Agenda 02/12/2013 Item #10H 2/12/2013 10.H.
EXECUTIVE SUMMARY
Recommendation that the County Manager's Ordinance be repealed in whole, that it be
replaced with the provisions specifically enumerated in Florida Statute Chapter 125 as
those provisions relate to the position of the County Administrator, and that the law be
renamed the "County Administrator" Ordinance consistent with statute. Florida law
provides that a constitutional county may administratively organize itself through the
office of a County Administrator that answers to the Board of County Commissioners, and
that where such an organizational structure is desired that the county shall adopt an
ordinance that mirrors the guiding Florida statute so as to enable the Office of the County
Administrator. As such, the current ordinance should be repealed and replaced with the
applicable provisions of F.S. Chpt. 125 to provide unambiguous definition as to the role,
powers and duties of the County Administrator. To further recommend that the Board
direct that the County Attorney prepare and present a County Administrator's Ordinance
conforming with F.S. Chpt. 125 to replace the current County Manager's Ordinance at the
first meeting in March, 2013 for Board approval to advertise and for final Board adoption
at the second meeting in March,2013.
OBJECTIVE: That the County Manager's Ordinance be repealed in whole, that it be replaced
with the provisions specifically enumerated in Florida Statute Chapter 125 as those provisions
relate to the position of the County Administrator, and that the law be renamed the "County
Administrator" Ordinance consistent with statute. Florida law provides that a constitutional
county may administratively organize itself through the office of a County Administrator that
answers to the Board of County Commissioners, and that where such an organizational structure
is desired that the county shall adopt an ordinance that mirrors the guiding Florida statute so as to
enable the Office of the County Administrator. As such, the current ordinance should be repealed
and replaced with the applicable provisions of F.S. Chpt. 125 to provide unambiguous definition
as to the role, powers and duties of the County Administrator. To further direct that the County
Attorney prepare and present the County Administrator's Ordinance conforming with F.S. Chpt.
125 to replace the current County Manager's Ordinance at the first meeting in March, 2013 for
Board approval to advertise and for final Board adoption at the second meeting in March, 2013.
CONSIDERATIONS: F.S. Chpt. l25 provides that a constitutional county can organize itself
through the office of a county administrator that answers directly to the Board of County
Commissioners. The statute clearly defines the role, duties and obligations of the county
administrator, and specifically labels the position as "administrator" rather than "manager." The
current County Manager's Ordinance fails to mirror the statute, allowing for question as to the
role, duties and obligations of the county manager, and provides for malfeasance provisions
which are not legally enforceable. To ensure conformance with state statute and to provide
unambiguous definition to the office of the county administrator, it is recommended that the
current County Manager's Ordinance be repealed and replaced with the County Administrator's
ordinance which shall conform in whole with the governing Florida statute.
FISCAL IMPACT: None
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LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is
legally sufficient, and requires majority support for approval. With respect to the sample Florida
County Administrator Ordinances, please note that the counties we typically use for comparison
(Sarasota County, Lee County, Orange County, and Palm Beach County) are charter counties,
and hence operate under a different statutory scheme. -JAK
RECOMMENDATION: That the County Manager's Ordinance be repealed in whole,that it be
replaced with the provisions specifically enumerated in Florida Statute Chapter 125 as those
provisions relate to the position of the County Administrator, and that the law be renamed the
"County Administrator" Ordinance consistent with statute. Florida law provides that a
constitutional county may administratively organize itself through the office of a County
Administrator that answers to the Board of County Commissioners, and that where such an
organizational structure is desired that the county shall adopt an ordinance that mirrors the
guiding Florida statute so as to enable the Office of the County Administrator. As such, the
current ordinance should be repealed and replaced with the applicable provisions of F.S. Chpt.
125 to provide unambiguous definition as to the role, powers and duties of the County
Administrator. To further direct that the County Attorney prepare and present the County
Administrator's Ordinance conforming with F.S. Chpt. 125 to replace the current County
Manager's Ordinance at the first meeting in March, 2013 for Board approval to advertise and for
final Board adoption at the second meeting in March, 2013.
PREPARED BY: Commissioner Georgia Hiller, Chair
Attachments -F.S. Chapter 1 25; Sample Florida County Administrator Ordinances
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COLLIER COUNTY
Board of County Commissioners
Item Number: 10.10.H.
Item Summary: Recommendation that the County Manager's Ordinance be repealed in
whole,that it be replaced with the provisions specifically enumerated in Florida Statute
Chapter 125 as those provisions relate to the position of the County Administrator, and that the
law be renamed the "County Administrator" Ordinance consistent with statute. Florida law
provides that a constitutional county may administratively organize itself through the office of a
County Administrator that answers to the Board of County Commissioners, and that where such
an organizational structure is desired that the county shall adopt an ordinance that mirrors the
guiding Florida statute so as to enable the Office of the County Administrator. As such,the
current ordinance should be repealed and replaced with the applicable provisions of F.S. Chpt.
125 to provide unambiguous definition as to the role, powers and duties of the County
Administrator. To further recommend that the Board direct that the County Attorney prepare
and present a County Administrator's Ordinance conforming with F.S. Chpt. 125 to replace the
current County Manager's Ordinance at the first meeting in March, 2013 for Board approval to
advertise and for final Board adoption at the second meeting in March, 2013. (Commissioner
Hiller)
Meeting Date: 2/12/2013
Prepared By
Name: BrockMaryJo
Title: Executive Secretary to County Manager, CMO
2/6/2013 9:08:36 AM
Submitted by
Title: Executive Secretary to County Manager, CMO
Name: BrockMaryJo
2/6/2013 9:08:38 AM
Approved By
Name: OchsLeo
Title: County Manager
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Date: 2/6/2013 12:22:01 PM
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PART III
COUNTY ADMINISTRATION
125.70 Short title.
125.71 Purpose.
125.72 Application of the part.
125.73 County administrator; appointment, qualifications,compensation.
125.74 County administrator;powers and duties.
125.70 Short title.—This part shall be known and may be cited as the"County Administration
Law of 1974."
