302. County Chairman
303. County Administrator
ARTICLE IV ADMINISTRATIVE DIVISIONS, OFFICERS AND AGENCIES 9
401. General Provisions
402. Initial Division and Administrative Regulation
403. Reserved (Repealed November 1988)
ARTICLE V PLANNING AND ZONING COMMISSION AND BOARD OF
ZONING ADJUSTMENT
501. Creation of Orange County Planning and Zoning Commission
502. Creation of Board of Zoning Adjustment
503. Review of Planning and Zoning Commission's and Board of Zoning Adjustment's Decisions
504. (Reserved)
505. Voluntary Annexation
ARTICLE VI INITIATIVE, REFERENDUM AND RECALL
601. Initiative and Referendum
602. Procedure for Initiative and Referendum
603. Limitation
604. Power of Recall
605. Nonpartisan Elections
ARTICLE VII GENERAL PROVISIONS
701. Charter Amendment by Board
702. Charter Review Commission
703. County Officers
704. Conflict of County Ordinances with Municipal Ordinances;
Pre-emption
705. Bonds
706. Legal Actions Involving County
707. Code of Ethics
708. Existing Contracts
709. Uniform Budget Procedure
710. Effect of Special Acts
711. Home Rule Charter Transition
712. Audits of County Officers
ORANGE COUNTY GOVERNMENT (January 1, 1997) ORANGE COUNTY CHAIRMAN : LINDA W. CHAPIN ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS
COUNTY ADMINISTRATOR: Jean C. Bennett
1986 CITIZENS CHARTER GOVERNMENT CHARTER
REVIEW COMMISSION 1987-1988 CITIZENS CHARTER GOVERNMENT CHARTER
REVIEW COMMISSION
The Citizens of Orange County, joined together in the belief that governmental decisions affecting
local interests should be made locally rather than by the State, and that County government should be
reflective of the people of the County and should serve them in achieving a more responsive and efficient
form of local government with improved cooperation between the County and the municipalities and other
governmental units within the County; and, in order to empower the people of this County to make changes
in their own government, do hereby avail themselves of the full home rule benefits afforded by the Florida
Constitution to adopt a Home Rule Charter, do ordain and establish this Home Rule Charter for Orange
County, Florida. ARTICLE I POWERS OF GOVERNMENT Section 101. Body Corporate and Politic. Orange County shall be a Body Corporate and Politic and, as such, shall have all rights and powers
of local self-government which are now, or hereafter may be, provided by the U.S. Constitution and the
Constitution and Laws of Florida and this Charter. Section 102. Name and Boundaries. The Corporate name shall be "Orange County," hereinafter referred to as the "County," and shall
be so designated in all actions and proceedings touching its rights, powers, properties and duties. Its seat
and boundaries shall be those presently designated by law. Section 103. General Powers of the County. Unless provided to the contrary in this Charter, Orange County shall have all powers of local self-government not inconsistent with general law, or with special law approved by vote of the electors. Section 104. Special Powers of the County. The County, operating under this Charter, shall have all special powers and duties which are not
inconsistent with this Charter heretofore granted by law to the Board of County Commissioners (hereinafter
"Board"), and shall have such additional County and municipal powers, as may be required to fulfill the
intent of this Charter, including but not limited to, the creation and abolition of special municipal taxing
units with independent budgets. Property situated within municipalities shall not be subject to taxation for
services rendered by the County exclusively for the benefit of the property of residents not within
municipal boundaries, nor shall property situated in the unincorporated area of the County be subject to taxation for services provided by the County exclusively
for the benefit of the property of residents within municipal boundaries. (Amended November 1992) Section 105. Transfer of Powers. The County shall have the power and authority, pursuant to the Constitution and Laws of Florida,
