Government 8 Charter Amendment Petition

GOVERNMENT EIGHT
CITY OF PORT ST. LUCIE,
CITIZEN-INITIATED CHARTER AMENDMENT PETITION
(Pursuant to Section 166.031, Florida Statutes)

This document is a proposed revised Charter framework (“Government Eight”) intended for placement on the ballot by citizen petition and adoption by the electors. It is drafted to operate consistently with Florida’s municipal home rule powers and applicable general law, and shall be implemented by ordinance where this Charter directs.

ARTICLE I – INCORPORATION, POWERS & FORM OF GOVERNMENT

Section 1.01 – Incorporation

The municipal corporation known as the City of Port St. Lucie, located within St. Lucie County, Florida, is hereby recognized and continued as a legally established municipality pursuant to the Constitution and laws of the State of Florida.

Section 1.02 – Corporate Existence

The corporate existence of the City shall continue in perpetuity unless lawfully dissolved.

Section 1.03 – Municipal Powers

The City shall have all governmental, corporate, and proprietary powers granted to municipalities by the Constitution and laws of the State of Florida, together with all implied powers necessary to carry them into execution. The City may exercise any power for municipal purposes except as otherwise prohibited by law.

Section 1.04 – Construction of Powers

The powers of the City shall be liberally construed in favor of the City to secure maximum self-governance.

Section 1.05 – Form of Government

The City shall operate under a strengthened Mayor–Council–Manager structure, consisting of:

A. Executive Mayor – the policy leader of the City with leadership powers as defined under Article III.

B. City Council – the legislative body responsible for lawmaking, appropriations, and oversight as defined under Article VI.

C. City Manager – the Chief Administrative Officer as defined under Article IV.

D. Oversight, Transparency & Enforcement Bodies – as established by Articles VII through XIV and Article XV.

Section 1.06 – Name and Seal

The City shall continue to be known as the “City of Port St. Lucie” and shall adopt a corporate seal by ordinance.

ARTICLE II – CITY BOUNDARIES

Section 2.01 – Boundaries

The territorial boundaries of the City shall include all territory previously incorporated and any territory hereafter annexed in accordance with state law.

Section 2.02 – Annexation and Contraction

Annexation and contraction shall be conducted in accordance with Chapter 171, Florida Statutes.

Section 2.03 – Official Maps

The City Clerk shall maintain official boundary maps and descriptions, which shall be permanently archived, publicly accessible, and published on the Transparency Portal.

ARTICLE III – EXECUTIVE MAYOR

Section 3.01 – Office of the Mayor

The Mayor is elected at large and serves as Chief policy leader of the City, presiding officer of the Council, public representative of the City, and coordinator of policy implementation through the City Manager.

Section 3.02 – Powers and Duties of the Mayor

A. Leadership Duties. The Mayor shall:

Preside at all City Council meetings;
Represent the City in intergovernmental affairs;
Develop long-term policy priorities for Council consideration;
Propose agenda items in coordination with the City Manager; and
Deliver an annual State of the City address.

B. Appointment Powers. The Mayor may:

Nominate a Vice Mayor (subject to Council confirmation);
Appoint committee members where authorized by ordinance or this Charter;
Fill ceremonial or advisory positions not requiring Council confirmation; and
Appoint committee chairs and vice-chairs for standing and special committees created by ordinance or this Charter, subject to Council confirmation where required by ordinance.

C. Emergency Authority

The Mayor may declare local states of emergency as authorized by law.

Section 3.03 – Limitations on Authority

A. No Administrative Control. The Mayor shall not direct City employees, interfere with personnel matters, supervise administrative functions, or override City Manager decisions.

B. No Unilateral Executive Orders. The Mayor shall not issue binding executive orders inconsistent with ordinances, this Charter, or state law.

Section 3.04 – Vice Mayor and Succession

A. Vice Mayor. Selected by nomination of the Mayor and confirmed by majority of the Council.

B. Acting Mayor. The Vice Mayor shall serve as Acting Mayor during Mayor incapacity, temporary absence, or documented emergency.

