HomeMy WebLinkAbout2013 City of Sebastian Candidate Handbook w/o Chapter 106
CITY OF SEBASTIAN
CANDIDATE HANDBOOK
NOVEMBER 5, 2013
GENERAL ELECTION
CITY OF SEBASTIAN
CANDIDATE HANDBOOK
NOVEMBER 5, 2013 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
State Law Information and Publications Information 1
General Election Information and List of Polling Places 2
Becoming A Candidate For Sebastian City Council 3
What Is A Candidate?
Who Can Be A Candidate?
When Can I Announce My Candidacy?
Election Calendar 4
Qualifying For Office 5 & 6
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 7
Political Advertising 8 & 9
List of Forms for Election Qualifying 10
City Charter 11
1
Information in This Handbook is Supplemental to State of Florida
Election Laws
We have provided the following publications in the handbook:
2012 Chapter 106 Florida Statutes
Florida Commission On Ethics “Guide To The Sunshine Amendment And Code
Of Ethics For Public Officers And Employees” Brochure
Other Florida Division of Elections publication links listed below can be downloaded
from the Internet:
2011/2012 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/2011/2012_Candidate_and_Campaign_Tr
easurer%20Handbook.pdf
Compilation of Election Laws
http://election.dos.state.fl.us/publications/pdf/2012/2012_Election_Laws.pdf
If you are unable to access the internet, these publications can be printed and provided
to you upon request.
---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
2
GENERAL ELECTION INFORMATION
Election day Is the first Tuesday following the first Monday in November (next
election is November 5, 2013) (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). At
the 2013 election we will fill three City Council seats.
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 9/6/13 so you
must have been a City resident as of 9/6/12)
City Council terms commence immediately prior to the first regularly scheduled
City Council meeting following certification of the election results (Charter 2.04)
(November 13, 2013 if results are received from County Canvassing Board)
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 13, 2013)
CITY OF SEBASTIAN POLLING PLACES:
Precinct Location
7 St. Sebastian Catholic Church, 13075 U.S. 1, Sebastian
8 American Legion Hall, 807 Louisiana Avenue, Sebastian
9 Sebastian Elks Lodge No. 2714, 731 South Fleming Street, Sebastian
10 Sebastian Christian Church, 190 Day Drive, Sebastian
*Polling Places are established by the Supervisor of Elections for Indian River County
and subject to change. Please contact the SOE office for questions in regard to voting,
voter registration, precincts, polling places, abstentee voting and early voting at 226-
3440 or visit www.voteindianriver.com. That office will not field questions regarding
running for office in Sebastian. Those questions should be directed to the City Clerk.
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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)
3. 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 In 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 currently 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 holds. This would not apply to municipal committees
for which there is no pay. (See FS 99.012 for further provision)
3. City Code states “No person shall serve on more than one city board or permanent committee
simultaneously.” Election to City Council would result in automatic removal from any City board
or permanent committee.
When May I Announce My Candidacy?
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 9/6/13)
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 Accept Any Campaign Contributions Or Make Any Campaign
Expenditures (Including Your Qualifying Fee). Your Campaign Bank Account Cannot Be
Opened Until You Have Filed This Form.
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 access to Chapter 106, Florida Statutes. A copy of Chapter 106 and
the DS-DE 84 form are included in this packet.
4. 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 9/6/12.
5. Potential candidates may wait until the official City qualifying period which runs from August 22,
2013 through September 6, 2013 to submit all forms and fees.
4
2013 ELECTION CALENDAR
April 10, 2013 Q1 Quarterly report due for anyone who pre-qualified prior to March 31, 2013
(reporting period 1/1/13 through 3/31/13)
July 10, 2013 Q2 Quarterly report due for anyone who pre-qualified prior to June 30, 2013
(reporting period 4/1/13 through 6/30/13)
July 26, 2013 1st General Election Advertisement (FS 100.021)
August 9, 2013 2nd General Election Advertisement (FS 100.021)
August 22, 2013 1st Day to Officially Qualify For Office (Ch 4.02)
1st Day Political Signs can be posted in accordance with LDC – (75 days prior)
September 6, 2013 Last Day to Officially Qualify For Office (Charter 4.02)
September 20, 2013 46th day G1 Campaign Treasurer’s Report Due by 5 pm (reporting period
from 1st day of qualifying through 9/13/13 – if you pre-qualified before the
end of June this reporting period starts on July 1st – if you pre-qualified
after July 1st and before the start of the regular qualifying period, your
reporting period starts on the day you pre-qualified - because this is a
City furlough day, reports can either be mailed with mailing receipt and
postmarked on or before midnight of 9/20/13 or hand delivered on or
before Thursday, September 19th )
October 4, 2013 32nd day G2 campaign Treasurer’s Report Due by 5 pm (FS 106.07)
(reporting period 9/13/13 through 9/27/13)
October 18, 2013 18th day G3 Campaign Treasurer’s Report Due by 5 pm (FS 106.07) –
