The URL can be used to link to this page

Home My WebLink AboutCandidate Handbook - November 3 2009~~ CITY OF SEBASTIAN CANDIDATE HANDBOOK NOVEMBER 3, 2009 GENERAL ELECTION HOME ~F PELICAN ISLAND CITY OF SEBASTIAN CANDIDATE HANDBOOK NOVEMBER 3, 2009 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 election 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. Sincerely, Sally A. Maio, MMC City Clerk TABLE OF CONTENTS General Election Information And List Of Polling Places 1 Becoming A Candidate For Sebastian City Council 2 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 3 4&5 6 7&8 9 10 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 Commission On Ethics "2009 Guide To The Sunshine Amendment And Code Of Ethics For Public Officers And Employees" Manual • Chapter 99, 105 and 106 Florida Statutes • Division of Elections 2008 Candidate and Campaign Treasurer Handbook Other Division of Elections publication links are listed on the last page of this packet ---PLEASE FAMILIARIZE YOURSELVES WITH FLORIDA STATUTES--- THESE PUBLICATIONS ARE PROVIDED FOR GENERAL ELECTION LAW INFORMATION For Further Information Contact: Sally A. Maio, MMC City Clerk City Of Sebastian 1225 Main Street Sebastian, FL 32958 (772) 388-8214 smaio@cityofsebastian.org GENERAL ELECTION INFORMATION • Election Day Is The First Tuesday Following the First Monday in November (next is November 3, 2009) (Charter 2.03) • Sebastian City Council Consists Of Five Members (Charter 2.01) • City Council Members Serve Two Year Terms (Charter 2.04) • Two (2) Two-Year City Council Seats Are Filled in Even-Numbered Years and Three (3) Two-Year Council Seats Are Filled in Odd-Numbered Years (Charter 2.03) • City Council Seats Are At-Large (Charter 2.01) • 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 (Charter 2.02) (final date for qualifying is 9/4 /09 so you must have been a resident as of 9/4/08) • City Council Terms Begin At A Special Meeting On The Monday Evening Following The Election (Charter 2.04) (November 9, 2009) • 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) (November 9, 2009) CITY OF SEBASTIAN POLLING PLACES: Precinct Location 101 (part) St. Sebastian Catholic Church, 13075 U.S. 1, Sebastian 103 St. Sebastian Catholic Church, 13075 U.S. 1, Sebastian 104 Sebastian Elementary School, 400 CR 512, 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 Trinity Lutheran Church, 611 Schumann Drive, Sebastian 203 Sebastian Christian Church, 190 Day Drive, Sebastian 204 Sebastian Christian Church, 190 Day Drive, Sebastian *Polling Places are Established by the Supervisor of Elections for Indian River Gounty and Are Subject to Change. Becoming A Candidate For Sebastian City Council What Is A Candidate? Florida Statutes 106.011 (16) 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. 2. Seeks to qualify for election as a write-in candidate. (write-ins are not provided for in sebastian elections) Receives contributions or makes expenditures, 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 /n The City For A Period Of One (1) Year Immediately Preceding The Final Date For Qualification As A Candidate For Said Office." (Qualified Elector means you are registered to vote in Indian River County) 2. 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 Committees 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 Mav I Announce My Candidacy? 1. 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. (final qualifying date is 9/4/09) 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-DE9. You Need To File This Form Before You Accent Anv Campaign Contributions Or Make Anv Campaign Expenditures (lnc/udin_g Your Qualifvin_g Fee). Your Campaign Bank Account Cannot Be Opened Until You Have Filed This Form. This Form Shows: A. Your Name, Address and Phone Number B. Office Sought C. Name, Address and Telephone Number of Your Campaign Treasurer D. Name and Address of Your Campaign Depository (Bank, Savings And Loan Association, or Credit Union) E. Signature of Candidate and Date. F. Signature of Campaign Treasurer, Indicating Acceptance of Appointment and Date. 3. 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. 4. If you decide to pre-qualify, you must also sign the City eligibility form as well so that I know you are qualified to run for election in accordance with the City Charter, which means you are a registered elector and established residency in Sebastian no later than 9/4/08. 5. Potential candidates may wait until the official City qualifying period which runs from August 20, 2009 through September 4, 2009 to submit all forms and fees. 2 2009 ELECTION CALENDAR April 10, 2009 Quarterly report Q1 for anyone who pre-qualified prior to March 31, 2009 (reporting period 1/1/09 through 3/31/09) July 10, 2009 Quarterly report Q2 for anyone who pre-qualified prior to June 30, 2009 (reporting period 4/1/09 through 6/30/09) July 22, 2009 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) -this triggers election advertisements required by 100.021 July 31, 2009 1st General Election Advertisement (100.021 FS) August 14, 2009 2nd General Election Advertisement (100.021 FS) August 20, 2009 1st Day to Officially Qualify For Office (Ch 4.02) September 4, 2009 Last Day to Officially Qualify For Office (Charter 4.02) September 18, 2009 46th day G1 Campaign Treasurer's Report Due by 5 Pm - G1 (reporting period from 1St day of qualifying through 9/11/09) ** October 2, 2009 32nd day G2 campaign Treasurer's Report Due by 5 pm (FS 106.07) (reporting period 9/12/09 through 9/25/09) October 4, 2009 OFFICIALLY - 1st Day Political Signs Can Be Posted (Land Development Code 54-3-16.5.E.4) Council has waived sign posting time until new sign ordinance adopted October 16, 2009 18th day G3 Campaign Treasurer's Report Due by 5 pm (FS 106.07) - (reporting period 9/26/09 through 10/9/09) October 19, 2009 Early Voting Starts -runs through October 31, 2009 except Sundays (may be held only at SOE office -subject to budget approval) October 30, 2009 4th Day G4 Campaign Treasurer's Report Due by 5 pm (FS 106.07) - (reporting period 10/10/09 through 10/29/09 -contributions to be taken only up to midnight on 10/29/09 - FS 106.08) October 31, 2009 Early voting ends November 3, 2009 ELECTION DAY (Charter 2.03) November 9, 2009 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) February 1, 2010 Surplus Funds Must Have Been Disposed and Final Treasurer's Report TR Due (FS 106.141) ** candidates who PREQUALIFIED will include all contributions and expenditures from 7/1/09 in their G1 report 3 r i ------------ - - ~ i i ( - -- - - r i --------- - Y- ~ 1 1 ; i 1 I ~ ~ ! ~ i f ~ i i j i I i i I i 3~ i ~ ~ ~ i ! j ~ i i i i i ! ! i t i I ~ 0 i '~ F N i I I N I i i ~ i I ~ I ~ ~~ i ~ ~ ! i i ! ~ N ' N O O i ~ i i i Q U O i i ~ ~ ; N _ I ~ N w O f' _ N • N F------ --- -----------__-- ----------- ------ ~ -_- ------._ -------------- -----__ { ------ - .,. I 1 , °' ~; ! ~ ~,o i N I i N V Q~ i L I ~ i i i = ~ ~ i U ~ ~ ~ 1 0~ ~ i ~ N ~ i i ~ I I c f~A ~ N i d s c 3 I i O i U i 7 ! O U I 1 Q ! 3 ~ ' ' ~' ~ ! ~ ~_' i I ~ ~ i ~ N O O 'i .-~~ i O ~ ' ~ O O O N~'~ ; I E---;---- - -- --- i ' -- --------;-_ ' __ -_ - -~- i - ---_ ~ _-...~ I ~ i ~ :, i ~ I i I ~ ~ ~ ~ ~ ; I N ~ i ~ i ~ j ~H I I I N i i ~~~ ~ i ; i~ I i ~ i ! ~ i I I I ~ i 1 l I~ ! ! ~ ~ ~ '~ ~ i ~ i~ i i ~ ~ i :, I ' ~ i M i ! i O I ~ ~ ~ ( ~ N M i I -. ~ __. ___ --_._-_ ---_._.~ _... i i _. I _._.._ _- ( ___... .. _. __ ~.. __.- ___.. -- __._.__ i _.__._. j ~ _.__._.. ____.._... _ .7___.. ____.... ...~__. i ~ ~ ~' i ~ I~ i i ~ i I ~ ~ i i i ! i i i i i i i j i~ j ~ ! i ~ ~ N i ---- O -- Cfl ~ i j i M N (h ~.I ~ ~~ 'n o, I ~ ~ m ~, ~ .~ c ~ ~_ c I ~ N~ M O~ ~ ~ A '' ~ O~ - I I O N "O N O ~ ~n ~ fA fl. ~ ~ N (n a - - - -{- - t ~ ~ ~ O .-. C ~ ~ , ~, ~+ ~ ~ U . ~ ~ C I ~ ~ i ~ C_ ~ ~ ~ N ~ ~ ~ (~ O ( I c ~ LL i ~ ~~ O ~ ~ N ~ 4 i (0 ~ '' ' ~.- O L i ~ L O O V O ~ ' ~ ~t L Q O I O 'O ~ ~ C. C ~ ~ ~ ~ Q ~ N ~ C N C7 I ~'OW4. ~W... I ~ ~ ~ ~ ~~ ~ ~ ~ ---- - -- -- ' -- - - ------ ----- - ---- - - --- --- - - - - - - - - -- - ---- _ -- -} - - ' -.. - ---~- - I, ~ ~ ~ I: I I ~ ~ r' ~ j j H ~ I ~ N M ~ - - t _..____ f- t ~ ( C i O N !+ ~p i - ~ .U U ` .~ ~ m' C j C i ~ =I j U U ~ d d i I N~ ~I I N~ d ~ ~ N ~, i ( ~ ~ Cfl ! I M ~ '~ i V) ~ T N ...-- _.... O~~ - - _..._ - - --- _- I r I -- --i - -_. -- - NQ __~._ --- - r ~ I O 1 I ` O ~ ~i ~ i Q. I N ~ O 'd I '. ~ C N ~ F i I `~ Q 7 ~ C ~ ~ I ~ ~ O J U C~ N ~ ~ . .__ __ - i ~ N ---~ --- -- - -- --__.__.._.. . - -_. - - - --- - -- ~ O I ~ i ' ~ ~ ~ N ' ~ Q `~ ~ , O O .0. C li I ~ 0 A N O N ~ ( ~ ~ Q O ~ ~' (0 N j 1 ~ U J i ~ N J U C7 N _ I I __r i ___ . _____ __.. _ ..... _. - - - i - ~ _._.._ _ , _____ -- I~ _ ,._ _ _ _ _._ . _____. i i I ~, I i I t ~ ~~ ~ i I ~ i I M j O i I O ~ `- i N 0 M O N O N N ~ a v c I i rn~ rn~ L t 'C C fl- C Q- O O ~ ~ ~~ O I O .-. O «. ~ ~ O ~ I ~' ~ ( ~' ~ O ~ `- ~ ~ ~ I N ~ to I ~ ~ tv M fA ~ ~- W ao ( M W ao ~ - , ~ -- ~ ~ ! ~ O ~ ! ~ ~ j ~ ~ ~~ i t~ ~~ ~ ~Q ~ C a ~~ ~ ~, ~ I ~ d >+ 3 O O ~ W f0 ~ r- N ~ ~ ~ ~ I ~ ~ ~ ~ ~ >+ N ~ ~ N ~ ~ CO ~ ~ M ~ ~ ~ ~p I, O ~ O f0 ~ 7 M~ ( 1--0~ W fl. - -~ ~~ 4 N W ao ~ i ch W ao v 'o ~ ' ~I ' I I ~ j N ~O ~~ ~~~ ~ I a ` i rn ~ Q I ~ m ~ aL~ ~•c II 3 ~ ~ j o~ I O~~ fl. ~:a ~ ~ i ~ 1~ ~ ~ O N.O ~~ { {H ~ ~ ~ ~ O ~ ~ ~ O U ~ O~ C~ N O S r- I ao ~ ~ ~ N ~ N N W ao O N W a0 W Q Z io t- _ ---r - --... t O~ ~ I O i e4 j L ~ j d '~ O U ~ Q :. j ~ Q O ~. U ~ ~~ ~ d ~ ~ ~ ~ c ~ o~ > ~ ~ I o`r ~ rn > ~ ~ c I °' ~ m o O ; i~ ~ ~a I ~ m I, oo ~a i m ~~ !. ~ i ~~~ N W M N W O ~~ ~I p>~ O~ c I c d I~~ ', '' I' O O ~ , I O O ~+~ ~ C + ~ i ~ ~' ~ ~ ~" ~ ~ I ~ t ~~ N W ~ N (0 i c~ N ao W ao ~.-~- r --- - --- -- - - _.+__........_. _--- - - - - - -_ { -- ~ -- -- - ~ --_ --- - - -- ---_.. ____.__ ----- I I O i ~ i O `~ `~ t0 ~ 'C '' O~ N c N I O~ R C N ~ ~ ~ O ~ a , I . j~ j ~ N~ fl . 7 i (n ~ Q 7 ~ O ~ O n , N A M C N O O f0 ~f C f0 ~ ~ CO N f0 ~n~UU' to ! ~ ~ ~UU' N Wa0 J N Wap ~+ '~ C N r a0 ~ ~ st ~ ~ I N ~i ~. ~ I ~~ ~! ;, ~~~ ~~ I ~ i~ IN R 'a .` O ~ f ---- - - _ -- - ~ - -- - -- : ~ ~~ ' (~ ~i I ~ !~ N '~ O ~n ~ r- --- - ~ - -- ----- -- - - i-- O ~ ~ ~ ~, ~ v d N' ~ ~ ', o N U ~ ~ c ,p ~~ -c m a~ 3 ~ i i ' ~ ~ c ' Z `r ~ N ~ U > O z ` ao __+ _ _. _ - --- -- - --- ____.~.--- - -- - _ - - -- t---.. ~ W ' ~ i e~'0 ~ 1 ~ ~ Z Q- ~. ~ d ~ f0 ~ ~ ~ ~ ~ ~ ~ > p m U ~ '' ~ W ~ ' j J }, ~ ' O ti c'oWQI~ ~ r } -T.._ i _.. -- _. - - --.....~...__._.... . __ _. __. ._.._.... ~ 'i R i C_ C I~ y ~ N ~ ~ ~II ~ C N_ + - I ~ 7 O ~ ~i N N i ~, U ~ ~ N O(nLLfA ~ t6 'a Ci ~ i ~' O ~ N N O ~ U '> 'rn co Y = c ~. m NUH a a~ o °C' U :> ~Y 2 _~ c~a NUH N ~' N M N N N O M O N Qualifvina For Office A. Who Is My Qualifyin~ Officer? Your Qualifying Officer Is The City Clerk. B. When And Where Do I File My Qualifvino Papers? When: Official Qualifying -Starting 8:00 A.M. On Thursday, August 20, 2009 (no more than 75 days prior to election) and ending 4:30 P.M. On September 4, 2009 (60 days prior to election) (Weekdays 8 AM To 4:30 P.M.) Where: City Clerk's Office City Hall 1225 Main Street Sebastian, FL 32958 C. What Forms Do I File? (Forms Are Located At Back Of Book) Appointment Of Campaign Treasurer And Designation Of Campaign Depository (Form DS-DE9) (This Form May Be Submitted At Any Time Prior To The Qualifying Period (this is called pre-qualifying) OR You Can Wait Until The August-September Official 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 are able to go and open your campaign account. 2. 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-DE9 Appointment Of Campaign Treasurer And Designation Of Campaign Depository) 3. Candidate Oath for Non-Partisan Office (DS-DE 25) (FS 876.05-.10) 4. Eligibility To Run Oath Form (Charter Section 2.02) (must be submitted at the same time as the DS-DE9 if you choose to pre-qualify before the Official qualifying period) 5. Financial Disclosure Form (CE Form 1) (FS 99.061(4) And 112.3145) (if we already have a financial disclosure form on file for you, a copy can be used) Additional state election forms relative to report waivers, return of contributions, etc. are included in the back of the book should you need them. 4 D. What Fees Are Paid At Time Of Official Qualifying? 1. Campaign 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 Florida 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 prior to the end of qualifying, city code section 38-2 provides that the filing fee is not refundable. Therefore, if a candidate withdrew before September 4, 2009, only the election assessment fee would be refunded. 