to assume and perform all functions and obligations now or hereinafter performed by any municipality,
special district or agency, whenever such municipality, special district or agency shall request the
performance or transfer of the function to the County. Section 106. Security of the Citizens. In order to secure to the citizens of the County protection against abuses and encroachments, the
County shall use its powers to secure for all Citizens by ordinance or by civil or criminal action, whenever
appropriate, the following: A. Just and Equitable Taxation. B. Proper User of Public Property. C. Full Disclosure of Public Records and Proceedings. D. Prevention of Abuse of the Environment. Section 107. Casino Gambling. A. Reservation of Power by the Electorate. The citizens of Orange county reserve to
themselves the power to approve or disapprove casino gambling of any nature within the
boundaries of the county. Therefore, if and when casino gambling becomes lawful under
the Constitution and laws of the State of Florida, no action may be taken by the Board of
County Commissioners, by the governing body of any municipality, or by any elected or
appointed official or employee of either the county or any municipality the effect of which
is to authorize, to approve, or in any manner to allow casino gambling to occur anywhere
in the county unless and until casino gambling in the county is first authorized by an
approving vote of a majority of the qualified electors residing in the county and voting on
the question at referendum, and such referendum must be separate and apart from any
statewide or multicounty referendum on the question. B. Definition. For purpose of this section, "casino gambling" means playing or engaging in any
game of skill or chance for money or any other thing of value, regardless of how such game
is named, labeled, or otherwise characterized, which game of skill or chance, when played for money or other thing of value, was unlawful under the Constitution
or laws of the State of Florida as of July 1, 1995. C. Referendum. At any primary, special, or general election, the Board of County
Commissioners may offer to the electorate, and upon a petition from the governing body of
a municipality in the county, the Board shall offer as soon as practical to the electorate, the
question of whether casino gambling shall be authorized in the county. Upon approval of
the question at referendum, the county and any municipality may thereafter allow casino
gambling to the extent lawful under the Constitution and laws of the State of Florida, and
at the option of the Board this section may then be deleted from this Charter. If the
question is disapproved at referendum, it may be offered to the electorate again from time
to time, but in no case more frequently than once in any period of 24 months. D. Enforcement. The restrictions in this section may be enforced by the county, by any
municipality in the county, or by any person substantially affected by any violation thereof. E. Municipal Referenda Not Prohibited. Nothing in this section prohibits any municipality in
the county, whether by charter or municipal ordinance, from likewise requiring approval by
its voters at referendum before casino gambling may be allowed within the boundaries of the
municipality, but any such referendum requirement shall be in addition to, not in substitution
of, the referendum approval required by subsection A. (Created March 1996) Section 108. Division of Powers. This Charter hereby establishes the separation between the legislative and executive functions of this
government; the establishment and adoption of policy shall be the responsibility of the Legislative Branch,
and the execution of that policy shall be the responsibility of the Executive Branch. (Amended November 1988) (Renumbered pursuant to amendments adopted March 1996) Section 109. Construction. The powers granted by this Charter shall be construed liberally in favor of the County government.