(reporting period 9/28/13 through 10/11/13)
October 31, 2013 End of G4 Reporting Period – No contributions to be taken after midnight
November 1, 2013 4th Day G4 Campaign Treasurer’s Report Due by 5 pm (FS 106.07) –
(reporting period 10/12/13 through 10/31/13 – contributions to be taken only up
to midnight on 10/31/13 – FS 106.08)
November 5, 2013 ELECTION DAY (Charter 2.03)
November 13, 2013 Regular City Council Meeting – Swearing in of Newly Elected Officials if
Results Have Been Certified by City Canvassing Board
February 3, 2014 Surplus Funds Must Have Been Disposed/Final Report TR Due (FS 106.141)
Sun Mon
Tue
Wed Thu
Fri
Sat
August
1
3
2
4 5 6
7
8
9
2
nd
General Election Ad (FS 100.021) (1st was 7/26/13)
10
11 12 13
14
Regular Council Meeting 6:30 pm
15
16
17
18 19
Council Budget Workshop 6 pm
20
21
22
First Day to Qualify 75
23
Furlough Day City Hall Closed 74
24
73
25
72
26
71
27
70
28
Regular Council Meeting 6:30 pm 69
29
68
30
67
31
66
2013
Sun Mon
Tue
Wed Thu
Fri
Sat
1
65
2
Labor Day City Hall Closed 64
3
63
4
62
5
61
6
Last Day to Qualify 60
7
59
8
58
9
57
10
56
11
Regular Council Meeting 6:30 pm 55
12
54
13
End of G1 Reporting period 53
14
Start G2 Reporting Period 52
15
51
16
Special Council Meeting Budget Hearing 6 pm 50
17
49
18
48
19
Hand Delivery of G1 due today due to 9/20 furlough unless postmarked by midnight tonight 47
20
Furlough Day G1 Report Due By 4:30 pm 46
21
45
22
44
23
43
24
42
25CRA Budget 6 pm Regular Council Meeting 6:30 pm Final Budget Hearing 41
26
40
27
End of G2 Reporting Period 39
28
Start of G3 Reporting Period 38
29
37
30
36
2013
September
Sun Mon
Tue
Wed Thu
Fri
Sat
October
1
35
2
34
3
33
4
G2 Report Due By 4:30 pm 32
5
31
6
30
7
29
8
28
9
Regular Council Meeting 6:30 pm 27
10
26
11
End of G3 Reporting Period 25
12
Start of G4 Reporting Period 24
13
23
14
22
15
21
16
20
17
19
18
G3 Report Due By 4:30 pm 18
19
17
20
16
21
15
22
14
23
Regular Council Meeting 6:30 pm 13
24
12
25
11
26
10
27
9
28
8
29
7
30
31
End of G4 Reporting Period No Contributions After Midnight
6
5
2013
Sun Mon
Tue
Wed Thu
Fri
Sat
1
G4 Report Due By 4:30 pm 4
2
3
3
2
4
1
5
General Election 7 am to 7 pm in all polling places
6789
10 11 12
13
1
st Regular Meeting of New Council Swearing In Election of Mayor and Vice Mayor
14
15
16
17 18 19
20
21
22
23
24 25 26
27
Regular Council Meeting 6:30 pm
28
29
30
2013
November
5
Qualifying For Office
A. Who Is My Qualifying Officer?
Your qualifying officer is the City Clerk.
B. When And Where Do I File My Qualifying Papers?
When: Official Qualifying - Starting 8:00 A.M. on Thursday, August 22, 2013 (no
more than 75 days prior to election) and ending 4:30 P.M. on September
6, 2013 (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)
1. Appointment Of Campaign Treasurer And Designation Of Campaign
Depository (Form DS-DE9) (10/10) (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) (5/11) stating that you have been
provided access to read and understand 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) (5/11) (FS 99.021) (this
requires specific pronunciation of your name using established phonetic
guidelines on back of form and voter registration numbers. This assists the
Supervisor of Elections office with reading your name into audio assisted ballots
for the handicapped).
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 or during the regular qualifying period if you qualify then)
5. Financial Disclosure Form (CE Form 1) (FS 99.061(4) and 112.3145) (Some
committees of the City and City Council members have to file financial disclosure
forms, so if the SOE already has a 2012 financial disclosure form on file for you,
a copy of that form 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.
6
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 City filing fee is not refundable. Therefore, if a candidate
withdrew before September 6, 2013, only the election assessment fee would be refunded.
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CAMPAIGN REPORTING
Campaign Report due dates and reporting periods to be submitted on The 46th, 32nd 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 22, 2013 through September 6, 2013
in accordance with Charter 4.02 (b).
Reporting Period Report Due Date
Date you qualified through September 13, 2013 46th day report (G1) due September 20, 2013 by 5 pm*
September 14 through September 27, 2013 32nd day report (G2) due October 4, 2013 by 5 pm
September 28, 2013 through October 11, 2013 18th day report (G3) due October 18, 2013 by 5 pm
October 12 through October 31, 2013 4th day report (G4) due November 1, 2013 by 5 pm
November 1, 2013 through 90 days following election Termination Report (TR) due by February 3, 2014
* furlough day (City Hall closed) – report can me mailed with postmark and mailing receipt of due date
or hand-delivered by 9/19/113
Quarterly Reports Are Due On The 10th Of The Month Following Each Calendar Quarter For Those
Who Pre-Qualified (submitted DS-DE9) Appointment Of Campaign Treasurer And Designation
Of Campaign Depository Form And Opened Campaign Accounts Prior To July)
Examples of Quarterly Report Due Dates if you chose to Pre-qualify:
If you pre-qualify in January, February or March 2013 – you will owe a report on April 10, 2013
and July 10, 2013
If you pre-qualify in April, May or June 2013 - you will owe a report on July 10, 2013
If you pre-qualify in July or August before August 22, 2013 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. If City Hall is closed on a
reporting due date, this does not allow you to wait until the following Monday because the due date
is a Florida Statute requirement, not City.
