04-Ib-Charter as of Supplement 41PART I CHARTER i[1]
A NEW CHARTER FOR THE CITY OF ATLANTIC BEACH, IN DUVAL COUNTY,
PROVIDING FOR ITS GOVERNMENT AND PRESCRIBING ITS JURISDICTION, POWERS,
PRIVILEGES AND IMMUNITIES, WHICH ABOLISHES THE PRESENT CHARTER OF THE
CITY OF ATLANTIC BEACH.
ARTICLE I. INCORPORATION; FORM OF GOVERNMENT; POWERS
Sec. 1. Present Charter of the City of Atlantic Beach abolished and new Charter established.
Sec. 2. Reaffirmation of the incorporation of City of Atlantic Beach.
Sec. 3. Form of government.
Sec. 4. General 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. 28-93-3, § 1, 8-23-93)
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 Abby Hanna Park; running thence westerly along the southerly
boundary line of said Kathryn Abby 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 the territory hereinabove described that part thereof lying in said Sections 8 and 9
occupied and used by Selva Marina Country Club as described in deed recorded in Volume
652, page 484, Official Records of Duval County; 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.
(Laws of Florida Ch. 59-1054; Laws of Florida Ch. 86-461; Ord. No. 28-93-3, § 1, 8-23-93; Ord.
No. 28-96-4, § 3, 1-13-97)
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. 28-93-3, § 1, 8-23-93)
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. 28-93-3, § 1, 8-23-93)
ARTICLE II. THE COMMISSION
Sec. 5. Number of commissioners; selection; term.
Sec. 6. Qualifications and disqualifications.
Sec. 7. Salary.
Sec. 8. Presiding officer: Mayor.
Sec. 9. Powers.
Sec. 10. Appointment of city manager.
Sec. 11. Appointment of deputy city manager or deputy city clerk.
Sec. 12. Vacancies in the city commission.
Sec. 13. Creation of new departments or offices; change of duties.
Sec. 14. Induction of city commission into office; meetings of the city commission.
Sec. 15. City commission to be judge of qualifications of its members.
Sec. 16. Rules of procedure; journal of minutes.
Sec. 17. Ordinances.
Sec. 18. Procedure for passage of ordinances and resolutions.
Sec. 19. Independent annual audit.
Sec. 20. Right of city manager and other officers in city 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. 28-93-3, § 1, 8-23-93; Ord. No. 33-07-12, § 1, 10-2-07)
Sec. 6. Qualifications and disqualifications.
Members of the city commission shall have been full-time residents of the city for at least
one year immediately prior to qualifying. They shall be electors in the city. 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. 28-93-3, § 1, 8-23-93)
Sec. 7. Salary.
The salary of the members of the city commission shall be set by ordinance.
(Ord. No. 28-93-3, § 1, 8-23-93)
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 tim e to time,
such special or select committees as in his discretion he deems desirable or as may be desired
by the city commission, to expedite the handling of the business and affairs of the city. In the
temporary absence or disability of the mayor-commissioner, all duties of the
mayor-commissioner shall be performed by the mayor pro tempore who shall be appointed by
the city commission from its members.
(Ord. No. 28-93-3, § 1, 8-23-93)
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 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;
(8) Lease golf courses, hospitals, airports and parks, or any portion thereof, after th e
city commission has passed an ordinance authorizing any such lease;
(9) Sell golf courses, hospitals, airports, parks 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 in which there is a finding that public
welfare no longer requires the operation of any such facility and in which are
stated the terms of sale and after such ordinance has been submitted to the
qualified voters of the city at an election called for that purpose;
(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;
(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.
(Ord. No. 28-93-3, § 1, 8-23-93)
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 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. 28-93-3, § 1, 8-23-93)
Sec. 11. Appointment of deputy city manager or deputy city clerk.
The city manager and city clerk may, if they deem it necessary, appoint a deputy city
manager and deputy city clerk, respectively, who shall be compensated at a rate set by the city
commission.
