CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2007 WL 2713544
...171.044(4) may avail itself of the provisions of this part which authorize an interlocal service boundary agreement if such interlocal agreement is consistent with the charter of that county, as the charter was approved, revised, or amended pursuant to s.
125.64.[ [5] ] See §
171.21 (emphasis added)....
...justing municipal boundaries and to address the effects of annexation, to encourage intergovernmental coordination in planning, service delivery, and boundary adjustments, and to reduce intergovernmental conflicts and litigation. See §
171.201. [5] Section
125.64, Florida Statutes (2005), provides for adoption of a county charter by vote of the county's electors....
CopyPublished | Supreme Court of Florida | 14 Fla. L. Weekly 285, 1989 Fla. LEXIS 558, 1989 WL 65500
...Webster, a resident and registered voter of Orange County, filed suit attacking the validity of the charter. The trial court sustained the charter and entered summary judgment for the county. On appeal, the Fifth District Court of Appeal invalidated the charter for violation of the requirements of section 125.64(1), Florida Statutes (1985), that the election be held not more than ninety nor less than forty-five days subsequent to receipt of the proposed charter by the board of county commissioners....
...On motion for rehearing, the county argued that the Florida Legislature had recently enacted chapter 88-38, Laws of Florida, which had the effect of curing the irregularity of failing to hold the election within the forty-five to ninety-day time frame required by section 125.64(1) and ratifying the adoption of the Orange County charter....
...Because the Fifth District Court *1036 of Appeal did not do so, we shall undertake this responsibility. The pertinent text of chapter 88-38 stated: Section 1. Section
125.82, Florida Statutes, is amended to read:
125.82 Charter adoption by ordinance. —As a supplemental and alternative way to the provisions of ss.
125.60-
125.64, inclusive, the board of county commissioners may propose by ordinance a charter consistent with the provisions of this part and provide for a special election pursuant to the procedures established in s.
101.161(1) with notice published as provided in s.
100.342 s.
125.64 without-regard to the-time limitation contained in subsection
125.64(3), The time period provided in s.
125.64 does not apply to the proposal of a charter by ordinance under this section....
...tion 2 of chapter 88-38 so as to be entitled to ratification. First, it is clear that Orange County proposed its charter by ordinance pursuant to section
125.82, Florida Statutes (1985), rather than use of a charter commission under sections 125.-60-
125.64, Florida Statutes (1985)....
...l statute even though it affected only Hillsborough County. . The Fifth District Court of Appeal accepted this proposition but held that section
125.82, Florida Statutes (1985), did not waive the requirement of complying with the time limitations of section
125.64(1), Florida Statutes (1985). Section 1 of chapter 88-38, Laws of Florida, now makes it clear that the time limitations of section
125.64(1) are inapplicable to charters proposed by ordinance under section
125.82.
CopyAgo (Fla. Att'y Gen. 1990).
Published | Florida Attorney General Reports
...(e.s.) Any amendments which the commission determines to be desirable shall be incorporated into the proposed charter at the final hearing at which time the charter is to be voted upon and forwarded to the board of county commissioners so that a referendum may be held on the charter as provided in s. 125.64 , F.S....
...oard of county commissioners. Sincerely, Robert A. Butterworth Attorney General RAB/tgh 1 I would note, initially, that no comment is expressed herein regarding the removal of charter commission members who fail to act pursuant to s.
125.61 , F.S. 2 Section
125.64 (1), F.S. 3 Id. 4 Section
125.64 (2), F.S. 5 Section
125.64 (3), F.S....
CopyPublished | District Court of Appeal of Florida | 13 Fla. L. Weekly 1044, 1988 Fla. App. LEXIS 1683, 1988 WL 95666
...were forwarded to the Board on September 12, 1986; (2) the suggestions submitted by the League of Women Voters and the county attorney were merely “clar-ificatory;” and (3) it did not create a charter commission, and therefore the provisions of section 125.64 were inapplicable. Section 125.64(1) provides: (1) Upon submission to the board of county commissioners of a charter by the charter commission, the board of county commissioners shall call a special election to be held not more than 90 days nor less than 45 days subseq...
...We find the 45- to 90-day time period applicable to the final proposed charter that is to be submitted to the electorate. Such a determination effectuates the intent of the legislature to give the electorate time to consider and review the charter that is to be voted upon. Hence, “receipt of the proposed charter” under section 125.64(1) contemplates formal receipt by the Board of the finished product....
...Moreover, the changes suggested by the League of Women Voters were not even submitted until the day of the hearing — September 22, 1986. Thus, the special election, held only 43 days subsequent to the Board’s receipt of the proposed charter, was contrary to the requirements of section
125.64(1), rendering the summary judgment in favor of Orange County improper. Orange County’s argument that the provisions of section
125.64(1) are inapplicable is erroneous. Section
125.82, Florida Statutes (1985), provides: As a supplemental and alternative way to the provisions of ss.
125.60-
125.64, inclusive, the board of county commissioners may propose by ordinance a charter consistent with the provisions of this part and provide for a special election pursuant to the procedures established in s.
125.64 without regard to the time limitation contained in subsection 125.-64(3). (Emphasis supplied.) Consequently, even though the Board proposed a charter by ordinance, the time limitations under section
125.64(1) are still applicable; it is only the time limitations under section 125.-64(3) 5 that can be avoided....
...Webster also filed a motion for a temporary injunction, which was granted by the trial court. This court vacated the temporary injunction in County of Orange v. Webster,
503 So.2d 988 (Fla. 5th DCA 1987). . Webster’s motion for summary judgment was denied. . The election was held 43 days after September 22, 1986. . Section
125.64(3) provides: If a majority of the voters disapprove the proposed charter, no new referendum may be held during the next 2 years following the date of such disapproval.
