On the agenda: Lynn Haven meeting — Automated License Plate (Apr 21)

CITY OF LYNN
HAVEN, FLORIDA


AGENDA



NOTICE


CHARTER REVIEW COMMITTEE – TUESDAY, APRIL 21ST, 2026 – 5:15 P.M.
WALTER T. KELLEY CHAMBERS – CITY HALL
-825 OHIO AVENUE


THE
PUBLIC
IS INVITED TO ATTEND


AGENDA

Item
PAGE
1.
Call to order.
2.
Additions, Deletions, Modifications of Agenda.
3.
Approval of Minutes dated 03/25/2026.
2-3
TABLED ITEM
4.
Begin the Review of Section 8 (Police Power) through 9 (General Laws
to apply & Charter Review).
4-24
OLD BUSINESS
5.
Discussion regarding City Commission comments from
the
Joint
Commission/Charter Committee
Workshop dated 04/07/26.
25-27
6.
Public
Comments.
7.
Next meeting.
8.
Adjourn.


Mayor Dave Lowery
Commissioners
Sam
Peebles
| Pat
Perno
| Jamie
Warrick
| Judy Tinder
City Manager
Chris Lightfoot
City Attorney
Amy
Myers

WEDNESDAY,
MARCH 25TH, 2026
CHARTER
REVIEW
COMMITTEE
MEETING – 5:15 P.M.


Present:
Corey
Langford,
Chair
Ryan Scray,
Vice
Chair
Thomas
Tucker
James
Marler
David Switzer
Chris Lightfoot, Interim
City Manager
Amy Myers,
City Attorney
Apologies:
None


Item #1. Call
to Order.


The
Chair called
the meeting to order at
5.15 pm.


Item #2. Additions, Deletions, Modifications
of Agenda.


None.


Item #3. Approval of minutes
of 02/18/26.

The
Chair called for a
motion to approve
the
minutes of
the
previous
meeting held on 03/11/26.
Motion by Scray to approve
the
minutes
of
03/11/26.
Second to the Motion:
Marler


There
was
no public commentary.
On Vote:
All in favor Motion passed:
5-0

Item # 4. Begin the
Review of
Section 8 (Police
Power)
through
9 (General
Laws to
apply
& Charter
Review).


Mr. Switzer presented the DRAFT
verbiage
he
had provided for discussion.

Further
in-depth discussion ensued among all
members.

All
members agreed
to Section 9 Review being tabled till the
next
meeting, while Mrs. Myers
will
do some
research on
the
correct
interpretation and intent
of the
section as
relates
to
the
charter imposing restrictions
on the commission.


Motion by Scray to table
Section 8
and
Section 9 Review
till
next
meeting.

Second to the Motion:
Tucker

There
was
no public commentary.
On Vote:
All in favor Motion passed:
5-0

Item # 5. Discussion regarding S24 – City Manager Residency.


Discussion ensued regarding the
proposal
for adjusting the
residency requirements
for the
City
Manager.


Members
finally settled
on the
verbiage
to be
changed to “establish permanent
residence
in
Bay
County
within 12 months
of his appointment”.

Motion by Scray to approve
and move
these
proposed changes to
the
City Manager residency forward to the
commission.


Second to the Motion:
Tucker

2

There
was
no public commentary.
On Vote:
All in favor Motion passed:
5-0

Chairman Langford
confirmed that a
separate resolution be
prepared for this section.


Item #6. Public Comments.


There
were none present.

Item #7. Next Meeting.

The
next meeting is
set
for 04/07/26 at
5.15 pm and 04/22/26.

Item #8. Adjourn.


There
being no further business and the meeting was
adjourned
at
6.42 P.M.


APPROVED THIS ___ DAY OFAPRIL
2026.


Corey Langford, Chairman


ATTEST:


Chris
Lightfoot, City Manager


prepared
by
CJ
Rushing


3

PART I


CHARTER*
Article I.
In
General
Sec. 1.
Existing
municipality abolished.
Sec. 2.
Title
to property
reserved
to
new
municipality.
Sec. 3.
Contracts
remain
binding.
Sec.
4.
New municipality
created.
Sec. 5.
Boundaries.
Sec. 6.
Powers
vested in
Commission;
designating
manner
of
exercise;
abandoned
property;
payment
of
ad valorem
taxes.
Sec. 6A.
[Reserved.]
Sec. 7.
Same-Generally.
Sec. 8.
Same-Police
power;
general
penalty.
Sec.
9.
General
laws
to
apply.
Sec.
9A.
Charter
Review.
Article
II.
City
Commission
Sec. 10.
Form
of
government.
Sec. 11.
Creation;
election of
members;
term
limits.
Sec. 11A.
Mayor Commissioner
and
Commissioner
Compensation.
Sec. 12.
Qualifications of members; prohibited interest in City
contracts; prohibiting
former
members
from
employment.
Sec. 13.
[Reserved.]
Sec. 14.
Judge
of
own elections;
felony convictions.
Sec. 15.
Vacancies.
Sec. 16.
General law governing City Councils
extended to Commissioners.
Sec. 17. Mayor-Construed.
Sec. 18.
Same-Functions and duties.
Sec. 19.
Advisory
Boards.


*Editor's
note--This
compilation
consists
of
the
Charter,
Laws
of
Fla. (1951), ch. 27685,
and
all
subsequent
acts
relating
to the
City
of
Lynn
Haven
including
Laws
of
Fla.
(1933),
ch.
16536,
and Laws
of
Fla.
(1937), ch. 18668, which were
apparently
not
superseded by Laws
of
Fla. (1951),
ch.
18668.
A
comparative
table
will
be
found
immediately
following the
Charter
which
shows
the
disposition
of
these
acts. The
provisions
of
these
acts
have
been arranged
by
subject
matter
and
numbered
consecutively
from
one
through 129 for
purposes
of
indexing
and
ease
of
reference. The
origin of
all
sections
is
given in a
historical
citation
enclosed in
parentheses
following
each
section.
Where
a
section
or
act
has
been
amended,
superseded,
or
repealed
by a
later
act,
the
amended
section will
list
the
amendatory
acts
in
chronological
order.
Only
the
latest
amendment, however, will
be
set
out
herein.
The
editors
have
supplied
catchlines
where
necessary, inserted
material
in brackets
where
necessary to
correct
obvious
errors
or
for
clarification, and
have
omitted
all
titles
and
enacting, repealing,
severability
and
effective
date
clauses.
The
absence
of
a
history
note
indicates
that
the
provision
remains
unchanged
from
the
original
act. Obvious
misspellings
have
been
corrected
without
notation.
For
stylistic
purposes, a
uniform
system
of
headings, catchlines
and
citations
to
state
statutes
has
been used.
Subsequently,
Ord. No. 711,
§ 1, adopted
Feb. 27, 2001, amended, renumbered, and repealed
various
sections
of
the
Charter. The
user's
attention is
directed
to
the
Charter
Comparative
Table
for
a
detailed analysis
of
inclusion
of
said Ord.
No.
711.


CHT 1

4

LYNN
HAVEN
CODE
Article
III. Officers
and
Employees
Sec. 20.
Incumbents
holding
office.
Sec. 21.
Officers
and Departments
enumerated.
Sec. 22.
Compensation.
Sec. 23.
Civil
service system.
Sec. 24.
City
Manager-Appointment;
qualifications; substitute.
Sec.
25.
Same-Removal.
Sec. 26.
Same-Functions and Responsibilities.
Sec.
27.
City attorney-Appointment;
duties.
Sec.
28.
[Reserved].
Sec. 29.
Same-Qualifications.
Sec. 30.
[Reserved].
Article
IV. Elections
Sec. 31.
Qualifications
and
election of
City Commission Candidates.
Sec. 32.
Canvass
of
returns.


