HB 1297

CS

CHAMBER ACTION

1	The Finance & Tax Committee recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to the Town of Grant-Valkaria, Brevard
7	County; creating the Town of Grant-Valkaria; providing a
8	charter for the town; providing powers of the town;
9	providing for liberal construction; providing for a town
10	council-administrator form of government; providing
11	corporate boundaries; providing that the town may contract
12	with other governmental entities; providing for a town
13	council and its powers and duties, compensation, and
14	membership; providing for a mayor and vice mayor and their
15	powers and duties; providing for filling of vacancies;
16	providing for meetings of the town council; providing for
17	ordinances; restricting the use of eminent domain;
18	providing for a town administrator and his or her powers
19	and duties, appointment, qualifications, and compensation;
20	requiring the town administrator to furnish a security
21	bond; providing for removal or absence of the town
22	administrator; providing that the town may establish
23	departments, offices, and agencies and providing for
24	administration of those under the direction and
25	supervision of the town administrator; providing for a
26	personnel system; providing for a town attorney; providing
27	for land use, development, and environmental planning;
28	providing for accounting procedures; specifying the fiscal
29	year of the town; requiring an annual audit; providing for
30	availability of financial records of the town; providing
31	for public deposits; providing requirements for purchase
32	or sale of real property by the town; providing for an
33	annual budget; authorizing the levy of certain taxes
34	within the town; prohibiting the issuance of certain bonds
35	or entering into certain types of contracts unless
36	approved by referendum; providing for emergency
37	appropriations; providing for town elections; providing
38	for conduct of officials in office; providing for
39	appointments and removals of town administrative officers
40	and employees; providing that the town council shall deal
41	with the town administrator and not officers and employees
42	of the administrator; providing for regulation of campaign
43	financing; requiring a long-range plan and a 5-year
44	financial plan; providing for emergency operations;
45	providing for dissolution; providing for charter amendment
46	and review; providing for regulation of land use, zoning,
47	and development; providing for transition, including an
48	interim council, continuity and sources of revenues, and
49	continuity of services; providing severability; requiring
50	a referendum; providing an effective date.
51
52	WHEREAS, we, the people of the Town of Grant-Valkaria,
53	under the Constitution and laws of the State of Florida, in
54	order to secure the local benefits of self-government, preserve
55	our history, protect our future, maintain a rural quality of
56	life, and foster responsible, community-controlled growth, have
57	ratified this charter by referendum, and
58	WHEREAS, this charter secures the benefits of home rule and
59	affirms the value of representative democracy, strong community
60	leadership, citizen participation, and regional cooperation,
61	NOW, THEREFORE,
62
63	Be It Enacted by the Legislature of the State of Florida:
64
65	Section 1.  Town of Grant-Valkaria; charter; creation;
66	powers; construction; form of government; boundaries;
67	intergovernmental relations.--
68	(1)  CHARTER; CREATION.--This act, together with any
69	amendments thereto, may be known as the "Charter of the Town of
70	Grant-Valkaria," and the Town of Grant-Valkaria ("town") is
71	hereby created and established.
72	(2)  POWERS OF THE TOWN.--The town shall retain claim to
73	all power and legal rights granted to municipalities under the
74	Constitution and laws of the State of Florida as fully and
75	completely as though they were specifically enumerated in this
76	charter.
77	(3)  CONSTRUCTION.--The power of the town, under this
78	charter, shall be construed liberally in favor of the town. The
79	specific mention of particular powers in this charter shall not
80	be construed as limiting in any way the general power granted in
81	this section.
82	(4)  FORM OF GOVERNMENT.--The town shall have a town
83	council-administrator form of government, as defined in sections
84	2 and 3.
85	(5)  CORPORATE BOUNDARIES.--
86
87	That area lying mostly North of Senne Road, East of
88	Babcock Road, South of the City limits of Malabar, and
89	West of the centerline of the Indian River Channel.
90	Bounded on the North by the North lines of Sections
91	15, 14 and 13 of Township 29S, Range 37E, and Sections
92	18 and 17, Township 29S, Range 38E, Brevard County,
93	Florida, and its easterly projection to the centerline
94	of the Indian River channel.
95	Bounded on the East by a line beginning at the
96	centerline of the Indian River Channel and the
97	Easterly projection of the North line of Section 17,
98	Township 29 South, Range 38 East; thence Southerly
99	along said centerline of the Indian River Channel to
100	the Westerly projection of the South line of the North
101	220 feet of GL-4 Section 10, Township 29 South, Range
102	38 East; thence Easterly 3,150 Feet along said
103	Westerly projection of the South line of the North 220
104	feet of GL-4; thence due South to the Easterly
105	projection of the North line of GL-2 of Section 34,
106	Township 29 South, Range 38 East; thence Westerly
107	along said Easterly projection of the North line of
108	GL-2 to the centerline of the Indian River Channel;
109	thence Southerly along said centerline of the Indian
110	River Channel to the intersection of the Easterly
111	projection of the South line of Section 3, Township 30
112	South, Range 38 East.
113	Bounded on the South by a line beginning at the
114	intersection of the centerline of the Indian River
115	channel and the Easterly projection of the South line
116	of Section 3, Township 30 South, Range 38 East; thence
117	Westerly along said South line and its Westerly
118	projection to the East line of Tax Parcel 250, lying
119	in Section 1, Township 30 South, Range 37 East, as
120	recorded in Official Records Book (ORB) 4258, Page 968
121	of the Public Records of Brevard County, Florida;
122	thence northerly along said East line to the North
123	line of said Section 1; thence westerly along said
124	North line and its westerly projection to the East
125	line of the SW 1/4 of Section 34, Township 29 South,
126	Range 37 East; thence northerly along the East line of
127	the SW 1/4 of said Section 34 to the South line of Tax
128	Parcel 762 as recorded in Official Records Book 4895,
129	Page 625 of said Public Records; thence easterly along
130	the South line of said Tax Parcel 762 to the East line
131	of said Tax Parcel 762; thence northerly along said
132	East line to the North line of the SW 1/4 of said
133	Section 34; thence westerly along the North line of
134	the SW 1/4 of said Section 34 to the intersection of
135	the centerline of Babcock St.
136	Bounded on the West by the centerline of Babcock St.
137	Except:
138	Tax Parcel 276 as recorded in Official Record Book
139	5193 Page 3598, in Section 27, Township 29 South,
140	Range 37 East, of Public Records of Brevard County,
141	Florida.
142	Tax Parcel 334 as recorded in Official Record Book
143	5193 Page 3629, in Section 27, Township 29 South,
144	Range 37 East, of Public Records of Brevard County,
145	Florida.
146	Tax Parcel 335 as recorded in Official Record Book
147	5193 Page 3562, in Section 27, Township 29 South,
148	Range 37 East, of Public Records of Brevard County,
149	Florida.
150	Tax Parcel 336 as recorded in Official Record Book
151	5193 Page 3831, in Section 27, Township 29 South,
152	Range 37 East, of Public Records of Brevard County,
153	Florida.
154	Tax Parcel 504 as recorded in Official Record Book
155	5375 Page 6773, in Section 27, Township 29 South,
156	Range 37 East, of Public Records of Brevard County,
157	Florida.
158	Tax Parcel 278 as recorded in Official Record Book
159	4003 page 3742, in Section 22, Township 29 South,
160	Range 37 East, of Public Records of Brevard County,
161	Florida.
162	Tax Parcels 270 and 309, as recorded in Official
163	Record Book 4951 Page 1494, in Section 22, Township 29
164	South, Range 37 East, of Public Records of Brevard
165	County, Florida.
166	AND in the SW 1/4 of Section 15, Township 29 South,
167	Range 37 East being more particularly described as
168	follows:
169	Tax Parcel 519, 573, 536, 572, 532, 549, 533, 575,
170	534, 554, 535, 515 and 540 as recorded in the Official
171	Record Book 4607 page 3439 of the Public Records of
172	Brevard County, Florida.
173	Except: All of land described in ORB 4643 page 324, in
174	Section 15, Township 29 South, Range 37 East, as
175	recorded in Public Records of Brevard County, Florida
176	AKA as tax parcels:
177	Tax parcel 277, as recorded in ORB 4167 page 3180
178	Tax parcel 278, as recorded in ORB 4167 page 3180
179	Tax parcel 279, as recorded in ORB 4167 page 3180
180	Tax parcel 280, as recorded in ORB 4167 page 3180
181	Tax parcel 281, as recorded in ORB 4237 page 679
182	Tax parcel 290, as recorded in ORB 4237 page 680
183	Tax parcel 298, as recorded in ORB 4237 page 681
184	and,
185	The South 435.00 feet of the West 350.00 feet of Lot
186	24, Florida Indian River Land Company Subdivision, as
187	recorded in Plat Book 1, Page 165, of the Public
188	Records of Brevard County, Florida, less and except
189	the South 35.00 feet and the West 50.00 feet thereof.