5 CAMPAIGN REPORTING Election Due Dates And Reporting Periods To Be Submitted On The 46tH 32"d 18th And 4th Days Prior To Election and 90 days following election in accordance with FS 106.07. For those who qualify during the official qualifying period August 20, 2009 through September 4, 2009 in accordance with Charter 4.02 (b). Reporting Period Report Due Date Date you qualified through September 11, 2009 46th day report (G1) due September 18, 2009 by 5 pm September 12 through September 25, 2009 32"d day report (G2) due October 2, 2009 by 5 pm September 26 through October 9, 20078 18th day report (G3) due October 16, 2009 by 5 pm October 10 through October 29, 2009 4th day report (G4) due October 30, 2009 by 5 pm October 30 through 90 days following election Termination Report (TR) due by February 1, 2010 Quarterly Reports Are Due On The 10th Of The Month Following Each Calendar Quarter For Those Who Pre-Qualified (submitted DS-DEO Appointment Of Campaign Treasurer And Designation Of Campaign Depository Form And Opened Campaign Accounts Prior To August 20, 2009) Examples of Quarterly Report Due Dates if you chose to Pre-qualify: • If you pre-qualify in April, May or June 2009 -you will owe a report on July 10, 2009 • If you pre-qualify in July or August you will file only the G1, G2, G3, G4 and TR reports the same as someone who qualifies during the regular qualifying period. Reports shall be filed not later than 5:00 p.m. Of the day designated; however, any report postmarked by the US 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 USPS at the time of mailing, or a receipt from an established courier service, which bears 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 writing on the prescribed reporting date that no report is being filed by submitting form DS-DE87 waiver of 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 SPECIFICSi, OF FLORIDA LAW WHEN IT COMES TO CAMPAIGN FINANCING. FLORIDA LAW' PROVIDES FOR FINES AND PENALTIES FOR VIOLATIONS OF CAMPAIGN FINANCING RESTRICTIONS. 6 This language is current in our Land Development Code, however, City Council has waived the sign posting and removal time until such time as a new Sign Code is adopted. All other provisions apply (see reference to FS 106.1435 on next pa_ge1* POLITICAL ADVERTISING 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 Prior 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 l~ Days After The Election In Which The Candidate Is Eliminated Or Elected Or The Issue Is Approved Or Disapproved. 7 E. Removal Of Illegal Signs. The Code Enforcement Division Shall Order The Immediate Removal Of Any Political Signs Found Posted Within The City In Violation Of This Section. If The Sign Is Not Removed Within Two (2) Days, The Code Enforcement Division Shall Remove The Political Sign. F. 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. G. 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. h. 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. FURTHER FS 106.1435 REQUIRES ALL CANDIDATES TO MAKE A GOOD FAITH EFFORT TO REMOVAL ALL POLITICAL CAMPAIGN ADVERTISEMENTS WITHIN 30 DAYS AFTER WITHDRAWAL OF CANDIDACY, HAVING BEEN ELIMINATED OR BEING ELECTED TO OFFICE. PLEASE READ 106.1435 IN ITS ENTIRETY. 8 CITY OF SEBASTIAN CHARTER PART I CHARTER* . Article I. Creation and Powers - • Sec. 1.01. Creation and powers. Sec. 1.02. Extraterritorial powers. Sec. 1.03. Intergovernmental relations. Sec. 1.04. Boundaries. Sec. 1.05. Existing businesses may continue after annexation. Article II. City Council Sec. 2.01. Composition. _ Sec. 2.02. .Eligibility . Sec. 2.03. Election. Sec. 2.04. Terms. - . Sec. 2.05. Compensation; expenses. Sec. 2.06. Mayor; vice-mayor. - Sec. 2.07. General powers and duties: ~ _ Sec. 2.08. Vacancies; forfeiture of office; filling of vacancies. -Sec. - 2.09. Judge of qualifications. • Sec. 2.10. City council-employee relationship. - Sec. 2.11.` Investigations. Sec. 2.12. Procedure. Sec. 2.13. Emergency ordinances. Sec. 2.14.. Codes of technical regulations. Sec. 2.T5. Authentication and recording; codification; printing. Sec. 2.16.. Standing committee. Article III. Administration and Legal Departments Division 1. Generally .Sec. 3.01. Creation.: - Sec. 3.02. Appointmept [of Charter officers]. . Sec. 3.03. Removal [of Charter officers]. Sec. 3.04. City manager; powers and duties. - Sec. 3.05. City clerk. *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 11, 1978. The Charter became effective January 1, 1979. Obviously misspelled words have been corrected without notation. Words added for clarification have been added in brackets. - Amendments have been included anti are indicated by a history note immediately following the amended section. State law references-Municipal Home Rule Powers Act, F.S. ch. 166; Charter amend- -- ~ ments; F.S. § 166.031. Sapp. No. 40 CH~1 SEBASTIAN CODE Division 2. Police Department _ Sec. 3.06. Police department. Sec. 3.07. Reserved. Sec. 3.08. Reserved. - . Division 3. Legal Sec. 3.09. City attorney. Article IV. IIections Sec. 4.01. Adoption of state election laws. Sec. 4.02. Filing of candidate's oath; fee. . • Sec. 4.03. Special municipal elections to elect elective officers. Sec. 4.04. Special. election for~other purposes. . . Sec. 4.06. Reserved. Sec. 4.06. IIection precincts and polling Places.; city to designate. Sec. 4.07: Elections--How arranged; inspectors and clerks. Sec. 4.08. Same-Canvass of returns; certificates of election. ~ - Sec. 4.09.. Same-Ballots. . - Sec. 4.10. Reserved. 3ec.4.11. Reserved. . Sec. 4.12. _ Election procedures; tie vote. Sec. 4.13. Conduct of candidates for election office. - Sec. 4.14. Interim government. ~ i Article V. General Provisions ~ . ~ . Sec. 6.01. Severability of provisions. ~ . Sec. 6.02. Effective date. Sec. 6.03'. Charter review committee. Article V1. Transition Sec. 6.01. Title to .Property reserved. Sec. 6:02. Obligations unimpaired. Sec. 6.03. Officers and employees holdover. Sec. 6.04. Ordinances preserved. Sec. 6.06. Continuation of former charter provisions. supp. No. 40 ~ ~ CH'h2 exa~~.: . ARTICLE I. CREATION AND POWERB* . Sec. 1.01. Creation and powers. § 1.02 The City of Sebastian, Florida, as now established, shall continue to be a municipal body politic and corporate in perpetuity under the name "City of Sebastian" and, under that name, shall have all governmental, corporate, and proprietary powers to enable it to conduct municipal government, perform municipal functions and render municipal.services, and may ezercise any power for municipal purposes except. as otherwise provided by law: Sec. 1.02. Extraterritorial powers. In addition to the powers enumerated herein, the city shall be vested with. all extraterri- torial powers heretofore granted by the prior Charter of the Cite of Sebastian, Florida, as follows: - - (1) .Acquisition of property. Zb acquire by purchase, gift, devise,. condemnation, lease or - otherwise, real or personal property or any e$tate .therein, or riparian right or . easements therein, within or without the city, to be used for.any municipal purpose, .including cemeteries or places for burial of the dead; streets. and highways, public parking lots or spaces; bridge and tunnels sites,; the construction of a telephone system; plants, works and wells and other equipment necessary for supplying said city with water, ice, gas for ills muting and heating purposes, and electric power for illumi- .Hating, heating and other purposes; the location. of waterworks and sites for public utility works; the establishment of poor houses, houses of detention and correction= `hospitals for the cure or detention of the sick; jails; market houses, public parks, playgrounds, airports, docks, sea walls, yacht harbors, wharves, warehouses, prome- Hades; plants for cremating, neutralizing or otherwise destroying sewerage, 'garbage -and refuse; for extension of sewer and drainage pipes and watermains; and for any public or-municipal purpose; and to improve, sell, lease, pledge or otherwise dispose of same or any part thereof for the benefit of the city, to the ,same extent that natural persons might do, in the manner provided in this Charter. Any land purchase in excess of ten percent of the general fund of the current budget year. shall require two appraisals. If the purchase price is in excess of the average of two appraisals, approval of the purchase would require a supermajority vote of four members of Council. (2) Docks, wharves, sea walls. Zb establish, construct, maintain, operate,and control public landings, piers, wharves and docks within and without~the city, 'and to acquire lands, riparian rights or other rights and easements necessary for such purposes; .to control -and regulate `the operation of boats and the speed thereof; to lay and collect reasonable duties, charges or fees on vessels or watercraft coming into or using such landings, wharves, and docks; to regulate the manner of using any and all wharves and docks within and without the city and the rates of wharfage or charges to be paid by vessels ~or other watercraft using the same. ~' -- ~ *State law reference-Home rule powers generally, F.S. § 166.021. Supp. No. 40 _ - . CHT:3 ~ 1.02 SEBASTIAN-CODE ~ - (3) Use of public lands and waters. Zb regulate and control the use and occupancy of the waters, waterways, water bottoms, wharves, causeways, bridges, beaches, streets, thoroughfares, alleys, parks, public lots, and other public places in the city and municipally owned or leased property within or without the city limits; and to impose and enforce adequate penalties for violation of such rules and regulations. (4). Public utilities. Zb furnish any and all local public services, including electricity,. gas, . water, lights, or transportation, and to charge and collect necessary fees or charges therefor; to purchase, hire, construct, own, extQnd, .maintain, operate or lease any public utilities, electric light system, telephone and telegraph system, waterworks and plants, ice plants, and works, gas plants and distribution systems, bus or transit systems, radio broadcasting stations, television stations, cablevision rebroadcasting - systsms, telephone systems, or other public utility; to establish, impose and enforce rates and charges for supplying such services or conveniences by the city to any person, persons, firn4 or corporation; to furnish any and all local public services to persona, firma, industries, or municipal corporations residing or located outside of the limits of said city. 7b acquire in any lawful manner in the State of Florida such water, lands and lands under water as the city council may deem necessary for the purpose~of providing an adequate water supply for said city and the piping and conducting of the same, to make reasonable rules and regulations for promoting the purity of its ,said water supply and protecting the same from pollution and for this purpose to exercise full P~~ P~~ over all leads ~comprised~within the limits of the water shed tributary to any such supply wherever such lands may be located in the State of Florida. . (6) Abatement of nuisances: Zb compel the abatement and removal of all nuisances within the city or upon the property awned by the city beyond its corporate limits,. at the expense of the person or persons causing the same, or of the owner: or occupant of the grounds or premises whereon the same may be: (6) Dairies and stock. Zb provide for inspecting and regulating the sanitary condition of all dairies, butcher pens, slaughter houses, meat markets, or other places within and without the city limits, where the products of same are sold within the city limits, and to provide penalties for the violation of such regulations. (7) Airports. 71o purchase, acquire, take hold, establish, construct, equip, maintain and operate municipal airports, landing fields, hangars,. aviation ts~rm;nala and adminas- tration buildings, runways depots, warehouses, garages, repair. shops, ,oil and fuel tanks or stations, or other necessary appurtenances for the use of airplanes and other aircraft, and to .acquire or lease~any and all real property within the corporate limits, or within ten (10) miles of the boundaries thereof for such purpose; to set apart.and use for such purpose any real ,property owned or leased by the city, whether or not originally acquired by condemnation, purchase or lease for another. purpose; to adopt and enforce reasonable rules and regulations governing. the use of such municipal airports; to employ airport directors, airport managers, employees or agents in connection with such operation; to impose fees or charges in connection with the use of supp: No. 40 ~ CH'lti4 CHARTER § 1.02 such airport or airport facilities; to sell gasoline or other ~ supplies necessary in connection with the operation of such airports; to provide lounges, eating places, refreshment parlors and other facilities in connection with such municipal-airports; to let or lease- to private persona or corporations portions of said airports for building sites, hangar space, concessions or other uses for a term not to exceed thirty (30) years; to prescribe and promulgate reasonable rules and regulations for the operation of such airports, and to exercise supervision and control of such operation; to accept and receive grants from the state and federal governments and any body politic for the construction, maintenance, operation and management of such airport facilities. (8) Contracts with other governmental agencies. 