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 SPECIFICS
OF FLORIDA LAW WHEN IT COMES TO CAMPAIGN FINANCING. FLORIDA LAW
PROVIDES FOR FINES AND PENALTIES FOR VIOLATIONS OF CAMPAIGN
FINANCING RESTRICTIONS.
8
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. It shall be unlawful for any person to post a political sign more
than seventy-five (75) 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 (5)
days after the election in which the candidate is eliminated or elected or the issue is
approved or disapproved.
E. Removal of Illegal Signs. The Code Enforcement Division shall order the immediate
removal of any political signs found posted within the City in violation of this section. If
9
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 a
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 REMOVE 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.
10
ELECTION QUALIFYING DOCUMENTS
The following are forms to be filled out and submitted during the official
qualifying period August 22nd through September 6th
Form DS-DE9 “Appointment Of Campaign Treasurer And Designation Of
Campaign Depository For Candidates” (10/10)
Form DS-DE 25 “Candidate Oath Non-Partisan Office ” (5/11)
Form DS-DE 84 “Statement Of Candidate” (5/11) (Received access to Chapter 106
FS) (Must be filed within 10 days of candidate filing appointment of campaign treasurer
and designation of campaign depository [106.023 FS] - See form DS-DE9 above)
Eligibility To Hold Office Oath Form (Section 2.02 Charter) (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)
Form DS-DE 87 – “Waiver of Report” – if you do not have activity in a reporting period
you can simply file this form – but you next full report will include all information dating
back to the last full report
Form DS-DE 2 – “Contributions Returned” – in the event someone gives you a
contribution you do not wish to keep and return prior to depositing you need to fill out this
form and submit it for the reporting period in which it occurred.
The following are forms to be filled out and submitted if you choose to pre-
qualify before the official qualifying period
Form DS-DE9 “Appointment Of Campaign Treasurer And Designation Of
Campaign Depository For Candidates”
Form DS-DE 84 “Statement Of Candidate” (Received access to Chapter 106 FS)
(Must be filed within 10 days of candidate filing appointment of campaign treasurer and
designation of campaign depository [106.023 FS] - See form DS-DE9 above)
Eligibility To Hold Office Oath Form (Section 2.02 Charter) (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 6, 2013)
Remaining forms are submitted during the official qualifying period along with qualifying fees.
11
CITY OF SEBASTIAN
CHARTER
PART I CHARTER*
__________
*Editor's note: Printed herein is the Home Rule Charter of the City of Sebastian adopted by
Ordinance Number O-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 and are indicated by a history note immediately following the
amended section.
State law references: Municipal Home Rule Powers Act, F.S. ch. 166; Charter amendments,
F.S. § 166.031.
__________
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. Term Commencement.
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. 2.15. Authentication and recording; codification; printing.
Sec. 2.16. Standing committees.
Article III. Administration and Legal Departments
Division 1. Generally
Sec. 3.01. Creation.
Sec. 3.02. Appointment [of Charter officers].
Sec. 3.03. Removal [of Charter officers].
Sec. 3.04. City manager; powers and duties.
Sec. 3.05. City clerk.
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.
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Article IV. Elections
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. 4.05. Reserved.
Sec. 4.06. Election precincts and polling places; city to designate.
Sec. 4.07. Reserved.
Sec. 4.08. Same--Canvass of returns; certificates of election.
Sec. 4.09. Same--Ballots.
Sec. 4.10. Reserved.
Sec. 4.11. Reserved.
Sec. 4.12. Reserved.
Sec. 4.13. Conduct of candidates for election office.
Sec. 4.14. Interim government.
Article V. General Provisions
Sec. 5.01. Severability of provisions.
Sec. 5.02. Effective date.
Sec. 5.03. Charter review committee.
Article VI. 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. 6.05. Continuation of former charter provisions.
ARTICLE I. CREATION AND POWERS*
__________
*State law references: Home rule powers generally, F.S. § 166.021.
__________
Sec. 1.01. Creation and powers.
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 exercise 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 extraterritorial
powers heretofore granted by the prior Charter of the City of Sebastian, Florida, as follows:
(1) Acquisition of property. To acquire by purchase, gift, devise, condemnation, lease or
otherwise, real or personal property or any estate 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 illuminating and heating purposes, and
3
electric power for illuminating, heating and other purposes; the location of waterworks and sites
for public utility works; the establishment of 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, promenades; 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. To 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.
(3) Use of public lands and waters. To 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. To 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, extend, maintain, operate or lease any public utilities, electric
light system, telephone and telegraph system, waterworks and plants, ice plants, and works, gas
plants and distribution systems, bus or transit systems, radio broadcasting stations, television
stations, cablevision rebroadcasting systems, telephone systems, or other public utility; to
establish, impose and enforce rates and charges for supplying such services or conveniences
by the city to any person, persons, firm or corporation; to furnish any and all local public services
to persons, firms, industries, or municipal corporations residing or located outside of the limits of
said city. To acquire in any lawful manner in the State of Florida such water, lands and lands
under water as the city council may deem necessary for the purpose of providing an adequate
water supply for said city and the piping and conducting of the same, to make reasonable rules
and regulations for promoting the purity of its said water supply and protecting the same from
pollution and for this purpose to exercise full police powers over all lands comprised within the
limits of the water shed tributary to any such supply wherever such lands may be located in the
State of Florida.
