Orange County Charter (updated November, 2008)
ORANGE COUNTY CHARTER PREAMBLE
The Citizens of Orange County, joined together in the belief that governmental decisions affecting local interests should be made locally rather than by the State, and that County government should be reflective of the people of the County and should serve them in achieving a more responsive and efficient form of local government with improved cooperation between the County and the municipalities and other governmental units within the County; and, in order to empower the people of this County to make changes in their own government, do hereby avail themselves of the full home rule benefits afforded by the Florida Constitution to adopt a Home Rule Charter, do ordain and establish this Home Rule Charter for Orange County, Florida.
ARTICLE I -- POWERS OF GOVERNMENT
Section 101. Body Corporate and Politic.
Orange County shall be a Body Corporate and Politic and, as such, shall have all rights and powers of local self-government which are now, or hereafter may be, provided by the U.S. Constitution and the Constitution and Laws of Florida and this Charter.
Section 102. Name and Boundaries.
The Corporate name shall be "Orange County," hereinafter referred to as the "County," and shall be so designated in all actions and proceedings touching its rights, powers, properties and duties. Its seat and boundaries shall be those presently designated by law.
Section 103. General Powers of the County.
Unless provided to the contrary in this Charter, Orange County shall have all powers of local self-government not inconsistent with general law, or with special law approved by vote of the electors.
Section 104. Special Powers of the County.
The County, operating under this Charter, shall have all special powers and duties which are not inconsistent with this Charter heretofore granted by law to the Board of County Commissioners (hereinafter "Board"), and shall have such additional County and municipal powers, as may be required to fulfill the intent of this Charter, including but not limited to, the creation and abolition of special municipal taxing units with independent budgets. Property situated within municipalities shall not be subject to taxation for services rendered by the County exclusively for the benefit of the property of residents not within municipal boundaries, nor shall property situated in the unincorporated area of the County be subject to taxation for services provided by the County exclusively for the benefit of the property of residents within municipal boundaries.
(Amended November 1992)
Section 105. Transfer of Powers.
The County shall have the power and authority, pursuant to the Constitution and Laws of Florida, to assume and perform all functions and obligations now or hereinafter performed by any municipality, special district or agency, whenever such municipality, special district or agency shall request the performance or transfer of the function to the County.
Section 106. Security of the Citizens.
In order to secure to the citizens of the County protection against abuses and encroachments, the County shall use its powers to secure for all Citizens by ordinance or by civil or criminal action, whenever appropriate, the following:
(Created March 1996)
Section 108. Division of Powers.
This Charter hereby establishes the separation between the legislative and executive functions of this government; the establishment and adoption of policy shall be the responsibility of the Legislative Branch, and the execution of that policy shall be the responsibility of the Executive Branch.
(Amended November 1988) (Renumbered pursuant to amendments adopted March 1996)
The powers granted by this Charter shall be construed liberally in favor of the County government. The specified powers in this Charter shall not be construed as limiting, in any way, the general or specific power of the government, as stated in this Article.
(Renumbered pursuant to amendments adopted March 1996)
If any article, section, subsection, sentence, clause or provision of this Charter or the application thereof shall be held invalid for any reason, the remainder of the Charter and of any ordinances, regulations or resolutions made thereunder shall remain in full force and effect.
(Renumbered pursuant to amendments adopted March 1996)
ARTICLE II -- LEGISLATIVE BRANCH: BOARD OF COUNTY COMMISSIONERS
(Repealed and Reserved November 1988)
Section 202. Commission Districts.
There shall be six (6) commission districts of contiguous territory as nearly equal in population as practicable. These districts shall be reconsidered after each decennial census and adjusted by the Board after one or more public hearings.
(Amended November 1988; November 1992)
Section 203. Structure of Board.
The number of commissioners shall be six (6) with each member elected from single member districts and a Chairman elected county-wide. Each commissioner shall be a registered voter of and resident of the particular district he represents at the time of election to office and throughout the term of office.
(Amended November 1988; November 1992)
Section 204. Terms of County Commissioners.
