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HomeMy WebLinkAboutCANDIDATE HANDBOOK 2005HOME OF PELICAN ISLAND CTTY OF SEBASTTAN CANDI'DATE HANDBOOK PlARCH 8~ 2005 GENERAL ELECTI'ON HOME OF PEUCAN ISLAND CITY OF SEBASTIAN CANDIDATE HANDBOOK MARCH 8, 2005 GENERAL ELECTION To Prospective Candidates: Welcome to the City of Sebastian election process! You are about to participate in a process that comes with great commitment. I hope to provide each of you with as much general information as i can to assist you with your campaign, however, to understand the specifics of the process, each of you must familiarize yourselves with the Florida election laws that are being provided as a supplement to this handbook. Knowing the rules will save you time and money, and will keep your campaign open and fair. This handbook is intended to familiarize candidates for Sebastian City Council and their campaign treasurers with their duties and responsibilities. Keep in mind that all material is subject to change by the Florida legislature. The City Clerk's office is ready to assist you whenever we can. Please do not hesitate to call if you have any questions at all regarding your campaign. If we do not have an immediate answer for you, we will research by whatever means available to get it for you. Congratulations on your decision to run for office! City Clerk's office staff wishes you a successful campaign. Y, Sally ~.~, City Clerk MMC TABLE OF CONTENTS General Election Information And List Of Polling Places Becoming A Candidate For Sebastian City Council What Is A Candidate? Who Can Be A Candidate? When Can I Announce My Candidacy? Election Calendar Qualifying For Office Where And When Do I File? What Forms Do I File? What Fees Must I Pay? What If I Decide Not To Run? Campaign Reporting Political Advertising City Of Sebastian Charter Charter Pages CHT1 Through CHT20 List Of All Forms And State Publications For Election Qualifying And Information Which Are Inserted At Back Of This Handbook 1 2 3 4 5 6&7 8 9 Information In This Handbook Is Supplemental To State Of Florida Election Laws We Have Provided, As An Addendum To This Handbook, The Following Publications Provided By The State Of Florida: Florida Division Of Elections - 2004 Candidate And Campaign Financing Handbook Florida Commission On Ethics "2004 Guide To The Sunshine Amendment And Code Of Ethics For Public Officers And Employees" Manual Chapter 106 Florida Statutes mPLEASE FAMILIARIZE YOURSELVES WITH FLORIDA STATUTES-- KEEP IN MIND THAT DATES FOR THE STATE OF FLORIDA ELECTIONS WILL DIFFER FROM OUR ELECTION DATES - THESE PUBLICATIONS ARE PROVIDED FOR GENERAL ELECTION LAW INFORMATION For Further Information Contact: Sally A. Maio, CMC City Clerk City Of Sebastian 1225 Main Street Sebastian, FL 32958 (772) 589-5330 Srnaio@Cityofsebastian. Org GENERAL ELECTION INFORMATION · Election Day Is The Second Tuesday In March (March 8, 2005) (Charter2.03) · Sebastian City Council Consists Of Five Members (Charter2.01) · City Council Members Serve Two Year Terms (Charter2.04) · There Are Three (3) Two-Year City Council Terms To Be Filled At The March 8, 2005 General Election (Charter2.03) · Due To A Mid-Term Resignation Thera Will Also Be a One (1) One-Year Term To Be Filled at the March 8, 2005 General Election. · City Council Seats Are At-Large (Charter2.01) · City Council Candidates Must Be Qualified Electors In The City And Have Actually Continually Resided In The City For A Period Of One Year immediately Preceding The Final Date For Qualification (Charter2.02) · City Council Terms Begin At A Special Meeting On The Monday Evening Following The Election (Charter2.04) · Mayor And Vice Mayor Are Elected By City Council Each Year From Among Its Members At The First Scheduled Meeting Subsequent To The Election (Charter 2.06) Precinct CITY OF SEBASTIAN POLLING PLACES: .Location 103 Sebastian Community Center, 1805 N. Central Avenue, Sebastian 104 VFW Post 10210, 815 Louisiana Avenue, Sebastian 105 Sebastian Elks Lodge No. 2714, 731 South Fleming Street, Sebastian 106 North Indian River County Library, 1001 CR 512, Sebastian 107 Sebastian Elementary School, 400 CR 512, Sebastian 109 North Indian River County Library, 1001 CR 512, Sebastian 201 Wabasso School, 8895 U.S. Highway 1, Wabasso 203 Calvary Baptist Church, 123 Thunderbird Drive, Sebastian 204 Sebastian Christian Church, 190 Day Drive, Sebastian Polling Places are Established by the Supervisor of Elections for Indian River County and Are Subject to Change. Becoming A Candidate For Sebastian City Council What Is A Candidate? Florida Statutes 97.021(3), Defines A Candidate As A Person To Whom Any One Or More Of The Following Applies: 1. Seeks To Qualify For Nomination Or Election By Means Of The Petitioning Process. Seeks To Qualify For Election As A Write-In Candidate. (Write-Ins Are Not Provided Far in Sebastian Elections) Receives Contributions Or Makes Expenditure, Or Gives Consent For Any Other Person To Receive Contributions Or Make Expenditures, With A View To Bringing About His Or Her Nomination Or Election To, Or Retention In, Public Office. 4. Appoints A Campaign Treasurer And Designates A Primary Depository. 5. Files Qualifying Papers And Subscribes To A Candidate's Oath As Required By Law. Who Can Be A Candidate? 1. City Charter 2.02 Eligibility States, "No Person Shall Be Eligible To Hold The Office Of Council Member Unless He Or She Is A Qualified Elector in The City And Actually Continually Resided In The City For A Period Of One (1) Year Immediately Preceding The Final Date For Qualification As A Candidate For Said Off-ice." Person Must Not Be Holding Another Elective Or Appointive Office, Whether State, County, Or Municipal, The Term Of Which, Or Any Part Thereof, Runs Concurrently With Each Other, Without Resigning From The Office He Or She Presently Hold. This Would Not Apply To Municipal Committee- For Which There Is No Pay. (See FS 99. 012 For Further Provision) City Code states "No person shall serve on more than one city board or permanent committee simultaneously." Election to City Council would result in automatic removal from any city board or permanent committee. When May I Announce My Candidacy? I. If You Are A Qualified Elector And Will Have Continually Resided In The City For One Year Prior To The Final Date Of Qualifying, You Are Eligible To Run. 2. You May Discuss Your Candidacy At Any Time; However, You Are Considered An "Announced" Candidate When Your Qualifying Officer (City Clerk) Receives Your Appointment Of Campaign Treasurer And Designation Of Campaign Depository- Form DS-DEg. You Need To File This Fan, Before You Accept Any Campai,qn Contributions Or Make Any Campai,qn Expenditures tlncludino Your Qualifying Fee[ Your Campaign Bank Account Cannot Be Opened Until You Have Filed This Form, This Form Shows: B. C. D. Your Name, Address And Phone Number Office Sought Name, Address And Telephone Number Of Your Campaign Treasurer Name And Address Of Your Campaign Depository (Bank, Savings And Loan Association, Or Credit Union) Signature Of Candidate And Date. Signature Of Campaign Treasurer, Indicating Acceptance Of Appointment And Date. Florida Statutes 106.023 Requires That, Within Ten (10) Days Of Filing The Appointment Of Campaign Treasurer And Designation Of Campaign Depository, You File A Statement Of Candidate (DS-DE 84) Stating That You Have Received, Read And Understand The Requirements Of Chapter 106, Florida Statutes. A Copy Of Chapter 106 And The DS-DE 84 Form Are Included In This Packet. December 8, 2004 December 17, 2004 December 31, 2004 January 10, 2005 January 7, 2005 January 17, 2005 January 21, 2005 February 4, 2005 February 6, 2005 February 18, 2005 February 18, 2005 February 21, 2005 2005 ELECTION CALENDAR Mayor Calls Election By Proclamation (Ch 4.05) Council Adopts Resolution Naming Polling Places, Offices To Be Filled, Questions To Be Decided, Authorizing Supervisor Of Elections To Administer And Subsequent Payment Therefore (Ch. 4. 07) First General Election Advertisement (100. 021 FS) Second General Election Advertisement (100.021 FS) Quarterly Report Due For Anyone Who Pre- Qualified (Submitted Form DS-DEg Appointment Of Campaign Treasurer And Designation Of Campaign Depository Prior To End Of December) First Day To Qualify For Office (Ch 4.02) Dr. Martin Luther King, Jr. Birthday - Closed For City Holiday Last Day To Qualify For Office (Charter 4.02) First Referendu m Advertisement - If Needed (FS lO0. 342) First Day Political Signs Can Be Posted (Land Development Code 54-3-~6.5. E. 4) First Treasurer's Report Due By 5 Pm For Pedod Of 01/01/05 Through 2/11/05 (FS 'I06.07) Second Referendum Advertisement - If Needed (FS 100.342) Presidents Day - Closed For City Holiday March 3, 2005 March 4, 2005 March 8, 2005 March 14, 2005 June 6,2005 No Further Contributions To Be Accepted After Midnight (FS 105.06) Second And Final Treasurer's Report Due By 5 Pm For Period 2/12/04 Through 3/3/05 (FS I06.07) ELECTION DAY (Charter 2.03) Special Meeting For Accepting Canvassing Board Results By Former Council, And Swearing In And Election Of Mayor And Vice Mayor By Council Elect (Charter 2.04) Surplus Funds Must Have Been Disposed And Final Treasurer's Report Due (FS 106.141) 3 Qualifvina For Office A. Who Is My QualifyinR Officer? Your Qualifying Officer Is The City Clerk. B. When And Where Do I File My QualifvinQ Panere? When: Starting 8:00 A.M. On Friday, January 7, 2005 And Ending 4:30 P.M. On Fdday, January 21, 2005 (VVeekdays 8 Am To 4:30 P.M.) Where: City Clerk's Office City Hall 1225 Main Street Sebastian, FL 32958 What Forms Do I File? (Forms Are Located At Back Of Book) Appointment Of Campaign Treasurer And Designation Of Campaign Depository (Form DS-DEg) (This Form May Be Submitted At Any Time Prior To The Qualifying Period OR You Can Wait Until The January Qualifying Period To Submit All Forms - Remember Though Even If You File This Form During The Qualifying Period You Must Submit This Form First And Once Submitted You Can Then Open Your Campaign Account And Bring Back The Rest Of The Forms With The Qualifying Fee From Your Campaign Account) Statement Of Candidate (Form DS-DE84) Stating That You Have Received, Read And Understand The Requirements Of Chapter 106, Florida Statutes (This Form Must Be Submitted Within 10 Days After Submitting Form DS-DEg Appointment Of Campaign Treasurer And Designation Of Campaign Depository) Loyalty Oath For Candidates For Public Office/Oath Of Candidate (DS-DE 24B) (FS 876.05-.10) 4. Eligibility To Run Oath Form (Charter Section 2.02) 5. Financial Disclosure Form (CE Form 1) (FS 99.061(4) And 112.3145) 6. Form for Those Running for One-Year Seat Only D. What Fees Are Paid At Time Of Qualifvin~l? Campai.qn Account Check Made Payable To The City Of Sebastian In The Amount Of $61.00 - Which Includes The Following: A. City Election Filing Fee Of $25 (Code Sec 38-2) B. State Election Assessment Fee Of $36 (FS 99.093) E. What If I Decide Not To Run? Although Flodda Statutes Provides For Refund Of The Qualifying Fee (Which It Defines As The Filing Fee And The Assessment Fee) If A Candidate Withdraws His/Her Candidacy Pdor To The End Of Qualifying, City Code Section 38-2 Provides That The Filing Fee Is Not Refundable. Therefore, If A Candidate Withdrew Before January 21, 2005, Only The Election Assessment Fee Would Be Refunded. CAMPAIGN REPORTING Quarterly Reports Are Due On The 10th Of The Month Following Each Calendar Quarter For Those Who Filed The Appointment Of Campaign Treasurer And Designation Of Campaign Depository Form And Opened Campaign Accounts Prior To The End Of 2004. For Example, If You Open Your Account Before October 2004 You Would Have To File Campaign Quarterly Reports On October 10, 2004 And January 10, 2005. IfYou Open Your Account After October 1, 2004 But Before The End Of 2004, You Would Have To File A Report On January 10, 2005 This Is In Addition To The Reporting Dates Set Out Below: Election Due Dates And Reportinf:l Periods To Be Submitted On The 18th And 4~ Day Pdor To Election Reporting Period January 1, 2005 Through February 11, 2005 February 12, 2005 Through March 3, 2005 Termination Report Due Date February 18, 2005 By 5 Pm March 4, 2005 By 5 Pm June 6, 2005 By 5 Pm Reports Shall Be Filed Not Later Than 5:00 P.M. Of The Day Designated; However, Any Report Postmarked By The U.S. Postal Service No Later Than Midnight Of The Day Designated Shall Be Deemed To Have Been Filed In A Timely Manner. A Certificate Of Mailing By The U,S. Postal Service At The Time Of Mailing, Or A Receipt From An Established Courier Service, Which Beare A Date On Or Before The Date On Which The Report Is Due, Shall Be Proof Of Mailing In A Timely Manner. Florida Statute 106.07(7): In Any Reporting Period When There Has Been No Activity In The Account (No Funds Received Or Expended), The Filing Of The Report Is Waived, However, The Filing Officer Must Be Notified in Wdting On The Prescribed Reporting Date That No Report Is Being Filed By Submitting Form DS-SE87 Waiver Of Report) Each Candidate Shall, Within 90 Days After Becoming Unopposed, Withdrawn, Eliminated, Or Elected To Office, Dispose Of Funds In The Campaign Account And File A Termination Report. FOR FURTHER PROVISIONS RELATING TO CAMPAIGN TREASURERS' RESPONSIBILITIES, CAMPAIGN REPORTING AND CAMPAIGN FINANCING PLEASE REFER TO FLORIDA STATUTES PROVIDED. IT IS VERY IMPORTANT THAT EACH CANDIDATE UNDERSTAND THE SPECIFICS OF FLORIDA LAW WHEN IT COMES TO CAMPAIGN FINANCING. FLORIDA LAW PROVIDES FOR FINES AND PENALTIES FOR VIOLATIONS OF CAMPAIGN FINANCING RESTRICTIONS. 