Notification sent to Secretary of State about Charter ChangesApril 3, 2025
Florida Department of State
Administrative Code and Register
R.A. Gray Building
500 South Bronaugh St.
Tallahassee, FL 32399
Re: City of Atlantic Beach Charter Revisions
City of Atlantic Beach
OFFICE OF THE CITY CLERK
800 Seminole Road
Atlantic Beach, Florida 32233-5445
Telephone (904) 247-5810
Fax (904) 247-5846
www.coab.us
Enclosed are copies of Ordinance Nos. 33-24-25, 33-24-26, 33-24-27, 33-24-28, 33-24-
29, and 33-24-30 which resulted in referenda to amend the City's charter. It was adopted
by the majority of the electors at the Primary Election held on November 5, 2024. A copy
of the revised City of Atlantic Beach Charter is also enclosed.
Please accept this copy for submitting and filing with the State to satisfy the requirements
in Florida Statute 166.031(2).
If you have any questions or need additional information, please call me.
Sincerely, r/� th
dd'f4t41,
Donna L. Bartle, MMC
City Clerk
Enclosures:
Ordinance No. 33-24-25
Ordinance No. 33-24-26
Ordinance No. 33-24-27
Ordinance No. 33-24-28
Ordinance No. 33-24-29
Ordinance No. 33-24-30
Revised Atlantic Beach Charter
ORDINANCE NO. 33-24-25
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA
PROPOSING AN AMENDMENT TO THE CHARTER OF THE CITY OF
ATLANTIC BEACH ARTICLE II, THE COMMISSION, SEC. 6 —
POWERS; SUBMITTING THE AMENDMENT TO THE CHARTER FOR
CONSIDERATION BY THE ELECTORS OF THE CITY FOR APPROVAL
OR DISAPPROVAL; PROVIDING FOR THE APPEARANCE OF THE
CHARTER AMENDMENT ON THE BALLOT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Atlantic Beach, Florida, after receiving input from the Charter
Review Committee and from its citizens, finds that the proposed amendment to the City Charter
as attached to this Ordinance should be submitted to the qualified electors of the City of Atlantic
Beach for consideration; and
WHEREAS, the City of Atlantic Beach, appreciates the diligent efforts of the Charter
Review Committee comprised of: Bruce Andrews, Debbie Buckland, Charles "Chip" Drysdale,
Kelly Elmore, Ellen Golombek, Kirk Hansen, Mitchell Reeves, Suzanne Shaughnessy, Jennifer
Lagner, Dawn Scott, Steve Swann, and Donald Young pursuant to and under the Chairmanship
of William "Bill" Gulliford; and
WHEREAS, the City Commission of the City of Atlantic Beach, Florida finds that the
adoption of this Ordinance is in the best interest of Atlantic Beach, Florida and its citizens.
NOW THEREFORE, BE IT ENACTED by the City Commission on behalf of the people
of the City of Atlantic Beach, Florida:
SECTION 1. Proposed Amendment to Charter. The City Commission of the City of
Atlantic Beach, Florida hereby proposes the following amendment to the City Charter:
Article II — The Commission
Sec. 6 — Qualifications and disqualifications, to modify the number of years that a
full -rime resident and elector must reside in the City in order to qualify for running
for city commission from two (2) years to four (4) years prior to qualifying,
all as set forth in Exhibit A attached hereto and incorporated herein by reference, which, if
approved by the qualified electors of the City, would replace the former provision of Section 6 of
the City Charter.
SECTION 2. Submission of Charter Amendment to Public Referendum. The
amendment to the Charter of the City of Atlantic Beach, Florida set forth in the attached Exhibit
A shall be submitted to public referendum at the next general election held in the City of Atlantic
Beach, Florida for approval or disapproval by the qualified electors of the City.
SECTION 3. An ; )earance of Charter Amendments on Ballot.
a. The ballot title to be used in said election shall be as follows:
Ordinance No. 33-24-25 Page 1 of 3
PROPOSED AMENDMENT TO THE ATLANTIC BEACH CITY CHARTER
MODIFYING THE RESIDENCY REQUIREMENT FOR CITY COMMISSION
b. The ballot summary shall be'as follows:
Shall the qualifications provisions set forth in Section 6 of the Atlantic Beach City
Charter be modified to require that a full-time resident and elector seeking to run
for city commission must reside in the City of Atlantic Beach for at least four (4)
years (instead of two (2) years) prior to qualification, be adopted?
Below the summary shall appear the following:
YES NO
SECTION 4. Effective Date. The proposed amendment to the Charter of the City of
Atlantic Beach shall become effective upon approval by the electors of the City and shall be filed
with the Florida Department of State as required by law.
PASSED by the City Commission on first reading, this day of June, 2024.
PASSED by the City Commission on second and final reading, this 5Uday of July, 2024.
CITY OF ATLANTIC BEACH
ATTEST:
Donna L. Bartle, City Clerk
Approved as to form and correctness:
Jaen R. ries, City Attorney
.</
�s Ford, Mayor
Ordinance No. 33-24-25 Page 2 of 3
EXHIBIT A
Proposed Amendment to Section 6 of Article II
of the City Charter
CITY OF ATLANTIC BEACH
CHARTER
ARTICLE II. — THE COMMISSION
***
Sec. 6. Qualifications and disqualifications.
Members of the city commission shall have been full-time residents and electors of the city for at
least twe four years immediately prior to qualifying. - . • _ - - - - - - = - . Full-time
residency shall be defined as the person's principal place of abode during the year. Members of the
city commission shall not hold any other elective office. Any member of the city commission
ceasing to possess the foregoing qualifications or who shall have been convicted of a crime
punishable by more than one (1) year of imprisonment or a crime involving moral turpitude, shall
forfeit the seat prior to the next meeting of the city commission. Absence from four consecutive
regular meetings of the city commission shall operate to vacate the seat of a member, unless the
member's absence is excused by the city commission by a resolution setting forth the fact of such
excuse duly entered upon the minutes.
Words sen are deletions; words underlined are additions.
Ordinance No. 33-24-25 Page 3 of 3
ORDINANCE NO. 33-24-26
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA
PROPOSING AN AMENDMENT TO THE CHARTER OF THE CITY OF
ATLANTIC BEACH ARTICLE II, THE COMMISSION, SEC. 9 —
POWERS; SUBMITTING THE AMENDMENT TO THE CHARTER FOR
CONSIDERATION BY THE ELECTORS OF THE CITY FOR APPROVAL
OR DISAPPROVAL; PROVIDING FOR THE APPEARANCE OF THE
CHARTER AMENDMENT ON THE BALLOT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Atlantic Beach, Florida, after receiving input from the Charter
Review Committee and from its citizens, finds that the proposed amendment to the City Charter
as attached to this Ordinance should be submitted to the qualified electors of the City of Atlantic
Beach for consideration; and
WHEREAS, the City of Atlantic Beach, appreciates the diligent efforts of the Charter
Review Committee comprised of: Bruce Andrews, Debbie Buckland, Charles "Chip" Drysdale,
Kelly Elmore, Ellen Golombek, Kirk Hansen, Mitchell Reeves, Suzanne Shaughnessy, Jennifer
Lagner, Dawn Scott, Steve Swann, and Donald Young pursuant to and under the Chairmanship
of William "Bill" Gulliford; and
WHEREAS, the City Commission of the City of Atlantic Beach, Florida finds that the
adoption of this Ordinance is in the best interest of Atlantic Beach, Florida and its citizens.
NOW THEREFORE, BE IT ENACTED by the City Commission on behalf of the people
of the City of Atlantic Beach, Florida:
SECTION 1. Proposed Amendment to Charter. The City Commission of the City of
Atlantic Beach, Florida hereby proposes the following amendment to the City Charter:
Article II — The Commission
Sec. 9 — Powers, to include a new provision adding the power as permitted by law
for the Commission to protect and preserve the City's beaches, marshes, maritime
tree canopy and property through environmental stewardship,
all as set forth in Exhibit A attached hereto and incorporated herein by reference, which, if
approved by the qualified electors of the City, would replace the former provision of Section 9 of
the City Charter.
SECTION 2. Submission of Charter Amendment to Public Referendum. The
amendment to the Charter of the City of Atlantic Beach, Florida set forth in the attached Exhibit
A shall be submitted to public referendum at the next general election held in the City of Atlantic
Beach, Florida for approval or disapproval by the qualified electors of the City.
SECTION 3. Appearance of Charter Amendments on Ballot.
a. The ballot title to be used in said election shall be as follows:
Ordinance No. 33-24-26 Page 1 of 4
PROPOSED AMENDMENT TO THE ATLANTIC BEACH CITY CHARTER
ADDING ENVIRONMENTAL STEWARDSHIP TO ITS POWERS
b. The ballot summary shall be as follows:
Shall the Powers set forth in Section 9 of the Atlantic Beach City Charter be
modified to add that the City Commission shall have the authority to, as permitted
by law, protect and preserve the City's beaches, marshes, maritime tree canopy,
and property through environmental stewardship, be adopted?
Below the summary shall appear the following:
YES NO
SECTION 4. Effective Date. The proposed amendment to the Charter of the City of
Atlantic Beach shall become effective upon approval by the electors of the City and shall be filed
with the Florida Department of State as required by law.
PASSED by the City Commission on first reading, this 2'/'day of June, 2024.
PASSED by the City Commission on second and final reading, this day of July, 2024.