C. Permanent Vacancy. Upon vacancy, the Vice Mayor becomes Acting Mayor and a special election shall be held as required.

Section 3.05 – Mandatory Attendance

A. Attendance Requirement. The Mayor must attend all regular meetings, special meetings, workshops, budget hearings, and emergency sessions.

B. Lawful Exceptions. Only documented medical incapacity, declared emergency conditions, or circumstances expressly defined by ordinance consistent with this Charter.

C. Consequence of Violation. Unexcused absences must be reported within 24 hours and trigger review under Article XIII and may constitute misconduct.

ARTICLE IV – CITY MANAGER

Section 4.01 – Office of City Manager

There shall be a City Manager, who shall serve as the Chief Administrative Officer of the City and shall be responsible to the City Council for the administration of all City affairs placed in the Manager’s charge by this Charter or by ordinance.

Section 4.02 – Appointment and Qualifications

The City Manager shall be appointed by a majority vote of the City Council and shall be selected solely based on executive and administrative qualifications, with special reference to training and experience in municipal management.

Section 4.03 – Powers and Duties of the City Manager

A. Administrative Authority. The City Manager shall direct and supervise the administration of all departments, appoint/suspend/remove employees and department heads in accordance with personnel policies and ordinances, and may organize or reorganize internal administrative structures subject to budget and law.

B. Budget and Finance. The City Manager shall prepare and submit the annual budget and capital improvement program (CIP), administer the adopted budget, ensure compliance with financial controls and transparency requirements under Article XII, and provide regular financial updates.

C. Policy Implementation. The City Manager shall implement and enforce ordinances and resolutions, policy direction set by the Mayor and Council, consistent with this Charter, and applicable laws and regulations.

D. Reporting Duties. The City Manager shall keep the Council and Mayor fully informed of the City's financial condition and needs and submit periodic operational reports.

E. Transparency Responsibilities. The City Manager shall ensure operation and maintenance of the Transparency Portal and departmental compliance with public reporting duties.

Section 4.04 – Non-Interference by Elected Officials

Neither the Mayor nor any Councilmember shall direct the appointment, removal, or discipline of any City employee or interfere with administrative operations. All dealings with City staff shall be through the City Manager, except for inquiries and information.

Section 4.05 – Removal of City Manager

The City Manager may be removed by a majority vote of the City Council after written notice and an opportunity to be heard in a public meeting. The terms of separation may be set by contract and ordinance.

ARTICLE V – ELECTIONS

Section 5.01 – Governing Law

All City elections shall be conducted in accordance with the Constitution and laws of the State of Florida and applicable City ordinances consistent with this Charter.

Section 5.02 – Terms of Office

A. The Mayor and each City Councilmember shall serve a term of four (4) years.

B. Terms shall commence on the date established by ordinance following certification of election results.

Section 5.03 – Term Limits (Government Eight Standard)

A. No person shall serve more than two (2) consecutive four-year terms in the office of Mayor or City Councilmember.

B. After serving two consecutive terms in any City elective office, the person shall be ineligible to seek election or appointment to any City elective office for a period of two (2) years.

C. A partial term exceeding eighteen (18) months shall count as a full term.

D. A term-limited Mayor may not immediately run for City Council, and a term-limited Councilmember may not immediately run for Mayor.

Section 5.04 – Qualifications of Candidates (Enhanced Qualifications)

A. Minimum Requirements. Each candidate for Mayor or City Council shall:

Be a registered elector of the City;
Have resided within the City for at least two (2) years immediately preceding the qualifying date;
Be current on City ad valorem taxes, special assessments, and code enforcement liens for any property owned within the City, or be in a City-approved payment plan;
File, at the time of qualifying, a sworn Candidate Disclosure Statement and Candidate Ethics Acknowledgment in a form adopted by ordinance, including any disclosures required under general law; and
Complete a City-provided ethics and Sunshine/public records training course before taking office, as implemented by ordinance.