CHT 2

5

CHARTER


ARTICLE
I.
IN
GENERAL


Sec.
1.
Existing
municipality
abolished.


The
present
municipal
government
existing
under
the
name
of
the
City
of
Lynn Haven,
Florida
be
and the
same
is, hereby abolished.
(Laws
of Fla. (1951), ch.
27685, § 1)


Sec. 2. Title to property reserved to new municipality.


The
title, rights, and
ownership of
property, collected
and uncollected taxes, dues,
claims,
judgments,
moneys,
decrees
and choses
in
action,
held
or
owned
by
the
City
of
Lynn Haven,
under
its
present
or
any
former
charter, shall
pass
to, and
be
vested in
the
municipal
corporation
organized
by and under
this
act
to
succeed
the
municipality abolished.
(Laws
of Fla. (1951), ch.
27685, § 2)


Sec. 3. Contracts remain
binding.


No debt,
obligation,
or
contract
of
the
City of
Lynn
Haven,
Florida, including
bonds
and
debentures
issued, shall
be
impaired
or
avoided by
this
act,
but
such
debts,
obligations,
contracts, bonds and debentures
shall pass to and be
binding upon the
new municipality
which
is
organized and created.
(Laws
of Fla. (1951), ch.
27685, § 3)


Sec. 4. New municipality created.


The
inhabitants
of
the
City of
Lynn Haven, Florida, as
its limits are
hereafter established,
or
as
such
limits
may
be
hereafter
established,
shall
be
and
continue
to
be
a
body
politic
and
corporate
to
be
known
and designated
as
the
"City
of
Lynn
Haven,"
and
as
such
shall
have
perpetual
succession, may
have
and
use
a
common
seal
which
it
may
change
at
pleasure, may
contract
and
be
contracted
with,
may
sue
and be
sued, and
may
plead
and
be
impleaded
in all
of
the
courts
of
this
State.
(Laws
of Fla. (1951), ch.
27685, § 5)


Sec. 5. Boundaries.


The
corporate
limits
of
the
City
of
Lynn
Haven
in
Bay
County, Florida, be, and
the
same
are
hereby fixed, defined and established
so as
to include
the
following lands
and
territory
in
said
County
of
Bay in the
State
of
Florida, to-wit:


[The
boundary
description
of
the
city
is
not
printed herein
but
is
on file
in
the
City
Manager's
office.]


The
territorial
limits
may be
changed;
enlarged or
contracted
in
the
manner provided by
the
general
law. The
jurisdiction
of
the
City
of
Lynn Haven shall
extend over
all
persons
and
property, franchises
and
privileges
located
or
coming
within said
limits, and
over
and upon
any


CHT 3

6

property
the city
may own or
possess
for
municipal
purposes outside
of said limits.
(Laws
of Fla. (1951), ch.
27685, § 6)
State
law
reference--Extension of
municipal
territorial
limits, F.S. ch. 171.


Sec. 6. Powers
vested
in Commission;
designating manner of exercise; abandoned
property;
payment
of
ad valorem
taxes.


A.
All
powers
of
the
City
except
as
otherwise
provided
by
this
Charter
or
by
the
Constitution
of
the
State,
are
vested
in the
City Commission,
and
except
as
otherwise
provided
by
this
Charter
or
by
the
Constitution
of
the
State,
the
City
Commission
may
by ordinance
or
resolution prescribe
the
manner
in
which any power of
the
city shall be
exercised.
B.
Non
ad-valorem Assessments
1.
Requirement
for Voter Approval
All
Non
Ad-Valorem
Assessments
proposed
by
the
City of
Lynn
Haven
shall
be
submitted
to the
qualified electors
of
the
City subject
to
the
proposed
assessment
for
approval
by referendum
at
the
next
regular
election
for
City
of
Lynn
Haven
electors.
This
does
not
apply
to
assessments
affecting
a
single property
for
nuisance
abatement
costs


(a)
No Non
Ad-Valorem
Assessment
shall
be
imposed,
levied,
or
collected without
receiving
approval
by
at
least
50%
+1 to
succeed
approval
prior
to renewal.
(b)
The
ballot
language
shall
clearly
state
the
following
information
within
each referendum:
1.
Defined Start
and End Date
2.
Brief Description of
Methodology
of
Assessment
3.
Estimated Specific
Cost per Year By Property
(Rate)
4.
Total
Project Cost
Annual and
Overall
5.
Specific
Statement
on Usage
of
Funds
6.
Limit on
Annual
Increase
7.
Specific
Compliance
and
Oversight Requirements
Example Referendum Statement
(≈75
words):


This
sidewalk
assessment
project
shall
run
from
October
1,
2026,
through
September
30,
2031. Costs
are
assessed
annually per
parcel based on linear
frontage. The estimated rate
is
$165
per
property
per
year.
Total
project cost
is $495,000
annually and
$2,475,000
overall.
Funds
may
only
be
used
for
sidewalk
construction, repair,
and
ADA
compliance. Annual
increases
are
capped
at
3%.
Expenditures
require
annual
independent
audit, public
reporting,
and City Commission approval.


2.
Limitation on Duration of
Assessment
Programs
(a)
Non
Ad-Valorem
Assessments
authorized pursuant
to
this
Section
shall
be
established
for
a
period
not
to
exceed four
(4)
years
from
the
date
of
initial
approval
by the
qualified
electors.
(b)
Any
continuation,
renewal, or
reauthorization
of
a
Non Ad-Valorem
Assessment
beyond
the
initial
four-year
term
shall
require
a
subsequent
referendum
and
receive
approval
by
at
least
CHT 4

7

50%
+1
to succeed
approval prior to
renewal.


(c)
If
qualified
elector
approval
for
renewal
is
not
obtained,
the
assessment
shall
automatically
expire
at
the
conclusion of
the authorized
term.
Note – to
discuss adding funding for staffing a
department and the
guardrails to put
in
place.

3.
Limitation on Annual
Increases
(a)
Annual
increases
to
any
Non
Ad-Valorem
Assessment
authorized
under
this
Section
shall
not
exceed the
average
annual
growth
rate
in
Florida
personal
income
over
the
previous
5
years, as
determined
from
the
Bureau of
Economic
Analysis
affiliated with
the
US
Department of Commerce.
(b)
Any
proposed
increase
exceeding
this
limitation
shall
be
deemed invalid
unless
separately approved by the qualified
electors
in
a
referendum.
C.
Non
Ad-Valorem Assessment Implementation
1.
Management
and
Usage
of Non
Ad-Valorem Assessment
funds
(a)Funds
generated
from
a
Non
Ad-Valorem
Assessment
shall
be
expended
solely and
exclusively
for
the
specific
purpose
stated
in
the
ordinance,
ballot
language,
or
authorizing
resolution
approved by
the
voters.