The specified powers in this Charter shall not be construed as limiting, in any way, the general or specific
power of the government, as stated in this Article. (Renumbered pursuant to amendments adopted March 1996) Section 110. Severability. If any article, section, subsection, sentence, clause or provision of this Charter or the application
thereof shall be held invalid for any reason, the remainder of the Charter and of any ordinances, regulations
or resolutions made thereunder shall remain in full force and effect. (Renumbered pursuant to amendments adopted March 1996) ARTICLE II LEGISLATIVE BRANCH: BOARD OF COUNTY COMMISSIONERS Section 201. Reserved. (Repealed and Reserved November 1988) Section 202. Commission Districts. There shall be six (6) commission districts of contiguous territory as nearly equal in population as
practicable. These districts shall be reconsidered after each decennial census and adjusted by the Board
after one or more public hearings. (Amended November 1988; November 1992) Section 203. Structure of Board. The number of commissioners shall be six (6) with each member elected from single member
districts and a Chairman elected county-wide. Each commissioner shall be a registered voter of and resident
of the particular district he represents at the time of election to office and throughout the term of office. (Amended November 1988; November 1992) Section 204. Terms of County Commissioners. A. Commissioners shall be elected for terms of four (4) years. Elections shall be staggered so
that three (3) Commissioners will be elected every two (2) years. (Amended November 1988; November 1992) B. Any County Commissioner who has held the same commission district office for the
preceding two (2) full terms is prohibited from appearing on the ballot for re-election to that
office; provided, however, that the terms of office beginning before November 4, 1996 shall
not be counted. (Adopted November 1996) Section 205. Compensation. Commissioners elected from single member districts in the November 1990 General Election shall
receive a salary of $25,000 per annum and thereafter Commissioners' salaries shall be uniform and shall be
set by ordinance. The salary in effect at the beginning of a Commissioner's term in office shall not be
lowered during that Commissioner's term. (Amended November 1988) Section 206. Vacancies. Vacancies shall be defined and filled in accordance with sate law. Any Commissioner who changes
residence from the district in which the Commissioner was required to reside, shall be deemed to have
vacated such office. Special elections shall be held when called by the Board of County Commissioners or
required by law. (Amended November 1988) Section 207. Duties. The Board shall have the power to originate, terminate and regulate legislative and policy matters
including, but not limited to: 1. Adopting or enacting, in accordance with the procedures provided by general law,
ordinances and resolutions it deems necessary and proper for the good governance
of the County; 2. Approving the annual operating and capital budgets and any long term capital or
financial program; 3. Considering conducting continuing studies in the operation of County programs and
services and take action on programs for improvement of the County and the
welfare of its residents; 4. Adopting, and amending as necessary, a County administrative code to govern the
operation of the County; 5. Adopting pursuant to the provisions of this Charter, such ordinances of countywide
force and effect as are necessary for the health, safety and welfare of the residents. The Commissioners shall only devote such time as is necessary to perform the legislative
responsibilities of their office. (Amended November 1988) Section 208. Organization. The Board shall annually elect from among its members a Vice Chairman. In the absence of the
Chairman, the Vice Chairman shall serve as the official representative and ceremonial dignitary for the
Board; shall preside during the Board of County Commissioners' meetings and may execute documents
approved by the board. The Vice Chairman shall be elected by majority vote during the month of December
of each calendar year. (Amended November 1988; November 1992) Section 209. Meetings. The Board shall meet regularly, at such times and places as the aboard may prescribe by rule. The
Board shall determine its own rules and order of business. Special meetings may be held on the call of the
Chair or of three (3) or more members, upon no less than twelve (12) hours effective notice to each
member, except in the event of an emergency. Effective notice is notice served personally, or left at the
usual place of residence or place of business of the particular Commissioner sought to be notified. (Amended November 1988) Section 210. Enactment of Ordinances and Resolutions. The Board shall take official action only by the adoption of ordinances, resolutions, or motions and
shall do so in accordance with the due process requirements of general law. Emergency ordinances may