7.b enter into contracts with the State of Florida or anq of ids subdivisions or agencies, and with the United States of America or any department or any agency thereof, in order to purchase, lease or acquire property, real and personal, within or without the limits of the territorial boundaries of the city, for any municipal purpose, and to sell, alienate, convey, lease or otherwise dispose of same for the benefit and advantage of said city. (9) ~b convey to.United States or State of Florida. Zb acquire real estate or any interest therein, located within or without the territorial limits of said city, by purchase, gift, devise, condemnation or otherwise, for the purpose of giving, grantang or conveying the . . same to the United States of America or the State of Florida, or any lawful .agency or subdivision thereof, whenever the city council of said city shall deem it advisable, beneficial and to the best interest of said city so to do, or in order ,to induce the. construction of public institutions and public works of any and all. kinds. . (10) Golf course. 7.b acquire, construct, own and operate a golf course or golf courses and all such buildings and improvements as said city may deem necessary or desirable for use in connection therewith, within or outside of the limits-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, condemnation or otherwise for such purposes"any lands within or outside the limits of said city as it may deem necessary or desirable, to charge. reasonable admissions, 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 for. the use and operation thereof. X11) ~ Eminent domain. Zb exercise the right and power of eminent donnain, that is, the right to appropriate property within or without the territorial limits of said .city for the _ .following uses or purposes:. For streets; lanes, alleys and ways, for public parks, squares and grounds, for drainage and for raising or filling in land in order to promote sanitation and healthfulness, for reclaiming and filling when lands are low or wet or . overIlowecl, altogether or at times and entirely or partly, for the abatement of_any nuisance, for the use of water pipes and for, sewage and drainage. purposes, for laying . wires and conduits under the, ground, for city, buildings, waterworks, pounds, electric power plants, bridges, sea walls, bulkheads, causeways, docks, golf courses, airports and any and all other powers granted to said city by this Charter. and for any other 3upp. No. 40 ... ~ CHT:6 § 1.02 SEBAS'1'~IAN CODE municipal purpose and for anp other ~ purpose granted by law, all of which shall be coextensive with the powers of the City of Sebastian exercising the.right of eminent domain and the ,absolute fee simple title to all property so taken and acquired shall vest is said city unless the city seeks to condemn a particular right or estate is such property. That the procedure for the exercise of eminent domain'or the condemnation of anylands or propertyunder this subsection shall be the same as is piavided by the general laws of the State of Florida with respect to eminent domain. The city shall not use the power of eminent domain for a project having the purpose of transferring rights is the properties acquired to a private party in pursuit of economic development. (Res. No. R-88-16, § 2,1-13-88; election of 3-1489; Ord. N'o. 0-93-21, §§ 1-3,1-12-94, election of 3-8-94; Ord. No. 0-99-18, § 1, ll-3-99, election of 3-1400; Ord. No. 0-06-19, § 1, 10-26-06, election of 3-14-06; Ord. No. 0-06-09, § 1, 10-11-06, election of 3-13-07) Btate law reference-Municipal home rule powers, F.S. ch. 166. . Bec. 1.03. ~Intergovernmental.relations. . The city may exercise any of its powers or perform any of its functions and may participate in the financing thereof, jointly or is cooperation, by contract or otherwise with any city, county, state, the United States or any agency or governmental unit thereof. Btate law reference-Intergovernmental programs, F.S. ch. 163. Sec. 1.04. Boundaries. The corporate limits of the city shall be as presently established or as hereafter changed pursuant to state law State law reference-Municipal annexation or construction, F.S. ch. 171. Sec. 1.06. Effisting businesses may continue after annexation. Any real property upon which $ lawful business is being conducted at the time the same is taken into the corporate territory of the city, during the continuance of -the .same business it shall be granted the same privileges, immunities and exemptions as though any such business had been conducted within the. city for the time of operation prior to annexation to the city at such location. . ARTICLE II. CITY COUNCIL Bec. 2.01. Composition. .. There shall be a city council. consisting of five (6) council members elected by the qualified voters of the city at large.. ~ . (Ord. No. 0-91-29, § 1, 1-8-92; Ord. No. 0-93-03, § 1, 1-27-93) 3upp. No. 40 CH'iti6 CHARTER Sec. 2.02, Eligibility. § 2.06 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 office. ~ - (Ord. No. 0-84-1, § 1, 2-1-84; Ord..No. 0-83-03, § 2,.1-27-93) Sec. 2.OS. Election. ~ ' (a) [Tlhere shall be held a general election of two (2) council members on the first Tuesday • following the first Monday in November 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. (Ord. No. 0-91-29, § 1,1-8-92; Ord.. No. 0-93-03, § 3,1-27-93; Ord. No. 0-06-11, § 1,10-11-06) Sec. 2.04. Terms. (a) The terms of the council members shall be for two (2) years; or until a:successor has been duly elected or appointed. 'and sworn. . (b) The term of each newly elected council member shall begin on the Monday following the - election, at a special meeting of the city council to be held for the purpose of swearing in such i newly elected officiala..If a regular city council, meeting is to be hell the Monday following the election, the newly elected officials shall be sworn in. at the conclusion of such regular meeting. (Ord._ No. 0-91-29, § 1, 1:8-92; Ord. No. 0-93-03, § 4, 1-27-93)_ : _ . , Sec: 2.06. Compensation. The mayor; vice-mayor and each of the other council members shall be~paid the following amounts on a monthly basis:. . (1) Mayor: Four hundred fifty dollars ($460);' • (2) Vice-mayor: Three hundred dollars ($300); and (3) Council members: Three hundred dollars ($300). ~ , . - (Res. No. R-82-22, 9-8-82; Res. No. R-87-04, § VI, 2-4-87; Ord.. No. 0-91-29, § 1,1-8-92; .Ord. No. 0-93-02, § 1, 1-27-93; Ord. No. 0-99-22, § 1, 11-3-99, election.of 3-1400) Seca 2.06. Mayor; vice-mayor. (a) Mayor-Selection and term: (after the seating of any newly elected. council members at the special city council meeting held pursuant to Section 2.04, the new city council shall, as the first order of business; elect a mayor from among its members. The incumbent mayor or in his _ or her absence, the vice-mayor or in his or her absence, the senior member of city council, shall ask for nominations for mayor. After all nominations have been made, the ~nominationa shall be closed. The city clerk shall then call the roll of the council members and each council. --- member shall cast an affirmative vote for the council member of their choice. The council Supp. No. 40 CHT:7 § 2•~ SEBASTIAN CODE ~ -- . ~ i member that receives a majority vote shall be elected mayor. ]:n the event no council member - receives a majority of the votes cast on the first ballot, balloting with sequential roll calls shall continue until a council member receives a majority vote. Council members shall not nominate _ _ themselves. Only elected council members shall be eligible for the afiice of mayor. (1) If there is no mayor seated on the new or e~sting city council, a temporary city council chairperson may 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 nomination and second for mayor, the nominee shall be seated as mayor. . (b) Mayor -Duties, general: The mayor shall preside at each meeting of the.city council, shall have a vote upon matters before the city council, but shall not possess a veto power. The mayor shall have the power to preserve the peace and order, be recognized as the head of the city government for all ceremonial purposes, and shall be recognized by the governor as the head of the city government for purposes of military law. The mayor shall sign all ordinances, resolutions and proclamations of the .city council or other documents. as required by law on behalf of the city as directed and authorized by the city council, which shall also be attested by the city clerk: - ~ - (c) Vice-mayor-=Selection and term:. Immediately subsequent to the .selection ~ of a mayor, 1 the city council shall elect~a vice-mayor from among its members. The teim of the.vice-mayor shall be for one year or until his or her successor is elected. The vice-mayor shall be elected using the same procedure as for the election of mayor. (d) Vice-mayor-Duties, general. In the absence or disability of the.~nayor, the vice-mayor shall serve as mayor during such absence or disability. In the abaence.or.disability of both the mayor and vice-mayor, the senior member of city council shall serve as mayas during such ' absence or disability. ~. (e) Vacancies. In the event the office of mayor shall become vacant during the course of a term, the vice-mayor shall succeed to the office of mayor. In the event~tlie office of vice-mayor shall become vacant during the course of a term, a new vice-mayor shall be chosen. as the first order of business at the~nest council meeting. (Ord. No. 0-91-30, § 1, 1-8-92; Ord. No. 0-93-03, § 6, 1=27-93; Ord. No. 0-99-23, § 1, 11-3-99, election of 3-14-00; Ord. No. 0-06-10, § 1, 10-11-06; Ord. No. 0-06-11, § 2, 10-11-06). Sec. 2.07. General powers and duties. All powers of the city shall be vested in the city. council, except as otherwise provided by law or .this. Charter, and the city council shall provide for the ezercise thereof and for .the . performance of all duties and obligations imposed on the city~by law (Ord. No. 0-91-29, § 1, 1-8-92) ~ ~ ~ ~ -- Supp. No. 40 ~ CIIT:8 CHARTER - § 2.09 Sec. 2.08. Vacancies; forfeiture of offi'ice; filling of vacancies. (a) Vacancies. The office of council member or the mayor shall become vacant upon his/her death, resignation, removal from office in any manner authorized by law or forfeiture of his/her office.. - (b) Forfeiture of office. A council member or the mayor shall forfeit his/her office if he/she: (1) Lacks ~at any time during his/her term of office any qualification for ~ the office prescribed by this Charter or by law; (2) Violates any express prohibition of this. Charter; ~ . (3) Ia convicted of a crime involving moral turpitude; or (4) . Fails to attend three (3) consecutive regular meetings of the city council without being excused by the city council. ~ . _ - (c) Filling vacancies. ]n the event of a vacancy in the office of a council member, the city _ council shall, by taking individual nominations and voting thereupon, appoint a person having the qualifications of council member to occupy such office until the earlier of (1) the seating of a successor elected by the electorate of the city at the next general municipal election for the city where the qualifying period for seeking election for counci]. members 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 to be elected for the,ut~expired term, the. candidates shall run specifically . .. for that seat on the. council. - . - However, if there is no general election within asix-month period of the occurrence of the• vacancy and the unexpired term for the vacant seat exceeds six months, a special election slall be held with all due haste to elect a successor, and the appointee shall .serve until the successor is seated at the first regular meeting of the council- following certification of the election results. (Ord. No. 0-88-43_, § 2;1-11-89; Ord. No.