(b)
Assessment
funds
shall
not
be
diverted, transferred,
commingled, or
otherwise
used
for
any
program, project, service, or
fund
not
expressly
included in the
stated purpose
of
the
assessment.
(c)
The
City
shall
separately
account
for
each
authorized
assessment
program
and
shall
provide
annual public
reporting on programs and expenditures.
2.
Compliance and
Oversight
(a)
The
City
Commission shall adopt and implement
procedures
to ensure compliance
with
this
Section, including
financial
controls, reporting
standards,
and
independent
audit
requirements.
(b)
Failure to comply
with the restrictions
set forth
herein
shall
constitute a
violation
of
this
Charter and shall
require
corrective
action
and
restitution
to the
assessment
fund.
annual


(Laws
of Fla. (1951), ch.
27685, § 10; Laws
of Fla. ch. 61-2434, § 1)


Editor's
note--This
section
has
been
editorially
amended
to
delete
the
reference
to
municipal
courts
as
municipal
courts
were
abolished
pursuant
to art.
V, § 4(d)
of
the
Florida
Constitution. The
provision
regarding
abandoned
property
on public
streets, etc., has
been
deleted as
superseded by
F.S. §
705.101
et
seq. The
statement
regarding payment
of
ad
valorem
taxes
has
been
editorially
deleted as
superseded
by
F.S. ch. 192
et
seq. The
provision
regarding
vacating
streets,
plats, etc.,
has
been
editorially
transferred
to
the
Code
of
Ordinances
as
certain
provisions
of
a
Charter
adopted prior
to
July
1, 1973, and not
subsequently
amended by
referendum
have
been converted
to
ordinances
by
operation
of
F.S.
§
166.021(5).
This
section is
section 58-26 in the
Code
of
Ordinances.


CHT 5

8

Sec. 6A. [Reserved.]


Editor's
note--Ord. No. 711, §
1, adopted Feb. 27, 2001,
repealed§ 6A
which
pertained
to
corporate
limits
enlarged. See
the
Charter
Comparative
Table.


Sec. 7. Same-Generally.

The
City
of
Lynn
Haven hereby
created,
established
and organized, shall
have
full
power
and authority to
acquire, take, hold
and
control
property
real, personal
and mixed,
both
within
and
without
its
corporate
limits
for
the
use, benefit, welfare
and best
interest
of
said
municipality, by
purchase, lease,
grant,
gift, devise,
condemnation
or
otherwise, and
to
sell,
lease
or
otherwise
dispose
of
such
property
for
the
benefits
of
said
municipality
to the
same
extent
that
a
natural
person
might
or
could
do;
to
issue
and
sell
bonds,
debentures
and
certificates
of
indebtedness
or
other
obligations, upon its
property
both
within
and
without
its
corporate
limits, or
in
the
earnings
thereof, or both, for
any
lawful
municipal
purpose.
(Laws
of Fla. (1951), ch.
27685, § 7; Ord. No. 711, § 1, 2-27-01/4-25-01)


Editor's
note--Parts
of
this
section regarding
enumerated powers
which
have
not
been
amended
by referendum
after
July
1,
1973,
and
which
are
not
extraterritorial
powers
have
been
editorially deleted as unnecessary
as
home
rule powers
of
a municipality are derived
from
the
constitution
and
RS. ch. 166
and
the
provisions
regarding planning have
been superseded by

F.S. § 163.3161
et seq.
Sec. 8. Same-Police
power; general
penalty.


The
City Commission
shall
have
power
to pass
all
such
ordinances
and laws, not
inconsistent
with the
Constitution
and
laws
of
the
United States
and of
this
State, as
may
be
expedient
and
necessary
for
the preservation of
the public
safety, peace
and order.
(Laws
of Fla. (1951), ch.
27685, § 106)


EU AI legislation?


Mr. Scray will send us an example – to forward on to the committee.


Table
till
next
meeting.


Motion by scray to table s8 and 9 till next
meeting
Second by Tucker
Motion
5-0


Section 8.X – Surveillance Technology and Artificial
Intelligence
(Florida-Aligned)


(a)
Constitutional
Foundation
The use
of surveillance
technology and artificial intelligence
by the City shall
comply with the
Fourth Amendment
to the
United States Constitution and Article I, Section 23 of the Florida
Constitution, ensuring protection of individual
privacy rights.
(b)
Authorization by Ordinance Required
No City department shall
acquire, deploy, or
use
surveillance technology or
artificial
intelligence
systems except as authorized by ordinance
adopted by the City Commission.
CHT 6

9

(c)
Scope of Surveillance
Technology
Includes, but is
not
limited to:

Automated License Plate Readers (ALPR), including Flock Safety systems

Unmanned Aircraft Systems (drones), as regulated by Section 934.50, Florida Statutes

Thermal or
infrared imaging

Live video or
camera networks

Audio recording or interception devices regulated under
Chapter 934, Florida Statutes

Facial
recognition and biometric identification systems

Artificial
intelligence systems used for analysis,
identification, or predictive
purposes
(d)
Prohibition on Generalized Surveillance
The City shall
not conduct
indiscriminate or bulk surveillance
of
the public
without a
lawful
purpose consistent with state and federal law.
(e)
First Amendment Protections
No surveillance or AI system shall be used to monitor individuals or
groups solely based on lawful
First
Amendment activities.
(f) Warrant
and Legal Process Requirements
Where
required by the United States Constitution, Florida Constitution, or Florida
Statutes—
including but not limited to
Sections 934.50 and Chapter 934, Florida Statutes—a warrant or
lawful
authorization must be obtained.
(g)
Human Oversight of AI
Artificial
intelligence systems shall not be
used as the
sole
basis
for
enforcement
or investigative
action. Meaningful human review is required.
(h)
Transparency and Accountability
The City Commission shall adopt
ordinances ensuring transparency, data
minimization, auditing,
and public reporting consistent with
Chapter
119, Florida Statutes, while protecting exempt or
confidential
information.
CHT 7

10

Editor's
note--Parts
of
this
section which
have
not
been amended by referendum
after
July 1, 1973, and
which are
not
extraterritorial
powers
have
been editorially deleted as
unnecessary
as
home
rule
powers
of
a
municipality
are
derived
from
the
constitution
and F.S.
ch. 166.


Sec. 9. General
laws to apply.


All
general
laws
of
the
State
applicable
to municipal
corporations, now
or
which
are
to be
enacted, and
which
are
not
in
conflict
with
the
provisions
of
this
Charter
or
with
the
ordinances
and
resolutions
enacted
by
the
City Commission, shall
be
applicable
to this
City;
provided,
however, that
nothing contained in
this
Charter
shall
be
construed as
limiting the
power
of
the
City
Commission to
enact
any
ordinance
or
resolution
not
in conflict
with
the
Constitution of
the
State
or
with the
express
provisions
of
this
Charter.
(NOTE:
Amy
will
research for
the
committee)
(Laws
of Fla. (1951), ch.
27685, § 107)


State
law
reference--Municipal
home
rule
powers,
F.S.
ch.
166.


Sec. 9A.
Charter Review.


This
Charter
shall
be
reviewed
by
a
Committee
appointed
by
resolution
of
the
City
Commission every
five
years.
Editor's
note--Ord. No.
711, § 1,
adopted
Feb. 27, 2001,
repealed§
9A, which pertained to
procedure
for
amending
charter.
See
the
Charter
Comparative
Table.


CHT 8

11

ARTICLE
II. CITY
COMMISSION*


Sec. 10.
Form
of government.


The
form
of
government
of
the
City of
Lynn
Haven
provided
for
under
this
act
[Laws
of
Fla.
(1951), ch. 27685]
shall be known
as
the
"Commission-Manager
Plan."
The City Commission
shall
constitute
the
governing
body
with
powers
to
pass
ordinances, adopt
resolutions
and
appoint a chief
administrative
officer
to be known as the
"City
Manager."


A.
Separation
of
Powers
in
Administration
Neither
the
Mayor-Commissioner
nor
any
Commissioner
shall
individually
direct
or
interfere
with
the
performance
of
duties
by the
City
Manager
or
by
city
employees
under
the
City
Manager’s
supervision.
Administrative
authority
and day-to-day operations
of
the
City
are
vested exclusively
in the
City Manager.


The
Commission shall
set
their
meeting rules
and protocol
within
the
first
45
calendar
days
following
the
swearing in of a
newly elected
or
appointed member, as
approved in
majority
by
the
Commission.