CITY OF ATL: ' ti TIC BEACH
I
.r/
Curtis Fon , Mayor
ATTEST: /�
0(147/4/4/ ?7 f'
Donna L. Bartle, City Clerk
Approved as to form and correctness:
Jason Its abi el, City Attorney
Ordinance No. 33-24-26
Page 2 of 4
EXHIBIT A
Proposed Amendment to Section 9 of Article II
of the City Charter
CITY OF ATLANTIC BEACH
CHARTER
ARTICLE II. — THE COMMISSION
***
Sec. 9. Powers.
Except as may be otherwise provided in this Charter, all powers of the city and the
determination of all matters of policy shall be vested in the city commission. Without limitation
of the foregoing, the city commission shall have power to:
(1) Adopt a budget;
(2) Authorize the issuance of bonds, revenue certificates, and other evidences of indebtedness;
(3) Establish or abolish official boards and elect the members thereof as recommended by the
mayor;
(4) Adopt and modify the official map of the city;
(5) Regulate and restrict the height, number of stories, and size of buildings and other
structures, the percentage of a lot that may be occupied, the size of yards, courts, and other open
spaces, the density of population, and the location and use of buildings, structures, and land and
water for trade, industry, residence or other purposes;
(6) Provide for an independent audit;
(7) Pass ordinances and laws for the preservation of the public peace and order and impose
penalties for the violation thereof; provided that the maximum penalty to be imposed shall be a
fine of not more than one thousand dollars ($1,000.00) and imprisonment for a period of time not
longer than ninety (90) days, or as otherwise provided for by Florida Statutes;
(8) Lease golf courses, hospitals and airports, or any portion thereof, after the city commission
has passed an ordinance authorizing any such lease;
(9) Sell golf courses and the public utility system, or any portion thereof, now owned by the
city or hereafter acquired by it after the city commission has passed an ordinance that: (a) there is
a finding that public welfare no longer requires the operation of any such facility; and (b) the terms
of sale of real property within the city limits are stated; and (c) after such ordinance has been
submitted to the qualified voters of the city at an election called for that purpose;
Ordinance No. 33-24-26 Page 3 of 4
(10) Provide rules and regulations for all purchases and sales made for and in behalf of the city;
(11) Appoint, remove and fix the compensation of all officers and employees appointed by the
city commission as hereinafter provided; the city commission shall perform an annual performance
review of the city clerk, city manager and city attorney;
(12) Exercise any right or authority given or permitted by the Constitution and the laws of the
State of Florida to city commissions not inconsistent with the provisions of this Charter,;.
(13) The mayor pro tempore shall be appointed by the city commission from its members:; and
(14) Provide for the protection and preservation of parks as follow: 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:; and
(15) Exercise authority permitted by law for the protection and preservation of beaches._
marshes. maritime tree canoLn , and nronerty throw_h environmental stewardship.
Words stricken are deletions; words underlined are additions.
Ordinance No. 33-24-26 Page 4 of 4
ORDINANCE NO. 33-24-27
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA
PROPOSING AN AMENDMENT TO THE CHARTER OF THE CITY OF
ATLANTIC BEACH ARTICLE IV, THE CITY CLERK, SEC. 28 —
APPOINTMENT; DUTIES; SUBMITTING THE AMENDMENT TO THE
CHARTER FOR CONSIDERATION BY THE ELECTORS OF THE CITY
FOR APPROVAL OR DISAPPROVAL; PROVIDING FOR THE
APPEARANCE OF THE CHARTER AMENDMENT ON THE BALLOT;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Atlantic Beach, Florida, after receiving input from the Charter
Review Committee and from its citizens, fmds that the proposed amendment to the City Charter
as attached to this Ordinance should be submitted to the qualified electors of the City of Atlantic
Beach for consideration; and
WHEREAS, the City of Atlantic Beach, appreciates the diligent efforts of the Charter
Review Committee comprised of: Bruce Andrews, Debbie Buckland, Charles "Chip" Drysdale,
Kelly Elmore, Ellen Golombek, Kirk Hansen, Mitchell Reeves, Suzanne Shaughnessy, Jennifer
Lagner, Dawn Scott, Steve Swann, and Donald Young pursuant to and under the Chairmanship
of William "Bill" Gulliford; and
WHEREAS, the City Commission of the City of Atlantic Beach, Florida finds that the
adoption of this Ordinance is in the best interest of Atlantic Beach, Florida and its citizens.
NOW THEREFORE, BE IT ENACTED by the City Commission on behalf of the people
of the City of Atlantic Beach, Florida:
SECTION 1. Pro posed Amendment to Charter. The City Commission of the City of
Atlantic Beach, Florida hereby proposes the following amendment to the City Charter:
Article IV - The Cit,- Clerk
Sec. 28 — Appointments; duties, to clarify that the city clerk serves as filing officer
for city elections (not supervisor of election),
all as set forth in Exhibit A attached hereto and incorporated herein by reference, which, if
approved by the qualified electors of the City, would replace the former provision of Section 28
of the City Charter.
SECTION 2. Submission of Charter Amendment to Public Referendum. The
amendment to the Charter of the City of Atlantic Beach, Florida set forth in the attached Exhibit
A shall be submitted to public referendum at the next general election held in the City of Atlantic
Beach, Florida for approval or disapproval by the qualified electors of the City.
SECTION 3. A earance of Charter Amendments on Ballot.
a. The ballot title to be used in said election shall be as follows:
Ordinance No. 33-24-27 Page 1 of 3
PROPOSED AMENDMENT TO THE ATLANTIC BEACH CITY CHARTER
TO CLARIFY CITY CLERK DUTIES
b. The ballot summary shall be as follows:
Shall the City Clerk duties set forth in Section 28 of the Atlantic Beach City Charter
be modified to clarify that the City Clerk serves as the "filing officer" for city
elections (and not as the "supervisor of elections"), be adopted?
Below the summary shall appear the following:
YES NO
SECTION 4. Effective Date. The proposed amendment to the Charter of the City of
Atlantic Beach shall become effective upon approval by the electors of the City and shall be filed
with the Florida Department of State as required by law.
PASSED by the City Commission on first reading, this 20day of June, 2024.
PASSED by the City Commission on second and final reading, this day of July, 2024.
CITY OF ATL ' ' BEACH
7
Cutis Ford, Mayor
ATTEST:
Donna L. Bartle, City Clerk
Approved as to form and correctness:
Ordinance No. 33-24-27
Page 2 of 3
EXHIBIT A
Proposed Amendment to Section 28 of Article IV
of the City Charter
CITY OF ATLANTIC BEACH
CHARTER
ARTICLE W. -- 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
(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)
(6)
(7)
Serve as supenciser-ef-eleetien filing; officer for city elections; and
Serve as custodian of all city records and the seal of the city; and
Administer oaths; and
(8) Conduct such other activities as may be specified by this Charter, the city code or
the city commission.
Words stfieken are deletions; words underlined are additions.
Ordinance No. 33-24-27 Page 3 of 3
ORDINANCE NO. 33-24-28
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA
PROPOSING AN AMENDMENT TO THE CHARTER OF THE CITY OF
ATLANTIC BEACH ARTICLE II, THE COMMISSION, SEC. 9 —
POWERS; SUBMITTING THE AMENDMENT TO THE CHARTER FOR
CONSIDERATION BY THE ELECTORS OF THE CITY FOR APPROVAL
OR DISAPPROVAL; PROVIDING FOR THE APPEARANCE OF THE
CHARTER AMENDMENT ON THE BALLOT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Atlantic Beach, Florida, after receiving input from the Charter
Review Committee and from its citizens, finds that the proposed amendment to the City Charter
as attached to this Ordinance should be submitted to the qualified electors of the City of Atlantic
Beach for consideration; and
WHEREAS, the City of Atlantic Beach, appreciates the diligent efforts of the Charter
Review Committee comprised of: Bruce Andrews, Debbie Buckland, Charles "Chip" Drysdale,
Kelly Elmore, Ellen Golombek, Kirk Hansen, Mitchell Reeves, Suzanne Shaughnessy, Jennifer
Lagner, Dawn Scott, Steve Swann, and Donald Young pursuant to and under the Chairmanship
of William "Bill" Gulliford; and
WHEREAS, the City Commission of the City of Atlantic Beach, Florida finds that the
adoption of this Ordinance is in the best interest of Atlantic Beach, Florida and its citizens.
NOW THEREFORE, BE IT ENACTED by the City Commission on behalf of the people
of the City of Atlantic Beach, Florida:
SECTION 1. Proposed Amendment to Charter. The City Commission of the City of
Atlantic Beach, Florida hereby proposes the following amendment to the City Charter:
Article II — The Commission
Sec. 9 — Powers, to require that the sale or disposition of any City public parks be
approved through a referendum vote by the electors of Atlantic Beach (instead of
by a unanimous vote of the entire city commission),
all as set forth in Exhibit A attached hereto and incorporated herein by reference, which, if
approved by the qualified electors of the City, would replace the former provision of Section 9 of
the City Charter.
SECTION 2. Submission of Charter Amendment to Public Referendum. The
amendment to the Charter of the City of Atlantic Beach, Florida set forth in the attached Exhibit
A shall be submitted to public referendum at the next general election held in the City of Atlantic
Beach, Florida for approval or disapproval by the qualified electors of the City.
