HomeMy WebLinkAboutItem 22 Second Reading of an Ordinance Establishing Procedural Rules to Challenge Candidates
City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761
Phone: (407) 905-3100 ▪ www.ocoee.org
STAFF REPORT
Meeting Date: July 21, 2026
Item #: 22
Contact Name: Rick Geller Department Director: Rick Geller
Contact Number: City Manager: Craig Shadrix
Subject: Second Reading of an Ordinance Establishing Procedural Rules to Challenge
Candidates to the City Commission under Section C-10 and Section C-11 of the City Charter.
(City Attorney Geller)
Background Summary:
The first reading of the ordinance was held on July 7, 2026.
The Charter Amendments
On March 11, 2024, the City of Ocoee voters approved amendments to Sections C-10 and C-11 of the City
Charter. C-10 of the Charter now reads, “The City Commission shall be the judge of the qualifications and
eligibility of candidates for the City Commission, the election and qualifications of its members, and the
grounds for forfeiture of their office under this Charter.” C-10 further authorizes the City Commission “to
censure, subpoena witnesses, administer oaths, require the production of evidence, and establish procedural
rules for implementing this section and ensuring due process, including reasonable notice to affected parties.”
The proposed Ordinance would “establish procedural rules for implementing this section” consistent with due
process.
Section C-10 works hand-in-hand with Section C-11 of the Charter, which establishes a one-year residency
requirement for eligibility to run as a candidate for mayor or city commissioner and further requires candidates
to “furnish such proof of meeting the one (1) year residency requirement as may be prescribed by ordinance”
and “consent to a background check to verify the candidate’s qualifications to hold office.” C-11 further states,
“No candidate shall be barred from running for office without notice, a hearing, and clear and convincing
evidence that the candidate is not qualified to hold office.”
The City Clerk’s Limited Role
When a candidate submits qualifying papers to the City Clerk, the Clerk’s role as filing officer is ministerial in
nature. She “may not determine whether the contents of the qualifying papers are accurate.” Mayfield v.
Secretary of State, 402 So. 3d 1002, 1006 (Fla. 2025). Her ministerial function is “limited to assessing
whether the required items have been properly and timely filed and whether each item is facially
complete.” Id. Under the Section C-10 of the City Charter, the City Commission, not the Clerk, is the “judge of
the qualifications and eligibility of candidates….”
Procedures for Candidate Challenges
Challenges to candidates should ordinarily be the exception and not the rule. Accordingly, the proposed
Ordinance contemplates that the City Commission would approve of the slate of candidates on the Consent
City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761
Phone: (407) 905-3100 ▪ www.ocoee.org
Agenda. To challenge a candidate's candidacy requires the City Commission to remove the candidate from
the Consent Agenda under the Commission’s customary Rules and Procedures.
The City Commission would then “determine, based on reasonable cause, whether a quasi-judicial evidentiary
hearing is necessary or appropriate to be scheduled to be able to make the determination as to such
candidate, or to restore the candidate to the list of candidates on the consent agenda.” Reasonable cause
could include the failure to satisfy the 1-year residency requirement, the failure to timely submit complete
qualifying papers, conviction of a felony without the restoration of civil rights, or “any other disqualifying
condition identified in the City Charter, City Code, Florida Statutes, or the Florida Constitution.”
As stated in the proposed Ordinance, “Upon a majority vote finding reasonable cause, an evidentiary hearing
shall be scheduled before the City Commission. Otherwise, the candidate’s name shall be deemed restored
to the list of candidates on the consent agenda and, upon approval of the consent agenda, shall appear on the
ballot at the next municipal election.”
The City shall set the evidentiary hearing “under the procedures for emergency hearings or within such time as
the candidate may request to prepare a defense, but no later than the next regularly scheduled city
commission meeting or 30 days, whichever is later or within such time required to meet Orange County
Supervisor of Elections deadlines.”
To enable the City Clerk to meet the deadline for preparing the Commission’s Agenda Packet while allowing
some flexibility, “Any evidence to be presented to the City Commission shall be provided to the City Clerk at
least three days before the hearing; provided, however, the Mayor shall have the authority to waive this
requirement subject to being overruled by the City Commission.”
At the hearing, the candidate has the initial burden to establish that the qualifications and eligibility
requirements are met. However, as stated in Section C-11, “A City Commission determination that a
candidate does not meet the requirements to run for office must be based on clear and convincing
evidence.” Florida law generally requires the “clear and convincing evidence standard” because a candidate
who timely submits qualifying paperwork “has a clear legal right to appear on the…ballot.” Mayfield v.