B. Disqualifying Conditions (to the extent permitted by general law). A person is ineligible to qualify if the person:

Has been convicted of a felony and has not had civil rights restored as provided by law; or
Is otherwise disqualified from holding office by the Florida Constitution or general law.

C. Construction. This Section shall be construed to supplement, and not conflict with, general law. If any requirement is held invalid, remaining requirements shall remain in effect to the maximum extent permitted.

Section 5.05 – Vacancies in Office

Vacancies in the office of Mayor or Councilmember shall be filled by special election or as otherwise provided by ordinance, consistent with state law and this Charter.

Section 5.06 – Recall of Elected Officials

The electors may recall any elected official of the City in accordance with Article X of this Charter and Chapter 100, Florida Statutes.

ARTICLE VI – LEGISLATIVE POWERS

Section 6.01 – Legislative Authority

All legislative powers of the City are vested in the City Council, consisting of the Mayor and four (4) Councilmembers, to be exercised as provided in this Charter and by law.

Section 6.02 – Powers of the City Council

The City Council shall have the power to enact/amend/repeal ordinances and resolutions; levy and collect taxes, fees, and assessments as authorized by law; adopt the annual budget and CIP; approve contracts, franchises, leases, and interlocal agreements; create/modify/abolish departments and boards; regulate land use and development in accordance with law; and exercise all powers not otherwise assigned by this Charter.

Section 6.03 – Legislative Procedure

A. Ordinances shall be adopted only after at least two (2) public readings unless otherwise permitted by law.

B. Resolutions may be adopted at a single meeting and shall be used for matters not requiring ordinance form.

Section 6.04 – Emergency Ordinances

The City Council may adopt emergency ordinances when immediate action is necessary to preserve public peace, health, safety, or property. Emergency ordinances expire within sixty (60) days unless re-adopted under standard procedures.

Section 6.05 – Investigatory Power of the Council

The City Council may conduct inquiries and investigations into City affairs consistent with due process and state law.

Section 6.06 – Administrative Non-Interference

The Council shall not interfere with or direct day-to-day administrative operations vested in the City Manager under Article IV.

ARTICLE VII – TRANSPARENCY & PUBLIC ACCESS

Section 7.01 – Transparency Portal

The City shall maintain a publicly accessible online Transparency Portal serving as the central location for key public records, financial information, and meeting information required by this Charter and by ordinance.

Section 7.02 – Required Disclosures

At a minimum, the Portal shall provide budgets and amendments (10 fiscal years), periodic revenue/expenditure reports, debt summaries, CIP documents, major contracts and procurement records, meeting agendas/packets/minutes/recordings, voting records, ethics and oversight reports, and audit reports, to the extent permitted by law.

Section 7.03 – Posting Deadlines

The City shall establish posting deadlines by ordinance consistent with public records law.

Section 7.04 – Accessibility and Searchability

The Portal shall be accessible without login, searchable, and compliant with accessibility standards.

Section 7.05 – Enforcement

Failure to comply may constitute misconduct and may be grounds for investigation and sanctions under Articles IX and XIII.

ARTICLE VIII – ETHICS & ANTI-RETALIATION

Section 8.01 – Purpose

Ensure ethical conduct, prevent corruption, and protect residents, employees, whistleblowers, and petition circulators from retaliation.

Section 8.02 – Adoption of State Ethics Laws

The City and all officers/employees are subject to the Florida Code of Ethics, Chapter 112, Florida Statutes. Where this Charter or ordinance is stricter, the stricter standard controls.

Section 8.03 – Conflicts of Interest

Conflicts must be disclosed, and the official shall abstain/recuse as required by law and ordinance.

Section 8.04 – Anti-Retaliation Protections

No person acting under City authority shall retaliate against anyone for public participation, petitions, complaints, public records requests, or whistleblowing.

Section 8.05 – Complaints; Due Process

Procedures shall be established by ordinance consistent with due process and state law.

Section 8.06 – Whistleblower Protections

Protected to the fullest extent permitted by law.

