appointment, and for a period
of ninety (90) days thereafter,
the city manager need not be
a resident of the city, but
during the city manager's
tenure of office the city
manager shall reside within
the city. The city commission
may extend the residency
requirement for good cause
shown.
Sec. 4.01. - City manager.
There shall be a city manager
who shall be the
administrative head of the
city. The city manager shall
be responsible to the city
commission for the
administration of all city affairs
placed in the city manager's
charge by or under this
Charter or by direction of the
city commission. The
manager must take up
residence in the City of
Winter Park within one (1)
year after the appointment
unless otherwise waived by
the unanimous approval of
the city commission.
Contract Employees
Discussion: Should the City
Manager require the Mayor’s
signature on contracts of
contract employees?
§ C-24. - Powers and duties
of City Manager.
The City Manager shall be the
chief administrative officer of
the city and shall be
responsible for the
administration of all city affairs
for which the City Manager is
given responsibility under this
Charter. The powers and
duties of the City Manager
shall include, but not be limited
to, the following:
Apopka has a strong-mayor
form of government…
Sec. 2.04. - Mayor.
The mayor shall be the chief
executive officer of the city
and shall be responsible to
the electorate for the
administration of all city affairs
placed in his/her charge by or
under this Charter. The mayor
shall:
(a) Appoint, and, when the
mayor deems it necessary for
Sec. 14. - Prohibitions.
(1) Appointments and
Removals. Neither the city
commission nor any of its
members shall control,
demand, direct or request the
appointment or removal of
any city administrative officer
or employee whom the city
manager or any of the city
manager's subordinates is
empowered to appoint or hire.
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OCOEE WINDERMERE APOPKA WINTER GARDEN WINTER PARK OTHER
A. To appoint and, when
deemed necessary for the
good of the city, to suspend
or remove any city
employees or appointive
administrative officers
unless otherwise provided
under this Charter, the laws of
Florida or any personnel rules
and regulations adopted by
the city. The City Manager
may authorize any
administrative officer who is
subject to the City Manager's
direction and supervision to
exercise these powers with
respect to subordinates in
such officer's department,
office or agency.
B. To direct and supervise the
administration of all
departments, offices and
agencies of the city, except as
otherwise provided under this
Charter or the laws of Florida.
J. To recommend to the City
Commission the salary and
wage scale of officers and
employees of the city.
the good of the city, suspend
or terminate all city
employees and appointive
administrative officers
provided for by or under this
Charter. Department heads
shall be appointed by the
mayor and ratified by the city
council. The mayor may
authorize any administrative
officer who is subject to the
mayor's direction and
supervision to exercise these
powers with respect to
subordinates in that officer's
department, office, or agency.
(b) Direct and supervise the
administration of all
departments, offices, and
agencies of the city, except as
otherwise provided by this
Charter or by law.
Sec. 3.02. - Appointment
and duties of city
administrator.
The city administrator shall be
appointed by the mayor and
be responsible for
coordinating and integrating
the administrative and
executive functions of the city
as directed by the mayor and
consistent with the policy
approved by the city council.
Sec. 30. - Powers and
duties.
The city manager shall be the
chief executive officer of the
city and responsible to the city
commission for the
management of all city affairs
placed in the city manager's
charge by or under this
charter. Subject to Florida
Statutes as from time to time
amended, the city manager
shall:
(1) Appoint, suspend and
remove all city employees
and appointive administrative
officers, except as otherwise
provided by law, this charter,
or city ordinances. The city
manager may authorize any
administrative officer to
exercise these powers with
respect to city employees and
officers that are within, or
subordinates of that
administrative officer's
department, office, or agency,
subject to the city manager's
direction and supervision;
(2) Direct and supervise
the administration of all
departments, offices and
agencies of the city, except as
otherwise provided by this
charter or law;
C-28 CITY CLERK
Discussion: The City
Commission approves of the
City Clerk’s salary in the
budget. In practice, there is no
separate approval.
C-28 A. There shall be a City
Clerk who shall be appointed
by the City Manager. The City
Clerk shall be under the
direction and supervision of
the City Manager. The salary
of the City Clerk shall be
determined by the City
Section 8.04. - Town Clerk.
The Town Manager shall
appoint an officer of the Town,
with the approval of the Town
Council, who shall have the
title of Town Clerk. The Town
Clerk shall be under the
Sec. 3.01. - Appointment
and duties of clerk
and city attorney.
The city clerk and city
attorney shall be appointed by
the mayor and ratified by the
city council. The city clerk
Sec. 4.05. - Powers and
duties.
The city manager shall:
(b) Appoint department heads
and the city clerk subject to
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OCOEE WINDERMERE APOPKA WINTER GARDEN WINTER PARK OTHER
See C-50 below – Should the
City Clerk serve on the City’s
canvassing board?
Manager, subject to the
approval of the City
Commission.
direction and supervision of
the Town Manager, and shall
receive a salary established by
the Town Manager.
and city attorney shall serve
at the pleasure of the mayor
and the city council.
the confirmation by the city
commission.