SECTION 3. Appearance of Charter Amendments on Ballot.
a. The ballot title to be used in said election shall be as follows:
Ordinance No. 33-24-28 Page 1 of 4
PROPOSED AMENDMENT TO THE ATLANTIC BEACH CITY CHARTER
REQUIRING REFERENDUM FOR THE DISPOSITION OF PARKS
b. The ballot summary shall be as follows:
Shall the Powers set forth in Section 9 of the Atlantic Beach City Charter be
modified to require that the sale or other disposition of public parks within the City
be approved only through a referendum vote of the electors (instead of by a
unanimous vote of the entire city commission), be adopted?
Below the summary shall appear the following:
YES NO
SECTION 4. Effective Date. The proposed amendment to the Charter of the City of
Atlantic Beach shall become effective upon approval by the electors of the City and shall be filed
with the Florida Department of State as required by law.
PASSED by the City Commission on first reading, this 2'day of June, 2024.
PASSED by the City Commission on second and final reading, this _ day of July, 2024.
ATTEST:
Donna L. Bartle, City Clerk
Approved as to form and correctness:
Ordinance No. 33-24-28
CITY OF ATLANTIC BEACH
C11/14 (10
Curtis Ford, Mayor
Page 2 of 4
EXHIBIT A
Proposed Amendment to Section 9 of Article II
of the City Charter
CITY OF ATLANTIC BEACH
CHARTER
ARTICLE II. — THE COMMISSION
***
Sec. 9. Powers.
Except as may be otherwise provided in this Charter, all powers of the city and the
determination of all matters of policy shall be vested in the city commission. Without limitation
of the foregoing, the city commission shall have power to:
(1) Adopt a budget;
(2) Authorize the issuance of bonds, revenue certificates, and other evidences of indebtedness;
(3) Establish or abolish official boards and elect the members thereof as recommended by the
mayor;
(4) Adopt and modify the official map of the city;
(5) Regulate and restrict the height, number of stories, and size of buildings and other
structures, the percentage of a lot that may be occupied, the size of yards, courts, and other open
spaces, the density of population, and the location and use of buildings, structures, and land and
water for trade, industry, residence or other purposes;
(6) Provide for an independent audit;
(7) Pass ordinances and laws for the preservation of the public peace and order and impose
penalties for the violation thereof; provided that the maximum penalty to be imposed shall be a
fine of not more than one thousand dollars ($1,000.00) and imprisonment for a period of time not
longer than ninety (90) days, or as otherwise provided for by Florida Statutes;
(8) Lease golf courses, hospitals and airports, or any portion thereof, after the city commission
has passed an ordinance authorizing any such lease;
(9) Sell golf courses and the public utility system, or any portion thereof, now owned by the
city or hereafter acquired by it after the city commission has passed an ordinance that: (a) there is
a finding that public welfare no longer requires the operation of any such facility; and (b) the terms
of sale of real property within the city limits are stated; and (c) after such ordinance has been
submitted to the qualified voters of the city at an election called for that purpose;
Ordinance No. 33-24-28 Page 3 of 4
(10) Provide rules and regulations for all purchases and sales made for and in behalf of the city;
(11) Appoint, remove and fix the compensation of all officers and employees appointed by the
city commission as hereinafter provided; the city commission shall perform an annual performance
review of the city clerk, city manager and city attorney;
(12) Exercise any right or authority given or permitted by the Constitution and the laws of the
State of Florida to city commissions not inconsistent with the provisions of this Charter.-;
(13) The mayor pro tempore shall be appointed by the city commission from its members:; and
(14) Provide for the protection and preservation of parks as follow: 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 ii city semmissien the electors throuih
a referendum vote.
Words stFielEen are deletions; words underlined are additions.
Ordinance No. 33-24-28 Page 4 of 4
ORDINANCE NO. 33-24-29
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA
PROPOSING AMENDMENTS TO THE CHARTER OF THE CITY OF
ATLANTIC BEACH ARTICLE II, THE COMMISSION, SEC. 12 —
VACANCIES IN THE CITY COMMISSION, SEC. 14 — INDUCTION OF
CITY COMMISSION INTO OFFICE; MEETINGS OF THE CITY
COMMISSION, ARTICLE IX, ELECTIONS, SEC. 39 — NOMINATIONS,
SEC. 40 — ELECTIONS: PRIMARY AND SEC. 41 — ELECTIONS:
GENERAL; SUBMITTING THE AMENDMENTS TO THE CHARTER
FOR CONSIDERATION BY THE ELECTORS OF THE CITY FOR
APPROVAL OR DISAPPROVAL; PROVIDING FOR THE APPEARANCE
OF THE CHARTER AMENDMENTS ON THE BALLOT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Atlantic Beach, Florida, after receiving input from the Charter
Review Committee and from its citizens, finds that the proposed amendments to the City Charter
as attached to this Ordinance should be submitted to the qualified electors of the City of Atlantic
Beach for consideration; and
WHEREAS, the City of Atlantic Beach, appreciates the diligent efforts of the Charter
Review Committee comprised of: Bruce Andrews, Debbie Buckland, Charles "Chip" Drysdale,
Kelly Elmore, Ellen Golombek, Kirk Hansen, Mitchell Reeves, Suzanne Shaughnessy, Jennifer
Lagner, Dawn Scott, Steve Swann, and Donald Young pursuant to and under the Chairmanship
of William "Bill" Gulliford; and
WHEREAS, the City Commission of the City of Atlantic Beach, Florida finds that the
adoption of this Ordinance is in the best interest of Atlantic Beach, Florida and its citizens.
NOW THEREFORE, BE IT ENACTED by the City Commission on behalf of the people
of the City of Atlantic Beach, Florida:
SECTION 1. Proposed Amendments to Charter. The City Commission of the City of
Atlantic Beach, Florida hereby proposes the following amendments to the City Charter:
Article II — The Commission
Sec. 12 — Vacancies in the city commission, to add reference to "primary" elections
as applicable.
Sec. 14 — Induction of City Commission into Office — Meetings of City
Commission, to clarify that commission members including the mayor begin their
terms at the City's first regular commission meeting in December or after the
election certification results are determined, whichever is later; and
Article IX — Elections
Sec. 39 — Nominations, to add references to "primary" elections in addition to
"general" as applicable,
Ordinance No. 33-24-29 Page 1 of 6
Sec. 40 — Elections: Primary, to add the requirement to hold primary elections if
there are more than two candidates running for the same elective office, and
Sec. 41 — Elections: General, to provide that general elections for all City
Commission seats be determined in the general election unless the seat has been
determined in the primary election,
all as set forth in Exhibit A attached hereto and incorporated herein by reference, which, if
approved by the qualified electors of the City, would replace the former provisions of Sections 12,
14, 39, 40 and 41 of the City Charter.
SECTION 2. Submission of Charter Amendments to Public Referendum. The
amendments to the Charter of the City of Atlantic Beach, Florida set forth in the attached Exhibit
A shall be submitted to public referendum at the next general election held in the City of Atlantic
Beach, Florida for approval or disapproval by the qualified electors of the City.
SECTION 3. A. a i.3 earance of Charter Amendments on Ballot.
a. The ballot title to be used in said election shall be as follows:
PROPOSED AMENDMENTS TO THE ATLANTIC BEACH CITY CHARTER
TO MODIFY CITY COMMISSION ELECTION PROCEDURES
b. The ballot summary shall be as follows:
Shall the City Commission election procedures set forth in Sections 40 and 41 of
the Atlantic Beach City Charter be modified to add a requirement to hold primary
elections when more than two candidates are running for the same Commission
seat, and further, that references to "primary" elections, and the timing of newly
elected Commissioners taking their seat, be added to Sections 12, 14 and 39 of the
Charter, be adopted?
Below the summary shall appear the following:
YES NO
SECTION 4. Effective Date. The proposed amendments to the Charter of the City of
Atlantic Beach shall become effective upon approval by the electors of the City and shall be filed
with the Florida Department of State as required by law.
PASSED by the City Commission on first reading, this day of June, 2024.
PASSED by the City Commission on second and final reading, this day of July, 2024.
Ordinance No. 33-24-29 Page 2 of 6
CITY OF ATLANTIC BEACH
ATTEST:
Donna L. Bartle, City Clerk
Approved as to form and correctness:
Jas(in R GafkrieCity Attorney
Ordinance No. 33-24-29 Page 3 of 6
EXHIBIT A
Proposed Amendments to Sections 12 and 14 of Article II, and
Sections 39, 40 and 41 of Article IX, of the City Charter
CITY OF ATLANTIC BEACH
CHARTER
ARTICLE II. — THE COMMISSION
***
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.
***
Sec. 14. - Induction of city commission into office; meetings of the city commission.
After each general Followin&_certification of election results, the newly elected city
commissioners. including the mayor, shall assume begin their terms at_ the Cit•, 's first regular
commission meeting in December. or if election certification results have not been determined by
then. the first regular commission meeting thereafter whichever is later. the duties of efAe at t e
a
still 2icibune the ,,.te
is,
of office at the next rcga];;
oertifea eleet1en result 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.
***
ARTICLE IX. — ELECTIONS
***
Sec. 39. - Nominations.
Ordinance No. 33-24-29
Page 4 of 6
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. 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
nominate
Seat No.
rolls of registered
city commission.
Name, street, and
signing.
(Spaces for signatures and required date)
STATEMENT OF CIRCULATOR
undersigned electors of the City of Atlantic Beach hereby
whose residence is for the office of Commissioner,
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
voters, and that we are qualified to vote for a candidate for the
number address from which last date of registered (if different)
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 general primary election and will end
at noon on the 67th day (Friday) prior the general primary 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 naive 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. on the city
commission and agree to serve if elected.