Section 8.07 – Sanctions

Sanctions may include reprimand, censure, fines where permitted, removal from leadership positions, and referral to appropriate agencies.

ARTICLE IX – CITIZEN OVERSIGHT BOARD

Section 9.01 – Establishment

A Citizen Oversight Board (“Board”) is created to provide independent oversight of ethics, transparency, financial integrity, and compliance.

Sections 9.02–9.08

Composition, independence, appointment/terms, powers (investigate, hold hearings, issue findings, request audits), cooperation required, and annual reporting shall be implemented as stated in the adopted ordinance consistent with this Charter.

ARTICLE IX-A

COMMUNITY REDEVELOPMENT GOVERNANCE & PUBLIC CONTROL

Section 9A.01 – Purpose and Legislative Intent

The purpose of this Article is to ensure that redevelopment activities within the City of Port St. Lucie are governed by transparency, accountability, community participation, and protection from political influence.

This Article is adopted pursuant to the City’s home rule authority under Article VIII of the Florida Constitution and Chapters 163, 166, 286, and 119, Florida Statutes, and shall be implemented in harmony with general law.

Section 9A.02 – Establishment of the Community Development Trust (CDT)

Thereby established an independent public-benefit entity known as the Port St. Lucie Community Development Trust (“CDT”).

The CDT shall function as an implementation and administrative body for redevelopment initiatives authorized by the City and the Community Redevelopment Agency (CRA), consistent with Florida law.

The CDT shall not replace, supersede, or diminish the statutory authority of the CRA, but shall operate pursuant to formal agreements approved by the City Council.

Section 9A.03 – Relationship to the Community Redevelopment Agency

A. The CRA shall retain all authority required under Chapter 163, Florida Statutes, including but not limited to:

Adoption of redevelopment plans;
Approval of budgets;
Oversight and compliance responsibilities.

B. The CRA may delegate operational, administrative, and programmatic functions to the CDT through written agreement, provided that:

Such delegation complies with general law; and
Ultimate accountability remains with the CRA.

Section 9A.04 – Authorized Use of Redevelopment Funds

Subject to state law and adopted redevelopment plans, funds administered through the CDT may be used for:

Workforce development and job training
Affordable and workforce housing initiatives
Small business development and local entrepreneurship
Youth education and career readiness programs
Neighborhood revitalization and infrastructure improvements
Blight prevention and economic mobility initiatives

All expenditures shall be documented and publicly reported.

Section 9A.05 – Governance and Board Composition

A. The CDT shall be governed by a Board of Directors consisting of nine (9) members.

B. Board composition shall reflect diverse community representation, including:

One small business owner
One workforce or skilled trades representative
One nonprofit or faith-based leader
One housing or tenant advocacy representative
One education or youth development representative
One financial, audit, or accounting professional
One resident-at-large

8–9. Two members with experience in economic or community development

C. Members shall be selected through a community-based nomination process and confirmed through an independent review mechanism established by ordinance.

Section 9A.06 – Eligibility Restrictions and Ethical Safeguards

A. The following individuals are ineligible to serve on the CDT Board:

Any current elected official of the City;
Any City employee;
Any individual who has held such a position within the preceding four (4) years.

B. Board members shall:

Disclose all conflicts of interest;
Abstain from matters in which a conflict exists;
Refrain from political campaigning or fundraising while serving;
Receive no compensation other than reasonable reimbursement of expenses.

Section 9A.07 – Transparency and Public Accountability

A. The CDT shall comply with:

Chapter 286, Florida Statutes (Government in the Sunshine); and
Chapter 119, Florida Statutes (Public Records).

B. The CDT shall publish:

Quarterly financial and performance reports;
An annual independent audit;
Program metrics and outcomes through the City’s Transparency Portal.

Section 9A.08 – Prohibition on Political Interference

No elected official, appointed official, or City employee shall directly or indirectly:

Influence funding allocations,
Direct program participation,
Interfere with staffing or procurement decisions.

Any violation may constitute misconduct subject to ethics review, referral, or removal as authorized by law.

