THE BILL ITSELF
CS/HB 4003
City of Marco Island, Collier County
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An act relating to the City of Marco Island, Collier
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County; amending the City of Marco Island Charter,
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created by chapter 97-367, Laws of Florida, and as
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amended by local ordinances; requiring a special
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election be held to fill any vacancy on the city
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council upon a resolution adopted by the council;
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providing an exception for vacancies occurring within
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1 year before a general election; revising the
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circumstances under which the Governor is required to
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fill vacancies; providing for the Governor to call a
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special election in certain circumstances; requiring a
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referendum; providing effective dates.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Subsection (3) of section 3.05 of Article III
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of chapter 97-367, Laws of Florida, as amended by City of Marco
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Island Ordinance No. 02-20 and City of Marco Island Ordinance
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No. 09-15, is amended to read:
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ARTICLE III - LEGISLATIVE
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Section 3.05 – Vacancies.
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(3)(a) A vacancy on the Council shall be filled by holding
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a special election for the unexpired term to be called by the
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city clerk upon a resolution adopted by the Council. The special
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election shall be held within 130 days after the occurrence of
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the vacancy, unless the vacancy occurs within one (1) year
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before a general election of city officials, in which event the
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Council shall, within 60 days after the occurrence of such
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vacancy, by a majority vote, appoint a citizen who meets the
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requirements for qualification under section 5.03(1) of the
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Charter who shall hold office until the next general election.
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(b) If four or more Council vacancies occur at one time or
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the Council does not appoint a qualified citizen to fill a
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vacancy within 60 days when appointment is required by paragraph
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(a), the Governor shall fill such vacancies until successors are
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chosen at the next regular election.
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(c) If the Council does not adopt a resolution to call a
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special election within 30 days after the occurrence of the
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vacancy when a special election is required by paragraph (a),
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the Governor shall call a special election within 10 days. as
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follows:
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(a) If a vacancy occurs and the remainder of the unexpired
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term is 28 months or less, the remaining Council Members shall,
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within sixty (60) days following the occurrence of such vacancy,
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by majority vote of the Council Members, appoint a person to
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fill the vacancy for the remainder of the unexpired term.
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(b) If the remainder of the unexpired term exceeds 28
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months, the remaining Council Members shall, within sixty (60)
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days following the occurrence of such vacancy, by majority vote
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of the Council Members seated, appoint a person to fill the
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vacancy until the next regularly scheduled City election at
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which the balance of the term for the seat shall be filled in
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accordance with Article V.
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(c) If four or more Council vacancies occur at one time,
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the Governor shall fill such vacancies until successors are
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chosen at the next regular election.
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Section 2. Referendum election.—
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(1) A referendum on the adoption of section 1 of this act
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shall be held on November 3, 2026, concurrent with the 2026
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general election.
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(2) The ballot title for the referendum question shall be
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in substantially the following form: "REVISIONS TO CITY OF MARCO
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ISLAND'S PROCEDURES FOR FILLING VACANT CITY COUNCIL SEATS."
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(3) The referendum question shall be placed on the ballot
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in substantially the following form:
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Shall Chapter 2026-___, Laws of Florida, amending the
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charter of the City of Marco Island to require a special
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election to fill a Council vacancy, unless the vacancy
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occurs within 1 year before a general election, in which
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event the Council shall appoint a qualified citizen to hold
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office until the next general election; and to provide for
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the Governor to call a special election or appoint a
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Council member in certain circumstances, become effective?
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( ) YES.
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( ) NO.
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(4) The referendum shall be conducted by the Supervisor of
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Elections of Collier County in accordance with the Florida
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Election Code.
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Section 3. This act shall take effect only upon its
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approval by a majority vote of qualified electors residing in
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the City of Marco Island voting in a referendum held on November
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3, 2026, concurrent with the 2026 general election, except that
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section 2 and this section shall take effect upon becoming a
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law.