`0-91-29, § T,1-8-92; Ord. No. 0-91=30, § 2,1-8-92; Odd. No. 0-93-02, § 2, 1-27-93; Ord. No, 0-99-24, § 1, 11-3-99, election of.3-1400) . .. . Editor's note-Section 1 of Ord. No. 0-88-43, adopted January 11, 1989, repealed former § 2.08 in its entirety and § 2 of the ordinance renumbered § 2.09 as § 2.08. The repealed provisions pertained to supervision over administrative officers and derived from the o_ riginal Charter of the city adopted by Ord. No. 0-78-9. on October 9, 1978. Sec. 2.09. Judge of qualifications. The city council shall be the judge of the election and qualifications of its members and of the grounds for forfeiture of their .office and for that purpose shall- have power to subpoena witnesses, administer oaths; and require the production of evidence. Upon the filing by a sitting member of council of a written charge that a member,has committed 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, e~sta for believing .the violation: occurred, and upon an affirmative determination by the majority, a special meeting shall be scheduled within thirty --` (30) days for a hearing on the charge. Alternatively, a member charged by a member of the Sapp. No. 40 - ~ CHT:9 § 2.09 - SEBASTIAN CODE ~ - public with conduct constituting grounds for forfeiture of his/her office shall be entitled to a public hearing on demand. Notice of such hearing shall be published in orie (1) or more newspapers ~of general circulation in the city at least one (1).week in advance of the hearixig. Decisions made by the city council under this section shall be subject to review by the courts. (Ord. No. 0-88-43, § 3, 1-11-89; Ord. No..O-91-29, § 1, 1-8-92; Ord. No. 0-99-25, § 1, 11-3-99, election-of 3-1400) Editor's note~ection 3 of Ord. No. 0-88-43, adopted January 11, .1989, renumbered §2.10 as§2.09. . Sec. 2.10. City council-employee relationship. Neither the city council nor any of its members shall in any manner dictate the appointment or removal.of an~y city employee except the charter officers nor shall the city-council or any of its members give orders to any employee, other than city council ordera~to a charter officer. The' . city council or ita.members shall implement all policy matters through the appropriate charter officer. ~ - - (Ord. No. 0-88-43, § 4, 1-11-89; Ord. No. 0=91-29,~§ 1, 1=8-92) Edtor's note-See the editor's note following § 2.09. Sec. 2.11. Investigations. . . The city council may make investigations into the affairs of the city and the conduct of any city department, office or agency and for this purpose may subpoena witnesses, administer oaths, take testimony and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the-.city council shell be guilty of a misdemeanor. (Ord. No. 0-88-43, § 8, 1-11-89; Ord. No. 0-91-29, § 1, 1-8-92) Editor's note-Sections 6-7 of Ord. No. 0-88-43, adopted January 11, 1989, repealed former §§ 2.11-2.13 which pertained to the city manager, city clerk and city treasurer and derived from the Charter adopted October 9,1978; by Ord. No. 0-78-9. Sections 2.14-2.19 of the Charter were renumbered as §§ 2.11 2.16 by §§ 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 resolution.. Special: meetings of the city council may beheld on the.call of the mayor or any council member.~There shall be at least twenty-four (24) hours advance notice of any special council meeting called and said meetings shall only be held after b p.m. If a public emergency .exists-any council member or charter officer may call a special meeting, and the advance notice requirement as well as the time restriction shall be waived. All city council meetings shall be public. meetings, except as otherwise permitted by law (b) Rules and journal. The city council shall determine its own rules and order of business and shall provide for keeping a journal of its proceedings. This journal shall be a public record. Supp: No. 40 ~ CH'1L10 . CHARTER § 2.14 (c) Voti»~. Voting may be by voice vote, except that a roll call vote shall be required on appropriation of funds, for the approval of an ordinance or upon any motion upon the call of any council member. The ayes and nays on each roll call vote~shall be recorded in the minutes of the meeting._Three (3) members of the city council shall constitute a quorum; but a smaller number may adjourn from time to time and may compel the attendance of absent.council members in the manner and subject to the penalties prescribed by the rules of the city council then in force. No action of the city council., except as otherwise provided in this Charter, shall be valid or binding unless adopted by the affirmative vote of three (3) or more council members. (Ord. No. 0-88-43, § 9,1-11-89; Ord. No: 0-91-29, § 1,1-8-92; Ord. No. 0-91-30, § 3,1-8-92; Ord. No. 0-93-02, § 3,1-27-93; Ord: No. 0-99-26, § 1,11-3-99, election of 3-14-00; Ord. No. 0-06-13, Editor's, note-See the editor's note following § 2:11, . .. - Sec. 2.13. Emergency ordinances. To meet a. public emergency affecting life, health, propexty or the public peace, the city council. may adopt one (1) or more emergency ordinances, but such ordinances may not levy taxes, grant, renew or Mend 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 oidin~nce shall be introduced in. the form ~ and manner prescribed for ordinances generally, except that xt shall be plainly designated as an emergency ~ ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists slid describing it in clear and specific terms. An emergency ordinance may be adopted with ~ or without amendment or rejected at the meeting at which it is introduced, but the affirmative . vote of at least four,(4) members shall be required for adoption: After its adoption the ordinance shall be posted as prescribed. for other adopted ordinances. It shall. become effective upon adoption or at .such later time as it may specify. Every emergency ordinance except an emergency appropriation shall automatically stand repealed as of the ninety-first (91st) day following the date on which it was adopted, but. this shall not prevent reenactment of the ordinance in the manner specified in this~section if the emergency still exists. An emergency ordinance may also be repealer) by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. (Ord. No. 0-88-43, § 10,.1-11-89; Ord. No. 0-91-29, § 1, 1-8-92) Editor's note--See the editor's note following § 2.11. State law reference-Uniform m;n;,,,~ requirements for adoption of ordinances, F.S. § 166.041......- Sec. 2.14. Codes of technical regulations, .The city council may adopt any 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, except that: (1) The requirements of state law for distribution and filing of copies of the ordinance shall. be construed to include copies of the code of technical regulations. as well as of the . adopting ordinance; and Supp. No. 40 .. ~ CHT:11 _ § 2.14 SEBASTIAN CODE - (2) A.copy of each adopted code of technical regulations as well as of. the adopting ordinance shall be authenticated and_ recorded by the city clerk. - (Ord. No. 0-88-43, § 11, 1=11=89; Ord. No. 0-91-29, § 1, 1-8-92) - Editor's note-See the editor's note following § 2.11.- ~ _ Sec. 2.18. Authentication and recording, codification; printing. (a) Authentication and recording. The city clerk shall authenticate by such clerk's signature and record in foil in a properly indeed book kept for such purpose all ordinances and resolutions adopted by the city council. (b) •C'odifux~staon. The city council shall provide for the preparation of a general codification of all city ordinances and resolutions having the force and effect of law .The general codification shall be adopted by the city council by ordinance and shall be published promptly in bound or looseleaf form, together with this Charter and any amendments thereto, and such codes of . technical regulations and other rules and regulations as the city council may. specify. This codification shall be known and cited officially as the Code of Ordinances of the City of Sebastian, Florida. Copies of the Code shall be furnished to city officers, placed in~libraries and public offices for free public reference, and made available for purchase by the public at a . reasonable price fined by the city council. The Code of Ordinances of the City of Sebastian, Florida, as amended as of the effective date of this ordinance, is hereby validated, confirmed and shall be admissible in evidence in the courts of the state without proof of any procedural . notice or action relating to their adoption. - (c) Printing of ordinances and resolutions. The city council shall cause each ordinance and resolution having the force and effect of law and each amendment to this Charter to be printed following its adoption, and the printed ordinances, resolutions and charter amendments shall be distributed or sold to the public at reasonable prices to be fissd by the city council. Following publication of the first Sebastian City Code -and at all times thereafter, the ordinances, resolutions amd charter .amendments shall be printed in substantially the same style as the _ Code currently in effect and shall be suitable in form for integration therein. : (Ord. No. 0-88-43, § 12, 1-11-89; Ord. No. 0-91-29, § 1, 1-8-92) ~ - Editor's note-See the editor's note following § 2.11. Sec. 2.16. Standing committees: ~ . (a) Standing committees may be appointed by the city council. The membership, powers and duties of such committees shall be provided by the resolution or ordinance of the city council. (b) Periodic reports to the city council shall be made by the standing committees as to the accomplishments and future activities contemplated. by each standing committee, as directed by the city council. (Ord. No. 0-.88-43, § 13, 1-11-89; Ord. No. 0-91-29, § 1, 1-8-92; Orcl. No. 0-91-30, § 4, 1-8-92; Ord. No. 0-99-27, § 1, 11-3-99) Editor's note-See the editor's note following § 2.11. . Supp. No. 40 CHT:12 ~ . ARTICLE III. ADMINISTRATION AND LEGAL DEPARTMENTS* - DIVISION 1. GENERALLY Sec. 3.01. Creation. The city manager, city clerk and city attorney are designated Charter officers. (Ord. No. 0-88-43, § 14, 1-11-89; Ord. No. 0-91-29, § 1, 1-8-92; Ord. No. 0-93-02, § 4,1-27-93; Ord. No. 0-06-14, § 1, 10-11-06) Sec. 8.02. Appointment [of Charter officers]. The Charter officers shall be appointed by the city council and serve at the pleasure of the city council subject 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. 8.03. Removal of Charter oflacers. ''(a) Any Charter officer maybe removed from office for cause, or without cause pursuant to ~~ -the terms of an employment agreement, by a m~ority vote. of the entire city. council. . ' (b) In the event~that one or more counci]. members believes that cause.e~sts for the removal of ' a Charter officer, such council members shall present written charges to the entire city council at a regularly scheduled meeting for discussion. The city counci]. may, by a vote at least three (3) council members that, said charge would, if proved, constitute a violation and that a reasonable basis effists for believing the violation occurred, formally charge the named Charter officer with misconduct and immediately suspend such Charter officer form office. Notice of the - auspension and the specific charges of misconduct shall be served upon the affected Charter . officer in person or by certified or registered mail, return receipt requested, to the last known address of the affected Charter officer. The suspended Charter officer shaIl have the right to a hearing before the city council upon request. The suspended Charter officer shall be given a . reasonable period of time in order to prepare for such hearing. At the eonclusion of the hearing, - the suspended Charter officer shall be removed if the city council finds, by a vote of at.least three (3) council members that cause e~sts to support such removal. In the event that at least three (3) council members do not find that cause e~sts for removal, the suspended Charter officer shall be immediately reinstated to his or her Charter office. (Ord. No. 0-88-43, § 14, 1-11-89; Ord.~No. 0-91-29, § 1,1-8-92; Ord. No. 0-93-02, § 6,1-27-93; Ord. No. 0-99-28, § 1, 11-3-99, election of 3-14-00; Ord. No. 0-99-29, § 1, 11-3-99, election of 3-14-00) - - *Editor'snot~-Section 14 of Ord. No. 0-88-89, adopted January 11,1989, repealed former Art. III, which contained §§ 3.01-3.05, and enacted a new article III to read as set out herein. The repealed article pertained to similar provisions and derived from the Charter adopted by - -- Ord. No. 0-78-9 on October 19, 1978. 