(Ord. No. 28-93-3, § 1, 8-23-93)
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
general election.
(Ord. No. 28-93-3, § 1, 8-23-93)
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. 28-93-3, § 1, 8-23-93)
Sec. 14. Induction of city commission into office; meetings of the city commission.
After each primary election or general election (if needed), the newly elected city
commissioners shall assume the duties of office at the regularly scheduled meeting of the city
commission held on the second Monday in November provided that the Supervisor of Elections
has certified the election results. If the election results for any contested city commission seat
cannot be certified prior to the meeting to be held on the second Monday in November, then any
newly elected city commissioners shall assume the duties of office at the next regularly
scheduled meeting of the city commission following receipt of the certified election results from
the Supervisor of Elections. Until the newly elected city 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. 28-93-3, § 1, 8-23-93; Ord. No. 33-07-13, § 1, 10-2-07; Ord. No. 33-10-17, § 1,
6-28-10)
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. 28-93-3, § 1, 8-23-93)
Sec. 16. Rules of procedure; journal of minutes.
The City Commission shall determine its own rules and order of business. It shall require
a journal or minutes of its proceedings to be kept and the journal or minutes shall be open to
public inspection.
(Ord. No. 28-93-3, § 1, 8-23-93)
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. 28-93-3, § 1, 8-23-93)
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. 28-93-3, § 1, 8-23-93)
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. 28-93-3, § 1, 8-23-93)
Sec. 20. Right of city manager and other officers in city commission.
The city manager, and any such other officers of the city as may be design ated 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. 28-93-3, § 1, 8-23-93)
ARTICLE III. THE CITY MANAGER
Sec. 21. Appointment.
Sec. 22. Qualifications.
Sec. 23. Powers and duties.
Sec. 24. Absence of the city manager.
Sec. 25. Removal of the city manager.
Sec. 26. City departments.
Sec. 27. Governance of departments.
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. 28-93-3, § 1, 8-23-93)
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 in Public Administration or a
directly related field 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) Not less than three years of administrative experience as a city or county
government chief administrative or executive officer or as an assistant or deputy
city manager.
(3) A graduate degree acceptable to the city commission may be substituted for not
more than one year of the required experience.
(4) Two years of additional experience acceptable to the city commission may be
substituted for each year of education towards a baccalaureate degree, up to a
maximum of eight years.
At the time of appointment, the new city manager need not be a resident of the city or
state, but during the tenure of office shall reside within the city of Atlantic Beach.
(Ord. No. 28-93-3, § 1, 8-23-93)
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
(5) 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. 28-93-3, § 1, 8-23-93)
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 lat ter, by another administrative
officer of the city designated by the city manager or the deputy city manager.
(Ord. No. 28-93-3, § 1, 8-23-93)
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. 28-93-3, § 1, 8-23-93)
Sec. 26. City departments.
Administrative departments as established by ordinance shall report to and serve under
the city manager.
(Ord. No. 28-93-3, § 1, 8-23-93)
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. 28-93-3, § 1, 8-23-93)
ARTICLE IV. THE CITY CLERK
Sec. 28. Appointment; duties.
Sec. 29. Qualifications.
Sec. 30. Removal of 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 periodic reports as requested about the
effectiveness and efficiency of the legislative programs of the city government;
and
(5) Serve as supervisor of election for city elections; and
(6) Serve as custodian of all city records and the seal of the city; and
(7) Administer oaths; and
(8) Conduct such other activities as may be specified by this Charter, the city code
or the city commission.
(Ord. No. 28-93-3, § 1, 8-23-93)
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 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. 28-93-3, § 1, 8-23-93)
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. 28-93-3, § 1, 8-23-93)
ARTICLE V. CITY ATTORNEY
Sec. 31. Appointment and qualifications.
Sec. 32. Powers and duties.
Sec. 31. Appointment and qualifications.
The city commission shall appoint a city attorney 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. 28-93-3, § 1, 8-23-93)
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.