Section 9A.09 – Performance Oversight and Evaluation

The CDT shall establish measurable performance indicators and submit annual evaluations assessing:

Economic impact
Equity and accessibility
Program effectiveness
Community participation

Reports shall be presented publicly and archived on the Transparency Portal.

Section 9A.10 – Severability

If any provision of this Article is held invalid, such invalidity shall not affect the remaining provisions, which shall remain in full force and effect.

Section 9A.11 – Effective Date

This Article shall take effect upon approval by the electors of the City of Port St. Lucie

ARTICLE X – INITIATIVE, REFERENDUM & RECALL

Sections 10.01–10.07

The rights of initiative, referendum, Charter amendment by petition, recall, circulator protections, and ballot language requirements are established as stated herein and implemented consistent with Florida law, including Section 166.031, Florida Statutes, and Chapter 100, Florida Statutes.

ARTICLE XI – MEETINGS, ATTENDANCE & PROCEDURES

Section 11.01 – Open Meetings

All meetings shall comply with Florida’s Sunshine Law, Chapter 286, Florida Statutes.

Section 11.02 – Notice; Materials

Reasonable notice and advance posting of agendas and supporting materials on the Portal.

Section 11.03 – Public Participation

Meaningful opportunity to be heard before final action.

Section 11.04 – Attendance by Elected Officials

Mayor and Councilmembers must attend all meetings subject to lawful exceptions set by ordinance consistent with this Charter; unexcused absences constitute misconduct.

Section 11.05 – Rescheduling

If an elected official is absent without a valid exception, the meeting shall be rescheduled and actions taken may be void as provided by ordinance consistent with state law.

Section 11.06 – Quorum

A quorum shall be all five (5) members unless otherwise required by law; emergency exceptions must be documented.

Section 11.07 – Procedures

Rules of procedure shall be adopted by ordinance.

Section 11.08 – Recording and Archival

Meetings shall be livestreamed when practicable, recorded, archived for at least ten (10) years, and posted on the Portal.

Section 11.09 – Minutes

Minutes posted within 48 hours of approval.

ARTICLE XII – FINANCE & AUDIT

Sections 12.01–12.14

Fiscal year, balanced budget and hearings, posting requirements, CIP reporting, independent annual audit, Board audit authority, financial misconduct definitions, reserve policy, emergency spending reporting, quarterly public financial reports, hotline, and enforcement, as stated herein.

Section 12.15 – Property Tax Increase Protection; Forensic Audit Trigger

A. Purpose. Provide automatic transparency and independent review when proposed property tax actions materially increase the City’s tax burden.

B. Trigger Events. A “Trigger Event” occurs when, in any fiscal year, the Council proposes:

A proposed millage rate that exceeds the prior year's adopted millage rate; or
A proposed millage rate above the rolled-back rate as defined in the TRIM Act; or
Any combination of budget actions projected to increase ad valorem tax revenue from existing property by more than a percentage threshold set by ordinance (initially 5%), excluding new construction.

C. Mandatory Forensic Audit. Upon a Trigger Event, the City shall commission an independent forensic audit or forensic review (scope set by ordinance) of the City’s budget, reserves, procurement, and significant capital program spending. The selection of the auditor shall be made through a competitive, transparent process and shall be overseen by the Citizen Oversight Board to the maximum extent permitted by law.

D. Public Disclosure. The City shall publish, at least 30 days before final budget adoption, a plain-language “Taxpayer Impact Statement” and the forensic audit engagement letter (s) and scope (and, when complete, the final report) on the Transparency Portal.

E. No Limitation on TRIM Compliance. This Section supplements, but does not replace, TRIM Act requirements; if any part conflicts with general law, the remainder remains effective.

ARTICLE XIII – ENFORCEMENT & REMOVAL

Enforcement mechanisms, sanctions, investigations, and due process are established as stated herein.

ARTICLE XIV – DEFINITIONS & GENERAL PROVISIONS

Definitions, rules of interpretation, severability, supremacy, continuity, and effective date are established as stated herein.

