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HomeMy WebLinkAbout03-23-2021 CR Agendapgs 2-5 CITY Of ISEELALST16 HOME OF PELICAN ISLAND CHARTER REVIEW COMMITTEE REVISED AGENDA* TUESDAY, MARCH 23, 2021 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF MINUTES February 25, 2021 Minutes (Draft minutes) 5. NEW BUSINESS (Public Input) pg 6 pg 7 pgs 8-10 pgs 11-16 pgs 17-20 6. pgs 21-31 7. pgs 32-34 8. 9. Anv Other Matters a. Suggestions by Committee Member Sherrie Matthews — Sec. 2.02 Eligibility; 2.03 Code of Ethics (Matthews' suggestions) mob. Suggestion by Committee Member Larry Napier — Sec. 3.03 Removal of Charter Officers (Napier's request) C. Suggestion by Committee Member Michael Goodfellow — Sec. 5.03 Charter Review Committee (Transmittal, Ex. 1 & 2) d. Clean Up Ballot Question (Transmittal, draft ballot question, FS161.041) Review Recommended Changes — Review List Topics 1 - 7 (Legislative markups) STAFF MATTERS Finished Product from 2011 (Transmittal, 2006 ballot questions, FS101.161, Dept of State Directive) COMMITTEE MEMBER MATTERS ANNOUNCE PUBLIC HEARINGS (Calendars outlining remaining meetings) ADJOURN NO STENOGRAPHIC RECORD BY A CERTIFIED COURT REPORTER WILL BE MADE OF THE FOREGOING MEETING. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE COMMITTEE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING, THEY WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS 1S MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL 1S TO BE HEARD. (F. S.286.0105) IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA) OF 1990, ANYONE WHO NERDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S SEATING ADA COORDINATOR AT 388-8226 - ADA@CITYOFSEBASTIAN.ORG AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. 1 of 34 CITY OF SEBASTIAN CHARTER REVIEW COMMITTEE MINUTES THURSDAY, FEBRUARY 25, 2021 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Chair Mitchell called the Charter Review Committee to order at 6:00 p.m. 2. The Pledge of Allegiance was recited. 3. ROLL CALL Present: Beth Mitchell — Chair Sherrie Matthews Karen Jordan Patti Sullivan Bruce Hoffman Amber Cerda (Zoom) Louise Kautenburg — Vice Chair Larry Napier Sharon Herman Linda Kinchen Michael Goodfellow (Zoom) Vicki Drumheller (Zoom) Absent: Grace Reed (excused) Dave Newhart (excused) John Christino (excused) Also Present: Paul Carlisle, City Manager Manny Anon, Jr., City Attorney Jeanette Williams, City Clerk Cathy Testa, Facilitator 4. APPROVAL OF MINUTES I. February 9, 2021 Minutes MOTION by Mr. Napier and SECOND by Ms. Kautenburg to approve the February 9, 2021 minutes passed with a unanimous voice vote. (13-0) 5. NEW BUSINESS Review and Discuss Article V (Public input will be invited after the introduction of each Article) Chair Mitchell asked for public comment but there was none. Sec. 5.01. Severabilitv of provisions. If for any reason any section, paragraph or part of this Charter shall be declared 494 invalid or unconstitutional by anv iudoement or decree of anv court of comaetent jurisdiction, that fact shall not affect, invalidate or destroy any other section, paragraph or part of this Charter, and the remaining portions thereof shall remain in full force and effect without regard to the section, paragraph or portion invalidated. Ms. Matthews suggested the above changes. It was the consensus of the committee to not make any changes to Sec. 5.01. Sec. 5.02. Effective date. — No recommended changes. 2 of 34 CHARTER REVIEW COMMITTEE PAGE 2 MINUTES OF THE FEBRUARY 25, 2021 MEETING Sec. 5.03. Charter review committee. — No recommended changes. ii. Review and Discuss Article VI (Public input will be invited after the introduction of each Article) Sec, 6.01. Title to propertv reserved. The title, rights and ownership of all real and personal property, taxes due and unpaid, uncollected permits, dues, fees, judgments, choses in action, penalties, decrees and all property rights held or owned by the City of Sebastian, shall succeed to and be vested in the City of Sebastian, a municipal corporation created, existing and organized under the provisions of this Charter. Mr. Hoffman asked what "choses in action" means. The City Manager responded that Google states it is the "right to take action." Sec.6.02. Reserved. E, Sec.6.03. Reserved. Sec. 6.04. Ordinances preserved. All ordinances in effect upon the adoption of this Charter, to the extent not inconsistent with it, shall remain in force until repealed or changed as provided herein. Ms. Matthews asked if "shall remain in force" includes in effect or just the ordinance itself. The City Attorney advised anything not inconsistent shall remain in force unless it is repealed or changed. Sec. 6.05. Continuation of former Charter provisions. — No recommended changes. 6. STAFF MATTERS Chair Mitchell reflected there were a number of times where the changes were typographical or clerical and asked how those would be handled. The City Attorney said the voters would make the ultimate decision even if it is to cleanup language. Chair Mitchell asked if the wording would have to be spelled out for every change or a general statement for clerical purposes could be presented to the voters. The City Attorney said something could be presented to Council and they would decide if it goes to the voters. Ms. Kautenburg suggested checking with the state because in the past every change had to be a specific question on the ballot. Chair Mitchell asked the City Attorney to research if the ballot question could be generic in nature. Mr. Goodfellow stated any changes should be put to the voters. Ms. Drumheller said every modification would probably have to go to the voters, given they have identified several issues she was concerned that if they make a massive presentation to the voters, they won't get any changes. 3 of 34 CHARTER REVIEW COMMITTEE PAGE 3 MINUTES OF THE FEBRUARY 25, 2021 MEETING Ms. Sullivan said any of the clerical or typographical errors they can address would create a sense of excellence to the document. Ms. Herman said in today's climate it would be a good time to make the document gender neutral and she suggested a generalized statement instead of line item by line item modification. Chair Mitchell suggested giving the City Attorney an opportunity to see if they can write a general ballot question. 649 pm Return to Sec. 5.03 Charter review committee. Not later than April 15 of the year 2025 4998 and of every 5th year thereafter, the city council shall appoint a charter review committee to review the Charter of the city. Each chanter review committee shall consist of fifteen (15) residents of the city. The committee shall otherwise be appointed in the manner provided by the Code of Ordinances. The committee shall be funded by the city council and shall be known as the "City of Sebastian Charter Review Committee." It shall, within six (6) months from the date of its formation, present to the city council its final recommendation for amendment of the Charter or its recommendation that no amendment is appropriate. If amendment is to be recommended, the charter review committee shall conduct two (2) public hearings, at intervals of not less than fourteen (14) days, prior to the transmittal of its recommendations to the city council. The city council may by ordinance submit any or all of the recommended amendments to the electors for vote at the next general election held within the city or at a special election called for said purpose. Mr. Goodfellow asked to go back to Sec. 5.03 where the wording states the Charter shall be reviewed and noted 2019 would have been the fourth review period from year 1999. He stated language was needed to re -set the schedule beginning from 2021. The City Manager stated the last review was in 2016, they were still on track. Mr. Goodfellow said he disagreed, the Charter states every 5 years thereafter 1999, somewhere it was pushed back. It was the consensus of the Committee not to move forward with Mr. Goodfellow's suggestion. Typographical & Clerical Chanqes Chair Mitchell asked the Committee if they would like the City Attorney to research a general ballot question that would resolve all typographical or clerical errors that have been identified. It was the consensus of the Committee to have the Attorney research the matter. 