125.71 Purpose.—It is the legislative intent that it is necessary to authorize a form of county
administration that best assures an adequate and efficient provision of services to the citizens in
this state,that provides for coordinated administration of county departments to better protect the
health,welfare, safety, and quality of life of the residents in each of the more urbanized counties,
and that places in the hands of a county administrator the multitude of details which must
necessarily arise from the operation of a county as a unit of local government and, thus, enables
the board of county commissioners to perform freely, without unnecessary interruption, its
fundamental intended purpose of making policies within the framework of law applicable to
county government in this state. It is the further legislative intent to provide a formula and
structure for the economic and efficient conduct of county affairs by making the county
administrator established by this act responsible for handling of all things necessary to
accomplish and bring to fruition the policies established by the board of county commissioners.
History.—s. 1, ch. 74-193.
125.72 Application of the part.—The provisions of this part may apply to any county in this
state which has not adopted a charter form of county government upon passage of a county
ordinance by the governing body of such county expressly adopting this part.
History.—s. 1, ch. 74-193.
125.73 County administrator; appointment,qualifications, compensation.—
(1) Each county to which this part applies shall appoint a county administrator, who shall be
the administrative head of the county and shall be responsible for the administration of all
departments of the county government which the board of county commissioners has authority to
control pursuant to this act,the general laws of Florida,or other applicable legislation.
(2) The county administrator shall be qualified by administrative and executive experience and
ability to serve as the chief administrator of the county. He or she shall be appointed by an
affirmative vote of not less than three members of the board of county commissioners and may
be removed at any time by an affirmative vote,upon notice,of not less than three members of the
board, after a hearing if such be requested by the county administrator. The administrator need
not be a resident of the county at the time of appointment, but during his or her tenure in office
shall reside within the county.
(3) The compensation of the administrator shall be fixed by the board of county commissioners
unless otherwise provided by law.
(4) The office of county administrator shall be deemed vacant if the incumbent moves his or
her residence from the county or is, by death, illness, or other casualty, unable to continue in
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office. A vacancy in the office shall be filled in the same manner as the original appointment.
The board of county commissioners may appoint an acting administrator in the case of vacancy
or temporary absence or disability until a successor has been appointed and qualified or the
administrator returns.
History.—s. 1,ch. 74-193; s. 821, ch. 95-147.
125.74 County administrator; powers and duties.—
(1) The administrator may be responsible for the administration of all departments responsible
to the board of county commissioners and for the proper administration of all affairs under the
jurisdiction of the board. To that end, the administrator may, by way of enumeration and not by
way of limitation,have the following specific powers and duties to:
(a) Administer and carry out the directives and policies of the board of county commissioners
and enforce all orders, resolutions, ordinances, and regulations of the board to assure that they
are faithfully executed.
(b) Report to the board on action taken pursuant to any directive or policy within the time set
by the board and provide an annual report to the board on the state of the county,the work of the
previous year, and any recommendations as to actions or programs the administrator deems
necessary for the improvement of the county and the welfare of its residents.
(c) Provide the board, or individual members thereof, upon request, with data or information
concerning county government and to provide advice and recommendations on county
government operations to the board.
(d) Prepare and submit to the board of county commissioners for its consideration and adoption
an annual operating budget, a capital budget, and a capital program.
(e) Establish the schedules and procedures to be followed by all county departments, offices,
and agencies in connection with the budget and supervise and administer all phases of the
budgetary process.
(f) Prepare and submit to the board after the end of each fiscal year a complete report on the
finances and administrative activities of the county for the preceding year and submit his or her
recommendations.
(g) Supervise the care and custody of all county property.
(h) Recommend to the board a current position classification and pay plan for all positions in
county service.
(i) Develop, install, and maintain centralized budgeting, personnel, legal, and purchasing
procedures.
(j) Organize the work of county departments, subject to an administrative code developed by
the administrator and adopted by the board, and review the departments, administration, and
operation of the county and make recommendations pertaining thereto for reorganization by the
board.
(k) Select, employ, and supervise all personnel and fill all vacancies, positions, or employment
under the jurisdiction of the board. However, the employment of all department heads shall
require confirmation by the board of county commissioners.
(1) Suspend, discharge, or remove any employee under the jurisdiction of the board pursuant to
procedures adopted by the board.
(m) Negotiate leases, contracts, and other agreements, including consultant services, for the
county, subject to approval of the board, and make recommendations concerning the nature and
location of county improvements.
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(n) See that all terms and conditions in all leases, contracts, and agreements are performed and
notify the board of any noted violation thereof.
(o) Order, upon advising the board, any agency under the administrator's jurisdiction as
specified in the administrative code to undertake any task for any other agency on a temporary
basis if he or she deems it necessary for the proper and efficient administration of the county
government to do so.
(p) Attend all meetings of the board with authority to participate in the discussion of any
matter.
(q) Perform such other duties as may be required by the board of county commissioners.
(2) It is the intent of the Legislature to grant to the county administrator only those powers and
duties which are administrative or ministerial in nature and not to delegate any governmental
power imbued in the board of county commissioners as the governing body of the county
pursuant to s. 1(e), Art. VIII of the State Constitution. To that end, the above specifically
enumerated powers are to be construed as administrative in nature, and in any exercise of
governmental power the administrator shall only be performing the duty of advising the board of
county commissioners in its role as the policy-setting governing body of the county.
History.—s. 1,ch. 74-193; s. 822,ch. 95-147.
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Escambia County, Florida,Code of Ordinances>> PART I-CODE OF ORDINANCES >> Chapter 2-ADMINISTRATION
» ARTICLE III.-OFFICERS AND EMPLOYEES» DIVISION 2.-COUNTY ADMINISTRATOR »
DIVISION 2. -COUNTY ADMINISTRATOR
Sec.2-81.-Office created.
Sec.2-82.-Appointment,qualifications.compensation.etc.
Sec.2-83.-General function.
Sec.2-84.-Powers and duties.
Secs.2-85-2-100.-Reserved.
Sec. 2-81. - Office created.
Pursuant to F.S. ch. 125, pt. III, there is hereby created the office of county administrator.
(Code 1985, § 1-10-2)
Sec. 2-82. -Appointment, qualifications, compensation, etc.