5 POLITICAL ADVERTISING (Political Signs Do Not Require A Permit But Must Comply With The Following Provisions) City Of Sebastian Land Development Code Section 54-3-16.5.E.4. Provides Regulations For Political Signs As Follows: 4. Political Signs. A. General. Political Signs Shall Not Be Posted On Or Over Any Public Property Or Right- Of-Way. B. Political Signs In Residential Districts. Political Signs in Residential Districts Are Allowed Subject To The Following Provisions: (1) No Sign Shall Exceed Sixteen (16) Square Feet; (2) No Sign Shall Be Illuminated; (3) Each Sign Shall Be Freestanding; (4) Each Sign Shall Be Located Wholly On Private Property; (5) Each Sign Shall Be Placed At Least (5) Feet From All Rights-Of-Way And Sidewalks; (6) No Sign Shall Exceed Five (5) Feet In Height; (7) No Sign Shall Be Placed On Or Attached To Any Tree Or Utility Post. C. Political Signs In Nonresidential Districts. Political Signs In Nonresidential Districts Are Allowed Subject To The Following Provisions: (1) No Sign Shall Exceed Twenty (20) Square Feet; (2) No Sign Shall Be Illuminated; (3) Each Sign Shall Be Freestanding; (4) Each Sign Shall Be Located Wholly On Private Property; (5) Each Sign Shall Be Placed At Least (5) Feet From All Rights-Of-Way And Sidewalks; (6) No Sign Shall Exceed Ten (10) Feet In Height; (7) No Sign Shall Be Placed On Or Attached To Any Tree Or Utility Post. D. Posting Time Limits. Its Shall Be Unlawful For Any Person To Post A Political Sign More Than Thirty (30) Days Pdor To The Election In Which The Candidate's Name Or The Issue Will Appear, And It Shall Be Unlawful To Fail To Remove A Political Sign Within Five (5) Days After The Election In Which The Candidate Is Eliminated Or Elected Or The Issue Is Approved Or Disapproved. E. Removal Of Illegal Signs. The Code Enfomement Division Shall Order The Immediate Removal Of Any Political Signs Found Posted Within The City in Violation Of This 6 Section. If The Sign Is Not Removed Within Two (2) Days, The Code Enforcement Division Shall Remove The Political Sign. Fine. A Fine Of Twenty-Five Dollars ($25.00) Per Sign May Be Imposed Upon The Person Posting Said Sign Or Upon The Candidate Promoted On Said Sign For Any Of The Following: (1) Failure To Remove All Signs Within The Applicable Five-Day Period For Removal; (2) Placement Of Signs Upon Public Property Or Upon Any Tree, Utility Pole, Or Similar Object. Prima Fascia Evidence. Political Signs Placed In Violation Of This Section Which Advertise A Particular Candidate Shall Be Prima Facie Evidence Of The Placement Or Authorization Of The Placement Of The Sign By The Candidate. Reimbursement For Removal Expense. The Candidate Or The President Of The Committee Supporting Or Opposing The Ballot Measure, As Applicable, Shall Reimburse The City For Any And All Expenses Of Removal Incurred By The City, THE CITY OF SEBASTIAN DOES NOT REGULATE THE CONTENT OR WORDING OF SIGNS, HOWEVER, THERE ARE SIGN RESTRICTIONS UNDER FLORIDA STATUTES WITH POTENTIAL FINES AND PENALTIES FOR VIOLATIONS. FOR FURTHER PROVISIONS RELATING TO POLITICAL SIGNS PLEASE REFER TO FLORIDA STATUTES 106 PROVIDED. IT IS VERY IMPORTANT THAT EACH CANDIDATE UNDERSTAND THE SPECIFICS OF FLORIDA LAW WHEN IT COMES TO POLITICAL ADVERTISING. CITY OF SEBASTIAN CHARTER P_~RT I CHARTER* See. 1,01. Sec. 1.02, Sec. LOS. Sec. 1.04. Sec. 1.05. Sec. 2.01. Sec. 2.02. Sec. 2.03. Sec. 2.04. Sec. 2.05. Sec. 2.06. Sec. 2.07. Sec. 2.08. Sec. 2.09. Sec. 2.10. Sec. 2.11. Sec. 2.12. Sec. 2.13. Sec. 2.14. Sec. 2.15. Sec. 2.16. Article I. Creation and Powers Creation and powers. Exl~at errit ori~ powers. Intergovernmental relations. B ounds.ries. ]~z~sting busLnesses may continue after ,~,o~at/on. Article II. City Council Article IlL A~T,i,,istration and Legs/Departments See. 3.01, Sec. 3.02. Sec. 3.03. Sec. 3.04. Sec. 3.05. Division 1. Ganerslly Creation. Appointment [of CheWer officers]. Removal [of Ch~ o~ce~]. Ci~ m~age~ powers ~d du~es. ~ Merk *Editor's note--Printed herein is the Home Rule Charter of the City of Sebastian adopted by Ordinance Number 0-78-9 on October 9, 1978, and approved at referendum on December !1, 1978. The Chex~er became effective January 1, 1979. Obviously m~-spe]led words have been correcmd w/~ou~ notaden. Words added for c/arificat/on have been added m brackets. Amendments have been included and are htd/cated by a history no~e ~r,~edia~ely fo]lowing ~he amended section. State law reterences--Mu.n/c/pa] Home l~ule Powers Act, F.S. ch. 168; Charter amend- merits, F.S. § 166.031, Supp. No. 22 C}IT:I SEBASTIAN CODE Sec. 3.06. Sec, 3,07. Sec, 3.08. Sec. 3.09. Division 2, Police Depa~'~ent Creation; chief, Chief of police--Duties and authoriW. Stone--Officers. Division 3, Legal City attorney. Sec. 4.01. Sec. 4.02. Sec. 4.03. Sec. 4.04. Sec. 4.05. Sec. 4.06. Sec. 4.07. Sec. 4.08. Sec. 4.09. Sec. 4.10. Sec. 4.11. Sec. 4.12. Sec. 4,13. Sec. 4.14. ~icle IV. Elections Adoption of state election laws. Filing of caudidate's oath; fee. Special municipa~ elections to elect eleci:ive officers. Special election for other purposes. C.111~g an election by resoluti(m. Election precincts and polling places; ciW to designate. Elections--How arranged; inspectors and clerks. Same~Canvass ef returns; certificates of election. Same--Ballots. Voting machines. Absentee voting. Election procedures; tie vo~. Conduct of candidates for election office. In~erbn government. Sec. 5.01. Sec. 5.02. Sec. 5.03. Ar~iete ¥, Genera/Provisions Severabiliry of provisions. Effective date, Char~er review committee. Sec. 6.01. Sec. 6.02. Sec. 6.03. Sec. 6.04. Sec. 6.05. Article VI. Transition Titie to property reserved. Obligations ,mlmpaired. Officers and employees holdover. Ord~ ,.nces preserved. Contiuuation of former charter provisions. Supp. No. 22 Cf-IT:2 CHART'EI{ ARTICLE I. C1LEATIONAND POwe:RS* Sec. 1.01. Crea/ion and powers. The City of Sebastian, Florich~ as now established, shall continue to be a municipal body politic and corporate in perpetu/ty under the name "City of Sebastian" and, under that name, shall have all governmental, corporate, and proprietary powers to enable it to conduct m,~cipal government, perform municipal functions and render m,~cipal services, and may exercise any power for municipal purposes except as otherwise provided by law. Sec. 1.02. E~:a~err/torial powers. In addition ~o the powers euumerated herein, the dr? shall be vested with all extraterr/- torial powers heratofore granted by the pr/or Char~er of the City oF Sebast/an~ Elorida, as follows: (1) Acquisition of property. To acquire by purchase, gift, dewise, condemnation, lease or otherwise, real or personal property or any es~a~e thereto, or riparian rights or easements therein, v~thi~ or without the C~r, to be used for any municipal purpose, inclucLing cememries or places for burial of the dead; streets and h/ghways, public parking lots or spaces; bridge ~md Umbel sites; the construction of a telephone system; plants, works and walls and other equipment necessary for supplying said city with water, ice, gas for fl],,~a~-afi~g and hes~-~ purposes, and electric power for naming, hea~-E or power purposes; the location of wat~,~orks and sit~s for public utility works; the estab]/shtaent of poor houses, houses of de~ent/en end correction; hospitals for the sure or dstent/on of the sick; ja/ls; market houses, p~blic perks, playgrounds, airports, docks, sea wal]s, yacht harbors, wh,rves, warehouses, prome- hades; p~ants £er cremating, nentr-li~g ar otherwise destroying sewerage, garbage and re/use; for extension of sewer and drainage pipes and waterw-i~; and for any public or munic/pal purpose; and to improve, sell, lease, pledge or otherwise dispose of s,~ne or any part thereof for the benefit of the city, to the same ex~ant that navaral persons might da, in the m--~er provided in tkis Cha.~er. (2) Docks, wharves, sec~ walls. To es+~ablish, construct, n~-*,o_in, operate and control public landings, piers, wharves and docks within and withou~ the slay, and W acquire lands, riparian rights or other rights and easements necessary for such purposes; to control and re~ula~e the operation of boats and the speed thereof; to lay and coliec~ reasonable duties, charges or fees on vessels or watercraft cvmi-g rotc or ~,~g such landings, wharves, ,n~ docks; to regulate the m---o.r of using any and all wharves and docks within and wi~ot~t the sity and fine rates of whax/age or charges to be paid by vessels or other wa~erarsf~ using the same. (3) Use of~oz~blic lands and waters. To regulate and control the use and occupancy of the waters, waterways, water bc~oms, wharves, causeways, bridges, beaches, streets, *State law reference~Home rule powers generally, F.S. § 166.021. Supp. No. 22 CHT:3 § 1.02 SEBASTIAN CODE thoroughfares, alleys, parks, public lots, and other public places in the city and municipally owned or leased property within or without the city ]~raits; and to impose and enforce adequate penalties for violation o£ such rules and regulations. (4) PubZic uti~ii'iss. To furnish a.ny and all local public services, inci~r~f electa'icity, gas, water, t~ghts, or Vransportation, and to charge and collect necessary fees or charges therefor; to purchase, hire, construct, own, ex, and, maintain, operate or lease any public utilities, elecUtic light system, telephone and ~ele~aph system, waterworks and plants, ice plants, and works, gas plants and distribution systems, bus or tranmt systems, radio broadcasting s~at/ens, television stations, cablevision rebroadcasting syst~m~, telephone systems, or other public utility; to estmblish, impose and enforce rates and charges for supplying such services or conveniences by the city to any person, persons, firm or corporation; ~o furmsh any and all local public services to persons, firms, iudns~ries, or municipal corporations residing or located outside of the ]~mi~ of said city. To acquire in any lawful mn=-=er in the State of Flor/da such water, lands and lands under water as the city council may deem necessary for the purpose of providing an adequate water supply for smd city and the piping ~nd 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 ail lands comprised wi~h~= the l~m~,s of the water shed tributary to any such supply wherever such lands may be located in the State of Florida. (5) ~4b~tsme~t o£~uissnces. To compel the abatement and removal of all nu/sances wi~.h~n the city or upon the proper~y owned by the city beyond its corporate l~*m, at the expense of the person or persons causing the same, er of the owner or occupant of the grounds or premises whereon the same may be. (6) Dairiesa~dsto~. Toprovideforinspectingandreg~datingthesanitarycenditianofall dain'es, butcher pens, slaughter houses, mea~ markets, or other places wi~b~= and without the city l~s, where the products of same are sold with~= the city ~m~ts, and to provide penalties for the violation of such regulations. (7) Airports. To purchase, acquire, take hold, establish, constrnst, equip, ma/ntain and operate municipal airports, lana~=g fields, hangars, aviation ~erm~=als end tratien buila~=gs, runways depots, warehouses, garages, repair shops, oil end fuel t~=k= or s~ations, or other necessary appurtenances for the use of airplanes end ether alrcrafL and tn acqu/rs or lease any and a_U real property w~h~= the corporate or with~= ten (10) miles of the boundaries thereof for such purpose; to set apart end use for such purpose any real proper~, owned or leased by the city, whether or not originally acquired by condenmatian, purchase or lease for another purpose; to adopt and enforce reasonable rules end regulations governing the use of such municipal airports; ~o employ airport directors, airport managers, employees or agents in connection with such operation; to/mpose fees or charges in connection with the use of such an'Port or airpor~ facilities; to sell gasoliue or other supplies necessary in cormertion with the operation ef such atrports; to provids lounges, eating places, Supp. No. 22 C.kJ.T:4 C PLkRTER § 1.02 refreshment p~rlors and other facilities in connection writh such municipal airports; to let or lease to private persons or corporations portio~ of said akrPorts for bulidiug sites, bar, gar space, concessions or other uses for a term mot To exceed thirmy (80) years; to prescribe and promulgate reasonable rules sad regulations for the operation of anch airports, and to exercise supervision and control of such operation; to accept a_ud receive grau~s ~rom the state and federal governments and any body politic for the construction, maintenmuce, operation and management of such airport facilities. (8) Contracts w~h other governmental c~genc~es. To eater into coa~racts with the State of Florida or any of its subdivisions ox agencies, and with the United States of America or any dep~,-~ent or any agency thereof, in order to purchase, lease or acquire property, real amd personal, withi~ or without the l~mlts of the territorial boundaries of the city, for any municipal purpose, and to sell, alienate, convey, lease or otherwise dispose of so_me for the benetlt amd advantage of said city. (9) To comvey to Uniled States or Sta~ of ~'~orida. To acquire real estate or any interest therein, located wi~hi~ er without the territorial limits of said city, by purchase, gift, devise, condemnation or otherwise, ~or the purpose of giving, granting or conveyingthe same to the United States of_~xaerica ortho State of Florida, or any lav~ agency or subdivision thereof, whenever the city council of said city sh~l deem it advisable, bene~cial amd to the best interest of said city so to do, or in order to induce the cons~ction of public instigations and public works of any and all kinds. (10) Go~fco~ree. To acquire, couslrUct, eyre and operate a golf course or golf courses and all such bni)r~ngs and improvements as said city may deem necessary or desirable Tor use in comaectian therewith, with~ or outside of the lirn*s of said city; to use any lands now owned by said city for the purpose of a golf course or golf courses, and to acquire by purchase, lease, condemanaticn or otherV~Se for such purposes any la. ads wi~h~ or outside the l~r~ts of said city as it may deem necessary or desirable, to charge reasonable oHmi~sians, rentals or fees for the use or enjoyment of such golf course or golf courses by the users thereof, and prescribe reasonable rules and regulations £er the use and operation thereof. (i1) Eminent domain. To exercise the right and power of emiuent domain, that is, the right to appropriate property wi~hi~ or without the territorial ]irn~ts of said city for the following uses or purposes: For streelm, lanes, alleys and ways, for public perks, squares and grounds, for dr~-go and for raising or *11~ng in land in order to promote sanitation and healthfuiness, ~or rec)-~m~g and ~11~,g when lauds are tow or wet or over~lowed, altogether or at times and entirely or purtl~, for the abatement of any nuisance, for the use of water pipes end for sewage aud drainage purposes, for laying wires aud conduits under the groun~ for city buildings, waterworks, pounds, electric power plunks, bridges, sea walls, b,llrheads, causeways, docks, golf courses, airports amd any and all other powers granted to said city by this Charter and for any other municipal purpose and for any other purpose granted by law, all of which shall be coextensive with the powers of the City of Sebastian exercising the right of sup~. No. 22 CPI~.5 § 1.02 SEBASTIAN CODE domain and the iDsolute fee ~mple title to all property so taken and acquired shall vest in said city unless the city seeks to coudenmu a particular right or es~at~ in such property. That the procedure for the exercise of ambient dor~ or the condemnation cf any lands or property under this subsection shall be the same as is provided by the ~eneral la~vs of the State of Florida with respect to (Res. Ne. R-85-16, § 2, ~-15-88; election of 3-14-89; Ord. No. 0-93-21, §§ 1--3, 1-12-94, election of 3-8-94; Ord. 1~o. O-99-18, § l, 11-8-99, election of S-14-00) ~tate law referenoe~--lViu~icipal home rule powers, F.B. ch. 166. Sec. 1.03. Iutergove~mental relations. The city may exercise any of its powers or per/om any of its hmcdons and may pa.l~c/pate m the financing thereof, jointly or in cooperation, by contract or otherw~e with any city, cov.uty, state, the Un/~ed States or any ogeucy or governmental unit thereof. State law reference ]ntergoveramental program% F.S. ch. 16~. Sec. 1.04, Boundless. The corporam l~rn~ts of the city shatl be ss presently estabZished or ss heroeS-tar ~b~used pursuant to state law. State law reference---I~unicipal ~nn~ion or construction, F.S. ch..171. Sec. 1.05. F,~ing businesses may conthlne after ~-~exation. ~y re~ prope~ upon w~ch a la~ bu~ess is b~ conduced at ~e ~e ~e s~e is t~en ~to ~e c~ora~e ~e~to~ C ~e ci~, d~g ~e con~u~ce of ~e sme bus.ess it sh~ be ~d the s~e p~eges, ~mm,~fies ~d ~pdo~ ~ ~o~h ~y such b~ess had be~ c~duc~ed ~b~ ~e ~ for the ~e cf opera,on p~or ~ ~on to ~e ~W at such loca~on. ARTICLE H. CITY COUNCIL Sec. 2.01. Composition. There eh.Il be a city council consisting of five (5) council members elected by the q~l~ed vo~ers of the city at large. (Ord. No. 0-9t-29, § 1, !-8-92; Ord. No. 0-93-03, § !, !