§ 2.2. Legislative branch.

A.

The county commission. The governing body of the county shall be a board of county commissioners composed of five (5) members serving staggered terms of four (4) years. There shall be one (1) commissioner for each of the five (5) county commissioner districts established pursuant to general law, and they shall be elected on a county-wide basis by the electors of the county. Each candidate for the office of commissioner shall reside within the district from which such candidate seeks election for at least six (6) months immediately prior to the time of qualifying to run for that office , and during the term of office for each commissioner shall reside in the district from which such commissioner ran for office, provided that any commissioner who is removed from the district by redistricting may continue to serve during the balance of the term of office, and providing further that any such commissioner who shall be temporarily removed from the district from which commissioner ran for office by reason of calamity or natural disaster shall be deemed to be residing in such district, provided, within six (6) months, such commissioner demonstrates their intention to return to said district. However, any commissioner who shall remove his or her residency from the district for which he or she is elected other than by reason of redistricting, or temporarily by reason of calamity or natural disaster without the intent to return, shall thereupon become disqualified to represent said district and the office of any such commissioner shall be deemed vacant.

B.

Redistricting. Commissioner districts shall be changed only after notice and a public hearing.

C.

Salaries and other compensation. Salaries and other compensation of the county commissioners shall be the same as those set by general law for the county commissioners of noncharter counties.

D.

Authority. The board of county commissioners shall exercise all legislative authority provided by this home rule charter and shall have all powers of local self-government not inconsistent with general law or special law approved by vote of the electors. The adoption of all ordinances shall require the affirmative vote of a majority of the total membership of the board of county commissioners. In addition to its other powers and duties, the board of county commissioners shall conduct an annual review of all operations of the county, including all programs and services provided, with input from the public, prior to April first of each year, and take action as a result of this review for improvement of the county and the welfare of its residents.

E.

Vacancies. A vacancy in the office of county commissioners shall be defined and filled as provided by general law and the Florida Constitution.

F.

Recall. The members of the board of county commissioners shall be subject to recall as provided by general law.

G.

Initiative.

(1)

The people of Charlotte County shall have the right to initiate county ordinances in order to establish new ordinances and to amend or repeal existing ordinances upon petition by a number of electors equal to ten (10) percent of the number of electors qualified to vote in the county as a whole in the last preceding general election.

(2)

The sponsor of an initiative ordinance shall, prior to obtaining any signatures, submit the text of the proposed ordinance to the supervisor of elections, with the form on which signatures will be affixed, and shall obtain the approval of the supervisor of elections of such form. The style and requirements of such form shall be specified by ordinance. The beginning date of any petition drive shall commence upon the date of approval by the supervisor or (of) elections of the form on which signatures will be affixed, and said drive shall terminate six (6) months after that date. In the event sufficient signatures are not acquired during that six-month period, the petition drive shall be rendered null and avoid and none of the signatures may be carried over onto another identical or similar petition. The sponsor shall submit signed and dated forms to the supervisor of elections[,] who shall within thirty (30) days verify the signatures thereon.

(3)

Within sixty (60) days after the requisite number of names have been verified by the supervisor of elections and reported to the county commission, the county commission shall notice and hold a public hearing on the proposed ordinance according to law and vote on it. If the county commission fails to adopt the proposed ordinance, it shall, by resolution, call a referendum on the question of the adoption of the proposed ordinance to be held at the next general election occurring at least forty-five (45) days after the adoption of such resolution. If the question of the adoption of the proposed ordinance is approved by a majority of those registered electors voting on the question, the proposed ordinance shall be declared by resolution of the county commission to be enacted and shall become effective on the date specified in the ordinance, or, if not so specified, on January 1 of the succeeding year. The county commission shall not amend or repeal an ordinance adopted by initiative for a period of one (1) year after the effective date of such ordinance.

(4)

The right to initiate county ordinances shall not include ordinances establishing, amending or repealing the county budget, existing debt obligations, or the re-zoning of an individual parcel of land.

H.