SIGNATURE OF CANDIDATE
Ordinance No. 33-24-29 Page 5 of 6
Within two business 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 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.
Sec. 40. - Elections: Primary.
Thr e e1ecti ic for any
When more than two 21 candidates are rennin,, for the same elective officethe primar election
shall be held only for the munici;ial offices that have more than two candidates running for the
same seat. Such orimar, election date shall be set in accordance with Section 100.061. Florida
Statutes for that \ ear for each seat on the cit \ commission which shall become vacant in accordance
with Sec. 14 of this Charter. If at the >>rimar., electiona candidate receives a maiorit\ 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 r .eneral election. In the event that a candidate does not receive a mai orit,, of all the
votes cast in the primal, electionthen the names of the candidates ; 'lacin: first and second shall
be placed on the ballot in the Leneral election.
Sec. 41. - Elections: General.
Beginning with the year 2019 next election after ado tion:
A,.ular o.. go eras e1e4ix)r. of a;�
.. .
When two 21
candidates are runnin. for the same elective office the general election date shall be set accordin
to Section 100.031 Florida Statutes for that year for each seat on the city commission which shall
become vacant
in accordance with Sec. 14 of this Charter, unless
all vacancies have been determined b, the prima election in accordance with Sec. 40 of this
Charter. The candidate or nominee receiving the plurality maioritv 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.
Words stfisken are deletions; words underlined are additions.
Ordinance No. 33-24-29
Page 6 of 6
ORDINANCE NO. 33-24-30
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA
PROPOSING AMENDMENTS TO THE CHARTER OF THE CITY OF
ATLANTIC BEACH ARTICLE XVIII, WHEN ACT TAKES EFFECT AND
PERIODIC REVIEW, SEC. 81 — PERIODIC REVIEW; SUBMITTING
THE AMENDMENTS TO THE CHARTER FOR CONSIDERATION BY
THE ELECTORS OF THE CITY FOR APPROVAL OR DISAPPROVAL;
PROVIDING FOR THE APPEARANCE OF THE CHARTER
AMENDMENTS ON THE BALLOT; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Atlantic Beach, Florida, after receiving input from the Charter
Review Committee and from its citizens, finds that the proposed amendments to the City Charter
as attached to this Ordinance should be submitted to the qualified electors of the City of Atlantic
Beach for consideration; and
WHEREAS, the City of Atlantic Beach, appreciates the diligent efforts of the Charter
Review Committee comprised of: Bruce Andrews, Debbie Buckland, Charles "Chip" Drysdale,
Kelly Elmore, Ellen Golombek, Kirk Hansen, Mitchell Reeves, Suzanne Shaughnessy, Jennifer
Lagner, Dawn Scott, Steve Swann, and Donald Young pursuant to and under the Chairmanship
of William "Bill" Gulliford; and
WHEREAS, the City Commission of the City of Atlantic Beach, Florida finds that the
adoption of this Ordinance is in the best interest of Atlantic Beach, Florida and its citizens.
NOW THEREFORE, BE IT ENACTED by the City Commission on behalf of the people
of the City of Atlantic Beach, Florida:
SECTION 1. Proposed Amendments to Charter. The City Commission of the City of
Atlantic Beach, Florida hereby proposes the following amendments to the City Charter:
Article XVIII — When Act Takes Effect and Periodic Review
Sec. 81 — Periodic review, to: (i) clarify that the placement of any charter
amendments that are generated through this process are voted on in the general
election (rather than the primary election), (ii) change the appointment of the
charter review committee to February (rather than January) to allow newly elected
Commissioners time to plan, and (iii) change resolution to ordinance since the
Commission places amendments on the ballot by ordinance (not resolution),
all as set forth in Exhibit A attached hereto and incorporated herein by reference, which, if
approved by the qualified electors of the City, would replace the former provisions of Section 81
of the City Charter.
SECTION 2. Submission of Charter Amendments to Public Referendum. The
amendments to the Charter of the City of Atlantic Beach, Florida set forth in the attached Exhibit
A shall be submitted to public referendum at the next general election held in the City of Atlantic
Beach, Florida for approval or disapproval by the qualified electors of the City.
Ordinance No. 33-24-30 Page 1 of 3
SECTION 3. An )earance of Charter Amendments on Ballot.
a. The ballot title to be used in said election shall be as follows:
PROPOSED AMENDMENTS TO THE ATLANTIC BEACH CITY CHARTER
TO MODIFY CHARTER REVIEW COMMITTEE PROCEDURES
b. The ballot summary shall be as follows:
Shall the City Commission charter review committee procedures set forth in
Section 81 of the Atlantic Beach City Charter be modified to clarify that the
placement of any charter amendments are voted on in the general election (rather
than the primary election), to change the appointment timing of the charter review
committee members to February (rather than January), and to change the legislative
manner in which the City Commission considers charter amendments from
resolution to ordinance, be adopted?
Below the summary shall appear the following:
YES NO
SECTION 4. Effective Date. The proposed amendments to the Charter of the City of
Atlantic Beach shall become effective upon approval by the electors of the City and shall be filed
with the Florida Department of State as required by law.
PASSED by the City Commission on first reading, this 24day of June, 2024.
PASSED by the City Commission on second and final reading, this day of July, 2024.
CITY OF ATLANTIC BEACH
.4J'
Curtis Ford, Mayor
ATTEST:
Donna L. Bartle, City Clerk
Approved as to form and correctness:
Jaso ab 1, City Attorney
Ordinance No. 33-24-30
Page 2 of 3
EXHIBIT A
Proposed Amendments to Section 81 of Article XVIII of the City Charter
CITY OF ATLANTIC BEACH
CHARTER
ARTICLE XVIII. — WHEN ACT TAKES EFFECT AND PERIODIC REVIEW
***
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 regular general municipal election ballot.
The City Commission shall appoint the Charter Review Committee in Junua-ry February of
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 regular 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 resolution
ordinance place such amendments or revisions as approved by the Charter Review Committee on
the next regular municipal election ballot. If a majority of the electors voting on the 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.
Words sen are deletions; words underlined are additions.
Ordinance No. 33-24-30 Page 3 of 3
Atlantic Beach, Florida, Code of Ordinances
PART I CHARTER
PART 1
CHARTER1
ARTICLE I. INCORPORATION; FORM OF GOVERNMENT; POWERS
Sec. 1. Present Charter of the City of Atlantic Beach abolished and new Charter established.
The present Charter of the City of Atlantic Beach in Duval County, Florida, is hereby abolished; and the new
Charter, as hereinafter set forth, is hereby established.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 2. Reaffirmation of the incorporation of City of Atlantic Beach.
The establishment of a municipal corporation, known and designated as the City of Atlantic Beach, organized
and constituted in the County of Duval and State of Florida, by an act of the Florida Legislature in 1957, is hereby
reaffirmed and its territorial boundaries are as follows:
Beginning at a point on the beach of the Atlantic Ocean which is the intersection of the low water mark line of
said Atlantic Ocean and an easterly prolongation of the southerly boundary line of Kathryn Abbey Hanna Park;
running thence westerly along the southerly boundary line of said Kathryn Abbey Hanna Park to the easterly right-
of-way line of Old Sherry Drive (County Road No. 551); running thence southerly along said easterly right-of-way line
of Old Sherry Drive (County Road No. 551) to the north boundary line of fractional Section 5, Township 2 South,
Range 29 East; running thence westerly along the northerly boundary line of said fractional Section 5 in said
Township and Range, to the eastern right-of-way line of Mayport Road (State Road A -1-A); running thence southerly
along the easterly right-of-way line of said Mayport Road to the north boundary line of Government Lot 15 of Section
8; running thence easterly along the north boundary line of said Government Lot 15 to the northwest corner of the
east one-half of said Government Lot 15; running thence southerly along the west boundary line of the east one-
half of said Government Lot 15 to the north boundary line of Sections 17 and 18 in said Township and Range; running
thence westerly along said north boundary line and the north boundary line of Section 40 to a point at the center
line of the Intracoastal Waterway; running thence southerly along said centerline of the Intracoastal Waterway to
the intersection of said center line with a line sixteen (16) feet northerly of, measured at right angles from and
parallel to the centerline of Atlantic Boulevard; running thence easterly along said parallel line and a prolongation
of same to the point of intersection of said prolongation with the low water mark of the Atlantic Ocean; and running
thence northerly along said low water mark of the Atlantic Ocean to the point or place of beginning; excepting from
'Editor's note(s)—Section 1(Exh. A) of Ordinance No. 33-15-19, adopted May 11, 2015, adopted a new Charter
which amended and repealed all former Charter provisions, and which was approved at an election held on
August 25, 2015. The former Charter derived from the Laws of Florida Chs. 59-1054, 86-461; Ord. No. 28-93-
3, § 1, adopted Aug. 23, 1993; Ord. No. 28-96-4, § 3, adopted Jan. 13, 1997; Ord. No. 90-06-194, § 1, adopted
Aug. 14, 2006; Ord. No. 33-07-12, § 1, adopted Oct. 2, 2007; Ord. No. 33-07-13, § 1, adopted Oct. 2, 2007;
and Ord. No. 33-10-17, § 1, adopted June 28, 2010.
State law reference(s)—Municipal Home Rule Powers Act, F.S. Ch. 166.
