3-27-24 HandoutsUpcoming 2 years 4 years
Election beyond beyond
Mayor, Seat 1 (Ford)
Seat 2 (Bole)
Seat 3 (Waters)
Seat 4 (Kelly)
Seat 5 (Ring)
Seat 6 (at large)
Seat 7 (at large)
FACT
The majority of commissioners would still be elected every year
PRO
1. The majority of commissioners would still be elected every year
2. Seats 2, 3, 4, and 5 would be elected by only those voters in those respective districts
allowing for direct representation instead of some geographical residency
requirement.
3. At large candidates would be elected citywide.
4. People wanting to run for office but not wanting to run against an incumbent doing a
good job, would have the opportunity to run for an at large seat from anywhere in the
city.
S. The potential for excessive provincialism with having four district elected
commissioners would be somewhat offset by the mayor and two at large
commissioners.
6. Would hopefully lead to more citizen participation.
1. Would be more expensive i.e. added salaries, etc.
2. May have difficulty getting candidates to fill all of the races. (possible impact of Form
6?)
3. Potentially confusing to the electorate
4. The larger the legislative body the more unwieldy it is.
Sec. 14. Induction of city commission into office; meetings of the city commission.
After each primary election or general election (as applicable) the newly elected city commissioners shall
assume the duties of office at the regularly scheduled meeting of the city commission held on the second Monday
in Nevembef-December provided that the Supervisor of Elections has certified the election results. If the election
results for any contested city commission seat cannot be certified prior to the meeting to be held on the second
Monday in NevenwberDecember, then any newly elected city commissioners shall assume the duties of office at
the next regularly scheduled meeting of the city commission following receipt of the certified election results from
the Supervisor of Elections. Until the newly elected city commissioners assume the duties of office, the previous
sitting city commissioners shall remain in office. All other regular meetings of the city commission shall be fixed by
ordinance, but there shall not be less than one regular meeting each month. Except as provided by Florida's
Government -in -the -Sunshine Law (F.S. 286.011), all meetings of the city commission shall be open to the public.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15; Ord. No. 33-17-23, § 1(Exh. A), 11-13-17)
ARTICLE XVIII. WHEN ACT TAKES EFFECT AND PERIODIC REVIEW
Sec. 79. Effective date of Act.
This Act shall go into effect subject to the referendum and in accordance with state law under F.S. 166.031.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 80. Effect of changes in state law.
In the event of changes in state law which are in conflict with any provisions of this Charter, state law shall
prevail.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 81. Periodic review
A Charter Review Committee consisting of at least nine (9) and no more than fifteen (15) electors of the City
shall be appointed by the City Commission every eight (8) years to review the City Charter and propose any
amendments or revisions, which may be advisable for placement on the FegelaF- general municipal election ballot.
The City Commission shall appoint the Charter Review Committee in 1anuaW-Februaryof the year
immediately preceding the election with a definite and specific charge. The Charter Review Committee shall meet
for the purpose of organization within thirty (30) days after the appointments have been made. The Charter
Review Committee shall elect a chair and vice chair from among its membership. Further meetings of the Charter
Review Committee shall be held upon the call of the chair or a majority of the members of the Charter Review
Committee. All meetings shall be open to the public. No Charter amendment or revision shall be submitted to the
electorate for adoption unless favorably voted upon by a majority of the entire membership of the Charter Review
Committee.
No later than one -hundred and eighty (180) days prior to the fegelaF general municipal election, the Charter
Review Committee shall deliver to the City Commission the proposed amendments or revisions, if any, to the City
Charter. Each proposed amendment shall embrace but one subject and matter directly connected therewith. The
City Commission may by reselut+en ordinance place such amendments or revisions as approved by the Charter
Review Committee on the next fegulaF-general municipal election ballot. If a majority of the electors voting on the
(Supp. No. 48)
Page 1 of 2
Created: 2023-03-29 12:45:57 [EST]
amendments or revisions favor adoption, such amendments or revisions shall become effective on January 1 of the
succeeding year or such other time as the amendment or revision shall provide.
If the Charter Review Committee does not submit any proposed Charter amendments or revisions to the City
Commission at least one -hundred and eighty (180) days prior to the b*laF- eneral municipal election, the
Charter Review Committee shall be automatically dissolved. Otherwise, upon acceptance, further amendment or
rejection of the proposed amendments or revisions by the City Commission, the Charter Review Committee shall
be automatically dissolved.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
(Supp. No. 48)
Page 2 of 2
Created: 2023-03-29 12:45:59 [EST]
As of March 26, 2024
CHARTER REVIEW COMMITTEE RECOMMENDATIONS
ARTICLE II. - THE COMMISSION
Sec. 5. - Number of commissioners; selection; term.
