Registered Voters as of March 25th: Total 792,115 - Dem. 337,194 - Rep. 215,622 - Other 05,114 - NPA 234,185


Judicial Order for Immediate, Temporary Stay Regarding 2016 Charter Questions 2 and 3

Orange County Charter Election History From 1986-2016

Orange County Charter Review Commission Final Report - June 24,2016

Orange County Charter (including 2014 Amendments)

Orange County Charter (Including 2014 Amendments) PDF 

2012 Orange County Charter Review Commission Final Report

 The text below reflects the Orange County Charter, as amended in 1998-

Amended Orange County Charter
(As amended in the November, 1998 Primary Election) 
   

TABLE OF CONTENTS

PREAMBLE


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:  

  • A. Just and Equitable Taxation.
  • B. Proper User of Public Property.
  • C. Full Disclosure of Public Records and Proceedings.
  • D. Prevention of Abuse of the Environment.

Section 107. Casino Gambling.  

  • A. Reservation of Power by the Electorate. The citizens of Orange county reserve to themselves the power to approve or disapprove casino gambling of any nature within the boundaries of the county. Therefore, if and when casino gambling becomes lawful under the Constitution and laws of the State of Florida, no action may be taken by the Board of County Commissioners, by the governing body of any municipality, or by any elected or appointed official or employee of either the county or any municipality the effect of which is to authorize, to approve, or in any manner to allow casino gambling to occur anywhere in the county unless and until casino gambling in the county is first authorized by an approving vote of a majority of the qualified electors residing in the county and voting on the question at referendum, and such referendum must be separate and apart from any statewide or multicounty referendum on the question.
  • B. Definition. For purpose of this section, "casino gambling" means playing or engaging in any game of skill or chance for money or any other thing of value, regardless of how such game is named, labeled, or otherwise characterized, which game of skill or chance, when played for money or other thing of value, was unlawful under the Constitution or laws of the State of Florida as of July 1, 1995.
  • C. Referendum. At any primary, special, or general election, the Board of County Commissioners may offer to the electorate, and upon a petition from the governing body of a municipality in the county, the Board shall offer as soon as practical to the electorate, the question of whether casino gambling shall be authorized in the county. Upon approval of the question at referendum, the county and any municipality may thereafter allow casino gambling to the extent lawful under the Constitution and laws of the State of Florida, and at the option of the Board this section may then be deleted from this Charter. If the question is disapproved at referendum, it may be offered to the electorate again from time to time, but in no case more frequently than once in any period of 24 months.
  • D. Enforcement. The restrictions in this section may be enforced by the county, by any municipality in the county, or by any person substantially affected by any violation thereof.
  • E. Municipal Referenda Not Prohibited. Nothing in this section prohibits any municipality in the county, whether by charter or municipal ordinance, from likewise requiring approval by its voters at referendum before casino gambling may be allowed within the boundaries of the municipality, but any such referendum requirement shall be in addition to, not in substitution of, the referendum approval required by subsection A.

(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)   
Section 109. Construction.  
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)   
Section 110. Severability.  
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    
Section 201. Reserved.
(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.  

  • A. Commissioners shall be elected for terms of four (4) years. Elections shall be staggered so that three (3) Commissioners will be elected every two (2) years. (Amended November 1988; November 1992)
  • B. Any County Commissioner who has held the same commission district office for the preceding two (2) full terms is prohibited from appearing on the ballot for re-election to that office; provided, however, that the terms of office beginning before November 4, 1996 shall not be counted.

(Adopted November 1996)   
Section 205. Compensation.  
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)   
Section 206. Vacancies.  
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)   
Section 207. Duties.  
The Board shall have the power to originate, terminate and regulate legislative and policy matters including, but not limited to:  

  • 1. Adopting or enacting, in accordance with the procedures provided by general law, ordinances and resolutions it deems necessary and proper for the good governance of the County;
  • 2. Approving the annual operating and capital budgets and any long term capital or financial program;
  • 3. Considering conducting continuing studies in the operation of County programs and services and take action on programs for improvement of the County and the welfare of its residents;
  • 4. Adopting, and amending as necessary, a County administrative code to govern the operation of the County;
  • 5. Adopting pursuant to the provisions of this Charter, such ordinances of countywide force and effect as are necessary for the health, safety and welfare of the residents.

The Commissioners shall only devote such time as is necessary to perform the legislative responsibilities of their office.  
(Amended November 1988)   
Section 208. Organization.  
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)   
Section 209. Meetings.  
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)   
Section 302. County Chairman.  
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.  