7. COMMITTEE MEMBER MATTERS Ms. Matthews said given the next review won't be until 2026, they should go through and decide that where they are, is where they want to be. She asked the Committee to take their time with the review. Chair Mitchell said she appreciated her comments and noted they do have two more months for the review; at the next meeting she would be looking for a more formal motion to move forward with the items to Council. 4 of 34 CHARTER REVIEW COMMITTEE ge !>, _ PAGE 4 MINUTES OF THE FEBRUARY 25, 2021 MEETING The City Attorney advised that Council may also ask them to review an item. 8. ITEMS FOR NEXT AGENDA i. Next Meetinq Date - Revisit Recommendations of Articles I — VI It was the consensus of the Committee to meet again March 23. 9. Being no further business, Chair Mitchell adjourned the Charter Review meeting at 6:33 p.m. 5 of 34 S. Matthews" Suggestions Sec. 2.02. - Eligibility.: dual office-holdine prohibition iq 4e-A person shall be eligible to hold the office of council member aaless if he or she is a qualified elector in the Ceity of Sebastian and zzwu VTj u.^Jirl4jOy has maintained continuous ohvsical resided in the Ceity of Sebastian for a period of one (1) year immediately piceeed�Rg the final F. date #eorior to the date of qualification as a candidate for said office. Once elected or aenointed. council member must maintain continuous ohvsical residencv and voter registration in the Citv of Sebastian throuahout their terms of office. lb) The prohibition of dual office-holdina and the reoulation of oubiic ethics shall be as reouired oursuant to Florida law. Sec 2.03 — Code of Ethics Reoortino individuals. as defined and interoreted consistent with Florida law. shall comoly with the Formatted- Indent: Left; 0", Hanging: 0.5" State of Florida's financial and sift disclosure regulations. All council members shall comoly with the State of Florida's code of ethics, including but not limited to, prohibitions on gifts intended to influence official decision-makina. (Ord. No. 0-84-1. § 1, 2-1-84; Ord. No. 0-93-03, § 2. 1-27-93) Formatted: Indent: First line: 0" 6 of 34 Jeanette Williams From: Larry Napier <larrynapier@outlook.com> Sent: Sunday, March 14, 2021 11:37 AM To: Jeanette Williams Subject: Sec.3.03 removal of charter officers CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Jeanette I will be out of town for the 3/23 meeting and not able to attend remotely but I would like to revisit above section by allowing a simple majority vote for cause and a supermajority vote without cause pursuant to an employment agreement. Please forward to other members for discussion. Thank you —Larry— PS I will have my phone with me! Sent from my iPhone Sec. 3,03. - Removal of Charter officers. (a)Any Charter officer may be removed from office for cause with a simple maiority vote, or without cause with a supermajority vote, pursuant to the terms of an employment agreement, by a majority vote of the entire city council.(b)ln the event that one or more council members believes that cause exists for the removal of a Charter officer, such council members shall present written charges to the entire city council at a regularly scheduled meeting for discussion. The city council may, by a vote at least three (3) council members that said charge would, if proved, constitute a violation and that. a reasonable basis exists for believing the violation occurred, formally charge the named Charter officer with misconduct and immediately suspend such Charter officer from office. Notice of the suspension and the specific charges of misconduct shall be served upon the affected Charter officer in person or by certified or registered mail, return receipt requested, to the last known address of the affected Charter officer. The suspended Charter officer shall have the right to a hearing before the city council upon request. The suspended Charter officer shall be given a reasonable period of time in order to prepare for such hearing. At the conclusion of the hearing, the suspended Charter officer shall be removed if the city council finds, by a vote of at least three (3) council members that cause exists to support such removal. In the event that at least three (3) council members do not find that cause exists for removal, the suspended Charter officer shall be immediately reinstated to his or her Charter office. 7 of 34 cm or SE13AST16NJN HOME OF PELICAN ISLAND MEETING DATE: CHARTER REVIEW COMMITTEE March 23, 2021 BACKGROUND: Staff researched the dates of the last Charier Reviews in response to Charter Review Committee Member Michael Goodfellow's concern with the incorrect review periods. Staff found that the 2006 Charter Review Committee recommended that they meet every five years instead of seven. Upon the successful 2007 referendum vote, the Charter has been reviewed every five years since 2006. RECOMMENDATION: At the discretion of the Committee, make the following change: Sec. 5.03. - Charter review committee. Not later than April 15 of the year 2006 4999-and of every 5th year thereafter, the city council shall appoint a charter review committee to review the Charter of the city. Each charter review committee shall consist of fifteen (15) residents of the city. The committee shall otherwise be appointed in the manner provided by the Code of Ordinances. The committee shall be funded by the city council and shall be known as the "City of Sebastian Charter Review Committee. " It shall, within six (6) months from the date of its formation, present to the city council its final recommendation for amendment of the Charter or its recommendation that no amendment is appropriate. If amendment is to be recommended, the charter review committee shall conduct two (2) public hearings, at intervals of not less than fourteen (14) days, prior to the transmittal of its recommendations to the city council. The city council may by ordinance submit any or all of the recommended amendments to the electors for vote at the next general election held within the city or at a special election called for said purpose. ATTACHMENTS: Ex. 1 - 2006 Charter Review Minutes Excerpt Ex. 2 — 2007 Referendum Question #10 8 of 34 EXHIBIT L Charter Review Committee December 19, 2006 Page Two B. Review of Pr000sed Charter Questions for March 2007 Ballot (Ballot Questions 1-10 The City Attorney reviewed each of the ten charter amendments which will appear on the March 2007 ballot (see attached). Mr. Enderlein said he still had legal questions about question #4 relative to Council salaries, which he believed, in accordance with the Charter, could not be changed by Council after a recommendation was made by the Committee. In response to a question by Mr. Oakes, the City Attorney said that there is a technical argument that even if the Charter states the Council can either accept or reject the recommendation of the Committee, in regard to question #4 it can be said that they rejected the Committee's recommendation, and within Council's authority adopted its own. Acting Chair Sullivan said the Committee is a recommending body and has done a great job. On MOTION by Mr. Richter, and SECOND by Mr. Oakes, the committee accepted the review of proposed charter amendments on a voice vote of 9-0. C. Chairman to Officially Dissolve Committee in Accordance with City Charter (Charter Section) Acting Chair Sullivan dissolved the board with regret and thanks to all members. D. Expression of Aooreciation from Mayor Burkeen and Invitation to Attend January 10, 2007 Council Meetinq to be Formally Recognized Mayor Burkeen expressed Council's appreciation for the work of this committee and invited them to be formally recognized at the January 10, 2007 Regular Council Meeting. 