Senate Bill sb1914

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    Florida Senate - 2006                                  SB 1914

    By Senator Haridopolos





    26-1542-06                                              See HB

  1                      A bill to be entitled

  2         An act relating to Town of Grant-Valkaria,

  3         Brevard County; creating the Town of

  4         Grant-Valkaria; providing a charter for the

  5         town; providing powers of the town; providing

  6         for liberal construction; providing for a town

  7         council-administrator form of government;

  8         providing corporate boundaries; providing that

  9         the town may contract with other governmental

10         entities; providing for a town council and its

11         powers and duties, compensation, and

12         membership; providing for a mayor and vice

13         mayor and their powers and duties; providing

14         for filling of vacancies; providing for

15         meetings of the town council; providing for

16         ordinances; restricting the use of eminent

17         domain; providing for a town administrator and

18         his or her powers and duties, appointment,

19         qualifications, and compensation; requiring the

20         town administrator to furnish a security bond;

21         providing for removal or absence of the town

22         administrator; providing that the town may

23         establish departments, offices, and agencies

24         and providing for administration of those under

25         the direction and supervision of the town

26         administrator; providing for a personnel

27         system; providing for a town attorney;

28         providing for land use, development, and

29         environmental planning; providing for

30         accounting procedures; specifying the fiscal

31         year of the town; requiring an annual audit;

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    Florida Senate - 2006                                  SB 1914
    26-1542-06                                              See HB




 1         providing for availability of financial records

 2         of the town; providing for public deposits;

 3         providing requirements for purchase or sale of

 4         real property by the town; providing for an

 5         annual budget; authorizing the levy of certain

 6         taxes within the town; prohibiting the issuance

 7         of certain bonds or entering into certain types

 8         of contracts unless approved by referendum;

 9         providing for emergency appropriations;

10         providing for town elections; providing for

11         conduct of officials in office; providing for

12         appointments and removals of town

13         administrative officers and employees;

14         providing that the town council shall deal with

15         the town administrator and not officers and

16         employees of the administrator; providing for

17         regulation of campaign financing; requiring a

18         long-range plan and a 5-year financial plan;

19         providing for emergency operations; providing

20         for dissolution; providing for charter

21         amendment and review; providing for regulation

22         of land use, zoning, and development; providing

23         for transition, including an interim council,

24         continuity and sources of revenues, and

25         continuity of services; providing severability;

26         requiring a referendum; providing an effective

27         date.

28  

29         WHEREAS, we, the people of the Town of Grant-Valkaria,

30  under the Constitution and laws of the State of Florida, in

31  order to secure the local benefits of self-government,

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    Florida Senate - 2006                                  SB 1914
    26-1542-06                                              See HB




 1  preserve our history, protect our future, maintain a rural

 2  quality of life, and foster responsible, community-controlled

 3  growth, have ratified this charter by referendum, and

 4         WHEREAS, this charter secures the benefits of home rule

 5  and affirms the value of representative democracy, strong

 6  community leadership, citizen participation, and regional

 7  cooperation, NOW, THEREFORE,

 8  

 9  Be It Enacted by the Legislature of the State of Florida:

10  

11         Section 1.  Town of Grant-Valkaria; charter; creation;

12  powers; construction; form of government; boundaries;

13  intergovernmental relations.--

14         (1)  CHARTER; CREATION.--This act, together with any

15  amendments thereto, may be known as the "Charter of the Town

16  of Grant-Valkaria," and the Town of Grant-Valkaria ("town") is

17  hereby created and established.

18         (2)  POWERS OF THE TOWN.--The town shall retain claim

19  to all power and legal rights granted to municipalities under

20  the Constitution and laws of the State of Florida as fully and

21  completely as though they were specifically enumerated in this

22  charter.

23         (3)  CONSTRUCTION.--The power of the town, under this

24  charter, shall be construed liberally in favor of the town.

25  The specific mention of particular powers in this charter

26  shall not be construed as limiting in any way the general

27  power granted in this section.

