§ 2.2. Legislative Branch.

A.

The County Commission. The governing body of the County shall be a Board of County Commissioners composed of five (5) members serving staggered terms of four (4) years. There shall be one Commissioner for each of the five (5) County Commission districts established pursuant to general law and they shall be elected on a countywide basis by the electors of the County.* During the term of office each Commissioner shall reside in the district for which such Commissioner ran for office, provided that any Commissioner who is removed from a district by redistricting may continue to serve during the balance of the term of office.

* In United States of America v. Osceola County, Florida and Donna Bryant, Supervisor of Elections (Civil Action No. 6:05-CV-1053-ORL-31DAB), the United States District Court for the Middle District of Florida (Orlando Division) held that elections of Osceola County Commissioners on a countywide basis violated Section 2 of the Voting Rights Act (42 U.S.C. §§ 1973) and ordered Commissioners to be elected from five single-member districts.

B.

Redistricting. County Commission district boundaries shall be changed only after notice and a public hearing as provided by general law.

C.

Salaries and Other Compensation. Salaries and other compensation of the County Commissioners shall be the same as those set by general law for the county commissioners of non-charter counties.

D.

Authority. The Board of County Commissioners shall exercise all legislative authority provided by this Home Rule Charter in addition to all other powers and duties authorized by general law or special law approved by a vote of the electorate.

E.

Administrative Code. The County Commission shall adopt an Administrative Code in accordance with general law.

(1)

The Administrative Code shall organize the administration of county government and set forth the duties and responsibilities and powers of all county officials and agencies.

(2)

The Administrative Code shall not apply to the elected Constitutional Officers.

F.

Vacancies. A vacancy in the office of County Commissioner shall be defined and filled as provided by general law.

G.

Recall. The members of the Board of County Commissioners shall be subject to recall as provided by general law.

H.

Initiative.

(1)

The electors of Osceola County shall have the right to initiate County ordinances in order to establish new ordinances and to amend or repeal existing ordinances upon petition by a number of electors qualified to vote at least equal in number to 7% of the total number of qualified electors registered to vote in the County at the last preceding general election.

(2)

The sponsor of an initiative ordinance shall, prior to obtaining any signatures, submit the text of the proposed ordinance 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 shall 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 initiative shall be rendered null and void and none of the signatures may be carried over onto another identical or similar petition. The sponsor shall submit signed and dated forms to the Supervisor of Elections and upon submission shall pay all fees as required by general law which fees shall be repaid by the County if the initiative ordinance is adopted. The Supervisor of Elections shall within 45 days verify the signatures thereon.

(3)

Within 60 days after the requisite number of names have been verified by the Supervisor of Elections and reported to the County Commission, the County Commission shall notice and hold a public hearing on the proposed ordinance according to law and vote on it. If the County Commission fails to adopt the proposed ordinance it shall, by resolution, call a referendum on the question of adoption of the proposed ordinance to be held at the next general election occurring at least 45 days after the adoption of such resolution. If the question of the adoption of the proposed ordinance is approved by a majority of those registered electors voting on the question, the proposed ordinance shall be declared by resolution of the County Commission to be enacted and shall become effective on the date specified in the ordinance, or, if not so specified on January 1 of the succeeding year. The County Commission shall not amend or repeal an ordinance adopted by initiative for a period of one year after the effective date of such ordinance.

(4)

The right to initiate County ordinances shall not include ordinances establishing, amending, repealing or otherwise pertaining to the County budget, existing debt obligations, the Comprehensive Plan of the County, the zoning or re-zoning of land and other development regulations, or affecting title or other interests in real property.

(Ord. No. 91-12, § 1, 10-21-91; Ord. No. 92-9, § 1, 5-18-92; Ord. No. 96-20, § 1, 7-22-96; Civil Action No. 6:05-CV-1053-ORL-31DAB, 12-11-2006)

Editor's note

Amendment to Section 2.2A. of the Charter was provided for by Federal Order from Civil Action Case Number 6:05-CV-1053-ORL-31DAB, which was settled on Dec. 11, 2006.

Cross reference

Petitions for proposed initiative ordinances or amendments, § 2-11 et seq.