THE BILL ITSELF
HB 4083
City of Winter Springs, Seminole County
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A bill to be entitled
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An act relating to City of Winter Springs, Seminole
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County; amending the Charter of the City of Winter
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Springs; providing for a five-member city commission,
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including the mayor; providing that the mayor is a
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voting member of the city commission; revising mayoral
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duties; removing mayoral veto power; providing for
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transition; requiring a referendum; providing
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effective dates.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Sections 4.01, 4.02, 4.03, 4.05, and 4.10 of
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Article IV, section 5.01 of Article V, section 6.02 of Article VI, and section 8.01 of Article VII of the Charter of the City
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of Winter Springs, are amended, and section 13.05 is added to
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Article XIII of that charter, to read:
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ARTICLE IV. - GOVERNING BODY
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Section 4.01. - Composition; qualification of members; and
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commission districts.
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(a) Composition. There shall be a governing body composed
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of the mayor and four (4) five (5) commission members elected by
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the voters of the city as provided in this Charter. Not more
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than one (1) commission member shall reside in each of the four
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(4) five (5) commission districts provided for in Section 4.02
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(a) of this Charter. The mayor shall be elected at large and may
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reside anywhere within the city. Each commissioner shall be
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elected by the qualified electors of the City of Winter Springs.
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The term "city commission" as used in this Charter shall refer
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to the mayor and four (4) commission members elected by the
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qualified electors, except as otherwise provided.
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(b) Eligibility. Only qualified voters of the city shall
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be eligible to hold the office of mayor or commissioner. Each
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candidate seeking the office of city commissioner or mayor or
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any other elective office of the city shall file a petition
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signed by fifteen (15) registered voters of the city with the
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city clerk. Each candidate seeking the office of city
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commissioner or mayor or any other elective office of the city
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shall have resided in the city one (1) year prior to the time of
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qualifying. Each candidate seeking the office of city
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commissioner shall be a resident of a designated commission
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district established by ordinance and shall have resided in the
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designated commission district six (6) months prior to the time
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of qualifying. Notwithstanding the above requirement, city
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commissioners shall run at large as commission candidates under
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district designation. All candidates for offices in municipal
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elections shall be registered and qualified electors of the city
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at the time of their qualifying as a candidate with the city
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clerk and shall file qualifying papers in accordance with state
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statutes and pay the qualifying fee and election assessment
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provided for by city ordinances. Such application shall be filed
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and the qualifying fee paid during the qualifying period
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established by the city commission by ordinance.
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Section 4.02. - Commission districts; adjustment of
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districts.
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(a) Number of districts. The city commission of the City
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of Winter Springs, Florida, shall by separate ordinance divide
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the city into four (4) five (5) geographical commission
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districts.
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(b) Districting commission. By the first day of February,
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2027 1991, the first day of February, 1992, and every three (3)
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years thereafter, the city commission shall appoint seven (7)
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city electors determined from the registration of the last
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regular election, one (1) to be appointed by each commissioner
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from their respective district, and three (3) two (2) appointed
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by the mayor from the city at large, who shall comprise the
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districting commission. Electors chosen shall not be employed by
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the city in any other capacity. The initial districting
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commission, creating and establishing the first commission
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districts, shall be appointed by each commissioner and the mayor
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from the city at large.
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(c) Report; specifications. The districting commission
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shall file with the official designated by the city commission a
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report containing a recommended plan for establishment or
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adjustment of the commission district boundaries. The initial
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districting commission, creating and establishing the first
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commission districts, shall file such report within ninety (90)
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days of appointment. Thereafter, such reports shall be filed
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within one hundred twenty (120) days of appointment to the city
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districting commission. The commission district boundaries shall
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comply with the following specifications:
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(1) Each district shall be formed of compact, contiguous
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territory, and its boundary lines shall follow the center lines
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of streets insofar as practical or possible, or other boundaries
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available.
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(2) The districts shall be based upon the principle of
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equal and effective representation as required by the United
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States Constitution and as represented in the mathematical
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preciseness reached in the legislative apportionment of the
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state.
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(3) The report shall include a map and description of the
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districts recommended and shall be drafted as a proposed
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ordinance. Once filed with the designated official, the report
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shall be treated as an ordinance introduced by a commissioner.
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(d) Support. It shall be the responsibility of the city
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manager to provide staff assistance and technical data to the
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districting commission.
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(e) Procedure. The procedure for the city commission's
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consideration of the report shall be the same as for other
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ordinances, provided that if a summary of the ordinances is
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published pursuant to this Charter and general law, it must
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include both the map and a description of the recommended
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districts.
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(f) Failure to enact ordinance. The city commission shall
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adopt the redistricting ordinance at least one hundred twenty
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(120) days before the next city election. If the city commission
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fails to either accept or reject the redistricting ordinance,
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the report of the districting commission shall go into effect
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and have the same effect of an ordinance. The proposed
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redistricting ordinance may not be rejected for any reason
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except for failure to comply with the specifications listed in
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section 4.02(c) of this Charter or failure to comply with other
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local, state or federal law.
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(g) Effect of enactment. The new commission districts and
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boundaries as of the date of enactment shall supersede previous
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commission districts and boundaries for all purposes; provided
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all incumbent commissioners shall continue to hold office for
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the entire term to which elected notwithstanding any change in
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commission district and boundaries.
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Section 4.03. - Election and terms.
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(a) The regular election of mayor and commissioners shall
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be held at the time provided for in Section 8.01 of this
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Charter. All elections shall be for four-year terms of office.
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The terms of the mayor and commissioner shall begin at the next
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scheduled regular or special meeting of the city commission of
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each year an election is held, and its members shall serve until
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their successors have taken office.