190
191	(6)  INTERGOVERNMENTAL RELATIONS.--The town may participate
192	by contract or otherwise with any governmental entity of the
193	state, or any other state or states of the United States, in the
194	performance of any activity that one or more of such entities
195	have the authority to undertake.
196	Section 2.  Town council; mayor; vice mayor; ordinances;
197	eminent domain.--
198	(1)  TOWN COUNCIL.--The term "council" means the Grant-
199	Grant-Valkaria Town Council and includes the mayor.
200	(a)  The town council shall consist of six council members
201	and one mayor, for a total of seven members, all of whom shall
202	be elected at large and in accordance with section 6. The
203	council members shall occupy seats numbered 1 through 6.
204	(b)  Four or more members of the town council shall
205	constitute a majority, and five or more members of the town
206	council shall constitute a supermajority. A majority of the town
207	council shall constitute a quorum, but a smaller number may
208	adjourn as required and may compel the attendance of absent
209	members in the manner and subject to any penalties prescribed by
210	rules adopted by the town council.
211	(c)  All powers of the town shall be vested in the elected
212	town council, except as otherwise provided by law or by this
213	charter.
214	(2)  MAYOR.--The mayor shall preside at meetings of the
215	town council. The mayor shall be a regular voting member of the
216	town council. The mayor shall be recognized as the head of town
217	government for all ceremonial purposes; for purposes of military
218	law; for service of process and execution of town council
219	authorized contracts, deeds, and other documents; and as the
220	town official designated to represent the town when dealing with
221	other governmental entities on behalf of the town.
222	(3)  VICE MAYOR.--The vice mayor shall act as mayor in the
223	absence of the mayor. The vice mayor shall be elected from among
224	council members for a term of 1 year or until his or her
225	successor is elected. A council member shall not serve
226	consecutive terms as vice mayor unless no other council member
227	is willing to serve as vice mayor.
228	(4)  VACANCIES.--The office of a town council member shall
229	become vacant upon the incumbent's death, resignation, or
230	removal from office in any manner authorized by law or by
231	forfeiture of his or her office.
232	(a)  A town council member shall forfeit his or her seat if
233	at any time during his or her term he or she ceases to maintain
234	his or her permanent residence in the town or if he or she
235	otherwise ceases to be a qualified elector of the town.
236	(b)  Any member of the town council shall be subject to
237	forfeiture of his or her office if he or she is absent without
238	good cause from any three consecutive regular meetings of the
239	council or if he or she is absent without good cause from any
240	four regular meetings of the council within any 12-month period.
241	(c)  The town council shall be the sole judge of the
242	qualifications of its members and shall hear all questions
243	relating to forfeiture of a council member's office, including
244	whether good cause for absence has been or may be established.
245	The burden of establishing good cause shall be on the council
246	member in question; however, any council member may at any time
247	during any duly held meeting move to establish good cause for
248	his or her absence or the absence of any other council member
249	from any past, present, or future meeting or meetings, which
250	motion, if carried, shall be conclusive.
251	(d)  A council member whose qualifications are in question
252	or who is otherwise subject to forfeiture of his or her office
253	shall not vote on any such matters. The council member in
254	question shall be entitled to a public hearing on requests
255	regarding an alleged forfeiture of office. If a public hearing
256	is requested, notice thereof shall be published in one or more
257	newspapers of general circulation in the town at least 1 week in
258	advance of the hearing.
259	(e)  Any final determination by the town council that a
260	council member has forfeited his or her office shall be made by
261	resolution. All votes and other acts of the council member in
262	question prior to the effective date of such resolution shall be
263	valid regardless of the grounds of forfeiture.
264	(5)  FILLING OF VACANCIES.--
265	(a)  A vacancy on the town council shall be filled by a
266	majority vote of the remaining members of the town council,
267	unless at the time of the vacancy there are fewer than 6 months
268	remaining before the next regular election of town council
269	members, in which case the town council shall have the
270	discretion to leave the seat vacant until the next regular
271	election of town council members. Any person appointed by the
272	town council to fill a vacancy shall hold office until the next
273	regular town council election. The elected replacement shall
274	serve the remaining term for the vacated seat.
275	(b)  In the event that all the members of the town council
276	are removed by death, disability, recall, forfeiture of office,
277	resignation, or any combination thereof, the Governor shall
278	appoint an interim town council. The interim town council shall
279	call a special election within not fewer than 60 days or more
280	than 90 days after such appointment. Such election shall be held
281	in the same manner as the initial elections under this charter.
282	However, if there are fewer than 6 months remaining in the
283	unexpired terms, the interim town council appointed by the
284	Governor shall serve out the unexpired terms.
285	(c)  Persons filling vacancies shall meet the
286	qualifications specified in section 6(8).
287	(d)  Notwithstanding any quorum requirements established
288	herein, if at any time the full membership of the town council
289	is reduced to less than a quorum, the remaining members may, by
290	unanimous vote, appoint additional members to the extent
291	permitted or required under this subsection.
292	(6)  COMPENSATION; REIMBURSEMENT FOR EXPENSES.--
293	(a)  The council members shall serve as town volunteers and
294	shall not be compensated.
295	(b)  The council members shall receive reimbursement for
296	council-approved expenses in accordance with applicable law, or
297	as may be otherwise provided by ordinance, for authorized travel
298	and per diem expenses incurred in the performance of their
299	official duties. An ordinance establishing, increasing, or
300	decreasing reimbursement for expenses of the council members may
301	be adopted at any time.
302	(7)  INVESTIGATIONS.--The town council may make
303	investigations into the affairs of the town and the conduct of
304	any town department, office, or agency and for this purpose may
305	subpoena witnesses, administer oaths, take testimony, and
306	require the production of evidence.
307	(8)  MEETINGS.--
308	(a)  The town council shall hold a minimum of 11 monthly
309	meetings in each fiscal year at such times and places as the
310	town council may prescribe by rule. Special meetings may be held
311	on the call of the mayor or four or more members and, whenever
312	feasible, upon no less than 24 hours' notice to each member.
313	Except as otherwise provided by general law, all meetings shall
314	be public.
315	(b)  The town council shall determine its own rules and
316	order of business and procedure; however, in the absence of
317	same, the latest edition of Robert's Rules of Order shall be
318	used. The town council shall provide for keeping the journal of
319	its proceedings, which journal shall be a public record except
320	as otherwise provided by general law.
321	(c)  During all town council votes, the individual votes as
322	cast by each person on the town council shall be recorded in the
323	journal of that meeting. No action of the town council, except
324	as otherwise provided in this charter, shall be valid or binding
325	unless adopted by a majority decision. Except as otherwise
326	provided in this charter, all land use and quasi-judicial items
327	shall require a supermajority decision.
328	(9)  ORDINANCES.--In addition to other acts required by law
329	or by specific provision of this charter to be done by
330	ordinance, those acts of the town council shall be done by
331	ordinance, in accordance with the provisions of this charter,
332	which:
333	(a)  Adopt or amend an administrative code or establish,
334	alter, or abolish any town department, office, or agency;
335	(b)  Regulate land use and development;
336	(c)  Levy taxes;
337	(d)  Grant, renew, or extend a franchise;
338	(e)  Regulate the rate charged by a public utility for its
339	services;
340	(f)  Authorize the borrowing of money;
341	(g)  Convey or lease, or authorize the conveyance or lease
342	of, any lands of the town;
343	(h)  Provide for a fine or other penalty or establish a
344	rule or regulation for violation of which a fine or other
345	penalty is imposed;
346	(i)  Amend or repeal any ordinance previously adopted; or
347	(j)  Adopt, with or without amendment, ordinances proposed
348	under the initiative power.
349
350	Acts other than those referred to in this subsection may be done
351	either by ordinance or by resolution.
352	(10)  EMINENT DOMAIN.--In no case shall the town council
353	exercise its powers of eminent domain or condemnation to acquire
354	property for private development purposes, regardless of the
355	public good such eminent domain or condemnation might support.
