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2An act relating to the City of Marco Island, Collier
3County; amending the City of Marco Island Charter,
4created by chapter 97-367, Laws of Florida, and as
5amended by local ordinances; requiring a special
6election be held to fill any vacancy on the city
7council upon a resolution adopted by the council;
8providing an exception for vacancies occurring within
91 year before a general election; revising the
10circumstances under which the Governor is required to
11fill vacancies; providing for the Governor to call a
12special election in certain circumstances; requiring a
13referendum; providing effective dates.
14
15Be It Enacted by the Legislature of the State of Florida:
16
17Section 1.  Subsection (3) of section 3.05 of Article III
18of chapter 97-367, Laws of Florida, as amended by City of Marco
19Island Ordinance No. 02-20 and City of Marco Island Ordinance
20No. 09-15, is amended to read:
21ARTICLE III - LEGISLATIVE
22Section 3.05 – Vacancies.
23(3)(a)       A vacancy on the Council shall be filled by holding
24a special election for the unexpired term to be called by the
25city clerk upon a resolution adopted by the Council. The special
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26    election shall be held within 130 days after the occurrence of
27    the vacancy, unless the vacancy occurs within one (1) year
28    before a general election of city officials, in which event the
29    Council shall, within 60 days after the occurrence of such
30    vacancy, by a majority vote, appoint a citizen who meets the
31    requirements for qualification under section 5.03(1) of the
32    Charter who shall hold office until the next general election.
33(b)     If four or more Council vacancies occur at one time or
34    the Council does not appoint a qualified citizen to fill a
35    vacancy within 60 days when appointment is required by paragraph
36    (a), the Governor shall fill such vacancies until successors are
37    chosen at the next regular election.
38(c) If the Council does not adopt a resolution to call a
39    special election within 30 days after the occurrence of the
40    vacancy when a special election is required by paragraph (a),
41    the Governor shall call a special election within 10 days. as
42    follows:
43(a)     If a vacancy occurs and the remainder of the unexpired
44    term is 28 months or less, the remaining Council Members shall,
45    within sixty (60) days following the occurrence of such vacancy,
46    by majority vote of the Council Members, appoint a person to
47    fill the vacancy for the remainder of the unexpired term.
48(b)     If the remainder of the unexpired term exceeds 28
49    months, the remaining Council Members shall, within sixty (60)
50    days following the occurrence of such vacancy, by majority vote
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51    of the Council Members seated, appoint a person to fill the
52    vacancy until the next regularly scheduled City election at
53    which the balance of the term for the seat shall be filled in
54    accordance with Article V.
55(c)     If four or more Council vacancies occur at one time,
56    the Governor shall fill such vacancies until successors are
57    chosen at the next regular election.
58Section 2.  Referendum election.—
59(1)     A referendum on the adoption of section 1 of this act
60    shall be held on November 3, 2026, concurrent with the 2026
61    general election.
62(2)     The ballot title for the referendum question shall be
63    in substantially the following form: "REVISIONS TO CITY OF MARCO
64    ISLAND'S PROCEDURES FOR FILLING VACANT CITY COUNCIL SEATS."
65(3)     The referendum question shall be placed on the ballot
66    in substantially the following form:
67Shall Chapter 2026-___, Laws of Florida, amending the
68charter of the City of Marco Island to require a special
69election to fill a Council vacancy, unless the vacancy
70occurs within 1 year before a general election, in which
71event the Council shall appoint a qualified citizen to hold
72office until the next general election; and to provide for
73the Governor to call a special election or appoint a
74Council member in certain circumstances, become effective?
75
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76    ( ) YES.
77    ( ) NO.
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79(4)     The referendum shall be conducted by the Supervisor of
80    Elections of Collier County in accordance with the Florida
81    Election Code.
82Section 3.  This act shall take effect only upon its
83    approval by a majority vote of qualified electors residing in
84    the City of Marco Island voting in a referendum held on November
85    3, 2026, concurrent with the 2026 general election, except that
86    section 2 and this section shall take effect upon becoming a
87    law.
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