(5) Abatement of nuisances. To compel the abatement and removal of all nuisances within the
city or upon the property owned 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) Stock. To provide for inspecting and regulating the sanitary condition of all butcher pens,
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.
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(7) Airports. To purchase, acquire, take hold, establish, construct, equip, maintain and operate
municipal airports, landing fields, hangars, aviation terminals and administration 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 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 persons 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. To enter into contracts with the State of
Florida or any of its 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) To convey to United States or State of Florida. To 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, granting 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. To 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.
(11) Eminent domain. To exercise the right and power of eminent domain, 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 overflowed, 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,
5
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 municipal purpose and for any other purpose granted by law, all of which shall be
coextensive with the powers of the City of Sebastian exercising the right of eminent domain and
the absolute fee simple title to all property so taken and acquired shall vest in said city unless
the city seeks to condemn a particular right or estate in such property. That the procedure for the
exercise of eminent domain or the condemnation of any lands or property under this subsection
shall be the same as is provided 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 in the properties acquired to a private party in pursuit of economic
development.
State law references: Municipal home rule powers, F.S. ch. 166.
Sec. 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 in cooperation, by contract or otherwise with any city, county, state,
the United States or any agency or governmental unit thereof.
State law references: 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 references: Municipal annexation or construction, F.S. ch. 171.
Sec. 1.05. Existing businesses may continue after annexation.
Any real property upon which a 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
Sec. 2.01. Composition.
There shall be a city council consisting of five (5) council members elected by the
qualified voters of the city at large.
Sec. 2.02. Eligibility.
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.
Sec. 2.03. Election.
(a) [T]here 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.
Sec. 2.04. Term Commencement.
Swearing In. The terms of newly elected council members shall commence when they
are sworn in immediately prior to the first regularly scheduled city council meeting held following
certification of the election results.
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Sec. 2.05. 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 ($450);
(2) Vice-mayor: Three hundred dollars ($300); and
(3) Council members: Three hundred dollars ($300).
Sec. 2.06. Mayor; vice-mayor.
(a) Mayor--Selection and term. [A]fter the seating of any newly elected council members at the
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 nominations 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 member that receives a
majority vote shall be elected mayor. In 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 office of mayor.
(1) If there is no mayor seated on the new or existing 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, the
city council shall elect a vice-mayor from among its members. The term 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 mayor, the vice-mayor shall
serve as mayor during such absence or disability. In the absence or disability of both the mayor
and vice-mayor, the senior member of city council shall serve as mayor 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 the 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 next council meeting.
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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 exercise thereof and for the
performance of all duties and obligations imposed on the city by law.
(Ord. No. O-91-29, § 1, 1-8-92)
Sec. 2.08. Vacancies; forfeiture of office; filling of vacancies.
(a) Vacancies. The office of council member or the mayor shall become vacant upon his/her
death, resignation, removal from office in any manner authorized by law or forfeiture 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) Is convicted of a crime involving moral turpitude; or
(4) Fails to attend three (3) consecutive regular meetings of the city council without
being excused by the city council.
(c) Filling Vacancies. Any vacancy in the office of council member shall be filled in
accordance with the provisions of this subsection:
(1) If there is a scheduled citywide election within six months of the occurrence of the
vacancy, the remaining members of the city council may either (A) permit the vacancy to be
filled at that election, or (B) appoint a replacement.
(2) If there is no scheduled citywide election within six months of the occurrence of the
vacancy, the remaining members of the city council shall appoint a replacement within forty-five
days.
In the event the city council fills a vacancy by appointment, the person chosen to fill the office
shall at the time of appointment meet the qualifications for a member of the city council. An
appointed city council member shall serve only until the next citywide election. If the vacancy
has occurred in the term of a city council member that extends beyond the next citywide
election, the remainder of the unexpired term shall be filled at that election, and the candidate
shall run specifically for that seat on the city council.
(d) Filling Vacancies in Candidacy. In the event that following the close of the official
qualifying period set out in Charter Section 4.02 (b), the number of legally qualified candidates is
fewer than the number of seats open for election, the new city council shall fill the vacancy in
office in the same manner described above in paragraph (c) of this Section.
Sec. 2.09. Judge of qualifications.
The Florida Division of Elections, the Florida Elections Commission (or successor state
agencies) or the courts shall determine issues relating to the election and qualifications
of city council members and of the grounds for forfeiture of their office.
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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 any 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 orders to a charter
officer. The city council or its members shall implement all policy matters through the appropriate
charter officer.
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.
Sec. 2.12. Procedure.
(a) Meetings. The city council shall meet regularly at least once a month at such times and
places as the city council may prescribe by resolution. Special meetings of the city council may
be held on the call of the mayor or any council member. There shall be at least twenty-four (24)
hours advance notice of any special council meeting called and said meetings shall only be held
after 5 p.m. If a public emergency exists any council member or charter officer may call a special
meeting, and the 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.
(c) Voting. 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.
Sec. 2.13. Emergency ordinances.