Municipal service taxing or benefit units. The board of county commissioners shall, upon the petition of thirty (30) or more electors residing within a municipal service taxing unit (MSTU) or municipal service benefit unit (MSBU), establish by ordinance an appointed board of advisors to consist of five (5) qualified resident electors of such MSTU or MSBU. The ordinance shall provide the terms of the board of advisors and for the responsibilities of the board of advisors to request such services and facilities as deemed necessary to serve the residents of the MSTU or MSBU. The board of county commissioners may abolish a board of advisors by ordinance after a public hearing, and, upon abolition of the board of advisors, no new petition for the creation of a board of advisors, shall be considered for a period of two (2) years.

I.

Economic impact estimates for ordinances.

(1)

An economic impact estimate shall be prepared for each proposed county ordinance, except as otherwise provided herein.

(2)

An economic impact estimate shall include:

(a)

An estimate of the cost to county government of the implementation of the proposed ordinance, including the estimated amount of paperwork;

(b)

An estimate of the cost and economic benefit to all persons directly affected by the proposed ordinance; and

(c)

A detailed statement of the data and methods used in making the above estimates.

(3)

As part of the required published notice of intent by the board of county commissioners to consider adoption of a proposed county ordinance subject to this subsection I, notice shall be given of the location where the economic impact estimate can be inspected during normal business hours beginning no later than the day on which the required notice is published.

(4)

This subsection I shall not apply to the following ordinances:

(a)

Emergency ordinances;

(b)

Initiative ordinances;

(c)

Ordinances adopting a budget;

(d)

Ordinances rezoning real property;

(e)

Ordinances amending the future land use map of the comprehensive plan.

(5)

Inadequacy or inaccuracy of an economic impact estimate shall not be grounds for invalidation of a county ordinance.

J.

Debt policy. The county commission shall adopt and review annually, prior to April first of each year, a debt policy to guide the issuance and management of debt. The debt policy shall be integrated with other financial policies, operating and capital budgets. Adherence to a debt policy helps ensure that debt is issued and managed prudently in order to maintain a sound fiscal position and protect credit quality. Elements to be addressed in the debt policy shall include:

(1)

The purposes for which debt may be issued.

(2)

Legal debt limitations, or limitations established by policy (maximum amount of debt that should be outstanding at one time).

(3)

The types of debt permitted to be issued and criteria for issuance of various types of debt.

(4)

Structural features of debt (maturity, debt service structure).

(5)

Credit objectives.

(6)

Placement methods and procedures.

K.

Reserve policy. The county commission shall adopt and review annually, prior to April first of each year, a reserve (stabilization funds) policy to maintain a reasonable level of financial resources to protect against reducing service levels or raising taxes and fees because of temporary revenue shortfalls or unpredicted one (1) time expenditures and cost shifts. Elements to be addressed in the reserve policy shall include:

(1)

Guidelines for the use of reserve funds.

(2)

The level of funding (minimum and maximums) for reserve funds and the time period over which reserve funds should be accumulated.

(3)

Procedures for reporting and managing reserve funds.

(Res. No. 92-192, § 3(2, 3, 5, 8) 9-8-92; Res. No. 98-094, § 3(1), 7-28-98; Res. No. 2004-176, §§ 3, 4, 8-10-04; Res. No. 2010-63, §§ 2, 3, 4, 7-27-10)

Editor's note— Res. No. 92-192 was approved at an election held Nov. 3, 1992, with the amendments effective Jan. 1, 1993. Res. No. 98-094 was approved at an election held Nov. 3, 1998, with the amendments effective Jan. 1, 1999. Res. No. 2004-176 was approved at an election held Nov. 2, 2004, with the amendments effective Jan. 1, 2005. Res. No. 2010-63 was approved at an election held Nov. 2, 2010, with the amendments effective Jan. 1 2011.

But see State v. Grassi , 532 So.2d 1055 (Fla. 1988) where the Florida Supreme Court determined that the Constitution only requires residency at the time of election.