Atlantic Beach, Florida, Code of Ordinances
(Supp. No. 50)
Page 1 of 23
Created: 2025-03-25 09:28:53 [EST]
the territory hereinabove described that part thereof lying in said Sections 8 and 9 occupied and used by Atlantic
Beach Country Club as described in deed recorded in Volume 652, page 484, Official Records of Duval County, less
than and except that part lying in said Section 8 described in Ord. No. 12-16-5, as more particularly described below;
and jurisdiction of the waters of the Atlantic Ocean two miles from the low water mark between the north and south
lines of said city as above described, projected easterly two miles; and police jurisdiction for traffic control purposes
over Atlantic Boulevard from the Atlantic Ocean to the westerly limits of said city as hereinbefore described, over
said Mayport Road from the city limits as above described, northerly to the northern boundary line of said fractional
Section 5; provided, however, that the city council of the City of Jacksonville, Florida, acting in its capacity as the
governing body of Duval County, Florida, is hereby authorized to construct and maintain any and all streets, roads,
or highways that have at any time heretofore, been adopted as county roads by the board of county commissioners
of Duval County, Florida, as it may deem necessary and proper for the benefit of the public.
Together with the following real property, which is a portion of the Atlantic Beach Country Club, described in
and in accordance with that certain Ordinance No. 12-16-5, adopted by the City Commission on the 25th of January,
2016, to be included within the territorial boundaries of the City:
That certain tract or parcel of land being a portion of Government Lots 7, 8, 9, 10, 15 and 16, of Section 8, all
in Township 2 South, Range 29 East, Donner's Replat as recorded in Plat Book 19, pages 16 and 16A of the Public
Records of Duval County, Florida, being more particularly described as follows:
Commencing at the northeast corner of the Ferrer Grant, Section 38, Township 2 South, Range 29 East; thence
North 06°45'00" West, 2073.94 feet to the line dividing said Section 8 and Section 17 for a point of beginning; thence
South 89°28'50" West, along said section line, 764.29 feet to the southwest corner of the East (1/2) of Government
Lot 15 of said Section 8; thence North 00°31'10" West, along the westerly boundary line of said East (1/2) of
Government Lot 15, 1324.81 feet to the southerly boundary of Government Lot 10 of said Section 8; thence along
the southerly boundary of said Lot 10, South 89°03'10" West, 355.77 feet to the southeast corner of Fairway Villa as
recorded in Plat Book 39, page 22 of said Public Records; thence North 01°23'15" West, along the easterly line of
said Fairway Villa, 1875.00 feet; thence North 88°36'45" East, 470.00 feet; thence North 51°45'15" East, 404.23 feet
to the most westerly corner of Sevilla Gardens Unit 2, as recorded in Plat Book 45, page 7 of said Public Records;
thence southeasterly along the southwesterly line of said Sevilla Gardens Unit 2 and a southeasterly prolongation
thereof, along the arc of a curve that is concave to the northeast and has a radius of 4069.72 feet, a distance of
1088.60 feet as measured along a chord bearing South 47°06'35" East, thence North 59°36'55" East, 90.85 feet;
thence South 30°27'05" East, 187.60 feet; thence along a curve that is concave to the northeast and has a radius of
4069.72 feet, a distance of 118.00 feet, as measured along a chord bearing South 58°35'55" East; thence South
12°22'05" East, a distance of 46.00 feet, more or less, to an intersection with the westerly shoreline of a drainage
ditch and/or canal; thence southerly along the westerly shoreline of said drainage ditch and/or canal, 2026.00 feet
more or less to a point, said point being on a westerly prolongation of the south line of Lot 1, Block 9, Selva Marina
Unit 5, as recorded in Plat Book 30, pages 29 and 29A of said Public Records; thence North 78003'10" East, 32.00 feet
to the southwest corner of said Lot 1; thence South 14°44'41" West along the easterly city limits line of the City of
Jacksonville, 521.37 feet to an intersection with said section line dividing Section 8 and 17; thence South 89°28'50"
West, along said section line, 1028.42 feet to the point of beginning.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15; Ord. No. 12-16-5, § 2, 1-25-16)
Sec. 3. Form of government.
The municipal government provided by this Charter shall be known as "Commission -Manager Government."
Subject only to the limitations imposed by the Constitution and laws of this state and by this Charter, all powers of
the city shall be vested in an elective commission, hereinafter referred to as "the city commission."
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
(Supp. No. 50)
Page 2 of 23
Created: 2025-03-25 09:28:52 [EST]
Sec. 4. General powers.
The city shall have all powers, governmental, corporate and proprietary, in accordance with and including the
provisions of F.S. Chapter 166, enabling it to conduct municipal government, perform municipal functions and render
municipal services, and may exercise any power for municipal purposes; which powers shall be limited only by the
Federal Constitution, State Constitution, general and special law and any specific limitation in this Charter. The
enumeration of particular powers shall not be deemed as necessary as it is intended that the city shall have and
exercise all powers which it would be competent for this Charter specifically to enumerate, including all
extraterritorial powers and jurisdiction previously granted by Chapter 57-1126, Laws of Florida as amended, or by
any special or general law. The absence of such enumeration shall not be construed as limiting; indeed, it shall be
construed liberally in favor of the city.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
ARTICLE II. THE COMMISSION
Sec. 5. Number of commissioners; selection; term.
The city commission shall consist of five (5) electors of the City of Atlantic Beach who have the qualifications
as defined in section 6 of this Charter, elected at large without regard for any designation of political party affiliation.
The seats shall be known as seats 1 through 5 respectively, and seat 1 shall be designed as the mayor -commissioner.
Seats 2 through 5 shall be designated as district commissioners, with each commissioner required to reside within
the district from which he or she is elected. The four (4) districts shall be created using the precinct lines existing as
of November, 2007, as a beginning point, shall be established by ordinance, shall be as equal in population as
possible, and to the extent possible shall maintain the integrity of neighborhoods and communities of interest. The
mayor -commissioner shall be elected for two-year terms and the terms for seats 2 through 5 shall each be four
years. Effective with the municipal election in October, 1993, anyone elected or appointed to the office of mayor -
commissioner shall not serve more than four (4) consecutive two-year terms; and any elected or appointed to
commission seats 2 through 5 shall not serve more than two (2) consecutive four-year terms. Serving any part of a
term shall be considered a full term. Nothing contained herein shall prevent anyone who has served as a city
commissioner from being appointed or elected to the position of mayor -commissioner and then serving in that
capacity four (4) consecutive two-year terms.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 6. Qualifications and disqualifications.
Members of the city commission shall have been full-time residents and electors of the city for at least four
years immediately prior to qualifying. Full-time residency shall be defined as the person's principal place of abode
during the year. Members of the city commission shall not hold any other elective office. Any member of the city
commission ceasing to possess the foregoing qualifications or who shall have been convicted of a crime punishable
by more than one (1) year of imprisonment or a crime involving moral turpitude, shall forfeit the seat prior to the
next meeting of the city commission. Absence from four consecutive regular meetings of the city commission shall
operate to vacate the seat of a member, unless the member's absence is excused by the city commission by a
resolution setting forth the fact of such excuse duly entered upon the minutes.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15; Ord. No. 33-24-25, § 1(Exh. A), 7-8-24)
(Supp. No. 50)
Page 3 of 23
Created: 2025-03-25 09:28:52 (EST]
Sec. 7. Salary.
The salary of the members of the city commission shall be set by ordinance.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 8. Presiding officer: Mayor.
The mayor -commissioner shall preside at all meetings of the city commission and shall be recognized as head
of the city government for all ceremonial purposes and by the governor for all purposes of military law. When
directed to do so by the city commission the mayor -commissioner shall execute all instruments to which the city is
a party, unless otherwise provided by the Charter or by ordinance. The mayor -commissioner shall have no regular
administrative duties except as authorized in this Charter but may appoint, from time to time, such special or select
committees as in his or her discretion he or she deems desirable to expedite the handling of the business and affairs
of the city. Other members of the city commission may on occasion appoint special or select committees with the
approval of a majority of the commission. In the temporary absence or disability of the mayor -commissioner, all
duties of the mayor -commissioner shall be performed by the mayor pro tempore.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 9. Powers.
Except as may be otherwise provided in this Charter, all powers of the city and the determination of all matters
of policy shall be vested in the city commission. Without limitation of the foregoing, the city commission shall have
power to:
(1) Adopt a budget;
(2) Authorize the issuance of bonds, revenue certificates, and other evidences of indebtedness;
(3) Establish or abolish official boards and elect the members thereof as recommended by the mayor;
(4) Adopt and modify the official map of the city;
(5) Regulate and restrict the height, number of stories, and size of buildings and other structures, the
percentage of a lot that may be occupied, the size of yards, courts, and other open spaces, the density
of population, and the location and use of buildings, structures, and land and water for trade, industry,
residence or other purposes;
(6) Provide for an independent audit;
(7) Pass ordinances and laws for the preservation of the public peace and order and impose penalties for
the violation thereof; provided that the maximum penalty to be imposed shall be a fine of not more than
one thousand dollars ($1,000.00) and imprisonment for a period of time not longer than ninety (90) days,
or as otherwise provided for by Florida Statutes;
Lease golf courses, hospitals and airports, or any portion thereof, after the city commission has passed
an ordinance authorizing any such lease;
Sell golf courses and the public utility system, or any portion thereof, now owned by the city or hereafter
acquired by it after the city commission has passed an ordinance that: (a) there is a finding that public
welfare no longer requires the operation of any such facility; and (b) the terms of sale of real property
within the city limits are stated; and (c) after such ordinance has been submitted to the qualified voters
of the city at an election called for that purpose;
(8)
(9)
(Supp. No. 50)
Page 4 of 23
Created: 2025-03-25 09:28:52 [EST]
(10) Provide rules and regulations for all purchases and sales made for and in behalf of the city;
(11) Appoint, remove and fix the compensation of all officers and employees appointed by the city
commission as hereinafter provided; the city commission shall perform an annual performance review
of the city clerk, city manager and city attorney;
(12) Exercise any right or authority given or permitted by the Constitution and the laws of the State of Florida
to city commissions not inconsistent with the provisions of this Charter;
(13) The mayor pro tempore shall be appointed by the city commission from its members; and
(14) Provide for the protection and preservation of parks as follow: 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 the electors
through a referendum vote; and
(15) Exercise authority permitted by law for the protection and preservation of beaches, marshes, maritime
tree canopy, and property through environmental stewardship.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15; Ord. No. 33-24-26, § 1(Exh. A), 7-8-24; Ord. No. 33-24-28, § 1(Exh. A), 7-8-
24)
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 substitute as required in Sec. [Section]
24 of this Charter, the city commission shall appoint someone to perform the duties of the city manager.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 11. Appointment of deputy city manager or deputy city clerk.