356	(11)  ORDINANCES IN GENERAL.--
357	(a)  Every proposed ordinance shall be introduced in
358	writing and in the form required for final adoption. No
359	ordinance shall contain more than one subject, which shall be
360	clearly expressed in its title. The enacting clause shall read,
361	"The Town of Grant-Valkaria hereby ordains:". Any ordinance that
362	repeals or amends an existing ordinance or part of the town code
363	shall set out in full the ordinance and the sections or
364	subsections to be repealed or amended and shall indicate matters
365	to be omitted by enclosing brackets or by strikeout type and
366	shall indicate new matters by italics or by underscoring.
367	(b)  Any member of the town council at any regular or
368	special meeting of the town council may introduce an ordinance.
369	Upon introduction of any ordinance, the town clerk shall
370	distribute a copy to each council member and the town
371	administrator, shall file a reasonable number of copies in the
372	office of the town clerk and such other public places as the
373	town council may designate, and shall publish the ordinance
374	together with a notice setting out the time and place for a
375	public hearing thereon and for its consideration by the town
376	council. The public hearing shall follow the publication by at
377	least 7 calendar days, may be held separately or in connection
378	with a regular or special town council meeting, and may be
379	adjourned from time to time; all persons interested shall have
380	an opportunity to be heard. After the hearing, the town council
381	may adopt the ordinance with or without amendment or reject it,
382	but if it is amended as to any matter of substance, the town
383	council may not adopt it until the ordinance or its amended
384	sections have been subjected to all the procedures hereinbefore
385	required in the case of a newly introduced ordinance. As soon as
386	feasible after adoption, the clerk shall have the ordinance and
387	a notice of its adoption published and available at a reasonable
388	price. As used in this section, the term "publish" means to
389	provide in the contemporary means of information sharing, which
390	includes, but is not limited to, one or more newspapers of
391	general circulation in the town and, if available, in a website,
392	the ordinance or a brief summary thereof, the places where
393	copies of it have been filed, and the times when they are
394	available for public inspection and purchase at a reasonable
395	price.
396	(c)  Except as otherwise provided in this charter, every
397	adopted ordinance shall become effective at the expiration of 30
398	days after adoption or at any later date specified therein.
399	(d)  To meet a public emergency affecting life, health,
400	property, or the public peace, the town council may adopt one or
401	more emergency ordinances, but such ordinances may not levy
402	taxes; grant, renew, or extend a franchise; regulate the rate
403	charged by any public utility for its services; or authorize the
404	borrowing of money except as provided in section 5(8). An
405	emergency ordinance shall be introduced in the form and manner
406	prescribed for ordinances generally, except that it shall be
407	plainly designated as an emergency ordinance and shall contain,
408	after the enacting clause, a declaration stating that an
409	emergency exists and describing it in clear and specific terms.
410	An emergency ordinance may be adopted with or without amendment
411	or rejected at the meeting at which it is introduced, but the
412	affirmative vote of four or more members shall be required for
413	adoption. After its adoption, the ordinance shall be published
414	as prescribed for other adopted ordinances. It shall become
415	effective upon adoption or at such later time as it may specify.
416	Every emergency ordinance except an emergency appropriation as
417	described in section 5(9) shall automatically stand repealed as
418	of the 61st day following the date on which it was adopted, but
419	this shall not prevent reenactment of the ordinance in the
420	manner specified in this section if the emergency still exists.
421	An emergency ordinance may also be repealed by adoption of a
422	repealing ordinance in the same manner specified in this section
423	for adoption of emergency ordinances.
424	(e)  The town council may adopt any standard code of
425	technical regulations by reference thereto in an adopting
426	ordinance. The procedure and requirements governing such an
427	adopting ordinance shall be as prescribed for ordinances
428	generally, except that:
429	1.  The requirements of this charter for distribution and
430	filing of copies of the ordinance shall be construed to include
431	copies of the code of technical regulations as well as of the
432	adopting ordinance.
433	2.  A copy of each adopted code of technical regulations as
434	well as of the adopting ordinance shall be authenticated and
435	recorded by the town clerk pursuant to this charter.
436	3.  Copies of any adopted code of technical regulations
437	shall be made available by the town clerk for distribution or
438	for purchase at a reasonable price, consistent with the current
439	year's budget.
440	(f)  The town clerk shall authenticate by signing and shall
441	record in full in a properly indexed document kept for that
442	purpose all ordinances and resolutions adopted by the town
443	council.
444	(g)  Within 3 years after adoption of this charter and at
445	least every 10 years thereafter, the town council shall provide
446	for the preparation of a general codification of all town
447	ordinances and resolutions having the force and effect of law.
448	The general codification shall be adopted by the town council by
449	ordinance and shall be published, together with this charter and
450	any amendments thereto, pertinent provisions of the constitution
451	and other laws of the state, and such codes of technical
452	regulations and other rules and regulations as the town council
453	may specify. This compilation shall be known and cited
454	officially as the Grant-Valkaria Town Code. Copies of the code
455	shall be furnished to town officers, placed in libraries, public
456	offices, and, if available, on a website for free public
457	reference, and made available for purchase by the public at a
458	reasonable price fixed by the town council.
459	(h)  The town council shall cause each ordinance and
460	resolution having the force and effect of law and each amendment
461	to this charter to be published promptly following its adoption,
462	and the published ordinances, resolutions, and charter
463	amendments shall be distributed or sold to the public at
464	reasonable prices as fixed by the town council. Following
465	publication of the first Grant-Valkaria Town Code and at all
466	times thereafter, the ordinances, resolutions, and charter
467	amendments shall be published in substantially the same style as
468	the code currently in effect and shall be suitable in form for
469	integration therein. The town council shall make such further
470	arrangements as it deems desirable with respect to reproduction
471	and distribution of any changes in or additions to the
472	provisions of the Constitution and laws of the State of Florida
473	or the codes of technical regulations and other rules and
474	regulations included in the code.
475	Section 3.  Town administrator.--
476	(1)  APPOINTMENT; QUALIFICATIONS; COMPENSATION.--The town
477	council, by majority vote, shall appoint a town administrator
478	for an indefinite term and set the town administrator's
479	compensation. The town administrator shall be appointed
480	primarily on the basis of education and experience in the
481	accepted competencies and practices of local government
482	management. The town administrator need not be a resident of the
483	town or state at the time of appointment but may reside outside
484	the town while in office only with the approval of the town
485	council. The town administrator is continuously responsible to
486	the town council, the elected representatives of the people.
487	(2)  REMOVAL.--The town council may request the resignation
488	of the town administrator. If the town administrator declines to
489	resign at the town council's request, the town council may
490	suspend the administrator by a resolution approved by a majority
491	of the town council. Such resolution shall set forth the reasons
492	for suspension and proposed removal. A copy of such resolution
493	shall be served immediately upon the town administrator. The
494	town administrator shall have 15 days in which to reply thereto
495	in writing and, upon request, shall be afforded a public
496	hearing, which shall occur not earlier than 10 days or later
497	than 15 days after such hearing is requested. After the public
498	hearing, if one is requested, and after full consideration, the
499	town council, by a majority vote, may adopt a final resolution
500	of removal. The town administrator shall continue to receive
501	full salary until the effective date of a final resolution of
502	removal.
503	(3)  ABSENCE OR DISABILITY.--
504	(a)  To perform his or her duties during his or her
505	temporary absence or disability, the town administrator may
506	designate, by letter filed with the town clerk, an interim town
507	administrator.
508	(b)  In the event of failure or inability of the town
509	administrator to make such designation, or should the person so
510	designated by the town administrator be unsatisfactory to the
511	town council, the town council may by resolution appoint an
512	interim town administrator to perform the duties of the town
513	administrator until he or she returns or his or her disability
514	ceases.
515	(4)  POWERS AND DUTIES.--The town administrator shall be
516	the chief executive officer of the town, responsible to the town
517	council for the management of all town affairs placed in the
518	town administrator's charge by or under this charter. The town
519	administrator shall:
520	(a)  Hire or fill existing positions, including the town
521	clerk, and when the town administrator deems it necessary for
522	the good of the town, suspend or remove town employees, except
523	as otherwise provided by law or this charter. The town
524	administrator may serve as town clerk.
525	(b)  Direct and supervise the administration of all
526	departments and offices, but not town boards or agencies, except
527	as otherwise directed by the town council or provided by this
528	charter.
529	(c)  Attend all town council meetings. The town
530	administrator shall have the right to take part in discussion
531	but shall not have the right to vote.