  • A. Compensation. The salary of the County Chairman elected in the general election of November 1990 shall be $80,000 per annum and thereafter the Chairman's salary shall be set by ordinance. The salary in effect at the beginning of a County Chairman's term in office shall not be lowered during that term.
  • B. Vacancy. Vacancies in the office of the County Chairman shall be defined and filled in accordance with state law. If the County Chairman changes residence from Orange County, he shall be deemed to have vacated such office.
  • C. Terms. The County Chairman shall be elected for a term of four (4) years and shall be limited to two (2) full consecutive terms. The first election for this position shall be held at the General Election of 1990 and the person elected shall take office two (2) weeks after that election.
  • D. Duties. The County Chairman shall have the following powers and duties:
    • 1. Manage the operation of all elements of County government under the jurisdiction of the Board, consistent with the policies, ordinances and resolutions enacted by the Board;
    • 2. Serve as Chair of the Board of County Commissioners;
    • 3. Vote on all matters before the Board;
    • 4. Be responsible for the execution of all contracts and legal documents, but may delegate this authority;
    • 5. Prepare and publish agendas for all meetings of the Board and submit the annual budget estimate with a plan of action to meet the needs of the County for adoption by the Board;
    • 6. Appoint and dismiss heads of County departments, divisions and other agencies under the jurisdiction of the Board except that all such appointments shall be made annually and shall be subject to confirmation by the Board;
    • 7. Assure the faithful execution of all ordinances, resolutions and orders of the Board and all laws of the State which are subject to enforcement by the County Chairman, or by officers who are subject under this Charter to the Chairman's discretion and supervision;
    • 8. Present annually at a time designated by the Board, a "State of the County" message, setting forth programs and recommendations to the Board;
    • 9. Supervise the daily activities of employees;
    • 10. Serve as the official representative and ceremonial dignitary for the government of Orange County with prerogative to issue proclamations;
    • 11. Sign ordinances, resolutions and documents for the Board;
    • 12. Call the Board into regular and special session; and
    • 13. Carry other powers and duties as required by this Charter or may be prescribed by the Board.

(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.  

  • A. Compensation. The County Administrator's salary will be established by resolution of the Board after recommendation by the County Chairman.
  • B. Vacancy. The County Chairman may designate a qualified County administrative officer or County employee to exercise the powers and perform the duties of the County Administrator during the County Administrator's absence or disability. If there is a vacancy in both the offices of County Chairman and the County Administrator, the Board shall designate by resolution a qualified person to perform the duties of the County Administrator.

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.  

  • A. The following initial divisions are hereby established:
    • 1. Community Rehabilitative Services.
    • 2. Fire and Rescue Services.
    • 3. Public Utilities.
    • 4. Administrative Support.
    • 5. Health and Human Services.
    • 6. Public Works and Development.
    • 7. Civic Facilities.
    • 8. Legal Services.
  • B. Administrative Regulations. The County Chairman shall prepare Administrative Regulations and submit same to the Board for review, amendment and adoption, which Regulations shall set forth the organization of Orange County government and the nature and scope of each division together with rules, procedures and personnel for operation of said divisions.

(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.  

  • A. Functions, Powers and Duties of the Planning and Zoning Commission. The Planning and Zoning Commission shall:
    • 1. propose amendments and revisions to the comprehensive and coordinated general plan to meet present requirements and such future requirements as may be foreseen, and propose amendments and revisions to the official zoning maps showing the zones and districts as established by the comprehensive plan;
    • 2. conduct public hearings as required to hear requests for zoning changes; and
    • 3. perform any other duties which may be lawfully assigned to it.

(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.  

  • A. Functions, Powers and Duties of the Board of Zoning Adjustment. The Board of Zoning Adjustment shall:
    • 1. hear and decide appeals taken from the requirement, decision or determination made by the Planning or Zoning Department Manager where it is alleged that there is an error in the requirement, decision or determination made by said Department Manager in the enforcement of zoning regulations;
    • 2. hear and decide only such special exceptions as the Board of Zoning Adjustment is specifically authorized to pass on by the terms of the zoning resolutions;
    • 3. authorize upon appeal in specific cases such variance from the terms of the zoning resolutions as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of the zoning resolutions would result in unnecessary hardship; and
    • 4. perform any other duties which may be lawfully assigned to it.

(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 504. (Reserved)   
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.  

  • A. Charter. A petition seeking to amend or repeal the Charter of Orange County shall be signed by ten percent (10%) of the County electors in a majority of the Commission districts as of January 1 of the year in which the petition is initiated.
  • B. Ordinance. A petition seeking to enact, amend or repeal an ordinance shall be signed by seven percent (7%) of the County electors in each Commission district as of January 1 of the year in which petition is initiated.

(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.  