(Adopted November 1996)
Commissioners elected from single member districts in the November 1990 General Election shall receive a salary of $25,000 per annum and thereafter Commissioners' salaries shall be uniform and shall be set by ordinance. The salary in effect at the beginning of a Commissioner's term in office shall not be lowered during that Commissioner's term.
(Amended November 1988)
Vacancies shall be defined and filled in accordance with sate law. Any Commissioner who changes residence from the district in which the Commissioner was required to reside, shall be deemed to have vacated such office. Special elections shall be held when called by the Board of County Commissioners or required by law.
(Amended November 1988)
The Board shall have the power to originate, terminate and regulate legislative and policy matters including, but not limited to:
The Commissioners shall only devote such time as is necessary to perform the legislative responsibilities of their office.
(Amended November 1988)
The Board shall annually elect from among its members a Vice Chairman. In the absence of the Chairman, the Vice Chairman shall serve as the official representative and ceremonial dignitary for the Board; shall preside during the Board of County Commissioners' meetings and may execute documents approved by the board. The Vice Chairman shall be elected by majority vote during the month of December of each calendar year.
(Amended November 1988; November 1992)
The Board shall meet regularly, at such times and places as the aboard may prescribe by rule. The Board shall determine its own rules and order of business. Special meetings may be held on the call of the Chair or of three (3) or more members, upon no less than twelve (12) hours effective notice to each member, except in the event of an emergency. Effective notice is notice served personally, or left at the usual place of residence or place of business of the particular Commissioner sought to be notified.
(Amended November 1988)
Section 210. Enactment of Ordinances and Resolutions.
The Board shall take official action only by the adoption of ordinances, resolutions, or motions and shall do so in accordance with the due process requirements of general law. Emergency ordinances may be enacted without public notice or hearing in accordance with general law, and where compelling circumstances warrant such action. Any ordinances adopted under emergency provisions will be reenacted, within thirty (30) days of enactment, in accordance with the due process requirements of general law for non-emergency ordinances. Any ordinances enacted under emergency provision will be effective for a limited period of thirty (30) days.
(Amended November 1988)
Section 211. Code of Ordinances.
The Board shall maintain a current codification of all ordinances. Such codification shall be published and made available for distribution on a continuing basis.
(Amended November 1988)
Section 212. Non-Interference.
Except for purposes of inquiry and information, Commissioners are prohibited from interfering with employees, officers, or agents under the direct or indirect supervision of the County Chairman.
(Amended November 1988)
ARTICLE III -- EXECUTIVE BRANCH
Section 301. County Administration.
There shall be an Executive Branch having jurisdiction over all operations of the County government not herein assigned to the Legislative Branch or otherwise provided by this Charter. The Executive Branch shall be composed of an elected County Chairman, an appointed County Administrator, the officers and employees of the administrative offices and executive divisions established by this Charter or created by the Board, and the administrative offices and employees of all Adjustment, Regulatory and Advisory Boards and Commissions, except as otherwise provided in this Charter.
(Amended November 1988)
The County Chairman shall be a registered voter of and resident of Orange County at the time of election to office and throughout the term of office. The office shall be a full-time position combining both the duties of ceremonial head and operational head of these activities within the jurisdiction of the Board of County Commissioners.
(Amended November 1988)
Section 303. County Administrator.
There shall be a County Administrator who shall be appointed by the County Chairman and confirmed by the Board and shall serve at the pleasure of the Chairman. The County Administrator shall be nominated and selected on the basis of professional training and executive and administrative experience as set forth by ordinance. The County Administrator shall be employed on a full-time basis to assist the County Chairman in the daily management of the County.
ARTICLE IV -- ADMINISTRATIVE DIVISIONS, OFFICERS AND AGENCIES.
Section 401. General Provisions.
The activities under the direction and supervision of the County Chairman shall be distributed among such initial divisions and agencies as are established by this Charter or may be established, merged or abolished thereunder by the Administrative Regulations. Except as provided by this Charter, each such division or agency shall be administrated by an officer appointed by and subject under this Charter to the direction and supervision of the County Chairman.
(Amended November 1988)
Section 402. Initial Divisions and Administrative Regulations.
