Charter Review Committee Agenda Packet (PDF)

2024 Charter Review Committee (CRC) Joseph E. Johnston III Council Chambers 201 HoweU Avenue, Brooksvme, Florida 34601 AGENDA February 26, 2024 A. Call to Order 5:15 P.M. B. Approval of Minutes Attachment One: January 31, 2024 CRC minutes C. Purpose and Role of Charter Review Committee Discussion ofmeeting procedures, setting calendar (March 5, March 14, April 2, April 18) and amendment process Attachment Tvvo: FS 166.03 1 Attachment Three: Executed Resolution No. 2020-01 - Conduct and Public Comment Attachment Four: Breakdovvn of different forms of govemment D. Articles I - IV - questions, comments or suggestions by the Charter Review Committee Attachment Five: Suggested revisions to Charter from Vice Chair Licata rec'd 2/7/24 Attachment Six: Suggested revisions to Charter from Chair Bloomquist rec'd 2/16/24E. City Attorney continued overview of Charter - Articles V - VII F. Questions and/or Comments on Articles V - VII G. Citizens Input H. Adjourn Two or more Council members may participate in this meeting. Jn accordance vvith the Americans with Disabilities Act, persons vvith disabilities needing a special accommodation to participate in this proceeding should contact the ADA Coordinator, no later than 48 hours in advance ofthe meeting at (352)540-3810. Meeting agendas and supporting documentation are available from the City Clerk's office ancl on line at www.cityofbrooksville.us. Any person desiring to appeal any decision with respect to any matter considered at this meeting may need a record ofthe proceedings including the testimony and evidence upon which the appeal is to be based, and, therefore, must make arrangements for a court reporter to ensure that a verbatim record ofthe proceeding is macle.

Charter Review Committee Meeting Minutes -Watli y^ 13F/v'2'W»<'4, 2024 CHARTER REVIEW COMMITTEE MEETING MINUTES Joseph E.Johnston III Council Chambers 201 Howell Avenue, BrooksviUe, Florida 34601 , ^ c^f^l^ Januai731, 2024 6:30 P.M. The Charter Review Committee (CRC) met with Members Peg Bloomquist, Tom Barnette (arrived at 6:40 p.m.), Christopher Licata, III, Brent Young, Sally Sperling and Joe Quinn. Absent was CRC member Darren McKethan. Also present was Nancy Stuparich, City Attorney, Vose Law Firm and Jennifer J. Battista, City Clerk/Recording Secretary. CaU to Order The meeting was called to order by City Clerk Battista as a Chairman had not been appointed at that time. Introduction ofMembers Each Member introduced themselves. Selection ofChairAnd Vice-Chair CRC Member Sperling nominated Peg Bloomquist as Cliair. There were no further nominations. Nomination ofPeg Bloomquist for Chair carried 6-0. CRC Member Young nominated Joe Quinn as Vice Chair. Chris Licata nominated himself. Joe Quinn withdrew from consideration. There were no further nominations. Nomination ofChris Licata for Vice Chair carried 6-0. CRC Tasks and Timeline - City Attorney and City CIerk City Clerk advised that the CRC members were appointed by the City Council and the CRC must report their findings back to City Council by the first meeting in May. Any Charter recommendations for change would have to go to City Council and they would approve it by an ordinance. It would then go to the voters [on the ballot] at the General Election in November, 2024. City Attorney Stuparich advised that she will be guiding the CRC through tlie existing Charter. She would suggest that once she goes through the Charter, the CRC members could ask any questions. (j: \users\3Dar:tista. cuy \uesKtop\ui-^i-z^i unarter Keview commitiee Ninures.aoc

Charter Review Committee Meeting Minutes - January 31, 2024 Chair Bloomquist asked what the "editors note" meant at the end ofsome ofthe sections ofthe Charter and City Attorney Stuparich stated that it is part ofthe code codification process by the outside company, Municode, who reviews, edits andkeeps the City's code current and up to date as ordinances are adopted. City Attorney Stuparich went over the history ofthe creation oflocal goveinments and Home Rule Authority. Municipalities can regulate themselves as long as it is not something preempted by State, Federal or other governing law. She noted that the 2018 Charter Review Committee brought forth one recommendation to City Council, which was passed by the voters. She offered that often the viewpoint is that ifthe Charter is not broken, then it probably does not need to be fixed. Initial Review ofCharter City Attorney Stuparich went over the current charter. Comments or questions by staff/attorney/CRC members, as follows: ARTICLE I - CREATION AND POWERS • No specific comments ARTICLE II - LEGISLATFVE • Chair Bloomquist questioned how they would look at the City's code, aiid City Attorney Stuparich stated that it is available online. City Clerk Battista offered to send the link to the CRC Members. Vice Chair Licata clarified that the CRC is reviewing the Charter and not the entire code. • CRC Member Sperling asked for and received confirmation that Council determines their own salary. City Clerk Battista added that Council has notraised their salary in many years. She was unsure ofthe exact amount but believes it is monthly $600.00 for Mayor, $500.00 for Vice Mayor and $450.00 for Council Members. • In response to a question by the City Attorney, City Clerk Battista advised that per Ordinance, the Hernando County's Supervisor ofEtections is the City's election official. • The Charter requires that Council must meet at least once a month. City Clerk Battista advised that the meeting schedule is set eachyear. • The Clerk confirmed the City Attorney's comment that Emergency Ordinances are rareiy done. Clerk Battista did not remember any occasion ofan emergency ordinance. C: \Users\jbattista .COB\Desktop\01-31-24 Charter Review Coimnittee Minutes.clocPage 2 of 4

Charter Review Committee Meeting Minutes - January 31, 2024 • Vice Chair Licata felt that revisions to the Charter could be suggested and reviewed even ifthe Charter is not broken. He felt that was the CRC's responsibility, along with the Council's and ultimately the voters. City Attorney Stuparich interjected that City Council hasthe authority, through a certain process, to recommend Charter changes to the voters throughout the year and notjust every six years through the Charter review. • Vice Chair Licata brought up for discussion and the City Attorney addressed the strong Mayor, weak Mayor, medium Mayor and City Manager types of Government. • It was the Vice Chair's understanding that the City Council are elected City- wide at-large, which was confirmed. ARTICLE III - ADMINISTRATION • Vice Chair Licata asked for clarification ofthe Administrative Code, wliich Stuparich described as policies, procedures and resolutions adopted, usuallyby Council, for guiding the City government and employees. ARTICLE IV - DEPARTMENTS • There were no comments made under DepartmentsA Break was held from 7:22 pm - 7:27 p.m. It was decided to stop the review after Article IV. Ouestions and/or Comments Chair Bloomquist stated that the CRC will now open up for questions on Articles I - IV. Also, at the beginning ofthe next meeting, the CRC can reviewArticles I - IV again and then the City Attorney Stuprich will continue her review, starting with Article V. CRC Member Barnette asked at what point could the Committee inake con-iments or suggestions. City Attorney Stuparich stated that it could be at this meeting. At the February 26th meeting, the CRC could also make suggestions. C:\Users\jbattista.COB\Desktop\01-31-24 Charter Review Committee Minutes.doc Page 3 of 4