(Laws
of Fla. (1951), ch.
27685, § 8; Ord. No. 711,
§ 1, 2-27-01/4-25-01)


State
law
reference--Municipal
home
rule
powers,
F.S. ch. 166.


Sec.
11. Creation;
election
of
members;
term
limits.


A
City
Commission
is
hereby created to consist
of
a
Mayor-Commissioner
and four
Commissioners
who
shall
be
qualified as
hereafter
prescribed and whose
term
of
office
shall
begin
immediately
following the
canvass
of
and certification
of
election returns
as
provided
herein
Elections
shall
be
held
on
the
Tuesday
immediately following
the
third
Monday
in
April
with any
necessary run-off
election
to
be
held the
Tuesday
immediately
following the
third
Monday
in
May.
The
City
shall
hold
elections
for
the
Mayor-Commissioner
and
Commissioners
every year
ending in an
odd
number
after
the
election
of
2009.
The
Mayor-
Commissioner
and
Commissioner
seats
one
and
two
shall
be
elected
every
four
years
starting
with the
election of
2011. Commissioner
seats
three
and four
shall
be
elected every
four
years
starting
with
the
election
of
2009. The
Mayor-Commissioner
and
the
Commissioners
shall
be
elected
at
large
in
the
City. The
incumbent
shall
hold office
until
a
successor
is
elected
and
qualified
as
herein provided.
No
Commissioner
shall
serve
more
than
2
consecutive
four-year
terms
in
office,
plus
2
consecutive
four-year
terms
as
Mayor,
not
inclusive
of
any partial
terms.
In order
to
serve
any further
terms
as Mayor
or
Commissioner,
such
person
shall
have
been out
of
office a
minimum of
two years.

*Code
reference--City
commission,
§ 2-26
et seq,
State
law
references--Code of
ethics, F.S. § 112.311 et seq.; open
records
law, F.S.
ch. 119;
open meetings law, F.S. §
286.011 et
seq. (Laws of
Fla.
(1951),
ch. 27685, §
9;
Laws
of Fla.
ch. 69-1271, § 1; Ord. No. 711, § 1, 2-27-01/4-25-01;
Ord. No. 754, § 1, 10-14-03/9-9-03);
Ord. No. 868, § 1, 1-23-07/4-17-07)


Sec. 11A. Mayor-Commissioner
and
Commissioner Compensation.

CHT 9

12

Compensation for
the
Mayor-Commissioner
shall
be
$1,500.00
per
month and
each
Commissioner
shall
be
$1,250.00 per
month,
with
a
cost
of
living
adjustment
each
fiscal
year
consistent
with
any
such
adjustment
given
to
the
employees
of
the
City,
so
long
as
said
adjustment
is approved
in the
annual budget.


Sec. 12. Qualifications
of members; prohibited interest
in City contracts;
prohibiting former members from
employment.


Members
of
the
Commission shall
be
qualified
electors
and residents
of
the
City. Officers
and
employees
of
the
City
shall
not
be
interested in
the
profits
or
emoluments
of
any
contract,
work
or
service
for
the
City, and
any
such
contract
in which
any
member
is,
or
may become
interested,
shall
be
declared
void
by
the
Commission. Members
of
the
Commission shall
not
become
employed by the
City for
a period of not
less
than
two years
after
leaving office.
(Laws
of Fla. (1951), ch.
27685, § 11; Ord. No.
711, § 1, 2-27-01/4-25-01)


Sec. 13.
[Reserved.]


Editor's
note--Ord. No.
711, §
1, adopted Feb. 27,
201, repealed
§
13,
which
pertained
to
candidates
prohibited
from
making
certain
promises.
See
the
Charter
Comparative
Table.


Sec. 14.
Judge of
own
elections; felony convictions.


The
Commission
shall
be
the
judge
of
the
election
and
qualification
of
its
own
members
subject
to
review
by
the
courts. The
Commission
shall
serve
as
the
Canvassing Board. Any
member
of
the
Commission
who
shall
be convicted
of
felony
while
in
office shall
immediately
forfeit
his office.
(Laws
of Fla. (1951), ch.
27685, § 13; Ord. No.
711, § 1, 2-27-01/4-25-01)


Sec. 14A. Background checks
for City
Manager, City
Clerk,
and Department
Heads


The
City of
Lynn
Haven
shall
conduct
a
Level
2
Background check, including
but
not
limited to sex offender registry checks, and
criminal background checks, on the
City Manager,
City
Clerk,
and
every
Department
Head.
The
convictions
not
acceptable
for
employment
with
the
City
of
Lynn
Haven
shall
include
but
not
be
limited to
violent
crimes,
drug
sales,
sex
offense
charges, and/or
crimes
of
moral
turpitude
including
but
not
limited
to,
theft,
embezzlement,
rape, forgery,
and
solicitation of prostitutes,
and
pornography.


Sec. 15.
Vacancies.


Any
vacancy
in
the
Commission
may be
filled until
the
next
regular
municipal
election
by
vote
of
the
remaining
members
of
the
Commission;
provided
that
if
such
vacancy is
not
filled
within thirty
(30)
days
after
it
shall
have
occurred, appointment
to
fill
such
vacancy
shall
be
made
by
the
Governor
of
the
State
of
Florida
and provided
further,
that
vacancies
resulting
from
a
recall
election
shall
be
filled
in the
manner
hereafter
prescribed.
(Laws
of
Fla. (1951),
ch. 27685,
§ 14)


State
law
reference--Filling
of
vacancies
by the
Governor, F.S. §
112.51(3)
Sec. 16. General
law governing City Councils extended to Commissioners.


Sec. 16.
General
law
governing City Councils
extended
to Commissioners.


CHT 10

13

Any
right
or
authority
given
or
permitted
by the
Constitution
and
laws
of
the
State
of
Florida
to
City
Councils
not
inconsistent
with the
provisions
of
this
Act
shall
be
given, permitted
and
extended
to the
City Commissioners of
the
City of
Lynn Haven.
(Laws
of Fla. (1951);
ch.
27685, § 108;
Ord. No.
711, § 1, 2-27-01/4-25-0i)


State
law
reference--Municipal
home
rule
powers, F.S. ch.
166.


Note--Formerly§
20.


Requested
to be
Added
by
Ryan Scray:


A vacancy
in the
office of
Commissioner
shall be filled
as
follows:


1.
365 Days
or
Fewer Remaining.
If
the
vacancy
occurs
with
365
days
or
fewer
remaining
until
the
next
regular
municipal
election, the
City
Commission
shall appoint,
by majority vote,
a
qualified
elector of
the
City
to
serve
until
the
next
regular
municipal
election. If
the
Commission
fails
to
make
an
appointment
within 30 days, the Commission
shall
call
a special
election, unless
fewer
than
180
days
remain
until
the
next
regular
municipal
election, in which
case
the
seat
may remain
vacant.
2.
More
Than 365
Days
Remaining.
If
the
vacancy
occurs
with
more
than 365
days
remaining until
the
next
regular
municipal
election, the
Commission
shall
call
a special
election to fill
the vacancy.
3.
Term.
A
person
appointed,
or
elected
in a
special
election,
shall
serve
the
remainder
of
the
unexpired
term..
A
person
appointed
to fill
a
vacancy
shall
serve
until
the
next
regular
municipal
election, at
which
time
the
office
shall
be
filled for
the
remainder of
the term.
4.
Election
Timing.
Any
special
election
shall
be
conducted in coordination with
the
Supervisor
of
Elections
and
in
accordance with Florida
law.
Sec. 17. Mayor-Construed.

Whenever
the
term
Mayor
is
used in
this
Charter, it
is
understood
to
refer
to
the
Mayor-
Commissioner.


(Laws
of Fla. (1951), ch.
27685, § 15; Ord. No.
711, § 1, 2-27-01/4-25-01)


Note--Formerly § 21.