To meet a public emergency affecting life, health, property 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 extend a franchise, regulate the rate charged by any public utility for its
services or authorize the borrowing of money except an emergency appropriation. An
emergency ordinance shall be introduced in the form and manner prescribed for ordinances
generally, except that it shall be plainly designated as an emergency ordinance and shall
contain, after the enacting clause, a declaration stating that an emergency exists and 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
9
be repealed by adoption of a repealing ordinance in the same manner specified in this section
for adoption of emergency ordinances.
State law references: Uniform minimum 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
(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.
Sec. 2.15. Authentication and recording; codification; printing.
(a) Authentication and recording. The city clerk shall authenticate by such clerk's signature and
record in full in a properly indexed book kept for such purpose all ordinances and resolutions
adopted by the city council.
(b) Codification. 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 fixed 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 fixed by the city council. Following
publication of the first Sebastian City Code and at all times thereafter, the ordinances,
resolutions and 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.
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.
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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.
Sec. 3.02. 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.
Sec. 3.03. Removal of Charter officers.
(a) Any Charter officer may be removed from office for cause, or without cause pursuant to the
terms of an employment agreement, by a majority vote of the entire city council.
(b) In the event that one or more council members believes that cause exists for the removal of
a Charter officer, such council members shall present written charges to the entire city council at
a regularly scheduled meeting for discussion. The city council may, by a vote at least three (3)
council members that said charge would, if proved, constitute a violation and that a reasonable
basis exists for believing the violation occurred, formally charge the named Charter officer with
misconduct and immediately suspend such Charter officer form office. Notice of the suspension
and the specific charges of misconduct shall be served upon the affected Charter officer in
person or by certified or registered mail, return receipt requested, to the last known address of
the affected Charter officer. The suspended Charter officer shall have the right to a hearing
before the city council upon request. The suspended Charter officer shall be given a reasonable
period of time in order to prepare for such hearing. At the conclusion of the hearing, the
suspended Charter officer shall be removed if the city council finds, by a vote of at least three (3)
council members that cause exists to support such removal. In the event that at least three (3)
council members do not find that cause exists for removal, the suspended Charter officer shall
be immediately reinstated to his or her Charter office.
Sec. 3.04. City manager; powers and duties.
(a) The city manager shall be the chief administrative officer of the city.
(b) The city manager, when necessary, shall appoint, suspend, demote, or dismiss any city
employee under his 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 not vote.
(d) The city manager shall see that all laws, Charter provisions, ordinances, resolutions, and
other acts of the city council subject to enforcement by the city manager are faithfully executed.
(e) The city manager shall also prepare and submit the annual budget, budget message, and
capital program to the city council and shall keep the city council fully advised as to the financial
11
condition and future needs of the 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, millage rate and capital program, as presented or as modified, by resolution.
(f) The city manager shall designate a qualified city employee to exercise the powers and
perform the duties of city manager during any temporary absence or disability of the city
manager. The city council may revoke such designation at any time and appoint another eligible
person, other than a sitting council member, to serve as acting city manager.
(g) The city manager, as authorized by the city Charter, the Sebastian Code of Ordinances, or
by the direction of the city council, shall sign all contracts, bonds, debentures, franchises and
official documents on behalf of the city, which shall also be attested by the city clerk.
Sec. 3.05. 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.
DIVISION 2. POLICE DEPARTMENT
Sec. 3.06. Police department.
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.
Sec. 3.07 Reserved.
Sec. 3.08. Reserved.
DIVISION 3. LEGAL
Sec. 3.09. 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.
ARTICLE IV. ELECTIONS*
__________
*State law references: Electors and elections, F.S. ch. 97 et seq.
__________
Sec. 4.01. Adoption of state election laws.
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All general 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.
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 shall
be furnished 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 (75) 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.
Sec. 4.03. Reserved.
Sec. 4.04. Special election for other purposes.
A special 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, may be submitted and voted upon at the regular
municipal election.
Sec. 4.05. Reserved.
Sec. 4.06. Reserved.
Sec. 4.07. Reserved.
Sec. 4.08. 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 (1) 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 chairperson 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 chairperson, 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.
Sec. 4.09. Same--Ballots.
The ballots shall conform to the form of ballots prescribed by the general election laws of
the State of Florida.
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Sec. 4.10. Reserved.
Sec. 4.11. Reserved.
Sec. 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.
(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.
Sec. 4.13. Reserved
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 the vacancies until successors are elected,
and such city council so 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.
State law references: Emergency continuity of government, F.S. ch. 22.
ARTICLE V. GENERAL PROVISIONS
Sec. 5.01. 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.
Sec. 5.02. Effective date.
This Charter shall take effect January 1, 1979.
Sec. 5.03. Charter review committee.
Not later than April 15 of the year 1999 and of every 5th year thereafter, the city council
shall appoint a charter review committee to review the Charter of the city. Each charter review
committee shall consist of fifteen (15) residents of the city. The committee shall otherwise be
appointed in the manner provided by the Code of Ordinances. The committee shall be funded by
the city council and shall be known as the "City of Sebastian Charter Review Committee." It
shall, within six (6) months from the date of its formation, present to the city council its final
recommendation for amendment of the Charter or its recommendation that no amendment is
appropriate. If amendment is to be recommended, the charter review committee shall conduct
two (2) public hearings, at intervals of not less than fourteen (14) days, prior to the transmittal of
its recommendations to the city council. The city council may by ordinance submit any or all of
14
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.