532	(d)  Ensure that all laws, provisions of this charter, and
533	acts of the town council, subject to enforcement by the town
534	administrator or by officers subject to the town administrator's
535	direction and supervision, are faithfully executed.
536	(e)  Prepare and submit the annual budget and capital
537	program, as specified in section 5, to the town council and
538	implement the final budget approved by the town council to
539	achieve the goals of the town.
540	(f)  Submit to the town council, and make available to the
541	public, a complete report on the financial and administrative
542	activities of the town as of the end of each fiscal year.
543	(g)  Prepare such other reports as the town council may
544	require concerning the operations of town departments, offices,
545	boards, and agencies.
546	(h)  Keep the town council fully advised as to the
547	financial condition and current and future needs of the town.
548	(i)  Assist the town council in developing long-term goals
549	for the town and strategies to implement these goals.
550	(j)  Make recommendations to the town council concerning
551	the affairs of the town and facilitate the work of the town
552	council in developing policy.
553	(k)  Provide staff support services for the mayor and
554	council members.
555	(l)  Encourage and provide staff support for regional and
556	intergovernmental cooperation.
557	(m)  Promote partnerships among the town council, staff,
558	and citizens in developing public policy and building a sense of
559	community.
560	(n)  Perform all such other duties as are specified in this
561	charter or that may be required by the town council.
562	(5)  BOND.--The town administrator and, where applicable,
563	an interim town administrator shall furnish a security bond to
564	be approved by the town council, in such amount as the town
565	council may specify, such bond to be conditioned on the faithful
566	performance of his or her duties. The premium of the bond shall
567	be paid by the town.
568	Section 4.  Departments, offices, and agencies; town
569	attorney; land use.--
570	(1)  CREATION OF DEPARTMENTS, OFFICES, AND AGENCIES.--The
571	town council may establish town departments, offices, and
572	agencies in addition to those created by this charter and shall
573	prescribe the functions of all departments, offices, and
574	agencies. No function assigned by this charter to a particular
575	department, office, or agency may be discontinued or assigned to
576	any other unless specified by this charter.
577	(2)  DIRECTION BY TOWN ADMINISTRATOR.--All departments,
578	offices, and agencies under the direction and supervision of the
579	town administrator shall be administered by an officer appointed
580	by and subject to the direction and supervision of the town
581	administrator. With the consent of the town council, the town
582	administrator may serve as the head of one or more such
583	departments, offices, or agencies or may appoint one person as
584	the head of two or more of them.
585	(3)  PERSONNEL SYSTEM.--
586	(a)  All appointments and promotions of town officers and
587	employees shall be made primarily on the basis of merit or other
588	evidence of competence.
589	(b)  Consistent with all applicable federal and state laws,
590	the town council shall provide by ordinance for the
591	establishment, regulation, and maintenance of a merit system
592	governing personnel policies necessary to effective
593	administration of the employees of the town's departments,
594	offices, and agencies.
595	(4)  TOWN ATTORNEY.--The town council shall appoint the
596	town attorney by an affirmative vote of a majority of the town
597	council. The town council shall establish a contract term for
598	the town attorney that includes scheduled reviews. The town
599	attorney shall report to the town council to serve as chief
600	legal adviser to the town council, the town administrator, and
601	all town departments, offices, and agencies. Compensation and
602	benefits of the town attorney shall be set by the town council.
603	The town attorney shall be a member in good standing of The
604	Florida Bar. The town council may remove the town attorney at
605	any time by an affirmative vote of a majority of the town
606	council. The town attorney shall take office immediately on
607	appointment, and the terms and conditions shall be reduced to a
608	written contract. The town council shall have the authority to
609	engage such additional legal counsel as it deems advisable and
610	necessary.
611	(5)  LAND USE, DEVELOPMENT, AND ENVIRONMENTAL
612	PLANNING.--Consistent with all applicable federal and state laws
613	with respect to land use, development, and environmental
614	planning, the town council shall:
615	(a)  Designate an agency or agencies to carry out the
616	planning function and such decisionmaking responsibilities as
617	may be specified by ordinance or in section 9.
618	(b)  Adopt a comprehensive plan and determine to what
619	extent zoning and other land use control ordinances must be
620	consistent with the plan.
621	(c)  Determine to what extent the comprehensive plan and
622	zoning and other land use ordinances must be consistent with
623	regional plans.
624	(d)  Adopt development regulations, to be specified by
625	ordinance, to implement the plan.
626
627	The designated agency, the town administrator, and the town
628	council shall seek to act in cooperation with other
629	jurisdictions and organizations in their region to promote
630	integrated approaches to regional issues.
631	Section 5.  Finances.--
632	(1)  ACCOUNTING PROCEDURES.--The town administrator shall
633	prescribe and require, except as may be prescribed and required
634	by law, the use of plain and uniform systems of keeping books of
635	accounts by all town departments, officers, or employees who are
636	charged with the receipt or disbursements of any of the funds of
637	the town or who may be authorized to purchase materials and
638	supplies or to employ labor for the town.
639	(2)  FISCAL YEAR.--The fiscal year of the town shall begin
640	with the first day of October in each year and end on the last
641	day of September of the following year, as set forth in section
642	166.241, Florida Statutes.
643	(3)  ANNUAL AUDIT.--The town council shall retain a
644	certified public accountant to be the independent auditor of
645	accounts of the town. It shall be the duty of the auditor to
646	audit the accounts of the town and all its officers whose duty
647	involves the collection, custody, and payment of moneys to or by
648	the town. The auditor shall, on or before April 15 of each year,
649	make and deliver a detailed report of any and all accounts,
650	records, and books from the previous fiscal year examined and
651	audited by him or her, which report under his or her hand and
652	seal shall be made available for public inspection.
653	(4)  PUBLIC FINANCIAL RECORDS.--The town administrator
654	shall regularly make available as public records at a suitable
655	location all major revenues and expenditures of the town for a
656	given fiscal year. This information shall be made available, at
657	a minimum, quarterly.
658	(5)  PUBLIC DEPOSITS.--All public deposits shall be made in
659	qualified public depositories and shall be secured as provided
660	by state law.
661	(6)  PURCHASE, SALE, AND LEASE OF REAL PROPERTY.--All
662	purchases or sales of real property by the town or leases of
663	town-owned property are subject to public notice and hearing
664	before action is taken by the town council. Such action shall
665	require a supermajority vote of the town council. The public
666	notice shall be of the same extent and nature as that required
667	by general law for rezoning.
668	(7)  ANNUAL BUDGET.--
669	(a)  Submission of annual budget.--On or before July 15 of
670	each year, the town administrator shall submit a budget in
671	accordance with state law. It shall outline the financial
672	policies of the town for the ensuing fiscal year, describe the
673	important features of the budget, indicate any major changes
674	from the current year in fiscal policy, summarize the town's
675	fiscal position, and include any other material as the town
676	administrator deems necessary.
677	(b)  Town council action on the budget.--
678	1.  The town council shall adopt a budget for the ensuing
679	fiscal year by resolution on or before September 30 of each
680	year.
681	2.  The town council shall not authorize or allow to be
682	authorized a budget that exceeds the reasonably expected revenue
683	for the ensuing fiscal year.
684	(c)  Budget financial procedures.--
685	1.  If at any time during the fiscal year it appears
686	probable to the town administrator that the revenues available
687	will be insufficient to meet the amount appropriated in the
688	budget, the town administrator shall report to the town council
689	without delay. The town council shall then take action to
690	prevent or minimize any deficit and for that purpose may, by
691	resolution, reduce one or more appropriations.
692	2.  The town administrator shall have full authority to
693	transfer unencumbered funds between different programs within a
694	department, office, or agency. The town administrator shall not
695	have the authority to transfer funds between departments,
696	offices, or agencies.
697	3.  The town council may, by resolution, transfer or
698	otherwise allocate or reallocate part or all of any unencumbered
699	balance within a department, office, or agency to any other
700	department, office, or agency.
701	(d)  Budget as public record.--Copies of the budget as
702	adopted shall be public record and shall be made available to
703	the public at a suitable location in the town.