APRIL 26, 2023 meeting
MOTION: Upon further review of the 2007 Representation Study Committee Report, I
so move to continue district representation in Atlantic Beach as recommendation by the
District Representation Committee, accepted by the City Commission, and approved by
majority vote in the 2007 city-wide referendum that each commission member live in the
district/precinct from which he or she runs and that the candidates be voted on citywide.
The districts should be equal in population and to the degree possible should maintain
the integrity of neighborhoods and communities of interest.
Sec. 6. - Qualifications and disqualifications.
May 24, 2023
AMENDED MOTION: To extend residency requirement from two years to four years
REVISED 7/26/23 MEETING - MOTION: Shall be full time resident of the city for four
years immediately prior to qualifying and shall be elector in the city for four years.
Sec. 9. - Powers.
(14) Provide for the protection and preservation of parks as follows: Any real property
owned by the city which is used principally or held out for use as a public park, shall be
used only as a public park; and parks shall not be sold, leased long term, gifted,
changed in description or use, or otherwise disposed of; and no structure shall be built in
any such park to accommodate activities not customarily associated with park use or
outdoor recreation; unless such sale, lease disposal, gift or structure is approved by
unanimous vote of the entire city commission.
June 28, 2023
MOTION: change wording for #14 of the powers "is approved by unanimous vote of the
entire city commission." to "vote by referendum".
February 28, 2024
MOTION: Add "(15) Exercise a44y authority permitted by law for the protection and
preservation of beaches, marshes, maritime tree canopy, and property through
environmental stewardship, resilienGe, and SUStaiRability Fneasures."
Sec. 10. -Appointment of city manager.
The city commission shall appoint an administrative officer of the city, who shall have the
title of city manager, who shall have the powers and perform the duties provided in this
Charter and who shall be compensated at a rate set by the city commission. No member
of the city commission shall receive such appointment during the term for which the
person shall have been elected, nor within two years after the expiration of the person's
term. In the event the City Manager is removed or incapacitated and unable to appoint a
As of March 26, 2024
substitute as required in Sec. [Section] 24 of this Charter, the city commission shall
appoint someone to perform the duties of the city manager.
July 26, 2023
AMENDED MOTION: The City Commission shall establish clear rules and processes
through ordinance to appoint an administrative officer of the city.....
December 18, 2023
MOTION: section 25 to say "not less than 75% of the voting commissioners"
Sec. 12. - Vacancies in the city commission.
If any vacancy occurs in the city commission, the city commission shall elect, within
fifteen (15) days of the vacancy, by the affirmative votes of not less than three members,
an eligible person as defined in Sec. [Section] 6 of this article to fill the vacancy until the
next primary or general election, as applicable.
February 28, 2024
MOTION: Approve Option B (agenda pages 13-17) — election language consistent with
Jacksonville Beach and Neptune Beach, to which there is a primary only if there are more
than two candidates.
Sec. 14. - Induction of city commission into office; meetings of the city commission.
After each primary election or general election (as applicable), the newly elected city
commissioners shall assume the duties of office at the regularly scheduled meeting of the
city commission held on the second Monday in November provided that the Supervisor of
Elections has certified the election results. If the election results for any contested city
commission seat cannot be certified prior to the meeting to be held on the second Monday
in November, then any newly elected city commissioners shall assume the duties of office
at the next regularly scheduled meeting of the city commission following receipt of the
certified election results from the Supervisor of Elections. Until the newly elected city
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As of March 26, 2024
commissioners assume the duties of office, the previous sitting city commissioners shall
remain in office. All other regular meetings of the city commission shall be fixed by
ordinance, but there shall not be less than one regular meeting each month. Except as
provided by Florida's Government -in -the -Sunshine Law (F.S. 286.011), all meetings of the
city commission shall be open to the public
February 28, 2024
MOTION: Approve Option B (agenda pages 13-17) — election language consistent with
Jacksonville Beach and Neptune Beach, to which there is a primary only if there are more
than two candidates.
ARTICLE III. - THE CITY MANAGER
Sec. 24. - Absence of the city manager.