Sec. 18.
Same-Functions
and
duties.

The
Mayor
shall
preside
at
all
meetings
of
the
Commission
and
perform
such
other
duties
consistent
with
his
office
as
may
be
imposed
upon
him
by the
Commission and he
shall
have
a
voice
and a
vote
in
the
proceedings
of
the
Commission, but
no
veto power. He
shall
use
the
title
of
Mayor
in
any
case
in
which
the
execution
of
legal
instruments
in
writing,
or
other
necessity arising
from
the
general
laws
of
the
State, so
requires. He
shall
be
recognized
as
the
official
head
of
the
City
by
the
Courts
for
the
purpose
of
serving
civil
processes;
by
the
government
in
the
exercise
of
military
law, and
for
all
ceremonial
purposes,
and
shall
countersign
all
checks
and
vouchers
prepared by
the
City Manager.
He
may
take
command
of
the
police
and
fire
departments
and
govern
the
city
by
proclamation
during
the
times
of
grave
public
danger
or
emergency, and he
shall
himself
be the judge
of what constitutes such
danger
or
emergency. The
powers
and
duties
of
the Mayor shall
be
such as are
conferred
upon
him by
this
Charter
and
by
the
City
Commission
in pursuance
of
the
provisions
of
this
Charter, and no


CHT 11

14

others. Annually
at
the
first
Commission
meeting in
May the
members
of
the
City
Commission
shall
appoint
a Mayor
Pro Tem
to
serve
in the
Mayor’s
absence. No Commissioner
may
serve
as
Mayor Pro Tem
more
than once
during
a
four-year
term.
(Laws
of Fla. (1951), ch.
27685, § 16; Ord. No.
711, § 1, 2-27-01/4-25-01)


Note--Formerly § 22.


Sec. 19.
Advisory Boards.


The
City
Commission may
at
any
time
appoint
an Advisory
Board
(or
Boards), composed
of
men and women
who
are
residents
of
the
City of
Lynn
Haven
and who are
not
disenfranchised
by
law.
These
people
shall
act
in
an advisory
capacity to
the
City
Commission
or
City
Manager
with respect
to
the
management
of City
property
or
the exercise
of any
public
function. An
individual
shall
only serve
on one
standing
Board
at
a
time.
Service
by
an
individual
on a
standing
Board, except
the
Planning Commission, is
limited to
six
(6)
consecutive
years.
An
individual
on
the
Planning
Commission
shall
not
serve
more
than
eight


(8)
consecutive
years.
(Laws
of Fla. (1951), ch.
27685, § 51; Ord. No.
711, § 1, 2-27-01/4-25-01)
Editor's
note--The
reference
to freeholder
in
this
section
has
been deleted
as
it
is
of
questionable
validity
pursuant
to a
decision
in
Turner
v.
Fouche,
396
U.S.
346 (1969).
Note--Formerly
§
25.


CHT 12

15

ARTICLE
III. OFFICERS
AND EMPLOYEES*


Sec. 20. Incumbents holding office.


All
officers
elected
or
appointed and holding
office
in
the
City shall
continue
to hold
their
respective
offices
and to
discharge
the
duties
thereof
until
their
successors
are
elected and
confirmed
under
the
provisions
of
this
act
[Laws
of
Fla. (1951), ch. 27685];
provided,
that
if
no such
successors
are
clearly provided
for
in
this
act
[Laws
of
Fla. (1951), ch. 27685],
then
such
officers
shall
hold
office
and
discharge
their
duties
only during
the
pleasure
of
the
City
Commission
herein
created;
and
all
existing ordinances
of
the
City, not
in conflict
with
the
provisions
of this act [Laws of
Fla. (1951), ch.
27685], shall
continue in effect
and unimpaired
until
repealed, amended or
modified by the City
which is hereby organized
and created.
(Laws
of Fla. (1951), ch.
27685, § 4; Ord. No. 711, § 1, 2-27-01/4-25-01)


Editor's
note--Laws
of
Fla. (1951), ch.
27685,
became
effective
on
June
11, 1951.


Note--Formerly §.26.


Sec. 21.
Officers
and Departments
enumerated.


A.
Officers
of
the
City
of
Lynn
Haven
shall
consist
of
a
City
Manager,
City Clerk, and
City
Attorney.
B.
The
Department
Heads
of
the
City
of
Lynn Haven
shall
consist
of
the
Police
Chief,
Fire
Chief, Public
Works
Director, Finance
Director
and those
Departments
as
established
by
ordinance.
C.
Department
Heads
shall
be
appointed
by
the
City
Manager
subject
to
confirmation
by
a
formal majority vote of
the
Commission.
D.
In the
absence
of
an
appointment
by the
City
Manager,
the
Mayor-Commissioner
shall
make
such appointments
subject
to confirmation
by
formal
majority vote
of
the
City
Commission.
E.
Nothing
herein
shall
be
construed
to
prevent
the
City
Manager
from
acting
as
head
of
any
department, upon his
being so
accepted by
the
majority of
the City
Commission.
Officers and
Departments of
the
City
of
Lynn
Haven
shall
consist
of
a
City
Attorney, Police
Chief, Fire
Chief, City
Manager,
Public
Works
Director, Finance
Director
and those
Departments
as
established by ordinance. The
heads
of
each
and
every
Department
shall
be
appointed
by
the
City
Manager
with
the
advice
and
consent
of
a
majority
of
the
Commission,
In the
absence
of
an appointment
by the
City
Manager,
the
Mayor-Commissioner
may
make
such
appointments
if
it
is
deemed necessary
or
expedient
by the
majority of
the
City
Commission, and
in either event, such
appointment
shall be made with the
advice
and consent
of
the
majority of
the
City
Commission. Nothing
herein shall
be
construed
to prevent
the
City
Manager
from
acting as
head of
any
department,
upon
his
being so accepted
by the
majority
of
the
City
Commission.

(Laws
of Fla. (1951), ch.
27685, § 27; Ord. No.
711, § 1, 2-27-01/4-25-01)


Note--Formerly § 27.
.

Code
reference--Officers
and
employees,
§ 2-106 et
seq.