be enacted without public notice or hearing in accordance with general law, and where compelling
circumstances warrant such action. Any ordinances adopted under emergency provisions will be reenacted,
within thirty (30) days of enactment, in accordance with the due process requirements of general law for
non-emergency ordinances. Any ordinances enacted under emergency provision will be effective for a
limited period of thirty (30) days. (Amended November 1988) Section 211. Code of Ordinances. The Board shall maintain a current codification of all ordinances. Such codification shall be
published and made available for distribution on a continuing basis. (Amended November 1988) Section 212. Non-Interference. Except for purposes of inquiry and information, Commissioners are prohibited from interfering with
employees, officers, or agents under the direct or indirect supervision of the County Chairman. (Amended November 1988) ARTICLE III EXECUTIVE BRANCH Section 301. County Administration. There shall be an Executive Branch having jurisdiction over all operations of the County government
not herein assigned to the Legislative Branch or otherwise provided by this Charter. The Executive Branch
shall be composed of an elected County Chairman, an appointed County Administrator, the officers and
employees of the administrative offices and executive divisions established by this Charter or created by the
Board, and the administrative offices and employees of all Adjustment, Regulatory and Advisory Boards
and Commissions, except as otherwise provided in this Charter. (Amended November 1988) Section 302. County Chairman. The County Chairman shall be a registered voter of and resident of Orange County at the time of
election to office and throughout the term of office. The office shall be a full-time position combining both
the duties of ceremonial head and operational head of these activities within the jurisdiction of the Board
of County Commissioners. A. Compensation. The salary of the County Chairman elected in the general election of
November 1990 shall be $80,000 per annum and thereafter the Chairman's salary shall be
set by ordinance. The salary in effect at the beginning of a County Chairman's term in office
shall not be lowered during that term. B. Vacancy. Vacancies in the office of the County Chairman shall be defined and filled in
accordance with state law. If the County Chairman changes residence from Orange County,
he shall be deemed to have vacated such office. C. Terms. The County Chairman shall be elected for a term of four (4) years and shall be
limited to two (2) full consecutive terms. The first election for this position shall be held at
the General Election of 1990 and the person elected shall take office two (2) weeks after
that election. D. Duties. The County Chairman shall have the following powers and duties: 1. Manage the operation of all elements of County government under the jurisdiction
of the Board, consistent with the policies, ordinances and resolutions enacted by the
Board; 2. Serve as Chair of the Board of County Commissioners; 3. Vote on all matters before the Board; 4. Be responsible for the execution of all contracts and legal documents, but may
delegate this authority; 5. Prepare and publish agendas for all meetings of the Board and submit the annual
budget estimate with a plan of action to meet the needs of the County for adoption
by the Board; 6. Appoint and dismiss heads of County departments, divisions and other agencies
under the jurisdiction of the Board except that all such appointments shall be made
annually and shall be subject to confirmation by the Board; 7. Assure the faithful execution of all ordinances, resolutions and orders of the Board
and all laws of the State which are subject to enforcement by the County Chairman,
or by officers who are subject under this Charter to the Chairman's discretion and
supervision; 8. Present annually at a time designated by the Board, a "State of the County"
message, setting forth programs and recommendations to the Board; 9. Supervise the daily activities of employees; 10. Serve as the official representative and ceremonial dignitary for the government of
Orange County with prerogative to issue proclamations; 11. Sign ordinances, resolutions and documents for the Board; 12. Call the Board into regular and special session; and 13. Carry other powers and duties as required by this Charter or may be prescribed by
the Board. (Amended November 1988) Section 303. County Administrator. There shall be a County Administrator who shall be appointed by the County Chairman and
confirmed by the Board and shall serve at the pleasure of the Chairman. The County Administrator shall
be nominated and selected on the basis of professional training and executive and administrative experience
as set forth by ordinance. The County Administrator shall be employed on a full-time basis to assist the
County Chairman in the daily management of the County. A. Compensation. The County Administrator's salary will be established by resolution of the