Charter Review Committee Meeting Minutes - January 31, 2024 Vice Chair Licata advised he would be willing to send his changes to the City Clerk and the City Attomey asked that it be limited to Articles I - IV. Chair Bloomquist asked that any other suggestions be einailed to the Cit}' Clerk. The City Attorney agreed, stating that the CRC could look at those at the beginning ofthe meeting on February 26th. CRC Member Barnette supported a review ofthe Charter more common than eveiy 6 years, to which Vice Chair Licata supported looking at that. Mr. Barnette did acknowledge that the Charter can be changed at any point which Stuparich confirmed, adding that it can be done through a process with Council then to the electorates. The City Clerk distributed to the Committee the recommendation made froin the 2018 Charter Review Committee, which was approved by City Council and approved by election ofthe voters. Chair Bloomquist stated that this can be discussed at the next meeting as well. Set Future Meeting Schedule After discussion, it was decided to hold the next Charter Review Committee meeting on February 26, 2024 at 5:15 p.m. The Chair would flrm up the dates for March and April in time for the February 26 meeting. Citizens Input AdjournThere being no further business, the meeting adjoumed at 7:40 p.in. Rccording Secretar)' CRC Chair C:\Users\jbattista.COB\Desktop\01-31-24 Charter Review Committee Minutes.doc Page 4 of 4

2/16/24, 2:34 PM Statutes & Constitution :View Statutes : Online Sunshine AGENDA ITEM N0rwoSetect Year: 2023 v Go C(^C ^fatf The 2023 Florida Statutes (including Special Session C) TitleXII Chapter166 View Entire Chapter MUNICIPALITIES MUNICIPALITIES 166.031 Charter amendments.- (1) The governing body of a muntcipality may, by ordinance, or the electors of a municipali'ty may, by petition stgned by 10 percent of the registered electors as of the last preceding municipal general election, submit to the electors of said municipality a proposed amendment to its charter, which amendment may be to any part or to all of said charter except that part describing the boundaries of such munidpality. The governing bodyofthe municipality shall place the proposed amendment contained in the ordinance or petition to a vote of the electors at the next generat election held within the municipatity or at a special election called for such purpose. (2) Upon adoption of an amendment to the charter of a munidpality by a majority of the electors voting in a referendum upon such amendment, the governing body of satd municipaltty shall have the amendment incorporated into the charter and shall file the revised charter with the Department of State. All such amendments are effective on the date specified therein or as otherwise provtded in the charter. (3) A municipatity may amend its charter pursuant to this section notwithstanding any charter provisions to the contrary. This section shall be supplemental to the provisi'ons of alt other laws relating to the amendment of municipal charters and is not intended to diminish any substantive or procedural power vested in any municipality by present law. A munidpality may, by ordinance and without referendum, redefine its boundaries to include only those lands previously annexed and shall flle said redefinition with the Department of State pursuant to the provisions of subsection (2). (4) There shall be no restrictions by the municipality on any employee's or employee group's political activity, while not worktng, in any referendum changing employee rights. (5) A munlcipality may, by unanimous vote of the governing body, abotish municipal departments provided for in the municipal charter and amend provistons or language out of the charter which has been judidally construed, either by judgment or by binding legat precedent from a decision of a court of last resort, to be contrary to ei'ther the State Constitution or Federal Constitution. (6) Each municipality shall, by ordinance or charter provision, provide procedures for fitling a vacancy in office caused by death, resignation, or removal from office. Such ordinance or charter provision shall also provide proceduresforfilling a vacancy in candidacy caused by death, withdrawal, or removat from the ballotofa qualified candidate fotlowing the end of the qualifying period whtch leaves fewer than two candldates for an office. History.-s. 1, ch. 73-129; s. 1, ch. 86-95; s. 1, ch. 90-106; s. 43, ch. 90-315; s. 45, ch. 94-136. Copyright ©1995-2024 The Florida Legislature • Privacv Statement • Contact Us www.leg.state.fl.us/S1atutes/index.cfm?App_mode=Display_Statute&URL=0100-0199/0166/Sections/0166.031 .html 171

A^FMHA ITEM N0. nv\cf& RESOLUTION N0. 2020-01 ce-c. A RESOLUTION OF THE CITY OF BROOKSVILLE, FLORIDA; REPLACING RESOLUTION 2015-04; ADOPTING RULES AND POLICIES GOVERNING PUBLIC COMMENT; ADOPTIISG SAID RULES AND POLICIES IN COMPLIANCE WITH SECTION 286.0114, FLORIDA STATUTES; PROVIDING FINDINGS; PROVIDING DEFINITIONS; PROVIDING RULES FOR THE CONDUCT OFMEETINGS; PROVIDING RULES FOR PUBLIC PA.RTICIPATION AND CONDUCT; REQUIRING THE OBSERVANCE OF DECORUM; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Legislature of the State of Florida recently enacted Florida Statute §286.0114;and, WHEREAS, Florida Statute Section §286.0114 sets forth certain requirements for participation by the public at meetings ofthe City Council oftheCityofBrooksville, Florida, as well as other boards and commissions created by the City Council of the City of Brooksville; and, WHEREAS, as a result ofFlorida Statute §286.0114, it is necessary for the City Council of the City of Brooksville, to adopt policies consistent with the requirements of the statute, related to public participation at City Council meetings; and, WHEREAS, the City Council ofthe City of Brooksville, Florida, afterpublication ofall required notice to the public of its consideration of this Resolution, has determined that it is in the best interest ofthe City ofBrooksville, Florida, to approve the Resolution contained herein. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BROOKSVILLE, FLORIDA, AS FOLLOWS: SECTION 1. PURPOSE. The purpose of this Resolution is to adopt policies for public participation at meetings ofthe City of Brooksville, Florida, including any ofits boards or commissions, for the reasons set forth in the above "Whereas" clauses, which are incorporated herein, m haec verba. SECTION 2. AUTHORITY. The City Council is authorized to adopt policies for the City of Brooksville pursuant to Article I of the City Charter of the City of Brooksville, and Chapter 2, Article II, Division III, of the General Provisions ofthe Code of Ordinances ofthe City of Brooksville, and as otherwise authorized by applicable Florida Statutes. SECTION 3. FINDINGS; DECLARATION OF PUBLIC POLICY. It is the intent of these rules that the deliberations and actions of the City Council of the City of Brooksville, Florida ("City Council") be conducted and taken openly in order that the citizens may be fully informed, it being the finding ofthe City Council that the citizens must be fully informed iftheyare to be intelligently advised as to the conduct ofpublic business by the City Council. Tovvards s/^k- y Page 1 of7