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(b) City commission seats are hereby designated as seats
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one, two, three, and four and five.
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(c) The mayor shall be limited to three (3) consecutive
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full terms of office. Commission members shall be limited to
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three (3) consecutive full terms of office. The mayor or any
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commission member who has served three (3) consecutive full
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terms of office after having been out of office for a period of
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one (1) year, shall be eligible for election to successive three
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(3) consecutive full terms of office; provided however, this
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limitation shall not prohibit a person who has served three (3)
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consecutive full terms of office as mayor from qualifying and
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being elected as a commission member; nor shall this limitation
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prohibit a person who has served three (3) consecutive full
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terms of office as a commission member from qualifying and being
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elected as mayor of the city.
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Section 4.05. - Mayor.
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At each regular election for the office of mayor, a mayor
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shall be elected at large for a term of four (4) years and shall
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serve until the mayor's successor is elected and qualified;
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provided such term of office shall not exceed four (4) years.
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The mayor shall preside at meetings of the city commission,
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represent the city in intergovernmental relationships, present
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an annual State of the City Message, and perform other duties
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specified by the commission. The mayor shall be recognized as
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head of the city government for all ceremonial purposes and by
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the governor for purposes of military law, but shall have no
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administrative duties. The city commission shall elect from
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among its members a deputy mayor who shall act as mayor during
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the absence or disability of the mayor. However, if a vacancy
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occurs in the position of mayor, the vacancy shall be filled in
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accordance with section 4.08(c) of this Charter.
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The mayor shall serve as a voting member not vote except in
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case of a tie vote of the commission. The mayor shall be
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recognized as the head of city government for all ceremonial
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purposes and by the governor for the purposes of military law
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and shall have no administrative authority over city employees,
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except as expressly provided by this Charter or by ordinance
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Within ten (10) days after the adoption of any ordinance by the
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city commission, the mayor shall have the power to veto said
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ordinance and return it to the commission at the next regular
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meeting with a written message. It shall require the affirmative
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vote of four (4) commission members to pass the ordinance after
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the mayor's veto.
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Section 4.10. - City clerk.
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(a) The city commission shall, after receiving a
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nomination from either the mayor or city commissioners a
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commission member(s) shall, by a vote of not less than four (4)
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commission members, appoint an officer of the city who shall
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have the title of city clerk upon approval by not less than four
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(4) members of the city commission. The city clerk's
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compensation shall be established by the city commission. The
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city clerk shall give notice of commission meetings to its
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members and the public, keep the journal of its proceedings and
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perform such other duties as are provided by this Charter, by
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the commission or by law.
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(b) The city clerk may be removed by a vote of not less
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than four (4) commission members of the city commission.
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ARTICLE V. - CITY MANAGER
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Section 5.01. - Appointment; qualifications, compensation.
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The city commission, by the affirmative vote of not less
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than four (4) commission members of the city commission, shall
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appoint a city manager and fix the manager's compensation. The
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city manager shall be appointed solely on the basis of executive
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and administrative qualifications and shall serve at the
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pleasure of the commission.
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ARTICLE VI. - ADMINISTRATIVE DEPARTMENTS
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Section 6.02. - City attorney.
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(a) The city commission shall, after receiving a
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nomination from either the mayor or city commissioners a
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commission member(s) shall, by a vote of not less than four (4)
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commission members, appoint an officer of the city who shall
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have the title of city attorney upon approval by not less than
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four (4) members of the city commission. The city attorney shall
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represent the city in legal proceedings and shall perform such
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duties as provided by this Charter, by the commission, or by
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law.
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(b) The city attorney may be removed by a vote of not less
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than four (4) commission members of the city commission.
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ARTICLE VIII. - NOMINATIONS AND ELECTIONS
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Section 8.01. - The city elections.
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The regular general city election for electing the mayor
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and city commissioners commission members from seats two and
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four shall coincide with the Florida Gubernatorial election
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years. The regular general election for electing city
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commissioners commission members from seats one and, three, and
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five shall coincide with the United States Presidential election
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years. The entire electorate shall be entitled to vote in
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elections for mayor and city commissioners commission members.
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ARTICLE XIII. - TRANSITIONAL PROVISIONS
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Section 13.05 – Transition to mayor as full member of
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commission.
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(1) This transition shall not affect the term of any
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elected official of the City of Winter Springs serving at the
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time of its passage.
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(2) Beginning with the general election held in November
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2026, the office of mayor shall become a voting member of the
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city commission. At that time, the city commission shall consist
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of the mayor and five commissioners.
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(3) After the November 2026 election, the city commission
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shall, by ordinance, adopt new district boundaries to provide
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for four (4) commissioner districts no later than January 1,
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2028, using the procedures provided in section 4.02 of the
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Charter.
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(4) In adopting new district boundaries, no district shall
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be drawn so as to include more than one commissioner elected in
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November 2026.
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(5) At the general election held in November 2028,
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elections shall be conducted for two (2) of the four (4) newly
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drawn commissioner districts in which no commissioner elected in
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November 2026 resides. Following that election, the city
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commission shall consist of the mayor and four commissioners.
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Referendum election.— Section 2.
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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, the 2026 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:
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AMENDING MUNICIPAL CHARTER TO PROVIDE FOR FIVE-MEMBER CITY
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COMMISSION INCLUDING A VOTING MAYOR
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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, which amends the
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Charter of the City of Winter Springs to provide for a five-
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member city commission that includes the mayor as a voting
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member, revises the duties of the office of the mayor, makes
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conforming changes to the Charter, and provides for transition,
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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 Seminole 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 those qualified electors of the
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City of Winter Springs voting in a referendum to be held in
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conjunction with the 2026 general election, except that this
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section and section 2 shall take effect upon becoming a law.