Board after recommendation by the County Chairman. B. Vacancy. The County Chairman may designate a qualified County administrative officer or
County employee to exercise the powers and perform the duties of the County
Administrator during the County Administrator's absence or disability. If there is a vacancy
in both the offices of County Chairman and the County Administrator, the Board shall
designate by resolution a qualified person to perform the duties of the County
Administrator. ARTICLE IV ADMINISTRATIVE DIVISIONS, OFFICERS AND AGENCIES. Section 401. General Provisions. The activities under the direction and supervision of the County Chairman shall be distributed among
such initial divisions and agencies as are established by this Charter or may be established, merged or
abolished thereunder by the Administrative Regulations. Except as provided by this Charter, each such
division or agency shall be administrated by an officer appointed by and subject under this Charter to the
direction and supervision of the County Chairman. (Amended November 1988) Section 402. Initial Divisions and Administrative Regulations. A. The following initial divisions are hereby established: 1. Community Rehabilitative Services. 2. Fire and Rescue Services. 3. Public Utilities. 4. Administrative Support. 5. Health and Human Services. 6. Public Works and Development. 7. Civic Facilities. 8. Legal Services. B. Administrative Regulations. The County Chairman shall prepare Administrative
Regulations and submit same to the Board for review, amendment and adoption, which
Regulations shall set forth the organization of Orange County government and the nature
and scope of each division together with rules, procedures and personnel for operation of
said divisions. (Amended November 1988) Section 403. Reserved (Repealed November 1988) ARTICLE V PLANNING AND ZONING COMMISSION AND BOARD OF ZONING ADJUSTMENT Section 501. Creation of Orange County Planning and Zoning Commission. There shall be a Planning and Zoning Commission whose membership shall be determined by the
Board or County Commissioners. A. Functions, Powers and Duties of the Planning and Zoning Commission. The Planning and
Zoning Commission shall: 1. propose amendments and revisions to the comprehensive and coordinated general
plan to meet present requirements and such future requirements as may be foreseen,
and propose amendments and revisions to the official zoning maps showing the
zones and districts as established by the comprehensive plan; 2. conduct public hearings as required to hear requests for zoning changes; and 3. perform any other duties which may be lawfully assigned to it. (Amended November 1988) Section 502. Creation of Board of Zoning Adjustment. There shall be a Board of Zoning Adjustment whose membership shall be determined by the Board
of County Commissioners. A. Functions, Powers and Duties of the Board of Zoning Adjustment. The Board of Zoning
Adjustment shall: 1. hear and decide appeals taken from the requirement, decision or determination made
by the Planning or Zoning Department Manager where it is alleged that there is an
error in the requirement, decision or determination made by said Department
Manager in the enforcement of zoning regulations; 2. hear and decide only such special exceptions as the Board of Zoning Adjustment is
specifically authorized to pass on by the terms of the zoning resolutions; 3. authorize upon appeal in specific cases such variance from the terms of the zoning
resolutions as will not be contrary to the public interest where, owing to special
conditions, a literal enforcement of the provisions of the zoning resolutions would
result in unnecessary hardship; and 4. perform any other duties which may be lawfully assigned to it. (Amended November 1988) Section 503. Review of Planning and Zoning Commission's and Board of Zoning Adjustment's
Decisions. Any person aggrieved by any decision of the Planning and Zoning Commission or Board of Zoning
Adjustment may file a notice of appeal to the Board of County Commissioners. Said appeal shall be
processed and heard in accordance with such procedures as are prescribed by Orange County Code. (Amended November 1988) Section 504. (Reserved) Section 505. Voluntary Annexation. A. (1) The Board of County Commissioners may designate as "Preservation Districts" any
areas of Orange County that are not within municipalities and that have existing
historical and cohesive residential communities located within rural settlements as
identified by the County's comprehensive plan (or within such successor land use
categories as the Board may from time to time use in the comprehensive plan). (2) There is created as a preservation district the "Dr. Phillips Urban Preservation
District" in unincorporated Orange County. It has existing historical and residential
communities which form a cohesive whole. Its boundaries and description are
respectively set forth at Appendixes "A" and "B" to Orange County Ordinance No.