that end, the City Council makes the following findings and declares the following legislative intent: (1) The City has traditionally permitted public participation in its public meetings. (2) Florida local governments allovv public participation and have adopted rules to govern its conduct. (3) Public participation in govemment business is the bedrock of American local government and should be protected, permitted and not discouraged consistent with principles of common and statutory law. (4) In 2013, the Florida Legislature adopted Section 286.0114, Florida Statutes, that requires municipal boards and commissions to provide members of the public a reasonable opportunity to be heard before official action is taken. (5) At the same time, some forms of comment that slander, defaine, libel, disparage,or smear individuals through ad hominem attacks are not germane to public business and are inappropriate to the decorum ofpublic meetings involving the public business ofacity. (6) The City Council is permitted to set reasonable ground rules for public participation within its meetings and. vvithin any other meetings of any board or commission of the CITY OF BROOKSVILLE or its agencies or authorities. SECTION 4. DEFINITIONS. For the purpose ofthis policy, the following definitionsshall prevail: (1) A "meeting" is a gathering ofa quorum ofthe membership ofthe City Council, orany board or commission of the City of Brooksville, Florida, or its agencies or authorities for the purpose ofreceiving information relating to public business, or for discussion ofpublic business, or for official action upon a proposition related to public business. (2) A "regular meeting" is a meeting held pursuant to a schedule ofsuch ineetings as approved by a board or commission to enact ordinances and resolutions, conduct public hearings,or otherwise discuss or act upon matters ofpublic interest. (3) A "special meeting" is any meeting other than a regular meeting held by a boardor commission. A "special meeting" is held for the purpose ofaddressing matters requiring the immediate attention ofa board or commission or for the purpose ofaddressing matters which the board or commission has determined are best addressed at a special meeting. When a special meeting is called, the Mayor or presiding officer of the board or comniission shall specifically state the purpose ofthe meeting and the board or commission shall address only those matters forvvhich the meeting was called. (4) A "workshop" is a meeting vvhere no official action is taken by the board orcouncil. The policies for public comment herein are not applicable to a workshop meeting vvith the exception ofthe policies enumerated under decorum. Page 2 of 7

(5) A "board or commission" shall refer to the City Council of the City of Brooksville, the City of Brooksville Planning Commission, the City ofBrooksviIle Cornmunity Redevelopment Agency and any other board or commission created by the City Council. (6) "City Council" shall refer to the Mayor and meinbers of the City Council of the City ofBrooksville, Florida. (7) The "presiding officer" shall mean, in the case ofthe City Council, the Mayor,and in all other cases shall be the chairman ofa particular city board or cornmission. (8) "City" shall mean the City of Brooksville, Florida. SECTION5. MEETINGS. (1) Location. All meetings ofthe City Council shall be held in City Hall, unless the City Council indicates another location, and shall be open to the public as required by law. All meetings of any other city board or commission shall be held in a suitable location within the city limits of the City of Brooksville, Florida, and shall be open to the public as required by lavv. The only exception to the requirement that meetings be open to the public shall be any executive session scheduled for those purposes expressly recognized by law. (2) Regular Meetings. The City Council and the City's other boards and commissionsshall hold regular meetings as designated by the City charter, City Council or thie City's other Boards and Comniissions. (3) Public Notice. The City shall give public notice ofthe schedule of meetings and shall state the dates, times and places for such meetings. Public notice of any special meeting or of any reconvened meeting shall be given before such meeting. Public notice shall be given by posting a copy ofthe notice at City Hall and on the City's vvebsite. The City shall supply copies ofthe notices ofits meetings to any local nevvspaper ofgeneral circulation, orany local radio or television station that has filed an annual request with the City Clerk for such notice. SECTION 6. CONDUCT OF MEETINGS. Public Meetings that are not Quasi-JudiciaI (1) The presiding officer shall preserve order and decorum at all ineetings. (2) When considering matters noticed for a public hearing of the City Council, the applicable ordinances shall Hrst be read by its title only. The presiding officer shall declare the public hearing open and receive comments from the public prior to Council or board vote if applicable. (3) During any board or commission meeting, board members and commissioners shall maintain order and decorum. Page 3 of 7

(4) City staff and citizens must be recognized by the presiding officer before speaking or asking questions. The purpose of this requirement is so that there is order and so that the recording equipment will properly record all comments made byindividualsvvishingto coinment on a specific subject. (5) All comments must be made from the podium which is located at the front ofthe City Council Chambers or by other reasonable accommodations in any other location in which a board or commission meeting is held, and shall address the subject of the agenda item, Individuals who appear before any city board or commission vvill be asked to state their legal name, their actual physical address and whether they are a City resident or City business o\vner for the public record. The purpose of this requirement is so that they are properly reHected in any board or commission minutes and are available for future reference. (6) Members of the public shall be given a reasonable opportiinity to be heard on a proposition before a board or commission. The opportunity to be heard need not occur at the same meeting at which the board or commission takes official action on the proposition ifthe opportunity occurs at a meeting that is during the decision making process and is within reasonable proximity in time before the meeting at which the board or commission takes the official action. Members of the public shall be limited to three (3) minutes per person on all items that are not ofa quasi-judicial nature. (7) Those persons wanting to express their opinion on an agenda item noticed for public hearing without addressing the board or commission may do so in writing by subniitting the same to the clerk, vvhich shall then be made part ofthe publicrecord ofthe proceedings, (8) As a board or commission considers consent agenda iteins, emergency iteins, items involving official acts that involve no more than a ministerial act, approval of minutes, ceremonial proclamations and other similar items, the presiding officer may, at his or her discretion, or at the direction of a majority of the board or commission, accept comments from those in attendance. (9) When considering the first or second reading of an ordinance, the City Councilshall accept comments from those members of the public who have indicated their desire toaddress the City Council concerning such ordinance. Public Meetings Where City Council Acts as a Quasi-JudiciaI Body (10) In addition to the above enumerated paragraphs one (1) through (9) that are not in conflict with the provisions ofthis paragraph, are also to apply toquasi-judicial proceedings. (11) At the discretion of the presiding officer, public coinments to be offered for anitem during which the board or commission is acting in a quasi-judicial capacity vvill be liniitedto three (3) minutes per person so that all may be heard on the matter and the presiding officer, or his or her designee, shall in such instances monitor the timing and give the speaker a thirty (30) second notice prior to the expiration ofthe time allotted. The presiding officer may, at his or her discretion, or at the direction ofa majority ofthe board or commission, extendthe time allowed for an individual to speak or to allow a speaker a single opportunity to rebut con-inients made by Page 4 of7