5. Being no further business, Acting Chair Sullivan adjourned the meeting of the Charter Review Committee for 2006. These minutes will be approved when a new Committee convenes. In accordance with the current charter, the Committee will meet again following the election of 2013. If the proposed charter amendment to have them meet every five years is passed in 2007, they will meet again in 2011. If the elections are changed to November, charter and code language relative to the Committee formation and meeting schedule will need to be changed. (Charter 5.03 and Code Section 2-231 references to April) EXHIBIT REFERENDUM QUESTION #10 Amending Section 5.03 to require that the Charter Review Committee meet every five years. Shall the City of Sebastian amend the City Charter to provide that the Charter Review Committee meet every five years instead of seven years? Yes for Approval No for Rejection 1 10 of 34 CD Of S rP HOME OF PELICAN ISLAND MEETING DATE CHARTER REVIEW COMMITTEE March 23, 2021 BACKGROUND: On February 25, 2021, Charter Review Committee asked the City Attorney to research whether or not a Cleanup Amendment Proposal had to be a separate Amendment, and if so, did it require to list everywhere in the Charter that was being amended as cleanup language. RECOMMENDATION: It is the opinion of the City Attorney that the Cleanup Amendment Language Proposal would have to be a separate Amendment and Ordinance. This would be consistent with the Single Subject Rule of F.S. 166.041 (2). Also, this separate Cleanup Amendment Language Proposal would have to list in the amendment all Sections in the Charter that were being proposed as cleanup language for the Electorate to consider. ATTACHMENTS: City of Sebastian City Charter Cleanup Amendment Draft; and F.S. 161.041 11 of 34 CITY OF SEBASTIAN CITY CHARTER CLEANUP AMENDMENT DRAFT Shall the Sebastian City Charter be amended to make certain grammatical, corrective, and gender neutral changes to make the Charter easier to read and understand? Yes for Approval No for Rejection Text Revisions: Upon approval of this question at referendum, the foregoing portions of the Sections 3.04, INSERT ADDITIONAL SECTIONS CHOSEN BY COMMITTEE of the Sebastian City Charter are amended to read as follows: Sec. 3.04. - City manager; powers and duties. (a)The city manager shall be the chief administrative officer of the city. (b)The city manager, when necessary, shall appoint, suspend, demote, or dismiss any city employee under his or her jurisdiction in accordance with the law and the personnel rules of the city and may authorize any department head to exercise these powers with respect to subordinates in his or her respective department. (c)The city manager shall direct and supervise the administration of all departments of the city except the offices of the city clerk and city attorney. He or she shall attend all city council meetings unless excused by city council and shall have the right to take part in discussions, but not vote. (d)The city manager shall see that all laws, Charter provisions, ordinances, resolutions, and other acts of the city council subject to enforcement by the city manager are faithfully executed. (e)The city manager shall also prepare and submit the annual budget, budget message, and capital program to the city council and shall keep the city council fully advised as to the financial condition and future needs of the city, and shall make such recommendations to the city council concerning the affairs of the city as he or she deems desirable. The city council shall adopt the annual budget, millage rate and capital program, as presented or as modified, by resolution. (f)The city manager shall designate a qualified city employee to exercise the powers and perform the duties of city manager during any temporary absence or disability of the city manager. The city council may revoke such designation at any time and appoint another eligible person, other than a sitting council member, to serve as acting city manager. 12 of 34 (g)The city manager, as authorized by the City Charter, the Sebastian Code of Ordinances, or by the direction of the city council, shall sign all contracts, bonds, debentures, franchises and official documents on behalf of the city, which shall also be attested by the city clerk. Sec. INSERT NEXT SECTION CHOSEN BY COMMITTEE 2 13 of 34 166.041 Procedures for adoption of ordinances and resolutions (1) As used in this section, the following words and terms shall have the following meanings unless some other meaning is plainly indicated: (a) "Ordinance" means an official legislative action of a governing body, which action is a regulation of a general and permanent nature and enforceable as a local law. (b) "Resolution" means an expression of a governing body concerning matters of administration, an expression of a temporary character, or a provision for the disposition of a particular item of the administrative business of the governing body. (2) Each ordinance or resolution shall be introduced in writing and shall embrace but one subject and matters properly connected therewith. The subject shall be clearly stated in the title. No ordinance shall be revised or amended by reference to its title only. Ordinances to revise or amend shall set out in full the revised or amended act or section or subsection or paragraph of a section or subsection. (3)(a) Except as provided in paragraph (c), a proposed ordinance may be read by title, or in full, on at least 2 separate days and shall, at least 10 days prior to adoption, be noticed once in a newspaper of general circulation in the municipality. The notice of proposed enactment shall state the date, time, and place of the meeting; the title or titles of proposed ordinances; and the place or places within the municipality where such proposed ordinances may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard with respect to the proposed ordinance. (b) The governing body of a municipality may, by a two-thirds vote, enact an emergency ordinance without complying with the requirements of paragraph (a) of this subsection. However, no emergency ordinance or resolution shall be enacted which establishes or amends the actual zoning map designation of a parcel or parcels of land or that changes the actual list of permitted, conditional, or prohibited uses within a zoning category. Emergency enactment procedures for land use plans adopted pursuant to part II of chapter 163 shall be pursuant to that part. (c) Ordinances initiated by other than the municipality that change the actual zoning map designation of a parcel or parcels of land shall be enacted pursuant to paragraph (a). Ordinances that change the actual list of permitted, conditional, or prohibited uses within a zoning category, or ordinances initiated by the municipality that change the actual zoning map designation of a parcel or parcels of land shall be enacted pursuant to the following procedure: 1. In cases in which the proposed ordinance changes the actual zoning map designation for a parcel or parcels of land involving less than 10 contiguous acres, the governing body shall direct the clerk of the governing body to notify by mail each real property owner whose land the municipality will redesignate by enactment of the ordinance and whose address is known by reference to the latest ad valorem tax records. The notice shall state the substance of the proposed ordinance as it affects that property owner and shall set a time and place for one or more public hearings on such ordinance. Such notice shall be 14 of 34 given at least 30 days prior to the date set for the public hearing, and a copy of the notice shall be kept available for public inspection during the regular business hours of the office of the clerk of the governing body. The governing body shall hold a public hearing on the proposed ordinance and may, upon the conclusion of the hearing, immediately adopt the ordinance. 