(Ord. No. 28-93-3, § 1, 8-23-93)
ARTICLE VI. DEPARTMENT OF PUBLIC SAFETY
Sec. 33. Appointments and responsibilities.
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. 28-93-3, § 1, 8-23-93)
ARTICLE VII. BUDGET
Sec. 34. Preparation and adoption.
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 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. 28-93-3, § 1, 8-23-93)
ARTICLE VIII. DEPARTMENT OF FINANCE
Sec. 35. Director 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. 28-93-3, § 1, 8-23-93)
ARTICLE IX. ELECTIONS
Sec. 36. Elections.
Sec. 37. Nonpartisan elections.
Sec. 38. Electors; registration.
Sec. 39. Nominations.
Sec. 40. Elections: Primary.
Sec. 41. Elections: General.
Sec. 42. Elections: Absentee voting.
Sec. 43. Elections: Canvassing board, duties.
Sec. 36. Elections.
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. 28-93-3, § 1, 8-23-93; Ord. No. 33-10-17, § 1, 6-28-10)
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. 28-93-3, § 1, 8-23-93)
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. 28-93-3, § 1, 8-23-93)
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 ten (10) 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 ;#rule; 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 to the primary election. All
other qualifying papers shall be filed as one instrument with the city clerk during the qualifying
period. The city clerk shall make a record of the exact time at which each petition is filed, and
shall take and preserve the name and address of the person by whom it is filed. No nominating
petition shall be accepted unless accompanied by a signed acceptance of the nomination in
substantially the following form:
"ACCEPTANCE OF NOMINATION
I hereby accept the nomination for Seat No. ________
on the city commission and agree to serve if elected.
SIGNATURE OF CANDIDATE _____"
Within two days after the filing of a nominating petition, the city clerk shall notify the
candidate and the person who filed the petition whether or not it is found to be signed by the
required number of qualified electors. If a petition is found insufficient, the city clerk shall return
it immediately to the person who filed it with a statement certifying wherein the petition is found
insufficient. Within the regular time for filing petitions, such a petition may be amended and filed
again as a new petition, in which case the time 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. 28-93-3, § 1, 8-23-93; Ord. No. 33-07-13, § 1, 10-2-07; Ord. No. 33-10-17, § 1,
6-28-10)
Sec. 40. Elections: Primary.
A primary election for the nomination of candidates for the office of city commissioner of
the city shall be held every two (2) years on the Tuesday that is ten (10) weeks prior to the
General Election, for each seat on the city commission which shall become vacant on the
second Monday in November of the same year, or when the newly elected city commissioners
assume the duties office in accordance with Sec. 14 of this Charter. The two candidates for
each seat to be filled receiving the greatest number of votes in said primary shall be certified as
candidates or nominees at the general election, provided, however, that should any candidate
receive at such primary election a majority of all votes cast, he shall be declared regularly
elected and shall not be required to enter the general election as hereinafter provided. However,
should only one candidate be nominated for a particular seat, an election for that seat will not be
required and the unopposed candidate shall be declared elected to the office of city
commissioner.
(Ord. No. 28-93-3, § 1, 8-23-93; Ord. No. 33-07-13, § 1, 10-2-07; Ord. No. 33-10-17, § 1,
6-28-10)
Sec. 41. Elections: General.
A regular or general election of candidates or nominees to the office of city
commissioner shall be held every two (2) years on the first Tuesday after the first Monday in
November, unless all vacancies have been determined by the primary election in accordance
with Section 40 of this Charter. The candidate or nominee receiving the majority of votes 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. 28-93-3, § 1, 8-23-93; Ord. No. 33-07-13, § 1, 10-2-07; Ord. No. 33-10-17, § 1,
6-28-10)
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. 28-93-3, § 1, 8-23-93)
Sec. 43. Elections: Canvassing board, duties.