another speaker. Any such rebuttal shall be limited to tvvo (2) minutes. After receiving public comments as provided herein, the public hearing shall be closed and all further discussion on the matter shall be limited to members of the City Council. One participant's allotted time for addressing the board or commission may not be donated to another participant. This section shall not unduly limit the time ofan applicant or other individual orentity designated as a party to the proceedings under Florida law to make their presentation. SECTION 7. PUBLIC PARTICIPATION AND COMMENT. The City has a long standing policy which encourages its citizens to participate during public meetings. In order to comply with Section 286.0114, Florida Statutes, the City Council hereby establishes a Public Comment Policy applicable to all city boards and commissions to allovv membersofthe public an opportunity to address city boards and commissions. In addition to public hearings, a special time is hereby set aside at all city board and commission meetings for the purpose of receiving comments and suggestions from members of the public. All cominents made during any Public Comment period shall be subject to the following procedures:(1) The City Council shall provide an opportunity at the beginning and at the end of each regularly scheduled City Council meeting, and any other board or conimission meeting for citizens who vvish to appear before that city board or commission to make a request of City Council, board or commission, voice a complaint or concern, express an opinion, or for some other type ofrecognition. The presiding officer will provide each ineniber ofthe public three (3) minutes to provide their input. Unless otherwise directed by a majority of members of City Council, board or commission, the presiding officer may permit additional time to a given speaker on a case-by-case basis." (2) Each person vvho wishes to address the City Council or the Board or Coinmission must first be acknowledged by the presiding officer. Speakers shall address the City Counicil or the board or commission from the podium and not approach that city board or coinmission or staff. Speakers will be asked to begin their statement by stating their legal name, their actual physical address and vvhether they are a City resident or City business owner for the public record. (3) Statements are to be directed to the city board or conimission as a whole, and not to individuals. Public comment is not intended to require a city board or coinmission to provide any answer to the speaker. Discussions betvveen speakers and members ofthe audience \vill notbe allowed. (4) Speakers vvill be courteous in their language and presentation. Violations ofthisprovision may result in the presiding officer striking the cominents and lirniting any further comments. (5) Only one speaker vvill be acknowledged at a time. In the event a group ofpersonssupporting or opposing the same position desires to be heard, in the interest of tinie, a spokesperson shall be designated to express the group's concerns and the time shall be limited to five (5) minutes. In order for a group and its spokesperson to take advantage ofthis provision,the group and spokesperson must be identified prior to speaking. Ifit appears that the group cannot be readily identified or similar persons vvith similar views do not vvish to be part of the Page5of7

group, the presiding officer may in his or her discretion not allovv such a designation. Likewise, in the event the number of persons wishing to attend the hearing exceeds the capacity of the meeting place, one or more delegates shall be selected to speak on behalfofeach group. (6) After each Citizen's Input delineated on the agenda, the City Manager, or his designee, or City Council, will have the opportunity to address items brought up during Citizen's Input. This may include answering or explaining questions or cominents posed, directiiig where such information can be obtained or offering to provide an answer or explanation at a later tiine ifthe matter requires further research or action.(7) It should be understood that no city board or cominission will likely take any action on subject matter for vvhich it has not had the opportunity to fully investigate and gather complete information.(8) These same rules shall apply to all city boards and coinmissions vvith. the exception ofquasi-judicial hearings. SECTION 8. DECORUM. The presiding officer shall preserve strict order and decorum at all meetings.(1) In conducting the public's business, city boards and commissions are cominitted to the principles of civility, honor, and dignity. Individuals appearing before city boards and commission are requested to observe the same principles when making coniments on iterns and issues presented to a given city board or commission for its consideration. (2) Staffmembers and citizens are required to use proper language when addressing a city board or commission or the audience. Staff members and citizens shall not use profanity or cursing, aggressive or threatening behavior vvhen addressing the city board or commission or other participants. All comments are directed to the presiding officer or the board as a whole and shall not be directed to individual members ofthe city board or conimission or to the audience.No personal verbal attacks tovvard any individual will be allowed during the conduct of a city board or commission meeting. The presiding officer may have individual(s) rernoved froin the podium and/or meeting chambers ifsuch conduct persists after a warning has been issued. (3) All members of a city board or commission shall accord the utmost courtesy to each other, the City employees and the public members appearing before the board orcommission and shall refrain at all times from rude and derogatory remarks, reflections as to integrity, abusive comments and statements as to motives and personalities. During city board or commission meetings, cell phones are to be turned offor silenced. Use of cell phones by boardor commission members and City staff for talking, texting, emailing or otherwise vvill not be allowed during meetings vvhile at the dais, except for emergency communications, research, or during breaks. (4) In addition to the prohibitions in (3), above, Section 871.01, Florida Statutes, declares that any person vvho willfully interrupts or disturbs any assembly of people meeting for any lavvful purpose shall be guilty of a misdenieanor of the second degree, and may be arrested Page 6 of7

by police ofHcers present. This may be done in the absence ofthe conduct being noted, or of'the offender being called to order, by the presiding officer.(5) In the case that any person is cleclared out of order by the presiding ottlcer and ordered expelled, and does not immediately leave the meeting chambers, the follovving steps shall be taken: i, The presiding officer shall declare a recess. ii. The person shall be advised that he or shehas been ordered expelled, iii. In case the person does not remove himself or herself from the area, he or she vvill be advised that they may be placed under arrest for violating Section 871,01, Florida Statutes, iv. In the event any person who is ordered expelled leaves the meeting chambers voluntarily and then returns to the same meeting, he or she may be subject to arrest for violation ofSection871.Cl, FloridaStatutes. The City Manager shall, cluring all City Council meetings, have a unirormed lavv enforcement officer present to enforce this policy. SECTION 9. REPEAL OF CONFLICTING RESOLUTIONS. All Resoliitions 01 parts ofResolutions in connict herewith are hereby repealed to the extent ofsuch conflict. SECTION 10. SEVERABILITY. The sections, paragraphs, sentences, clauses and phrases of this Resolution are severable, ancl if any phrase, clause, sentence or paragraph or section ofthis Resolution shall be declared unconstitutional by the validjudgment or decree ofa court of competent jiirisdiction, such unconstitiitionality shall not affect any ofthe remaining phrases, clauses, sentences, paragraphs and sections ofthis Resolution. SECTION 11. EFFECTIVE DATE. This Resolution shall become effective immediately upon passage by the City Council ofthe City ot'BrooksviIle, Florida, :'^^ , DULY ADOPTED this 6th clay ofJanuarv. 2020. •(. CITY OF BROOKSVILLE, FLORIDARESOLUTION N0. 2020-01BV: <^_^$—^^ Jqe/Bemardini, Mayor le/niferJ. Ba(ti^ta, CiQ Approvecl as to fonn for tlie reliance ofthe City oF Brooksvilleonly: ^ Vose l.i/v Firm, L/.P, City Attorn'ey VOTEOFCOUNCIL:Bernardini AYE Battista AYE Brayton AYE Erharcl AYE Kemerer AYE P.igc 7 uf 7