(a) The county administrator shall be appointed by an affirmative vote of not less than three members of the
board of county commissioners and may be removed at any time by an affirmative vote, upon notice, of not
less than three members of the board of county commissioners after a hearing if such be requested by the
county administrator. The administrator need not be a resident of the county at the time of his appointment,
but during his tenure in office he shall reside within the county. No county commissioner shall be employed
as administrator during the term which he shall have been elected or within one year of expiration of his term
as a commissioner.
(b) The county administrator shall be qualified by administrative and executive experience and ability to serve
as a chief administrator of the county and shall have had seven years of responsible experience in local
government administration at the level of department head or assistant county administrator, or any
equivalent combination of training and experience.
(c) The office of the county administrator shall be deemed vacant if the incumbent moves his residence from the
county; or is, by death, illness or other casualty unable to continue in office.A vacancy in the office of county
administrator shall be filled in the same manner as the original appointment. The board of county
commissioners may appoint an acting administrator in the case of vacancy or temporary absence or
disability until a successor has been appointed and qualified or the administrator returns. If the board of
county commissioners fails to make such an appointment or if there is a vacancy in the office of county
administrator the board of county commissioners shall perform the duties of the county administrator during
his temporary absence, disability or during a vacancy in the office.
(d) The compensation of the county administrator shall be fixed by the board of county commissioners unless
otherwise provided by law.
(Code 1985, § 1-10-3;Ord. No. 2001-47, § 1, 9-20-2001; Ord. No. 2002-20. § 1, 6-6-2002; Ord.No. 2007-54, §1, 9-20-2007)
State law reference—Appointment, qualifications and compensation of county administrator,F.S. § 125.73.
Sec. 2-83. - General function.
The county administrator shall be the administrative head of the county and shall be responsible for the
administration of all departments of the county government which the board of county commissioners has authority
to control pursuant to all applicable legislation.
(Code 1985. § 1-10-4)
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State law reference—Similar provisions, F.S. § 125.73(1).
Sec. 2-84. - Powers and duties.
The county administrator shall be responsible for the administration of all departments responsible to the
board of county commissioners and for the proper administration of all affairs as directed by the board.To that end,
the county administrator may, by way of enumeration and not by way of limitation, have the following specific
powers and duties to:
(1) Administer and carry out the directives and policies of the board of county commissioners and to
enforce all orders, resolutions, ordinances and regulations of the board to assure that they are
faithfully executed;
(2) Report to the board of county commissioners on action taken pursuant to any directive or policy within
the time set by the board of county commissioners and provide an annual report to the board on the
state of the county, the work of the previous year and any recommendations as to actions or
programs the county administrator deems necessary for the improvement of the county and the •
welfare of its residents;
(3) Provide the board of county commissioners, or individual members thereof, upon request, with data
or information concerning county government and to provide advice and recommendations on county
government operations to the board of county commissioners;
(4) Prepare and submit to the board of county commissioners for its consideration and adoption an
annual operating budget, a capital budget and a capital program, by July 15
(5) Establish the schedules and procedures to be followed by all county departments, offices and
agencies in connection with the budget and supervise and administer all phases of the budgetary
process;
(6) Prepare and submit to the board of county commissioners after the end of each fiscal year a
complete report on the finances and administrative activities of the county for the preceding year and
submit his recommendations;
(7) Supervise the care and custody of all county property;
(8) Organize the work of county departments subject to an administrative plan developed by the
administrator and adopted by the board of county commissioners and review the departments,
administration and operation of the county and make recommendations pertaining thereto for
reorganization by the board of county commissioners;
(9) Select, employ and supervise all personnel, and fill all vacancies, positions or employment under the
jurisdiction of the board of county commissioners; provided, however, the employment of all
department heads shall require confirmation by the board of county commissioners;
(10) Suspend, discharge or remove any employee under the jurisdiction of the county administrator,
pursuant to procedures adopted by the civil service board, where applicable;
(11) See that all terms and conditions in all leases, contracts and agreements are performed and notify the
board of county commissioners of any noted violation thereof;
(12) Order, upon advising the board of county commissioners, any agency under the county
administrator's jurisdiction to undertake any task for any other agency on a temporary basis if the
county administrator deems it necessary for the proper and efficient administration of the county
government to do so;
(13) Attend all meetings of the board of county commissioners and is authorized to participate in the
discussion of any matter;
(14) Perform such other duties as may be required of the county administrator by the board of county
commissioners;
(15) The administrator shall annually present to the board a report on the administration of the county
which shall include an organizational chart;
(16)
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Negotiate leases, contracts and other agreements, including consultant services,for the county,
subject to approval of the board, and make recommendations concerning the nature and location of
county improvements.
(Code 1985, § 1-10-5)
State law reference—Similar provisions, F.S. §125.74.
Secs. 2-85-2-100. - Reserved.
FOOTNOTE(S):
(3)State Law reference—Local Administrator Law of 1974, F.S. § 125.70 et seq. (Back)
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elands County, Florida, Code of Ordinances>> -CODE OF ORDINANCES>> Chapter 2-ADMINISTRATION >>
,'ICLE IV. -COUNTY ADMINISTRATOR»
ARTICLE IV. - COUNTY ADMINISTRATOR ''
Sec.2-51.-Adoption of F.S. & 125.70 et seq.
Sec.2-52.-Appointment.
Sec. 2-53.-Qualifications.
Sec.2-54.-Compensation.
Sec.2-55.-Vacancies.
Sec. 2-56.-Powers and duties—Generally.
Sec. 2-57.-Same—Intent,
Secs.2-58-2-70.-Reserved.
Sec. 2-51. - Adoption of F.S. § 125.70 et seq.
The provisions of F.S. § 125.70 et seq. are expressly adopted.
(Ord. No. 92-37, § 1)
Sec. 2-52. -Appointment.
The board of county commissioners shall have the authority to appoint a county administrator who shall be
the administrative head of the county and shall be responsible for the administration of all departments of the
county government which the board of county commissioners has authority to control pursuant to this article,the
general laws of Florida and other applicable legislation.
(Ord. No. 91-06, § 1;Ord.No. 92-37. § 1)
Sec. 2-53. -Qualifications.