98-08. B. Voluntary annexation in a Preservation District may occur only if it is approved by a
majority of the Board of County Commissioners after an advertised public hearing and by
a majority of the registered electors residing within the boundaries of the Preservation
District in which the property or properties lie and voting on the question. The vote by the
registered electors residing within the Preservation District shall be conducted in accordance
with Florida laws pertaining to annexation elections, and the Board of County
Commissioners may adopt regulations and procedures to implement this method of
voluntary annexation. C. The annexation requirements in subsection (b) shall not apply to the Dr. Phillips Urban
Preservation District if and to the extent their application would impair contractual rights
under any agreement existing prior to the date the district was created. (Created November 1992, Amended September 1998) ARTICLE VI INITIATIVE, REFERENDUM AND RECALL Section 601. Initiative and Referendum. The power to propose amendment or repeal of this Charter, or to propose enactment, amendment
or repeal of any County ordinance by initiative is reserved to the people of the County. A. Charter. A petition seeking to amend or repeal the Charter of Orange County shall be
signed by ten percent (10%) of the County electors in a majority of the Commission districts
as of January 1 of the year in which the petition is initiated. B. Ordinance. A petition seeking to enact, amend or repeal an ordinance shall be signed by
seven percent (7%) of the County electors in each Commission district as of January 1 of
the year in which petition is initiated. (Amended November 1988) Section 602. Procedure for Initiative and Referendum. The sponsor of an initiative petition shall, prior to obtaining any signatures, submit the text of the
proposed petition to the Supervisor of Elections, with the form on which signatures will be affixed, and shall
obtain the approval of the Supervisor of Elections of such form. The style and requirements of such form
may be specified by ordinance. The beginning date of any petition drive shall commence upon the date of
approval by the Supervisor of Elections of the form on which signatures will be affixed, and said drive shall
terminate 180 days after that date. In the event sufficient signatures are not acquired during that 180 day
period, the petition drive shall be rendered null and void and none of the signatures may be carried over
onto another identical or similar petition. If sufficient signatures are obtained, the sponsor shall submit
signed and dated forms to the Supervisor of Elections who shall within thirty (30) days verify the signatures
thereon and submit a written report to the Board. A. Charter. Within thirty (30) days after the requisite number of names have been verified by
the Supervisor of Elections and reported to the Board, the Board shall, by resolution, call
a referendum on the question of the adoption of the proposed petition to be held at the next
primary, general or special election occurring at least forty-five (45) days after the adoption
of such resolution. If the question of the adoption of the proposed petition is approved by
a majority of those registered electors voting on the question, the proposed petition shall be
enacted and shall become effective on the date specified in the petition, or, if not so
specified, on January 1 of the succeeding year. B. Ordinance. Within thirty (30) days after the requisite number of names have been verified
by the Supervisor of Elections and reported to the Board, the Board shall notice and hold
a public hearing on the proposed petition according to law and vote on it. If the Board fails
to adopt the proposed petition, it shall, by resolution, call a referendum on the question of
the adoption of the proposed petition to be held at the next primary, general or special
election occurring at least forty-five (45) days after the adoption of such resolution. If the
question of the adoption of the proposed petition is approved by a majority of those
registered electors voting on the question, the proposed petition shall be declared by
resolution of the Board to be enacted and shall become effective on the date specified in the
petition, or, if not so specified, on January 1 of the succeeding year. The Board shall not
amend or repeal an ordinance adopted by initiative for a period of one (1) year after the
effective date of such ordinance. C. The initiative power shall not be restricted, except as provided by general law and this
Charter. (Adopted November 1988) Section 603. Limitation. The power to enact, amend or repeal an ordinance by initiative shall not include ordinances relating
to administrative or judicial functions of County government, including but not limited to, County budget,
debt obligations, capital improvement programs, salaries of County officers and employees, and the levy