The city manager and city clerk may request, if they deem it necessary, a deputy city manager and deputy city
clerk, respectively, to be hired as approved by the city commission and who shall be compensated at a rate set by
the city commission.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
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.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15; Ord. No. 33-24-29, § 1(Exh. A), 7-8-24)
(Supp. No. 50)
Page 5 of 23
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Sec. 13. Creation of new departments or offices; change of duties.
The city commission, by ordinance, may create, change or abolish offices, departments, authorities or
agencies. The city commission may, by ordinance, assign additional functions or duties to the offices, departments
or agencies established by this Charter, but may not discontinue or assign to any other office, department or agency
any function or duty assigned by this Charter to a particular office, department or agency.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 14. Induction of city commission into office; meetings of the city commission.
Following certification of election results, the newly elected city commissioners, including the mayor, shall
begin their terms at the City's first regular commission meeting in December, or if election certification results have
not been determined by then, the first regular commission meeting thereafter, whichever is later. 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; Ord. No. 33-24-29, § 1(Exh. A), 7-
8-24)
Sec. 15. City commission to be judge of qualifications of its members.
The city commission shall be the judge of the election and the qualifications of its members as set forth in
Section 6 of this Charter. For these purposes, the city commission shall have the power to subpoena such witnesses
and require the production and presentation of such records as may be deemed necessary.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 16. Rules of procedure; journal of minutes.
The City Commission shall determine its own rules and order of business. It shall require that minutes of its
proceedings to be kept. The minutes shall be open and remotely available to the public in a timely manner, through
commonly accepted methods.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 17. Ordinances.
In addition to such acts of the city commission as are required by statute or by this Charter to be by ordinance,
every act of the City Commission establishing a fine or other penalty, a fee for service, appropriation of funds, the
contracting of indebtedness, or the sale of real property shall be by ordinance. The enacting clause of all ordinances
shall be: "BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH,
FLORIDA."
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
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Sec. 18. Procedure for passage of ordinances and resolutions.
The minimum procedures for adoption of ordinances and resolutions as set forth in F.S. Section 166.041 shall
in its entirety constitute the process for such by the Atlantic Beach City Commission.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 19. Independent annual audit.
At the beginning of each fiscal year the city commission shall designate a certified public accountant or a firm
of certified public accountants who, as of the end of the fiscal year, shall make an independent audit of accounts
and other evidences of financial transactions of the city government and shall submit a written report to the city
commission and to the city manager. Such accountants shall have no personal interests, direct or indirect, in the
fiscal affairs of the city government or of any of its officers. They shall not maintain any accounts or records of city
business, but within specifications approved by the city commission, shall post -audit the books and documents kept
by the finance director and any separate or subordinate accounts kept by any other office, department or agency of
the city government.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 20. Attendance of city manager and other officers in city commission.
The city manager, and any such other officers of the city as may be designated by vote of the city commission,
shall be required to attend city commission meetings. The city manager shall have the right to take part in the
discussion of all matters coming before the city commission, and the other officers shall be entitled to take part in
all discussions of the city commission relating to their respective offices, departments, boards, commissions, or
agencies.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
ARTICLE III. THE CITY MANAGER
Sec. 21. Appointment.
The city manager shall be appointed in accordance with the provisions of Section 10 of this Charter and shall
be compensated at a rate set by the city commission.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 22. Qualifications.
The city manager shall be chosen by the city commission solely on the basis of administrative qualifications
and with special reference to education and experience in and knowledge of accepted practice with respect to the
duties of this office as set forth hereinafter and in the city code. Applicants for the position of city manager shall
meet the following educational and experience requirements:
(1) Possession of at least a baccalaureate degree preferably in Public Administration or a directly related
field from a college or university accredited by a recognized accreditation agency in the United States or
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from a recognized college or university outside of the United States, which is acceptable to the city
commission; and
(2) Not less than five (5) years of experience as a city, municipal, county, or state government administrator
serving in at least an assistant department head or the equivalent in responsibility; and
A graduate degree acceptable to the city commission may be substituted for not more than one year of
the required experience.
At the time of appointment, the new city manager need not be a resident of the city or state, but within six (6)
months the city manager shall reside within the city of Atlantic Beach.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
(3)
Sec. 23. Powers and duties.
The city manager shall be the chief administrative officer and as such, head the administrative branch of the
city government. The powers and duties of the city manager shall include but not be limited to:
(1) Establish and maintain a line of communication with the city clerk; and
(2) Administering and enforcing all enactments of the city commission; and
(3) Preparing and forwarding agenda materials to the city clerk for every commission meeting; and
(4) Preparing the budget annually and submitting it to the city commission, and being responsible for its
administration after adoption; and
Preparing and submitting to the city commission at the end of each fiscal year, a complete report on the
finances and administrative activities of the city for the year just completed.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
(5)
Sec. 24. Absence of the city manager.
The duties of the city manager during any temporary absence or disability shall be carried out by a deputy city
manager, or in the absence of the latter, by another administrative officer of the city designated first by the city
manager or second, by a majority of the city commission.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
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.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 26. City departments.
Administrative departments as established by ordinance shall report to and serve under the city manager.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
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Sec. 27. Governance of departments.
The city manager may head one or more administrative department or select and employ persons qualified in
accordance with city personnel practices to supervise, direct and control such departments.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
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
(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 filing officer 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.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15; Ord. No. 33-24-27, § 1(Exh. A), 7-8-24)
Sec. 29. Qualifications.
The city clerk shall be chosen by the city commission solely on the basis of education and experience necessary
to carry out the responsibilities of executive officer to the city commission.
Applicants for the position of city clerk shall meet the following educational and experience requirements:
(1) At least a baccalaureate preferably in Business Administration or a related field acceptable to the city
commission from a college or university accredited by a recognized accreditation agency in the United
States or from a recognized college or university outside of the United States which is acceptable to the
city commission; and
(2) Two years of experience in public administration satisfactory to the city commission.
(3) In lieu of the required baccalaureate degree, the city commission may in its discretion, accept four
additional years of acceptable experience in public administration or a related field of public or private
service.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
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Sec. 30. Removal of the city clerk.
The city clerk shall serve at the pleasure of the city commission. The city commission may remove the city clerk
by the affirmative vote of not less than three (3) of its members.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
ARTICLE V. CITY ATTORNEY
Sec. 31. Appointment and qualifications.
The city commission shall appoint a city attorney, which may be a law firm, who shall be an attorney with at
least five years of experience in the practice of general, civil or municipal law, admitted in and having authority to
practice in all courts of this state, and who shall be compensated at a rate set by the city commission.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 32. Powers and duties.
The duties of the city attorney shall include:
(1)
Acting as the legal advisor to, and attorney and counselor for, the city and its officers in matters relating
to their official duties; and
(2) Preparing in writing, all contracts, bonds and other instruments in which the city is concerned and giving
an endorsement of approval as to form and correctness; and
(3) Prosecuting and defending for and on behalf of the city, all civil complaints, suits and controversies in
which the city is a party; and
(4) Furnishing opinions on questions of law relating to the powers and duties of city officers; and
(5) Performing such other duties as may be required by ordinance or resolution of the city commission.
(6) The city attorney shall serve at the pleasure of the city commission. The city commission may remove
the city attorney by the affirmative vote of not less than three (3) of its members.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
ARTICLE VI. DEPARTMENT OF PUBLIC SAFETY
Sec. 33. Appointments and responsibilities.
The appointment, duties, functions and other responsibilities of the director of public safety, police
department, police chief, fire department, fire chief and their respective staff members are found in the city code
Chapter 2, Divisions 2 and 3.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
ARTICLE VII. BUDGET
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Sec. 34. Preparation and adoption.
Each department head shall be responsible for presenting a budget request to the city manager by a date
established by the city manager or his or her designee. The director of finance shall provide the city manager with a
preliminary estimate of revenues and beginning fund balances for the upcoming fiscal year.
Upon receipt of all budget requests, estimated revenues and fund balances, the city manager shall make any
modifications which are determined to be reasonable and justifiable and thereafter present the budget to the city
commission.
The city commission shall review the budget as submitted by the city manager and make such revisions as
deemed necessary. A public hearing will be set to approve the tentative budget and millage rates. A public hearing
will be set for final passage of the budget and millage rates.
Upon final adoption, the budget shall be in effect for the next fiscal year. A copy of the budget, as adopted,
shall be filed with the city clerk.