September 27, 2023
LANGUAGE TO BE PROVIDED BY CITY ATTORNEY at request of Vice Chair Suzanne S.
Sec. 25. - Removal of the city manager.
The city manager shall serve at the pleasure of the city commission. The city
commission may remove the city manager by the affirmative vote of not less than three
(3) of its members.
September 27, 2023
MOTION: The city manager shall serve at the pleasure of the city commission. The city
commission may remove the city manager for any or no reason by the affirmative vote of
not less than four (4) of its members.
December 18, 2023
MOTION: The city manager shall serve at the pleasure of the city commission. The city
commission may remove the city manager for any or no reason by the affirmative vote of
not less than 75% of the voting commissioners.
February 28, 2024
MOTION: To rescind the previous recommended changes made to Sec. 25 and restore
current language.
ARTICLE IV. - THE CITY CLERK
Sec. 28. -Appointment; duties.
The city commission shall appoint an executive officer to serve the city commission and
to assure that all its enactments are effectively carried out. The title of the executive
officer shall be "city clerk" and as such, shall be under the direction of and compensated
at a rate set by the city commission.
The duties of the city clerk shall be to:
(1) Establish and maintain a line of communication with the city manager; and
(2) Prepare an agenda for every commission meeting and a permanent record of each
such meeting; and
As of March 26, 2024
(3) Disseminate information as necessary about activities, findings, or decisions of the
city commission; and
(4) Provide the city commission with information as requested about programs of the city
government; and
(5) Serve as supervisor of election for city elections; and
(6) Serve as custodian of all city records and the seal of the city; and
(7) Administer oaths; and
(8) Conduct such other activities as may be specified by this Charter, the city code or the
city commission.
October 25, 2023
MOTION: Change "Serve as supervisor of election for city elections" to "Serve as filing
officer for city elections"
ARTICLE IX. - ELECTIONS
Sec. 41. - Elections: General.
December 18, 2023
MOTION: amend sections 40 and 41 in accordance with language consistent with
Neptune Beach and Jacksonville Beach after reviewed by attorney and sent to Jerry
Holland for further clarification.
February 28, 2024
MOTION: Approve Option B (agenda pages 13-17) — election language consistent with
Jacksonville Beach and Neptune Beach, to which there is a primary only if there are more than
two candidates.
Sec. 36. - Election regulations.
The city commission shall, by ordinance, make all regulations which it considers necessary, not
inconsistent with this Charter or state law, for the conduct of municipal elections and for the prevention
of fraud therein. (Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 37. - Nonpartisan elections.
All elections for the office of commissioner and mayor -commissioner shall be conducted on a
nonpartisan basis without any designation of political party affiliation. (Ord. No. 33-15-19, § 1(Exh. A), 5-
11-15)
Sec. 38. - Electors; registration.
Any person who is qualified to register to vote and is a resident of Atlantic Beach who has qualified as an
elector of this state, and who registers in the manner prescribed by F.S. Chapter 98 and ordinances of
Atlantic Beach, shall be a qualified elector of the municipality. (Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 39. - Nominations.
Any elector of the city having the additional qualifications and limitations as set forth in Article II, Section
6, may be nominated for a seat in the city commission. Such nomination shall be only by petition. A
petition for this purpose shall be signed by not less than twenty-five (25) qualified electors of the city.
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As of March 26, 2024
The signatures on the nominating petition need not all be subscribed on one paper. Each separate paper
shall have affixed a signed statement of the circulator thereof stating the number of signers of such
paper and that each signature appended thereto was made in the presence of the circulator and is the
genuine signature of the person whose name it purports to be. Each signer, including the circulator, shall
provide his/her place of residence, including the street and number. The form of the nomination petition
shall be substantially as follows:
"We, the undersigned electors of the City of Atlantic Beach hereby nominate whose residence
is for the office of Commissioner, Seat No. to be voted for at the election to be held on
the day of A.D., and we individually certify that our names appear on the
rolls of registered voters, and that we are qualified to vote for a candidate for the city commission.
Name, street, and number address from which last date of registered (if different) signing.
(Spaces for signatures and required date)
STATEMENT OF CIRCULATOR
The undersigned is the circulator of the foregoing paper containing signatures. Each signature
appended thereto was made in my presence and is the genuine signature of the person whose name it
purports to be.