2. In cases in which the proposed ordinance changes the actual list of permitted, conditional, or prohibited uses within a zoning category, or changes the actual zoning map designation of a parcel or parcels of land involving 10 contiguous acres or more, the governing body shall provide for public notice and hearings as follows: a. The local governing body shall hold two advertised public hearings on the proposed ordinance. At least one hearing shall be held after 5 p.m. on a weekday, unless the local governing body, by a majority plus one vote, elects to conduct that hearing at another time of day. The first public hearing shall be held at least 7 days after the day that the first advertisement is published. The second hearing shall be held at least 10 days after the first hearing and shall be advertised at least 5 days prior to the public hearing. b. The required advertisements shall be no less than 2 columns wide by 10 inches long in a standard size or a tabloid size newspaper, and the headline in the advertisement shall be in a type no smaller than 18 point. The advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The advertisement shall be placed in a newspaper of general paid circulation in the municipality and of general interest and readership in the municipality, not one of limited subject matter, pursuant to chapter 50. It is the legislative intent that, whenever possible, the advertisement appear in a newspaper that is published at least 5 days a week unless the only newspaper in the municipality is published less than 5 days a week. The advertisement shall be in substantially the following form: NOTICE OF (TYPE OF) CHANGE The (name of local governmental unit) proposes to adopt the following ordinance: (title of the ordinance) . A public hearing on the ordinance will be held on (date and time) at (meeting place) . Except for amendments which change the actual list of permitted, conditional, or prohibited uses within a zoning category, the advertisement shall contain a geographic location map which clearly indicates the area covered by the proposed ordinance. The map shall include major street names as a means of identification of the general area. In addition to being published in the newspaper, the map must be part of the online notice required pursuant to s. 50.0211. c. In lieu of publishing the advertisement set out in this paragraph, the municipality may mail a notice to each person owning real property within the area covered by the ordinance. Such notice shall clearly explain the proposed ordinance and shall notify the person of the time, place, and location of any public hearing on the proposed ordinance. 15 of 34 (4) A majority of the members of the governing body shall constitute a quorum. An affirmative vote of a majority of a quorum present is necessary to enact any ordinance or adopt any resolution; except that two-thirds of the membership of the board is required to enact an emergency ordinance. On final passage, the vote of each member of the governing body voting shall be entered on the official record of the meeting. All ordinances or resolutions passed by the governing body shall become effective 10 days after passage or as otherwise provided therein. (5) Every ordinance or resolution shall, upon its final passage, be recorded in a book kept for that purpose and shall be signed by the presiding officer and the clerk of the governing body. (6) The procedure as set forth herein shall constitute a uniform method for the adoption and enactment of municipal ordinances and resolutions and shall be taken as cumulative to other methods now provided by law for adoption and enactment of municipal ordinances and resolutions. By future ordinance or charter amendment, a municipality may specify additional requirements for the adoption or enactment of ordinances or resolutions or prescribe procedures in greater detail than contained herein. However, a municipality shall not have the power or authority to lessen or reduce the requirements of this section or other requirements as provided by general law. (7) Five years after the adoption of any ordinance or resolution adopted after the effective date of this act, no cause of action shall be commenced as to the validity of an ordinance or resolution based on the failure to strictly adhere to the provisions contained in this section. After 5 years, substantial compliance with the provisions contained in this section shall be a defense to an action to invalidate an ordinance or resolution for failure to comply with the provisions contained in this section. Without limitation, the common law doctrines of laches and waiver are valid defenses to any action challenging the validity of an ordinance or resolution }used on failure to strictly adhere to the provisions contained in this section. Standing to initiate a challenge to the adoption of an ordinance or resolution based on a failure to strictly adhere to the provisions contained in this section shall be limited to a person who was entitled to actual or constructive notice at the time the ordinance or resolution was adopted. Nothing herein shall be construed to affect the standing requirements under part II of chapter 163. (8) The notice procedures required by this section are established as minimum notice procedures. History.--s. 1, ch. 73-129; s. 2, ch. 76-155; s. 2, ch. 77-331; s. 1, ch. 83-240; s. 1, ch. 83-301; s. 2, ch. 95- 198; s. 5, ch. 95-310; s. 5, ch. 2012-212. 16of34 REVIEW LIST TOPICS TOPIC 1 — Sec. 1.02 Extraterritorial Powers. (4) Public utilities. To furnish any and all local public services, including but limited to communication, electricity, gas, water, lights, or transportation, and to charge and collect necessary fees or charges therefor, to purchase, hire, construct, own, extend, maintain, operate or lease any public utilities, electric light system, telephone and telegraph system, waterworks and plants, ice plants, and works, gas plants and distribution systems, bus or transit systems, radio broadcasting stations, television stations, cablevision rebroadcasting systems, telephone systems, or other public utility; to establish, impose and enforce rates and charges for supplying such services or conveniences by the city to any person, persons, firm or corporation; to furnish any and all local public services to persons, firms, industries, or municipal corporations residing or located outside of the limits of said city. To acquire in any lawful manner in the State of Florida such water, lands and lands under water as the city council may deem necessary for the purpose of providing an adequate water supply for said city and the piping and conducting of the same, to make reasonable rules and regulations for promoting the purity of its said water supply and protecting the same from pollution and for this purpose to exercise full police powers over all lands comprised within the limits of the water shed tributary to any such supply wherever such lands may be located in the State of Florida. TOPIC 2 — Sec. 2.06 Mayor; vice -mayor. (b) Mayor —Duties, general. The mayor