(c)Remove department heads
and the city clerk subject to
the right of those individuals
to appeal such removal to the
city commission. In the case
of civil service employees,
such removed department
heads must first exhaust their
remedies under the Civil
Service Code. This provision
is not intended to modify or
repeal the Civil Service Code.
C-45 ELECTION DATES
Discussion: Odd number
regular elections do not allow
piggyback elections on
presidential elections.
The only way to change this
timing is to extend the terms of
one or more Commissioners
and/or the Mayor.
Beginning in March 2021,
regular municipal elections
shall be held annually on the
second Tuesday in March of
each odd-numbered year.
Section 10.04. – Persons
Elected at All Regular
Municipal Elections.
At all regular municipal
elections held in even
numbered years, two (2) Town
Council members and a Mayor
shall be elected. At elections
held in odd numbered years,
three (3) Town Council
members shall be elected. All
candidates elected to office
shall be elected for a term of
two (2) years. At elections held
in even numbered years the
two (2) Town Council
candidates and the candidate
for mayor receiving the highest
number of votes shall
be elected; at elections held in
odd numbered years the three
(3) Town Council candidates
receiving the highest number
of votes shall be elected.
ARTICLE II. - REGULAR
ELECTIONS
Section 2.02 -
Councilmembers holding
seats designated herein as
seats three and four, whose
terms expire on December
31, 1993, will face election in
1993 for one three-year term.
Thereafter, the mayor and city
commissioners will face
election for four-year terms.”
Sec. 2-251. - General
and runoff elections; taking
office.
(a) Election dates and terms
of office. Beginning in March
1998, regular municipal
elections shall be held on the
second Tuesday in March of
each year in which the term of
office for mayor-commissioner
or a city commissioner
expires, unless the date and
time of such election is
otherwise changed by the city
commission to coincide with a
presidential preference
primary in accordance with
general law. The terms of
office of the mayor and the
city commissioners shall be
as follows:
(1) The current terms for the
office of mayor-commissioner
and all seats on the city
commission shall be extended
and continue until such time
as his respective successor is
sworn in.
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OCOEE WINDERMERE APOPKA WINTER GARDEN WINTER PARK OTHER
Sec. 10-23. - Date of
elections.
Each regular municipal
election shall be held on the
second Tuesday in March of
each election year. However,
in a year in which there is a
presidential preference
primary, by resolution, the
town council may move the
election date to be concurrent
with the presidential
preference primary and set the
dates to qualify for election to
the office of councilmember in
that year.
(2) The mayor-commissioner
shall be elected for a three-
year term at a regular
municipal election held in
2008 and shall thereafter be
elected for a three-year term
at a regular municipal election
to be held every three years
thereafter.
(3) One city commissioner
shall be elected for a three-
year term at a regular
municipal election to be held
in 2008 and shall thereafter
be elected for three-year
terms at a regular municipal
election to be held every three
years thereafter. Such city
commissioner shall be elected
to District No. 1.
(4) Three city commissioners
shall be elected for a three-
year term at a regular
municipal election to be held
in 2009 and shall thereafter
be elected for three-year
terms at a regular municipal
election to be held every three
years thereafter. Such city
commissioners shall be
elected to District No. 2,
District No. 3 and District No.
4.
Discussion:
Remove swearing-in time and
replace with “immediately prior
to the next regularly scheduled
meeting.”
City Commission meetings
begin at 6:15 PM and the
Commission should have
flexibility to establish its
meeting times.
C-45 B. Any person elected to
the office of Mayor or the
office of City Commissioner
shall be sworn into office at
7:00 p.m. on the day of
immediately prior to
commencement of the next
regularly scheduled City
Commission meeting held
after the results of the election
are declared by the
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OCOEE WINDERMERE APOPKA WINTER GARDEN WINTER PARK OTHER
Canvassing Board as set forth
in section C-50 of this charter.
Discussion:
Should the Charter expressly
allow the setting of elections by
resolution or ordinance?
Setting an election is a
legislative act under Florida
law. An ordinance is the usual
form of a legislative act.
Fla. Stat. § 100.3605(2): A City
Commission “may, by
ordinance, change the dates
for qualifying and for the
election of members of the
governing body of the
municipality.”
§ C-49. - Conduct
of elections. [Amended 12-1-
2009 by Ord. No. 2009-
030][24]
The City Commission shall
designate the places of polling
for all city elections and shall
give notice of all city elections
in accordance with the laws of
Florida. Except as otherwise
set forth herein, the City
Commission shall by
ordinance provide for the
printing of ballots, the conduct
of elections, including
absentee procedures, the
canvass of returns, and all
similar election details. Such
ordinance shall, to the extent
possible, ensure the secrecy
of the ballot and the integrity of
the poll.
Sec. 2-252. - Special
elections.
Special elections shall be held
in the same manner as a
regular election except the
city commission, by
resolution, shall fix the time of
holding such special election
and the question to be
balloted and notice shall be
provided in the manner
required by Florida Statutes
governing special elections.