Secretary of State, 402 So. 3d 1002, 1006 (2025). It follows that clear and convincing evidence must prove
otherwise.
An aggrieved party may appeal to the Circuit Court via a Petition for Writ of Certiorari based on the record
before the City Commission. On first-tier certiorari review, the Circuit Court would ascertain whether the City
afforded procedural due process, departed from the essential requirements of law, and whether Commission
based its decision on “substantial competent evidence.” The Circuit Court is prohibited from re-weighing
evidence.
The foregoing procedures would also apply to a forfeiture-of-office proceeding.
The City’s procedures are “in addition to any judicial process and remedies under the law and are not intended
to limit the right of any person to seek an immediate hearing under section 102.168, Florida Statutes, or as
otherwise authorized by the Florida Statutes, before or after any person assumes elective office.” This
language is intended to avoid to possibility of having the Ordinance stricken as inconsistent with any rights
under State law.
Issue:
Should the Honorable Mayor and City Commission approve of the Ordinance establishing procedural rules
implementing Sections C-10 and C-11 of the City Charter?
City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761
Phone: (407) 905-3100 ▪ www.ocoee.org
Recommendations:
The City Attorney and staff recommend the Honorable Mayor and City Commission approve of the Ordinance
establishing procedural rules implementing Sections C-10 and C-11 of the City Charter.
Attachments:
1. Ordinance
2. Business Impact Estimate
3. Advertisement
Financial Impacts:
The City will incur insignificant financial impact giving certified mail notice of hearings to affected parties.
Type of Item: Second Reading Public Hearing
ORDINANCE NO. 2026 - ____
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
AMENDING CHAPTER 5, SECTION 3 OF THE CITY CODE TO
ESTABLISH PROCEDURAL RULES IMPLEMENTING
SECTION C-10 OF THE CITY CHARTER, UNDER WHICH THE
CITY COMMISSION SHALL JUDGE WHETHER THE
REQUIREMENTS FOR CANDIDATES FOR THE CITY
COMMISSION HAVE BEEN MET; PROVIDING FOR
POTENTIAL OBJECTIONS; ESTABLISHING PROCEDURES
FOR AN EVIDENTIARY HEARING TO ENSURE DUE
PROCESS, INCLUDING NOTICE TO AFFECTED PARTIES;
PROVIDING FOR APPEALS; PROVIDING THAT NO PERSON
SHALL BE BARRED FROM RUNNING FOR OFFICE ABSENT
CLEAR AND CONVINCING EVIDENCE, IN ACCORDANCE
WITH SECTION C-11 OF THE CITY CHARTER; PROVIDING
FOR FORFEITURE-OF-OFFICE PROCEEDINGS; PROVIDING
THAT THE PROCEDURES ESTABLISHED HEREIN ARE IN
ADDITION TO ANY PROVIDED UNDER STATE LAW;
PROVIDING FOR CONFLICTS, SEVERABILITY, AND
CODIFICATION, AND PROVIDING FOR AN EFFECTIVE
DATE .
WHEREAS, Florida Statutes § 100.3605 authorizes a municipal charter or ordinance to
“govern the conduct of a municipality's election” except when in conflict with “any provision in
the Florida Election Code that expressly applies to municipalities,” Florida Statutes, chapters 97–
106; and
WHEREAS, in accordance with the Florida Statutes § 100.3605 and the City’s Home Rule
authority, on March 11, 2024, the voters of the City of Ocoee approved of certain amendments to
sections C-10 and C-11 of the Charter of the City of Ocoee governing the City’s municipal
elections that do not conflict with the Florida Election Code;
WHEREAS, § C-10 of the Charter of the City of Ocoee states, “The City Commission
shall be the judge of the qualifications and eligibility of candidates for the City Commission, the
2
election and qualifications of its members, and the grounds for forfeiture of their office under this
Charter”; and
WHEREAS, § C-10 further authorizes the City Commission “to censure, subpoena
witnesses, administer oaths, require the production of evidence, and establish procedural rules for
implementing this section and ensuring due process, including reasonable notice to affected
parties”; and
WHEREAS, Board of County Commissioners v. Snyder, 627 So. 2d 469 (Fla. 1993),
requires “certiorari review of decisions of a board acting in its quasi-judicial capacity”; and
WHEREAS, § C-10 of the Charter of the City of Ocoee provides that, “[d]ecisions made
by the City Commission under this section shall be subject to review by a court of competent
jurisdiction on a petition for writ of certiorari. Nothing contained herein shall be construed to
deprive any candidate or member of the City Commission of due process under the Constitution
and the laws of the United States and the State of Florida”; and
WHEREAS, § C-11 of the Charter of the City of Ocoee establishes a one-year residency
requirement for eligibility to run as a candidate for mayor or city commissioner and further requires
candidates to “furnish such proof of meeting the one (1) year residency requirement as may be
prescribed by ordinance” and “consent to a background check to verify the candidate’s
qualifications to hold office”; and
WHEREAS, the Florida Constitution, the Florida Statutes, the Charter and Code of the
City of Ocoee, may contain other requirements for candidates;
WHEREAS, § C-11 of the Charter of the City of Ocoee states, “No candidate shall be
barred from running for office without notice, a hearing, and clear and convincing evidence that
the candidate is not qualified to hold office.”