The city shall abide by the requirements established by the Truth in Millage (TRIM) Act.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
ARTICLE VIII. DEPARTMENT OF FINANCE
Sec. 35. Director of finance.
The director of finance shall be the head of the department of finance and shall be appointed and removed by
the city manager. The qualifications, powers and duties of the director of finance are defined in the Code of
Ordinances.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
ARTICLE IX. ELECTIONS
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)
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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. 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 primary election
and will end at noon on the 67th day (Friday) prior the primary 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:
II
"ACCEPTANCE OF NOMINATION
hereby accept the nomination for Seat No. on the city commission and agree to serve if
elected.
SIGNATURE OF CANDIDATE
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Within two business 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 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; Ord. No. 33-24-29, § 1(Exh. A), 7-
8-24)
Sec. 40. Elections: Primary.
When 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
date 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 in accordance with Sec. 14 of this Charter. If at the primary election, a
candidate receives a majority 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 majority 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;
Ord. No. 33-24-29, § 1(Exh. A), 7-8-24)
Sec. 41. Elections: General.
Beginning with the next election after adoption:
When two (2) candidates are running for the same elective office, the general election date shall be set
according to Section 100.031, Florida Statutes for that year for each seat on the city commission which shall become
vacant in accordance with Sec. 14 of this Charter, unless all vacancies have been determined by the primary election
in accordance with Sec. 40 of this Charter. The candidate or nominee receiving the majority 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;
Ord. No. 33-24-29, § 1(Exh. A), 7-8-24)
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)
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
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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.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
ARTICLE X. INITIATIVE AND REFERENDUM
Sec. 44. Power of initiative.
The electors shall have the power to propose any ordinance, except an ordinance appropriating money or
authorizing the levy of taxes, and to adopt or reject the same at the polls, such power being known as the initiative.
Any initiated ordinance may be submitted to the city commission by a petition signed by registered electors of the
city equal in number to at least sixteen percent (16%) of the registered electors at the last regular municipal election.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 45. Power of referendum.
Under the power known as the referendum the electors shall have power to approve or reject at the polls any
ordinance passed by the city commission, or submitted by the city commission to a vote of the electors, except as
provided in F.S. 166 Part II for bond ordinances. Ordinances submitted to the city commission by initiative petition
and passed by the city commission without change shall be subject to the referendum. Within thirty (30) days after
the enactment by the city commission of any ordinance which is subject to a referendum, a petition signed by
registered electors of the city equal to at least sixteen percent (16%) of the registered electors at the last preceding
regular municipal election may be filed with the city clerk requesting any such ordinance be either repealed by the
city commission or submitted to a vote of the electors.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 46. Form of petitions; committee of petitioners.
All petition papers circulated for the purpose of an initiative or referendum shall be uniform in size and style,
and shall contain the full text of the proposed ordinance. The signatures to the initiative or referendum petitions
need not all be appended to one paper. Signatures on such petitions shall be in ink and shall be followed by the
petitioner's place of residence by street and number. There shall appear on each petition the names and addresses
of five electors who, as a committee of the petitioners, shall be regarded as responsible for the circulation and filing
of the petition.
Attached to each separate petition paper there shall be a notarized affidavit signed by the circulator of the
petition stating the number of signatures, that all signatures appended thereto were made in the presence of the
circulator, and that the circulator believes them to be the genuine signatures of the persons whose names appear
on the petition.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
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Sec. 47. Filing, examination and certification of petitions.
All petition papers comprising an initiative or referendum petition shall be assembled and filed with the city
clerk as one instrument. Within thirty (30) days after a petition is filed, the city clerk shall determine whether each
page of the petition has a proper statement of the circulator and whether the petition is signed by a sufficient
number of qualified electors. The city clerk shall declare any petition paper invalid which does not have attached
thereto an affidavit signed by the circulator on each page. If a petition paper is found to be signed by more persons
than the numbers of signatures certified by the circulator, the last signatures in excess of the number certified shall
be disregarded. If a petition paper is found to be signed by fewer persons than the number certified, the signatures
shall be accepted unless void on other grounds. After completing the examination of the petition, the city clerk shall
certify the result to the city commission at its next regular meeting. If the city clerk certifies the petition is insufficient,
a certificate listing the defective items shall be prepared and provided to the committee of petitioners.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 48. Amendment of petitions.
An initiative or referendum petition may be amended within ten (10) days after the certificate of insufficiency
has been sent by the city clerk. An amended petition may be filed as provided by Section 46. The city clerk shall,
within five (5) days, examine the amended petition and if the petition is still insufficient, shall file a certificate to that
effect and notify the committee of the petitioners of such findings. The finding of the insufficiency of a petition shall
not prejudice the filing of a new petition.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 49. Effect of certification of referendum petition.
When a referendum petition, or an amended petition, as defined in Section 46 has been certified as sufficient,
the ordinance specified in the petition shall not go into effect until and unless approved by the qualified registered
electors.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 50. Consideration by city commission.
Whenever the city commission receives a certified initiative or referendum petition from the city clerk, it shall
proceed forthwith to consider such petition. A proposed initiative ordinance shall be read and a public hearing shall
be held upon the proposed ordinance. The city commission shall take final action on the ordinance not later than
sixty (60) days after the date on which such ordinance was submitted to the city commission. Such final action shall
be decided by at least a four-fifths affirmative vote of the full city commission to approve, amend or deny. If such
ordinance is one which is referred for reconsideration by the city commission, it shall be brought forth for its final
vote upon such reconsideration and the question shall be, "Shall the ordinance specified in the referendum be
repealed?" Such final action shall also be decided by at least a four-fifths affirmative vote of the full city commission.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 51. Submission to electors.
If the city commission shall fail to pass an ordinance proposed by initiative petition or shall pass it in a form
different from that set forth, or if the city commission fails to repeal an ordinance referred for reconsideration, the
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proposed or referred ordinance shall be submitted to the electors not less than thirty (30) days nor more than one
year from the date the city commission takes its final vote. If no regular election is to be held within the specified
time frame, the city commission shall provide for a special election.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 52. Form of ballot for initiated and referred ordinances.
Ordinances submitted to a vote of the electors in accordance with the initiative and referendum provision of
this Charter shall be submitted by ballot title prepared by the city attorney or other legal advisor of the city. The
ballot title may be different from the legal title of any such initiated or referred ordinance and shall be a clear, concise
statement, without argument or prejudice, descriptive of the subject of such ordinance. The ballot used in voting
upon any ordinance shall have below the ballot title the following propositions, one above the other, in order
indicated: "FOR THE ORDINANCE" and "AGAINST THE ORDINANCE."
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 53. Availability of list of qualified electors.
Lists of qualified electors or registers may be obtained from the Supervisor of Elections for Duval County in
accordance with the provisions of F.S. 98.045(3).
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 54. Results of election.
If a majority of the electors shall vote in favor of a proposed initiative or referred ordinance it shall become an
ordinance of the city. If conflicting ordinances are approved by the electors at the same election, the one receiving
the greatest number of the affirmative votes shall prevail.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 55. Reserved.
ARTICLE XI. RECALL ELECTIONS
Sec. 56. Procedures.
Recall elections shall follow those procedures prescribed by F.S. 100.361.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
ARTICLE XII. FRANCHISES
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Sec. 57. Granting of franchises.
The city shall have power to grant a franchise to any private or public enterprise for the use of streets and
other public places in the furnishing of any public service or utility service to the city and its inhabitants. All franchises
and any renewals, extensions and amendments thereto shall be granted only by ordinance, and under such
limitations as may be provided by the laws of the State of Florida. If the proposed franchise is for fifteen years or
more, the ordinance approving said franchise shall not be effective unless it is approved at a referendum in the same
manner provided in F.S. 166 for the approval of issuance of bonds.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
ARTICLE XIII. TAX ADMINISTRATION
Sec. 58. Tax administration.
Tax administration shall be in accordance with Florida Statutes or as otherwise provided for in the Code of
Ordinances.
Note: Currently F.S. 193.116, F.S. 205, and Code of Ordinances Chapter 20.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
ARTICLE XIV. ZONING
Sec. 59. Zoning, land development regulations and maximum building height.
Zoning and land development regulations shall be in accordance with Florida Statutes or as otherwise provided
for within the Code of Ordinances, except that in no case shall the maximum height of buildings within the City of
Atlantic Beach exceed thirty-five (35) feet; provided however, that existing buildings which exceed thirty-five (35)
feet in height may be repaired to that existing height, no alterations shall be made to any building, which would
cause that building to exceed thirty-five (35) feet in height, and this Charter provision shall not restrict any property
owner's vested rights under constitutional, statutory or common law.
Further provided, however, that the city commission may approve, pursuant to the applicable section of the
city's land development regulations, requests to exceed the maximum building height of thirty-five (35) feet for
exterior architectural design elements, exterior decks or porches within nonresidential land use categories as
designated by the future land use map of the adopted comprehensive plan, for nonresidential development.
The only property excepted from this height limitation shall be certain parts of the existing hotel property,
located at 1 Ocean Boulevard, Atlantic Beach, Florida, which property is bounded by Ahern Street on the north, the
Atlantic Ocean on the east, Atlantic Boulevard on the south, and Ocean Boulevard on the west, and only those parts
of said property as follows:
(1)
The existing buildings that exceed thirty-five (35) feet on the property as of the effective date of this
ordinance; and
(2) That part of said property extending west from the existing hotel tower no more than one hundred
twenty-five (125) feet towards the west property line, no closer than fifty (50) feet to the south property
line, with no more than a maximum width of one hundred (100) feet and containing an additional
footprint of no more than eleven thousand five hundred (11,500) square feet.