704	(8)  TAXATION AND REVENUE.--
705	(a)  Property taxable.--All property, real or personal, in
706	the town not expressly exempt by state law shall be subject to
707	taxation by the town within the limits set forth by the State
708	Constitution and general law.
709	(b)  Authority of town to levy taxes.--The town council
710	shall have the right to raise, by taxation on the taxable
711	property within the corporate limits of the town and on
712	licenses, such amounts as may be necessary to carry on the
713	government of the town, within the limits set forth by the State
714	Constitution and general law. The town council shall have the
715	right to levy such additional taxes, within the limits set forth
716	by the State Constitution and general law, as may be necessary
717	to pay the interest on, and to provide a sinking fund for the
718	ultimate redemption of, the outstanding bonds of the town as may
719	from time to time be issued in accordance with law and to pay
720	any lawful judgment that the town may be compelled to satisfy.
721	(c)  Borrowing money; selling bonds.--Unless authorized by
722	the electors of the town at a duly held referendum election, the
723	town council shall not authorize or allow to be authorized the
724	issuance of revenue bonds or enter into lease-purchase contracts
725	or any other unfunded multiyear contracts for the purchase of
726	real property or the construction of capital improvements the
727	repayment of which extends beyond the end of any fiscal year.
728	(9)  EMERGENCY APPROPRIATIONS.--To address a public
729	emergency affecting life, health, property, or the public peace,
730	the town council may make emergency appropriations. Such
731	appropriations may be made by emergency ordinance in accordance
732	with the provisions of section 2. To the extent that there are
733	no available unappropriated revenues or a sufficient fund
734	balance to meet such appropriations, the town council may by
735	such emergency ordinance authorize the issuance of emergency
736	notes, which may be renewed from time to time, but the emergency
737	notes and renewals of any fiscal year shall be paid or
738	refinanced as long-term debt not later than the last day of the
739	fiscal year next succeeding that in which the emergency
740	appropriation was made.
741	Section 6.  Town elections.--
742	(1)  CONDUCT OF ELECTIONS.--The provisions of the general
743	election laws of the state shall apply to all elections held
744	under this charter. The town council may, by ordinance, make all
745	regulations it considers needful or desirable, not inconsistent
746	with this charter, for the conduct of municipal elections and
747	for the prevention of fraud therein. Nothing in this charter
748	shall preclude the town council from authorizing the
749	administration of town elections by the county supervisor of
750	elections.
751	(a)  Regular elections.--The regular town elections shall
752	be held every 2 years beginning on November 7, 2006, coincident
753	with county, state, and national elections. Poll workers and
754	clerks of elections, if required, shall be appointed by the
755	Brevard County Supervisor of Elections.
756	(b)  Special elections.--Special elections, when required,
757	shall be scheduled by the town council at such times and in such
758	manner as shall be consistent with this charter and state law.
759	(c)  Single candidates.--No election for a town council
760	seat shall be required in any election if there is only one duly
761	qualified candidate for that seat.
762	(d)  Electors.--Any person who is a resident of the town,
763	is qualified as an elector of the state, and is registered to
764	vote in the manner prescribed by law shall be an elector of the
765	town.
766	(e)  Nonpartisan elections.--All elections for the offices
767	of council member and mayor shall be conducted on a nonpartisan
768	basis.
769	(2)  COMMENCEMENT OF TERMS.--The term of office of any
770	elected official shall commence 2 weeks after the election.
771	(3)  OATH OF OFFICE.--All elected officers, before entering
772	upon their duties, shall take and subscribe to the following
773	oath of office: "I do solemnly swear (or affirm) that I will
774	support, protect, and defend the Constitution and Government of
775	the United States and of the State of Florida and the charter of
776	the Town of Grant-Valkaria; that I am duly qualified to hold
777	office under the Constitution of the State and of the charter of
778	the Town of Grant-Valkaria; that I will well and faithfully
779	perform the duties of (mayor or council member) upon which I am
780	about to enter; and that I will work to preserve and promote the
781	history, environment, and rural character of the Town of Grant-
782	Valkaria."
783	(4)  METHOD OF ELECTING COUNCIL MEMBERS.--The ballot for
784	the general election shall contain the names of all qualified
785	candidates for council members and the number of seats up for
786	election. The ballot shall instruct electors to cast one vote
787	for each open council seat. The candidates who receive the
788	largest number of votes shall be the duly elected council
789	members and shall be designated as holding a specific council
790	seat number. Council seat numbers shall be assigned such that
791	the lowest seat number available is given to the candidate who
792	receives the largest number of votes.
793	(5)  METHOD OF ELECTING THE MAYOR.--If the mayor's term is
794	expiring, the ballot for the general election shall contain the
795	names of all qualified candidates for mayor and shall instruct
796	electors to cast one vote for mayor. The candidate for mayor
797	receiving the largest number of votes shall be the duly elected
798	mayor.
799	(6)  TIE VOTES.--In the event of a tie for the office of
800	council member or mayor, the winner shall be determined by lot.
801	(7)  CANDIDATE FORUMS.--The town shall sponsor and budget
802	for a minimum of three candidate forums. Each candidate for
803	mayor or council seat shall participate in a minimum of two
804	candidate forums.
805	(8)  QUALIFYING OF CANDIDATES FOR OFFICE OF COUNCIL MEMBER
806	OR MAYOR.--
807	(a)  Only electors of the town who have resided in the town
808	for the 2 years preceding the date of filing for candidacy shall
809	be eligible to hold the office of council member or mayor.
810	(b)  Candidates for council member or mayor shall qualify
811	for election by the filing of a written notice of candidacy with
812	the clerk of the town at such time and in such manner as may be
813	prescribed by ordinance, plus payment of any fees required by
814	general law as a qualifying fee. The candidate shall submit a
815	qualifying statement, as prescribed by ordinance, with the
816	signatures of at least 1 percent of the total number of electors
817	at the last general election, and pay any required filing fee.
818	(c)  The qualifying period shall not be less than 45 days
819	and not more than 60 days prior to the elections. If there is an
820	insufficient number of candidates at the conclusion of the
821	qualifying period, all candidates shall be seated according to
822	paragraph (1)(c) and subsection (6). The qualifying period shall
823	be extended 5 business days for the remaining open seat or
824	seats.
825	(d)  A person may not be a candidate for more than one
826	office in the same election.
827	(9)  INITIATIVE, CITIZEN REFERENDUM, AND RECALL.--
828	(a)  The electors of the town shall have power to propose
829	ordinances to the town council; however, such power shall not
830	extend to the budget or capital program or any ordinance
831	relating to appropriation of money, levy of taxes, or salaries
832	of town employees. If the town council fails to adopt the
833	proposed ordinance or a modification thereof, the electors shall
834	have the power to adopt or reject it at a town election.
835	(b)  The electors of the town shall have the power to
836	require reconsideration by the town council of any adopted
837	ordinance. If the town council fails to repeal an ordinance so
838	reconsidered, the electors may approve or reject it at a town
839	election. However, such power of reconsideration shall not
840	extend to the budget or capital program or any emergency
841	ordinance or ordinance relating to appropriation of money, levy
842	of taxes, or salaries of town employees.
843	(c)  The electors of the town shall have the power to
844	remove from office any elected official of the town in
845	accordance with general law.
846	(10)  INITIATIVE AND REFERENDUM PROCEEDINGS.--
847	(a)  Any five electors may commence initiative or
848	referendum proceedings by filing with the town clerk an
849	affidavit stating that they will constitute the petitioners'
850	committee, stating that they will be responsible for circulating
851	the petition and filing it in proper form, stating their names
852	and addresses, specifying the address to which all notices to
853	the petitioners' committee are to be sent, and setting out in
854	full the proposed initiative ordinance or the proposed amendment
855	or repeal action relating to an existing ordinance. The town
856	clerk shall promptly file the affidavit with the town
857	administrator so that it can be placed on the agenda for the
858	next town council meeting. If the proposed ordinance is in the
859	correct form and is compatible with the town charter and general
860	and special law, the town council shall promptly consider the
861	proposal on its merits and substance. If deficiencies of form or
862	legality exist, the proposal shall be returned to its sponsors
863	for correction and resubmission. If the town council delays,
864	rejects, changes, or refuses to consider a proposed ordinance or
865	amendment or repeal request for reasons that fail to satisfy its
866	sponsors, the proposed ordinance or amendment or repeal request
867	may be submitted to referendum by petition. Production of
868	petition forms and validation of signatures shall be the
869	responsibility of the petitioners' committee.
870	(b)  Referendum and initiative petitions must be signed by
871	electors of the town, as certified by the Brevard County
872	Supervisor of Elections, equal in number to at least 20 percent
873	of the total number of electors voting at the last regular
874	election.