8upp. No. 40 CIiT:13 r § 3•~ SEBASTIAN CODE Sec. 8.04. City manager; powers and duties. (a) The city manager shall be the chief administrative officer of the city. (b) The city manager, when necessary, shall appoint, suspend, demote, of dismiss any city employee under his jurisdiction in accordance with the law and the personnel rules of the city and may authorize any department head to exercise these powers with respect to subordinates in his respective department. (c) The city manager shall direct and supervise the administration of all departments of the city except the offices of the city clerk and city attorney. He shall attend all city council meetings unless excused by city council and shall have~the right to take part in discussions, but notvote. . (d) The city manager. shall see that all law8, Charter provisions, ordinances, resolutions, and othei acts of the city council subject to enforcement by the city manager are faithfully executed. " (e) The city manager shall: also prepare and. submit the annual budget, budget message, . and capital program to the city council . and shall keep the city council fully advised as to the financial condition and future needs of th® city, and shall make such recommendations to the city council concerning the affairs of the city as he deems desirable. The city council shall adopt the annual budget, mi]lage. rate and capital program, as Presented.. or as modified, by resolution. (f) The city manager shall designate a qualified city employee to exercise the powers and perform the duties of city manager during .any temporary absence or disability of the city manager. The city council may revoke such. designation at any time and appoint another eligible person, other than a .sitting. council member, to serve as acting city manager. . (g) The city manager, as authorized by the city Charter, the Sebastian Code of Ordinances, or by the direction of the city council, shall sign all contracts, bonds; debentures, franchisee and official documents on behalf of the city,~which shall also be attested by the city clerk. (Ord. No. 0-88-43, § 14, 1-11=89; Ord. No. 0-91-29, § 1, 1-8-92; Ord. No. 0-91-30, § b, 1-8-92; Ord. No. 0-99-23, § 1, 11-3-99, election of 3-14-00; Ord. No. 0-99-30, §. 1, 11-3-99, election of 3-14-00) Sec..3.08. City clerk. ~ _ The city clerk shall give notice" of city council meetings to its members. and the public, keep the journal of its proceedings and perform such other duties as are assigned to the clerk by this Charter or by the city council. (Ord. No. 0-88-43, § 14, 1-11-89; Ord. No. 0-91-29, § 1, 1-8-92) ~ -- " 3upp. No. 40 CIi'iL 14 CHARTER DIVISION 2. POLICE DEPARTMENT Sec. 8.06. Police department. § 4.01 The City of Sebastian shall maintain its own Police Department, and daily operations of said police department will be overseen by a chief of police who will be a certified police officer and who will come under the purview of the city manager. .(Ord. No. 0-88-43, § 14, 1-ll-89; Ord. No. 0-06-16, § 1, 12-13-06) 3ec. 3.07. Reserved. Editor's note-Ord. No. 0-06-15, § 1, adopted Dec. 13, 2006, repealed § 3.07, which pertained to the duties and authority of the chief of police and derived from Ord. No. 0-88-43, § 14, adopted Jan. 1, 1989. .... ,... - - 3ec. 3.08. Reserved. _ Editor's note-Ord. No. 0-06-15, § 1, adopted Dec: 13, 2006, repealed § 3.08, which pertained to the duties and authority of police officers and derived from Ord. No..0-88-43, § 14, . adopted Jari. 1, 1989 and Ord. No. 0-93-02, § 6, adopted Jan. 27, 1993. ~ ~ . _ _ r DIVISION 3. LEGAL Sec. 8.09. City attorney. - ~ ~ .. - (a) There shall be a city attorney of the city who shall serve as chief legal advisor to the city council and all city departments, offices and. agencies, shall represent the city in all legal proceedings and shall perform any other duties prescribed by this Charter or by ordinance. (b) The city council shall. have authority to retain additional counsel in specific actions or : . proceedings in its discretion. . (c) The, city attorney shall receive such compensation as may be determined by the city council. - (Ord. No, O-8$-43, § :14,1-1T-89; Ord. No. 0-91-29, .§ 1,1-8-92; Ord. No. 0-06-16, § 1,10-11-06) ARTICLE IV. ELECTIONS* - 3ec. 4.01. Adoption of state election laws. ... All ener . g al laws of the State. of Florida, relating to elections and the registration of persons qualified to vote therein which are not inconsistent or in conflict with the provisions. hereof or the ordinances of the City of Sebastian, shall be applicable to all city elections. *State law reference-Electors and elections; F.S. ch. 97 et seq.. SuPP. No. 40 - - CHT:16 § 4.02 SEBASTIAN CODE . . Sec. 4.02. Filing of candidate's oath;"fee. (a) Each candidate, in order to qualify for election to the office of council member, shall take and subscribe to an oath or affirmation. in writing. A printed copy 'of the oath or affirmation ahall~ be fin'nished to the candidate by the city- clerk and shall comply with the provisions of Florida law (b) The oath set forth in subsection (a) shall be filed with the city clerk at least sixty (60) . days, but no more than seventy-five (?6) days, prior to the day of the election, along with payment of a nonrefundable filing fee in an amount to be set forth by Code. (Ord. No. 0-91-29, § 1, 1-8-92; Ord. No; 0-93-04, § 1, 1-27-93; Ord. No. 0-99-31, §. 1, 11-3-99, election of 3-1400; Ord. No. 0-06-17, § 1, 10-11-06) - Sec. 4.03. Reserved: Editor's note--Section 4.03, pertaining to special municipal elections to elect elective officers was repealed in its entirety by Ord. No. 0-93-04, § 2, adopted January 27; 1993. Sec. 4.04. Special election for other purposes. ~ - Aspecial election for a purpose other than the nomination or election of city officials, may be authorized by resolution at any time by the city council; provided, not less than thirty (30) days nor more than sixty (60) days intervene between the date of the adoption of the resolution and the date of the election, unless a, different time be otherwise provided in this Charter by ~ - ordinance or by statutory law or constitutional provisions, under authority of. which the election is called. Any matter. or matters which by the terms of this Charter, which may be _- submitted to the electors of the city at any special election, maybe submitted and voted upon at the regular municipal election. . Sea 4.OS. Reserved... _ Editor's note-Ord. No. 0-06-17, § 2, adopted Oct. -11, 2006, repealed § 4.06, which pertained to ca11ing an election by resolution and derived from the original codification. Sec. 4.06. Reserved. Editor's note--Section 4.06, pertaining to election precincts and polling places and the right for the city to 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 section in its entirety. Sec. 4.07. Elections-how arranged; fn.spectors and clerks. The city council, in conjunction with the city clerk, shall make all necessary arrangements for holding all city elections and. shall declare. the results thereof Prior to the qualifying dates provided herein [t]he city council shall adopt a resolution calling any such election,. stating therein where the election shall be -held; and naming 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. No. 0-91-29, § 1, 1-8-92; Ord. No. 0-93-04, § 4,1-27-93; Ord. No. 0-06-17, § 3,1x11=os) Supp: No. 40 CIiT:16 ~ -- Sec. 4.08. Same-City canvassing board; canvass of election returns. - (a) If the city is not, holding its election as a part of the election for Indian River County, Florida, the city clerk shall appoint a city canvassing board to be composed of .three (3) individuals; one (]a member shall be the city clerk; one (1) member shall be the city attorney, _ - and the remaining member shall be .appointed by the city clerk. The city clerk shall act as chair~eraon of the city canvassing board. (b) When a city canvassing board has been constituted, the city canvassing board shall meet at a place and time designated by the cliairperaon, as soon as practicable after the close of the polls of any municipal election involving the city, at which time, the city canvassing board shall proceed to publicly. canvass the absentee electors' ballots and then publicly canvass the vote as shown by the returns then on file in the office of the supervisor of elections for Indian River .County, Florida. The city canvassing board shall prepare and sign a certificate containing the total number of votes 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 certificate of the county canvassing Board of the returns for Indian River County, Florida, or the city canvassing board, as the case may be. The city council shall then declare the. results of the election and enter them in the minutes of the special meeting. Any oath of office required to be administered to the newly elected council members ti shall be administered at such special city council meeting or at the next city council. meeting where the newly elected council members are in attendance: - (Ord. No., 0-93-04, § 6; 1-27-93; Ord. No. 0-99-32, § 1, 11-3-99, election of 3-14-00) Sec. 4.08. Same-Ballots. The. ballots shall conform to the form of ballots prescribed by the general election laws of the State of Florida. . (Ord. No. 0-93-04, § 6, 1-27-93) . Sec. 4.10. Reserved. Editor's note-Ord. No. 0-06-17, § 4, adopted Oct. 11, 2006, repealed § 4.10, which pertained to voting machines and derived from the original codification. . Sec. 4.11. Reserved. . Editor's note-Ord. No, 0-06-17, § 6; adopted Oct. 11, 2006, repealed § 4.11, which ~' pertained to absentee voting and derived from the original codification.. Sea :4.12. Election procedures; tie vote. . (a) In all general or special elections, the candidates receiving the highest vote in each of _ the offices of council member to be filled, shall be elected for two-year terms, or the balance of -- the term. ~ _~ Supp. No. 40 ~ ~ CHT:17 - - § 4.12 ~ SEBASTIAN CODE (b) In the event that at any election there are two (2) or more candidates for the same office and they should receive the same number of votes, the question shall be decided by a special run-off election between the tied candidates to be held no later than thirty (30) days after the results of the initial election are declared by city council. - _ (Ord. No. 0-84-3, § 1, 2=1-84; Ord..No. 0-88-44, § 1,1-ll-89; Ord. No. 0-91-29, § 1,1-8-92; Ord. No. 0-93-04, § 7, 1-27-93; .Ord. No. 0-98-19, § 1, 11=18-98; Ord. N'o. 0-99-33, § 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 voters at an election held Mar. 9, 1999. Sec, 4.13. Conduct of candidates for election office. No candidate shall violate the provisions of Florida Statutes Chapter 104, (the Florida Election Code). as now constituted or as amended in the future. A violation of any of these provisions shall disqualify such candidate from holding office, -if elected, .and the- person receiving the majority of the votes cast, observing the foregoing conditions, shall be entitled to the office. Any sitting member of council or candidate therefore may file a written charge with the city clerk, prior to opening of the meeting in which the election results are declared, that specifies an alleged violation 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 eats for believing the violation occurred, and upon an affirmative determination by the majority, a special meeting shall be scheduled within thirty (30) 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 provisions occurred, such a finding shall disqualify such candidate from holding office, and the person receiving the majority of the votes teat, observing the foregoing conditions, shall be entitled to the office. (Ord. No. 0-99-34, § 1, 11-3-99, election of 3-14-00) State law references-Election violations, F. S. ch. 104; candidates, F.S. ch. 106; Code of ethics for public officers and employees,. F.S. § 112.311 et seq. Sec. 4.14. Interim government. . Should a condition 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 .fill .such vacancies, the city clerk shall have the power to fill thQ vacancies until successors are elected, and such city council ao appointed shall call a special election as provided by this Charter. In the event. of the inability or refusal of the city clerk to serve in such capacity or to fill such vacancies, within five (5) days after. such condition arises, the city manager shall do so. In the event of the inability or refusal of the city'manager to act within twenty-four (24) hours, the city attorney shall do so. (Ord. No. 0-99-35, § 1, 11-3-99, election of 3-14-00) State law reference-Emergency continuity of government,- F.S. ch. 22. Supp. No. 40 C]3'IL18 CHARTER §6.01 ARTICLE V. GENERAL PROVISIONS Sec. 6.01. Severability of provisions. . If for any reason any section, paragraph or part of this Charter shall be held invalid or unconstitutional, that fact shall not affect, invalidate or destroy any other section, paragraph or part of this Charter, and the remaining portions thereof shall remain in full force and effect without regard to the section, paragraph or portion invalidated. (Ord. No. 0-93-02, § 7, 1-27=93) Sec. 8.02. Effective date. This Charter shall take effect January 1, 1979. Sec. b.03. Charter review committee. Not later than April 16 of the year 1999 and of every 6th year thereafter, the city council shall appoint a charter review committee to review the Charter of the city. Each charter review committee shall consist of fifteen (16) residents of the city. The committee shall~otherwise be appointed in the manner provided by the Code of Ordinances..The committee shall be funded by the city council and shall be known as the "City of Sebastian Charter Review Committee." _ It shall, within six (6) months from the date of its formation, pre$ent to the city council its final recommendation~for amendment of the Charter or its recommendation that no amendment is