ARTICLE XV – RESPONSIBLE DEVELOPMENT & “GOLDEN TICKET” INFRASTRUCTURE PARTNERSHIP PROGRAM

Section 15.01 – Findings and Purpose

A. Findings. The City finds that growth and development require timely infrastructure delivery, transparent permitting, and predictable fee policies to protect residents from disproportionate tax increases and to ensure that new development pays a fair share of the impacts it creates.

B. Purpose. This Article creates a voluntary, tiered “Golden Ticket” infrastructure partnership program to (i) accelerate lawful permit processing through objective service standards, (ii) secure enforceable infrastructure contributions through development agreements and other lawful instruments, and (iii) stabilize and, where lawful, reduce certain impact/environmental fee obligations by providing credits or incentives tied to verifiable, proportional infrastructure delivery.

Section 15.02 – Program Authority; Implementation

A. Authority. The City Council may implement this Article by ordinance and by lawful development agreements consistent with Florida law, including the Florida Local Government Development Agreement Act.

B. Non-Discrimination and Uniform Standards. The program shall use objective, published criteria and shall be administered in a non-discriminatory manner. All program schedules, tiers, service standards, and reporting shall be posted on the Transparency Portal.

C. Voluntary Participation. Participation is voluntary. However, accelerated review/inspection service levels, fee stabilization, and any program incentives created by ordinance shall be available only to enrolled participants meeting program conditions. No permit shall be denied solely for non-participation.

Section 15.03 – Tiers; Contributions; Eligible Projects

A. Tiers. The program shall include five (5) tiers, with contributions ranging from $500,000 to $2,500,000 (or as adjusted by ordinance) dedicated to eligible infrastructure and community-benefit purposes.

B. Eligible Projects. Eligible projects include residential, mixed-use, commercial, industrial, and redevelopment projects, and “one-off” small builders, as provided in Section 15.06.

C. Form of Contribution. Contributions may be (i) cash paid to a dedicated infrastructure fund, (ii) in-kind construction of City-accepted public infrastructure, or (iii) a combination, as approved by ordinance and agreement.

Section 15.04 – Required Safeguards; Nexus; Proportionality; Transparency

A. Nexus and Proportionality. Any required project conditions, credits, or fee adjustments shall be based on a rational nexus and a rough proportionality to the development's impacts, and shall be documented in writing.

B. No Gift of Public Funds. Program incentives shall be structured to comply with Florida law and shall be supported by documented public purpose findings.

C. Public Process. Any development agreement or major incentive package shall be approved in a public meeting with notice and opportunity to be heard, and posted on the Portal with all attachments and performance milestones.

Section 15.05 – Tier Benefits and Service Standards (Minimum Framework)

The City shall, by ordinance, adopt minimum service standards for enrolled projects, including:

A. Dedicated Project Manager (“single point of contact”) and pre-application conference scheduling within set timeframes;

B. Express/priority plan review within set business-day targets where complete applications are submitted;

C. Priority inspection scheduling windows, subject to staffing and safety;

D. Coordinated interdepartmental review meetings for complex projects; and

E. A published escalation process for missed deadlines.

Section 15.06 – One-Off Builders and Small-Scale Developers (“Small Builder Track”)

A. Purpose. Protect small builders and homeowners by offering predictable, simplified permitting support without requiring significant capital contributions.

B. Eligibility. “Small Builder Track” includes projects of one (1) to five (5) dwelling units per year by the same controlling entity, or as defined by ordinance.

C. Participation Option. Small builders may enroll at a reduced tier with reduced contribution levels set by ordinance. They shall receive at least: (i) a dedicated permitting liaison, (ii) guaranteed plan review timelines for complete submissions, and (iii) simplified inspection scheduling.

D. Consumer Protection. Ordinance shall prohibit program use to evade code requirements or consumer protections.

Section 15.07 – Impact/Environmental Fee Stabilization and Reduction (Partial; Not Elimination)

A. Policy. For enrolled projects, the City may, where lawful, provide a fair partial reduction or stabilization of specific impact/environmental fee components in exchange for verified infrastructure delivery and/or up-front contributions.