shall preside at each meeting of the city council, shall have a vote upon matters before the city council, but shall not possess a veto power. The mayor shall have the power to declare a state of local emergencv, preserve the peace and order, be recognized as the head of the city government for all ceremonial purposes, and shall be recognized by the governor as the head of the city government for purposes of military law. The mayor shall sign all ordinances, resolutions and proclamations of the city council or other documents as required by law on behalf of the city as directed and authorized by the city council, which shall also be attested by the city clerk. (c)Vice-mayor—Selection and term. Immediately subsequent to the selection of a mayor, the city council shall elect a vice -mayor from among its members. The terr-aef the WGe m yer shag au e - onn yea: nr until his er her successor- is nrbThe vice -mayor shall be elected using the same procedure as for the election of mayor. Words stricken shall be deleted,- words underlined constitute the proposed amendment; remaining provisions continue in effect. The use of ellipses ( • - - - • ) indicates existing language is omitted for the sake of brevity. 17 of 34 TOPIC 3 — Sec. 2.08 Vacancies; forfeiture of office; filling of vacancies. (a) Vacancies. The office of council member or the mayor shall become vacant upon his/her death, resignation, removal from office in any manner authorized by law or forfeiture/suspension of his/her office. (b) Forfeiture of office. A council member or the mayor may &i'ia4 forfeit his/her office if he/she: (1) Lacks at any time during his/her term of office any qualification for the office prescribed by this Charter or by law; (2) Violates any express prohibition of this Charter; (3) Is convicted of a crime involving moral turpitude; or (4) Fails to attend three (3) consecutive regular meetings of the city council without being excused by the city council. (c) Suspension from office. A council member or the mayor may be suspended from his/her office if he/she is arrested for a felony or for a misdemeanor related to the duties of office. (d) Special Hearinq. The City Council, with the advice of the city attorney, will hold a special hearing to consider the vote to remove or suspend a council member or mayor if in violation of Sections (b) or (c). {e) Filling vacancies. Any vacancy in the office of council member shall be filled in accordance with the provisions of this subsection: (1) if there is a scheduled citywide election within six months of the occurrence of the vacancy, the remaining members of the city council may either (A) permit the vacancy to be filled at that election, or (B) appoint a replacement. (2) If there is no scheduled citywide election within six months of the occurrence of the vacancy, the remaining members of the city council shall appoint a replacement within 45 days. in the event the city council fills a vacancy by appointment, the person chosen to fill the office shall at the time of appointment meet the qualifications for a member of the city council. An appointed city council member shall serve only until the next citywide election or until city council revokes the suspension and restores the council member or mayor to office in accordance with Section 3 below.. If the vacancy has occurred in the term of a city council member that extends beyond the next citywide election, the remainder of the unexpired term shall be filled at that election, and the candidate shall run specifically for that seat on the city council. Words stricken shall be deleted; words underlined constitute the proposed amendment; remaining provisions continue in effect. The use of ellipses ( - • • • •) indicates existing language is omitted for the sake of brevity. 18 of 34 (3) If the council member or manor is acquitted or found not auilty or is otherwise cleared of the charges which were the basis of the arrest, indictment, or information by reason of which he/she was suspended. under Section (b)-(d) then the citv council shall forthwith revoke the suspension and restore the council member or mavor to office. However, anv person who pleads not Quilfv or nolo contendere or is found guilty shall be deemed to have been convicted notwithstandina a suspension of sentence or a withholding of adiudication is considered to be ouilty. w w f • w r .• • � w • . w • • • • ' TOPIC 4 - Sec. 2.12 Procedure. (a) Meetings. The city council shall meet regularly at least once a month at such times and places as the city council may prescribe by resolution. Special meetings of the city council may be held on the call of the mayor or any council member limited to one tonic. There shall be at least twenty-four (24) hours advance notice of any special council meeting called and said meetings shall only be held after 5 p.m. If a public emergency exists any council member or charter officer may call a special meeting, and the advanced reasonable notice is reauired. rog,, @. :pent as well as t�4*e Fes44GWn shall be wai All city council meetings shall be public meetings, except as otherwise permitted by law. TOPIC 5 - Sec. 4.02 Filing of candidate's oath; fee. (b) The oath set forth in subsection (a) shall be filed with the city clerk at least eighty-one (81) sixty K34# days, but no more than ninetv-six (96) ) days, prior to the day of the election, along with payment of a nonrefundable filing fee in an amount to be set forth by Code. (c) {0 Filling vacancies in candidacv. in the event that following the close of the official Qualifying period set out in Charter Section 4.02(b). the number of legally Qualified candidates is fewer than the number of seats open for election, the new citv council shall fill the vacancy in office in the same manner described above in naracranh (c) of this section. Words stricken shall be deleted; words underlined constitute the proposed amendment; remaining provisions continue in effect. The use of ellipses ( • - - .. ) indicates existing language is omitted for the sake of brevity. 19 of 34 TOPIC 6 - Sec. 4.12 Election procedures; tie vote. (b) In the event that at any election there are two (2) or more candidates for the same office and they should receive the same number of votes, the outcome shall be in accordance with Florida law_ the question hag he deniderl lay 0 AneGial -up off elentinn between the final Gandidatnn to be held no later than thirty (30) days after the r-esult-s of the initial ele6tion are deGlaFed by Gity GounGX TOPIC 7 - Sec. 4.14 interim government. Should a condition arise where there should not be a maiority (3 or more) benocity council serving, either through death, resignation, removal or suspension from office or otherwise, in the interim until a special election can be called to fill such vacancies, the city clerk shall have the power to fill the vacancies until successors are elected, and sir h Gity rounril so appointed shag Gall a e pec'ial e4etia:7 ao p: ^i'ided h y this; Qhor+er In the event of the inability or refusal of the city clerk to serve in such capacity or to fill such vacancies, within five (5) days after such condition arises, the city manager shall do so. In the event of the inability or refusal of the city manager to act within twenty- four (24) hours, the city attorney shall do so. Words stricken shall be deleted; words underlined constitute the proposed amendment; remaining provisions continue in effect. The use of ellipses ( • • • • - ) indicates existing language is omitted for the sake of brevity. 