AGENDAITEMNO. (o\xf Duties of Munidpal Officials in Different ^f ^l^l^ Forms of Government [11] DUTIESOF THE MAYOR DUTIES OF THE COUNCIL DUTIESOF THE CITY NANAGER COUNCIL-WEAK MAYOR Office of mayor is usually rotated among the elected council members annually Authority is little, if any, greater than that of the other council members Acts as ceremonial head of governmentat public functions Holds collectlve power overadministration, including appointment and dlsmissal of municipal employees andappointmentsto boards and commissions Decides policies and creates ordinances Not present in this form COUNCIL-STRONG MAYOR May have veto powerovercouncil legislation Has executive power tocarryoutpolicies Prepares budget, makes appointments and manages daily operations Acts as ceremonial hesd of government at publlc functions Decides city policies, but has no administrative power Not present in this form COMMISSION Presides over commission meetings Commlssioners serve collectively as the poltcy-making board and individually as headsoftheprincipal departments Not present in this form COUNCIL-MANAGER Acts as ceremonialhead of government at public functionsPresides over council meetingsMakes appointments to boards Haslittle,ifany,rolein day-to-day munlcipal administration Sometimes filled by election, sometimes filled by council appointment Decidespolicies and creates ordinances Appointed bya majorityof the council for an indefinite term and removable only by a majority of the council Fully responsible for municipal gdministration: supervisesand soordinates the departments, appoints and removes their jirectors, and makes reports and recommendations to the souncil Responsible for preparing 3 budget to present to the :oundl, and responsible forthe administrationofthe:ouncil-approved budget

Sfi AQEN8A ITEM.NO. ^V^_ ^^^ Brooksville City^harter Overha-ul:'At a Glance ^H^U^ ^) QU^^M^. -Y7/9-/Benefits ofthe Overhaul: - Streamlined decision-making with a clear executive structure. - Enhanced council representation with single-member districts. - Increasedaccountabilitythroughfixed terms and oversightmechanisms. - Professionalization of legal and administrative functions. - Sustainabte and adaptable governance model with charter committee oversight. <* MayorStructure: > Medium Mayor vs Current Ceremonial Mayor > Elected citywide every two years. > ChiefAdministrative Officer (CAO) rote with N0 veto power. > Mayor Oversight by the Council Chair > The mayoris subjecttoa no-confidencevote ofthe counciland removed. •> CouncilStructure > Six Single-Member Districts vs Current Five At-large Districts > Council members serve a single six-year term. > Mandatory one-year out of office after each term. > Staggered etectionswith 1/3 ofthe councilelected everytwoyears. <* CouncilSalaries andChair > Fixed salaries for council members pegged to inftation. > The CouncilChairelected bythe council, serves as a non-voting7th member. > The CouncilChairhastheauthorityto breakties. *> City Attorney and Legal Oversight: > In-house insulated CityAttorney: > Four-year term nominated by the council. > Confirmation by the Mayor. > Oversees Clerkand HRfunctions. *> DepartmentHeads and Oversight > Sixfixed departments. > The mayor nominates, and confirmation by the councit. > Each council member oversees one ofthe six departments. <* Charter Review Committee: > Elevated to a standing committee and changed the appointment process. > All charter amendments must be recommended by the Charter Review Committee. > The councit can onty consider recommended amendments. Enhancing Democracy: Why a City-Wide Elected Nayor and Single- Member Districts Council Outshine Council-Manager Model In the realmoflocalgovernance.the structure and dynamics ofcitycouncils playapivotat rote in shapingthedirection and effectiveness ofmunicipaldecision-making.While various models exist, the debate often centers around theeffectiveness ofthe council-managermodelversus alternative systems. In this discourse, 1 advocate for the implementation of a "Medium Mayor" a city-wide elected mayor alongside a Single-Member district councit, augmented with a council-elected chair as a non-voting but fortiebreaking. Betoware 6 pointswhythis modelstands as a superiorchoicecomparedtothe prevatent council-managersetup, particularlythe FiveAt-large Districts modelwe use hereinBrooksville.

1. Direct Representation: The crux of democracy ties in the principle ofrepresentation, Single- memberdistricts ensure that every localitywithin the city has a direct voice in cityaffairs. Citizens can electa councilmemberwho intimatelyunderstands and representsthe uniqueneedsand challenges of their specific district, fostering a sense of accountability and responsiveness. 2. Enhanced Accountabitity: A city-wide elected mayor introduces a singularfigurehead accountabletothe entire populace. With elections held everytwoyears, thisensures heightened scrutiny and accountability compared to council-manager modets where accountability may be diffused among multiple council members and a city manager. This direct accountability to the electorate can translateto more responsive governance.3. Streamlined Decision-Making: A mayorwithout veto power streamlines decision-making processes. White ensuringexecutive leadership, the absence ofveto powerfosters a coLtaborative environmentwherethe mayormustworkctoselywiththecounciltoenactpoliciesandinitiatives, promoting consensus-building and compromise. 4. Checks and Balances: Introducinga non-votingcouncil-elected chairwhocanbreakties adds a layer of checks and balances to the system. This individual serves as a neutral arbiter, ensuringthatdecisions are made in the best interest of the city while preventing gridlock in the event of a tied vote. 5. Community Engagement: Single-memberdistricts encourage communityengagementandgrassroots involvement in local potitics. By decentralizing power and representation, these districts empowercommunitiesto participateactivelyinthe political process, fosteringa morevibrantandinclusive democracy. 6. Flexibitity and Adaptability: Establishingthe Charter ReviewComnnittee as astanding committee, with appointments from both the mayor and council, and requiring alt charteramendments toberecommendedbythecommitteebeforecouncilconsiderationensuresongoingflexibility, adaptability, and oversight, alongwith a more cotlaborative approach to governance, ultimately enhancingthe responsivenessandeffectivenessofthe city'sgoverningdocument.Thisstructurepromotes greater accountabitity, transparency, and inclusivity in the amendment process, fostering public trust and confidence in the integrityofthe city's governance mechanisms. NOTE: Amendment by petition is NOT affected or changed via my proposal In conclusion, the proposal to implement a city-wide elected mayor alongside a Single-Member districtcouncil, supplemented bya council-elected chair, presentsa compellingargumentforenhancing democracywithin our municipality. By prioritizingdirect representation, accountability, streamtined decision-making, checks and balances, community engagement, and ftexibility,this model offersa more responsiveand inclusiveapproachtolocalgovernance. Throughthesemechanisms, citizensareempoweredtoactivetyparticipateinshapingthedirectionoftheircommunitieswhileensuringthat decision-making processes remain transparent, collaborative, and accountable. Ultimately, adoptingthis model not onlystrengthensthefoundations ofdemocracybutalsofostersa morevibrantandeffective municipalgovernance systemthattrutysen/esthe needsand interestsofallresidents. In Liberty, 2024BrooksvilleCharterReviewViceChair, Written individuatlyandforconsideration bythe restofthe committee,the council andthe electors.