SIGNATURE OF CIRCULATOR
ADDRESS:
Any signature made earlier than forty (40) days prior to the first day of qualifying shall be void. All
petitions must be filed with the city clerk no later than 10 days prior to the qualifying period. The
qualifying period will begin no later than noon on the 71st day (Monday) prior to the geReralrip mary
election and will end at noon on the 67th day (Friday) prior the geReFalrip mary election, as set forth in
Section 99.061(2), Florida Statutes. All other qualifying papers shall be filed as one instrument with the
city clerk during the qualifying period. The city clerk shall make a record of the exact time at which each
petition is filed, and shall take and preserve the name and address of the person by whom it is filed. No
nominating petition shall be accepted unless accompanied by a signed acceptance of the nomination in
substantially the following form:
"ACCEPTANCE OF NOMINATION
I hereby accept the nomination for Seat No
elected.
SIGNATURE OF CANDIDATE
on the city commission and agree to serve if
Within two days after the filing of a nominating petition, the city clerk shall notify the candidate and the
person who filed the petition whether or not it is found to be signed by the required number of qualified
electors. If a petition is found insufficient, the city clerk shall return it immediately to the person who
filed it with a statement certifying wherein the petition is found insufficient. Within the regular time for
filing petitions, such a petition may be amended and filed again as a new petition, in which case the time
As of March 26, 2024
of the first filing shall be disregarded in determining the validity of signatures thereon, or a different
petition may be filed for the same candidate. The petition of each person nominated to be a member of
the city commission shall be preserved by the city clerk until the expiration of the term of office for
which the candidate has been nominated. (Ord. No. 33-15-19, § 1(Exh. A), 5-11-15; Ord. No. 33-17-23, §
1(Exh. A), 11-13-17)
Sec. 40. - Elections:
Primary.
BeaElWhen more than two (2) candidates are running for the same elective office, the primary election
shall be held only for the municipal offices that have more than two candidates running for the same
seat. Such primary election shall be set in accordance with Section 100.061, Florida Statutes for that year
for each seat on the city commission which shall become vacant on the second Monday in November of
the same year, or when the newly elected city commissioners assume the duties of office in accordance
with Sec. 14 of this Charter. If at the primary election, a candidate receives a maiority of all votes cast, he
or she shall be declared elected of office and his or her name shall not be placed on the ballot in the
general election. In the event that a candidate does not receive a maiority of all the votes cast in the
primary election, then the names of the candidates placing first and second shall be placed on the ballot
in the general election.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15; Ord. No. 33-17-22, § 2, 10-23-17; Ord. No. 33-17-23, § 1(Exh.
A), 11-13-17)
Sec. 41. - Elections: General.
Beginning with the yeaF 2019 next election after adoption:
FleFida's GeneFal FleefieR When two (2) candidates are
running for the same elective office, the general election shall be set according to Section 100.031,
Florida Statutes for that year for each seat on the city commission which shall become vacant on the
second Monday in November of the same year, or when the newly elected city commissioners assume
the duties of office in accordance with Sec. 14 of this Charter. The candidate or nominee receiving the
PIUFality maiority of votes cast for each seat at such general election shall be declared elected. In the
event of a tie between two candidates in the general election the candidates shall draw lots in
accordance with Florida Statutes to determine the winner.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15; Ord. No. 33-17-22, § 2, 10-23-17; Ord. No. 33-17-23, § 1(Exh.
A),11-13-17)
Sec. 42. - Elections: Absentee voting.
Except as herein specifically provided all elections and absentee voting in the city shall be conducted in
accordance with the provisions of F.S. Chapter 101. (Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
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As of March 26, 2024
Sec. 43. - Elections: Canvassing board, duties.
The City of Atlantic Beach delegates the election canvassing responsibilities for all city elections to the
Duval County Canvassing Board. The Canvassing Board may meet in Atlantic Beach, or at a location as
decided by the Duval County Canvassing Board in a building accessible to the public to publicly canvass
the absentee electors' ballots and provisional ballots as provided for in Florida Statutes. Public notice of
canvassing shall be given at least 48 hours in advance in a publication of general circulation in the City of
Atlantic Beach. The canvass shall be made from the returns and certificates of the inspectors as signed
and filed by them. The canvassing board shall submit to the Supervisor of Elections the preliminary
returns by 11:59 pm on election night. See Chapters 101 and 102, Florida Statutes for a complete listing
of Canvassing Board duties. After each city election, the Canvassing Board shall issue an official
Certification of Election to the city clerk. The clerk shall provide a certificate of election to the candidates
elected.
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