Florida HB 4003: Riviera Beach Utilities Special District Intracoastal Critical Water Main Replacement

Bill Text

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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

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An act relating to the City of Marco Island, Collier 2
County; amending the City of Marco Island Charter, 3
created by chapter 97-367, Laws of Florida, and as 4
amended by local ordinances; requiring a special 5
election be held to fill any vacancy on the city 6
council upon a resolution adopted by the council; 7
providing an exception for vacancies occurring within 8
1 year before a general election; revising the 9
circumstances under which the Governor is required to 10
fill vacancies; providing for the Governor to call a 11
special election in certain circumstances; requiring a 12
referendum; providing effective dates. 13
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Be It Enacted by the Legislature of the State of Florida: 15
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Section 1. Subsection (3) of section 3.05 of Article III 17
of chapter 97-367, Laws of Florida, as amended by City of Marco 18
Island Ordinance No. 02-20 and City of Marco Island Ordinance 19
No. 09-15, is amended to read: 20
ARTICLE III - LEGISLATIVE 21
Section 3.05 – Vacancies. 22
(3)(a) A vacancy on the Council shall be filled by holding 23
a special election for the unexpired term to be called by the 24
city clerk upon a resolution adopted by the Council. The special 25

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election shall be held within 130 days after the occurrence of 26
the vacancy, unless the vacancy occurs within one (1) year 27
before a general election of city officials, in which event the 28
Council shall, within 60 days after the occurrence of such 29
vacancy, by a majority vote, appoint a citizen who meets the 30
requirements for qualification under section 5.03(1) of the 31
Charter who shall hold office until the next general election. 32
(b) If four or more Council vacancies occur at one time or 33
the Council does not appoint a qualified citizen to fill a 34
vacancy within 60 days when appointment is required by paragraph 35
(a), the Governor shall fill such vacancies until successors are 36
chosen at the next regular election. 37
(c) If the Council does not adopt a resolution to call a 38
special election within 30 days after the occurrence of the 39
vacancy when a special election is required by paragraph (a), 40
the Governor shall call a special election within 10 days. as 41
follows: 42
(a) If a vacancy occurs and the remainder of the unexpired 43
term is 28 months or less, the remaining Council Members shall, 44
within sixty (60) days following the occurrence of such vacancy, 45
by majority vote of the Council Members, appoint a person to 46
fill the vacancy for the remainder of the unexpired term. 47
(b) If the remainder of the unexpired term exceeds 28 48
months, the remaining Council Members shall, within sixty (60) 49
days following the occurrence of such vacancy, by majority vote 50

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of the Council Members seated, appoint a person to fill the 51
vacancy until the next regularly scheduled City election at 52
which the balance of the term for the seat shall be filled in 53
accordance with Article V. 54
(c) If four or more Council vacancies occur at one time, 55
the Governor shall fill such vacancies until successors are 56
chosen at the next regular election. 57
Section 2. Referendum election.— 58
(1) A referendum on the adoption of section 1 of this act 59
shall be held on November 3, 2026, concurrent with the 2026 60
general election. 61
(2) The ballot title for the referendum question shall be 62
in substantially the following form: "REVISIONS TO CITY OF MARCO 63
ISLAND'S PROCEDURES FOR FILLING VACANT CITY COUNCIL SEATS." 64
(3) The referendum question shall be placed on the ballot 65
in substantially the following form: 66
Shall Chapter 2026-___, Laws of Florida, amending the 67
charter of the City of Marco Island to require a special 68
election to fill a Council vacancy, unless the vacancy 69
occurs within 1 year before a general election, in which 70
event the Council shall appoint a qualified citizen to hold 71
office until the next general election; and to provide for 72
the Governor to call a special election or appoint a 73
Council member in certain circumstances, become effective? 74
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( ) YES. 76
( ) NO. 77
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(4) The referendum shall be conducted by the Supervisor of 79
Elections of Collier County in accordance with the Florida 80
Election Code. 81
Section 3.