appropriate. If amendment is to be recommended, the charter review committee shall conduct two (2) public hearings, at intervals of not less than fourteen (14) days, prior to the transmittal of its recommendations to the city council. The city council may by ordinance submit any or all of the recommended amendments to the electors for vote at the next general election held within the .city or at a special election called for said purpose. (Ord. No. 0-98-13, § i, 10-14-98; Ord. No. 0-06-18, § 1, 10-11-06) . Editor's note--Ord. No. O-9&13, § 1, amended the Charter by adding § 6.03 to read as herein set forth. Such amendment was approved by the voters at an election held Mar. 9,1999. ARTICLE VI. TRANSITION Sec. 6.01. Title to property reserved. The title, rights and ownership of all real .and personal property, taxes due and unpaid, _ uncollected permits, dues, fees, judgments, chorea in action, penalties, decrees and all property rights held or owned by the City of Sebastian, shall succeed to and be vested in the City of . Sebastian, a municipal corporation created, eating and organized under the provisions of this ---, Charter. Supp. No. 40 CHT:19 i $ 6.02 8EB~3TIAN CODE . ~ ~ Secs. 6.02, 6.03. Reserved. ~ . Editor's note-Ord. No. 0-99-36, § 1, adopted Nov 3, 1999, and approved by the~voters at an election held Mar. 14, 2000, repealed §§ 6.02, 6.03, which pertained to unimpaired _ obligations of the city and holdover of city officers and employees pursuant to the adoption of the 1979 Charter. Sec. 6.04. Ordinances preserved. . All ordinances in effect upon the adoption of this Charter, to the extent not inconsistent with it, shall remain in force until repealed or changed as provided herein. Sec. 6.08. Continuation of former Charter provisions. All provisions of the former city Charter which are not embraced herein and which are not inconsistent with this Charter shall become ordinances of the city subject to modification or repeal in the same mariner as other ordinances of the city. _ ) 3upp: No. 40 ~ CHT:20 ELECTION QUALIFYING DOCUMENTS The Following Are Forms To Be Filled Out And Submitted During The Official Qualifvinq Period • Form DS-DE9 "Appointment Of Campaign Treasurer And Designation Of Campaign Depository For Candidates" • Form DS-DE 25 "Loyalty Oath and Oath of Office for Non-Partisan Office " • 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 X106.023 FS] -See Form DS-DE9 Above) • Eligibility To Hold Office Oath Form (Section 2.02 Charter) (to show eligibility to run for office in accordance with the City Charter requirement that you be a registered voter and have actually continually resided in the City for a period of one year preceding the final day of qualifying for office) • Form 1 "Statement Of Financial Interests" The Following Forms Are Held By The Candidate Until The Appropriate Reporting Periods (Please Refer To Reporting Schedules In This Handbook) • Form DS-DE 12 "Campaign Treasurer's Report Summary" (Contributions DS-DE 13 And Expenditures DS-DE 14 Forms Attached) (Four Sets Of Each) The Following Are Forms To Be Filled Out And Submitted If You Choose to Pre-Qualify Before the Official Qualifvinq Period • Form DS-DE9 "Appointment Of Campaign Treasurer And Designation Of Campaign Depository For Candidates" • Form DS-DE 84 "Statement Of Candidate" (Read And Understand Chapter 106 FS) (Musf 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) (to show eligibility to run for office in accordance with the City Charter requirement that you be a registered voter and have actually continually resided in the City for a period of one year preceding the final day of qualifying for office which is September 4, 2008) The remaining forms as set out above for the Official Qualifying Period and the Qualifying Fee are submitted during the Official Qualifying Period. ~o The Following Links Can be Downloaded from the Internet: • 2008 Florida Division of Elections Candidate and Campaign Treasurer Handbook (use this as a guide but please use the dates provided by the City) http://election.dos.state.fl. us/publications/pdf/2007-2008/CandCampTreasHand.pdf • 2008 Florida Election Laws (this includes FS 106) http://election.dos.state.fl. us/publications/pdf/2008-2009/08-09ElectionLaw. pdf The following publications are provided to you when you pick up a package in the office: • Florida Commission On Ethics "2009 Guide To The Sunshine Amendment And Code Of Ethics For Public Officers And Employees" Brochure • FS 106 • 2008 Florida Division of Elections Candidate and Campaign Treasurer Handbook ii STATE OF FLORIDA OFFICE USE ONLY APPOINTMENT OF CAMPAIGN TREASURER AND DESIGNATION OF CAMPAIGN DEPOSITORY FOR CANDIDATES (Section 106.021(1), F.S.) (PLEASE TYPE) CHECK APPROPRIATE BOX: ® Original Appointment ® Deputy Treasurer ^ Reappointment of Treasurer Name of Candidate 1. Address (include post office box or street, city, state, zip code) Telephone (optional) ( ) 2. Party (Partisan candidates only) 3. Office (add district, circuit, group number) I have appointed the following person to act as my ®Campaign Treasurer ^ Deputy Treasurer 4. Name of Treasurer or Deputy Treasurer 5. Mailing Address (If post office box or drawer add street address) 6. Telephone 7. City 8. County 9. State 10. Zip Code I have designated the following named bank as my ®Primary Depository ®Secondary Depository 11. Name of Bank 12. Street Address 13. City 14. County 15. State 16. Zip Code 17. Signature of Candidate Date Campaign Treasurer's Acceptance of Appointment I, , do hereby accept the appointment as (Please Print or Type) ® Campaign Treasurer ®Deputy Treasurer for the campaign of , who is seeking nomination or election as a candidate to the office of (Party) UNDER PENALTIES OF PERJURY, I DECLARE THAT 1 HAVE READ THE FOREGOING CAMPAIGN TREASURER'S ACCEPTANCE OF APPOINTMENT AND THAT THE FACTS STATED ARE TRUE. X Date Signature of Campaign Treasurer or Deputy Treasurer DS-DE 9 (Rev. 01/08) LOYALTY OATH FOR OFFICE USE ONLY NON-PARTISAN OFFICE (Sections 876.05-876.10, Florida Statutes) STATE OF FLORIDA COUNTY I, First Name Middle Namellnitial Last Name a citizen of the State of Florida and of the United States of America, ... 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 Florida. OATH OF CANDIDATE (Section 99.021, Florida Statutes) 1~ (PLEASE PRINT NAME AS YOU WISH IT TO APPEAR ON THE BALLOT ---NAME MAY NOT BE CHANGED AFTER THE END OF QUALIFYING) am a candidate for the office of (office) (district) (group) My legal residence is County, Florida. I am qualified 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 am required to resign pursuant to Section 99.012, Florida Statutes. X ( ) Signature of Candidate Daytime Telephone Number Email Address Address City State ZIP Code Sworn to (or affirmed) and subscribed before me this day of , 200 Personally Known: or Produced Identification: Type of Identification Produced: Signature of Notary Public -State of Florida Print, Type or Stamp Commissioned Name of Notary Public DS-DE 25 (05/08) STATEMENT OF CANDIDATE (Section 106.023, F.S.) (Please Type) I, 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. 03/08) ~Ir a SE~~~T~N ~ '~L~y,N ^~.,, art HOME OF PELIG4V ISLAND ELIGIBILITY TO HOLD OFFICE OF COUNCILMEMBER Charter Section 2.02 -ELIGIBILITY "No person shall be eligible to hold the office of council member unless he or she is a qualified elector in said city and actually continually resided in said city for a period of one (1) year immediately preceding the final date for qualification as a candidate for said office." I, ,candidate for the office of Council Member, meet the eligibility qualifications to hold office as required in Section 2.02 of the City of Sebastian Charter, above. Signature of Candidate Sworn to and subscribed before me this day of Notary Public State of Florida SEAL See attached FS language for meaning of qualified elector Ms-word/election/charter eligibility 97.041 Qualifications to register orvote.-- (1) (a) A person may become a registered voter only if that person: 1. Is at least 18 years of age; 2. Is a citizen of the United States; 3. Is a legal resident of the State of Florida; 4. Is a legal resident of the county in which that person seeks to be registered; and 5. Registers pursuant to the Florida Election Code. (b) A person who is otherwise qualified may preregister on or after that person's 16th birthday and may vote in any election occurring on or after that person's 18th birthday. (2) The following persons, who might be otherwise qualified, are not entitled to register or vote: (a) A person who has been adjudicated mentally incapacitated with respect to voting in this or any other state and who has not had his or her right to vote restored pursuant to law. (b) A person who has been convicted of any felony by any court of record and who has not had his or her right to vote restored pursuant to law. (3) A person who is not registered may not vote. FORM 1 STATEMENT OF 2008 Please print or type your name, mailing FINANCIAL INTERESTS address, agency name, and position below: LAST NAME --FIRST NAME -- MIDDLE NAME : FOR OFFICE USE ONLY: MAILING ADDRESS ID Code CITY : ZIP : COUNTY ID No. NAME OF AGENCY Conf. Code NAME OF OFFICE OR POSITION HELD OR SOUGHT : P. Req. Code You are not limited to the space on the lines on this form. Attach additional sheets, if necessary. CHECK ONLY IF ~ CANDIDATE OR ~ NEW EMPLOYEE OR APPOINTEE **BOTH PARTS OF 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, 2008 Q3 ^ 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 ^ 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 customers, 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 i thi f d h fill it t b t orm an ow ou eg n s o on page 3. OTHER FORMS you may need to file are described on page 6. CE FORM 1 - Eff. 1!2009 (Continued on reverse side) PAGE 1 PART D -INTANGIBLE PERSONAL PROPERTY [Stocks, bonds, certificates of deposit, etc.] TYPE OF INTANGIBLE 1 BUSINESS ENTITY TO WHICH THE PROPERTY RELATES PART E -LIABILITIES [Major debts] NAME OF CREDITOR ADDRESS OF CREDITOR PART F -INTERESTS IN SPECIFIED BUSINESSES [Ownership or positions in certain types of businesses] NAME OF BUSINESS ENTITY ADDRESS OF PRINCIPAL BUSINESS ACTIVITY POSITION HELD WITH ENTITY I OWN MORE THAN A 5% INTEREST IN THE BUSINESS NATURE OF MY OWNERSHIP INTEREST BUSINESS ENTITY # 1 I BUSINESS ENTITY # 2 I BUSINESS ENTITY # 3 IF ANY OF PARTS A THROUGH F ARE CONTINUED ON A SEPARATE SHEET, PLEASE CHECK HERE ^ SIGNATURE (required): WHAT TO FILE: After completing all parts of [his form, including signing and dating it, send back only the first sheet (pages 1 and 2) for filing. If you have nothing to report in a particular section, you must write "none" or "n!a" in that section(s). Facsimiles will not be accepted. NOTE: MULTIPLE FILING UNNECESSARY: Generally, a person who has filed Form 1 for a calendar or fiscal year is not required to file a second Form 1 for the same year. However, a candidate who previously filed Form 1 because of another public position must at least file a copy of his or her original Form 1 when qualifying. DATE SIGNED (required): FILING INSTRUCTIONS: WHERE TO FILE: If you were mailed the form by the Commission on Ethics or a County Supervisor of Elections for your annual disclosure filing, return the form to that location. Loca! officers/employees file with the Supervisor of Elections of the county in which they perma- nently reside. (If you do not permanently reside in Florida, file with the Supervisor of the county where your agency has its headquarters.) State ofircers or specified state employees file with the Commission on Ethics, P.O. Drawer 15709, Tallahassee, FL 32317-5709; physical address: 3600 Maclay Boulevard, South, Suite 201, Tallahassee, FL 32312. Candidates file this form together with their qualifying papers. To determine what category your position falls under, see the "Who Must File" Instructions on page 3. WHEN TO FILE: Initially, each local officer/employee, state officer, and specified state employee must file within 30 days of the date of his or her appointment or of the beginning of employ- ment. Appointees who must be confirmed by the Senate must file prior to confirmation, even if that is less than 30 days from the date of their appointment. Candidates for publicly-elected local office must file at the same time they file their qualifying papers. Thereafter, local officers/employees, state officers, and specified state employees are required to file by July 1st following each calendar year in which they hold their posi- tions. Finally, at the end of office or employment, each local officerlemployee, state officer, and specified state employee is required to file a final disclosure form (Form 1 F) within 60 days of leaving office or employment. CE FORM 1 - Eff. 1!2009 PAGE 2 INSTRUCTIONS FOR COMPLETING FORM 1 STATEMENT