-27-93) Sec. 2.02. Eli~biHty. No person ~h~ll be eilgible to hold the office of council member unless he or she is a qua]i~ ed doctor in the city and a~mlly continually resided m the city for a period of one (1) year *nmediately precea~ the find date for qu-l~cation as a candidate for sa/d office. (Ord. No. O-84-1, § 1, 2-1-84; Ord. No. 0-92-05, § 2, 1-27-93) Supp. No. 22 CI-I~:6 CHARTER § 2.06 Sec. 2.03. Election. (a) The or, ce o£ mayor, whose term expires flu March, 1994; shald be filled'upon such expiration as provided in section 2.06 ofth/s Charter. Thareaf~r, there sh,l~ be held a general elect[on of two (2) council members on the second Tuesday in March of each even-numbered year and of three (3) council members in each odd-numbered year. (b) The city elections shall have at large voting; provided that the city coun~J, sh~]] have the authority to submit by ordinance to the vo~ers a referend,~r~ for the election of city council by districts to be designated by the city council. (Ord. No. O-91-29, § 1, 1-8-92; Ord. No. 0-93-03, § 3, t-27-93) Sec. 2.04. Terms. (a) The terms of the council members shall be for l~vo (2) years, or until a successor has been duly elected or appointed and sworn. Co) The t~ of each newly elected council member shall begin on the Monday fo[lowing the election, at a special meeting of the city council to be held for the purpose of swearingin such newly elected offic/ats. Ifa regular city cotmcil mee~dng Js to be held the Monday following the election, the newly elected c~icials ~h~11 be sworn in at the conclusion of such re~l~r meeting. (Ord. Ne. 0-9t-29, § 1, 1-8-92; Ord. No. 0-93-03, § 4, 1-27-93) Sec. 2.05. Compensation. The mayor, vice-mayor vd each of the other councJ~ members shall be paid the following emcunts on a monthly basis: (t) Mayor: Four hundred fiit-y dollars ($460); (2) VEee-mayor: Three hundred dollars ($300); and (3) Co~zncfl members: Three hundred dollars ~$300). (Res. No. R-82-22, 9-8-82; l~es. No. R-87-04, § Vi, 2-4-87; Ord. No. O-91-29, § 1, 1-8-92; Ord. No. O-93-02, § 1, 1-27-93; Ord. No. O-99-22, § 1, 11-3-99, election of 3-14-00) Sec. 2.06. M~yor; vice-rn~yor. (a) Mayor--Selection and term. Cor. v. encing March 1994, af-~er the seating of any newly elected council members, at the first scheduled city council meeting subsequent to the second Tuesday in March, the new city council shall, as the first order &business, elect a mayor from among its members. The incumbent mayor or in his ~r her absence, the vice-mayor or in his or her absence, the senior member of city council, shall ask for no~-ations for mayor. After all no,-~- at[ohs have been made, the nor~. atioas chsll be closed. The city clerk shall then coil the roll of the council members and each coun~ member shall cast an sffirmat[ve vote for the council member of their choice. The council member that receives a majority vece shall be elected mayor. In the event no council member receives a majori~ of the votes cast on the firs~ Supp. No. 22 C~-~[':7 § 2.06 SEBASTL&N CODE ballet, balloting with sequential roll calls shaft centinue until a council member receives a majorityvote. Counc/1 members shaI1 not no~uate themselves. Onty elected council members shail be eligible for the office of mayor. (1) If there is no mayor sen'ced on the new or existing city council, a temporary c/ty council chairperson map' be elected from the incumbent members of the city council for the purpose of electing a mayor as set forth above. (2) In the event there is only one nom~uation and second for mayor, the nomiuee shall be seated as mayor. (b) Mayor - Duties, general. The mayor shall preside at each meetin~ of the city councl1, shall have a vote upon maff~ers before the city count/l, but shall not possess a veto power. The mayor shall have the power to preserve the peace and order, be recognized as the head of the city government for al/ceremonial pm-poses, and shall be recognized by the governor as the head of the city ~over~m'c for purposes of m~]~tory law. The mayor shall sign all ord~u~uces, resoin~ions and proalemations of the city council or other documents as required by law on behalf of the city as directed and author/zed by the city council, which shall also be attested by the city clerk_ (c) V~ce-mayor--SetecZion and term. At the first re~l~ly scheduled city council meeting subsequens 'co the second Tuesday in March, the city council shall elect a vice-mayor from among its members. The term of the vice-mayor shall be for one year or un~il his or her successor is elected. The vice-mayor shall be elastsd using the same procedure as for the election of mayor. (d) ~fwe.mayer--Duties, general. In the absence or disability of the mayor~ the vice-mayor shall serve as mayor during such absence or disabili~: In the absence or disability of both the mayor and vice-mayor, the sen/or member of city counci~ shall serve as mayor during such absence or d~sabili~y. (Ord. No. 0-91-30, § 1, 1-8-92; Ord. No. 0-93-03, § 5, t-27-93; Ord. No. O-99-2~, § ~, 11-3-99, election of 3-t4-00) Sec. 2.07. General powers and duties. A3/powers of the city shall be vestsd in the city council, except as otherwise provided by law or ~h~ Charter, and the c/ty council shall provide for the exercise thereof and for the performance of all duties and obligations imposed on the city by law. (Ord. No. O-91-29, § ~, 1-8-92) Sec. 2.08. ~aaancies; forfeiture of office; frUing of vacancies. (a) Vacancies. The office of council member or the mayor sha~ become vacant upon his/her death, resigner/on, removal from office in any m ~uuer author/zed by law or £or~eiture of his/her office. Supp. No. 22 CI-IT:8 CPIA~TEE § ~.09 (b) Forfeiture of office. A counci~ member or the mayor sha~ forfeit his/her office if he/she: (1) Lacks at shy time dv-Vmg his/her term of oftics any q~m~l~cation for the of~ce prescribed by this Charter or by law; (2) ~olates s.uy express prohibition o£this Charter; (8) Is convicted of a crime involving moroS turpitude; or (4) Fails to attend ~hras (3) consecutive regular nxeetinge of the city couucl] without being excused by the city council. (c) 2-~il~ing vacancies. In the event of a vacancy in the office of a council member, the city council shall, by t~lsn g individual nor,~n ations and voting thereupon, appoint a person having the quul~catious of council member te occupy such of/isa until the earlier of (1) the seating of a successor elected by the electorate of the city at the next genera] m,~nlcipal election for the city where the qualifying period for seeking election for council menmbers has not expired, or (2) for the remainder of the unexpired term of the council office in which the vacancy exists. In the event a successor is te be elected for the unexpired term, the caadidares shs_ll run speci~cally for that seat on the council. However, if there is no genera] election wikhln a six-month period of the occurrence of the vacancy and the unexpired term for the vacant seat exceeds six mouths, a special election shoJl be held vdth all due basso to elect a successor, aud the appointee shall serve until the successor is seared at the first regular mse~ng of the council faHov/ing certi~cation of the election results. (Ord. No. 0-88-43, § 2, 1-11-89; Ord. No. 0-91-29, § l, 1-8-92; Ord. No. O-91-30, § 2, 1-8-92; Ord. No. 0-93-02, § 2, 1-27-93; Ord. Nc. O-99-24, § l, 11-3-99, election of 3-14-00) Editor's note--Section 1 of Ord. 1~o. 0-88-43, adopted January 11, 1989, repealed former § 2.08 in its enl~rety and § 2 of the ordinance ranumbered § 2.09 as § 2.08. The repealed provisions pertained to supervision over sJm~ni~trative officers and derived from the origins] Charter of the city adopted by Ord. No. 0-78-9 on October 9, 1978. Sec. 2.09. Judge of qu-~i~catlons. The city counci~ shall be the judge of the election and q~,~H~oations o£ its members ~ud of the grounds for forfeiture of their office wad for that purpose shah have power to subpoena ~rithseses, s~rn~=~$ter oaths and require the production of evidence. Upon the ~Hng by a sit-~ing member of council of a written charge that a member has cor~r=~tted conduct violating section 2.08(b), the city council must vote whether said charge would, if proved, constitute a violation and whether a reasonable basis exists for believing the viola%ion occttrred, sad upon an =~rmative dstervn~nation by the majority, a special meeting shall be scheduled v~hln thlrCy (30) days for a hearing on the charge. Alternatively, a member charged by a member of the puh~dc with conduct constituting grounds for forfeiture of his/her office shah be entitled to a public hearing on demand. Notice of such heermg shall be published in one (1) or more Supp. No. 22 CHT:9 § 2.09 SEBASTIAN CODE newspapers of ganera) circulation in the city at least one (11) week in advance of the hearing. Decisions made by the city council under this section shall be subject to review by the courts. (Ord. No. 0-88-43, § S, t-11-89; Ord. No. 0-91-29, § 1, 1-8-92; Ord. No. 0-99-25, § l, 11-3-99, elec~ian of 8-14-00) Editor's noto Section 3 of Ord. No. 0-88-48, adopted J~nuary 11, 1989, ranumbered § 2.10 as 9 2.09. Sec. 2.10. City council-employee relationship. Neither the city council nor any ofi~s members shall in anym~ner dictate the appoin~mant or removal of any city employee except the charter officers nor shall the city council or any of its members give orders rn any employee, other than city council orders ~o a charter officer. The city council or its members shall implement all pohoy matters through the appropriate char~er officer. (Ord. No. 0-88-43, § 4, 1-11-89; Ord. No. 0-91-29, 9 1, 1-8-92) Editor's note~See the editor% note following § 2.09. Sec. 2.11. Investigations. The city council may make investigations into the s_ffsirs of the city and the conduct of any c~ty depa~,~nent, office or agency and for this purpose may subpoena witnesses, e~,~=~ster oaths, take testimony and require the production of evidence. Any person who f~l~ or refuses to obey a lawful order issued in the exercise of these powers by the city council shall be guilty of a misdemeanor. (Ord. No. 0-85-43, 9 8, 1-11-89; Ord. Ne. O-91-29, 9 1, t-&92) Editor's note~Sections 5~7 of Ord. lqo. 0-85-48, adop~ed January 11, 1989, repealed former 99 2.11--2.13 which pertained to the city manager, city clerk and city ~reasurer and derived from the Charter adopted October 9, 1978, by Ord. No. 0-78-9. Sections 2.14--2.19 of the Charter were ranmnbered as §9 2.11--2.16 by §9 8--13 of Ord. No. 0-88-43. 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 resointian. Special meetings of the city council may be held on the call of the mayor or any council member. Whenever practical, each council member shall receive at least t~Velve (12) hours advance notice of any specisl council meeting called. If a public emergency as d~ed under Florida law exists any council member or charter officer may call a special mee~g~ and the twelve (12) hour advance notice requirement shall be waived. All city council meetings shall be public meetings, except as otherwise permitted by law. (b) t~utes andjo~zrnal The city council shall dster~e its own rules and order of business and shall provide £er keeping a journal of its proceedings. Th/s journal sh~]] be a public record. (c) Voting. Voting may be by voice vote, except that a roll cae vote shall be required on appropriation of funds, for the approval of an ordinance or upon any motion upon the cae of any council member. The ayes and nays on each roll cae vote shall be recorded m the miuu~es Supp. No. 22 CHAR~i~R § 2.14 of the meeting. Three (8) members of t~.e city counci~ shall constitute a quorum, but a smaller number may adjourn from time to ~me and may compel the attendance of absent council members in the manner end subject to the penalties prescribed by the rules of the city council then in force. No action of the c/ty council, except as otherwise provided in this Char~er, shall be valid er bincEng unless adopted by the =*~rmative vote of three (3) or more council members. (Ord. No. 0-88-43, § 9, 1-11-89; Ord. No. O-91-29, § 1, 1-8-92; Ord. No. 0-91-30, § 3, 1-8-92; Ord. I'Jo. 0-98-02, § 3, 1-27-93; Ord. No. 0-99-26, § t, 11-8-99, election of 8-t4-00) Editor's note-See the editor's note following § 2.11. Sec. 2.13. Emergency ordinances. To meet a p~blic emergency affecting life, health, property er the public peace, the city council may adop~ one (1) or more emergency erdinences, but such ordinances may not levy taxes, grant, renew er extend a.franchise, regulate the rate charged by any public utility for its services or authorize the borrowing of money except an emergency appropriation. An emergency ordinance shall be in~roduced in the form and m~er prescribed for ordinences genera]ly, except that it shall be plainly designated as an emergency ordinence and shal] cont,.in, after the enacting clause, a declaration stating that an emergency exists and describing it in c]eer end specific te~ms. An emergency er~i-~ce may be adopted with or without amendment or rejected at the meeting at which it is inl~raduced~ but the ~ffi~ma~ive vote of at least four (4) members shall be required for adoption. After its adoption the ordinance shall be posted as prescribed for other adol~d ordinances. It shall become e~ective upon adoption er aS such later time as it may spec{~ Every emergency ordinance except an emergency apl~opriation shall automatically stand repealed as of the ninety-first (91st) day fo]lowing the date on which it was adopted, bu~ ~hi~ shall not preven~ reenactment of the ordinance in the =0.~-er spech~ed in this section if the emergency still esist~. An emergency ordinance may also be repealed by adoption of a repe~Hng ordinance in the same m~n~er specified in tb2s set,on for adoption of emergency ord~nancas. (Ord. No. 0-88-43, § 10, 1-t1-89; Ord. No. 0-91-29, § 1, 1-$-92) Editor's note~See the editor's note foJ.lowmg § 2.11. State law reference--Uniform ~-~,~,~n requirements for adoption o£ ordinances, F.S. § 166.041. Sec. 2.14. Codes of tech~llCOl reffula~ions. The city council may adopt eny standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such an adopting ordinance shall be as prescribed for ordinances generally, excep~ that: (1) The requirements ofs~ate law for distribution and ~]~- g of copies &the ordLuance shall be con~ued to include copies of the code of tech-ical regulations as wel] as of the adopting ora~-~nce; ~d (2) A copy of each adopted code of ~echnical regulations as well as of the adopting ord~==ce sha]] be authenticated and recorded by the city clerk. (Ord. No. 0-88-4~, § 11, t-11-89; Ord. No. 0-91-29, § 1, 1-8-92) Editor's no,e--See the editor's note folloWmg§ 2.11. Supp. N~.22 CPIT:ll § 2.15 SEBASTL~N CODE Sec. 2.15. Authentication and recor~t~g; codification; printing. (a) Authentication and recording. The city clerk shell authenticate by such clerk's signature and record in full in a properly indexed book kept for such purpose all ordinances and rasoludons adopted by the city council. (b) Codification. The ciW council shall provide for the preparation of a general codification of all city ordinances and resolutions having the force and effect of law. The genera] cod/fication shall be adop~ed by the city counciI by ordinance and shall be published promptly in bound or looseleaf form, together w/th this Charter and auy amendments thereto, and such cedes o£ technical regulations and other rules and regulations as the city coauc~l may specify. This codidcat/on shall be known and cited officially as the Code of Ordinances o£ the City of Sebastian, Florida. Copies of the Code sba11 be furnished to ciW officers, placed in 1/braries and public offices for iree public reference, and made available for purchase by the public at a reasonable price fixed by the city council. The Code of Ordinances of the City of Sebas+~, Florida, as amended as of the effective date of this ordinance, is hereby validated, confirmed and shali be aar-~ssible in evidence in the courts of the state ~rithout proof of auy procedural notice er action relating to their adoption. (c) PrUning ofordlnancas and resolutions. The city council shall cause each ordinance and resolution having the force aud effect of law and each amendment to this Charter to be printed followiug its adoption, and the prm~ed ordinances, resolutions and charter amendments