Submitted to Clerk 2-7-24 2024 Charter Review Committee Licata Proposal 1 ARTICLE I. CREATION AND POWERS 2 Sec.1.01. Purpose. 3 We, the people ofthe City of Brooksville, Florida, desiring to avait ourselves ofthe right 4 to estabtish a home rule charter form of government, do ordain and establish, in 5 accordancewiththe constitution and laws oftheStateofFlorida, this organic structureof 6 government for the City of Brooksvitle, FLorida. 7 Its.hall be the duty of the city to expand the city limits. (this provision alone does not anngx 8 orjex.pandcorporatelimits) 9 Sec. 1.02. Corporate limits. 10 The following area shall constitute the corporate limits: ii [The boundarydescriptionfortheCityofBrooksvilleis not printed hereinbut is on fite 12 inthecityclerk'soffice.] 13 The corporate timits may be increased or contracted as provided by law. 14 Sec. 1.03. Powers. 15 The city shall have all governmental, corporate, and proprietary powers to enable itto 16 conduct municipalgovernment, perform municipalfunctionsand render municipat 17 services, and it mayexercise anypowerfor municipalpurposesexceptwhenexpressly 18 prohibited bytaw.Allextraterritorialpowers andjurisdiction, powersoftaxationand 19 powers to impose and enforce liens which the city now has are preserved. 20 The powers ofthe cityshallbe construed liberallyin favor ofthecity, limited onlyby 21 the Constitution ofthe Stateof FLorida, generallawand specifictimitations contained 22 herein. Speciatacts pertainingtothejurisdiction and exercise ofpowers bythiscity shalt 23 be considered amendments to this charter and, pursuant to the provisions adopted for 24 incorporation of other charter amendments, shall be incorporated as officialamendments 25 tothecharter. 26 ARTICLE II. LEGISLATIVE Brooksville, Florida, Code of Ordinances (Supp. No. 14) Created; 2023-09-20 18:59:06 [EST] Pagelof25

2024 Charter Review Committee Licata Proposat 27 Sec. 2.01. City council; powers and composition. 28 There shall be a citycouncilwith all legislative powers ofthe cityvested therein^Ttie 29 clty_sjia[t be equally divided by ordinance according to the latesiL£erisus^atain_tQ_£ix(£^ 30 dlstricts ensuring optimal compactness. Each district shall e[ecl.a_slngle_£ity£oujTjcii 31 memberjlshajl be ensured that an elector of any district may seek andhLOld^ftice_forjny 32 oth e r.d j st rj.et wh e n.e tect edbythe.electors,ofthatJjstrict.alQ^ 33 ado.^ch^mbeLmles.fQLpiocedurat efficacy, consistingoffivo (5) members, who shall be 34 electors of the city, elected by the electors of the city. 35 Sec. 2.02. Qualifications of city council members; term of office; Vacancies. 36 (a) Anyelectorwho has continuouslyresided inthe Cityof Brooksvitleforatteastone (1) 37 year, immediatelypriortoqualifying, shallbe eligibleto hold theofficeofcitycouncil 38 member. 39 (b) Membersshall be electedfora fewsix-yearterm. Consecutive termsshallbelimited 40 totwo(2),full,four(4)yeartermswith a minimum ofa one-yearperiodoftimeout of 41 office before being altowed to run for councit subsequently. No_oersQrLmaiy_a eaLQn 42 theballotforre-electionforcity_£oujTciLU^bythe_endLoflhe_c^ the 43 person will have served or. but for resigiiatiQn^wQLLldJiave^sen/edjnJha^ for^six 44 consecutiveyears. However, no priorservicein office before 2026shallbecountedfor 45 term limits. 46 tc)__EacJiC_QiinclLm e m b e r.-eleclshMJn_wrrtiag. na me a n alteTnatebeforelaking.cilficejirid. 47 th.isJ.ettershal..Lbecome a sealecliecorcLmaintained by the^lgrk_ShQiLldLUTcrLcQun_cil 48 member's_s.eatbecome vacant thejjettershall be unseaMdb^QieJliecounciLThe 49 aUernate.shalt.be inforjTiedand..hayelhe.chQice.todeclme.or.anceptlhea 50 as_an_interim citycouncilmemberuntilthe next Novemberelectionwhen aspecial 51 electjo_n..sMUj3e_heldJ_orthes.eaLfQrlhei.em.amder.oflh^._m^ 52 the alternate decline or otherwise be ineligible then the Chair shaLlappointaneligible 53 person to the seat until the next November election when a specialelection shall be 54 heldfojLthe^eat..foLLhe_remalndeLoltAelrmojii£l^ Created: 2023-09-2810:59:06 [ EST] (Supp. No. 14) Page2of25

2024 Charter Review Committee Licata Proposal 55 56 57 5859 60 61 62 j6)_ Transitionali£lectiQns_fQTthis^xearided_anjd_^^ ie2026.gene_rat election. Seats 1, 4. 5. and 6 shaLLbe£Lectedjn_2Q2S,. However, seats_1 and 6 shall be again elected in 2030. SeatsAandL5_stmlLbe_elecled for a regulaLsix-year term. Seats 2 and 3 elected in 2024sjTalL£etainjLhmLseatLintil2028 when they shall then be elected for a six-year ternz (Res. No. 90-13, § 1, 10-15-1990; Ord. No. 287-B, 9-11-1995:0rd. No.287-F,§ 1, 8-21- 2006) 63 Editor's note(s)—The requirement for a candidate to be a real property ownerwas 64 editorialty deleted as it is of doubtful constitutionality. 65 Sec. 2.03. Mayor; vice-mayor.Chair.; Vice^hair: powers ofthe_chair 66 The councit shall etect from among its members a mayor and a vice-mayor. apRojnt a 67 Chair.TheChair-electdoesn'thaveto bea memberofthecouncil.shoulda mergbe.r_biie 68 aqpointed.iesignation from..th.e_councLl shall be requiredLThe Chair and Vice_ChalLshall 69 sep/e a two-year term, appointed every December following an election, Shoutd^in 70 electiorLQLa.Chair or vice chair be tied. the mayor may break such a tie. 71 TheCouncil shall appoint from among themselves a vice-chair. and the vice-chair 72 shallremaina^cQuncilmember.73 The Chair shall be subject to votes of no confidence at any meetingand upon a motion 74 and second of no confidence the Vice Chair shall serve as acting Chair until the tnotion can 75 be_djebated and resolved. upon four affirmative votes of no confidence the_ChairshaiLJbe 76 vacated. and the vice chair elevated to Chair and a newvice-chair selected^ 77 The Chairsha.lU 78 havenovotebuttobreakatie 79 sejjM.agend_aAn_c)_the_ca_Lend.ar. 80 abLde_by_and.eiifo.rce_cJiainnber_ruies 81 have total unabrjdged access to the mayor and city staff, oversee the mayQr andjthe 82 running ofthe city^and make regular reports back to the councit, Cr'eated; 2023-89-20 10:59:06 [EST] (Supp. No. 14) Page3of25