(Amended November 1988)
Section 403. Reserved (Repealed November 1988)
ARTICLE V -- PLANNING AND ZONING COMMISSION AND BOARD OF ZONING ADJUSTMENT
Section 501. Creation of Orange County Planning and Zoning Commission.
There shall be a Planning and Zoning Commission whose membership shall be determined by the Board or County Commissioners.
(Amended November 1988)
Section 502. Creation of Board of Zoning Adjustment.
There shall be a Board of Zoning Adjustment whose membership shall be determined by the Board of County Commissioners.
(Amended November 1988)
Section 503. Review of Planning and Zoning Commission's and Board of Zoning Adjustment's Decisions.
Any person aggrieved by any decision of the Planning and Zoning Commission or Board of Zoning Adjustment may file a notice of appeal to the Board of County Commissioners. Said appeal shall be processed and heard in accordance with such procedures as are prescribed by Orange County Code.
(Amended November 1988)
Section 505. Voluntary Annexation.
A. (1) The Board of County Commissioners may designate as "Preservation Districts" any areas of Orange County that are not within municipalities and that have existing historical and cohesive residential communities located within Rural Settlements as identified by the County's comprehensive plan (or within such successor land use categories as the Board may from time to time use in the comprehensive plan).
(2) There is created as a preservation district the "Dr. Phillips Urban Preservation District" in unincorporated Orange County. It has existing historical and residential communities which form a cohesive whole. Its boundaries and description are respectively set forth at Appendixes "A" and "B" to Orange County Ordinance No. 98-08.
B. Voluntary annexation in a Preservation District may occur only if it is approved by a majority of the Board of County Commissioners after an advertised public hearing and by a majority of the registered electors residing within the boundaries of the Preservation District in which the property or properties lie and voting on the question. The vote by the registered electors residing within the Preservation District shall be conducted in accordance with Florida laws pertaining to annexation elections, and the Board of County Commissioners may adopt regulations and procedures to implement this method of voluntary annexation.
C. The annexation requirements in subsection (b) shall not apply to the Dr. Phillips Urban Preservation District if and to the extent their application would impair contractual rights under any agreement existing prior to the date the district was created.
(Created November 1992) (Amended September 1998)
ARTICLE VI -- INITIATIVE, REFERENDUM AND RECALL
Section 601. Initiative and Referendum.
The power to propose amendment or repeal of this Charter, or to propose enactment, amendment or repeal of any County ordinance by initiative is reserved to the people of the County.
(Amended November 1988)
Section 602. Procedure for Initiative and Referendum.
The sponsor of an initiative petition shall, prior to obtaining any signatures, submit the text of the proposed petition to the Supervisor of Elections, with the form on which signatures will be affixed, and shall obtain the approval of the Supervisor of Elections of such form. The style and requirements of such form may be specified by ordinance. The beginning date of any petition drive shall commence upon the date of approval by the Supervisor of Elections of the form on which signatures will be affixed, and said drive shall terminate 180 days after that date. In the event sufficient signatures are not acquired during that 180 day period, the petition drive shall be rendered null and void and none of the signatures may be carried over onto another identical or similar petition. If sufficient signatures are obtained, the sponsor shall submit signed and dated forms to the Supervisor of Elections who shall within thirty (30) days verify the signatures thereon and submit a written report to the Board.
(Adopted November 1988)
The power to enact, amend or repeal an ordinance by initiative shall not include ordinances relating to administrative or judicial functions of County government, including but not limited to, County budget, debt obligations, capital improvement programs, salaries of County officers and employees, and the levy and collection of taxes.
(Renumbered pursuant to amendments adopted November 1988)
The electors of the County shall have the power to recall any elected Charter officer in accordance with the laws of the State of Florida.
(Renumbered pursuant to amendments adopted November 1988)
Section 605. Nonpartisan Elections.
Elections for all Charter offices shall be nonpartisan. No candidate shall be required to pay any party assessment or be required to state the party of which the candidate is a member. All candidates' names shall be placed on the ballot without reference to political party affiliation.
In the event that more than two (2) candidates have qualified for any single office under the chartered government, an election shall be held at the time of the First Primary Election and, providing no candidate receives a majority of the votes cast, the two (2) candidates receiving the most votes shall be placed on the ballot for the General Election.