shall be ELiSrributed or sold to the public at reasonable prices to be fixed by the city council. Following publication of the first Sebastian City Code and at all times therea_~ter, the ordinances, resolutions and charter amendments shall be printed in substantially the same style as the Code currently in effect and abel1 be suitable in form for integration therein. (Ord. lqo. 0-85-4S, § 12, 1-11-89; Ord. No. 0-91-29, § l, 1-8-92) Editor's note See the editor's note foliowing § 2.11. Sec. 2.16. Standing comrnltteee. (a) StandLug committees may be appointed by the city coanc~1. The membership, powers and duties of such co~-~t~ees shard be provided by the resolution of the city counc/i. (b) Periodic reports to the city council shaII be made bt' the stand/rig committees as to the accomplishments and fuU~re acu~t/es contemplated by each standing committee, as directed by the city counc~. (Ord. No. 0-88-43, § 1S, t~11-89; Ord. No. 0-91-29, § 1, 1-8-92; Ord. No. 0-91-30, § 4, 1-8-92) Editor's note--See the ed~ter's no~e following § 2.11. Supp. Nc. 22 CHT:12 CKAR~R § 3.03 ARTICLE IH. ADIVffNISTRkTION ~ LEGAL DEPARTM~INTS* DIVISION 1. GENERALLY Sec. 3.01. Creation. (a) The city council may estab]~h c/ty dep~utments, offices or agencies in addi~ian to those expressly crea~ed ~n the City Charter and may prescribe the fi~nctdons of all dep~uents, offices and agencies. Mot~thstanding the foregoing sentence, no function speci~cally assigned in the City Charter to a par~cuiar department, of/ice or agency may be discontinued or reassigned to a d~erent department, o~ce or agency by the city counc/], ~cept to the extent silowa'ele under the provisions of the City Chsr~er. (b) The city manager, city clerk and city attorney see designated Charter officers. (Ord. No. 0-88-43, § 14, 1-11-89; Ord. No. 0-91-29, § 1, 1-3-92; Ord. No. 0-93-02, § 4, 1-27-93) Sec; 3.02. Appointment [of Charter officers]. The Char~er officers shall be appointed by the city council and serve at the pleasure e£the city council subjec~ to the provisions of section 3.03 of this article. (Ord. No. 0-88-43, § 14, 1-11-89; Ord. No. 0-91-29, § 1, 1-8-92) Sec. 3.0S. Removal of Chattier officers. (a) Any Ch~er officer may be removed ~rom office for cause, or without cause pursuant to the terms of au employman~ agreement, by a majority vote of the entire city counsel. Co) tn the event that one or more council members believes that cause ~ts for the removal of a Charter slicer, such cou~cll members shall present written charges to the entire city council at a regulsely scheduled meeting for discussion. The city council may, by a vote at least three (3) council members that said charge would, if proved, constitute e violation and that e reasonable basis exists for belie~g the violation occurred, formally charge the named Char~er o~cer with miscondns~ and ~ r, ediately suspend such Char~er officer form office. Notice of the suspension end the speci~c charges of r-~conduct shah be served upon the a~ected Charter officer in person or by certi~ed or registered mai[, ret~n receipt requested, to the last known address of the s£fected Charter o~icer. The suspended Charter officer shah have the right ~o a hearing before the city council upo~ request. The suspended Char~er officer shn]] be g~ven a reasonable period of~rne in order te prepsee for such hearing. At the conclusion of the heanng, the suspended Charter o(-~cer shall be removed ~ the city couns~ ~uds, by a vote o~ at least *Editor's note~Sect~on 14 of Ord. No. O-88-89, adopted January lt, 1939, repea~ed former Art. III, which contz~n~d §§ 3.01---3.05, and enacted a new article III te read as set out herein. The repealed article perteined to s~lar provisions and derived ~rom the Charter adopted by Ord. No. 0-78-9 on October 19, 1978. Supp. No.~ CHT:13 § S.05 SEBASTIAN CODE three (3) comucfl members that cause exists to suppor~ such removal. In the event that at least three (3) counsfl members do not find that cause exists for removal, the suspended Char~er officer shall be ~r~ediately reinstated :o his er her charter office. (Ord. No. 0-88-4S, § 14, 1-11-89; Ord. No. 0-91-29, § l, 1-8-92; Ord. No. 0-93-02, § §, 1-27-93; Ord. No. 0-99-28, § t, 11-3-99, election o£3-14-00; Ord. Ne. 0-99-29, § 1, 11-3-99, election of 3-14-00) Sec. 3.04. City manager; powers and duties. (a) The city manager shal~ be the chief sam~u~tcative officer of the city. (b) The city manager, when necessar~ shah appoint, suspend, demote, or dismiss any city employee under his jurisdiction in accord once with the law and the personnel rules of the city and may anthor/ze any deparmnent head to exercise these powers with respect to subordinates in his respect/ve depar~nent. (c) Thecity~,.ager shalldirect aud supervise the adrninistrationofalldepa~ents of the city except the offices of the city clerk and city attorney. He shall atmsud ell 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 prov~sions, era~u~cse, resolutions, and other acts of the city council subject to enforcement by the city manager are faith/u]ly executed. (e) The city m*u~ger shall also prepare and submit the sun,m] budget, budget message, and capiUel program to the city council and shall keep the city council fully advised as te the financial condition and ~ut~re needs of the city, and shall make such reco,~r~endations to the city council concerning the affairs of the city as he deems desirable. The city council shall adop~ the ~T~111~1 budget, m~]lage rate and capital program, as presented or as modified, by resolution. (f) The city manager shad] designate a qv~l~6ed 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 ~rae and appoint another eligible person, other than a sitting council member, to serve as acting city manager. (g) The city manager, as authorized by the city Chsr~er, the Sebastian Code of Ordinances, or by the direction of the city council, shall sign all contracts, bonds, dsbenU~res, franchises and official documents on behalf of the city, which shall also be attested by the city clark. (Ord. No. 0-88-43, § 14, 1-11-89; Ord. No. 0-91-29, § 1, 1-&92; Ord. Nc. 0-91-30, § 5, ]-8-92; Ord. No. 0-99-2.q, § 1, tl-S-99, election of S-I~00; Ord. No. 0-99-30, § 1, 1~-3-99, election o£ 3-t4-00) Supp. No, 22 CPIA~R § 3.09 Sec. 3.05. City clerk. The city clerk shah g~ve notice of city council meetmFs to i~s members and the publ/c, keep the jeurna] of its proceedings and perform such other duties as are assigned to the clerk by tkis Char~er or by the city ce~ucil. (Ord. No. 0-88-43, § 14, 1-11-89; Ord. No. 0-91-29, § 1, t-$-92) DMSION 2. POLICE DEPARTMENT Sec. 3.06. Creation; chief. There shall be a pohce depa~'tment which shall consis~ of a chief of po[ice and such other sworn and non-sworn employees as may be determi=ed by the city council. The chief of police sh~l~ be the head o£ the po[ice department and shah direc~ the activities o£ its members and pohce department employees. The chief of police shall be appointed by the city manager. The mayor may, as provided by law, appoint and discharge spec/al policemen in times of riot or pub]lc emergency. (Ord. No. 0-88-43, § 14, 1-11-89) Sec. 3.07. Chief of 10oliee--Duties and authorit~y. It shnll be the duty of the chief o£police to attend meetings of the city council as directed by the city manager; to aid m the enforcement of order and m enforce the city's ordinances, to execute ~dl papers and processes of the dry or its authorities; and to perform such other duties as may be lawTully required o£ b~mfher. (Ord. No. 0-88-43, § 14, 1-11-89) Sec. 3.08. S~me~Officers. The skier o£ po]ice and all sworn pohce officers shall have the power to bear arms and make arrests as provided by Florida law and/er as may be provided by ordinance adopted by the city council. (Or([. No. ©-88-43~ § 14, 1-1:1-89; Ord. No. 0-93-02, § 6, 1-27-93) DMSION 3. LEGAL Sec. ~.09. City attorney. (a) There shah be a city attorney of the city who shah serve as chie£legal advisor to the city council, the mayor and ah city departments, offices and agencies, shah represent the city Lu s~l le~al proceedings and shah perform any other duties prescribed by tMs Charter or by ordJ.~ancs. Supp. No. 22 CI"lT: 15 § 3.09 SEBASTIAn' CODE (b) The city council shall have authority to retain addi~onal cotmsel in specL~c actions or proceea~ngs in iQ discretion..~so, the city counc~ may provide by ordinance for the additional office of and the appomEaent of an assistant civy attorney when the weight of the ~it-y attorney's duties increases to such an extent that the city council deems such a~tion advisable (c) The el~y a~torney shall receive such compensation as may be determined by the city council. (Ord. Ne. 0-8842, § 14, 1-1t-89; Ord. No. 0-91-29, § i1, t-8-92) ARTICLE IV. ELECTIONS* Sec. 4.01. _Adoptiom of s~nte election laws. All general laws of the State o~Florida, relating to elections and the registration of persons q~ ~l~6ed tn vo~e therein wh/ch ore not/nconsistent or in ce=~q~ct with the provisions hereof or the ordinances of the CiW of Sebastian, shall be applicable ~o all elty elect~ns. Sec. 4.02. Filing of ca.U,:t~el*te's oath; fee. (a) Each candidate, in order to q,~Hfy for election to the office of council member, shall take and subscribe ~o an oath or .66rmation in writing..& printed copy of the oath er ~rmation eh~] be rum/shed ~o the candidate by the ci~ clerk and shall comply wi~ the provisions of Florida law. (b) The oath se~ forth in subsection (a) sh~]] be filed with the city clerk a~ least foray-five (45) days, but no more than shV;y (60) days, prior to the day of the election, along with payment of a non~efundable *]~g ~ee as provided by law. (Ord. No. 0-91-29, § 1, 1-8-92; Ord. No. 0-93-04, § 1, 1-27-9S; Ord. No. 0-99-31, § 1, 1t-3-99, election of 3-14-00) Sec. 4~03. Reserved. Editor's note Sect/on 4.03, pert~-~g to speelal municipal elections to elect elec~ve officers was repealed in its entire~y by Ord. No. 0-93-04, § 2, adopted January 27, 1993. Sec. 4.04. Special election for other purposes. A special election for a purpose ether than the nomluation or election of city officials, may be authorized by resolution at any ~ne by the city cotmcil; provided, not less than thirty (30) days nor more than si~t-y (60) days mtervene bet~veen the date of the adoption of the resolution and the da~e of the alecfion, unless a different ~ime be otherwise provided in this Charter by ordinance or by s~a~utory law or const/~tions~ provisions, under authority of which the '~Sta~e law reference Electors and ele~/ons, F.S. ch. 97 et seq. Supp, Nc. 22 CHT:16 CHAETER § 4.05 election is called. Any mat~er or matters which by the terms of this Charter, which may be submitted To the electors of the city at any special election, may be subn~tted and voted upon at the regular municipal election. Sec. 4.05. Calling an election by resg~.utSxrff. " All elections shall be called by proclamation of the mayor issued not less th~u thirty (30) days before such election and shall be conducted except as othe~-¥v/se specifically provided, under the provisions of the general election laws cf the state, when not inconsistent with the provisions of this Charter. Should the mayor fsi] or refuse to ceil any election in due time, the city council shall do so by resohi~on. Sec. 4.06. Reserved. Editor's note~Section 4.06, perta~.~.g to election precincts and polling places and the tight for the city ~o designate same, derived from Ord. No. 0-91-29, § 1, adopted January 8, 1992. Ord. No. 0-93-04, § 3, adopted January 27, 1993, repealed this sectian in its entirety. Sec. 4.07. Elections--How arranged; inspectors and clerks. The city council, in conjunction with the city clerk, sh~l make all necessary arra-gemen~ for holding all city elections and shall declare the results thereof. The city council shall adopt a resolution, upon the c~l~i.g of an election, stating therein where the election shall be held, and n~.g the different offices to be filled, or questions to be decided, and shall cause the notice of the election to be published in accordance with Florida law. (Ord. l~o. O-91-29, § 1, 1-8-92; Ord. No. 0-93-04, § 4, 1-27-93) Sec. 4.08. Same~City canvassing hoard; canvass of election returns. (a) If the city is not holding its election as a part or,he election for India~ l~ver County, Florida, the city clerk shall appoint a city canvassing board to be composed of three (3) individuals; one (1) member she.Il be the city clerk, one (1) member sh~l] be the city at%orney, and the remaining member shall be appointed by the city clerk. The city clerk shall act as chairperson of the civy canvassing board. (b) V~hen a city cauvassing board has been constituted, the city canvassing board shsllmeet at a place and time designated by the chairperson, as soon as practicable after the close of the polls o~ any m,~=~cipal election involving the city, at which ~ime, the city canvassing board shall proceed to pubhcly canvass the absentee electors' ballo~s and then publicly canvass the vote as shown by the returns then on file la the office of the supervisor of elections for Indian ~ver Count~, Flotida. The city canvaas~g board shall prepare and sign a certi~cate cont~n~nE the to,s1 number of vo=es cast for each person or other measure voted on. The certificate shall be placed on file with the city clerk. (c) The city council shall hold a special meeting on the first Monday following the election for the purpose of receiving the ear'cate of the county canvassing board of the returns for Indian River County, Florida, or th~/vy canvassing beard, as the case may be. The city council Supp. No. 22 § 4.08 SEBASTIAN CODE shall then declare the results of the election and enter them in the ~nutee of the special meeting. Any oath of office required to be administered ~o the newly elected council members eh~11 be administered at such special city council meet~ug or at the next city council meeting where the newly elected council members ere in at~cendance. (Ord. No. 0-93-04, § 5, 1-2%92; Ord. No. 0-99-82, § t, 11-8-99, election of 2-14-00) Sec. 4.09. Same Ballots. The ballots shall conform to the £orm of ballots prescribed by the general alec~en laws of the State of Florida. (Ord. No. 0-93-04, § 6, t-27-93) Sec. 4.10. Voting machines. The c/fy is hereby authorized to use votin~ machines in the holding of all city elections, general ~rr special. State law reference Electren/c votiug systems act, F.S. § 101.5601 et seq. Sec. 4.11. Absentee voting. Absentee voting shall be permi~ed in ali municipal elections in the same mR~ner es now, or hereafter provided for in connection with state end county alect~ens. State law reference--Absentee ballet/ug, F.S. § 101.62 e~ seq. Sec. 4.12. Election procedttres; fie vote. (a) In all genera] or special elections, the candidates receiving the highest vote in each of the offices of council member to be filled, ~hR~l be elected for two-yeer tin. ms, or the balance of the term. ~b) In the event that at any election there are two (2) or more caudidaves far the same office and ~hey should recaive the same number o~ votes, the quest/on shal~ be decided by a spec/al run-o~ election between ~he t/ed candidame to be held no la, er than thirty (30) days after the results of the initi~d election ere declared by city council. (Ord. No. 0-84-3, § 1, 2-1-84; Ord. No. 0-88-44, § 1, 1-11-89; Ord. No. O-91-29, § l, 1-8-92; Ord. No. 0-93-04, § 7, 1-27-93; Ord. No. 0-98-19, § 1, 11-18-98; Ord. No. O-99-3.