875	(c)  All papers of a petition shall be uniform in size and
876	style and shall be assembled as one instrument for filing. Each
877	signature shall be executed in ink or indelible pencil and shall
878	be followed by the address of the person signing. Referendum and
879	initiative petitions shall contain or shall have attached to
880	them throughout their circulation the full text of the proposed
881	ordinance, amendment, or repeal request.
882	(d)  Each paper of a petition shall have attached to it,
883	when filed, an affidavit executed by its circulator stating that
884	the circulator personally circulated the paper, giving the
885	number of signatures on the paper, and stating that all the
886	signatures were affixed in the circulator's presence, that the
887	circulator believes them to be the genuine signatures of the
888	persons whose names they purport to be, and that each signer had
889	an opportunity before signing to read the full text of the
890	proposed ordinance, amendment, or repeal request.
891	(e)  Referendum petitions must be filed within 30 days
892	after adoption by the town council of the ordinance sought to be
893	reconsidered.
894	(f)  Within 20 days after the petition is filed, the town
895	clerk shall complete a certificate as to its sufficiency,
896	specifying, if it is insufficient, the particulars in which it
897	is defective, and shall within 2 working days send a copy of the
898	certificate to the petitioners' committee by registered mail.
899	Verification of electors shall be as certified by the Brevard
900	County Supervisor of Elections. A petition certified
901	insufficient for lack of the required number of valid signatures
902	may be amended once if the petitioners' committee files a notice
903	of intention to amend it with the town clerk within 5 days after
904	receiving the copy of the certificate and if the petitioners'
905	committee files a supplementary petition upon additional papers
906	within 10 days after receiving the copy of the certificate. Such
907	supplementary petition shall comply with the requirements of
908	paragraphs (c) and (d). Within 20 days after a supplementary
909	petition is filed, the town clerk shall complete a certificate
910	as to the sufficiency of the petition as amended and shall
911	promptly send a copy of such certificate to the petitioners'
912	committee by registered mail. If a petition or amended petition
913	is certified sufficient, or if a petition or amended petition is
914	certified insufficient and the petitioners' committee does not
915	elect to amend or to request town council review under paragraph
916	(g) within the time required, the town clerk shall promptly
917	present the certificate to the town council, and the certificate
918	shall then be a final determination as to the sufficiency of the
919	petition.
920	(g)  If a petition has been certified insufficient for
921	reasons other than the required number of elector signatures and
922	the petitioners' committee does not file notice of intention to
923	amend it, or if an amended petition has been certified
924	insufficient for reasons other than the required number of
925	elector signatures, the committee may, within 5 days after
926	receiving the copy of such certificate, file a request that the
927	petition be reviewed by the town council. The town council shall
928	review the petition and its accompanying certificate at its next
929	meeting following the filing of such request and shall approve
930	or disapprove it. The town council's determination shall then be
931	a final determination as to the sufficiency of the petition.
932	(h)  A final determination as to the sufficiency of a
933	petition shall be subject to court review. A final determination
934	of insufficiency, even if sustained upon court review, shall not
935	prejudice the filing of a new petition for the same purpose.
936	(i)  The cost of checking the names on a petition against
937	the list of electors shall be borne by the petitioners'
938	committee.
939	(j)  When a referendum petition is filed with the town
940	clerk, the ordinance sought to be reconsidered shall be
941	suspended from taking effect. Such suspension shall terminate
942	when:
943	1.  There is a final determination of insufficiency of the
944	petition;
945	2.  The petitioners' committee withdraws the petition;
946	3.  The town council repeals the ordinance; or
947	4.  Thirty days have elapsed after a vote of the electors
948	of the town on the ordinance.
949	(k)  When an initiative or referendum petition has been
950	finally determined sufficient, the town council shall promptly
951	consider adoption of the proposed initiative ordinance or
952	reconsider the referred ordinance by voting its repeal. If,
953	within 60 days after the petition is determined sufficient, the
954	town council fails to adopt a proposed initiative ordinance
955	without any change in substance or fails to repeal the referred
956	ordinance, it shall submit the proposed or referred ordinance to
957	the electors of the town.
958	(l)  The election on a proposed or referred ordinance shall
959	be held not fewer than 30 days and not later than 1 year from
960	the date that the petition was determined sufficient. If no
961	regular town election is to be held within such period, the town
962	council shall provide for a special election; otherwise, the
963	vote shall be held at the same time as such regular election,
964	except that the town council may in its discretion provide for a
965	special election at an earlier date within such period. Copies
966	of the proposed or referred ordinance shall be made available at
967	the polls.
968	(m)  An initiative or referendum petition may be withdrawn
969	at any time prior to the 15th day preceding the day scheduled
970	for a vote of the town by filing with the town clerk or other
971	official designated by the town council a request for withdrawal
972	signed by at least four members of the petitioners' committee.
973	Upon the filing of such request, the petition shall have no
974	further force or effect and all proceedings thereon shall be
975	terminated.
976	(11)  RESULTS OF INITIATIVE OR REFERENDUM.--
977	(a)  If a majority of the electors voting in a referendum
978	on a proposed initiative ordinance votes in favor of it, it
979	shall be considered adopted upon certification of the election
980	results and shall be treated in all respects in the same manner
981	as ordinances adopted by the town council.
982	(b)  If a majority of the electors voting in a referendum
983	on a request to repeal an existing ordinance votes in favor of
984	repeal, the ordinance shall be considered repealed upon
985	certification of the election results.
986	Section 7.  General provisions.--
987	(1)  CONDUCT OF OFFICIALS IN OFFICE.--
988	(a)  All town council members, town officials, and town
989	employees shall be subject to the code of ethics for public
990	officers and employees set forth in part III of chapter 112,
991	Florida Statutes, as required by law.
992	(b)  The use of public office for private gain is
993	prohibited. The town council shall implement this prohibition by
994	ordinance, the terms of which shall address, but not be limited
995	to:
996	1.  Acting in an official capacity on matters in which the
997	official has a private financial interest clearly separate from
998	that of the general public.
999	2.  The acceptance of gifts and other things of value.
1000	3.  Acting in a private capacity on matters dealt with as a
1001	public official.
1002	4.  The use of confidential information.
1003	5.  Appearances by public officials before other town
1004	departments, offices, or agencies on behalf of private
1005	interests.
1006
1007	This ordinance shall include a statement of purpose and shall
1008	provide for reasonable public disclosure of finances by
1009	officials with major decisionmaking authority over monetary
1010	expenditures and regulatory matters. Insofar as permissible
1011	under state law, this ordinance may provide for fines and
1012	imprisonment for violations.
1013	(2)  PROHIBITIONS.--Except where authorized by law, neither
1014	the mayor nor any council member shall hold any other elected
1015	public office during the term for which the mayor or council
1016	member is elected. No elected town official shall hold any
1017	appointive town office or town employment while in office. No
1018	former elected town official shall hold any compensated
1019	appointive town office or town employment until 12 months after
1020	the expiration of his or her term. This subsection shall not
1021	prevent participation in, or compensation for, activities
1022	connected with any volunteer organization of the town.
1023	(3)  APPOINTMENTS AND REMOVALS.--Neither the council
1024	members nor the mayor shall in any manner control or demand the
1025	appointment or removal of any town administrative officer or
1026	employee whom the town administrator or any subordinate of the
1027	town administrator is empowered to appoint, but the town council
1028	may express its views and fully and freely discuss with the town
1029	administrator anything pertaining to appointment and removal of
1030	such officers and employees.
1031	(4)  INTERFERENCE WITH ADMINISTRATION.--Except for the
1032	purpose of inquiries and investigations, the town council and
1033	its members shall deal with the town officers and employees who
1034	are subject to the direction of the town administrator solely
1035	through the town administrator, and neither the town council nor
1036	its members shall give orders to any such officer or employee
1037	either publicly or privately.
1038	(5)  CAMPAIGN FINANCE.--
1039	(a)  The town council shall adopt ordinances to protect the
1040	ability of citizens to be informed of financing used in
1041	campaigns for local office. The ordinances shall provide for
1042	convenient public disclosure. Insofar as is permissible under
1043	state law, such regulations may also provide for fines and
1044	imprisonment for violations.
1045	(b)  The town council may adopt ordinances that limit
1046	contributions, time limits on fundraising, and public financing.