3
WHEREAS, the City Commission intends for this Ordinance to implement procedures
that operate in harmony with the Florida Election Code, including the right to an immediate hearing
under Florida Statutes § 102.168, and all other applicable provisions of state law while fully
preserving the City’s Home Rule authority not expressly preempted by state statute; and
WHEREAS, the City Commission further intends that this Ordinance safeguard and
preserve all rights afforded to the City’s candidates, qualified electors, and citizens under the City’s
Charter, the Florida Constitution, and applicable state law;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The foregoing WHEREAS clauses are ratified and incorporated as
the legislative intent of this Ordinance.
Section 2. Code Amendment. That Chapter 5, Section 3 of the City of Ocoee Code of
Ordinances is amended as follows (strike-throughs denote deletions and underlines denote
additions):
E. The foregoing procedure is in addition to any other remedies under the law, including after any
person assumes elective office. Challenges to Candidate Qualifications or Eligibility.
1. Determination of Candidate Qualifications and Eligibility. Before the first City
Commission meeting after receipt of the background check reports on all candidates, the
City Clerk shall furnish to the City Commission a list of the candidates together with all
qualifying papers and the background check reports. The list of candidates shall be placed
on the consent agenda for the City Commission’s approval to appear on the ballot at the
next municipal election. The City Commission may remove any candidate from the list in
4
accordance with the normal rules and procedures for removing items from the consent
agenda.
2. Objection to Candidacy. For any candidate removed from the consent agenda,
the City Commission shall then determine, based on reasonable cause, whether a quasi-
judicial evidentiary hearing is necessary or appropriate to be scheduled to be able to make
the determination as to such candidate, or to restore the candidate to the list of candidates
on the consent agenda. Reasonable cause, which shall be stated on the record, may include,
but is not limited to:
a. The failure to satisfy the one-year residency requirement ser forth in section
C-11 of the City Charter;
b. Failure to timely or properly submit the qualifying papers, oath of candidacy,
financial disclosure, or the qualifying fee;
c. Results of a background check required by Section C-11 of the City Charter
that discloses a disqualifying condition, or the candidate’s failure to consent
to such background check;
d. Conviction of a felony without restoration of civil rights;
e. Failure to satisfy any age, citizenship, or other requirement to hold the office
sought; or
f. Any other disqualifying condition expressly identified in the City Charter,
City Code, the Florida Statutes, and/or the Florida Constitution.
Upon a majority vote finding reasonable cause, an evidentiary hearing shall be scheduled
before the City Commission. Otherwise, the candidate’s name shall be deemed restored to
5
the list of candidates on the consent agenda and, upon approval of the consent agenda, shall
appear on the ballot at the next municipal election.
3. Setting and noticing the hearing. If the City Commission determines that an
evidentiary hearing is to occur, a hearing shall be set before the City Commission to judge
whether the candidate meets the requirements specified in the City Charter, City Code, the
Florida Constitution, and/or the Florida Statutes. The hearing shall be set under the
procedures for emergency hearings or within such time as the candidate may request to
prepare a defense, but no later than the next regularly scheduled city commission meeting
or 30 days, whichever is later or within such time required to meet Orange County
Supervisor of Elections deadlines. The City Clerk shall serve the candidate with a notice
of hearing to the email address and mailing address provided in the candidate’s qualifying
papers.
4. Hearing Procedures. The City Commission shall be the judge of the qualifications
and eligibility of candidates for the City Commission. The burden to establish whether the
qualification and eligibility requirements are met is on the candidate. In addition to what
the City Clerk provided to the City Commission for the candidate, the candidate may
present such other evidence as the candidate desires, relevant to the City Commission’s
required determination, all to afford the candidate a meaningful opportunity to be heard.
The procedures for the hearing are as follows:
a. Upon request, the candidate shall have the right to present documentary
evidence and witness testimony in the candidate’s defense, to cross-examine
any witness who appears and testifies at the hearing, and to make a closing
argument.