The county administrator shall be qualified by administrative and executive experience and ability to serve
as the chief administrator of the county. The administrator shall be appointed by an affirmative vote of not less than
three members of the board of county commissioners and may be removed at any time by an affirmative vote,
upon notice, of not less than three members of the board of county commissioners after a hearing, if such be
requested by the county administrator. The administrator need not be a resident of the county at the time of
appointment but, during his or her tenure in office, the administrator shall reside within the county.
(Ord. No. 91-06, §2; Ord. No. 92-37, § 1: Ord. No. 04-05-4, § 1. 11-23-04:Ord. No. 05-06-40, § 1)
Sec. 2-54. - Compensation.
•
The compensation of the administrator shall be fixed by the board of county commissioners unless
otherwise provided by law.
(Ord. No. 91-06, §3;Ord.No. 92-37,§ 1)
ec. 2-55. -Vacancies.
The office of county administrator shall be deemed vacant if the incumbent changes residence from within
the county, or is, by death, illness or other casualty, unable to continue in office.A vacancy in the office shall be •
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filled in the same manner as the original appointment. The board of county commissioners may appoint an acting
administrator in the case of a vacancy or temporary absence or disability until a successor has been appointed and
qualified or the administrator returns.
(Ord. No. 91-06, §4;Ord. No. 92-37. § 1)
Sec. 2-56. - Powers and duties—Generally.
The administrator shall be responsible for the administration of all departments responsible to the board of
county commissioners and for the proper administration of all affairs under the jurisdiction of the board of county
commissioners.To that end,the administrator shall, by way of enumeration and not by way of limitation, have the
following specific powers and duties to:
(1) Administer and carry out the directives and policies of the board of county commissioners and to
enforce all orders, resolutions, ordinances and regulations of the board of county commissioners to
ensure that they are faithfully executed.
(2) Report to the board of county commissioners on action taken pursuant to any directive or policy within
the time set by the board of county commissioners and provide an annual report to the board of
county commissioners on the state of the county, the work of the previous year and any
recommendations as to actions or programs the administrator deems necessary for the improvement
of the county and the welfare of its residents.
(3) Provide the board of county commissioners or individual members thereof, upon request,with data or .
information concerning county government and to provide advice and recommendations on county
government operations to the board of county commissioners.
(4) Prepare and submit to the board of county commissioners for its consideration and adoption an
annual operating budget, a capital budget and a capital program.
(5) Establish the schedules and procedures to be followed by all county departments, offices and
agencies in connection with the budget, and supervise and administer all phases of the budgetary
process.
(6) Prepare and submit to the board of county commissioners, after the end of each fiscal year, a
complete report on the finances and administrative activities of the county for the preceding year and
submit recommendations.
(7) Supervise the care and custody of all county property.
(8) Recommend to the board of county commissioners a current position, classification and pay plan for
all positions in county service.
(9) Develop, install and maintain centralized budgeting, personnel, legal and purchasing procedures.
(10) Organize the work of the county departments subject to an administrative code developed by the
administrator and adopted by the board of county commissioners, and review the departments,
administration and operation of the county and make recommendations pertaining thereto for
reorganizing by the board of county commissioners.
(11) Select, employ and supervise all personnel and fill all vacancies, positions or employment under the
jurisdiction of the board of county commissioners except attorney for the board of county
commissioners; provided, however, the employment of all division and department heads shall
require confirmation by the board of county commissioners.
(12) Suspend, discharge or remove any employee under the jurisdiction of the board of county
commissioners pursuant to procedures adopted by the board of county commissioners.
(13) Negotiate leases, contracts and other agreements, including consultant services,for the county,
subject to the approval of the board of county commissioners, and make recommendations
concerning the nature and location of county:improvements.
(14) See that all terms and conditions in all leases, contracts and agreements are performed and notify the
board of county commissioners of any noted violation thereof.
(15)
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Order, upon advising the board of county commissioners, any agency under the administrator's
jurisdiction as specified in the administrative code,to undertake any tasks for any other agency on a
temporary basis if the administrator deems it necessary for the proper and efficient administration of
the county government to do so.
(16) Attend all meetings of the board of county commissioners and be authorized to participate in the
discussion of any matter.
(17) Sign nonbinding grant applications on behalf of the county.
(18) Perform such other duties as may be required of the administrator by the board of county
commissioners.
(Ord. No. 91-06, §5:Ord. No. 92-37,§1;Ord. No. 04-05-4, §2;Ord. No. 05-06-40,§2)
Sec. 2-57. - Same—Intent.
it is the intent of the board of county commissioners to grant to the county administrator only those powers
and duties which are administrative or ministerial in nature, and not to delegate any governmental power imbued in
the board of county commissioners as the governing body of the county pursuant to Article VIII, section 1(e)of the
Constitution of the State of Florida. To that end, the above specifically enumerated powers are to be construed as
administrative in nature and in any exercise of governmental power, the administrator shall only be performing the
duty of advising the board of county commissioners in its role as the policy setting governing body of the county.
(Ord. No. 91-06, §6;Ord.No. 92-37, §1)
Secs. 2-58-2-70. - Reserved.
FOOTNOTE(S):
(3)Editor's note—Ordinance No. 91-06, adopted April 23, 1991, did not specifically amend the Code;hence, inclusion of§§1-6 as
art. IV was at the discretion of the editor (Back)
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Section 101.05. -The county administrator.
1. The county administrator shall be qualified by education, professional public service, and administrative and
managerial ability. The administrator shall be responsible for the administration of all departments of the
county except constitutional officers and their employees and the county attorney and staff. The
administrator shall also be responsible for the proper administration of all affairs under the jurisdiction of the
county.The administrator's authority and duty shall include, but not be limited to, the following powers and
duties for areas under his jurisdiction:
a. Formulate and initiate overall policies for presentation to the board of county commissioners.
b. Administer and carry out the directives and policies of the board and enforce all orders, resolutions,
ordinances, and regulations of the board in a fair, nondiscriminatory manner.
C. Provide the board, upon request,with data or information concerning county government and to
provide advice and recommendations on county government to the board.
d. Supervise the care and custody of all county property.
e. Develop and implement a position classification and pay plan for all positions in county service.
f. Develop, install, administer, and maintain personnel and purchasing procedures.