The City of Atlantic Beach Canvassing Board shall be composed of the City Attorney,
City Manager and City Clerk. In the event that any member is unable to serve, a replacement
member shall be appointed by the remaining two board members. Said replacement shall be a
registered voter residing in Atlantic Beach. Should the City of Atlantic Beach municipal election
occur on the same day as a county or special election, the county canvassing board will fulfill
the following duties listed in this section. The Atlantic Beach Canvassing Board shall meet 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 Fla.Stat. Chapters 101 and 102 for a complete listing
of Canvassing Board duties. The clerk shall provide a certificate of election to the candidates
elected.
(Ord. No. 28-93-3, § 1, 8-23-93; Ord. No. 33-07-13, § 1, 10-2-07; Ord. No. 33-10-17, § 1,
6-28-10)
Editor's note—
Section 1 of Ord. No. 33-10-17, adopted June 28, 2010, changed the title of § 43 from
"Elections: Canvass of returns" to "Elections: Canvassing board, duties."
ARTICLE X. INITIATIVE AND REFERENDUM
Sec. 44. Power of initiative.
Sec. 45. Power of referendum.
Sec. 46. Form of petitions; committee of petitioners.
Sec. 47. Filing, examination and certification of petitions.
Sec. 48. Amendment of petitions.
Sec. 49. Effect of certification of referendum petition.
Sec. 50. Consideration by city commission.
Sec. 51. Submission to electors.
Sec. 52. Form of ballot for initiated and referred ordinances.
Sec. 53. Availability of list of qualified electors.
Sec. 54. Results of election.
Sec. 55. Repealing ordinances.
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 a t least
twenty-five per centum (25%) of the registered electors at the last regular municipal election.
(Ord. No. 28-93-3, § 1, 8-23-93)
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 b ond 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 twenty 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 twenty-five per centum (25%) 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 or submitted to a vote of the electors.
(Ord. No. 28-93-3, § 1, 8-23-93)
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. 28-93-3, § 1, 8-23-93)
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 twenty 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. 28-93-3, § 1, 8-23-93)
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. 28-93-3, § 1, 8-23-93)
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. 28-93-3, § 1, 8-23-93)
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. If such ordinance 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?"
(Ord. No. 28-93-3, § 1, 8-23-93)
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 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 may provide for a special election.
(Ord. No. 28-93-3, § 1, 8-23-93)
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. 28-93-3, § 1, 8-23-93)
Sec. 53. Availability of list of qualified electors.
Lists of qualified electors or registers may be purchased from the Supervisor of Elections
for Duval County in accordance with the provisions of F.S. 98.211.
(Ord. No. 28-93-3, § 1, 8-23-93)
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. 28-93-3, § 1, 8-23-93)
Sec. 55. Repealing ordinances.
Initiated and referred ordinances may be amended or repealed only by a four-fifths
affirmative vote of the full city commission following a public hearing.
(Ord. No. 28-93-3, § 1, 8-23-93)
ARTICLE XI. RECALL ELECTIONS
Sec. 56. Procedures.
Sec. 56. Procedures.
Recall elections shall follow those procedures prescribed by F.S. 100.361.
(Ord. No. 28-93-3, § 1, 8-23-93)
ARTICLE XII. FRANCHISES
Sec. 57. Granting of franchises.
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. 28-93-3, § 1, 8-23-93)
ARTICLE XIII. TAX ADMINISTRATION
Sec. 58. 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. 28-93-3, § 1, 8-23-93)
ARTICLE XIV. ZONING
Sec. 59. Zoning, land development regulations and maximum building height.
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 Sea Turtle Inn 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.
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. 28-93-3, § 1, 8-23-93; Ord. No. 90-06-194, § 1, 8-14-06)
ARTICLE XV. MUNICIPAL BORROWING
Sec. 60. Authority to borrow.
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. 28-93-3, § 1, 8-23-93)
ARTICLE XVI. SUITS AGAINST THE CITY
Sec. 61. Suits.
Sec. 61. Suits.