6
b. Members of the public may testify to relevant facts.
c. Members of the Commission may ask any witness questions relevant to the
Commission’s required determination.
d. The rules of evidence in a court of law shall not apply and the City Commission
may consider any evidence on which a reasonably prudent person would rely.
e. A City Commission determination that a candidate does not meet the
requirements to run for office must be based on clear and convincing evidence.
f. Nothing in this section shall be construed to require the appearance of any
witnesses or the production of any evidence beyond that which may be lawfully
compelled.
g. Any evidence to be presented to the City Commission shall be provided to the
City Clerk at least three days before the hearing; provided, however, the Mayor
shall have the authority to waive this requirement subject to being overruled by
the City Commission.
h. The hearing shall otherwise follow the City’s quasi-judicial procedures.
5. Appeals. Any aggrieved person may appeal the City Commission’s quasi-judicial
decision to a court of competent jurisdiction by a petition for writ of certiorari.
6. Forfeiture of Office. For any forfeiture-of-office proceeding under the Charter,
subsections 4.a through 4.h of this Ordinance shall apply to the public hearing except that
the reference to “candidate” in subsection 4.a. shall be to “member of the City
Commission,” and in subsection 4.e the criteria for the member of the City Commission
to forfeit office shall be based on clear and convincing evidence.
7
F. The procedures set forth above are in addition to any judicial process and remedies under
the law and are not intended to limit the right of any person to seek an immediate hearing
under section 102.168, Florida Statutes, or as otherwise authorized by the Florida Statutes,
before or after any person assumes elective office.
Section 3. Conflicts. In the event of any conflict or inconsistency between this Ordinance
and any other ordinance or provisions of law, this Ordinance controls to the extent of the
conflict or inconsistency, as allowable under the law.
Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall
be deemed a separate, distinct independent, and severed provision, and such holding shall not
affect the validity of the remaining portions of this Ordinance.
Section 5. Codification. This Ordinance shall be codified in the Code of Ordinances of
the City of Ocoee, Florida. Any section, paragraph number, subsection number, letter and/or
heading may be changed or modified as necessary to effectuate the foregoing. Grammatical,
typographical and similar or like errors may be corrected, and additions, alterations, and omissions
not affecting the construction or meaning of this ordinance of City Code may be made.
Section 6. Effective Date. This Ordinance shall take effect immediately upon adoption.
FIRST READING on the ____ day of _________________, 2026.
PASSED AND ADOPTED this ___ day of _________________, 2026.
8
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
_________________________________
Melanie Sibbitt, City Clerk Rusty Johnson, Mayor
(SEAL)
APPROVED BY THE OCOEE CITY
COMMISSION ON ____________, 2026
UNDER AGENDA ITEM NO._________
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND LEGALITY
this ___ day of _____________, 2026.
FISHBACK DOMINICK
By: ______________________________
Richard S. Geller, City Attorney
S:\AKA\CLIENTS\Ocoee, City of\Elections O164-27500\Election Challenges\Ordinance re Challenges to Candidates - ( KAR
rev) (to Incorporate AKA and RSG rev) (6 8 26) (CLEAN).docx
1
City of Ocoee
Business Impact Estimate
Proposed ordinance’s title/reference:
This Business Impact Estimate is provided in accordance with section 166.041(4), Florida
Statutes. If one or more boxes are checked below, this means the City is of the view that a
business impact estimate is not required by state law1 for the proposed ordinance, but the City is,
nevertheless, providing this Business Impact Estimate as a courtesy and to avoid any procedural
issues that could impact the enactment of the proposed ordinance. This Business Impact Estimate
may be revised following its initial posting.
☐ The proposed ordinance is required for compliance with Federal or State law or regulation; ☐ The proposed ordinance relates to the issuance or refinancing of debt; ☐ The proposed ordinance relates to the adoption of budgets or budget amendments,
including revenue sources necessary to fund the budget; ☐ The proposed ordinance is required to implement a contract or an agreement, including,
but not limited to, any Federal, State, local, or private grant or other financial assistance
accepted by the municipal government; ☐ The proposed ordinance is an emergency ordinance; ☐ The ordinance relates to procurement; or ☐ The proposed ordinance is enacted to implement the following:
a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal
planning, and land development regulation, including zoning, development orders,
development agreements and development permits;
b. Sections 190.005 and 190.046, Florida Statutes, regarding community development
districts;
c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or
d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code.