9. Organize the work of county departments and determine the organization of same.
h. Select, employ, and supervise all personnel and fill all vacancies or positions.
i Suspend, discharge, or remove any employee subject to applicable personnel rules.
j Negotiate leases, contracts, and other agreements, including consultant services, for the county
subject to the approval of the board and make recommendations concerning the nature and location
of county improvements.
k. See that all terms and conditions and all leases, contracts, and agreements are performed and notify
the board of any noted violation thereof.
I Attend meetings of the board with authority to participate in the discussions of any matter.
m. Establish county and employee incentive functions and to expend county funds for such purposes.
This authorization shall include the right to spend money for employee awards, payments of the cost
of employee functions, incentive programs, cash awards for incentive programs, supplying of
materials, supplies, uniforms for county athletic teams, sick leave bonuses, retirement dinners or
awards, and longevity awards.
n. Prepare and submit to the commission the annual county budget and capital program which shall
include in separate sections the budget prepared and presented by the elected county officers for the
annual operations and capital programs of their offices. The administrator shall execute that part of
the budget placed in the administrator's charge in accordance with appropriations and ordinances
adopted by the commission.
0. Regularly examine the accounts, records, and operations of every county department, office or
agency under his direction. The administrator shall make regular monthly reports to the commission
on county affairs, keep the commission fully advised of the financial condition of the county, and
make recommendations on county affairs as the administrator deems desirable.
P. Represent the county and its interests with other units and levels of government.
q. Perform any other duties as may be required by the board.
r. Prepare the agenda for regular or special meetings of the commission and any workshop sessions.
S. By letter filed with the commission, designate a qualified county administrative officer or county
employee to exercise the powers and perform the duties of the administrator during the
administrator's temporary absence or disability. Notwithstanding such designation, the commission
may by resolution designate a qualified person to perform the duties of the administrator during the
absence, disability or suspension of the administrator or during any vacancy in the office of
administration.
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t. It is the intent of the commission to delegate no governmental power of the board of county
commissioners as the governing body of the county pursuant to section 1(e), article VIII of the state
constitution.
U. The county administrator, or his designee, after proper coordination with interested entities and
review by the county attorney, may execute on behalf of the county releases of side or rear lot
easements that are unnecessary because of the joining of lots to form a building parcel. If the
application for release of easement is denied, the applicant may appeal the decision to the board of
county commissioners.
(Ord. No. 90-18,§ 1, 9-18-90;Ord. No. 93-34,§ 1. 11-9-93;Ord. No. 2012-034,§2, 10-2-12)
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Marion County, Florida, Code of Ordinances>>-COUNTY CODE>> Chapter 2 -ADMINISTRATION>>ARTICLE III. -
OFFICERS AND EMPLOYEES>> DIVISION 2.-COUNTY ADMINISTRATOR>>
DIVISION 2. - COUNTY ADMINISTRATOR 1.41
Sec.2-46.- Position created; nature of position;term of office.
Sec. 2-47.-Appointment,qualifications, and compensation.
Sec.2-48.-Powers and duties.
Sec. 2-49.-Bond.
Sec. 2-46. - Position created; nature of position; term of office.
There is hereby created the position of county administrator for the county. The county administrator shall be
an officer of the board of county commissioners and shall exercise only those powers, duties and responsibilities as
specifically conferred by the board of county commissioners. The term of office of the county administrator shall be
at the pleasure of the board of county commissioners. He shall be appointed by an affirmative vote of not less than
three (3) members of the board of county commissioners and may be removed at any time by an affirmative vote,
upon notice, of not less than three (3) members of the board, after a hearing if such be requested by the county
administrator.
(Ord. No. 83-4, §1. 3-1-83)
Sec. 2-47. -Appointment, qualifications, and compensation.
The county administrator shall be appointed solely on the basis of his executive and administrative
qualifications with special reference to his actual experience in, and knowledge of,the duties of office as herein
prescribed. At the time of his appointment,the county administrator need not be a resident of the county or the
state. However, during his tenure of office he shall reside within the county.The compensation of the county
administrator shall be fixed by the board of county commissioners by resolution after discussion of the same as an
item on the board's agenda.
(Ord. No. 83-4. §11, 3-1-83)
Sec. 2-48. - Powers and duties.
The county administrator shall by way of enumeration and not by way of limitation have the following specific
powers and duties:
(1) To oversee and supervise as directed by and on behalf of the board of county commissioners those
departments, agencies, offices, functions and activities under the jurisdiction of the board.
(2) To implement and execute the policies and directives issued to the county administrator by the board
of county commissioners; however, the county administrator shall not have the authority to establish
county policy which is hereby declared to be the exclusive jurisdiction of the board of county
commissioners as pursuant to the Constitution of the state and any general or special laws enacted
thereunder.
(3) To provide the board of county commissioners or individual members thereof, upon request,with data
or information concerning county government and to provide advice and recommendations for county
government operations to the board of county commissioners.
(4) To coordinate under the direction of the board of county commissioners leases, contracts and other
agreements for the county and to see that all terms and conditions of same are faithfully executed
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and performed and to notify the board of county commissioners of violations thereof and make
recommendations concerning the nature and location of county improvements.
(5) To report to the board of county commissioners on action taken pursuant to any directive or policy
within the time set by the board of county commissioners,to report on the state of the county, the
work of previous years and any recommendations as to actions or programs he deems necessary for
the improvement of the county and the welfare of its residents.
(6) To represent the county when directed by the board of county commissioners with other officials or
agencies of government.
(7) To organize the work of county departments, subject to an administrative code developed by the
county administrator as adopted by the board of county commissioners and review the departments,
administration and operation of the county, and make recommendations pertaining thereto for
reorganization of the board of county commissioners.
(8) To assist the board of county commissioners to prescribe, develop and implement standards of
administrative management and operating practices and procedures to be followed and adhered to by
all departments and agencies under board control.
(9) To attend all board meetings, participating in discussions and to make special studies and reports as
requested by the board of county commissioners.
(10) To submit recommendations on budget appropriations after extensive evaluation of department
heads' proposed budgets, for submission to the board of county commissioners by the office of the
clerk of the circuit court for inclusion in the annual county budget for the board's consideration and
adoption. The county administrator shall have the right to require from such departments such
information as he deems necessary and proper to carry out this duty.
(11) To maintain centralized personnel and purchasing procedures.