(Created November 1992)
ARTICLE VII -- GENERAL PROVISIONS
Section 701. Charter Amendment by Board.
The Board, by a majority vote of all members, shall have the authority to propose amendments to this Charter subject to referendum of the general electorate, at any primary, general or special election.
(Amended November 1988)
Section 702. Charter Review Commission.
(Amended November 1988; November 1992; November 1996)
(Amended November 1992; November 1996)
NOTE: Created 1992, effective January 1995. See, Charter Review Commission v. Scott, et al., 647 So. 2d 835 (Fla. 1994).
Section 704. Conflict of County Ordinances with Municipal Ordinances; Pre-emption.
No county ordinance shall be effective within a municipality if the municipality maintains an ordinance covering the same subject matter, activity or conduct as the county ordinance, provided, however, that county ordinances shall be effective within municipalities and shall prevail over municipal ordinances only when the county shall set minimum standards for (1) regulating adult entertainment and (2) protecting the environment by prohibiting or regulating air or water pollution, and only to the extent that such minimum standards are stricter than the applicable municipal standards. The intent of this section is that no person within a municipality shall be governed simultaneously by two (2) sets of ordinances covering the same subject matter, activity or conduct, except in matters of minimum adult entertainment or pollution regulatory standards. In the absence of an ordinance within a municipality on a subject, the county ordinance on that subject shall govern.
(Amended November 1988; November 1996)
The Board may issue bonds as provided by the general law of the State of Florida. All bonds, revenue certificates, and other financial obligations of the County outstanding on the effective date of this Charter shall continue to be the obligation of the County.
(Amended November 1988)
Section 706. Legal Actions Involving County.
In any legal actions by or against the County, the County as a corporate body, shall be the party named, and shall appear and participate in the cause on behalf of the division, officer or employee in such cause, other than constitutional officers and their employees, where such legal action involves matters within the scope of said department's, officer's, or employee's responsibilities.
The code of ethics, as provided by general law, shall have full effect on all employees and officeholders under the Charter government. Penalty for violation shall be as provided by general law.
Section 708. Existing Contracts.
No provision of this Charter shall be construed to interfere with any valid contract entered into by the former County government.
Section 709. Uniform Budget Procedure.
All County divisions, offices, agencies and boards shall operate under a unified and uniform budget system. No officer or employee of the County shall be compensated by fees, and all fees collected by any division, office, agency or board shall be deposited in the County treasury.
Section 710. Effect of Special Acts.
In the furtherance of the orderly exercise of the power of local government for the benefit of the people in Orange County, the special acts of the legislature related to Orange County shall remain in full force and effect until amended or superseded by the legislative procedures and powers vested in the Charter government of Orange County and by the Constitution and Laws of Florida.
Section 711. Home Rule Charter Transition.
Unless otherwise expressly provided for in this Home Rule Charter, the adoption of this Home Rule Charter shall not affect any existing obligations of Orange County, the validity of any of its ordinances, or the terms of office of any elected County Officer which term shall continue as if this Charter had not been passed.
Section 712. Audits of County Officers.
The Orange County Comptroller is authorized and required to conduct audits, including performance audits, of the offices of the Sheriff, Property Appraiser, Tax Collector, Clerk of Court, and Supervisor of Elections, and the Orange County Board of County Commissioners shall be authorized and required to order audits, including performance audits, of the office of the Orange County Comptroller.
(Created November 1996; Former Section 712 Repealed November 1988)
ARTICLE VIII -- CITIZEN REVIEW BOARD
Section 801. Citizen Review Board.
(Created November 1992)
NOTE: Created 1992, effective
January 1995. See, Charter Review Commission v. Scott, et al., 647 So. 2d 835 (Fla.
1994).