OF FINANCIAL INTERESTS WHO MUST FILE FORM 1: ',All persons who fall within the categories of "state officers," "local officers/employees," "specified state employees," as well as candidates for elective total office, I are required to file Form 1. Positions within these categories are listed below. Persons required to file full financial disclosure (Form 6) and officers of the judicial branch do not file Form 1 (see Form 6 for a list of persons who must file that form). STATE OFFICERS include the following positions for state officials: 4) Persons holding any of these positions in local government: Mayor; 1) Elected public officials not serving in a political subdivision of the state county or city manager; chief administrative employee of a county, municipal- and any person appointed to fill a vacancy in such office, unless required to ity, or other political subdivision; county or municipal attorney; chief county or file full disclosure on Form 6. municipal building inspector; county or municipal water resources coordinator; 2) Appointed members of each board, commission, authority, or council county or municipal pollution control director; county or municipal environmen- having statewide jurisdiction, excluding members of sole advisory bodies; tal control director; county or municipal administrator with power to grant or but including judicial nominating commission members; Directors of the deny a land development permit; chief of police; fire chief; municipal clerk; Florida Black Business Investment Board, Enterprise Florida, Scripps Florida appointed district school superintendent; community college president; district Funding Corporation, Workforce Florida, and Space Florida; Members of the medical examiner; purchasing agent (regardless of title) having the authority Florida Commission on Tourism, Florida Substance Abuse and Mental Health to make any purchase exceeding $15,000 for the local governmental unit. Corporation, and the Council on the Social Status of Black Men and Boys; and SPECIFIED STATE EMPLOYEES include the following positions Governors and senior managers of Citizens Property Insurance Corporation for state employees: and Automobile Joint Underwriting Association. 1) Employees in the office of the Governor or of a Cabinet member whc 3) The Commissioner of Education, members of the State Board of are exempt from the Career Service System, excluding secretarial, clerical, Education, the Board of Governors, and the local Boards of Trustees and and similar positions. Presidents of state universities. 2) The following positions in each state department, commission, board: LOCAL OFFICERS/EMPLOYEES include the following positions or council: Secretary, Assistant or Deputy Secretary, Executive Director; for officers and employees of local government: Assistant or Deputy Executive Director, and anyone having the power nor• 1) Persons elected to office in any political subdivision (such as munici- malty conferred upon such persons, regardless of title. palities, counties, and special districts) and any person appointed to fill a 3) The following positions in each state department or division: Director vacancy in such office, unless required to file full disclosure on Form 6. Assistant or Deputy Director, Bureau Chief, Assistant Bureau Chief, and any 2) Appointed members of the following boards, councils, commissions, person having the power normally conferred upon such persons, regardless authorities, or other bodies of any county, municipality, school district, inde- of title. pendent special district, or other political subdivision: the governing body of 4) Assistant State Attorneys, Assistant Public Defenders, Public the subdivision; an expressway authority or transportation authority estab- Counsel, full-time state employees serving as counsel or assistant counsel to lished by general law; a community college or junior college district board of a state agency, administrative law judges, and hearing officers. trustees; a board having the power to enforce local code provisions; a board 5) The Superintendent or Director of a state mental health institute estab- of adjustment; a planning or zoning board having the power to recommend, lished for training and research in the mental health field, or any major state create, or modify land planning or zoning within the political subdivision, institution or facility established for corrections, training, treatment, or rehabili- except for citizen advisory committees, technical coordinating committees, tation. and similar groups who only have the power to make recommendations to 6) State agency Business Managers, Finance and Accounting Directors, planning or zoning boards; a pension board or retirement board empowered Personnel Officers, Grant Coordinators, and purchasing agents (regardless of to invest pension or retirement funds or to determine entitlement to or amount title) with power to make a purchase exceeding $15,000. of a pension or other retirement benefit. 7) The following positions in legislative branch agencies: each employ- 3) Any other appointed member of a local government board who is ee (other than those employed in maintenance, clerical, secretarial, or similar required to file a statement of financial interests by the appointing authority or positions and legislative assistants exempted by the presiding officer of their the enabling legislation, ordinance, or resolution creating the board. house); and each employee of the Commission on Ethics. INSTRUCTIONS FOR COMPLETING FORM 1: INTRODUCTORY INFORMATION (At Top of Form): If your name, mailing address, public agency, and position are already printed on the form, you do not need to provide this informa- tion unless it should be changed. To change any of this information, write the correct information on the form, then contact your agency's financial disclosure coordinator. Your coordinator is identified in the financial disclosure portal on the Commission on Ethics website: www.eth ics.state.fl.us. 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, but 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 office or are a new employee or appointee, check the appropriate box. MAILING ADDRESS: If your home address appears on the form but you prefer another address be shown, change the address as described above If you are an active or former officer or employee listed in Section 119.071(4)(d), F.S., whose home address is exempt from disclosure, the Commission is required to maintain the confidentiality of your home address if you submit a written request for confidentiality. Persons listed in Section 119.071(4)(d), F.S., are encouraged to provide an address other than their home address. DISCLOSURE PERIOD: The tax year for most individuals is the calendar year (January 1 through December 31 ). If that is the case for you, then your financial interests should be reported for the calendar year 2008; 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 tax year that is not the calendar year, you should specify the dates of your tax year in this portion of the form and check the appropriate box. This is the time frame or "disclosure 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- ing based on either thresholds that are comparative (usually, based on percentage values) or thresholds that are based on absolute dollar values. The instructions on the following pages specifically describe the different thresholds. Simply check the box that reflects 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 based on absolute dollar value thresholds, you cannot use a percentage threshold on any part of the form. (CONTINUED on page 4} Cam' CE FORM 1 - Eff. 1!2009 PAGE 3 PART A -PRIMARY SOURCES OF INCOME [Required by Sec. 112.3145(3)(a)1 or (b}1, Fla. Stat.J Part A is intended to require the disclosure of your principal sources of income during the disclosure period. 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 form the name, address, and principal business activity of each source of your income which (depending 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 during the disclosure period, or exceeded $2,500.00 (of gross income received during the disclosure period by you in your own name or by any other person for your use or benefit). You need not list your public salary received from serving in the position(s) which requires you to file this form, but this amount should be included when calculating your gross income for the disclosure period. The income 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 dividends from a bank account or stocks held by the entireties), you should include 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 services, gross income from business, gains from property dealings, interest, rents, dividends, pensions, social security, distributive share of partnership gross income, and alimony, but not child support. Examples: - If you were employed by a company that manufactures computers 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 distributive share of partnership gross income exceeded 5% of your gross income (or, alternatively, $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, alternatively, $2,500), then you should list the name of the business, its address, and its principal business activity (retail gift sales). - If you received income from investments in stocks and bonds, you are required to list only each individual company from 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 sale of property (not just the selling price), then you should list as a source of income the name of the purchaser, the purchaser's address, and the purchaser's principal business activity. If the purchaser's identity is unknown, such as where securities listed on art exchange are sold through a brokerage firm, the source of income should be listed simply as "sale of (name of company) stock," for example. - If more than 5% of your gross income (or, alternatively, $2,500) was in the form of interest from one particular financial institution (aggregating 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, Fla. Stat.] This part is intended to require the disclosure of major customers, clients, and other sources of income to businesses in which you own an interest. You will not have anything to report unless (a) If you are reporting based on percentage thresholds: (1) You owned (either directly or indirectly in the form of an equitable or beneficial interest) during the disclosure period more than five percent (5%) of the total assets or capital stock of a business entity (a corporation, partnership, limited partnership, proprietorship, joint venture, trust, firm, etc., doing business in Florida); and (2} You received more than ten percent (10%) of your gross income during the disclosure period from that business entity; and (3} You received more than $1,500 in gross income from that business entity during the period. (b) If you are reporting based on dollar value thresholds: (1) You owned (either directly or indirectly in the form of an equitable or beneficial interest) during the disclosure period more than five percent (5%) of the total assets or capital stock of a business entity (a corporation, partnership, limited partnership, proprietorship, joint venture, trust, firm, etc., doing business in Florida); and (2) You received more than $5,000 of your gross income during the disclosure period from that business entity. If your interests and gross income exceeded the appropriate 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 entity's gross income (computed on the basis of the business entity's most recently completed fiscal year), the source's address, and the source's principal business 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 dry cleaning business, you must list the name of the uniform rental company, its address, and its principal business activity (uniform rentals). - You area 20% partner in a partnership that owns a shopping mall and your partnership income exceeded the thresholds listed above. You should list each tenant of the mall 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, its address, and its principal business activity if your income met the thresholds. PART C -REAL PROPERTY [Required by Sec. 112.3145(3)(a)3 or (b)3, Fla. Stat.] In this part, please list the location or description of all real property (land and buildings) in Florida 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 thresholds or dollar thresholds. You are not required to list your residences and vacation homes; nor are you required to state the value of the property on the form. Indirect ownership includes situations where you are a beneficiary of a trust that owns the property, as well as situations where you are more than a 5% partner in a partnership or stockholder in a corporation that owns the