CHT 13

16

Sec. 22.Compensation.
TheCommission shallfix by ordinance, thecompensationofallCityemployeesand
membersofBoards. Thecompensationsofixed,shallbeuniformforlikeservicesin eachgradeoftheCityserviceasthesameshallbegradedorclassified bytheCityManager, ortheCityCommission.
(Lawsof Fla. (1951), ch.27685, § 94; Ord. No.711, § 1, 2-27-01/4-25-01)
Note--Formerly § 28.
*Codereference-Officersand employees, § 2-106etseq.
Sec. 23.Civilservicesystem.
TheCity Commission ofLynn Haven, Florida may, at its discretion, institute acivilservicesystemfor hiring and dischargingitsemployees.
(Lawsof Fla. (1951), ch.27685, § 104;Ord. No.711, § 1, 2-2 001/4--25-01)
Note--Formerly § 31.
Sec.24. City Manager-Appointment;qualifications;substitute.
Il'
TheCityCommissionshallappointaCityManagerwhoshallbetheadministrativeheadofthemunicipalgovernmentunderthedirection andsupervision oftheCityCommission andshallholdofficeatthepleasureoftheCityCommission. Heshallbechosensolelyon thebasisof his executive and administrativequalifications, without regard tohispoliticalbelief,andheneed not bearesident of the City orState atthetimeof hisappointment, butduring histenureofofficeheshallresideestablish permanentresidenceinBay County within 12monthsofhisappointment.theCity, unlessapprovedto livein thecountyandwithinareasonabledistanceofcommutefromtheCityasestablishedby theCommissionwhen theymaketheappointment.
In theabsenceofaDeputyCityManager, duringtheabsenceordisabilityoftheCity Manager,
theCityCommissionmaydesignateaproperlyqualifiedperson,by resolution, totemporarilyexecutethefunctions oftheoffice.
(Lawsof Fla. (1951), ch.27685, § 23; Ord. No.711, § 1, 2-27-01/4-25-01)
Note--Formerly'§ 32.
Requestedto beTo beaddedbyRyanScray:
“and theyneednotbearesidentoftheCityorState attimeofappointment,butduring theirtenure ofofficeshallresidewithinthecityunlessapproved tolivewithinareasonabledistanceofcommutefromtheCityasestablished bytheCommissionwhentheymaketheappointment.”
Sec. 25.Same-Removal.
TheCity Manager shallonly beremoved bytheCity Commission.
(Lawsof Fla. (1951), ch.27685, § 25; Ord. No.711, § 1, 2-27-01/4--25-01)
Note--Formerly § 34.
Sec. 26.Same-Functionsand Responsibilities.
TheCity ManagershallberesponsibletotheCityCommissionfortheproperadministration
ofallaffairs of theCityand tothatend, hisresponsibilitiesareand shall include:
appointment.theCity, unlessapprovedto livein thecountyandwithinareasonabledistanceofcommutefromtheCityasestablishedby theCommissionwhen theymaketheappointment.
In theabsenceofaDeputyCityManager, duringtheabsenceordisabilityoftheCity Manager,
theCityCommissionmaydesignateaproperlyqualifiedperson,by resolution, totemporarilyexecutethefunctions oftheoffice.
(Lawsof Fla. (1951), ch.27685, § 23; Ord. No.711, § 1, 2-27-01/4-25-01)
Note--Formerly'§ 32.
Requestedto beTo beaddedbyRyanScray:
“and theyneednotbearesidentoftheCityorState attimeofappointment,butduring theirtenure ofofficeshallresidewithinthecityunlessapproved tolivewithinareasonabledistanceofcommutefromtheCityasestablished bytheCommissionwhentheymaketheappointment.”
Sec. 25.Same-Removal.
TheCity Manager shallonly beremoved bytheCity Commission.
(Lawsof Fla. (1951), ch.27685, § 25; Ord. No.711, § 1, 2-27-01/4--25-01)
Note--Formerly § 34.
Sec. 26.Same-Functionsand Responsibilities.
TheCity ManagershallberesponsibletotheCityCommissionfortheproperadministration
ofallaffairs of theCityand tothatend, hisresponsibilitiesareand shall include:
CHT 14

17

(a)
To see
that
the
laws
and
ordinances
are
enforced.
(b)
Except
as
hereafter
specifically provided,
to appoint
and remove
all
subordinate
officers
and employees
and of
the
City;
all
appointments
to be
made
upon merit
and
fitness alone.
(c)
To exercise
control
and direct
supervision over
all
Departments
and divisions
of
the
City under
this
Charter,
or
which may be
created by the
City Commission, including
public utilities owned by said City.
(d)
To see
that
all
terms
and conditions
imposed in favor
of
the
City or
its
inhabitants
in any
public
utility franchise
are
faithfully kept
and performed;
and upon
knowledge
of
any violation thereof, to call
the
same
to the
attention of
the
City
Attorney whose
duty it
is
to
take
such legal
steps
as
may be
necessary to
enforce
the same.
(e)
To attend all
meetings
of
the
City Commission, and of
its
Committees, with right
to take part in the discussion, but without having a vote.
(f)
To recommend to
the
Commission for
adoption such measures
as
he
may deem
necessary or expedient
in the interest of the City.
(g)
To keep the
City Commission fully advised monthly as
to the
financial
condition
and needs of the City and to submit
for its consideration an annual budget.
(h)
To enforce
and administer
any
zoning regulations
established by said City
Commission but
said City
Commission shall
hear
and review
any
order,
requirement, decision or
determination
made
by
him
in
the
enforcement
of
the
zoning regulations.
(i)
To perform such other
duties as may be
prescribed under
this Charter or as
may be
required of him by ordinance or resolution of
the
City Commission.
(j)
He
shall
be
purchasing agent
for
the
City, by whom
all
purchases
of
supplies
shall
be
made, and he
shall
approve
all
vouchers
for
the
payment
of
same. In the
capacity
of Purchasing Agent, he shall also conduct all sales
of personal property which the
Commission may
authorize
to be
sold as
having become
unnecessary or
unfit
for
the City's use.
(k)
Shall
be a designated whistleblower complaint
recipient.
(Laws
of Fla. (1951), ch.
27685, § 26; Ord. No.
711, § 1, 2-27-01/4-25-01)
Note--Formerly § 35.


Sec. 27.
City Attorney-Appointment;
duties.


The
City Commission shall
appoint
a
City Attorney
who shall
act
as
the
legal
advisor
to,
and
attorney and
counselor
for, the
City
and all
of
its
officers
in
matters
relating
to their
official
duties. He
shall
approve
all
contracts, bonds,
and other
instruments
in writing
in
which
the
City
is
concerned, and no
contract
with
the
City shall
take
effect
until
his
approval
is
so endorsed
thereon. He
shall
prosecute
and
defend,
for
and
in
behalf
of
the
City,
all
complaints,
suits
and
controversies
in
which
the
City
is
a
party, unless
otherwise
directed
by
the
City Commission.
He
shall
furnish
the City
Commission
and/or
the City
Manager
his opinion on any
question of
law
relating to
their
respective
powers
and
duties.
They shall
perform
such other
professional
duties
as
may be
required of
them
by ordinance
or
resolution of
the
City
Commission, or
as
are


CHT 15

18

prescribed, for
City Attorneys
under
the
General
Laws
of
the
State
which
are
not
inconsistent
with this
Charter
and
with
any
ordinance
or
resolution
which
may
be
passed by
the
City
Commission.


Shall be
a designated
whistleblower complaint
recipient.


(Laws
of Fla. (1951), ch.
27685, § 28; Ord. No.
711;
§ 1, 2-27-01/4-25-01)
Note--Formerly § 36.


Sec. 28.
Same-Qualifications.

The
City
Attorney
shall
be
a
lawyer
who has
been properly
admitted to
the
Bar
of
the
State
of
Florida
and
is at present
in good
standing
there with.
(Laws
of Fla. (1951), ch.
27685, § 30; Ord. No.
711, § 1, 2-27-01/4-25-01)


Note--Formerly § 38 &
29.
(Laws
of Fla. (1951), ch.
27685, § 29; Ord. No.
711, § 1, 2-27-01/4-25-01)


Note--Formerly § 37.


Sec. 29.
City Clerk – Appointment, duties.

A.
There
is
hereby
created
the
office
of City
Clerk.
The
City Commission
shall appoint a City
Clerk who
shall
hold
office
at the
pleasure
of the
City
Commission. The
compensation
of
the
City
Clerk
shall
be
as
determined
by the
City
Commission.


The
City
Clerk
shall
serve as
the Clerk to the
Commission; shall
be
the official
custodian
of
the
City
seal
and
of
all
official
records, documents
and
papers
of
the
City;
and
shall
perform
such
other
duties
as
are
required of
the
City Clerk by
this
Charter,
state
law, ordinances
of
the
City, or direction of
the City Commission.
(Laws
of Fla. (1951), ch.
27685, § 30; Ord. No.
711, § 1, 2-27-01/4-25-01)


B.
Roles
& Responsibilities
of
the
City Clerk.
Shall serve
as
the Clerk
to
the Commission


The
City Clerk serves
as
the
official
custodian
and
record-keeper
of
the
City, responsible
for
maintaining all public
documents


Clerk of
City
elections
as
required by law


The
Clerk performs
these
and
other
such duties
independently
and
in accordance
with state
law, established policies,
and other
directions
from
the
City
Commission.