20 of 34 Ma HOME OF PELICAN ISLAND MEETING DATE: CHARTER REVIEW COMMITTEE March 23, 2021 BACKGROUND: To give the Committee an idea of the finished product that will be presented to the voters, attached is the 2011 ballot questions. ATTACHMENTS: Per F.S.101.161, the ballot title cannot exceed 15 words in length; the explanatory statement cannot exceed 75 words in length. Additionally, per Dept. of State Directive 2019-02 Madera v. Lee, the ballot will also be translated in Spanish. 2011 Ballot Questions 21 of 34 CITY OF SEBASTIAN, FLORIDA CHARTER AMENDMENT QUESTION #1 CONDUCT ELECTIONS IN EVEN NUMBERED YEARS AND PROVIDE FOUR-YEAR TERMS FOR CITY COUNCIL MEMBERS Shall Sections 2.03, 2.04 and 4.12(a) of the City Charter be amended to provide that council members shall: • be elected in even numbered years instead of having elections every year; and • be elected to four year terms instead of two year terms; provided that, for purposes of transition, council members elected in 2011 shall serve anti( November 2014? Yes for Approval - - - No for Rejection (D-11-10) CITY OF SEBASTIAN, FLORIDA CHARTER AMENDMENT QUESTION #2 REMOVAL OF CHARTER OFFICERS Shall Section 3.03 of the Charter be amended to provide that any charter officer may be removed from office with or without cause by a majority vote of the entire city council, without the presentation of written charges, suspension, notice to the charter officer, hearing and delay provided for in the current Charter? Yes for Approval No for Rejection (0-11-12.) CITY OF SEBASTIAN, FLORIDA CHARTER AMENDMENT QUESTION #3 FILLING VACANCIES ON THE CITY COUNCIL Shall Section 2.08 of the Charter be amended to fill city council vacancies without calling special elections: • if there is a scheduled citywide election within 6 months of the vacancy, the city council may appoint a replacement; • if there is no election within 5 months, the city council shall appoint a replacement within 45 days; and • vacancies are created if there are fewer candidates than city council seats open for election? Yes for Approval No for Rejection - .._... _. (0-11-09) 22 of 34 CITY OF SEBASTIAN, FLORIDA CHARTER AMENDMENT QUESTION #4 ELECTION ARRANGEMENTS Since general state law and other provisions of the City Charter establish the manner in which elections are to be called and held, shall Section 4.07 of the Charter, which deals with the same subject, be repealed in its entirety? Yes for Approval No for Rejection (a-11-08) CITY OF SEBASTIAN, FLORIDA. CHARTER AMENDMENT QUESTION #S CITY COUNCIL INVESTIGATIONS AND ORDERS Since the Charter prohibits the city council from giving orders to any employee other than a charter officer, shall Section 2.11 of the Charter be amended to delete references to penalties for failing or refusing to follow orders from the city council? Yes for Approval No for Rejection (Q-11-11) CITY OF SEBASTIAN, FLORIDA CHARTER AMENDMENT QUESTION #G COMMENCEMENT OF COUNCIL MEMBER TERMS In order to provide the city with additional time to receive election results from the Supervisor of Elections, shall Sections 2.04, 2.06 and 4.08 of the City Charter be amended to provide that newly elected council members be sworn in at the first regular meeting of the council following certification of the election results? Yes for Approval No for Rejection {0-11-13} 23 of 34 CITY OF SEBASTIAN, FLORIDA CHARTER AMENDMENT QUESTION #7 JUDGE OF QUALIFICATIONS FOR OFFICE AND THE CONDUCT OF CANDIDATES Shall Sections 2.09 and 4.13 of the Charter be amended to provide that the Florida Division of Elections, the Florida Elections Commission or the courts shall determine issues relating to the qualifications and election of city council members, rather than assigning these responsibilities to the City Council? Yes for Approval No for Rejection (0-11-14) CITY OF SEBASTIAN, FLORIDA CHARTER AMENDMENT QUESTION #8 DELETE REFERENCES TO POOR HOUSES, DAIRIES & SLAUGHTER HOUSES Shall Section 1.02 of the City Charter be amended to delete the references to "poor houses", "dairies" and "slaughter houses" listed in that Section? Yes for Approval No for Rejection (0-11-07) 24 of 34 The 202o Florida Statutes Title IX ELECTORS AND ELECTIONS Select Year: 2020 v G Chapter 101 View Entire Chapter VOTING METHODS AND PROCEDURE 101.161 Referenda; ballots.- 1(1) Whenever a constitutional amendment or other public measure is submitted to the vote of the people, a ballot summary of such amendment or other public measure shall be printed in clear and unambiguous language on the ballot after the list of candidates, followed by the word "yes" and also by the word "no," and shall be styled in such a manner that a "yes" vote will indicate approval of the proposal and a "no" vote will indicate rejection. The ballot summary of the amendment or other public measure and the ballot title to appear on the ballot shall be embodied in the constitutional revision commission proposal, constitutional convention proposal, taxation and budget reform commission proposal, or enabling resolution or ordinance. The ballot summary of the amendment or other public measure shall be an explanatory statement, not exceeding 75 words in length, of the chief purpose of the measure. In addition, for every constitutional amendment proposed by initiative, the ballot shalt include, following the ballot summary, in the following order: (a) A separate financial impact statement concerning the measure prepared by the Financial Impact Estimating Conference in accordance with s. 100.371(13). (b) If the financial impact statement projects a net negative impact on the state budget, the following statement in bold print: THIS PROPOSED CONSTITUTIONAL AMENDMENT IS ESTIMATED TO HAVE A NET NEGATIVE IMPACT ON THE STATE BUDGET. THIS IMPACT MAY RESULT IN HIGHER TAXES OR A LOSS OF GOVERNMENT SERVICES IN ORDER TO MAINTAIN A BALANCED STATE BUDGET AS REQUIRED BY THE CONSTITUTION. (c)1. If the financial impact statement projects a net positive impact on the state budget resulting in whole or in part from additional tax revenue, the following statement in bold print: THIS PROPOSED CONSTITUTIONAL AMENDMENT IS ESTIMATED TO HAVE A NET POSITIVE IMPACT ON THE STATE BUDGET, THIS IMPACT MAY RESULT IN GENERATING ADDITIONAL REVENUE OR AN INCREASE IN GOVERNMENT SERVICES. 2. If the financial impact statement projects a net positive impact on the state budget for reasons other than those specified in subparagraph 1., the following statement in bold print: THIS PROPOSED CONSTITUTIONAL AMENDMENT IS ESTIMATED TO HAVE A NET POSITIVE IMPACT ON THE STATE BUDGET. THIS IMPACT MAY RESULT IN LOWER TAXES OR AN INCREASE IN GOVERNMENT SERVICES. (d) If the financial impact statement is indeterminate or the members of the Financial Impact Estimating Conference are unable to agree on the financial impact statement, the following statement in bold print: THE FINANCIAL IMPACT OF THIS AMENDMENT CANNOT BE DETERMINED DUE TO AMBIGUITIES AND UNCERTAINTIES SURROUNDING THE AMENDMENT'S IMPACT. The ballot title shall consist of a caption, not exceeding 15 words in length, by which the measure is commonly referred to or spoken of. This subsection does not apply to constitutional amendments or revisioKp6PI34ed by joint resolution. (2) The ballot summary and ballot title of a constitutional amendment proposed by initiative shall be prepared by the sponsor and approved by the Secretary of State in accordance with rules adapted pursuant to s. 120.54. The Department of State shall give each proposed constitutional amendment a designating number for convenient reference. This number designation shall appear on_the ballot. Designating numbers shall be assigned in the order of filing or certification and in accordance with rules adopted by the Department of State. The Department of State shall furnish the designat' g-number, the ballot title, and, unless otherwise specified in a joint resolution, the ballot summary of-earamendment to the supervisor of elections of each county in which such amendment is to be voted