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, choses in action, penalties, decrees and all property
rights held or owned by the City of Sebastian, shall succeed to and be vested in the City of
Sebastian, a municipal corporation created, existing and organized under the provisions of this
Charter.
Secs. 6.02, 6.03. Reserved.
Editor's note: Ord. No. O-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. 6.05. 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 manner as other ordinances of the city.
APPOINTMENT OF CAMPAIGN TREASURER
AND DESIGNATION OF CAMPAIGN
DEPOSITORY FOR CANDIDATES
(Section 106.021(1), F.S.)
(PLEASE PRINT OR TYPE)
NOTE: This form must be on file with the qualifying
officer before opening the campaign account. OFFICE USE ONLY
1. CHECK APPROPRIATE BOX(ES):
Initial Filing of Form Re-filing to Change: Treasurer/Deputy Depository Office
Party
2. Name of Candidate (in this order: First, Middle, Last)
3. Address (include post office box or street, city, state, zip
code)
4. Telephone
( )
5. E-mail address
6. Office sought (include district, circuit, group number)
7. If a candidate for a nonpartisan office, check if
applicable:
My intent is to run as a Write-In candidate.
8. If a candidate for a partisan office, check block and fill in name of party as applicable: My intent is to run as a
Write-In No Party Affiliation _________________________________________ Party candidate.
9. I have appointed the following person to act as my Campaign Treasurer Deputy Treasurer
10. Name of Treasurer or Deputy Treasurer
11. Mailing Address 12. Telephone
( )
13. City 14. County 15. State 16. Zip Code 17. E-mail address
18. I have designated the following bank as my Primary Depository Secondary Depository
19. Name of Bank 20. Address
21. City 22. County 23. State 24. Zip Code
UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE READ THE FOREGOING FORM FOR APPOINTMENT OF CAMPAIGN TREASURER AND
DESIGNATION OF CAMPAIGN DEPOSITORY AND THAT THE FACTS STATED IN IT ARE TRUE.
25. Date 26. Signature of Candidate
X
27. Treasurer’s Acceptance of Appointment (fill in the blanks and check the appropriate block)
I,
, do hereby accept the appointment
(Please Print or Type Name)
designated above as: Campaign Treasurer Deputy Treasurer.
X
Date Signature of Campaign Treasurer or Deputy Treasurer
DS-DE 9 (Rev. 10/10) Rule 1S-2.0001, F.A.C.
DS-DE 25 (Rev. 5/11) Rule 1S-2.0001, F.A.C.
CANDIDATE OATH –
NONPARTISAN OFFICE
(Not for use by Judicial or
School Board Candidates)
OFFICE USE ONLY
OATH OF CANDIDATE
(Section 99.021, Florida Statutes)
I,
(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 nonpartisan office of , ,
(office) (district #) (district #)
, ; I am a qualified elector of County, Florida;
(circuit #) (group or seat #)
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; and I will support the Constitution of the United States and the Constitution of the
State of Florida.
X ( )
Signature of Candidate Telephone Number Email Address
Address City State ZIP Code
Candidate’s Florida Voter Registration Number (located on your voter information card): ________________________
* Please print name phonetically on the line below as you wish it to be pronounced on the audio ballot for persons
with disabilities (see instructions on page 2 of this form):
__________________________________________________________________________________
STATE OF FLORIDA
COUNTY OF ________________
Sworn to (or affirmed) and subscribed before me this _______ day of ___________________, 20_____.
Personally Known: __________ or
Produced Identification: ________
Type of Identification Produced: _______________________________
_______________________________________________
Signature of Notary Public
Print, Type, or Stamp Commissioned Name of Notary Public
INSTRUCTIONS: INSERTING PHONETIC SPELLING OF CANDIDATE’S NAME FOR AUDIO
BALLOT
Use the PRONUNCIATION KEY below to provide pronunciations for ambiguous first names and surnames.
Capitalize STRESSED syllables, use lower case for unstressed syllables. Use dashes (-) to separate syllables.
You should also add any notes such as rhyming examples, silent letters, etc.
Samples:
PRONUNCIATION KEY
Stressed Vowel Sounds
EE (FEET) feet
I (FIT) fit
E (BED) bed
A (KAT) cat (KAD) cad
AH (FAH-thur) father
(PAHR) par
AH (HAHT) hot (TAH-
dee) toddy
UH (FUHJ) fudge
(FLUHD) flood
UH (CHUHRCH) church
AW (FAWN) fawn
U (FUL) full
OO (FOOD) food
OU (FOUND) found
O (FO) foe
EI (FEIT) fight
AI (FAIT) fate
OI (FOIL) foil
YOO (FYOOR-ee-uhs)
furious
Unstressed Vowel Sounds
uh (SO-fuh) sofa (FING-
guhr) finger
Certain Vowel Sounds with R
AHR (PAHR) par
ER (PER) pair
IR (PIR) peer
OR (POR) pour
OOR (POOR) poor
UHR (PUHR) purr
Consonant Sounds
B (BED) bed TS (ITS) its (PITS-feeld) Pittsfield
D (DET) debt TH (THEI) Thigh
F (FED) fed TH (THEI) Thy
G (GET) get ZH (A-zhuhr) azure (VI-zhuhn) vision
H (HED) head Z (GOODZ) goods (HUH-buhz-tuhn) Hubbardston
HW (HWICH) which
J (JUHG) jug
K (KAD) cad
L (LAIM) lame
M (MAT) mat
N (NET) net
NG (SING-uhr) singer
P (PET) pet
R (RED) red
S (SET) set
T (TEN) ten
V (VET) vet
Y (YET) yet
W (WICH) witch
CH (CHUCRCH) church
SH (SHEEP) sheep
NOTE: This page should not be submitted to the filing officer.