Shall be
a designated
whistleblower complaint
recipient.


(Laws
of Fla. (1951), ch.
27685, § 48; Ord. No.
711, § 1, 2-27-01/4-25-01)


Note--Formerly § 39.


CHT 16

19

Sec. 30 30.
Reserved


CHT 17

20

Roles
& Responsibilities].


The
City
Clerk
shall
serve as
the Clerk to the
Commission; shall
be
the official
custodian
of
the
City
seal
and
of
all
official
records, documents
and
papers
of
the
City;
and
shall
perform
such
other
duties
as
are
required of
the
City Clerk by
this
Charter,
state
law, ordinances
of
the
City, or direction of
the City Commission.


(Laws
of Fla. (1951), ch.
27685, § 48; Ord. No.
711, § 1, 2-27-01/4-25-01)


Note--Formerly § 39.


CHT 18

21

ARTICLE
IV. ELECTIONS


Sec. 31. Qualifications
and
Election
of City
Commission
Candidates.


The
offices
of the
City Commission,
other
than
Mayor,
shall
be
numbered one through
four,
inclusive. A
candidate
for
City
Commission must
declare
the
seat
for
which he
is
running
in
order
to
qualify
for
election. At
all
elections,
the
candidate
qualifying
for
that
seat
or
the
Mayor
seat
receiving a
majority of
votes
cast
for
that
seat
or
the
Mayor
seat
shall
be
deemed
elected.
If
two
or
more
persons qualify
for a seat
and
none
receives a majority
of
the
votes cast for that
seat, the
two candidates receiving
the highest number
of votes shall face
each other
in a
runoff
election
to be
held
on the
Tuesday
immediately
following
the
third
Monday
in May
after
the
general
election. The person
receiving the highest
number
of
votes at said runoff election
shall
be
elected.
The
canvass
of
returns
for
said
runoff
election shall
be
the
same
as
is
provided for
a
general
election. If
a
runoff
election
is
necessary,
the
incumbent
shall
remain in
office
until
the
runoff
election
is
canvassed
and certified.
The
term
of
office
of
a
person
elected
at
a
general
election
and a
runoff
election
shall
begin
immediately
upon the
canvassing
and certification of
the
runoff
election.
(Ord. No. 711, § 1, 2-27-01/4-25-01;
Ord.
No. 754, § 2, 10-14-03/9-9-03)


Sec. 32.
Canvass
of
Returns.


The
result
of
the
voting
when
ascertained,
shall
be
certified
to
the
Canvassing
Board by a
return
in duplicate, signed
by
the
City
Manager
Clerk
and
a
majority
of
the
Inspectors
of
the
election. Such returns
shall
be
made
to the
City
Commission
by
the
Canvassing
Board at
the
next
regular
scheduled City Commission
meeting, or a special
meeting, whichever
one occurs
first.
At
such
meeting the
City
Commission shall
convey the
return and
include
the
results
of
the
election.
(Laws
of Fla. (1951), ch.
27685, § 100;
Ord. No.
711, § 1, 2-27-01/4-25-01)


Editor's
note--The
reference
to the
hours
the
polls
are
open has
been editorially
deleted
as
superseded by state
law
in
F.S. § 100.011.
Note--Formerly § 55;


CHT 19

22

Cicelia Rushing


From:
David
Switzer
<[email protected]>
Sent:
Thursday,
March
26,
2026 3:40 PM
To:
Cicelia
Rushing
Subject:
Section
8
Revision/Replacement


CJ

Please forward this update to􀀃the CRC members.􀀃

Thanks,􀀃
David􀀃

Fellow Members􀀃

The update I sent this morning has not sat well with me and I don’t think it hits the􀀃target and scope􀀃I was􀀃
trying to achieve.

I have considered the thoughts and feedback from the􀀃meeting􀀃last night and reworked an update or􀀃
replacement that I believe is suitable􀀃for􀀃discussion and􀀃future􀀃presentation to the COLH City􀀃
Commissioners.􀀃

Section 8


Sec. 8.
Police Power;
General Authority.


The City Commission shall
have the power to enact
ordinances and regulations necessary
to protect the public health, safety, and welfare, and to preserve
the peace and good order
of the City, provided such
ordinances
are consistent with
the Constitution and laws
of the
United States and the State of
Florida. In exercising this authority, the
City Commission
shall ensure that such ordinances are reasonable, clearly defined, and applied in
a fair and
nondiscriminatory
manner, with due regard for the rights, privileges, and liberties of
all
persons. The City shall promote
transparency and public participation in matters
affecting
public
safety and shall provide for fair and proportionate enforcement of its
laws. The City
shall also adopt policies
governing the use of modern technologies
and enforcement
practices
to ensure
accountability, protection of individual privacy, and the responsible
exercise
of its police powers, and shall provide for periodic review
of such ordinances and
practices
to ensure their continued necessity and effectiveness.


Thanks,


David Switzer􀀃

1


23

Cicelia Rushing


From:
Ryan
Scray
<[email protected]>
Sent:
Thursday,
April 2,
2026 12:12 PM
To:
Cicelia
Rushing
Cc:
Amy
E.
Myers
Subject:
Re:
Section
8 Revision/Replacement
Follow
Up
Flag:
Follow
up
Due By:
Wednesday,
April 15,
2026 4:00 PM
Flag Status:
Flagged


CJ,􀀃

Can you send􀀃this􀀃out to􀀃everyone for􀀃consideration as an alternative to what David sent?

Sec. 8. Police Power;􀀃General Authority.􀀃

The City Commission shall have the power􀀃to enact ordinances necessary to protect the public health,􀀃
safety, and welfare, consistent with the Constitution and laws􀀃of􀀃the United States and􀀃the State of
Florida.􀀃

In exercising this􀀃authority, the City shall not enact or enforce any ordinance that violates􀀃constitutional
rights or􀀃results􀀃in unlawful discrimination.􀀃

The City Commission shall,􀀃by ordinance, establish policies􀀃governing enforcement practices􀀃and􀀃the􀀃
acquisition or use of technologies. Such policies shall be adopted through a public process, with􀀃
opportunity for public review and input, prior to the implementation,􀀃use, or any new or materially
expanded use􀀃of such technologies.􀀃

The intent of this revision is to ensure that it remains high level, driving the city commission to􀀃act on􀀃the􀀃
policy side, and includes specifically the􀀃last sentence.􀀃

Ryan

On Mar 26,􀀃2026,􀀃at 3:44􀀃PM,􀀃Cicelia Rushing <[email protected]> wrote:􀀃

Dear Committee􀀃Members,􀀃
Please see the􀀃email below from Mr.􀀃Switzer with regard to updates to Section 8 of the􀀃
Charter.􀀃

1


24

WEDNESDAY,
APRIL 7TH,
2026
CHARTER REVIEW ADVISORY
COMMITTEE &
COMMISSION
JOINT WORKSHOP – 5:30 P.M.