28         (4)  FORM OF GOVERNMENT.--The town shall have a town

29  council-administrator form of government, as defined in

30  sections 2 and 3.

31         (5)  CORPORATE BOUNDARIES.--

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    Florida Senate - 2006                                  SB 1914
    26-1542-06                                              See HB




 1  

 2         That area lying mostly North of Senne Road,

 3         East of Babcock Road, South of the City limits

 4         of Malabar, and West of the centerline of the

 5         Indian River Channel. Bounded on the North by

 6         the North lines of Sections 15, 14 and 13 of

 7         Township 29S, Range 37E, and Sections 18 and

 8         17, Township 29S, Range 38E, Brevard County,

 9         Florida, and its easterly projection to the

10         centerline of the Indian River Channel.

11  

12         Bounded on the East by a line beginning at the

13         centerline of the Indian River Channel and the

14         Easterly projection of the North line of

15         Section 17, Township 29 South, Range 38 East;

16         thence Southerly along said centerline of the

17         Indian River Channel to the Westerly projection

18         of the South line of the North 220 feet of GL-4

19         Section 10, Township 29 South, Range 38 East;

20         thence Easterly 3,150 Feet along said Westerly

21         projection of the South line of the North 220

22         feet of GL-4; thence due South to the Easterly

23         projection of the North line of GL-2 of Section

24         34, Township 29 South, Range 38 East; thence

25         Westerly along said Easterly projection of the

26         North line of GL-2 to the centerline of the

27         Indian River Channel; thence Southerly along

28         said centerline of the Indian River Channel to

29         the intersection of the Easterly projection of

30         the South line of Section 3, Township 30 South,

31         Range 38 East.

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    Florida Senate - 2006                                  SB 1914
    26-1542-06                                              See HB




 1  

 2         Bounded on the South by a line beginning at the

 3         intersection of the centerline of the Indian

 4         River channel and the Easterly projection of

 5         the South line of Section 3, Township 30 South,

 6         Range 38 East; thence Westerly along said South

 7         line and its Westerly projection to the East

 8         line of Tax Parcel 250, lying in Section 1,

 9         Township 30 South, Range 37 East, as recorded

10         in Official Records Book (ORB) 4258, Page 968

11         of the Public Records of Brevard County,

12         Florida; thence northerly along said East line

13         to the North line of said Section 1; thence

14         westerly along said North line and its westerly

15         projection to the East line of the SW 1/4 of

16         Section 34, Township 29 South, Range 37 East;

17         thence northerly along the East line of the SW

18         1/4 of said Section 34 to the South line of Tax

19         Parcel 762 as recorded in Official Records Book

20         4895, Page 625 of said Public Records; thence

21         easterly along the South line of said Tax

22         Parcel 762 to the East line of said Tax Parcel

23         762; thence northerly along said East line to

24         the North line of the SW 1/4 of said Section

25         34; thence westerly along the North line of the

26         SW 1/4 of said Section 34 to the intersection

27         of the centerline of Babcock St.

28  

29         Bounded on the West by the centerline of

30         Babcock St.

31         Except:

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    Florida Senate - 2006                                  SB 1914
    26-1542-06                                              See HB