Page 2, DS-DE 25 (Rev. 5/11) Rule 1S-2.0001, F.A.C.
NAME ON BALLOT PRONOUNCED AS
Mishaud mee-SHO (‘d’ is silent)
Jahn HAHN (rhyme: fawn)
Beauprez boo-PRAI (rhyme: hooray)
Maniscalco man-uh-SKAL-ko
Tangipahoa TAN-ji-pah-HO-uh
Monte Mahn-TAI
Tanya TAWN-yuh (not TAN)
STATEMENT OF
CANDIDATE
(Section 106.023, F.S.)
(Please print or type)
OFFICE USE ONLY
I, ,
candidate for the office of ;
have been provided access to 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 $1,000, (ss. 106.19(1)(c), 106.265(1), Florida
Statutes).
DS-DE 84 (05/11)
ELIGIBILITY TO HOLD OFFICE
OF COUNCILMEMBER
Charter Section 2.02 - ELIGIBILITY
“No person shall be eligible to hold the office of council member
unless he or she is a qualified elector* in said city and actually
continually resided in said city for a period of one (1) year
immediately preceding the final date for qualification as a
candidate for said office.”
I, _____________________________________, candidate for the office
of Council Member, meet the eligibility qualifications to hold office as
required in Section 2.02 of the City of Sebastian Charter, above.
_________________________________
Signature of Candidate
Sworn to and subscribed before me this ______ day of ________________,
2013.
_______________________
Notary Public
State of Florida
SEAL
*166.032 Electors.--Any person who is a resident of a municipality, who has qualified as an elector of this
state, and who registers in the manner prescribed by general law and ordinance of the municipality shall be a
qualified elector of the municipality.
Ms-word/election/charter eligibility
FLORIDA DEPARTMENT OF STATE DIVISION OF ELECTIONS
CAMPAIGN TREASURER'S REPORT SUMMARY
(1)
Name
(2)
Address (number and street)
City, State, Zip Code
OFFICE USE ONLY
CHECK IF ADDRESS HAS CHANGED(3)ID Number:
(4)Check appropriate box(es):
Candidate (office sought):
Political Committee CHECK IF PC HAS DISBANDED
Committee of Continuous Existence CHECK IF CCE HAS DISBANDED
Party Executive Committee
Electioneering Communication CHECK IF NO OTHER ELECTIONEERING
COMMUNICATION REPORTS WILL BE FILED
(5) REPORT IDENTIFIERS
Cover Period:From//To//Report Type
Original Amendment Special Election Report Independent Expenditure Report
(6)CONTRIBUTIONS THIS REPORT(7)EXPENDITURES THIS REPORT
Monetary
Cash & Checks$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,
correct, and complete.
I certify that I have examined this report and it is true,
correct, and complete.
(Type name)(Type name)
Individual (only for
electioneering commun.)
Treasurer Deputy Treasurer Candidate Chairperson (only for PC, PTY &
electioneering commun. organization)
XX
SignatureSignature
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 ReportsGeneral Election Reports
January Quarterly...........................................................Q446th Day Prior.................................................................G1
April Quarterly................................................................Q132nd Day Prior................................................................G2
July Quarterly.................................................................Q218th Day Prior.................................................................G3
October Quarterly...........................................................Q34th Day Prior...................................................................G4
Primary Reports
32nd Day Prior..................................................................F190-Day Termination Reports (Candidates Only)
18th Day Prior..................................................................F2Termination Report........................................................TR
4th Day 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)
Electioneering Communication report (individual or organization’s treasurer & chairperson must sign)
AMENDMENT REPORTS: An amendment report summary should summarize only contributions, expenditures,
distributions, & fund transfers being reported as additions or deletions. Read the instructions for the sequence
number & amendment type fields on the back of forms DS-DE 13, 14, 14A and 94. The Division will summarize all
reports submitted for each reporting period and for the filer to date.
CAMPAIGN TREASURER’S REPORT – ITEMIZED CONTRIBUTIONS
(1) Name (2) I.D. Number
(3) Cover Period / / through / / (4) Page of
(5) (7) (8) (9) (10) (11) (12)
Date Full Name
(6) (Last, Suffix, First, Middle)
Sequence Street Address & Contributor Contribution In-kind
Number City, State, Zip Code Type Occupation Type Description Amendment Amount
/ /
/ /
/ /
/ /
/ /
/ /
/ /
/ /
DS-DE 13 (Rev. 08/03) SEE REVERSE FOR INSTRUCTIONS AND CODE VALUES
INSTRUCTIONS FOR CAMPAIGN TREASURER’S REPORT – ITEMIZED CONTRIBUTIONS
(1) Type candidate’s full name or name of the political committee (PC), committee of continuous existence (CCE) or
party executive committee (PTY).
(2) Type the identification number assigned by the Division of Elections.