and collection of taxes. (Renumbered pursuant to amendments adopted November 1988) Section 604. Power of Recall. The electors of the County shall have the power to recall any elected Charter officer in accordance
with the laws of the State of Florida. (Renumbered pursuant to amendments adopted November 1988) Section 605. Nonpartisan Elections. Elections for all Charter offices shall be nonpartisan. No candidate shall be required to pay any party
assessment or be required to state the party of which the candidate is a member. All candidates' names shall
be placed on the ballot without reference to political party affiliation. In the event that more than two (2) candidates have qualified for any single office under the
chartered government, an election shall be held at the time of the First Primary Election and, providing no
candidate receives a majority of the votes cast, the two (2) candidates receiving the most votes shall be
placed on the ballot for the General Election. (Created November 1992) ARTICLE VII GENERAL PROVISIONS Section 701. Charter Amendment by Board. The Board, by a majority vote of all members, shall have the authority to propose amendments to
this Charter subject to referendum of the general electorate, at any primary, general or special election. (Amended November 1988) Section 702. Charter Review Commission. A. A Charter Review Commission shall be appointed by the Board. The Charter Review
Commission shall consist of not less than eleven (11) members and not more than fifteen
(15) members. All members of the Charter Review Commission shall be electors of the
County. No elected official shall be appointed as a member of the Charter Review
Commission. B. The Charter Review Commission shall be empowered to conduct a comprehensive study of
any or all phases of County government. The Charter Review Commission shall be
appointed no later than February 1, of the year prior to a Presidential election year and shall
adjourn sine die no later than the Monday following that election. A Charter Review
Commission will be appointed on a four-year cycle. A Charter Review Commission may,
during its term, place proposed amendments and revisions of the Charter on the ballot at
general elections only, providing a report of the proposed changes has been delivered to the
Clerk of the Board of County Commissioners at least 60 days prior to the election. Such
amendments or revisions do not require the approve of the Board of County
Commissioners. C. The Charter Review Commission shall hold no less than four (4) public hearings prior to
presenting proposed Charter revisions and amendments to the public. D. The Charter Review Commission shall create and elect appropriate officers as it deems
necessary and proper for the orderly conduct of its specific duties. E. The Board shall defray any reasonable expenses of the Charter Review Commission. (Amended November 1988; November 1992; November 1996) Section 703. County Officers. A. The charter offices of Property Appraiser, Tax Collector and Sheriff formerly created by this
section 703 are abolished. The functions and duties of each of these respective charter
offices are transferred to the Property Appraiser, Tax Collector, and Sheriff, as county
officers under Article VIII, Section 1(d) of the Florida Constitution and each of these offices
is hereby reestablished under Article VIII, Section 1(d) of the Constitution of the State of
Florida. This sub-section A. shall take effect on January 8, 1997. The holders of the former charter
offices of Property Appraiser, Tax Collector, and Sheriff as of the effective date shall be
retained and shall constitute the initial county officers serving as Property Appraiser, Tax
Collector, and Sheriff, as those offices are reestablished under Article VIII, Section 1(d) of
the Constitution of the State of Florida. B. Except as may be specifically set forth in the Charter, the county officers referenced
under Article VIII, Section 1(d) of the Florida Constitution and Chapter 72-461, Laws
of Florida shall not be governed by the Charter but instead governed by the
Constitution and laws of the State of Florida. (Amended November 1992; November 1996) NOTE: Created 1992, effective January 1995. See, Charter Review Commission v. Scott, et al., 647 So. 2d 835 (Fla. 1994). Section 704. Conflict of County Ordinances with Municipal Ordinances; Pre-emption. No county ordinance shall be effective within a municipality if the municipality maintains an
ordinance covering the same subject matter, activity or conduct as the county ordinance, provided,
however, that county ordinances shall be effective within municipalities and shall prevail over municipal
ordinances only when the county shall set minimum standards for (1) regulating adult entertainment and (2)
protecting the environment by prohibiting or regulating air or water pollution, and only to the extent that
such minimum standards are stricter than the applicable municipal standards. The intent of this section is