property. The value 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 to identify the property. Although a legal description of the property will do, such a lengthy description is not required. Using simpler descriptions, such as "duplex, 115 Terrace Avenue, Tallahassee" or 40 acres located at the intersection of Hwy. 60 and I-95, Lake County" is sufficient. In some cases, the property 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) ~ CE FORM 1 - Eff. 1!2009 I'AGt 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 disclose the lot, but are not required to disclose the office building (because your 113 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 life, 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 -INTANGIBLE PERSONAL PROPERTY [Required by Sec. 112.3145(3)(a)3 or (b)3, Fla. Stat.] Provide a general description of any intangible personal property that, at any time during the disclosure period, was worth more than: (1 }ten percent (10%) of your total assets (if you are using percentage thresholds), or (2) $10,000 (if you are using dollar value thresholds), and state the business entity to which the property related. Intangible per- sonal property includes such things as money, stocks, bonds, certificates of deposit, interests in partnerships, beneficial interests in a trust, promissory notes owed to you, accounts receivable by you, IRA's, and bank accounts. Such things as automobiles, houses, jewelry, and paintings are not intan- gible property. Intangibles relating to the same business entity should be aggregated; for example, two certificates of deposit and a savings account with the same bank. Where property is owned by husband and wife as ten- ants 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 figure by 10% to arrive at the disclosure threshold. List only the intangibles that exceed this threshold amount. Jointly owned property 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 at 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, etc.) 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 corporation. If your accounts with a particular bank exceed $25,000, you should list "bank accounts' and bank's name. - When you retired, your professional firm bought out your partner- ship interest by giving you a promissory note, the present value of which is $100,000. You also have a certificate of deposit from a bank worth $75,000 and an investment portfolio 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, automobile, and other personal prop- erty} 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, "certificate of deposit" and the name of the bank, "bonds" and "IBM," but none of the rest of your investments. PART E -LIABILITIES [Required by Sec. 112.3145(3)(a)4 or (b)4, Fla. Stat.] In this part of the form, list the name and address of each private or governmental creditor to whom you were indebted at any time during the disclosure period in an amount which exceeded: (1) your net 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 net 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 life 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 events occur or fail to occur, such as where you are liable only as a guarantor, surety, or endorser on a promissory note. If you area "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) exceeds $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 promissory 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 "jointly and severally liable," meaning that you may 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 entirety" (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 loans, $5,000 for credit card 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 property is worth $20,000. Since 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 severally 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 - 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 loan associations; cemetery companies; insurance companies (including insurance agencies); mortgage companies; credit unions; small loan companies; alcoholic bever- age licensees; part-mutuel wagering 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) ~ CE FORM 1 - Eff. 1!2009 rr+v~ o 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 posi- 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 during the disclosure period 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 Florida 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 during the disclosure period, an officer, director, partner, proprietor, or agent (other than a resident agent solely for service of process). If you have or held such a position or ownership interest in one of these types df businesses, list (vertically for each business): the name of the busi- ness, its address and principal 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 describe the nature of your interest. (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 salary, reprimand, or a civil penalty not exceeding $10,000. (Sec. 112.317, Florida Statutes] Also, if the annual form is not filed by September 1st, a fine of $25 for each day late will be imposed, up to a maximum penalty of $1,500. jSection 112.3145, F.S. J. 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 file any of the special purpose forms which may be applicable to you, you should carefully read the brief description of each form to determine whether it applies. Form 1 F - Final Statement of Financial Interests: Required of local officers, state officers, and speci- fied state employees within 60 days after leaving office or employment. This form is used to report financial interests between January 1st 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 1X -Amended Statement of Financial Interests: To be used by local officers, state officers, and speci- fied state employees to correct mistakes on previously filed Form 1's. [Sec. 112.3145(9), Fla. Stat.] Form 2 -Quarterly Client Disclosure: Required of local officers, state ofFcers, 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 Bld fOr Publ/C BUSIneSS: Required of public officers and public employees prior to or at the time of submission of a bid for public business which otherwise would violate Sec. 112.313(3) or 112.313(7), Fla. Stat. [Sec . 112.313(12)(b}, Fla. Stat.] Form 4A-Disclosure of Business Transaction, Relationship, Or Interest: Required of public officers and 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 Off-CerS: 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 to the special gain (or loss) of a relative, busi- nessassociate, 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 8B -Memorandum of Voting Conflict for County, Municipal, and Other local Public OfflCerS: Required to be filed (within 15 days of abstention) by each local officer who must abstain from voting on a measure which would inure to his or her special private gain (or loss) or the special gain (or loss) 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 officers, specified state employees, and state procurement employees to report gifts 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 Governmental Entities and Direct Support Organizations and Honorarium Event Related Expenses: Required of local officers, state ot~cers, specified state employees, and state procurement employees to report gifts over $100 in value received from certain agencies and direct support organizations; also to be utilized by these persons to report honorarium event-related expenses paid by certain persons and entities.The form should be filed by July 1 following the calendar year in which the gift or honorarium event-related expense was received. [Sec. 112.3148 and 112.3149, Fla. Stat.] AVAILABILITY OF FORMS; FOR MORE INFORMATION Copies 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, Florida 32317-5709; telephone (850) 488-7864 (Suncom 278-7864). CE FORM 1 - Eff. 112009 rH~r= FLORIDA DEPARTMENT OF STATE DIVISION OF ELECTIONS CAMPAIGN TREASURER'S REPORT SUMMARY (1) OFFICE USE ONLY Name (2) Address (number and street) City, State, Zip Code ^ CHECK IF ADDRESS HAS CHANGED (3) ID Number: (4) Check appropriate box(es): ^ Candidate (office sought): ^ Political Committee ^ CHECK IF PC HAS DISBANDED ^ Committee of Continuous Existence ^ CHECK IF CCE HAS DISBANDED ^ Party Executive Committee ^ Electioneering Communication ^ CHECK IF NO OTHER ELECTIONEERING COMMUNICATION REPORTS WILL BE FILED (5) REPORT IDENTIFIERS Cover Period: From / / To / / Report Type ^ Original ^ Amendment ^ Special Election Report ^ Independent Expenditure Report (6) CONTRIBUTIONS THIS REPORT (7) EXPENDITURES THIS REPORT Monetary Cash & Checks ~ Expenditures $ Loans ~ Transfers to Office Account $ Total Monetary ~ Total Monetary $ In-Kind ~ (8) Other Distributions (9) TOTAL Monetary Contributions To Date (10) TOTAL Monetary Expenditures To Date $ $ (11) CERTIFICATION It is a first degree misdemeanor for any person to falsify a public record (ss. 839.13, F.S.) I certify that I have examined this report and it is true, I certify that I have examined this report and it is true, correct, and complete. correct, and complete. (Type name) (Type name) Individual (only for ^ Treasurer ^ Deputy Treasurer ^ Candidate ^ Chairperson (only for PC, PTY & electioneering commun.) electioneering commun. organization) X X Signature Signature DS-DE 12 (Rev. 08/04) 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 electioneering 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 identification 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. (5) 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 General Election Reports January Quarterly ...........................................................04 46th Day Prior.................................................................G1 April Quarterly ................................................................ Q1 32"d Day Prior ................................................................ G2 July Quarterly ................................................................. Q2 18th Day Prior.................................................................G3 October Quarterl ........................................................... 03 4th Da Prior................................................................... G4 Primary Reports 32"d Day Prior ..................................................................F1 90-Day Termination Reports (Candidates Only) 18t Day Prior ..................................................................F2 Termination Report........................................................TR 4t Da Prior .................................................................... F3 Check one of the appropriate boxes: Original (first report filed for this reporting period) Amendment (an amendment to a previously filed 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 or 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 from 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 from 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) Electioneerin Communication re ort individual or or anization's treasurer & chair erson must si n 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 re orts submitted for each reportin period and for the filer to date. CAMPAIGN TREASURER'S REPORT -ITEMIZED CONTRIBUTIONS (1) Name (2) I.D. Number (31 Cover Period / / through / / (4) Page of (5) Date ~~) Full Name (8) C9) X10) (~~) (12) (6) Sequence Number (Last, Suffix, First, Middle) Street Address & Cit ,State, Zi Code Contributor T e Occu ation Contribution T e In-kind Descri tion 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 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 amendments. For example, a Q1 report having 75 contributions would use sequence numbers 1 through 75. The next report (02), 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.) (9) Enter Contribution Type using one of the following codes: NOTE: Cash includes cash and cashier's checks. DESCRIPITION CODE Cash CAS Check CHE In-kind INK Interest INT Loan LOA Membership dues DUE Refund REF (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 identify 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 (5) Date (7) Full Name (8) Purpose (9) (10) (11) (s) Sequence Number (Last, Suffix, First, Middle) Street Address & City, State, Zip Code (add office sought if contribution to a candidate) Expenditure 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 periods.) (4) Type page numbers (e.g., 1 of 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 1 through 40. The next report (02), 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) '~ DIS Monetary I MON Petty Cash Withdrawn PCW Petty Cash Spent PCS Transfer to Office Account TOA Refund ~ 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 original 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.