In accordance with the provisions of controlling law, even notwithstanding the fact that
an exemption noted above may apply, the City hereby publishes the following
information:
1 See Section 166.041(4)(c), Florida Statutes.
2
1. Summary of the proposed ordinance (must include a statement of the public purpose, such as
serving the public health, safety, morals and welfare):
2.An estimate of the direct economic impact of the proposed ordinance on private, for-profit
businesses in the City of Ocoee, if any:
(a) An estimate of direct compliance costs that businesses may reasonably incur;
(b) Any new charge or fee imposed by the proposed ordinance or for which businesses will be
financially responsible; and
(c) An estimate of the City’s regulatory costs, including estimated revenues from any new charges
or fees to cover such costs.
3.Good faith estimate of the number of businesses likely to be impacted by the proposed
ordinance:
4. Additional information the governing body deems useful (if any):
CITY OF OCOEEPUBLIC HEARINGA Public Hearing before the Ocoee City Commission will be held Tuesday, July 21, 2026, at 6:15 p.m. or as soon thereafter as may be heard, in the Commission Chambers of City Hall at 1 North Bluford Avenue, Ocoee, Florida, to consider the following ordinances:
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA AMENDING CHAPTER 5, SECTION 3 OF THE CITY CODE TO ESTABLISH PRO-CEDURAL RULES IMPLEMENTING SECTION C-10 OF THE CITY CHARTER, UNDER WHICH THE CITY COMMISSION SHALL JUDGE WHETHER THE REQUIREMENTS FOR CANDIDATES FOR THE CITY COMMISSION HAVE BEEN MET; PROVIDING FOR POTENTIAL OBJECTIONS; ESTABLISHING PROCEDURES FOR AN EVIDENTIARY HEARING TO ENSURE DUE PROCESS, INCLUDING NOTICE TO AFFECTED PARTIES; PROVIDING FOR APPEALS; PROVIDING THAT NO PERSON SHALL BE BARRED FROM RUNNING FOR OFFICE ABSENT CLEAR AND CONVINC-ING EVIDENCE, IN ACCORDANCE WITH SECTION C-11 OF THE CITY CHARTER; PROVIDING FOR FORFEITURE-OF-OFFICE PROCEEDINGS; PROVIDING THAT THE PROCEDURES ESTAB-LISHED HEREIN ARE IN ADDITION TO ANY PROVIDED UNDER STATE LAW; PROVIDING FOR CONFLICTS, SEVERABILITY, AND CODIFICATION, AND PROVIDING FOR AN EFFECTIVE DATE.
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, AMEND-ING CHAPTER 78, “FIRE PREVENTION AND EMERGENCY MEDICAL RESPONSE,” OF THE CITY OF OCOEE CODE OF ORDI-NANCES BY RENAMING CHAPTER 78, FIRE PREVENTION AND CREATING A NEW CHAPTER 79, ENTITLED EMERGENCY MEDI-CAL SERVICES DIVISION; ESTABLISHING AN EMERGENCY MEDICAL SERVICES ENTERPRISE FUND; PROVIDING FOR THE ADMINISTRATION, OPERATION, ACCOUNTING, BUDGETING, BILLING, COLLECTION, AND USE OF REVENUES RELATED TO EMERGENCY MEDICAL SERVICES, AMBULANCE TRANSPOR-TATION, TREATMENT, AND RELATED SERVICES; AUTHORIZ-ING THE CITY COMMISSION TO ADOPT RATES, FEES, CHARG-ES, BILLING POLICIES, AND COST RECOVERY POLICIES BY RESOLUTION; AUTHORIZING PARTICIPATION IN FEDERAL, STATE, AND INTERGOVERNMENTAL EMS REIMBURSEMENT AND SUPPLEMENTAL PAYMENT PROGRAMS; PREVAILING IN THE EVENT OF ANY INCONSISTENCY; PROVIDING FOR IMPLE-MENTATION, CODIFICATION, SEVERABILITY, AND AN EFFEC-TIVE DATE.
All interested parties are invited to attend and be heard with respect to the above. The Ocoee City Commission may continue the public hearing to other dates and times, as it deems necessary. If a person decides to appeal any decision made by the City Commission with respect to any matter considered at such hearing, they will need a record of the proceedings, and for such purpose they may need to ensure that a verbatim record of the proceedings is made, which record includes the tes-timony and evidence upon which the appeal is to be based. In accordance with the Americans with Disabilities Act, persons needing a special accommodation or an interpreter to participate in this proceeding should contact the City Clerk’s office at 407-905-3105 at least two days prior to the date of hearing.Melanie Sibbitt, City Clerk
July 9, 2026 26-0XXXXW