2024 Charter Review Committee Licata Proposal 83 In coordination with the mayor and staff prepare and submlLLheAnnjJcLLbLldget, 84 budget message, and capital program to the council in a form provided by 85 ordinance. 86 Submlt to the council and make available to the public a com^Leteie.poiLQtthe 87 finances and administrativeactivitiesofthecityasoiLthe_eiilM^aclllluarteLand 88 fiscalyear. 89 MaMsuch.other re|3orts_a_sjthe council mayjs^uire^c^jicsmLngAe^peratiorLQflhe 90 city departments, offices, and agencies subject to his or her direction_aiid 9i supen/isiorL 92 Keep the council fully advised as to the financial condition and futurejTeeds_of_the_crt^ 93 smd make recommendations to the council concerning the affa_lrs_oLthe_city^ 94 95 Clectionofthe mayorandvice-mayorshallbedoneannualtyatthefirstregular 96 council meeting in December of each year. The mayor shall preside at meetings ofthe 97 council,shaltbe recognized as head ofcitygovernmentforatlceremoniatpurposes.bythe 98 governor for purposes of military law, for service of process, execution of contracts, deeds 99 and other documents, and as the city official designated to representthe city in all 100 agreements with other governmental entities or certifications to other governmental ioi entities, but shall have no administrative duties except as required to carry out the 102 responsibitities herein. The vice-mayor shall act as mayor during the absence or disability 1103 ofthemayor. 104 (Ord. No. 287-C, §1,8-17-1998) 105 Sec. 2.04. Disqualification and forfeiture of office. 106 Thecouncilshall bethejudge ofthe disqualification of its members andofthe 107 groundsforforfeiture oftheiroffice. Forfeiture ofoffice bya council membershallbe 108 limited tothefollowing: 109 (1) Permanent inabilityto perform officialduties. iio (2) Conviction ofafelony. Created: 2623-69-2810:59:86 [EST] (Supp. No. 14) Page4of25

2024 Charter Review Committee Licata Proposat iii (3) Neglect of duty for failure to attend a majority of council meetings within the 112 immediate priorsix(6) months'term ofofficewithoutjustcause. 113 (4) Council member no longer meets residency requirements of having primary 114 residence within the city limits.115 A member charged with conduct constituting grounds for forfeiture of his or her office 116 shallbeentitled to a public hearingon demand and notice ofsuch hearingshallbe 117 published in one (1) ormore newspapers ofgeneralcirculation in thecityat Least one(1) 118 weekinadvance ofthe hearing. Forfeiture ofoffice shall requirenot lessthana four-fifths 119 (4/s)voteoftheentirecouncil. 120 (Res.No.90-13,§1,10-15-1990;Ord.No.287-A, 10-15-1990; Ord. No. 287-B, 9-11-1995; 121 Ord.No. 828 §1,6-4-2012/11-6-2012) 122 Sec. 2.05. Compensation and expenses.123 NQlaterthanF^ 1124 members.s_hall^_$.750.p^gge_djtQJnflatlQiLm^Q24jjQlLa^^ and mayor orvice-mayor by 125 ordinance, butnoordinance increasingsuchsalaryshallbeconne effectiveuntilthe 126 commencementofthefiscalyear. 127 Council members, chair, city attorney, and mayor shall receive theiractualand 128 necessaryexpenses incurred inthe performance oftheirdutiesofofficeasprovided by 129 Law. 1130 NQj3tej_Uian_FY^.026_th.e_CQun£iLby..ordinance^halldeterniLnMi^ 1131 oLthejnayor. city attorney, and chair respectively. Any increas^^riedyAiojlotttiesj& 1132 salaries shalL not take effect until the subsequent term of office respectively. 133 Thevjce chairjs.honorificandcarrjesnodutiesQr.c^^ |134135 (Res.No. 90-13, §1,10-15-1990) 136 Sec.2.06. Election. 137 All municipal elections shall be conducted and vacancies fiLLed in accordance with 138 the provisionsofF.S. chs. 97—106, inclusive, knownasthe Florida Election Code,and as Created: 2023-09-20 18:59:06 [EST] (Supp. No. 14) Page5of25

2024 Charter Review Committee Licata Proposal 139 maybeamended, exceptas provided ormodified bythe citycharter, itsamendments or 140 ordinances. 141 Sec.2.07. Electors. 142 Anypersonwho isa residentofthe city, andwho isquatified as an electorofthisstate 143 and who registered inthe proceduralmanner prescribed bygeneral lawand ordinance of 144 the city, shall be an etector of the city. 145 State law reference(s)—Qualificationsfor municipal elector, F.S. §1 66.032. 146 Sec.2.08. Nominations. 147 Candidates for the offices of city councit shall be nominated for such office by the 148 filingofawritten noticeofcandidacywiththedesignated cityofficialatsuchtimeand in 149 such manneras may be prescribed bygenerallawand ordinance. 150 Sec.2.09. Formofballots. 151 The council, by resolution, shall prescribe the form of ballot, including the method of 152 listing candidates for city council and any other city election, in accordance with the 153 provisionsofFtorida Statutes. Acharteramendmentor referendum questiontobevoted 154 on bythecityelectorsshallbe presentedtothevoters by ballottitle.The ballottitle ofthe 155 measure maydifferfrom its legattitle and shallbea clear, concisestatementdescribing 156 the substance ofthe measurewithoutargumentorprejudice. 157 (Ord. No. 287-D, 7-3-2000) 158 Sec.2.10.Candidates. 159 (a) One (1) single candidate: Inthe eventthatno morethanone (1) person qualifiesasa 160 candidate, eitherforballotlistingorwrite-in,fora designatedseatonthe citycouncil, 161 that seat or office shatt not be listed on the regular city election ballot. The city council 162 byresolution shalldesignatethe qualified candidate asthecouncilmemberforthe 163 designated seat. 164 (b) One(1)candidateforeachopenseat: Inthe eventthatatltheseatsscheduled for 165 election have onlyone (1) candidate qualify, the citycouncit, bya resolution, shaLl »-se-40-s9-eHLKq. (Supp. No. 14) Page6of25

2024 Charter Review Committee Licata Proposal 166 dectarethatnoetectionshallbe held andthequatified candidateshallfillthe 167 designated seat. 168 (Ord. No. 287-B, 9-1 1 -1995; Ord. No. 287-F, § 1, 8-21 -2006) 169 Sec. 2.11. Nonpartisan elections. 170 ALlnominations and electionsforthe offices ofcitycouncilshallbeconducted on a 171 nonpartisan basiswithoutregardfor, ordesignation of, poLiticalpartyaffiliation ofany 172 nominee on any nomination petition or ballot.173 (Ord. No. 287-F, § 1, 8-21 -2006) 174 Sec.2.12. Procedure. 175 (a) Meef/ng':The councilshall meet regutartyatleastonce inevery monthatsuchtimes 176 and places asthe councilmayprescribe byrute. Specialmeetings may be held on the 177 cal[oftheffl«yet-Chairprofa majorityofthe members and,wheneverpracticable,178 upon no less than twenty-four (24) hours' notice to each member and the public. All 179 meetings shatlbe pubtic. 180 (b) Rules in general: The council shall determine its own rules and the fftayei-Chair shall 181 settheorderofbusinessforeach meeting. 182 (c) l/ot/ng:Votingon ordinances and resolutionsshallbe byrollcalland shalt be recorded inthejournal. Amajorityofthecouncilshallconstituteaquorum; buta smaller number may adjourn from time to time and may compelthe attendance of absent membersinthe mannerand subjecttothe penalties prescribed bythe rules ofthecouncil. Noaction ofthecouncilshallbevalid orbindingunless adopted bythe affirmativevoteofthe majorityofa quorum present, exceptasmaybemore specifically described in this charter. 183 184 185 186 187 188 189 190 (Ord. No. 287-A, 10-15-1990; Ord. No. 287-F, § 1, 8-21-2006) Created: 2023-09-2810:59:06 [ EST] (Supp.No.14) Page7of25