on. (3)(a) Each joint resolution that proposes a constitutional amendment or revision shall include one or more ballot statements set forth in order of priority. Each ballot statement shall consist of a ballot title, by which the measure is commonly referred to or spoken of, not exceeding 15 words in length, and a ballot summary that describes the chief purpose of the amendment -or revision in clear and unambiguous language. If a joint resolution that proposes a constitutional amendment or revision contains only one ballot statement, the ballot summary may not exceed 75 words.in length. If a joint resolution that proposes a constitutional amendment or revision contains more than oneb_a�lot statement, the first ballot summary, in order of priority, may not exceed 75 words in length. (b) The Department of State shall furnish a designating number pursuant to subsection (2) and the appropriate ballot statement to the supervisor of elections of each county. The ballot statement shall be printed on the ballot after the list of candidates, followed by the word "yes" and also by the word "no," and shalt be styled in such a manner that a "yes" vote will -indicate approval of the amendment or revision and a "no" vote will indicate rejection. (c)1. Any action for a judicial determination that one or more ballot statements embodied in a joint resolution are defective must be commenced by filing a complaint or petition with the appropriate court within 30 days after the joint resolution is filed with the Secretaryof_State. The complaint or petition shalt assert all grounds for challenge to each ballot statement. Any ground not asserted within 30 days after the joint resolution is filed with the Secretary of State is waived. 2. The court, including any appellate court, shall accord an action described in subparagraph 1. priority over other pending cases and render a decision as expeditiously as possible. if the court finds that all ballot statements embodied in a joint resolution are defective and further appeals are declined, abandoned, or exhausted, unless otherwise provided in the joint resolution, the Attorney General shall, within 10 days, prepare and submit to the Department of State a revised ballot title or ballot summary that corrects the deficiencies identified by the court, and the Department of State shall furnish a designating number and the revised ballot title or ballot summary to the supervisor of elections of each county for placement on the ballot. The revised ballot summary may exceed 75 words in length. The court shall retain jurisdiction over challenges to a revised ballot title or ballot summary prepared by the Attorney General, and any challenge to a revised ballot title or ballot summary must be filed within 10 days after a revised ballot title or ballot summary is submitted to the Department of State. (4)(a) For any general election in which the Secretary of State, for any circuit, or the supervisor of elections, for any county, has certified the ballot position for an initiative to change the method of selection of judges, the ballot for any circuit must contain the statement in paragraph (b) or paragraph (c) and the ballot for any county must contain the statement in paragraph (d) or paragraph (e). (b) In any circuit where the initiative is to change the selection of circuit court judges to selection by merit selection and retention, the ballot shall state: "Shall the method of selecting circuit court judges in the (number of the circuit)_ judicial circuit be changed from election by a vote of the people to selection by the judicial nominating commission and appointment by the -Governor with subsequent terms determined by a retention vote of the people?" This statement must be followed by the word "yes" and also by the word "no." (c) In any circuit where the initiative is to change the selection of circuit court judges to election by the voters, the ballot shall state: "Shall the method of selecting circuit court judges in the (number of the circuitl judicial circuit be changed from selection by the judicial nominating commission and appointment by the Governor with 26 of 34 subsequent terms determined by a retention vote of the people to election by a vote of the people?" This statement must be followed by the word "yes" and also by the word "no." (d) In any county where the initiative is to change the selection of county court judges to merit selection and retention, the ballot shall state: "Shall the method of selecting county court judges in _(name of countyj_ be changed from election by a vote of the people to selection by the judicial nominating commission and appointment by the Governor with subsequent termsdetermined by a retention vote of the people?" This statement must be followed by the word "yes" and alsd"�y the word "no." (e) In any county where the initiative is to change the selection of county court judges to election by the voters, the ballot shall state: "Shall the method of selecting county court judges in _(name of the county,)_ be changed from selection by the judicial nominating commission and appointment by the Governor with subsequent terms determined by a retention v=dalso the people to election by a vote of the people?" This statement must be followed by the word "yes" by the word "no." History.-s. 34, ch. 4328, 1895; GS 218; RGS 262; CGL 318; ss. 1-11, ch. 16180, 1933; s. 1, ch. 16877, 1935; s. 4, ch. 17898, 1937; S. 1, ch. 22626, 1945; s. 5, ch. 26870, 1951; ss. 10, 35, ch, 69-106; s. 1, ch. 73-7; s. 13, ch. 77-175; s. 16, ch. 79-365; s. 2, ch. 80-305; s. 32, ch. 84-302; s. 11, ch. 90-203; s. 10, ch. 99-355; s. 1, ch. 2000-361; s. 4, ch. 2001-75; s. 5, ch. 2002-390; s. 5, ch. 2004-33; s. 11, ch. 2005-2; s. 33, ch. 2005-278; s. 29, ch. 2011-40; s. 6, ch. 2013-57; s. 16, ch. 2020-2; s. 4, ch. 2020-15. 1 Note. -Section 6, ch. 2020-15, provides that "[tlhis act does not require the Financial Impact Estimating Conference to amend or revise a financial impact statement that has been submitted to the Secretary of State before the effective date of this act. The provisions of this act, incEuding the ballot requirements for certain disclosures and statements, apply to constitutional amendments proposed by initiative which are proposed for the 2020 general election and each election thereafter; provided, however, that nothing in this act affects the validity of any petition form gathered before the effective date of this act or any contract entered into before the effective date of this act. Petition forms gathered before the effective date of this act shall be governed by the laws existing at the time that the form was initially gathered." Note. -Former s. 99.16. Copyright © 1995-2020 The Florida Legislature • Privacv Statement • Contact Us 27 of 34 RON//yyDt, SANnS OoYornor MEMORANDUM TO: Supervisors of Elections FROM: Laurel M, Lei Florida Secret of State DATE: May 13, 2019 LAUR EL AYR..0 , E seoretary of State SUBACT,. Directive 2019-02 -• Spanisli.Assistance.for Countywide and Statewldc Elections 1, pursuant to the attached Order Granting in part Plaintiffs' Motion fox. -Preliminary Wunction (Uadera v, Lee, No.: 1:18-ow-1 52-MW/(3PY (N.D, A% May 10, 2019),1 hereby issue this directive to and advisa the Supervisors ofBlections for AlHchua, Bay,,Drevard, Charlotte, Citrus, Clay, Goltiinbia, Duval, Escambia, Flaglor, Hernando, Higillatids, Todian Riveri4aoksonj Lake, Leon, Levy, Manatee, Ma-rion, Martin, Monroe, Okaloosh, OkQechobw, k'ased, Putnarix, St. Johns, St, Lucie, Santa Rosa, Sarasota, Sumter, Taylor, arrd-Wakulla Counties a�•follor�s: d, "All requirements ordered [herelnl shall be -in plaoo beforb voting related to, the ' March 17, 2020 presidential primary cicction, including early voting and vote�by- mail;" b. "01i