that no person within a municipality shall be governed simultaneously by two (2) sets of ordinances covering
the same subject matter, activity or conduct, except in matters of minimum adult entertainment or pollution
regulatory standards. In the absence of an ordinance within a municipality on a subject, the county
ordinance on that subject shall govern. (Amended November 1988; November 1996) Section 705. Bonds. The Board may issue bonds as provided by the general law of the State of Florida. All bonds,
revenue certificates, and other financial obligations of the County outstanding on the effective date of this
Charter shall continue to be the obligation of the County. (Amended November 1988) Section 706. Legal Actions Involving County. In any legal actions by or against the County, the County as a corporate body, shall be the party
named, and shall appear and participate in the cause on behalf of the division, officer or employee in such
cause, other than constitutional officers and their employees, where such legal action involves matters
within the scope of said department's, officer's, or employee's responsibilities. Section 707. Code of Ethics. The code of ethics, as provided by general law, shall have full effect on all employees and
officeholders under the Charter government. Penalty for violation shall be as provided by general law. Section 708. Existing Contracts. No provision of this Charter shall be construed to interfere with any valid contract entered into by
the former County government. Section 709. Uniform Budget Procedure. All County divisions, offices, agencies and boards shall operate under a unified and uniform budget
system. No officer or employee of the County shall be compensated by fees, and all fees collected by any
division, office, agency or board shall be deposited in the County treasury. Section 710. Effect of Special Acts. In the furtherance of the orderly exercise of the power of local government for the benefit of the
people in Orange County, the special acts of the legislature related to Orange County shall remain in full
force and effect until amended or superseded by the legislative procedures and powers vested in the Charter
government of Orange County and by the Constitution and Laws of Florida. Section 711. Home Rule Charter Transition. Unless otherwise expressly provided for in this Home Rule Charter, the adoption of this Home Rule
Charter shall not affect any existing obligations of Orange County, the validity of any of its ordinances, or
the terms of office of any elected County Officer which term shall continue as if this Charter had not been
passed. Section 712. Audits of County Officers. The Orange County Comptroller is authorized and required to conduct audits, including
performance audits, of the offices of the Sheriff, Property Appraiser, Tax Collector, Clerk of Court, and
Supervisor of Elections, and the Orange County Board of County Commissioners shall be authorized and
required to order audits, including performance audits, of the office of the Orange County Comptroller. (Created November 1996; Former Section 712 Repealed November 1988) ARTICLE VIII CITIZEN REVIEW BOARD Section 801. Citizen Review Board. A. There is hereby created the Orange County Citizen Review Board composed of not less than
seven (7) nor more than eleven (11) members, two (2) of whom shall be appointed by the
Office of Sheriff, with the remainder appointed by the Board of County Commissioners.
The composition of the Citizen Review Board shall reflect the ethnic, racial and economic
diversity of Orange County. The Citizen Review Board shall be charged with reviewing
citizen complaints and departmental investigations thereof regarding the use of force or
abuse of power by any officer or employee of the Office of Sheriff. The Board of County
Commissioners shall specify the number of members and may from time to time provide for
rules of procedure and other administrative matters by ordinance. B. For the purpose of conducting investigations pursuant to this section, the Citizen Review
Board may subpoena witnesses, administer oaths, take testimony and require production of
evidence. Any person who fails or refuses to obey a lawful order or subpoena issued in the
exercise of these powers shall be guilty of a misdemeanor upon conviction and shall be
punished according to law. Upon completion of any investigation or inquiry, the Citizen
Review Board shall issue to the Office of Sheriff its finding of facts and recommendations. (Created November 1992) NOTE: Created 1992, effective January 1995. See Charter Review Commission v. Scott, et al., 647 So.
2d 835 (Fla. 1994).
DISTRICT 1: BOB FREEMAN
DISTRICT 2: TOM STALEY
DISTRICT 3: MARY I. JOHNSON
DISTRICT 4: CLARENCE HOENSTINE
DISTRICT 5: TED EDWARDS
DISTRICT 6: MABLE BUTLER
COUNTY ATTORNEY: Thomas J. Wilkes
STUDY COMMITTEE
1991-1992 CHARTER REVIEW COMMISSION
MEMBERS
1995-1996 CHARTER REVIEW COMMISSION
MEMBERS
ORANGE COUNTY CHARTER
PREAMBLE