(12) To supervise all personnel, employ all personnel and fill all vacancies in positions of employment
under the jurisdiction of the board of county commissioners, except the county attorney, assistant
county attorneys, and support staff of the county attorney's office.
(13) To suspend, discharge or remove any employee under the jurisdiction of the board pursuant to the
county personnel rules, except the county attorney, assistant county attorneys, and support staff of
the county attorney's office.
(14) To order,upon advising the board of county commissioners, any agency under the jurisdiction of the
county administrator as specified in the county administrative code to undertake any task for any
other agency on a temporary basis if he deems it necessary for the proper and efficient administration
of the county government to do so.
(15) To supervise and administer the county's liability insurance and risk management programs; to make
recommendations regarding the purchase of insurance, both primary and excess, and self-insurance,
and, subject to the limitations and procedures specified in section 2-2, to participate in the settlement
and compromise of claims against the county.
(16) To perform other duties and responsibilities as directed by the board of county commissioners after
discussion as an item on the agenda of the board.
(Ord. No. 83-4, §III. 3-1-83;Ord.No. 88-32, §1, 8-2-88;Ord.No. 92-49, § 1, 10-13-92;Ord. No. 12-19, § 1, 8-21-2012)
Sec. 2-49. - Bond.
The county administrator shall give to the county a surety bond in the amount established for county
commissioners by section 137.04, Florida Statutes, as may be amended from time to time, for faithful performance
of his duties as such officer. The bond is to be filed in the office of the clerk of the circuit court.
(Ord. No. 83-4, §IV, 3-1-83;Ord. No. 83-28, § 1, 11-29-83)
Cross reference—Bonds of county officers generally. §2-38.
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FOOTNOTE(S):
(4)State Law reference—County Administration Law of 1974, F.S. § 125.70 et seq. (Back)
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.atee County, Florida, Code of Ordinances>> PART II-MANATEE COUNTY CODE OF ORDINANCES>> Chapter 2-
ADMINISTRATION»ARTICLE II. -COUNTY ADMINISTRATOR>>
ARTICLE II. -COUNTY ADMINISTRATOR '
Sec.2-2-21.-Office created:purpose.
Sec. 2-2-22.-General functions:qualifications:appointment:compensation.
Sec.2-2-23.- Powers and duties.
Sec.2-2-23.1. -Authority for county administrator to regulate speed and traffic control devices in construction areas and locations with
special or emergency conditions.
Sec.2-2-24.-Funding.
Sec.2-2-25.-Citations.
Secs.2-2-26-2-2-29.-Reserved.
Sec. 2-2-21. -Office created; purpose.
This article is enacted pursuant to F.S. §§ 125.71, 125.72, 125.73, and 125.74,to promote the efficient
operation of the government of Manatee County, Florida. The office of county administrator is hereby created to
assist the members of the board of county commissioners to more efficiently fulfill the purposes of their elected
office and to free said commissioners from those daily detailed ministerial tasks which necessarily arise from the •
operation of the county as a unit of government.
(Ord. No. 91-61,§ 1. 6-4-91)
Sec. 2-2-22. - General functions; qualifications; appointment; compensation.
(a) The county administrator shall be the administrative head of the county government and shall be responsible
for the administration of departments and offices of the county government established by the board of
county commissioners pursuant to this article and the laws of Florida, and by resolution placed under the
control of the county administrator.
(b) The county administrator shall be qualified by administrative and executive experience and ability to serve
as a chief administrator for the county and shall meet one or more of the following requirements:
(1) Graduation from an accredited college or university with a master's of public administration (M.P.A.)
or a master's of business administration (M.B.A.) or an equivalent degree in a related field and at
least two (2)years recent appropriate senior management local or regional government experience;
or
(2) Graduation from an accredited college or university with a master's degree in public or business
administration (M.A. or M.S.)or equivalent degree and at least three (3)years recent appropriate
senior management local or regional government experience acquired subsequent to the completion
of said master's degree; or
(3) Graduation from an accredited college or university with a bachelor's degree preferably in public or
business administration (B.A., B.S. or B.B.A.)and at least seven (7)years recent appropriate senior
management local or regional government experience.
(4) Graduation from an accredited college or university with a bachelor's degree and recent appropriate
senior management local or regional government experience as may be established by subsequent
action of a majority of the board of county commissioners.
(c) No county commissioner shall be employed as county administrator during the term to which he shall have
been elected or within two(2)years of expiration of his term as county commissioner.
(d)
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The county administrator need not be a resident of the county at the time of his appointment, but during his
tenure in office he shall reside within the county.
(e) The compensation of the county administrator shall be fixed by the board of county commissioners unless
otherwise provided by law.
(f) The county administrator shall be appointed by an affirmative vote of not less than four(4) members of the
board of county commissioners.
(9) The office of the county administrator shall be deemed vacant if the incumbent is removed, resigns, moves
his residence from the county or is, by death, illness or other casualty, unable to continue in office.A
vacancy in the office shall be filled in the same manner as the original appointment.The board of county
commissioners may appoint an acting county administrator in the case of vacancy or temporary absence or
disability until a successor has been appointed and qualified or the administrator returns.
(h) The county administrator may be removed, upon public notice given seven (7) days in advance, by an
affirmative vote of not less than four(4)members of the board, and in accordance with such additional terms
and conditions as may be established by written contract with the board of county commissioners.
(i) A vacancy in the position of county administrator shall be filled only after the position is advertised to the
public in a manner to be determined by the board of county commissioners.
(Ord. No. 91-61, §2, 6-4-91;Ord.No. 92-49, § 1, 6-2-92)
Sec. 2-2-23. - Powers and duties.
(a) By contract the board of county commissioners shall name the individual employed as county administrator,
set out the conditions of said employment, and, by reference, specify which of the powers enumerated in
this article and any implementing resolutions duly adopted by the board of county commissioners, the county
administrator shall exercise. Said resolutions may provide that the county administrator shall:
(1) Be responsible for the administration of any or all departments or offices responsible to the board of
county commissioners and for the proper administration of all affairs under the jurisdiction of the oevik
board.
(2) Administer and carry out the directives and policies of the board of county commissioners and
enforce all orders, resolutions, ordinances, and regulations of the board to assure that they are
faithfully executed.