ORANGE COUNTY ORDINANCE NO. 96-18
AN ORDINANCE PERTAINING TO ELECTIONS; PROVIDING FOR QUALIFYING FEES FOR CANDIDATES FOR NONPARTISAN CHAPTER OFFICES; PROVIDING FOR AN ALTERNATIVE METHOD OF QUALIFYING FOR CANDIDATES FOR NONPARTISAN CHARTER OFFICES; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE
WHEREAS, Section 605 of the Orange County Charter provides that elections for all charter offices shall be nonpartisan and provides that no candidate shall be required to pay any party assessment or be required to state the party of which the candidate is a member; and
WHEREAS, neither the Orange County Charter nor Florida Statutes set forth the qualifying fees nor do they provide a method of qualifying through a petition process for candidates for nonpartisan charter offices; and
WHEREAS, the Orange County Supervisor of Elections has requested that the Board of County Commissioners adopt an ordinance pursuant to its home rule powers to provide for a more orderly elections process by establishing qualifying fees for candidates for nonpartisan charter offices and also to provide for an alternative method of qualifying for such candidates.
ACCORDINGLY, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ORANGE COUNTY, FLORIDA:
Section 1. Qualifying Fees. (a) Each person seeking to qualify for nonpartisan charter office, except a person seeking to qualify by the alternative method (petitioning process) set forth in Section 2 hereof, shall pay a qualifying fee, which shall consist of a filing fee and election assessment, to the Orange County Supervisor of Elections at the time of filing his or her other qualifying papers.
(b) The amount of the filing fee shall be 4.5 percent of the annual salary of the office. From the filing fee, an amount equal to 1.5 percent of the annual salary of the office shall be transferred to the Election Campaign financing Trust Fund. The remainder shall be deposited into the general revenue of Orange County. The amount of the election assessment shall be one (1) percent of the annual salary of the office sought. The election assessment shall be deposited into the Elections Commission Trust Fund.
(c) The annual salary of the office for purposes of computing the filing fee and election assessment shall be computed by multiplying twelve (12) times the monthly salary, excluding any special qualification pay, authorized for such office as of July 1 immediately preceding the first day of qualifying. No qualifying fee shall be returned to the candidate unless he or she withdraws his or her candidacy before the last date to qualify.
(d) If a candidate dies prior to an election and has not withdrawn his or her candidacy before the last date to qualify, the candidate's qualifying fee shall be returned to the candidate's designated beneficiary.
Section 2. Alternative Method of Qualifying. (a) A person seeking to qualify for nonpartisan charter office may qualify for election to such office by means of the petitioning process prescribed herein. A person qualifying by this alternative method shall not be required to pay a qualifying fee. A person using this petitioning process shall file an oath with the Orange County Supervisor of Elections stating that he or she intends to qualify for the office sought by this alternative method. Such oath shall be filed at any time after the first Tuesday after the first Monday in January of the year in which the election is held, but prior to the 21st day preceding the first day of the qualifying period for the office sought. The form of such oath shall be prescribed by the Supervisor of Elections. No signatures shall be obtained until the candidate has file the oath prescribed herein.
(b) Upon receipt of a written oath from a candidate, the Supervisor of Elections shall provide the candidate with petition forms in sufficient numbers to facilitate the gathering of signatures pursuant to this section. No signature shall be counted toward the number of signatures required unless it is on the petition form prescribed by the Supervisor of Elections. The candidate's petition must indicate, prior to the obtaining of registered electors' signatures, the office, including any applicable district number, for which the candidate is running.
(c) A candidate for nonpartisan charter office shall obtain the signature of a number of qualified electors equal to at least three (3) percent of the total number of registered electors of the geographical entity of the office being sought as shown by the Supervisor of Elections for the last preceding general election. Each petition shall be submitted prior to noon of the 21st day preceding the first day of the qualifying period for the office sought to the Supervisor of Elections. The Supervisor of Elections shall check the signatures on the petition to verify their status as electors within the geographical entity of the office being sought and determine whether the required number of signatures has been obtained for the name of the candidate to be placed on the ballot and shall notify the candidate. If the required number of signatures has been obtained, the candidate shall, during the time prescribed for qualifying for office, submit a copy of such notice and file his or her qualifying papers and oath prescribed in Section 99.021 Florida Statutes, with the Supervisor of Elections.
Section 3. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this ordinance which can be given effect without the valid provision or application and to this end the provisions of this ordinance are declared severable.
Section 4. Effective Date. This Ordinance shall take effect pursuant to general law.