(Supp. No. 50)
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However, any future development, redevelopment or expansion on these parts of the property, which are
proposed to exceed thirty-five (35) feet in height shall be subject to approval by the city commission and shall in no
event exceed the height of the existing hotel tower building as of the effective date of this ordinance.
Note: Currently F.S. 163, F.S. 166, and Code of Ordinances Chapters 14 and 20.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
ARTICLE XV. MUNICIPAL BORROWING
Sec. 60. Authority to borrow.
The city may borrow money, contract loans and issue bonds as provided by F.S. 166 Part II from time to time
to finance the undertaking of any capital or other project for the purposes permitted by the State Constitution, and
may pledge funds, credit, property, and tax revenues for the payment of such debts and bonds.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
ARTICLE XVI. SUITS AGAINST THE CITY
Sec. 61. Suits.
No suit shall be brought against the city for damages unless all provisions of state law have been met.
Upon receiving notice of any suit, the city manager shall inform the city commission of the lawsuit as soon as
practical. Upon receipt of a written claim for damages by an injured party the city commission may, by ordinance,
make a settlement of the claim.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
ARTICLE XVII. GENERAL AND MISCELLANEOUS PROVISIONS
Sec. 62. Removal of officers and employees.
Any officer or employee appointed by the city manager or head of any office, department or agency may be
removed by the city manager at any time pursuant to city ordinances.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 63. Removal of members of boards, commissions, or agencies.
Except as provided in this Charter, an agent, a member of any board, committee, task force, commission or
agency of the city who has been appointed by the city commission, may be removed by the city commission in the
same manner as provided for the removal of the city manager in Section 25 of this Charter.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
(Supp. No. 50)
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Sec. 64. Investigations.
The city commission, or any committee thereof, the city manager or any advisory board appointed by the city
commission for such purpose, shall have power at any time to cause the affairs of any department or the conduct of
any officer or employee under their jurisdiction to be investigated; and for such purpose shall have power to compel
the attendance of witnesses and the production of books, papers and other evidence; and for that purpose may
issue subpoenas which shall be signed by the president or chairman of the body, or by the officer making the
investigation, and shall be served by an officer authorized to serve such process. The authority making such
investigation shall have power to cause the testimony to be given under oath, such oath to be administered by some
officer having authority under the law of the state to administer oaths. Failure to obey such subpoena or to produce
books, papers, or other evidence as ordered under the provisions of this section shall constitute a violation of the
municipal ordinance and shall be punishable by a fine not to exceed five hundred dollars ($500.00) or by
imprisonment not to exceed sixty days, or both. Enforcement of any violation of this municipal ordinance shall be
by the State Attorney's office.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 65. Publicity of records.
To the extent required by F.S. Chapter 119, records and accounts of every office, department or agency of the
city shall be public records and open to inspection under reasonable regulations established by the city commission
in accordance with the Public Records Act.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 66. Personal interest.
No member of the city commission, any officer of the city or department head shall have a financial interest,
direct or indirect, in any contract or in the sale to the city or to a contractor supplying the city of any land or rights
or interests in any land, material, supplies or services. Any willful violation of this section shall constitute malfeasance
in office, and shall be grounds for removal or termination. Any contract entered into in violation of this section shall
be voidable by the city manager or the city commission.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 67. Official bonds.
The city commission shall determine whether or not each officer, clerk, or employee shall give bond, and the
amount thereof, but all officers, clerks and employees handling any funds or property of the city shall be required
to give bond to the city, which bonds shall be procured from a regularly accredited surety company, authorized to
do business under the Laws of Florida, the premiums on such bonds to be paid by the city. All such bonds shall be
filed in the office of the city clerk.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 68. Oath of office.
Every officer and employee of the city shall, before entering upon the duties of his or her office, take and
subscribe to the following oath or affirmation, to be filed and kept in the office of the city clerk:
(Supp. No. 50)
Page 19 of 23
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"I solemnly swear (or affirm) that I will support the Constitution and will obey the laws of the United
States and of the State of Florida, that I will, in all respects, observe the provisions of the Charter and
ordinances of the City of Atlantic Beach, and will faithfully discharge the duties of the office of ."
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 69. Effect of this charter on existing law.
All laws, ordinances and resolutions relating to or affecting the city in force when this Charter takes effect are
hereby repealed and superseded to the extent that such are inconsistent with the provisions of this Charter.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 70. Rights of officers and employees preserved.
Nothing contained in this Charter, except as specifically provided, shall affect or impair the rights or privileges
of officers or employees of the City of Atlantic Beach or of any office, department, board, commission, or agency
existing at the time when this Charter shall take effect.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 71. Continuance of present officers.
All commissions, administrative and executive officers, agents, department heads, board and committee
members and their powers, duties and obligations at the time this Charter takes effect shall continue in effect until
provisions have been made in accordance herewith for the performance of such duties or the discontinuance of such
office, powers or obligations.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 72. Continuity of offices, boards, commissions or agencies.
Any office, department, board, commission or agency provided for in this Charter with powers and duties the
same or substantially the same as those which previously existed shall be deemed to be a continuation of such office,
department, board, commission, agent or agency with the power to continue its duties and obligations.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 73. Transfer of records and property.
All records, property and equipment whatsoever of any office, department, board, commission, agency, or
agent, all the powers and duties of which are assigned to any other office, department, board, commission, or agency
by this Charter, shall be transferred and delivered to the office, department, board, commission, or agency to which
such powers and duties are so assigned. If part of the powers and duties of any office, department, board,
commission, or agency are by this Charter assigned to any other office, department, board, commission, or agency,
all records, property and equipment relating exclusively thereto shall be transferred and delivered to the office,
department, board, commission or agency to which such powers and duties are so assigned.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
(Supp. No. 50)
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Sec. 74. Title to property reserved.
The title, rights, and ownership of property, uncollected taxes, dues, claims, judgments, decrees and choses in
action, held or owned by the City of Atlantic Beach shall continue to be vested in the corporation under this Charter.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 75. Continuance of contracts and public improvements.
All contracts entered into by the City of Atlantic Beach, or for its benefit, prior to the taking effect of this
Charter, shall continue in full force and effect. Public improvements, for which legislative steps have been taken
under laws or Charter provisions existing at the time this Charter takes effect, shall be carried to completion in
accordance with the provisions of such existing laws and Charter provisions.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 76. Pending actions and proceedings.
No action or proceeding, civil or criminal, pending at the time when this Charter takes effect, brought by or
against the City of Atlantic Beach, or any office, department, board, agents, commission, or agency or officer thereof,
shall be affected or abated by the adoption of this Charter or by anything therein contained.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 77. Short title.
This Charter shall be known as the "Atlantic Beach Charter."
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
Sec. 78. Severability clause.
If any section or part of a section of this Charter shall be held invalid by a court of competent jurisdiction, such
holding shall not affect the remainder of this Charter or the context in which such section or part of section so held
invalid may appear, except to the extent that an entire section or part of a section may be inseparably connected in
meaning and effect with the section or part of section to which such holding shall directly apply.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15)
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)
(Supp. No. 50)
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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 general municipal election ballot.
The City Commission shall appoint the Charter Review Committee in February of 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 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 ordinance place such amendments or revisions as approved by the Charter Review Committee
on the next regular municipal election ballot. If a majority of the electors voting on the 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.
(Ord. No. 33-15-19, § 1(Exh. A), 5-11-15; Ord. No. 33-24-30, § 1(Exh. A), 7-8-24)
CHARTER
COMPARATIVE TABLE
This table shows the location of the sections of the basic Charter and the special acts amending the Charter.
Chapter
1 57-1126
1 59-1052
1 61-1861
61-1862
65-1248
67-1086
86-416
86-461
(Supp. No. 50)
Section
1-183
1
1
Page 22 of 23
Section
this Charter
1-183
2
6
82
5
80
33
82
2(b)
Created: 2025-03-25 09:28:53 [EST]
PART I - CHARTER
CHARTER COMPARATIVE TABLE ORDINANCES
CHARTER COMPARATIVE TABLE ORDINANCES
This table shows the location of ordinances amending the Charter.
Ordinance Adoption Section Section
Number Date this Charter
5-75-3 12-22-75 3 7
33-77-4 6-13-77 I 79
II 80
III 81
IV 85
40-79-8 6-11-79 A 109
5-82-8 4-26-82 1 32
2 34
5-83-9 11-14-83 1 7
5-83-12 2-13-84 1 Art. VII(note)
4-86-3 1-26-87 1 Art. XIV(note)
28-91-1 10-28-91 1 5
28-92-4 8-24-92 1 5
28-93-3 8-23-93 1 Rpld 1-6,
8-16,
24-31,
78,
81-99,
109,
158,
160-183
Added 1-80
28-96-4 1-13-97 3 2
90-06-194 8-14-06 1 59
33-07-12 10- 2-07 1 5
33-07-13 10- 2-07 1 14, 39, 40, 41, 43
33-10-17 6-28-10 1 14, 36, 39-41, 43
33-15-19 5-11-15 1(Exh. A) Rpld 1-80
Added 1-54,
56-81
12-16-5 1-25-16 2 2
33-17-22 10-23-17 2 40, 41
33-17-23 11-13-17 1(Exh. A) 14
39-41
Atlantic Beach, Florida, Code of Ordinances
(Supp. No. 50)
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