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Osceola Sectional Hero

Article I

Creation, Powers and Ordinances of Home Rule Charter Government

SECTION 1.1 Creation and General Powers of Home Rule Charter Government.

Osceola County shall be a Home Rule Charter County and, except as may be limited by this Home Rule Charter, shall have all County and Municipal powers of self-government corporate and proprietary granted now or in the future by the Constitution and Laws of the State of Florida.

SECTION 1.2 Body Corporate, Name and Boundaries.

Osceola County shall be a body corporate and politic. The corporate name shall be Osceola County. The County seat and boundaries shall be those presently designated by law.

SECTION 1.3 Relation to State Law.

The provisions of this Home Rule Charter are not intended, and shall not be construed, to conflict with the Constitution of the State of Florida, general law, or special law approved by vote of the electorate.

SECTION 1.4 Relation to Municipal Ordinances.

Within incorporated territory Municipal ordinances shall prevail over County ordinances to the extent of any conflict. In the absence of such conflict, County ordinances shall be effective within incorporated territory when such intent is expressly provided for by County ordinance.

SECTION 1.5 Casino Gambling.

A. Reservation of Power by the Electorate.
The citizens of Osceola 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 multi-County referendum on the question.

B. Definition.
For purposes 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, is unlawful under the Constitution or Laws of the State of Florida as of July 22, 1996.

C. Referendum.
If and when casino gambling becomes lawful under the Constitution and Laws of Florida, the Board of County Commissioners may offer to the electorate at any primary, special, or general election, and upon petition from the governing body of a municipality in the County, the Board shall offer as soon as practicable 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 of County Commissioners, 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 of this section may be enforced by the County, by a 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 above.