~, § 1, 11-3-99, election of 3-14-00) Editor's note Ord. No. 0-98-19, adopted Nov. 18, 1998, amended § 4.12(b) to read as herein set out. Such amendment was approved by the vo~ers at an election held Mar. 9, 1999. Sec. 4.13. Conduct of candidates for elecidon office. No candidate shad] violate the provisions of Florida Statu~es Chapter 104, (the Florida Election Code) as now constituted or as amended in the ~uture. A violation o£ any of these prov/eione sh,ll d/squalify such candidate from heldmg c/rice, if elected, and the person receiving the majority ofthe votes cast, observing the £oregoin~ conditions, shall be entitled to the office. Supp. No. 22 C~T:IS. CHA_RT~B § 5.0~ Any sitting member of council or candidate therefore may file a ~rrittan charge v~th ~he city clerk~ prior to opening of the meeting in which the election results see declared, that specifies an alleged v~olation of this provision by a candidate having been elected. The city council must vote whether said charge would, if proved, constitute a violation and whether a reasonable basis endstm for believing the violadan occurred, and upon aa affirmative cletsem~nation by the majority, a special meeting shah be scheduled w~h~= ~ ($0) days for a hearing on the charge in which the procedures of section 2.09 apply. Upon a finding by a majority vote of the whole council that a violation of any of these prov~sions occurred, such a ~md~=E shall ddsqualify such candidate from holding office, a~d the person receiving the majority o£ the votes cast, observing the foregoing conditions, sha]l be entitled to the office. (Ord. No. O-99-34, § 1, 11-8-99, election of 3-14-00) State law refureneas---Election violations, F. S. ch. 104; candidates, F.S. ch. 106; Code of etudes for public officers and employees, F.S. § 112.311 et seq. Sec. 4.14. Interim government. Should a candit~on arise where there should be no city council serving, either through death, resignation or otherwise, in the interim until a special election can be called to ill] such vacancies, the eity cisek shall have the power to fill the vacancies until successors are elected, and such city council so appointed shall cell a special election as provided by this Char~se. In the event of the inability ox refusal of the city clerk to sarve m such capacity or to fill such vacancies, wi~hi= five (5) days ai~er such condition arises, the city manager shall do so. Ia the event of the inability or refusal of the city m=nzgse to act wi~H~= twenty-four (24) hours, the city attorney shs]] do so. (Ord. ]qo. O-99-35, § 1, 11-3-99, election of 3-14-00) Sta~e law reference--Emergency continuity of government, P.S. ch. 22. ARTICLE V. GENERAL PROVISIONS Sec. 5.01. Severability of provisinns. If for any reason any section, pseagraph or part of this Charter shall be held invalid or unconstitutional, tha~ fact shall not affect, invahdate or desZroy any other section, paragraph or part of ~h~ Charter, and the remn~n~ portions thereof shall rema[u in full force and effect without regard to the section, paragraph or port/an invalidated. (Ord. Iqe. 0-9S-02, § 7, 1-27-93) Sec. 5.02. Effective date. Th~s Charter shall ~ke effect January 1, 1979. Sec. 5.03. Charter review committee. Not later than .&pr/1 15 of the year 1999 mud of every 7th year therea~er, the city council shall appoint a charter review committee to review the Charter of the cit~: Each charter review co~r~t~ee shall consist of fi.ftasn (15) reaiden~s of the c/ty. The cor~r-~ttee shall otherwise be Supp. No. 22 CHT:19 5.03 SEBASTIAN CODE appointed in the ms=~er provided by the Code of Ordinances. The committee shall be fimded by the city council and shall be known as the "City of Sebasttsn Charter l~ev~ew Cor-m~ttee." It shall, v~h~n si~ (6) months from the date of its formation, present te the city co~ucil its ~1 recommendation for ~mendmenz of the Charter or its recommendation that no amendment is appropriate. If amendmont is to be recor~mended, the charter review committee shall conduct two (2) public hearings, at intervals of not less th~n fourteen (14) days, prior te the transmittal of its recor~mendations to the city council. The city cou. ucil may by ordinance submit auy or all ef the recor~r~ended amendments to the electors for vote at the next general election held withiu the city or at a special election called for said purpose. (Ord. No. O-95-13, ~ 1, 10-14-98) Editor's no~e Ord. No. 0-98-13, § 1, amended the Charter by adding § 5.0S to read as herein set forth. Such amendment was approved by the voters at ~m election held Mar. 9, 1999. ARTICLE YL TRANSITION Sec. 6.01. Title to property reserved. The title, rights and ownership of all real and personal property, taxes due and unpaid, v_ucollected permits, dues, fees, judgments, shoses in action, penalties, decrees aud all property rights held or owned by the City of Sebas~n, sh~U succeed te and be vested in the City of Sebastian, a municipal corporation created, ~=ting amd org,=~ed under the provisions of this Chafer. Secs. 6.02, 6.03. Reserved. Editor's note~0rd. Ne. 0-99-36, § ~, adop:ed Nw. 3, t999, and approved by the voters at an election held ]VLer. 14, 2000, repealed §§ 6.02, 6.03, which pertained to ,l~-paired obligations of the city and holdover of city officers and employees pursuant to the adoption of the 1979 Charter. Sec. 6.04. Orrli,~amcee preserved. Ali ordinances in e~fect upon the adoption of th~ Chartsr, to the extent net inconsistent vrith it, shall remain in force until repealed or chan~ed as provided herein. Sec. 6.05. Continuation of former CharSer provisions. Ali provisions of the former city ChSr~er which are not embraced herein and which are not inconsistent wi~h th/s Charmr shall become ordmauces of the city subjes~ to moa~cation or repeal in the same m~er as ocher ordinances of the city. Supp. No. 2~ CHT:20 ELECTION QUALIFYING DOCUMENTS The Following Are Forms To Be Filled Out And Submitted During The Qualifvina Period Form DS-DE9 "Appointment Of Campaign Treasurer And Designation Of Campaign Depository For Candidates" (This Form May Be Submitted Prior To The Qualifying Period - Once Submitted And A Bank Account Established A "Candidate" May Begin Receiving Contributions And Making Expenditures - Note - No Campaign Signs May Be Posted Before February 6, 2005 In Accordance With Land Development Code) · Form DS-DE 24B "Loyalty Oath For Candidates For Public Office" And "Oath Of Candidate" Form DS-DE 84 "Statement Of Candidate" (Read And Understand Chapter 106 FS) (Must Be Filed Within 10 Days Of Candidate Filing Appointment Of Campaign Treasurer And Designation Of Campaign Depository [106.023 FS] - See Form DS-DE9 Above) · Eligibility To Hold Office Oath Form (Section 2.02 Charter) · Form 1 "Statement Of Financial Interests" · Form for Those Declaring Candidacy for One-Year Seat The Following Forms Are Held By The Candidate Until The Appropriate Reporting Periods (Please Refer To Schedule In Handbook) Form DS-DE 12 "Campaign Treasurer's Report Summary" (Contributions DS-DE 13 And Expenditures DS-DE 14 Forms Attached (Three Sets Of Each) · Form DS-DE 87 "Waiver Of Report" The FollowinR Booklets Are An Addendum To This Handbook: · Florida Division Of Elections - 2004 Candidate And Campaign Financing Handbook · Florida Commission On Ethics "2004 Guide To The Sunshine Amendment And Code Of Ethics For Public Officers And Employees" Manual · Chapter 106 Florida Statutes STATE OF FLORIDA APPOINTMENT OF CAMPAIGN TREASURER AND DESIGNATION OF CAMPAIGN DEPOSITORY FOR CANDIDATES (Section 106.021(1), F.S.) (PLEASE'r~PE) CHECK APPROPRIATE BOX: ~] Odginal Appointment Name of Candidate OFFICE USE ONLY Telephone (optional) I have appointed the following pemon to act as my 4. Name of Treasurer or Deputy Treasurer 5. Mailing Address (If post office box or drawer add street address) ] Deputy Treasurer [] Reappoimment of Treasurer [] Secondary Depository I 1. Address (include post office box or street, city, state, zip cede) Party (Pa~san candidates only) 3. Office (add district, cimuit or group number) [] Campaign Treasurer [] Deputy Treasurer 7. City I 8. County I I have designated the following named bank as my 11, Name of Bank 6. Telephone 9. State I 10. Zip Code [~] Secondary Depasi~3ry 13. City 17. Sk~natura of Candidate X ~ Primary Depository J 12. Street Address 14. County 15. State J 16. Zip Code I IDate Campaign Treasurer's Acceptance of Appointment (Please Print or Type) [] Campaign Treasurer [] Deputy Treasurer for the campaign of , do hereby accept the appointment as who is seeking nomination or election as a (Party) · As a duly registered voter in County, Florida, I am qualified to accept this appointmenL UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE READ THE FOREGOING CAMPAIGN TREASURER'S ACCEPTANCE OF APPOINTMENT AND THAT THE FACTS STATED ARE TRUE. candidate to the office of Date DS-DE 9 (Rev. 08103) X Signature of Campaign Treasurer or Deputy Treasurer LOYALTY OATH CANDIDATES WITH NO PARTY AFFILIATION (Sections 876.05-876.10, Florida Statutes) OFFICE USE ONLY STATE OF FLORIDA COUNTY (PLEASE PRINT) I, First Name Middle Name/Initial Last Name a citizen of the State of Florida and of the United States of Amedca,... and a candidate for public office.., do hereby solemnly swear or affirm that I will support the Constitution of the United States and of the State of Flodda. OATH OF CANDIDATE (Section 99.021, Florida Statutes) am a candidate for the office of (office) (district) (circuit) · I am a qualified elector of County, Flodda. I am qualified (group) under the Constitution and the Laws of Florida to hold the office to which I desire to be nominated or elected. I have qualified for no other public office in the state, the term of which office or any part thereof runs concurrent with the office I seek; and I have resigned from any office from which I sm required to resign pursuant to Section 99.012, Florida Statutes. UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE READ THE FOREGOING LOYALTY OATH AND OATH OF GANDIDATE AND THAT THE FACTS STATED IN EACH ARE TRUE. SIGN HERE Signature of Candidate Mailing Address Day Phone Fax Number City State Zip Code Data Signed DS-DE 2AB (Rev. 08/03) STATEMENT OF CANDIDATE (Section 106.023, F.S.) (Please Type) OFFICE USE ONLY candidate for the office of have received, read and understand the requirements of Chapter 106, Florida Statutes. X Signature of Candidate Date Each candidate must file a statement with the qualifying officer within 10 days after the Appointment of Campaign Treasurer and Designation of Campaign Depository is filed. Willful failure to file this form is a first degree misdemeanor and a civil violation of the Campaign Financing Act which may result in a fine of up to $1,000, (ss. 106.19(1)(c), 106.265(1), Florida Statutes). DS-DE 84 (Rev. 08/03) HOME OI~ PELIC.~I ISLAND ELIGIBILITY TO HOLD OFFICE OF COUNCILMEMBER .~ection 2.02 - ELIGIBILITY 'No person shall be eligible to hold the office of council member unless he or she s a qualified elector in said city and actually continually resided in said city for a ~eriod of one (1) year immediately preceding the final date for qualification as a :andidate for said office." I, , candidate for the office o ;ouncilmember, meet the qualifications to be eligible to hold office as required ir iection 2.02 of the City of Sebastian Charter, above. Signature of Candidate ~worn to and subscribed before me this day of Notary Public ;tare of Florida EAL FORM 1 STATEMENT OF 2003 Please prim or type your name, mailing LAST NAME - FIRST NAME -- MIDDLE NAME: FOR OFFICE USE ONLY: MA~LING ADDRESS: ID Code CITY: ZIP: COUNTY: ID No. NAME OF AGENCY: Conf. Code NAME OF OFFICE OR POSITION HELD OR SOUGHT: P. Req. Code CHECK IF [] CANDIDATE OR [] NEW EMPLOYEE OR APPOINTEE PDF 2003 **THIS SECTION MUST BE COMPLETED** DISCLOSURE PERIOD: THIS STATEMENT REFLECTS YOUR FINANCIAL INTERESTS FOR THE PRECEDING TAX YEAR, WHETHER BASED ON A CALENDAR YEAR OR ON A FISCAL YEAR. PLEASE STATE BELOW WHETHER THIS STATEMENT IS FOR THE PRECEDING TAX YEAR ENDING EITHER (check one): [] DECEMBER 31,2003 OR [] SPECIFY TAX YEAR IF OTHER THAN THE CALENDAR YEAR: MANNER OF CALCULATING REPORTABLE INTERESTS: THE LEGISLATURE ALLOWS FILERS THE OPTION OF USING REPORTING THRESHOLDS THAT ARE ABSOLUTE DOLLAR VALUES, WHICH REQUIRES FEWER CALCULATIONS, OR USING COMPARATIVE THRESHOLDS, WHICH ARE USUALLY BASED ON PERCENTAGE VALUES (see instructions for further details). PLEASE STATE BELOW WHETHER THIS STATEMENT REFLECTS EITHER (check one): [] COMPARATIVE (PERCENTAGE) THRESHOLDS OR L_] DOLLAR VALUE THRESHOLDS PART A -. PRIMARY SOURCES OF INCOME [Major sources of income to the reporting person] NAME OF SOURCE SOURCE'S DESCRIPTION OF THE SOURCE'S OF INCOME ADDRESS PRINCIPAL BUSINESS ACTIVITY PART B - SECONDARY SOURCES OF INCOME [Major customem, clients, and other sources of income to businesses owned by the reporting person] NAME OF NAME OF MAJOR SOURCES ADDRESS PRINCIPAL BUSINESS BUSINESS ENTITY OF BUSINESS' INCOME OF SOURCE ACTIVITY OF SOURCE PART C -- REAL PROPERTY [Land, buildings owned by the reporting person] FILING INSTRUCTIONS for when and where to file this form are locat- ed at the bottom of page 2. INSTRUCTIONS on who must file this form and how to fill It out begin on page 3. OTHER FORMS you may need to file are described on page 6. CE FORM I - Eft. 1/2004 (Continued on reverse side) PAGE I PART D -- INTANGIBLE PERSONAL PROPERTY [Stocks, bonds, certi~csfas of deposit, etc.] TYPE OF INTANGIBLE BUSINESS ENTITY TO WHICH THE PROPERTY RELATES PART E -- LIABILIllES [Major debts] NAME OF CREDITOR ADDRESS OF CREDITOR PART F -- INTERESTS IN SPECIFIED BUSINESSES [Ownership or positions in certain types of bu~nassse] BUSINESS ENTITY # 1 BUSINESS ENTITY # 2 BUSINESS ENTITY # 3 NAME OF BUSINESS ENTITY ADDRESS OF BUSINESS ENTITY PRINCIPAL BUSINESS ACTIVITY POSITION HELD WITH ENTITY I OWN MORE THAN A 5% INTEREST IN THE BUSINESS NATURE OF MY OWNERSHIP INTEREST IF ANY OF PARTS A THROUGH F ARE CONTINUED ON A SEPARATE SHEET, PLEASE CHECK HERE [] SIGNATURE (required): DATE SIGNED {required): FILING INSTRUCTIONS: WHAT TO FILE: WHERE TO FILE: WHEN TO FILE: After completing all parts of this famq, including If you were mailed the form by the Commission InYdelly, each local olficer/employee, state signing and dating it, send back only the first on Ethics or a County Supervisor of Elections officer, and specified state employee must fiis sheet (pages 1 and 2) forflling, for your anoual disclosure filing, return the farm within 30 day~ of the date of his or her to that Iocetion. appointment or of the beginning of employ- ment. Appointees who must be confirmed by Lo~alofficera~mployees fiis with the Supervisor the Senate must itle prior to corr~rmation, even of Elections of the county in which they perma- if that is less than 30 days from the date of nently reside. (If you do not permanently reside their appointment. NOTE: in Ftodda, file with the Supen~cor of the county MULTIPLE FILING UNNECESSARY: where your agency has its headqnarters.) Candldate~ for publicly-efactad idcel office must file at the same time they file their Generally, a person who has filed Form 1 for a State off/cers or specked state ompteyses qualifying papers. calendar or fiscal year is not required to file a file with the Commission on Ethics, RO. Drawer second Form I for the same year. Howe~r, a 15709, Tal]ahassee, FL 32317-5709. Thereaf~r, local officers/employees, state candidate who previously filed Form I because officers, and specified state employees are of another public position must at least file a copy Cand/date~ file this form together with their required to file by July 1st following each of his or her original Form I when qualifying, qualifying papers, calendar year in which they hold lheir pus~- TO determine what category your position ttens. falls under, see the "Who Must File InathJchons Finally, at the end of office or employment, on page 3. each tecsl officer/employee, state officer, and specified state employee is required to file a final disclosure form (Form 1FI within 60 days of leaving office or employment. CE FORM I - Eft. 1/2004 PAGE 2 INSTRUCTIONS FOR COMPLETING FORM 1 STATEMENT OF FINANCIAL INTERESTS WHO MUST FILE FORM 1: II persons who tell within the categories of"state officers," "local officars/employees," "specified state employees," as well as candidates for elective Ioust office, are required to file Form 1. Positions within these categories are listed below. Persons required to file full financial disclosure (Form 6) and officem of the judicial branch do not file Form 1 (ese Form 6 for a list of parsons who must file that form). ~ include the following positions for state officials: 1) Elected public officials not esr~ing in a paliUcal subdivision of the state and any parson appointed to fill a vacancy in such office, unless required to file full disclosure on Form 6. 