Since passage in 1973 of the Municipal Home Rule Powers Act, Florida voters in cities and Charter Government counties have had rights that are denied to citizens of non-charter counties, including Nassau County. Among these powers is the ability to initiate referenda to amend any part or all of the Charter that sets out powers and limitations of their legislative bodies - City and County Commissions.

Equally valuable, Charter-governed voters have the power, by petition, to force an election to recall and replace Commissioners on grounds of, among others: "Malfeasance; Misfeasance; Neglect of Duty; Incompetence; and, Permanent inability to perform official functions. ( F.S. s. 100.361)

Much of the massive waste of County resources by the Nassau County Commission could have been prevented if citizens had the "power to punish" the malefactors. Perhaps even more valuable is the ability to put directly to the voters proposals for charter amendments that make it illegal for commissioners to carry on secret negotiations and make decisions favoring unwise or destructive development.

Below, is the law that gives Florida citizens the right to initiate the process for establishing, for their future protection, a Charter Commission to give the voters the chance to participate in the process of adopting a County Charter form of government. The need is long overdue; the time to get it done is now!!

125.61 Charter commission.--

(1) Following the adoption of a resolution by the board of county commissioners or upon the submission of a petition to the county commission signed by at least 15 percent of the qualified electors of the county requesting that a charter commission be established, a charter commission shall be appointed pursuant to subsection (2) within 30 days of the adoption of said resolution or of the filing of said petition.

(2) The charter commission shall be composed of an odd number of not less than 11 or more than 15 members. The members of the commission shall be appointed by the board of county commissioners of said county or, if so directed in the initiative petition, by the legislative delegation. No member of the Legislature or board of county commissioners shall be a member of the charter commission. Vacancies shall be filled within 30 days in the same manner as the original appointments.

History.--s. 2, ch. 69-45; s. 1, ch. 73-290; s. 1, ch. 74-239.