Present:
Dave Lowery, Mayor
Corey Langford, Chair
Sam Peebles,
Mayor Pro Tem
Ryan Scray,
Vice
Chair
Pat Perno,
Commissioner
Jamie
Warrick,
Commissioner
Judy Tinder, Commissioner

ThomasTucker
JamesMarler
David SwitzerChris Lightfoot, City ManagerAmy Myers,City Attorney
Apologies:NoneTheMayor called theworkshop to order at5.30 pm.
Chairman Langford provided an overview of whattheCharter Committeehad discussedandexplained howheanticipated thediscussion in thisworkshop to flow.
ChairLangford providedabriefoverview of hisexperiences relating to theLHStormwaterAssessmentover theyearssinceabout2021.Including hisviewsonthedisparity intheprocess,
theprojects, and thestormwater department. Touched on theongoing adjustmentsto theprocess annually.Thefactthatwecollected ~$2.7M for StormwaterNon-Ad-Valorem, ofwhich$2M is usedto fulfilloperationalcostof thedepartmentand $600K to personnelcosts,
leaving only $100K formajor infrastructure.Thecity needsmorethan $30M to pay for
outstanding capitalprojects for Stormwater thatis 100% grantreliant.Queried thepurposeofthistax.
Discussion – various options of collecting thesetaxesviaother means.
Mr. Scrayexplained the importance thecommittee placedon setting guidanceand protectionsin place for thecity and residents moving forward.
Commissioner Peebles–concern abouthow thecity willfund stormwateriftheNAVis
removed.
ChairLangford–NAVshould notbeused tofund departments. Heis notagainstNAV,butwould likemorefocusonwhere/how the funds areused.
Marler – focuson transparencywithin the city, and these guidelinesdo that.
Tucker– gave exampleof Georgia’s referendum of all7 items on their NAV passing with 61-
89%.
Commissioner Warrick –
too policy driven and operationally detailed
to be
on a charter and
is
more
appropriate
to be
adopted
via ordinance. Something like
this could
work for a NAV
on a
general
fund project, but
not
an enterprise
fund project
where
immediate
needs may be
delayed
while
waiting for a referendum.


Chairman Langford – Why should Stormwater
fall
under enterprise
funds. Why can’t
it
be
put
under
general
funds like
police
and fire?
Commissioner
Warrick – knows no other examples
of cities
where
stormwater is
not
an
enterprise
fund. Stormwater cannot
be
quantified like
water
and sewer.
Concern is with the
state
potentially removing Ad Valorem
it
creates a vacuum
for
cities
to automatically move toward NAV’s.


Mr. Scray
– would still
like
the
ability to protect the
residents
even if the
requirement to
bring
the
NAV to referendum
isn’t
a
reality. Should still
implement
a
requirement
for guidelines
withing the
charter,
like the 7-points
stated.

Commissioner
Tinder
–
understands
residents
concerns
about
the
assessments,
the
disparity
between
properties,
a
smaller
house
being
assessed
more
than
a
larger
one
etc.
but
is
the
charter
the
right
way
to
manage
that?


Mayor
Lowery
–
all
fair
points
have
been
raised.
Recommended
focusing
on
the
7-points
as
items
required
list.


Chairman
Langford
–
spoke
about
the
ability
to
be
geographic
specific
or
for
coverage
of
a
NAV
so
that
not
everyone
is
taxed
if
their
property
is
not
affected.


Further
discussion
ensued.


Mr.
Scray
–
proposed
amended
B1b,
B3
and
all
of
C
(1&2).


Chairman
Langford
–
reiterated
that
NAV
should
only
be
for
projects
and
not
to
fund
departments.


Mayor
Lowery
–
would
like
to
preserve
the
guidelines
an
guardrails.


Public
Commentary:


Mr.
Beshearse
–
in
lieu
of
referendums
for
all,
limit
to
only
those
that
exceed
a
given
threshold.
Spoke
about
exemptions
from
Ad
Valorem
and
putting
it
back
on
the
utility
bill
so
everyone
pays
the
same.
Likes
the
7-points
for
guardrails
and
should
be
incorporated
in
an
ordinance.


Mayor
Lowery
–
reiterated
the
7-points
guardrails
as
fundamental.
Should
require
the
city
to
advertise
them.


Chairman
Langford
–
how
would
you
fit
the
7-points
into
the
LH
stormwater?


Further
discussion
ensued.


Mayor
Lowry
–
asked
how
commission
felt
for
the
7-points
to
be
pushed
ahead?


Commissioner
Peebles,
acceptable
if
limited
to
new
NAV’s.


Commissioner
Tinder,
agreeable,
not
sure
if
Charter
vs
Ordinance.


Commissioner
Warrick,
agreeable
for
general
fund
not
enterprise,
concerned
with
#6
on
the
7-point
list.
Commissioner
Perno,
agreeable
in
ordinance
only
not
via
voter
referendum.


Requested
City
Manager
Lightfoot’s
input
regarding
use
of
SW
funds
from
NAV.


CM
Lightfoot
–
it
was
at
one
time
removed
off
utility
bill
and
on
to
NAV.
Reiterated
that
we
can
only
manage
SW,
not
fix
it.
No
more
calls
are
being
received
about
SW
entering
homes.
The
stormwater
department
digs
ditches,
replaces
failing
culverts,
purchases
equipment
to
maintain.
Regarding
informing
the
public
on
costs,
the
workshops
did
that
using
CIP.
Top
$7M
only
from
CIP.
Best
compromise,
remove
vacant
properties
from
the
assessment,
then
reassess
to
accommodate
differences.
If
you
go
back
to
utility
bill,
it’s
not
fair
across
the
board.
It’s
never
totally
fair
but
as
a
NAV
it’s
fairer.
Comparison
of
single
parents
in
a
small
home
same
as
a
high-income
family
with
large
expensive
home.
City
Manager
Lightfoot
explained
the
difficulties
of
putting
it
back
on
the
utility
bills
in
terms
of
billing
and
collection
of
the
funds.


-The􀀃cost􀀃is􀀃born􀀃by􀀃the􀀃tenant􀀃and􀀃not􀀃the􀀃property􀀃owner,􀀃and􀀃the􀀃landlord􀀃would􀀃

not􀀃reduce􀀃the􀀃rent.􀀃

-Property􀀃owners􀀃who􀀃don’t􀀃have􀀃utility􀀃bills􀀃are􀀃not􀀃included􀀃in􀀃the􀀃collection􀀃of􀀃

these􀀃fees.􀀃

-Additional􀀃sta􀆯􀀃will􀀃need􀀃to􀀃be􀀃recruited􀀃to􀀃deal􀀃with􀀃the􀀃added􀀃burden􀀃of􀀃billing􀀃

and􀀃collection.􀀃

-Money􀀃lost􀀃when􀀃utility􀀃bills􀀃are􀀃unpaid.􀀃

-The􀀃fee􀀃could􀀃total􀀃more􀀃than􀀃the􀀃current􀀃NAV􀀃to􀀃make􀀃up􀀃for􀀃those􀀃that􀀃are􀀃not􀀃

captured􀀃on􀀃the􀀃bills.􀀃

Mayor
Lowry
–
queried
about
using
a
tier
system
on
utility
bills.
CM
Lightfoot
-More
expense
and
demand
on
staff
to
implement.
$27K
to
implement
software,
plus
additional
staff
cost.
The
benefit
wasn’t
there
for
it.

Question
about
Stantec
fees?
CM
Lightfoot
-$40K
each
time
they
consult
with
us,
but
only
because
we
keep
revisiting
the
methodology.


City
Manager
Residency:


Discussed
the
topic
and
proposal.
Brief
discussion
ensued.


There
being
no
further
business
and
the
workshop
was
adjourned
at
7.49
P.M.


ADDITIONAL
BUSINESS:


City
Attorney
Myers
asked
the
commissioners
for
a
special
“closed”
session
as
soon
as
Friday
to
discuss
the
Phoenix
lawsuit.


All
commissioners
agreed
to
this
Friday
at
3pm.
Ms.
Myers
advised
only
people
allowed
in
the
closed
session
willbe
City
Attorney,
City
Manager,
Insurance
Attorney,
Commission,
&
court
reporter


Will
only
be
made
available
to
public
at
the
conclusion
of
the
case.


prepared
by
CJ
Rushing