Ordinance 05-1745railed -Eo bass
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ORDINANCE NO. O61]43
AN ORDINANCE OF THE CITY OF LONGWOOD,
FLORIDA, AMENDING ORDINANCE NO. 041]23,
EXEM1H''I'ING THE CITY OF LONGWOOD FROM THE
PROVISIONS OF SENATE BILL 2346 (CODIFIND AS
CHAPTER 2004252, LAWS OF FLORIDA) REGARDING
EARLV VOTING PROCEDURES WHICH LEGISLATTON
AMENDED THE FLORIDA ELECTION CODE OF THE
FLORIDA STANTES; PROVHIIN'G FOR LEGISLATIVE
FRVDINGS; PROVIDING FOR CONFLICTS,
CODH'ICATTON, SEVBRARILITY, AND AN EFFECTIVE
DATE.
WHEREAS, on October I8, 2004, the City oflongwood adopted Ordinance No.
04-I]23, which allowed the City ofLongwvod to opt om and comract wiN Ne Seminole
County Supervisor of Elections to wndum early voting for the City of Longwood az the
OtSce ofthe Supervisor ofElemions; and
WIIERF.AS, the Florida Legislature en cted Senate Bill 2346 (codifed as
Chapter 2004-252, Laws of Florida) amending various semivns of the Plorda Election
Code in the Florida SmNtes, regarding early voting pmc~ures; and
WHEREAS, the emendmem to Ne Florida Election Code requ'ves satellite
offices of the Supervisor of Elections, which consist of city halls and/or public libraries,
to operate as NIt service facilities ofthe Supervisor ofElections providing early voting to
regbtered voles beginning the fiReemh (15th) day before an elmion and ending on the
day before ce election to include wekkend boors; and
WHEREAS, the Florida Division of Elections has determined that Florida cities
must provide public irotice, automatic tabulation equipmenS daytime end weekend stab,
ecurity and absentee ballots W support of early voting umess derermi Wng and opting not
to participate iv We early voting process; and
WHEREAS, the expenses that woWd be incurred by the City of Longwood end
the edminiauaDve reyu'vemev[s relating to the provision of full sem early voting
facilities to acwmmodete early voting in city eectons would outweigh the beneft of
off ing early voting to th¢citizevs oflvugwovd; and
WHEREAS unde[ the Provisions of Sermon 100.3605, Plorida Statutes, the City
Commission of the City of Longwood ie permitted to exempt itself or opt out Dom the
provisions of the Florida Election Code relating to early voting; and
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WHEREA6, the City Commission of the City of Longwood has determined [hat
the evaclment of this ordinance serves to protect end advance the best interests of the
City ofLOngwood.
NOW, THEREFORE, BE IT ORDALNED BY THE CITY COMMISSION
OF THE CITY OF LONGWOOD, FLORHtA, AS FOLLOWS:
Sttlio° 7. Delumioatlon Not to ImPlemwl Fatly Votiop/l~ lative FSnd'm~.
The City Commission of the City of Longwood hereby detemdnes to
exemptaitself from We provisions of Senate Bill 2346 (codiSed as Chapter 2004-252,
Laws of Florida), wNch legislation emended the Florida Election Code in the Florida
Smmtes regarding early voting procedures kr stand-alone municipal elections.
6. In accordance with Secion 100.3605, Florida Smlutes, the City
Commission ofthe City of Longwood Ends and determines that such exemption set forth
in 9ectlov 1(a) do6s not covBlm with any provision in the Florida Eleaiov Coda that
expressly applies to municipalities. Additionally, the City Commission of the City of
Longwood adopts the recitals tc this ordinance (whereas clauses) as legislative findings-
ss~e> n z. canniom.
ul nramancea or parts of nrainanaea m ennaiat wan mia nmmanee are
hereby repealed and all ordinances or parts of ordinances not in conFlitt with this
ordinance are heeby oovtivued iv fill forceavd effect.
Section 3. CodlBce(ion.
It is the intention oP the City Commission of [he City of Longwood that
the provisions of this ordinance shall be made a part of the City of Iivngwood Code of
Ordinances end tho Seotiovs may ba revnmbered to accomplish such Intamion; provided
however, that Sections 2, 3, 4 and 5 shall not be codiRed.
gectivn 4 Severability.
Harty portion, clause, phrasq sentence or classification of this ordinance
is Geld or declared to be either unconstitutional, invalid, inapplicable, inoperative or void,
they such declaration shall not be wnswed b affect other portions of this ordinance; it is
hereby declared to be the express opinion of the City Commission that any .such
wasdtutionel, invalid, inapplicable, inoperative or void portion or portions of Fltis
ord'ma ce did not induce ils passage, end thaz without the inclusion afany such portion or
por5ars of this ordinance, the City Commission would have enemed the valid
constimtioval portions thereo[ and the provisions of this ordinance are hereby declared
severable.
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OrCloanceOSl'l45
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9xaon 5. EHeetive Deh.
Thal this ordinance shall take effect immediately upon its adoptive by the City
Commission iflhe City of LOVgwood, Florida.
FIRST READIIJG:
SECOND READWG:
PASSED AND ADGPTED THIS DAY OF . AD., 2085.
ATTEST:
Seroh M. Mijares, Cily Clerk
Haywood G. Buody, h., Mayor
Approved as to form end legality for the use and reliance of the City of Longwood,
Florida, only.
Richard S. Taylor, Jr., Ciry Attorney
Clry of Loaawooa
OrNaaore OS1l0.5
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