(3) Report to the board on action taken pursuant to any directive or policy within the time set by the board
and provide an annual report to the board on the state of the county,the work of the previous year,
and any recommendations as to actions or programs the county administrator deems necessary for
the improvement of the county and the welfare of its residents.
(4) Provide the board, or individual members thereof, upon request,with data or information concerning
county government and provide advice and recommendations on county government operations to
the board.
(5) Prepare and submit to the board of county commissioners for its consideration and adoption an
annual operating budget, a capital budget, and a capital program.
(6) Establish the schedules and procedures to be followed by all county departments, offices, and
agencies in connection with the budget and supervise and administer all phases of the budgetary
process.
(7) Prepare and submit to the board after the end of each fiscal year a complete report on the finances
and administrative activities of the county for the preceding year and submit recommendations.
(8) Supervise the care and custody of all county property.
(9) Recommend to the board a current position classification and pay plan for all positions in county
service.
(10) Develop, install, and maintain centralized budgeting, personnel, legal, and purchasing procedures.
(11) Organize the work of county departments and offices, subject to an administrative code developed by
the administrator and adopted by the board, and review the departments, administration, and
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operation of the county and make recommendations pertaining thereto for reorganization by the
board.
(12) Select, employ and supervise any or all personnel and fill all vacancies, positions, or employment
under the jurisdiction of the board, provided, however,the employment of all department and office
heads shall require confirmation by the board of county commissioners which confirmation shall be
required before any offer of employment is binding upon the county.
(13) Suspend, discharge, or remove any employee under the jurisdiction of the administrator pursuant to
procedures adopted by the board.
(14) Negotiate leases, contracts, and other agreements, including consultant services, for the county,
subject to approval of the board, and make recommendations concerning the nature and location of
county improvements.
(15) See that all terms and conditions in all leases, contracts, and agreements are performed and notify
the board of any noted violation thereof.
(16) Order, upon advising the board, any agency under his jurisdiction as specified in the administrative
code to undertake any task for any other agency on a temporary basis if he deems it necessary for
the proper and efficient administration of the county government to do so.
(17) Attend all meetings of the board with authority to participate in the discussion of any matter.
(18) Perform such other duties as may be required of him by the board of county commissioners.
(b) The county administrator is granted only those powers and duties which are administrative in nature and not
delegated any governmental power imbued in the board of county commissioners pursuant to Article VIII,
Section 1(e), of the Florida Constitution. To that end, all powers of the county administrator are to be
construed as administrative in nature, and in any exercise of governmental power the county administrator
shall only be performing the duty of advising the board of county commissioners in its role as the policy-
setting governing body of the county.
(c) The services, functions, operations and personnel of county government concerning which the county
administrator has responsibility and authority by virtue of Part Ill of Chapter 125, Florida Statutes, the
Manatee County Code of Ordinances, or any other applicable law, and resolutions adopted pursuant
thereto, shall be divided among such offices, departments, divisions, and other governmental units as the •
county may from time-to-time designate and create.
(d) The county administrator shall develop, maintain and periodically review the functions of the various offices,
departments, divisions, and other governmental units; and shall appoint such assistant administrators,
department directors and other managerial personnel as deemed appropriate for effective and efficient
operations.
(e) The appointment of any assistant or deputy administrator or department director shall, as required by Florida
Statutes Section 125.74(1)(k), be subject to confirmation by the board of county commissioners, and such
persons, along with all employees holding positions generally classified as deputy or assistant director,
division manager, division chief, or trusted aide or assistant, regardless of exact position title, shall serve at
the will and pleasure of the county administrator.
(Ord. No. 91-61, §3. 6-4-91:Ord. No. 11-11, §2. 1-11-11)
Sec. 2-2-23.1. -Authority for county administrator to regulate speed and traffic control devices
in construction areas and locations with special or emergency conditions.
(a) Authority and purpose. This section is enacted pursuant to Florida Statutes Sections 125.01, 316.008 and
316.189, for the purpose of delegating the authority of the board of county commissioners to the county
administrator, or his designee, acting upon the findings of a traffic engineering analysis,to take the following
actions: (a)within designated construction zones and (b) in areas where emergencies or special conditions
exist:
(1) Temporarily alter the posted speed limits.
(2) Temporarily modify or alter the normal traffic flow pattern through the placement of signals, striping,
flashing beacons, signs, barricades, cones, or other proper traffic control devices, including, but not •
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limited to, erecting or removing stop or yield signs, altering or discontinuing the operation of traffic
signals, or restricting travel to one direction only.
(3) Implement temporary detour routes over other roadways.
(4) Temporarily restrict or prohibit parking within the designated construction zone.
(5) Temporarily restrict or prohibit the travel of certain classes of vehicles or pedestrians within a
designated construction zone or when special or hazardous conditions exist on a roadway.
(6) Other temporary measures where necessary to implement the intent of this section.
All traffic control devices installed or placed within a designated construction zone shall conform to the
Uniform System of Traffic Control Devices adopted by the Florida Department of Transportation pursuant to Florida
Statutes Section 316.0745.
(b) Delegation as to temporary conditions. The county administrator, or his designee, is hereupon granted the
authority to take such temporary actions as stated in subsection (a) as may be necessary to cover special
traffic conditions in construction areas or emergencies. Notwithstanding the foregoing, the board reserves
the power to modify any such temporary act of the county administrator, or his designee, by further board
action at any public meeting of the board.
(C) All other traffic-control conditions. In non-temporary situations,the county administrator or his designee shall
comply with the requirements of the Uniform System of Traffic Control Devices adopted by the Florida DOT
pursuant to F.S. § 316.0745, as to the placement and removal of all traffic signals, devices, controls, signs
or other measures. Traffic plans for construction of new developments, subdivisions or roads, shall be
designed and sealed by a duly licensed engineer and approved by the county administrator or his designee.
Provided, however, pursuant to F.S. §§ 125.01, 316.008 and 316.189, the board of county commissioners
reserves the right and authority to enact all regulations and direct placement and removal of all traffic
signals, devices, controls, signs or other measures found by the board to be in the interest of the public
health, safety,welfare or morals.