2024 Charter Review Committee Licata Proposal 191 Sec 192 (a) 193 194 195 (b) 196 197 198 199 (C) 200 201 202 203 (1) 204 205 206 207 208 (2) 209 210 211 212 213 214 (4) 215 216 217 (3) . 2.13. Ordinances in general. [Definitions:] "Ordinance" means an official, legistativeactionofthe councit, which action is a regulation of a general and permanent nature and enforceable as a local law. [Form, procedure generally:] Ordinances, includingthe form, procedure, effectivedate, action required in ordinance, emergency ordinances, emergency appropriations, budget adoption, reduction of appropriation and limitations shall be as prescribed by generallaw. Emergencyordinances:^o meeta public emergencyaffectinglife, health, property, welfareorthe public peace, the council mayadoptone (1) or moreemergency ordinances, but such ordinance may not levy taxes, grant, renew or extend, a franchise, [or] set service or user charges for any municipalservices. Form/An emergencyordinance shallbe introduced inthe form and manner prescribed for ordinances generally, except that it shall be ptainly designated in the preamble as an emergency ordinance and shall contain, afterthe enactment clause, a declaration statingthatan emergencyexists and describing itinclearand specific terms. Procedure: M emergencyordinance maybeadoptedwith orwithoutamendment or rejected at the meeting at which it is introduced, but the affirmative vote of at [east three-fifths (%) of all the council shall be required for adoption. After its adoption, the ordinanceshaltbe printed and publishedas prescribedforotheradopted ordinances. Effective date: Emergencyordinancesshallbecome effectiveuponadoption or at such other date as may be specified in the ordinance. Repeal: Every emergency ordinance except emergency appropriations shall automaticallystand repealed as ofthe 61stdayfollowingthedateonwhich itwas adopted, butthis shallnotpreventre-enactmentoftheordinance underregular procedures, or ifthe emergencystillexists, inthe manner specified inthis section.An Created: 2023-89-2810:59:67 [EST] (Supp. No. 14) Page8of25

2024 Charter Review Committee Licata Proposal 218 emergencyordinance mayalso be repealed bythe adoption ofa repealingordinance 219 in the same mannerspecified inthis sectionforadoption ofemergencyordinances. 220 (5) Fmerg'encyapp/'opr/af/ons/The councilmaymake emergencyappropriations in 221 the manner provided in this section. To meet such appropriations, the council 222 may, by such emergency ordinance, authorize the issuance ofemergency notes 223 which may be renewed from time to time, but the emergency notes and renewaLs 224 ofanyfiscalyearshallbepaid notlaterthanthe lastdayofthefiscalyearnext 225 succeedingthatinwhichthe emergencyappropriationwas made. 226 (Ord. No. 287-F, § 1, 8-21-2006) 227 State law reference(s)—Ordinance adoption procedure, F.S. § 166.041. 228 Sec.2.14. Budgetadoption. 229 Thecouncilshall, byordinance, adoptthe budgeton orbeforethe 30th dayof 230 September of each year. If it fails to adopt a budget by this date, the council, by resolution, 231 may direct that the amounts appropriated for current operation forthe current fiscal year 232 shallbe deemed adoptedforthe ensuingfiscalyearfora periodoffifteen (15)daysand 233 renewed by resolution each fifteen (15) days with all items in it prorated accordingly, until 234 suchtime asthe counciladopts a budgetforthe ensuingfiscalyear. An ordinance 235 adopting an annual budget shalt constitute appropriations ofthe amounts specified 236 therein as expenditures from the funds indicated. 237 State law reference(s)—Method of fixing millage and budget adoption procedure, F.S. § 238 200.065; preparation and adoption of budget, F.S. § 129.03. 239 Sec. 2.15.Appropriations amendments duringthefiscalyear. 240 (a) Budgef7'/-ansfers;Withtheapprovatofcouncilanysumappropriated during afiscal 241 yearwithin thevarious departments andfunds ofthe cityforaparticularuse(s), which 242 arenot required forsuch use(s), maybe applied to otherexpenses ofthedepartment 243 towhich said sums are appropriated ortothefund fromwhich itwas appropriated. Created: 2823-09-20 10:59:07 [EST] (Supp. No. 14) Page9of25

2024 Charter Review Committee Licata Proposal 244 (b) Budgetover-expenditures: Departmentalappropriationsmaynot be exceeded without 245 theconsentand approvalofcouncilandtransferoftheadditionalfundsfromreserve 246 for contingencies or other sources. 247 (c) Ac/c//f/ona(rei/enue-supp/emenfa/approp/-/at/ons; Ifduringthefiscalyear, revenuesin 248 excess of those estimated in the budget, are available for appropriation, the council, 249 byordinance, maymakesupplementalappropriationsfortheyearuptotheamount of 250 suchexcess. 251 (d) Insufficientrevenues-reduction ofappropriations: If, at anytime, duringthefiscat 252 year, itappears probabletothe citymanagerthatthe revenues avaitablewill be 253 insufficientto meetthe amountappropriated, he orsheshallreporttothe council 254 withoutdelay, indicatingtheestimated amountofthe deficit, any remedialaction 255 taken by him/her and his or her recommendations as to any other steps to be taken. 256 The councit shall then take such further action as it deems necessaryto prevent or 257 minimizeanydeficitand forthat purpose it may, byordinance, reduceone (1)ormore258 appropnations. 259 (e) Limitations; effective date: No appropriation for debt service may be reduced or 260 transferred, and no appropriation maybe reduced betowanyamountrequired bylaw261 to be appropriated or bymorethanthe amountofthe unencumbered balancethereof. 262 Thesupplementaland emergencyappropriations and reductionortransferof263 appropriations authorized bythis section may be made effectiveimmediatelyupon 264 adoption. 265 (Res. No. 90-13, § 1, 1 0-15-1990; Ord. No. 287-D, 7-3-2000; Ord. No. 287-F, § 1,8-21 -2006; 266 Ord.No. 919, §1,3-2-2020) 267 Sec.2.16.Authentication, recordingand disposition ofcharteramendments,268 ordinancesand resolutions. 269 (a) Authentication: The presiding officer of the counciLC.hairand the city clerk shaLl 270 authenticate bytheirsignatures allordinances and resolutions adopted bythe 1271 council. Thj3Chalr_shall.au.tMrmcate.aiid_ovemde^Jj3^ Created: 2023-89-20 18:59:07 [ EST] (Supp. No. 14) Pagel0of25

2024 Charter Review Committee Licata Proposal 272 print. In addition,when charteramendments have beenapproved bytheelectors, the 273 presidingofficerChairofthe council, andthe cityclerkshall authenticate bytheir 274 signaturethe charteramendment, such authenticationto reflectthe approvalofthe 275 charter amendment by the electorate. 276 (b) Recording: The city clerk shall keep properly indexed books in which all ordinances 277 and resolutions passed bythe council shall be recorded i