or bofore the earliest date ballots are aequired to be oroated for voting related to tho March 17, 2020 presidential priffi y electlon,'tho supervisor of elections shall have official Spanish lanpago b-41lots available on a (1) unilingual ballot; (2) bi- or multilingual ballot, and/or (3) an electronic Voter Assistance Terminal, such as the Automarlc " c. "rho supervisor of elections shatt create a toll-fbco, w-Luity-speoific, Spanish - language hotline with at least one bilingual employee for the purpose of ' translating or otlielwise assisting Spanish -language voters during all early voting hours, hours when polls are open, and all hours during which voters can cur$ def elencles witli absentee or provisional ballots following olectinn days, and all R.A. Gray hulling - 900 South llronough SErect, Tal1nhaRaee, Florida 32399 850.245,6900 v 850.245,6125 Tfix)-D08-MyFloridimont 28 of 34 business hours on other'days. Additionally, the Secretary shall direct supervisors of olections to visibly display at each polling place the availability of Spanish - language hotline assistanco, including the eoutrty's Spanish -language hotline member and the state's Spanish language hotline number," The "five counties (Columbia, Jackson, Okeechobee, Taylor, Wakulla) [that] expressed concerns over the cost and bilingual staffing limitations for the [county- speoific telephone hotline} service," must "at a bare minimum.... create and advertise at polling planes a telephone -line, that patches there to the state's Spanish-languagahotllrra;" d. "The supervisor of election shall.pzovide in Spanish all official eloetion-related written and electronic mAterials,-including, but not limited to, ballots (as described in Subsection (b), supra), absentee and early voting applications and envelopes, provisional ballot envelopes and certifications, voter registration cards and applications, voting Instruotions, voter information guides and pamphlets, notifications of elections and polling place changes, p.olling.p[Ace signage, and all hiforniation available on the supervisors' websites. The existence of lhase materials shall be made known at polling places Arid the supe)-vlsors of elections' offices with prominent displays, Signage shall be prominently posted arrd explain in English and Spanish how voters.can obtain Spanish-lhnguage assistance;" e. "The supervisor of elections shall provide in Spanish all .notifications, arvtounoo eats, and informational materials about all stages of the electoral process, including materials concerning the opportututy to register, voter rogistratiotr deadlines, the tunes, places, and subject matters of the elections, the absentee and early voting processes, offices up for election, candidates who have qualified, and local issues or referenda and aimouncenients applicable to eleotioris in the counties;" f "The, supervisor of elections shall provide a copy of the Spanish -English Eleotion Terms Glossary prepared by the US, Election Assistance Commisston at each polling place;" g. "Tile supervisor of elections shall provide Spanish -language infoririation on websites that is readily accessible through prominent and identifiable Spanish - language links on cacti website. Smaller coerntles with less rmans*and resources to fully translate their website,s may provide a Spanish -language link-, prorrtinently displaced, to the state's eleetiotr-information website;" h. "The supervisor of elections shall provide information in Spanish on websites and at eaolr polling place that anyvoter who requires assistance to vote may bring a helper to assist them;" i, "To the extent inacfioable, the supervisor of elections shall recruit, lure, train, and assign bllingual.poll workers who are able to understand speak, write, and react 29 of 34 o. 'The supervisor of elections shall also provide signage in Spanish at polling places making voters aware of such sample ballots,°, 2. This directive remains in effect until such time os it is superseded or revoked by subsequent directive, law, or final court order. 30 of 34 Case 1:18-cv-00152-MW-GRJ DOCLH-nellt 131 Filed 05/10/19 Page 10 of 16 election, 6 the supervisor of elections shall have official Spanish - language ballots available on a (1) unilingual ballot; (2) bi- or multilingual ballot; and/or (3) an electronic Voter Assistance Terminal, such as the Automark.6 c. The supervisor of elections shall create a tall -free, county - specific, Spanish -language hotli.ne7 with at least one bilingual employee for the purpose of translating or otherwise assisting Spanish -language voters during all early voting hours, hours when polls are open, and all hours during which voters can cure deficiencies with absentee or provisional ballots following election days, and all business hours on other days. Additionally, the Secretary shall direct supervisors of elections to visibly display at each polling place the availability of Spanish -language hotline assistance, including the county's Spanish -language hotline number and the state's Spanish - language hotline number. d. The supervisor of election shall provide in Spanish all official election -related written and electronic materials, including, but not limited to, ballots (as described in Subsection (b), supra), absentee and early voting applications and envelopes, provisional ballot envelopes and certifications, voter 6 According to 26 of the 29 declarations of supervisors of elections, Spanish -language official ballots can be provided in those counties by this date. See generally ECF No. 123-1; see also ECF No. 126, at 6 n.3 & 6 n.6. Only three (Brevard, Columbia, and Santa Rosa) did not provide a timeline for when official Spanish -language ballots would be available. None of the responding supervisors stated they could not provide an official Spanish -language ballot by this tine. 6 The Auto►uark provides Spanish translations of ballots and is already in place in at least one county, Duval County. ECF No. 123-1, at 37. 7 According to the declarations of 29 supervisors of elections, the overwhelming majority indicated that a Spanish -language hotline (or functional equivalent) was already in place (Alachua, Clay, Duval, Escambia, Highland, Indian River, Leon, Okaloosa, Pasco, St. Lucie), is planned (Hernando), or is possible (Bay, Charlotte, Citrus, Levy, Marion, Martin, Monroe, Putnam, Santa Rosa, Sarasota, St. Johns, Sumter). Only five counties (Columbia, Jackson, Okeechobee, Taylor, Wakulla) expressed concerns over the cost and bilingual staffing limitations for the service. See generally ECF No. 123-1. Even so, the Secretary conceded at the hearing that "[w]e thinly the phone hotlines are an appropriate stopgap measure." ECF No. 128, at 36; see also id, at 39. Therefore, at a bare minimum, the five counties that expressed cost and staffing limitations for a Spanish -language hotline roust create and advertise at polling places a telephone line that patches them to the state's Spanish -language hotline. It goes without saying this hotline measure is far less onerous than, requiring bilingual poll workers. 10 31 of 34 2021 APRIL SUN MON TUE WED THU FRI SAT 4 5 6 1 2 3 Place Ad For 1st PH 7 8 9 10 11 12 13 14 18 19 20 21 25 1sL Public Hearing 15 16 wj 26 27 28 29 2nd Public Hearing www.free-printable-calendar.com 23 30 17 24 Place Ad for 2nd PH 32 of 34 20 21 MAY SUN MON TUE WED THU 2 3 9 10 16 17 23 24 30 31 Place Ad for 2nd beading 4 5 6 11 12 13 Council Presentation 18 19 20 25 26 27 1sL Ordinance Reading www.free-printable-calendar.com FRI SAT 1 7 8 14 15 21 22 28 29 33 of 34 2021 JUNE SUN MON TUE WED THU FRI SAT 1 2 3 4 5 6 7 8 9 10 11 12 2nd Ordinance Reading 13 14 15 16 17 18 19 Dissolve Committee 20 21 '22 23 24 25 26 27 28 29 30 www.free-printable-calendar.com 34 of 34