AN ORDINANCE PERTAINING TO ELECTED OFFICERS IN ORANGE COUNTY, FLORIDA; SETTING THE SALARIES TO BE RECEIVED BY THE COUNTY CHAIRMAN AND COUNTY COMMISSIONERS; ESTABLISHING THE METHOD BY WHICH PERIODIC INCREASES AND DECREASES IN SALARIES FOR THE COUNTY CHAIRMAN AND COUNTY COMMISSIONERS WILL BE COMPUTED; PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF
COUNTY COMMISSIONERS OF ORANGE COUNTY:
Section 1. Board Findings
(a) Section 205 of the Orange county Charter, as revised in November 1988, provides, in part, that "Commissioners elected from single-member districts in the November 1990 general election shall receive a salary of twenty-five thousand dollars ($25,000) per annum and thereafter commissioners' salaries shall be uniform and shall be set by ordinance."
(b) Section 207 of the Orange County Charter provides, in part, that "The commissioners shall only devote such time as is necessary to perform the legislative responsibilities of their office."
(c) Sections 205 and 207 were drafted by the 1988 Charter Review Commission on the premise that revamping the form of county government would enable the position of county commissioner to be a part-time position, with a salary reflecting part-time work.
(d) In the eight years since the enactment of Sections 205 and 207, substantial changes have occurred in Orange County and in Orange County government which have necessitated increasing the responsibilities and workload of the county commissioners. The schedule and responsibilities of the county commission members pursuant to those changes make it such that the position is one requiring full-time attention. In addition, inflation and the cost of living have increased significantly in the intervening eight years. It is, therefore, fair and equitable that an ordinance be enacted which would provide a salary for county commission members that is commensurate with and reflective of the duties and demands of the office. Furthermore, it is prudent to provide a formula for salary increases or decreases on an annual basis.
(e) Subsection 302A of the Orange County Charter states, in part, that "The salary of the county chairman elected in the general election of November 1990 shall be eighty thousand dollars ($80,000) per annum and thereafter the chairman's salary shall be set by ordinance."
(f) Subsection 302A was drafted simultaneously with the creation of the position of county chairman, and in the intervening eight years it has become evident that the duties and responsibilities of the position of county chairman are such that it is fair and equitable to enact an ordinance to increase the salary for that position and to establish a formula to provide for annual increases or decreases.
Section 2. Authority. The ordinance is enacted by the Board pursuant to the authority contained in Article VIII, Section 1 of the Constitution of the State of Florida, Sections 205 and 302 of the Orange County Charter, Section 145.012 of Florida Statutes, and other applicable provisions of law.
Section 3. Salaries; County Commissioners and County Chairman. Section 2-30 of the Orange County Code is enacted to read as follows:
Sec.2-30. Salaries; County Commissioners and County Chairman.
(a) Effective January 1, 1997, the salary paid to each county commissioner shall be $56,083.00.
(b) Effective January 1, 1997, the salary paid to the county chairman shall be $112,500.00.
(c) Thereafter, the salaries of the county commissioners and county chairman shall be increased or decreased each fiscal year by the same percentage as the percentage increase or decrease in the CPI during the previous fiscal year. "CPI" means the "Consumer Price Index for All Urban Consumers, U.S. City Average, All Items" issued by the Bureau of Labor Statistics for the United States Department of Labor (1982-84=100). If the CPI is converted to a different standard reference base on otherwise revised, the increases or decreases shall be made with the use of such conversion formula as may then be published by the Bureau of Labor Statistics.
(d) Notwithstanding subsection (c), the salaries for the county chairman and the county commissioners shall not be increased in any fiscal year by more than the percentage increase in wages and salaries, if any, granted by the board of county commissioners to county employees generally for that fiscal year, and neither the county commissioners' salaries nor the county chairman's salary shall be decreased during their respective terms of office to any amount less than their respective salaries at the start of their respective terms.
Section 4. Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of the ordinance are declared severable.
Section 5.
Effective Date: Codification. This ordinance shall
take effect pursuant to general law. Only the provisions of section 3 shall be
codified, but the provisions of section 1, 2, and 4 shall remain in full force and effect
after codification.