1047	(6)  LONG-RANGE PLAN.--The town council shall meet to
1048	discuss long-range goals and objectives that, when achieved,
1049	will sustain town operations and continued quality of life for
1050	inhabitants of the town. Each year, goals and objectives shall
1051	be established for 5, 10, and 20 years into the future. Once
1052	established, the goals and objectives shall be presented as a
1053	long-range plan at a meeting of the town council and documented
1054	in presentations and minutes of the meeting. Inputs shall be
1055	solicited from town residents during the preparation of the
1056	long-range plan.
1057	(7)  FIVE-YEAR FINANCIAL PLAN.--In accordance with the 5-
1058	5-year goals and objectives established in the long-range plan
1059	by the town council, the town council shall prepare a 5-year
1060	financial plan (FYFP). The FYFP shall be presented in
1061	conjunction with the annual budget and shall contain projected
1062	financial requirements necessary to support proposed plans and
1063	programs.
1064	(8)  EMERGENCY OPERATIONS.--The town council shall
1065	establish an emergency preparedness plan for the town. This plan
1066	shall be reviewed annually.
1067	(9)  DISSOLUTION.--The charter of this town may not be
1068	revoked except in accordance with the dissolution procedures of
1069	chapter 165, Florida Statutes.
1070	Section 8.  Charter amendment.--
1071	(1)  PROCEDURE TO AMEND THE CHARTER.--
1072	(a)  The town council may, by ordinance, propose amendments
1073	to this charter. Upon approval of the initiating ordinance by
1074	majority of the town council, the proposed amendment shall be
1075	placed on the ballot at the next regularly scheduled election,
1076	unless the amendment calls for placement on the ballot at a
1077	special election.
1078	(b)  The electors of the town may propose amendments to
1079	this charter by petition signed by 20 percent of the registered
1080	electors as of the last general election. Once the petition is
1081	verified, the proposed amendment shall be placed on the ballot
1082	at the next regularly scheduled ballot, unless the amendment
1083	calls for placement on the ballot at a special ballot. The
1084	proposed charter amendment will be published twice in the local
1085	paper not fewer than 30 days or more than 60 days before the
1086	scheduled election.
1087	(2)  CHARTER REVIEW.--The charter shall be reviewed no
1088	later than 3 years from the date the town was established. After
1089	the initial review, the charter shall be reviewed no more than
1090	once every 10 years. Each town council member shall appoint one
1091	person to a seven-member charter review committee. The charter
1092	review committee shall be appointed at least 6 months before the
1093	next scheduled election and complete its work and present any
1094	recommendations for change no later than 90 days before the
1095	election. The town council shall hold a minimum of two public
1096	hearings on the proposed changes prior to placement on the
1097	regularly scheduled ballot.
1098	(3)  RESULTS OF ELECTION.--If a majority of the electors
1099	voting on the proposed amendment passes the item, it shall be
1100	considered adopted upon certification of the election results.
1101	The town council shall have the amendment incorporated into the
1102	charter and shall file the revised charter with the Department
1103	of State.
1104	Section 9.  Land use, zoning, and development.--
1105	(1)  RURAL CHARACTER OF TOWN.--This section secures the
1106	foundation on which this town was formed and maintains the
1107	existing rural character of the town. "Rural" includes several
1108	key elements that constitute the makeup of the town. These
1109	elements include:
1110	(a)  Low development intensity and an abundance of
1111	agricultural lands.
1112	(b)  Inherent "green canopy" and natural preserve that
1113	currently covers the majority of the town.
1114	(c)  Inherent natural resources including aquifers,
1115	watersheds, wetlands, and the waterways of the Indian River
1116	Lagoon.
1117	(d)  Predominant and viable wildlife areas and protected
1118	species habitat.
1119	(e)  Small, family-owned and family-operated businesses.
1120	(f)  Commercial development as deemed appropriate to the
1121	character and emerging needs of the town.
1122	(2)  LAND USE, ZONING, AND DEVELOPMENT REQUIREMENTS.--In
1123	order to preserve and promote the existing rural elements listed
1124	in subsection (1), this section outlines land use, zoning, and
1125	development requirements and the requirements for approval of
1126	development intensity increases for any parcel within the
1127	boundaries of the town. The provisions of this section shall
1128	make it incumbent upon all future development to protect the
1129	rural elements of the town and:
1130	(a)  Continue the use of private wells as sources of
1131	potable water and the use of private septic recycling.
1132	(b)  Promote and preserve public lands and parks for
1133	community enjoyment.
1134	(c)  Protect and promote the wildlife and the wildlife
1135	habitat that coexist within the town.
1136	(d)  Preserve the natural view and existing scenic highway
1137	designation of U.S. Highway 1 through careful management of
1138	development along and within these natural assets.
1139
1140	By proactively managing future growth as a rural community and
1141	limiting impacts through thoughtful community-based planned
1142	development, the naturally existing rural character of the town
1143	will be sustained. To this end, the land development regulations
1144	and ordinances of the town shall uphold and enforce the goals
1145	and overall spirit of this section. All zoning in effect at the
1146	time of incorporation shall remain unchanged after incorporation
1147	(i.e. "grandfathered in"). All present county zoning
1148	classifications and land use designation terminology shall
1149	continue in effect until the town is established and the town's
1150	long-range comprehensive plan and future land use map are
1151	completed and adopted. A new long-range comprehensive plan and
1152	future land use map shall be completed and adopted within 1 year
1153	after incorporation.
1154	(3)  PROPOSED CHANGE; PRIOR NOTICE; VOTE REQUIRED.--Prior
1155	to voting on a proposed increase in development intensity,
1156	including, but not limited to, density levels, building heights,
1157	and traffic impacts, the town council shall notify all property
1158	owners inside the town whose property is within 1,500 feet of
1159	the proposed change. Notification shall occur no fewer than 30
1160	days prior to consideration by the town council. An affirmative
1161	vote of six or more members of the town council shall be
1162	required to enact any such proposed change.
1163	Section 10.  Transition.--
1164	(1)  CREATION AND ESTABLISHMENT OF THE TOWN.--
1165	(a)  For the purpose of compliance with general law
1166	relating to the assessment and collection of ad valorem taxes,
1167	the town is hereby created and established effective when
1168	approved by the electors at the August 1, 2006, special election
1169	and filed with the Secretary of State in the manner prescribed
1170	by law.
1171	(b)  The town name used in this charter is "Town of Grant-
1172	Valkaria." As a first act of home rule and to ensure community
1173	participation, residents will have the opportunity to select
1174	their town name. The elected town council shall set the
1175	procedures for the residents' selection of the town name within
1176	6 months after the first town council meeting.
1177	(2)  TEMPORAL NATURE OF TRANSITION SECTIONS OF
1178	CHARTER.--This section is inserted solely for the purpose of
1179	effecting the incorporation of the town and the transition from
1180	an unincorporated area of Brevard County to a new incorporated
1181	municipality. Each of the following subsections of this section
1182	shall automatically, and without further vote or act of the
1183	electors of the town, become ineffective and no longer a part of
1184	this charter at such time as the implementation of such
1185	subsection has been accomplished.
1186	(3)  FIRST TRANSITION PERIOD; CHARTER ACCEPTANCE TO FIRST
1187	ELECTION.--
1188	(a)  Since upon approval of the charter a governmental unit
1189	equivalent to the town does not exist to provide people with
1190	positions accredited to effect a transition, an interim council
1191	committed to the charter and the transition to town government
1192	shall be identified and authorized.
1193	(b)  Based on prior commitment to and involvement in the
1194	incorporation process, the Grant-Valkaria Preservation
1195	Committee-Steering Committee (GVPC-SC) is recognized as the
1196	appropriate body to select an interim council. The interim
1197	council shall transition from charter development and community
1198	organization by providing an interim town government during the
1199	time period between the approval of the charter and the
1200	dissolution of the interim council. Upon the certification of
1201	acceptance of the charter by the electors of the town, as
1202	reported by the Brevard County Supervisor of Elections, the
1203	GVPC-SC shall convene forthwith and identify five electors to
1204	act as interim town council members.
1205	(c)  Dissolution of the interim council shall occur at the
1206	beginning of the term of the first elected town council.
1207	(d)  The positions of interim council members shall be
1208	voluntary positions. Interim council members shall receive no
1209	compensation.
1210	(e)  Powers of the interim council shall be in accordance
1211	with this charter and shall include:
1212	1.  Preparing and adopting temporary regulations that are
1213	applicable only to the first town council election and designed
1214	to ensure its proper conduct, to prevent fraud, and to provide
1215	for recount of ballots in cases of doubt or fraud.