B. Reduction Schedule. By ordinance, the City shall adopt a transparent schedule of percentage reductions by tier, subject to legal limits and the requirement that fees remain sufficient for their intended purpose. As an initial framework (subject to ordinance and rate study constraints):

Tier 1 ($500,000): up to 5% reduction on eligible fee components

Tier 2 ($1,000,000): up to 8%

Tier 3 ($1,500,000): up to 10%

Tier 4 ($2,000,000): up to 12%

Tier 5 ($2,500,000): up to 15%

C. Credits. Where a participant constructs eligible public infrastructure, the City shall provide credits consistent with law and ordinance, documented with cost verification and acceptance standards.

D. No Across-the-Board Waivers. No fee shall be fully waived solely by participation unless authorized explicitly by general law.

Section 15.08 – Enforcement; Default; Clawback

A. Performance Milestones. Agreements shall include measurable milestones, reporting, and remedies.

B. Default. Failure to perform may result in termination of incentives, repayment/clawback provisions, and other lawful remedies.

C. Oversight. The Citizen Oversight Board shall receive quarterly reports on enrollments, contributions, performance milestones, and any fee adjustments.

The Citizen Oversight Board shall also receive, review, and report on compliance with Sections 15.10 through 15.13, including Sunshine compliance, permit process metrics, stakeholder engagement activities, and implementation of development permit process standards.

Section 15.09 – Definitions (Program)

“Golden Ticket” means the voluntary tiered infrastructure partnership program created by this Article and implemented by ordinance and agreement. “Enrolled project” means a development approved for a tier that meets all program requirements.

Section 15.10 – Sunshine-Compliant Stakeholder Engagement

A. Purpose

The City shall facilitate transparent, lawful collaboration with residents, builders, developers, and other stakeholders regarding development policy, infrastructure planning, and permitting standards, while fully complying with Florida’s Government in the Sunshine Law.

B. Public Forums and Advisory Bodies

Any stakeholder forum, advisory committee, or working group convened by or on behalf of the City concerning matters within the scope of this Article shall be advisory only.
Such bodies shall comply with Section 286.011, Florida Statutes, including public notice, open meetings, and the preparation of minutes.
Participation shall be open to residents and stakeholders, and public comment shall be permitted.

C. Prohibition on Circumvention

No stakeholder engagement mechanism shall be used to circumvent the requirements of Section 286.011, Florida Statutes, and no quorum of the City Council shall discuss matters that may foreseeably come before the Council outside a duly noticed public meeting.

D. Oversight and Reporting

All stakeholder forums, advisory bodies, and engagement activities conducted pursuant to this Section shall be documented and summarized in periodic reports to the Citizen Oversight Board pursuant to Section 15.08, including meeting dates, subject matter, and participation metrics.

Section 15.11 – Development Permit Process Standards and Applicant Protections

A. Compliance with State Law

The City shall administer all development permit and development order applications in strict compliance with Section 166.033, Florida Statutes, as amended.

B. Published Standards and Checklists

The City shall maintain and publish objective, written standards, including:

Application submittal requirements;
Uniform completeness checklists by permit type; and
Criteria used for approvals and denials.

C. Written Notices and Legal Basis

Any request for additional information, determination of incompleteness, approval with conditions, or denial shall:

Be issued in writing;
Identify the specific ordinance, statute, or rule relied upon; and
State with particularity the information or modification required to achieve compliance.

B. Administrative Appeals

The City shall provide an administrative appeal process for development decisions that:

Is timely and accessible;
Is heard by an independent hearing officer or board established by ordinance;
Results in a written decision containing findings of fact and conclusions of law; and
Does not impose unreasonable fees that disproportionately burden small builders or homeowners.

C. Oversight Review

Aggregate data regarding resolution conferences, appeals filed, outcomes, and processing times shall be provided to the Citizen Oversight Board pursuant to Section 15.08 for monitoring trends, consistency, and administrative performance.