2) Appointed members of each board, commission, authonty, or council having statewide judsdictlen, excluding members of solely advisory bodies, but including judicial nominating commission membem and Directors of the FL Black Bustrmss Investment Board, Enterpdes Florida, and Workforce Florida. 3) The Commissioner of Education, members of the State Board of Education, the Board of Governors, and the local Boards of Trustees and Presidents of state universities. LOCAL OFFICERS/EMPLOYEES include the following positions for officers and employees of local government: t ) Persons elected to office in any political subdivision (such as munici- palities, counties, and special districts) and any person appointed to fill a vacancy in such office, unless required to file full disclosure on Form 6. 2) Appointed members of the following boards, councils, commissions, authonties, or other bodies of any county, municipality, school district, indepan- der~ special disttict, or other political subdivision: the governing body of the subdivision; an expressway authority or transportation authority established by general law; members of the Tampa Bay Commuter Rail Authority; a com- muntiy college or junior college disthct board of lmstees; a board having the power to enforce local code provisions; a planning or zoning beard having the power to recommend, create, or modify land planning or zoning within the political subdivision, except for citizen advisory committees, technical coor- dinating committees, and similar groups who only have the power to make recommendations to planning or zoning boards; a pension board or retirement board empowered to invest parisian or retirement funds or le determine entitle- ment to or amount of a panston or other retirement benefit. 3) Any other appointed member of a Iocst government board who is required to file a statement of financial interests by the appointing authority or the enabling legislation, ordinance, or resolution creating the beard. 4) Persons holding any of these positions in local government: Mayor;, county or city manager;, chief administrative employee of a county, municipal- ity, or other political subdivision; county or municipal attorney; chief county or municipal building inspector;, caurdy or municipal water resources coordinator; county or municipal pollutien cant rel director; county or municipal environmen- tal control director; county or municipal administrator with power to grant or deny a land development permit; chief of police; tire chief; municipal clerk; district school superintendent; community college president; district medical examiuer, purchasing agent (regardless of title) having the authority to make aoy purchaes exceeding $15,000 for the local govemmentel unit. SPECIFIED STATE EMPLOYEES include the following positions for state employees: 1) Employees in the offca of the Governor or of a Cabinet member who are exempt from the Career Service System, excluding escretadal, clerical, and similar positions. 2) The follewing positions in each state department, esmmlesiee, board, or council: Secretary, Assistant or Deputy Secretary. Executive Director, Assistant or Deputy Executive Director, and anyone having the power normally conferred upon such parsons, regardless of title. 3) The following positione in each state department or division: Director, Assistant or Deputy Director, Bureau Chief, Assistant Bureau Chief, and any person having the power normally conferred upon such persons, regardless of title. 4) Assistant State Afforneys, Assistant Public Defenders, Public Counsel, full-time state employees es~ing as counsel or aesistent counsel to a stale agency, administrative law judges, and hearing officers. 5) The Superintendent or Director of a state mental health institute estab- lishbd fur training and reesarch in the mental health field, or any major state institution or facility established for corrections, training, treatmerd, or rehabili- tation. 6) State agency Business Managers, Finance and Accounting DJrec~rs, Personnel Officers, Grant Coordinators, and purchasing agents (regardless of title) with power to make a purchase exceeding $15,000. 7) The following positions in legisla~ve branch agencies: each employ- ee (other than thoes employed in maintenance, clerical, secretarial, or similar positions and legislative aesistents e~empted by the presiding officer of their houes); and each employee of the Commission on Ethics. INSTRUCTIONS FOR INTRODUCTORY INFORMATION (At Top of Form): If your name, mailing address, public agency, and position are already prtntad on the form, you do not need to provide this informa- tion unless it should be changed. To change any of this information, simply strike through It and wrtte in the correct information. NAME OF AGENCY: This should be the name of the governmental unit which you serve or served, by which you are or were employed, or for which you are a candidate. For example, "City of Tallahassee," "Leon County," or "Department of Transportation." OFFICE OR POSITION HELD OR SOUGHT: Use the title of the office or position you hold, are seeking, or held during the disclosure period (in some cases you may not hold that position now, bat you still would be required to file to disclose your interests during the last year you held that position). For example, "City Council Member," "County Administrator," "Purchasing Agent," or "Bureau Chief." If you are a candidate for oftica or are a new employee ar appointee, check the appropriate box. MAILING ADDRESS: If your home address appaare on the form but you prefer another address be shown, mark through the address provided and insert your office or other curTent address. The following persons should trot use their home addresses: active or former law enforeement person- nel, including correctional and correctional probagon officers, pe~esnnel of D.C.F.S. whose duties include the investigation of eduse, neglect, exploita- tion, fraud, theft, or other criminal activities, personnel of the Department of Health whose duties are to support the investigation of child abuse or neglect, and personnel of the Department of Revenue or local govern- CE FORM 1 - Eft. 1/2004 COMPLETING FORM 1: merds whose responsibilities include revenue collection and enforcement or child suppo[t enforcement; currant or former state attomeys, assistant state affomeys, statawide proescuters, or assistant statawide prosecutors; current or former code enforcement officers; current or former local gov- ernment agency or water management district employees with peresnnel- related duties; cartif~.ed tirefighters; justices and judges; and spouses and children of the above. DISCLOSURE PERIOD: The tax year for most individuals is the calendar year (January I through December 31). If thai is the caes for you, then your tinancial interests should be reported for the calendar year 2003; just check the box and you do not need to add any information in this part of the form. However, if you file your IRS tax return based on a tex year that is not the calendar year, you should specif7 the dates of your tax year in this portion of the form and check the appreppate box. This is the time flame or "disdcaure period" for your report. MANNER OF CALCULATING REPORTABLE INTERESTS: AS noted in this portion of the form, the Legislature has given filers the option of report- lng baesd on either thresholds that are comparative (usually, baesd on percantage values) or thresholds that are baesd on absolute dollar values. The irmtructiees on the following pages specifically desc~bd the different thresholds. Simply check the box that m~ects the choice you have made. You must use the type of threshold you have chosen for each part of the form, In other words, if you choose to report baesd on absolute dollar value thresholds, you cannel ues a percentage threshold on any pa~t of the form. (CONTINUED on page 4) ~ PAGE 3 PART A -- PRIMARY SOURCES OF INCOME [Required by Sec~ 112.3145(3)(a)1 or (b)l, Fla. Stat.] Part A is intended to require the disclosure of your phecipal sources of income dudng the disclosure peded. You do not have to disclose the amount of income received. The sources should be listed in descending order, with the largest source first. Please list in this part of the fonm the name, address, and principal business activity of each source of your income which (depend- ing on whether you have chosen to report based on percentage thresholds or on dollar value thresholds) either: exceeded five percent (5%) of the gross income received by you in your own name or by any other person for your benefit or use dudng the disclosure pedod, or exceeded $2,500.00 (of gross income received dudng the disclosure pedod by you in your own name or by any other person for your use or benefit). You need not list your public salary resulting from public employment, but this amount should be included when calculating your gross ir,come for the disclosure peded. The inesme of your spouse need not be disclosed. However, if you are reporting based on percentage thresholds and if there is joint income to you and your spouse from property held by the entireties (such as interest or divideeds from a bank account or stocks held by the entireties), you should incrude all of that income when calculating your gross income and disclose the source of that income if it exceeded the 5% threshold. "Gross income" means the same as it does for income tax purposes, including all income from whatever source derived, such as compensation for serdces, gross income from business, gains from property dealings, interest, rents, dividends, pensions, dietdbutive share of partnership gross income, and alimony, but not child support. Examples: -- ~f you were employed by a company that manufactures cemputers and received more than 5% of your gross income (salary, commissions, etc.) from the company (or, alternatively, $2,500), then you should list the name of the company, its address, and its principal business activity (computer manufacturing). -- If you were a partner in a law firm and your distribudve share of partnership gross income exceeded 5% of your gross irmome (or, alter- natively, $2,500), then you should list the name of the firm, its address, and its principal business activity (practice of law). -- If you were the sole proprietor of a retail gift business and your gross income from the business exceeded 5% of your total gross income (or, aitemetively, $2,500), then you should list the name of the business, its address, and ils pfincipel business activity (retail gift sates). -- If you received income from investments in stocks and bonds, you are required to list only each individual company Eom which you derived more than 5% of your gross income (or, alternatively, $2,500), rather than aggregating all of your investment income. -- If more than 5% of your gross income (or, alternatively, $2,500) was gain from the sate of property (net jusl the selling price), then you should list as a source of income the name of the purchaser, the pumhaser's address, and the purchaser's principal business activity. If the purchas- er's identity is unknown, such as where securities listed on an exchange are sold through a brokerage firm, the source of income should he listed simply as "sale of (name of company) stock,' for example. -- If more than 5% of your gross income (or, atiematively, $2,500)was in the form of interest from one particular financial institution (eggregat- lng interest from all CD's, accounts, etc., at that institution), list the name of the institution, its address, and its principal business activity. PART B -- SECONDARY SOURCES OF INCOME [Required by Sec. 112.3145(3)(a)2 or (b)2, Frs. Stat.] This part is intended to require the disclosure of major customers, cji- ents, and other sources of income to businesses in which you own an inter- est. You will not have anything to report unless: (a) If you ars reporting based on percertiage thresholds: (1) You owned (either directly or indirectly in the form of an equi- table or beneticial interest) duheg the disclosure period more than CE FORM I - Eft. 1/2004 five percent (5%) of the total assets or capital stock of a business entity (a cort)oration, partnership, limited partnership, proprietor- ship, joint venture, trust, firm, etc., doing business in Ftmida); and (2) You mcetved more than ten percent (10%) of your 9ross income durfog the disclosure peded from that business entity; and (3) You received more than $1,500 in gross income from that busi- ness entity dudng the period. (b) If you are reporting based on dollar value thresholds: (1) You owned (either directly or indirectly in the form of an equi- table or pencfficist interest) during the disclosure pedod more than five percent (5%) of the total assets or capital stock of a business entity (a corporation, partnmship, limited partnership, proprietor- ship, joint venture, trust, firm, etc., doing busiuees in Florida); and (2) You received more than $5,0C0 of your gross income dudng the disclosure period from thst business entity. If your interests and gross income exceeded the appregdate thresholds listed above, then for that business entity you must list every source of income to the business entity which exceeded ten percent (10%) of the business enfityle gross income (computed on the basis of the business entity's most recently complete'd fiscal year), the source's address, and the source's principal busi- ness activity. Examples: -- You are the sole proprietor of a dry cleaning business, from which you received more than 10% of your gross income (an amount that was more than $1,500) (or, alternatively, more than $5,000, if you are using dollar value thresholds). If only one customer, a uniform rental company, provided more than 10% of your d~ cleaning business, you must list the name of the uniform rertial company, tis address, and its pdnclpst busi- ness activity (uniform rentals). -- You are a 20% partaer in a partnership that owns a shopping mall and your partnership income exceeded the thresholds listed a bm,~. You should list each tenant of the ma~l that provided more than 10% of the partnership's gross income, the tenant's address and principal business activity. -- You own an orange grove and sell all your oranges to one marketing cooperative. You should list the cooperative, tis address, and its princi- pal business activity if your income met the thresholds. PART C m REAL PROPERTY [Required by Sec. 112.3145(3)(a)3 or (b)3, Fla. Stat.] In this part, please list the Iocstion or description of all real property (land and buildings) in Flodda in which you owned directly or indirectly at any time during the previous tax year in excess of five percent (5%) of the property's value. This threshold is the same, whether you are using percentage thresh- olds or dollar thresholds. You