(3) Type cover period dates (e.g., 7/1/03 through 9/30/03 ). (See Calendar and Election Dates for appropriate year
and cover periods.)
(4) Type page numbers (e.g., 1 of 3 ).
(5) Type date contribution was RECEIVED (Month/Day/Year).
(6) Sequence Number – Each detail line shall have a sequence number assigned to it. Sequence numbers are to be
assigned within each reporting period and for each type of detail line. Thus the report type, detail line type, and
sequence number will combine to uniquely 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
(Q2), comprised of 40 contributions would use sequence numbers 1 through 40. Contributions on amended Q1
reports would begin with sequence number 76 and on amended Q2 reports would begin with sequence number
41. See the Amendment Type instructions below.
(7) Type full name and address of contributor (including city, state and zip code).
(8) Enter the type of contributor using one of the following codes:
Individual = I
Business = B (also includes corporations, organizations, groups, etc.)
Committees = C (includes PC’s, CCE’s and federal committees)
Political Parties = P (includes federal, state ad county executive committees)
Other = O (e.g., candidate surplus funds to party, etc.)
Type occupation of contributor for contributions over $100 only. (If a business, please indicate nature of
business.)
(9) Enter Contribution Type using one of the following codes: DESCRIPITION CODE
NOTE: Cash includes cash and cashier’s checks. 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
DS-DE 14 (Rev. 08/03)
(1) Name ______________________________________________________
(3) Cover Period ______/______/______ through ______/______/______
(2) I.D. Number _____________________
(4) Page ____________ of _____________
Full Name
(Last, Suffix, First, Middle)
Street Address &
City, State, Zip Code
(5)
Date Purpose
(add office sought if
contribution to a
candidate)Amount
SEE REVERSE FOR INSTRUCTIONS AND CODE VALUES
Expenditure
Type Amendment
(6)
Sequence
Number
(7)(8)(9)(10)(11)
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
(Q2), comprised of 30 expenditures would use sequence numbers 1 through 30. Expenditures on amended Q1
reports would begin with sequence number 41 and on amended Q2 reports would begin with sequence number 31.
See Amendment Type instructions below.
(7) Type full name and address of entity receiving payment (including city, state and zip code).
(8) Type purpose of expenditure (if expenditure is a contribution to a candidate, also type the office sought by the
candidate). PLEASE NOTE: This column does not apply to candidate expenditures, as candidates cannot
contribute to other candidates from campaign funds. However, PCs (supporting candidates), CCEs and party
executive committees contributing to candidates must report office sought (Section 106.07, F.S.).
(9) Enter Expenditure Type using one of the following codes:
DESCRIPTIONCODE
Disposition of Funds (Candidate)DIS
MonetaryMON
Petty Cash WithdrawnPCW
Petty Cash SpentPCS
Transfer to Office AccountTOA
RefundREF
(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.
WAIVER OF REPORT
(Section 106.07(7), F.S.)
(PLEASE TYPE)
OFFICE USE ONLY
Name Office Sought
Address City State Zip Code
Candidate Committee of Continuous
Existence
Electioneering Communication Organization
Political Committee Party Executive Committee
Check box if address has changed since last report. Check here if PC, CCE, or ECO has DISBANDED
and will no longer file reports.
TYPE OF REPORT (Check Appropriate Box)
QUARTERLY REPORTS PRIMARY ELECTION GENERAL ELECTION
January 32nd day prior 46th day prior
April 18th day prior 32nd day prior
July 4th day prior 18th day prior TERMINATION REPORT
October 4th day prior SPECIAL ELECTION
NOTIFICATION OF NO ACTIVITY IN CAMPAIGN ACCOUNT FOR THE REPORTING PERIOD OF
THROUGH
X
Signature Date
SIGNATURES REQUIRED FOR: Candidates
Candidate, Campaign Treasurer or Deputy Treasurer (s. 106.07(5), F.S.)
Political Committees
Chairman, Campaign Treasurer or Deputy Treasurer (s. 106.07(5), F.S.)
Committees of Continuous Existence and Electioneering Communication Organizations
Treasurer (s. 106.04(4)(c), F.S.)
Party Executive Committees
Treasurer or Chairman (s. 106.29(2), F.S.)
In any reporting period when there has been no activity in the account (no funds expended or received) the filing of the
required report is waived. However, the filing officer must be notified in writing on the prescribed reporting date that no report
is being filed.
DS-DE 87 (Rev. 07/10)
CONTRIBUTIONS RETURNED
(Section 106.07(4)(b), F.S.)
(PLEASE TYPE)
OFFICE USE ONLY
This report applies only to contributions received by any candidate, committee, or organization but returned
to the contributor before being deposited in the campaign account.
Candidate Committee or Organization
Full Name:
Full Address:
Full Name and Address of Contributor: Full Name and Address of Contributor:
Amount of Contribution: $ Amount of Contribution: $
Date Received: Date Received:
Date Returned: Date Returned:
Full Name and Address of Contributor: Full Name and Address of Contributor:
Amount of Contribution: $ Amount of Contribution: $
Date Received: Date Received:
Date Returned: Date Returned:
I CERTIFY THAT I HAVE EXAMINED THIS REPORT AND IT IS TRUE, CORRECT AND COMPLETE.
Type or Print Name of Candidate, Treasurer or Chairman
X
Signature
DS-DE 2 (Rev. 07/10)