C-46: Runoff Elections
(Supervisor of Elections
requests that municipalities
eliminate runoff elections.
RELATED: C 9
C-46. General Election
Rules
The following rules shall be
applicable to elections for the
office of Mayor and the office
of City Commissioner:
A. Any candidate for
Mayor who receives a
majority of the votes cast for
such office shall be elected.
B. Any candidate for each
separate City Commission
seat who receives a majority
of the votes cast for such
office shall be elected.
C. In the event that no
candidate for a city elective
office receives a majority of
the votes cast for that office,
Sec. 30-25. – Runoff
elections.
Apopka requires run-off
elections. See C-9 above.
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OCOEE WINDERMERE APOPKA WINTER GARDEN WINTER PARK OTHER
then a runoff election
between the two (2)
candidates who received the
most votes for such office
shall be held at least seven (7)
days and no more than thirty
(30) days following the regular
municipal election for such
office.
DISCUSSION:
Increase qualifying period to
allow criminal background
check?
Sec. 2-256. - Registration of
candidates.
(a) Registration period. The
period within which
registration of all candidates
for the offices of mayor-
commissioner and
commissioner for the districts
for which the general election
is to be held shall commence
on noon of the third Tuesday
in January of the year of
election. The registration of
candidates shall terminate at
noon on the seventh day after
the date of commencement of
registration. If any city
recognized holiday falls within
the seven-day registration
period, the registration period
shall be extended by the
same number of holiday(s).
C-50 Canvassing Board
Discussion: Should the City
Clerk be a member of the
City’s canvassing board?
Rationale: The City Clerk is a
member for most municipal
canvassing boards.
Testing and tabulation of
machines require the presence
of a canvassing board member
and the City Clerk had an
§ C-50. - Certification of
results; canvass of returns;
notification of successful
candidates. [Amended 12-1-
2009 by Ord. No. 2009-
030][25]
The results of the voting at
each polling place when
ascertained shall be certified
by return in duplicate signed
by the Clerk and a majority of
the inspectors of the election,
one (1) copy being delivered
by the Clerk and inspectors to
Section 10.05 - A canvassing
board shall consist of the
Town Clerk and two
incumbent Town Council
members not running for re-
election. The Town Manager
may serve as a member of
the canvassing board if
needed.
Sec. 30-26. - Canvassing
board; canvass and
certification of votes.
(a) The city canvassing board
shall be composed of the
city clerk and two members
of the city council who are not
candidates. Two citizens shall
be selected by majority vote
of the city council to serve as
first and second alternate
canvassing board members.
The canvassing board
members and the alternate
Sec. 48.
- Canvassing board.
(1) A city canvassing
board shall be established for
the purposes of canvassing
ballots and election results.
The canvassing board shall
be composed of the city
clerk and two (2) citizens who
shall be selected by majority
vote of the city commission. A
third and fourth citizen shall
also be selected by majority
vote of the city commission to
Sec. 3.04. - Elections.
(d) Canvassing board. For
any city election, the city
commission shall appoint
three (3) of its members to be
the canvassing board. No
commissioner or mayor shall
participate in the canvassing
of the returns of an election
for which said commissioner
or mayor is a candidate or
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OCOEE WINDERMERE APOPKA WINTER GARDEN WINTER PARK OTHER
C:\Users\rsg\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\44RI6KBA\CITY CHARTER COMPARISON MATRIX.docx - rsg - 5 19 23.docx
experience when she was only
one present for the City.
– See criteria for Orange
County and State Law on -
Canvass at City Hall Who are
the inspectors?
the Mayor and the other to the
City Clerk, both of whom shall
transmit such return to a public
meeting of the Canvassing
Board, which will consist of
three (3) citizens appointed
by the City Commission.
canvassing board members
shall be appointed at least 60
days before December 1 prior
to a general election. Said
terms shall expire on May 1 of
the election year. At the close
of the polls of the city election,
the board shall meet and
proceed to publicly canvass
the absentee electors' ballots
and then publicly canvass the
vote as shown by the election
clerk. In the event of
provisional ballots, the
canvassing board shall
reconvene by Monday
following the election to
canvass the provisional
ballots and certify the election
results. However, in years
when there may be a
countywide election, the city
council may approve the
canvassing of absentee and
provisional electors' ballots by
the county canvassing board.
The city clerk shall be
designated the city's
representative. The city clerk
shall review the ballots
accepted by the county
canvassing board. The city
absentee ballots are to be
counted simultaneously with
the county ballots in the
presence of the city clerk,
who is to observe and report
any discrepancies to the city
council.
serve as a first and second
alternate canvassing board
member. The canvassing
board members shall be
appointed by July 1st of each
year and shall serve a one-
year term commencing on
July 1st and ending June 30th
the following year, or until
their successors are
appointed.
subject to recall. For any
disqualified city commissioner
or mayor, the city clerk shall
act as the alternate
canvassing board member.
C-69 DISTRIC RESIDENCY
REQUIREMENTS – one year –
redundant of qualifying – make
consistent with C-11
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