are not required to list your residences and vacation hemes; nor are you required to state the value of the properbj on the form. I~lirect ownership includes situations where you are a beneficiary of a trust that owns the property, es well as situations where you are more than a 5% partner in a partnership or stockholder in a corporation that owns the prope~y. The vstue of the property may be determined by the most recently assessed value for tax purposes, in the absence of a more current appraisal. The location or description of the property should be sufficient to enable anyone who looks at the form tc identify the pmpe~J. Although a legal description of the prepe~ty will do, such a lengthy deschption is not required. Using simpler deschptldns, such as "duplex, 115 Terrace Avenue, Tallaheesee" or 40 acres Ioceteq at the intersection of Hwy. 60 and 1-95, Lake County" is sufficient. In some cases, the prnped.y tax identification number of the property will help in Identifying it: ~120 acre ranch on Hwy. 902, Hendry County, Tax ID # 131-45863." (CONTINUED on page 5) ~ PAGE 4 Examples: -- You own 1/3 of a partnership or small corporation that owns both a vacant lot and a 12% interest in an office building. You should discisse the lot, but are not required to disclose the office building (because your 1/3 of the 12% interest--which equals 4%--does not exceed the 5% threshold). -- If you are a beneficiary of a trust that owns real property and your interest depends on the duration of an individual's lifo, the value of your interest should be determined by applying the appropriate actuarial table to the value of the property itself, regardless of the actual yield of the property. PART D m INTANGIBLE PERSONAL PROPERTY [Required by Sec. 112.3145(3)(a)3 or (b)3, Fla. Stat.] Provide a general deschpflon of any intangible personal property that was worth more than: (1) ten percent (10%) of your total assets at the end of the disclosure period (if you are using percentage thresholds), ~ (2) $10,000 (if you are using dollar value thresholds), and state the business entity to which the property related, intangible personal property includes such things as money, stocks, bonds, certificates of deposit, interests in partnerships, beneficial interests in a tnJst, promissory notes owed to you, accounts receivable by you, IRA's, and bank accounts. Such things as automobiles, houses, jewelry, and paintings are not intangible property. Intangibles relating to the same business entity should be aggregated; for example, two certiitcates of deposit and a savings account with the same bank. V~nere property is owned by husband and wife as tenants by the entirety (which usually will be the case), the property should be valued at 100%. Calculations: In order to decide whether the intangible property exceeds 10% of your total assets, you will need to total the value of all of your assets (including real property, intangible property, and tangible personal property such as automobiles, jewelry, furniture, etc.). When making this calculation, do not subtract any liabilities (debts) that may relate to the property---add only the fair market value of the property. Multiply the total tigure by 10% to arrive at the disclosure threshold. List only the intangibles that exceed this threshold amount. Jointly owned properly should be valued according to the percentage of your joint ownership, with the exception of property owned by husband and wife as tenants by the entirety, which should be valued st 100%. None of your calculations or the value of the property have to be disclosed on the form. If you are using dollar value thresholds, you do not need to make any of these calculations. Examples for persons using comparative (percentage) thresholds: -- You own 50% of the stock of a small corporation that is worth $100,000, according to generally accepted methods of valuing small businesses. The estimated fair market value of your home and other property (bank accounts, automobile, furniture, atc.) is $200,000. As your total assets are worth $250,000, you must disclose intangibles worth over $25,000. Since the value of the stock exceeds this threshold, you should list "stock" and the name of the corpo~aiton. If your accounts with a par- ticular bank exceed $25,000, you should list "bank accounts' and bank's name. -- When you retired, your profossional firm bought out your partner- ship interest by giving you a promissory note, the present value of which is $100,000. You also ha~,~ a certificate of deposit from a bank worth $75,000 and an investment pen'folio worth $300,000, consisting of $100,000 of IBM bonds and a variety of other investments worth between $5,000 and $50,000 each. The fair market value of your remaining assets (condominium, au~mobtle, and other personal property) is $225,000. Since your total assets are worth $700,000, you must list each intangible worth more than $70,000. Therefore, you would list "promissory note' and the name of your former partnership, "certiticate of deposit" and the name of the bank, "bonds" and "IBM,' but none of the rest of your in.st- Bents. PART E -- LIABILITIES [Required by Sec. 112.3145(3)(a)4 or (b)4, Fla. Stat.] In this parl of the form, list the osme and address of each private or govammental omditor to whom you were indebted at any time dudng the disclosure period in an amount which exceeded: (1) your ne[ worth (if you are using percentage thresholds), or (2) $10,000 (if you are using dollar value thresholds). You are not required to list the amount of any indebtedness or your nat worth. You do not have to disclose any of the following: credit card and retail installment accounts, taxes owed (unless reduced to a judgment), indebted- ness on a lifo insurance policy owed to the company of issuance, contingent liabilities, and accrued income taxes on net unrealized appreciation (an accounting concept). A "contingent liability" is one that will become an actual liability only when one or more future evaats occur or fail to occur, such as where you are liable only as a guarantor, surety, or endorser on a promissory note. If you are a 'co-maker" and have signed as being jointly liable or jointly and severally liable, then this is not a contingent liability; if you are using the $10,000 threshold and the total amount of the debt (not just the percentage of your liability) exoseda $10,000, such debts should be reported. Calculations for persons using comparative (percentage) thresholds: In order to decide whether the debt exceeds your net worth, you will need to total all of your liabilities (including prsmisse~ notes, mortgages, credit card debts, lines of credit, Judgments against you, etc.). Subtract this amount from the value of all your assets as calculated above for Part D. This is your "net worth.' YOU must list on the form each creditor to whom your debt exceeded this amount unless it is one of the types of indebtedness listed in the para- graph above (credit card and retail installment accounts, etc.). Joint liabilities with others for which you are ~jointiy and sevarslly liable,' meaning that you reay be liable for either your part or the whole of the obligation, should be included in your calculations based upon your percentage of liability, with the following exception: joint and several liability with your spouse for a debt which relates to property owned by both of you as "tenants by the enti~ety" (usually the case) should be included in your calculations by valuing the asset at 100% of its value and the liability at 100% of the amount owed. Examples for persons using comparative (percentage) thresholds: -- You owe $15,000 to a bank for student Ioar,.s, $5,000 for credit cant debts, and $60,000 (with your spouse) to a savings and loan for a home mortgage. Your home (owned by you and your spouse) is worth $80,000 and your other proper[7 is worth $20,000. Sirme your net worth is $20,000 ($100,000 minus $80,000), you must report only the name and address of the savings and loan. -- You and your 50% business partner have a $100,000 business loan from a bank, for which you both are jointly and sevarslly liable. The value of the business, taking into account the loan as a liability of the business, is $50,000. Your other assets are worth $25,000, and you owe $5,000 on a credit card. Your total assets will be $50,000 (half of a business worth $50,000 plus $25,000 of other assets). Your liabilities, for purposes of calculating your net worth, will be only $5,000, because the full amount of the business loan already was included in valuing the business. Therefore, your net worth is $45,000. Since your 50% share of the $100,000 business loan exceeds this net worth figure, you must list the bank. PART F m INTERESTS IN SPECIFIED BUSINESSES [Required by Sec. 112.3145(5), Fla. Stat.] The types of businesses covered in this disclosure are only: state and federally chartered banks; state and federal savings and lean associations; cemetery companies; insurance companies (including iosurance agencies); mortgage companies; credit unions; small loan companies; alcoholic bevar- age licensees; pari-mutuel wngedng companies, utility companies, entities controlled by the Public Service Commission; and entities granted a franchise to operate by either a city or a county government. (CONTINUED on page 6) c~= CE FORM 1 - Eft. 1/2004 PAGE 5 You are required to disclose in this part of the form the fact that you owned during the disclosure period an interest in, or held any of certain posF tions with, particular types of businesses listed above. You are required to make this disclosure if you own or owned (either directly or indirectly in the form of an equitable or beneficial interest) at any time dudng the disclosure oeded more than five percent (5%) of the total assets or capital stock of one of the types of business entities granted a privilege to operate in Flchda that are listed above. You also must complete this part of the form for each of these types of businesses for which you are, or were at any time dudng the disclosure period, an officer, dimcter, partner, proprietor, or agent (other than a resident agent solely for so.ice of preosss). If you have or held such a posi~on or ownership interest in one of these types of businesses, list (vertically for each business): the name of the busi- ness, its address and prinblpal business activity, and the position held with the business (if any). Also, if you own(ed) more than a 5% interest in the business, as described above, you must indicate that fact and deschbe the nature of your intemst. (End of Instructions.) PENALTIES A failure to make any required disclosure constitutes grounds for and may be punished by one or more of the following: dis- qualification from being on the ballot, impeachment, removal or suspension from office or employment, demotion~ reduction in salar)4, reprimand, or a civil penalty not exceeding $10,000. [Sec. 112,317, Fiodda Statutes] In addition, a $25 fine for each day late will be imposed, up to a maximum penaYty of $I,500, for failtog to timely file Form '1 on an annual basis. [Sec. ~12.3145, Florida Statutes] OTHER FORMS YOU MAY NEED TO FILE IN ORDER TO COMPLY WITH THE ETHICS LAWS In addition to filing Form 1, you may be required to file one or more of the special purpose forms listed below, depending on your particular position, business activities, or interests. As it is your duty to obtain and fifo any of the special purpose forms which may be applicable to you, you should carefully read the bdef description of each form to determine whether it applies. Form 1F m Final Statement of Financial Interests: Required of local officers, state offfcers, and spec/- fled state employees wshin 60 days alter leaving office or employment. This form is used to report financial interests between January 1at of the last year of office or employment and the last day of office or employ- ment. [Sec. 112.3145(2)(b), Fla. Stat.] Form lX -- Amended Statement of Financial Interests: To be used by local of~cers, state officers, and spec/. fled state employees to correct mistakes on previously filed Form l's. [Sec. 112.3145(9), Fla. Stat.] Form 2 -- Quarterly Client Disclosure: Required of local officers, state oft/cars, and specified state employees to disclose the names of clients represented for compensation by them- selves or a partner or associate before agencies at the same level of government as they serve. The form should be filed by the end of the calendar quarter (March 31, June 30, Sept. 30, Dec. 31) following the calendar quarter in which a reportable representation was made. [Sec. 112.3145(4), Fla. Stat.] Form 3A -- Statement of Interest in Competitive Bid for Public Business: Required of public officers and public employees pdor to or at the time cf submission of a bid for public business which otherwise would violate Sec. 112.313(3) or 112.313(7), Fla. Stet. [Sec. 112.313(12)(b), Fla. Stat.] Form 4A- Disclosure of Business Transaction, Relationship, or Interest: Required of public officers arid employees to disclose certain business transactions, relationships, or interests which otherwise would violate Sec. 112.313(3) or 112.313(7), Fla. Stat. [Sec. 112.313(12) and (12)(e), Fla. Stat.) Form 8A -- Memorandum of Voting Conflict for State Officers: Required to be filed by a state officer within 15 days after having voted on a measure which inured to his or her special private gain (or loss) or te the special gain (or loss) of a relative, bus/. osss associate, or one by whom he or she is retained or employed. Each appointed state officer who seeks to influence the decision on such a measure prior to the meeting must file the form before undertaking that action. [Sec. 112.3143, Fla. Stat.] Form 85 -- Memorandum of Votinct Conflict for County, Municipal, and Other 'Local Pubfic Officers: Required to pe filed (within 15 days of abstention) by each local officer who must abstain fi.om voting on a measure which would inure to his or her special private gain (or loss) or the sp~ct al gain (or less) of a relative, business associate, or one by whom he or she is retained or employed. Each appointed local official who seeks to influ- ence the decision on such a measure prior to the meeting must file the form before undertaking that action. [Sec. 112.3143, Fla. Stat.] Form 9 -- Quarterly Gift Disclosure: Required of local officers, state off/cars, speoffled state employees, and state procurement employees to report gilts over $100 in value. The form should be filed by the end of the calendar quarter (March 31, June 30, September 30, or December 31) following the calendar quarter in which the gift was received. [Sec. 112.3148, Fla. Stat.] Form 10 -- Annual Disclosure of Gifts from ~overnm.e. ntal Entities and Direct S.uRppt'(. rganizations and Honorarium cvent Relareo Expenses: Required of local o~icem, state offloem, spec/f/ed state employees, and state procurement ereployees to repod gtfis over $100 in value received fi.om certain agencies and direct support organizations; also to be utilized by these persons to report honorarium event-relatad expeeses paid by certain persons and entities.The form should be filed by July I following the calendar year in which the gift or henoradum avant-related ex~pense was received. [Sec. 112.3148 and 112.3149, Fla. Stat.] AVAILABILITY OF FORMS; FOR MORE INFORMATION CoDies of these forms are available from the Supervisor of Elections in your county; from the Commission on Ethics, Post Office Drawer 15709, Tallahassee, Florida 32317-5709; telephone (850) 488-7864 (Suncom 278-7864); and at the Commission's web site: www.ethics.state.fl, us. Questions about any of these forms or the ethics laws may be addressed