No suit shall be brought against the city for damages arising out of an alleged tortious
act, unless all provisions of state law have been met.
Upon receiving notice of any suit, the city manager shall diligently investigate the matter
and file a written report with the city clerk to be presented to the city commission at its next
meeting. The city clerk shall determine if a special meeting should be scheduled to deal with an
emergency situation. 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. 28-93-3, § 1, 8-23-93)
ARTICLE XVII. GENERAL AND MISCELLANEOUS PROVISIONS
Sec. 62. Removal of officers and employees.
Sec. 63. Removal of members of boards, commissions, or agencies.
Sec. 64. Investigations.
Sec. 65. Publicity of records.
Sec. 66. Personal interest.
Sec. 67. Official bonds.
Sec. 68. Oath of office.
Sec. 69. Effect of this Charter on existing law.
Sec. 70. Rights of officers and employees preserved.
Sec. 71. Continuance of present officers.
Sec. 72. Continuity of offices, boards, commissions or agencies.
Sec. 73. Transfer of records and property.
Sec. 74. Title to property reserved.
Sec. 75. Continuance of contracts and public improvements.
Sec. 76. Pending actions and proceedings.
Sec. 77. Short title.
Sec. 78. Separability clause.
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. 28-93-3, § 1, 8-23-93)
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. 28-93-3, § 1, 8-23-93)
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. 28-93-3, § 1, 8-23-93)
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. 28-93-3, § 1, 8-23-93)
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 wilful 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. 28-93-3, § 1, 8-23-93)
State law reference— Code of ethics and public officers and employees, F.S. 112, Part III.
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. 28-93-3, § 1, 8-23-93)
Sec. 68. Oath of office.
Every officer and employee of the city shall, before entering upon the duties of his office,
take and subscribe to the following oath or affirmation, to be filed and kept in the office of the
city clerk:
"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. 28-93-3, § 1, 8-23-93)
State law reference— Oaths required of persons on payroll, F.S. 876.05.
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. 28-93-3, § 1, 8-23-93)
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. 28-93-3, § 1, 8-23-93)
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. 28-93-3, § 1, 8-23-93)
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. 28-93-3, § 1, 8-23-93)
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. 28-93-3, § 1, 8-23-93)
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. 28-93-3, § 1, 8-23-93)
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. 28-93-3, § 1, 8-23-93)
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. 28-93-3, § 1, 8-23-93)
Sec. 77. Short title.
This Charter shall be known as the "Atlantic Beach Charter."
(Ord. No. 28-93-3, § 1, 8-23-93)
Sec. 78. Separability 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. 28-93-3, § 1, 8-23-93)
ARTICLE XVIII. WHEN ACT TAKES EFFECT
Sec. 79. Effective date of Act.
Sec. 80. Effect of changes in state law.
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. 28-93-3, § 1, 8-23-93)
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. 28-93-3, § 1, 8-23-93)
CHARTER COMPARATIVE TABLE
This table shows the location of the sections of the basic Charter and the special acts amending
the Charter.
Chapter Section Section
this Charter
57-1126 1—183 1—183
59-1052 2
61-1861 6
82
61-1862 5
65-1248 80
67-1086 33
86-416 1 82
86-461 1 2(b)
CHARTER COMPARATIVE TABLE ORDINANCES
This table shows the location of ordinances amending the Charter.
Ordinance
Number
Adoption
Date
Section Section
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
i --(1)--
Editor's note—
Section 1 of Ordinance No. 28-93-3, adopted August 23, 1993, adopted a new Charter
which amended and repealed all former Charter provisions, and which was
approved at an election held on October 5, 1993. The former Charter derived from
Chapter 57-1126 of the 1957 Laws of Florida, and was amended by those special
acts and ordinances listed in the Charter Comparative Tables on pages 79 and 91,
respectively. Amendments to the Charter as herein set out are indicated by
historical citations in parenthesis following each amended section.
State law reference— Municipal Home Rule Powers Act, F.S. Ch. 166.