  • A. Charter. Within thirty (30) days after the requisite number of names have been verified by the Supervisor of Elections and reported to the Board, the Board shall, by resolution, call a referendum on the question of the adoption of the proposed petition to be held at the next primary, general or special election occurring at least forty-five (45) days after the adoption of such resolution. If the question of the adoption of the proposed petition is approved by a majority of those registered electors voting on the question, the proposed petition shall be enacted and shall become effective on the date specified in the petition, or, if not so specified, on January 1 of the succeeding year.
  • B. Ordinance. Within thirty (30) days after the requisite number of names have been verified by the Supervisor of Elections and reported to the Board, the Board shall notice and hold a public hearing on the proposed petition according to law and vote on it. If the Board fails to adopt the proposed petition, it shall, by resolution, call a referendum on the question of the adoption of the proposed petition to be held at the next primary, general or special election occurring at least forty-five (45) days after the adoption of such resolution. If the question of the adoption of the proposed petition is approved by a majority of those registered electors voting on the question, the proposed petition shall be declared by resolution of the Board to be enacted and shall become effective on the date specified in the petition, or, if not so specified, on January 1 of the succeeding year. The Board shall not amend or repeal an ordinance adopted by initiative for a period of one (1) year after the effective date of such ordinance.
  • C. The initiative power shall not be restricted, except as provided by general law and this Charter.

(Adopted November 1988)   
Section 603. Limitation.  
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)   
Section 604. Power of Recall.  
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.  

  • A. A Charter Review Commission shall be appointed by the Board. The Charter Review Commission shall consist of not less than eleven (11) members and not more than fifteen (15) members. All members of the Charter Review Commission shall be electors of the County. No elected official shall be appointed as a member of the Charter Review Commission.
  • B. The Charter Review Commission shall be empowered to conduct a comprehensive study of any or all phases of County government. The Charter Review Commission shall be appointed no later than February 1, of the year prior to a Presidential election year and shall adjourn sine die no later than the Monday following that election. A Charter Review Commission will be appointed on a four-year cycle. A Charter Review Commission may, during its term, place proposed amendments and revisions of the Charter on the ballot at general elections only, providing a report of the proposed changes has been delivered to the Clerk of the Board of County Commissioners at least 60 days prior to the election. Such amendments or revisions do not require the approve of the Board of County Commissioners.
  • C. The Charter Review Commission shall hold no less than four (4) public hearings prior to presenting proposed Charter revisions and amendments to the public.
  • D. The Charter Review Commission shall create and elect appropriate officers as it deems necessary and proper for the orderly conduct of its specific duties.
  • E. The Board shall defray any reasonable expenses of the Charter Review Commission.

(Amended November 1988; November 1992; November 1996)   
Section 703. County Officers.  

  • A. The charter offices of Property Appraiser, Tax Collector and Sheriff formerly created by this section 703 are abolished. The functions and duties of each of these respective charter offices are transferred to the Property Appraiser, Tax Collector, and Sheriff, as county officers under Article VIII, Section 1(d) of the Florida Constitution and each of these offices is hereby reestablished under Article VIII, Section 1(d) of the Constitution of the State of Florida. This sub-section A. shall take effect on January 8, 1997. The holders of the former charter offices of Property Appraiser, Tax Collector, and Sheriff as of the effective date shall be retained and shall constitute the initial county officers serving as Property Appraiser, Tax Collector, and Sheriff, as those offices are reestablished under Article VIII, Section 1(d) of the Constitution of the State of Florida.
  • B. Except as may be specifically set forth in the Charter, the county officers referenced under Article VIII, Section 1(d) of the Florida Constitution and Chapter 72-461, Laws of Florida shall not be governed by the Charter but instead governed by the Constitution and laws of the State of Florida.

(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)   
Section 705. Bonds.  
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.   
Section 707. Code of Ethics.  
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.  

  • A. There is hereby created the Orange County Citizen Review Board composed of not less than seven (7) nor more than eleven (11) members, two (2) of whom shall be appointed by the Office of Sheriff, with the remainder appointed by the Board of County Commissioners. The composition of the Citizen Review Board shall reflect the ethnic, racial and economic diversity of Orange County. The Citizen Review Board shall be charged with reviewing citizen complaints and departmental investigations thereof regarding the use of force or abuse of power by any officer or employee of the Office of Sheriff. The Board of County Commissioners shall specify the number of members and may from time to time provide for rules of procedure and other administrative matters by ordinance.
  • B. For the purpose of conducting investigations pursuant to this section, the Citizen Review Board may subpoena witnesses, administer oaths, take testimony and require production of evidence. Any person who fails or refuses to obey a lawful order or subpoena issued in the exercise of these powers shall be guilty of a misdemeanor upon conviction and shall be punished according to law. Upon completion of any investigation or inquiry, the Citizen Review Board shall issue to the Office of Sheriff its finding of facts and recommendations.

(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. 


ORDINANCE NO. 96-40
  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.  

 

Bill Cowles, Orange County Supervisor of Elections

Street Address: 119 West Kaley Street Orlando, FL 32806

Mailing Address: PO BOX 562001 Orlando, FL 32856-2001

Office: 407-836-2070    Fax: 407-254-6596    TDD:407-422-4833

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