1216	2.  Providing a method for certification of candidates for
1217	the first town council election.
1218	3.  Scheduling the three community candidate forums as
1219	described in section 6 in preparation for the first town council
1220	election.
1221	4.  Coordinating with the Brevard County Supervisor of
1222	Elections with regard to the first town council election and to
1223	effect the timely receipt by the interim council of the official
1224	certification results for the town council election.
1225	5.  Scheduling the first town council meeting.
1226	6.  Enacting emergency ordinances as may be warranted to
1227	protect public safety.
1228	7.  Identifying and managing funds.
1229	8.  Filing applicable forms and requests for revenue
1230	sharing and other funding sources.
1231	9.  Disbursing funds for the purpose of conducting town
1232	business to include the funding of the first election of the
1233	town council. The moneys available for this purpose shall be
1234	those identified within the Proposed Town of Grant-Valkaria
1235	Municipal Incorporation Feasibility Study and shall accrue from
1236	the municipal ad valorem millage rate of 4.369 mills as applied
1237	to the total taxable value of the properties contained within
1238	the proposed boundaries of the Town of Grant-Valkaria as they
1239	accrue to the town general fund and from those funds accruing
1240	from all applicable state and county revenue-sharing programs as
1241	calculated effective from the first day of the month following
1242	the charter referendum, being the first day of legal status of
1243	the Town of Grant-Valkaria as a newly incorporated municipality
1244	within the state.
1245	(f)  Until otherwise modified or replaced by this charter
1246	or the council, all codes, ordinances, and resolutions of
1247	Brevard County in effect on the day of adoption of this charter
1248	shall, to the extent applicable to the town, remain in force and
1249	effect as municipal codes, ordinances, and resolutions of the
1250	town. Until otherwise determined by the council, said codes,
1251	ordinances, and resolutions shall be applied, interpreted, and
1252	implemented by the town in a manner consistent with established
1253	policies of Brevard County on the date of the adoption of this
1254	charter.
1255	(4)  FIRST ELECTION; TERMS OF COUNCIL MEMBERS AND MAYOR.--
1256	(a)  The first election for council members and mayor shall
1257	be held on November 7, 2006. For the first election, only
1258	electors who have resided within the proposed town boundaries,
1259	as described in section 1(5), for the 2 years preceding the date
1260	of the first election shall be eligible to hold the office of
1261	council member or mayor.
1262	(b)  At the first election under this charter, all six
1263	council members and the mayor shall be elected. The three
1264	council candidates receiving the greatest number of votes shall
1265	be duly elected council members and shall be designated as
1266	holding seats 1, 3, and 5, respectively. The three council
1267	candidates receiving the next greatest number of votes shall be
1268	duly elected council members and shall be designated as holding
1269	seats 2, 4, and 6, respectively. The candidate for mayor
1270	receiving the greatest number of votes shall be the duly elected
1271	mayor. Notwithstanding the date of the first election, the terms
1272	of the mayor and council members holding seats 1, 3, and 5 shall
1273	end 2 weeks after the general election in 2010, and the terms of
1274	council members holding seats 2, 4, and 6 shall end 2 weeks
1275	after the general election in 2008. Division of council seats
1276	into 4-year and 2-year terms is required in order to allow
1277	staggered terms of office.
1278	(5)  INITIAL EXPENSES.--The initial expenses of the town
1279	council, including the expense of recruiting a town
1280	administrator, shall be paid by the town on vouchers signed by
1281	the mayor. The town council, in order to provide moneys for the
1282	expenses and support of the town, shall have the power to borrow
1283	money, if necessary, for the operation of town government until
1284	such time as a budget is adopted and revenues accrue in
1285	accordance with the provisions of this charter. Notwithstanding
1286	the provisions of paragraph (3)(e), the amount borrowed shall be
1287	in accordance with and shall not exceed the projected revenues
1288	of the incorporation feasibility study for the town for fiscal
1289	year 2006-2007.
1290	(6)  TRANSITIONAL ORDINANCES AND RESOLUTIONS.--The town
1291	council shall adopt ordinances and resolutions required to
1292	effect the transition. Ordinances adopted within 60 days after
1293	the first regular council meeting may be passed as emergency
1294	ordinances.
1295	(7)  REVENUE SOURCE TRANSITION.--Until otherwise modified
1296	by the council, all municipal taxes and fees, including
1297	communications services taxes, imposed within the town
1298	boundaries by the county as the municipal government for
1299	unincorporated Brevard County, which taxes and fees are in
1300	effect on the date of adoption of this charter, shall continue
1301	at the same rate and under the same conditions as if those taxes
1302	and fees had been adopted and assessed by the town.
1303	(8)  TRANSITION CONTINUITY OF SERVICES.--To ensure that
1304	there is no discontinuity in the provision, level, or quality of
1305	municipal service delivery to the proposed town, and until such
1306	time as the town may enter into interlocal agreements with
1307	Brevard County regarding the provision of municipal services,
1308	all municipal services currently provided by Brevard County
1309	shall continue to be provided by Brevard County at the service
1310	levels existing at the time of municipal incorporation. All
1311	federal, state, grant, and other funding sources existing prior
1312	to the time the town is incorporated shall continue to be
1313	applied in the manner and at the level anticipated and projected
1314	by the Brevard County budget prior to the incorporation of the
1315	town. The future cost and level of municipal service delivery
1316	provided to the town by Brevard County beyond fiscal year 2006-
1317	2007 shall be negotiated and determined through an interlocal
1318	agreement between the town and appropriate representatives of
1319	Brevard County.
1320	(9)  STATE-SHARED REVENUES.--The town shall be entitled to
1321	participate in all shared revenue programs of the state,
1322	effective immediately on December 1, 2006. The provisions of
1323	section 218.23, Florida Statutes, shall be waived for the
1324	purpose of eligibility to receive revenue-sharing funds from
1325	December 1, 2006, through the end of state fiscal year 2008-
1326	2009. The provisions of section 218.26(3), Florida Statutes,
1327	shall be waived through state fiscal year 2008-2009, and the
1328	apportionment factors for the municipalities and counties shall
1329	be recalculated pursuant to section 218.245, Florida Statutes.
1330	The initial population estimates for calculating eligibility for
1331	shared revenues shall be determined by the University of Florida
1332	Bureau of Economic and Business Research as of the effective
1333	date of this charter. Should the bureau be unable to provide an
1334	appropriate population estimate, the initial population for
1335	calculating eligibility for shared revenues shall be established
1336	at the level of 3,907 as projected in the incorporation
1337	feasibility study.
1338	(10)  GAS TAX REVENUES.--Notwithstanding the requirements
1339	of section 336.025, Florida Statutes, to the contrary, the town
1340	shall be entitled to receive local option gas tax revenues
1341	beginning the first day of the month following the charter
1342	referendum. These revenues shall be distributed to the town as a
1343	fully eligible incorporated municipality of Brevard County in
1344	accordance with the distribution formula initially established
1345	and adopted on October 18, 1988, as part of the "Brevard County
1346	Local Option Gasoline Tax Revenue Distribution, Interlocal
1347	Agreement" and as amended by the Board of County Commissioners
1348	of Brevard County through Ordinance No. 99-40 as ratified on
1349	October 12, 1999, extending the Local Option Gas Tax Interlocal
1350	Agreement through August 31, 2021.
1351	(11)  SHARED REVENUES.--Beginning December 1, 2006, through
1352	December 31, 2007, Brevard County shall distribute to the town,
1353	from taxes, franchise fees, and ad valorem taxes, which include
1354	communication services taxes, revenues collected within the
1355	municipal boundaries of the town. This calculation shall be
1356	based upon a population projection of 3,907 residents for the
1357	town as estimated for the feasibility study in anticipation of
1358	the year 2008 census.
1359	Section 11.  Severability.--If any section or part of a
1360	section of this charter shall be held invalid by a court of
1361	competent jurisdiction, such holding shall not affect the
1362	remainder of this charter nor the context in which such section
1363	or partial section so held invalid may appear, except to the
1364	extent that an entire section or a partial section may be
1365	inseparably connected in meaning and effect with the section or
1366	partial section to which such holding shall directly apply.
1367	Section 12.  This act shall only take effect upon approval
1368	by a majority vote of those qualified electors of the area
1369	described in subsection (5) of section 1 voting in a referendum
1370	to be called by the Brevard County Supervisor of Elections on or
1371	before August 1, 2006, except that this section shall take
1372	effect upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.