(Ord. No. 99-66, §§ 1-3, 11-9-99) 044',,'
Sec. 2-2-24. - Funding. •
The board shall appropriate funds as necessary from the general fund of the county to employ the county
administrator and his staff and provide necessary operating expenses. Said appropriation shall be subject to
periodic review and adjustment.
(Ord. No. 91-61, §4, 6-4-91)
Sec. 2-2-25. - Citations.
(a) As used in this section, "code enforcement officer" means any designated employee or agent of Manatee
County whose duty it is to enforce codes and ordinances enacted by the county.
(b) The county administrator or his or her designee may designate certain employees or agents of the county as
code enforcement officers. The training and qualifications of the employees or agents for such designation
shall be determined by the county administrator or his or her designee. Employees or agents who may be
designated as code enforcement officers may include, but are not limited to, code inspectors or law
enforcement officers. Designation as a code enforcement officer does not provide the code enforcement
officer with the power of arrest or subject the code enforcement officer to the provisions of F.S. §§943.085
through 943.255.
(c) A code enforcement officer is authorized to issue a citation to a person when, based upon personal
investigation, the officer has reasonable cause to believe that the person has committed a civil infraction in
violation of a duly enacted code or ordinance and that the county court will hear the charge.
(d) Prior to issuing a citation, a code enforcement officer shall provide notice to the person that the person has
committed a violation of a code or ordinance and shall establish a reasonable time period within which the
person must correct the violation. Such time period shall be no more than thirty(30)days. If, upon personal
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investigation,a code enforcement officer finds that the person has not corrected the violation within the time
period, a code enforcement officer may issue a citation to the person who has committed the violation. A
code enforcement officer does not have to provide the person with a reasonable time period to correct the
violation prior to issuing a citation and may immediately issue a citation if a repeat violation is found or if the
code enforcement officer has reason to believe that the violation presents a serious threat to the public
health, safety, or welfare, or if the violation is irreparable or irreversible.
(e) A citation issued by a code enforcement officer shall be in a form prescribed by the county administrator or
his or her designee and shall contain:
(1) The date and time of issuance.
(2) The name and address of the person to whom the citation is issued.
(3) The date and time the civil infraction was committed.
(4) The facts constituting reasonable cause.
(5) The number or section of the code or ordinance violated and a description of the violation.
(6) The name and authority of the code enforcement officer.
(7) The procedure for the person to follow in order to pay the civil penalty or to contest the citation.
(8) The applicable civil penalty if the person elects to contest the citation.
(9) The applicable civil penalty if the person elects not to contest the citation.
(10) A conspicuous statement that if the person fails to pay the civil penalty within the time allowed, or fails
to appear in court to contest the citation, the person shall be deemed to have waived his or her right
to contest the citation and that, in such case,judgment may be entered against the person for an
amount up to the maximum civil penalty.
(f) After issuing a citation to an alleged violator, a code enforcement officer shall deposit the original citation
and one copy of the citation with the county court through the clerk of the circuit court.
(9) Pursuant to F.S. § 162.21,this section hereby provides:
(1) A violation of a code or an ordinance is a civil infraction.
(2) A maximum civil penalty shall be five hundred dollars($500.00).
(3) A civil penalty shall be less than the maximum civil penalty if the person who has committed the civil
infraction does not contest the citation. Unless otherwise provided by specific ordinance,the civil
penalties to be assessed by code enforcement officers shall be as follows:
a. First violation:One hundred dollars ($100.00).
b. Repeat violation:Two hundred fifty dollars ($250.00).
(4) A citation may be issued by a code enforcement officer who has reasonable cause to believe that a
person has committed an act in violation of a code or an ordinance.
(5) If contested, a citation shall be contested in county court.
(6) Any person cited for a violation shall pay the civil penalty or request a hearing to contest the citation
within the time and in the manner specified on the citation. If the last day for paying the civil penalty
falls on a weekend, holiday, or other day when the offices of the clerk of the circuit court are closed,
the civil penalty must be paid by the close of business on the next day the offices are open.
(7) If the person cited pays the civil penalty, he or she shall be deemed to have committed the civil
infraction and to have waived his or her right to a non jury trial on the issue of the commission of the
violation. Any person electing to contest the citation shall, on or before the date by which the civil
penalty must be paid and in the manner specified on the citation, request that the clerk of the circuit
court set a hearing in county court.
(8) If the person cited fails to pay the civil penalty within the time allowed, or fails to appear in court to
contest the citation,the person shall be deemed to have waived his or her right to contest the citation.
In such case,judgment may be entered against the person for an amount up to the maximum civil
penalty and court fees and costs.
(9) Court fees and costs shall be assessed in addition to the civil penalty against any person who
contests a citation and is found in violation.
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(h) Pursuant to F.S. § 162.21(6), any person who willfully refuses to sign and accept a citation issued by a code
enforcement officer shall be guilty of a misdemeanor of the second degree, punishable as provided in F.S. §
775.082 or 775.083.
(I) Pursuant to F.S. § 162.21(7), the provisions of this section shall not apply to the enforcement pursuant to
F.S. §§ 553.79 and 553.80 of the Florida Building Code adopted pursuant to F.S. § 553.73, as applied to
construction, provided that a building permit is either not required or has been issued by the county.
(1) The provisions of this section are additional and supplemental means of enforcing county codes or
ordinances and may be used for the enforcement of any code or ordinance, or for the enforcement of all
codes and ordinances, including the Manatee County Land Development Code. Nothing contained in this
section shall prohibit Manatee County from enforcing county codes or ordinances by any other means.
(Ord. No. 06-48, §§1-10, 6-20-06)
Secs. 2-2-26-2-2-29. - Reserved.
FOOTNOTE(S):
(36)Editor's note—Ord.No.91-61, adopted June 4, 1991, amended the Code by passing provisions which the editor has designated
as superseding former provisions contained in Art. II, §§2-2-21-2-2-24. Said former§§2-2-21-2-2-24 pertained to regulations
concerning the county administrator and derived from Ord. No. 78-2, §§ 1-4, adopted Jan. 5, 1978. (Back)
(36)Cross reference—County administrator's duties re cemeteries. §2-9-21;organizational structure of county government,§3-2-1;
county administrator as budget officer, §3-35-21. (Back)
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