to the Commission on Ethics, Post Office Drawer 15709, Tallahassee, Flodda 32317-5709; telephone (850) 488-7864 (Suncom 278-7864). CE FORM I - Eft. 1/2004 PAGE HOME OF PELICAN ISLAND One-Year City Council Seat March 8, 2005 General Election 1, , hereby declare that ! am a candidate for the one-year seat to fill the vacancy on the Sebastian City Council, resulting from a mid-term resignation. The term will run from March 2005 to the General Election in March 2006. Candidate Signature Date (1) Name (2) FLORIDA DEPARTMENT OF STATE DIVISION OF ELECTIONS CAMPAIGN TREASURER'S REPORT SUMMARY (4) Address (number and street) City, State, Zip Code [] CHECK IF ADDRESS HAS CHANGED Check appropriate box(es): [] Candidate (office sought): [] Political Committee [] Committee of Continuous Existence [] Party Executive Committee [] Electioneering Communication (3) ID Number: [] CHECK IF PC HAS DISBANDED [] CHECK IF CCE HAS DISBANDED OFFICE USE ONLY [] CHECK IF NO OTHER ELECTIONEERING COMMUNICATION REPORTS WILL BE FILED (5) REPORT IDENTIFIERS Cover Period: From / [] Original [] Amendment [] Special Election (6) CONTRIBUTIONS THIS REPORT Cash & Checks $ Loans $ Total Monetary $ In-Kind $ (9) TOTAL Monetary Contributions To Data $ / To / Report (7) Monetary Expenditures / Report Type [] independent Expenditure Report EXPENDITURES THIS REPORT Transfers to Office Account $ Total Monetary $ (8) Other Distributions $ (10) TOTAL Monetary Expenditures To Date $ (11) CERTIFICATION It is a first degree misdemeanor for any person to falsify a public record (ss. 839.t3, F.S.) I certify that I have examined this report and it is true, correct, and complete. (Type name) [] Individual (only for electioneering commun.) X [~ Treasurer [~] Deputy Treasurer Signature DS-DE t2 (Rev. 08/04) I certify that I have examined this report and it is true, correct, and complete. (Type name) [] Candidate [] Chairperson (only for PC, PTY & electioneering commun, organization) X Signature INSTRUCTIONS FOR CAMPAIGN TREASURER'S REPORT SUMMARY (1) Type full name of candidate, political committee, committee of continuous existence, party executive committee, or individual or organization filing an electioneedng communication report. (2) Type the address (include city, state, and zip code). You may use a post office box. If the address has changed since the last report filed, check the appropriate box. (3) Type identitication number assigned by the Division of Elections. (4) Check one of the appropriate boxes: Candidate (type office sought - include district, circuit, or group numbers) Political Committee Committee of Continuous Existence Party Executive Committee Electioneering Communication If PC or CCE has disbanded and will no longer file reports, check appropriate box. If individual or organization will no longer file electioneering communication reports, check appropriate box. (s) Type the cover period dates (e.g., From 07/01/03 To 09/30/03_) Enter the report type using one of the following abbreviations (see Calendar of Election and Reporting Dates). If report is for a special election, add "S' in front of the report code (e.g., SG3). Quarterly Reports January Quarterly ........................................................... Q4 April Qu~rieri¥ ................................................................ July Quar'(erly ................................................................. 02. October Quarterly ........................................................... Q3 General Election Reports Day Pdor ................................................................. G 1 ~ Prior ................................................................ G2 Prior ................................................................. G3 , Pric G4 Primary Reports 32nd Day Prior .................................................................. F1 90-Day Termination Reports (Candidates Only) 18 Day Prior .................................................................. F2 Termination Report ........................................................ TR 4 Day Pnor .................................................................... 3 Check one of the appropriate boxes: Original (first report filed for this reporting period) Amendment (an amendment to a previously flied report) Special Election Report Independent Expenditure Report (see Section 106.071, F.S.) (6) Type the amount of all contributions this report: Cash & Checks Loans Total Monetary (sum of Cash & Checks and Loans) In-kind (a fair market value must be placed on the contribution at the time it is given) (7) Type the amount of all expenditures this report: Monetary Expenditures Transfers to Office Account (elected candidates only) Total Monetary (sum of Monetary Expenditures and Transfers to Office Account) (8) Type the amount of other distributions (goods & services contributed to a candidate er other committee by a PC, CCE or PTY). (9) Type the amount of TOTAL monetary contributions to date (parties keep cumulative totals for 2 year periods at a time (e.g., 01/01/02 - 12/31/03). Candidates keep cumulative totals fi.om the time the campaign depository is opened through the termination report). (10) Type the amount of TOTAL monetary expenditures to date (parties keep cumulative totals for 2 year periods at a time (e.g., 01/01/02 - 12/31/03). Candidates keep cumulative totals fi.om the time the campaign depository is opened through the termination report). (11) Type or print the required officer's name and have them sign the report: Candidate report (treasurer & candidate must sign) PC report (treasurer & chairperson must sign) CCE report (treasurer must sign) PTY report (treasurer & chairperson must sign) Electioneering Communication report (individual or organization's treasurer & chairperson must AMENDMENT REPORTS: An amendment report summary should summarize only contributions, expenditures distributions, & fund transfers being reported as additions or deletions. Read the instructions for the sequence number & amendment type fields on the back of forms DS-DE 13, 14, 14A and 94. The Division will summarize all reports submitted for each rsportlng period and for the filer to date. (1) Name (3) Cover Period CAMPAIGN TREASURER'S REPORT- ITEMIZED CONTRIBUTIONS (2) i.D. Number / I through / __ /__ (4) Page __ of (5) (7) (8) (9) (10) (11) (12) Date Full Name (6) (Last, Suffix, Fimt, Middle) Sequence Street Address & Contributor Contribution In-kind Number City, State, Zip Code Type Occupation Type Description Amendment Amount / / / / / / / / / / / / / / / / DS-DE 13 (Rev. 08/03) SEE REVERSE FOR INSTRUCTIONS AND CODE VALUES INSTRUCTIONS FOR CAMPAIGN TREASURER'S REPORT - ITEMIZED CONTRIBUTIONS (1) Type candidate's full name or name of the political committee (PC), committee of continuous existence (CCE) or party executive committee (PTY). (2) Type the identification number assigned by the Division of Elections. (3) Type cover period dates (e.g., 7/1/03 through 9/30/03.). (See Calendar and Election Dates for appropriate year and cover periods.) (4) Type page numbers (e.g., 1 of 3 ). (5) Type date contribution was RECEIVED (Month/Day/Year). (6) Sequence Number- Each detail line shall have a sequence number assigned to it. Sequence numbers are to be assigned within each reporting period and for each type of detail line. Thus the report type, detail line type, and sequence number will combine to uniquely identif7 a specific contribution, expenditure, distribution or fund transfer. This method of unique identification is required for responding to requests from the Division and for reporting amendments. For example, a Q1 report having 75 contributions would use sequence numbers 1 through 75. The next report (Q2), comprised of 40 contributions would use sequence numbers 1 through 40. Contributions on amended Q1 reports would begin with sequence number 76 and on amended Q2 reports would begin with sequence number 41. See the Amendment Type instructions below. (7) Type full name and address of contributor (including city, state and zip code). (8) Enter the type of contributor using one of the following codes: Individual = I Business = B (also includes corporations, organizations, groups, etc.) Committees -- C (includes PC's, CCE's and federal committees) Political Parties = P (includes federal, state ad county executive committees) Other = O (e.g., candidate surplus funds to party, etc.) Type occupation of contributor for contributions over $100 only. (If a business, please indicate nature of business.) DESCRIPITION CODE Cash CAS Check CHE in-kind INK Interest INT Loan LOA Membership dues DUE Refund REF (9) Enter Contribution Type using one of the following codes: NOTE: Cash includes cash and cashier's checks, (10) Type the description of any in-kind contribution received. Candidate's Only - If In-kind contribution is from a party executive committee and is allocable toward the contribution limits, type an "A" in this box. If contribution is not allocable, type an "N". (11) Amendment Type (required on amended reports) - To add a new (previously unreported) contribution for the reporting period being amended, enter "ADD" in amendment type on a line with ALL of the required data. The sequence number for contributions with amendment type "ADD" will start at one plus the number of contributions in the original report. For example, amending an original Q1 report that had 75 contributions, means the sequence number of the first contribution having amendment type "ADD" will be 76; the second "ADD" contribution would be 77, etc. When amending an original Q2 report that had 40 contributions, the sixth "ADD" contribution would have sequence number 46. To correct a previously submitted contribution use the following drop/add procedure. Enter "DEL" in amendment type on a line with the sequence number of the contribution to be corrected. In combination with the report number being amended, this sequence number will identi~ the contribution to be dropped from your active records. On the next line enter "ADD" in amendment type and ALL of the required data with the necessary corrections thus replacing the dropped data. Assign the sequence number as described above. (12) Type amount of contribution received. Committees of continuous existence ONLY: Any contribution which represents the payment of dues by a member in a fixed amount pursuant to the schedule on file with the Division of Elections need only list the aggregate amount of such contribution, together with the number of members paying such dues and the amount of membership dues. CAMPAIGN TREASURER'S REPORT - ITEMIZED EXPENDITURES (1) Name (2) I.D. Number (3) Cover Period __/__/__ through / /__ (4) Page of (s) (7) (8) (9) (l o) H 1 ) Date Full Name Purpose (6) (Last, Suffix, First, Middle) (add office sought if Sequence Street Address & contribution to a Expenditure Number City, State, Zip Code candidate) Type Amendment Amount // // // // // // // // DS-DE 14 (Rev. 08/03) SEE REVERSE FOR INSTRUCTIONS AND CODE VALUES INSTRUCTIONS FOR CAMPAIGN TREASURER'S REPORT - ITEMIZED EXPENDITURES (1) Type candidate's full name or name of the political committee (PC), committee of continuous existence (CCE) or party executive committee (PTY). (2) Type identification number assigned by the Division of Elections. (3) Type cover period dates (.07/01/03 through 09/30/03). (See Calendar and Election Dates for appropriate cover pedods.) (4) Type page numbers (e.g., 1of 3). (5) Type date of expenditure (Month/Day/Year). (6) sequence Number - Each detail line shall have a sequence number assigned to it. Sequence numbers are to be assigned within each reporting period and for each type of detail line. Thus the report type, detail line type, and sequence number will combine to uniquely identify a specific contribution, expenditure, distribution or fund transfer. This method of unique identification is required for responding to requests from the Division and for reporting requirements. For example, a Q1 report having 40 expenditures would use sequence numbers I through 40. The next report (Q2), comprised of 30 expenditures would use sequence numbers 1 through 30. Expenditures on amended Q1 reports would begin with sequence number 41 and on amended Q2 reports would begin with sequence number 31. See Amendment Type instructions below. (7) Type full name and address of entity receiving payment (including city, state and zip code). (8) Type purpose of expenditure (if expenditure is a contribution to a candidate, also type the office sought by the candidate). PLEASE NOTE: This column does not apply to candidate expenditures, as candidates cannot contribute to other candidates from campaign funds. However, PCs (supporting candidates), CCEs and party executive committees contributing to candidates must report office sought (Section 106.07, F.S.). (9) Enter Expenditure Type using one of the following codes: DESCRIPTION CODE Disposition of Funds (Candidate) Monetary Petty Cash Withdrawn Petty Cash Spent Transfer to Office Account Refund DIS MON PCW PCS TOA REF (10) Amendment Type (required on amended reports) - To add a new (previously unreported) expenditure for the reporting period being amended, enter "ADD" in amendment type on a line with ALL of the required data. The sequence number for expenditures with amendment type "ADD" will start at one plus the number of expenditures in the odginal report. For example, amending an original Q1 reports that had 75 expenditures, means the sequence number of the first expenditure having amendment type "ADD" will be 76; the second "ADD" expenditure would have sequence number 39. To correct a previously submitted expenditure use the following drop/add procedure. Enter "DEL" in amendment type on a line with the sequence number of the expenditure to be corrected. In combination with the report number being amended, this sequence number will identify the expenditure to be dropped from your active records. On the next line enter "ADD" in amendment type and ALL of the required data with the necessary corrections thus replacing the dropped data. Assign the sequence number as described above. (11) Type amount of expenditure. WAIVER OF REPORT (Section 106.07(7), F.S.) (PLEASE TYPE) OFFICE USE ONLY Candidate's Name (Last, Suffix, First, Middle) OR Political Committee, CCE or Party Name Address (Number and Street) City State Zip Code Identification Number (Assigned by Division of Elections) Office Sought (include District, Circuit or Group Number) ] Candidate [] Committee of Continuous Existence ]Political Committee [] Party Executive Committee ] Check box if address has changed since last report. ] Check here if PC or CCE has DISBANDED and will no longer file reports. TYPE OF REPORT (Check Appropriate Box) QUARTERLY REPORTS [] January [] April [] July [] October PRIMARY ELECTION [] 32nd day prior [] 18th day pdor [] 4th day prior GENERAL ELECTION [] 46th day prior [] 32nd day prior [] 18th day prior [] 4th day prior [] TERMINATION REPORT [] SPECIAL ELECTION NOTIFICATION OF NO ACTIVITY IN CAMPAIGN ACCOUNT FOR THE REPORTING PERIOD OF through X Signature Date SIGNATURES REQUIRED FOR: Candidates Candidate, Campaign Treasurer or Deputy Treasurer (s. 106.07(5), F.S.) Political Committees Chairman, Campaign Treasurer or Deputy Treasurer (s. 106.07(5), F.S.) Committees of Continuous Existence Treasurer (s. 106.04(4)(c), F.S.) Party Executive Committees Treasurer or Chairman (s. 106.29(2), F.S.) In any reporting period when there has been no activity in the account (no funds expended or received) the filing of the required report is waived. However, the filing officer must be notified in writing on the prescribed reporting date that no report is being filed. DS-DE 87 (Rev. 08/03)