Section 15.12 – Resolution Conferences and Administrative Appeals

A. Resolution Conference

Prior to issuing a third request for additional information on a development application, the City shall offer the applicant a resolution conference, consistent with Section 166.033, Florida Statutes, for the purpose of narrowing issues and avoiding unnecessary delay.

B. Administrative Appeals

The City shall provide an administrative appeal process for development decisions that:

Is timely and accessible;
Is heard by an independent hearing officer or board established by ordinance;
Results in a written decision containing findings of fact and conclusions of law; and
Does not impose unreasonable fees that disproportionately burden small builders or homeowners.

Section 15.13 – Public Records, Metrics, and Transparency

A. Public Records

All documents, communications, data, applications, agreements, reports, and materials made or received by the City pursuant to this Article shall constitute public records subject to Chapter 119, Florida Statutes, unless a specific statutory exemption applies.

B. Online Publication and Metrics

The City shall publish and maintain, in a searchable digital format on the Transparency Portal:

Development agreements and infrastructure partnership agreements, including attachments and amendments;
Conditions of approval and concurrency commitments;
Permit processing metrics, including review times, cycles of comments, inspections, and compliance with service standards; and
Quarterly summary reports provided to the Citizen Oversight Board pursuant to Section 15.08.

Section 15.14 – Implementation by Ordinance; Statutory Compliance

A. Implementation

Within one hundred eighty (180) days of the effective date of this Article, the City Council shall adopt ordinances, administrative rules, and procedures necessary to implement Sections 15.10 through 15.13.

B. Statutory Consistency

All implementing ordinances and actions shall be consistent with:

Section 286.011, Florida Statutes (Government in the Sunshine);
Chapter 119, Florida Statutes (Public Records); and
Section 166.033, Florida Statutes (Development Permit Process Standards).

C. Oversight Confirmation

All implementing ordinances shall include reporting, auditing, and compliance review provisions enforceable by the Citizen Oversight Board pursuant to Section 15.08.

D. Enforceability

Failure to adopt implementing ordinances within the specified timeframe shall not delay or impair the enforceability of this Article.

Section 15.15 – Compliance Enforcement; Corrective Action

A. Purpose

The purpose of this Section is to ensure that the standards, timelines, transparency, and reporting requirements of this Article are meaningfully enforced through corrective action, oversight, and accountability, without impairing due process or exceeding lawful authority.

B. Pattern of Non-Compliance

A “pattern of non-compliance” shall be deemed to exist when one or more City departments, divisions, or officials repeatedly fail to comply with the requirements of Sections 15.10 through 15.13, including but not limited to:

Repeated failure to meet statutory or ordinance-adopted permit timelines;
Failure to provide written findings or legal citations as required;
Failure to publish required records or metrics on the Transparency Portal;
Repeated omission of required reports to the Citizen Oversight Board under Section 15.08.

C. Corrective Action Plan

Upon identification of a pattern of non-compliance, the City Manager shall prepare a written corrective action plan, which:

Identifies the source and nature of the non-compliance;
Specifies remedial steps and responsible parties;
Establishes measurable performance benchmarks; and
Sets a reasonable timeline for compliance.

The corrective action plan shall be presented at a duly noticed public meeting and provided to the Citizen Oversight Board pursuant to Section 15.08.

D. Oversight Review

The Citizen Oversight Board shall review compliance trends, corrective action plans, and follow-up reports and may issue public findings and recommendations.

The Board shall not direct staff, adjudicate permits, or participate in individual development decisions.

E. Escalation and Referral

If corrective action measures fail to remedy a documented pattern of non-compliance, the matter shall be escalated as appropriate, which may include:

Formal reporting to the City Council at a public meeting;
Administrative review by the City Attorney for legal compliance;
Referral to appropriate state or oversight agencies where required or permitted by law.

F. Protection of Participants

No person shall be retaliated against for raising concerns, providing testimony, submitting records requests, or participating in oversight activities under this Article, consistent with Article VIII (Ethics & Anti-Retaliation).

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