 1         Tax Parcel 276 as recorded in Official Record

 2         Book 5193 Page 3598, in Section 27, Township 29

 3         South, Range 37 East, of Public Records of

 4         Brevard County, Florida.

 5  

 6         Tax Parcel 334 as recorded in Official Record

 7         Book 5193 Page 3629, in Section 27, Township 29

 8         South, Range 37 East, of Public Records of

 9         Brevard County, Florida.

10         Tax Parcel 335 as recorded in Official Record

11         Book 5193 Page 3562, in Section 27, Township 29

12         South, Range 37 East, of Public Records of

13         Brevard County, Florida.

14         Tax Parcel 336 as recorded in Official Record

15         Book 5193 Page 3831, in Section 27, Township 29

16         South, Range 37 East, of Public Records of

17         Brevard County, Florida.

18         Tax Parcel 504 as recorded in Official Record

19         Book 5375 Page 6773, in Section 27, Township 29

20         South, Range 37 East, of Public Records of

21         Brevard County, Florida.

22         Tax Parcel 278 as recorded in Official Record

23         Book 4003 page 3742, in Section 22, Township 29

24         South, Range 37 East, of Public Records of

25         Brevard County, Florida.

26         Tax Parcels 270 and 309, as recorded in

27         Official Record Book 4951 Page 1494, in Section

28         22, Township 29 South, Range 37 East, of Public

29         Records of Brevard County, Florida.

30  

31  

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    Florida Senate - 2006                                  SB 1914
    26-1542-06                                              See HB




 1         AND in the SW 1/4 of Section 15, Township 29

 2         South, Range 37 East being more particularly

 3         described as follows:

 4         Tax Parcel 519, 573, 536, 572, 532, 549, 533,

 5         575, 534, 554, 535, 515 and 540 as recorded in

 6         the Official Record Book 4607 page 3439 of the

 7         Public Records of Brevard County, Florida.

 8  

 9         Except: All of land described in ORB 4643 page

10         324, in Section 15, Township 29 South, Range 37

11         East, as recorded in Public Records of Brevard

12         County, Florida

13         AKA as tax parcels:

14         Tax parcel 277, as recorded in ORB 4167 page

15         3180

16         Tax parcel 278, as recorded in ORB 4167 page

17         3180

18         Tax parcel 279, as recorded in ORB 4167 page

19         3180

20         Tax parcel 280, as recorded in ORB 4167 page

21         3180

22         Tax parcel 281, as recorded in ORB 4237 page

23         679

24         Tax parcel 290, as recorded in ORB 4237 page

25         680

26         Tax parcel 298, as recorded in ORB 4237 page

27         681

28         and,

29  

30         The South 435.00 feet of the West 350.00 feet

31         of Lot 24, Florida Indian River Land Company

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    Florida Senate - 2006                                  SB 1914
    26-1542-06                                              See HB




 1         Subdivision, as recorded in Plat Book 1, Page

 2         165, of the Public Records of Brevard County,

 3         Florida, less and except the South 35.00 feet

 4         and the West 50.00 feet thereof.

 5  

 6         (6)  INTERGOVERNMENTAL RELATIONS.--The town may

 7  participate by contract or otherwise with any governmental

 8  entity of the state, or any other state or states of the

 9  United States, in the performance of any activity that one or

10  more of such entities have the authority to undertake.

11         Section 2.  Town council; mayor; vice mayor;

12  ordinances; eminent domain.--

13         (1)  TOWN COUNCIL.--The term "council" means the

14  Grant-Valkaria Town Council and includes the mayor.

15         (a)  The town council shall consist of six council

16  members and one mayor, for a total of seven members, all of

17  whom shall be elected at large and in accordance with section

18  6. The council members shall occupy seats numbered 1 through

19  6.

20         (b)  Four or more members of the town council shall

21  constitute a majority, and five or more members of the town

22  council shall constitute a supermajority. A majority of the

23  town council shall constitute a quorum, but a smaller number

24  may adjourn as required and may compel the attendance of

25  absent members in the manner and subject to any penalties

26  prescribed by rules adopted by the town council.

27         (c)  All powers of the town shall be vested in the

28  elected town council, except as otherwise provided by law or

29  by this charter.

30         (2)  MAYOR.--The mayor shall preside at meetings of the

31  town council. The mayor shall be a regular voting member of

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    Florida Senate - 2006                                  SB 1914
    26-1542-06                                              See HB




 1  the town council. The mayor shall be recognized as the head of

 2  town government for all ceremonial purposes; for purposes of

 3  military law; for service of process and execution of town

 4  council authorized contracts, deeds, and other documents; and

 5  as the town official designated to represent the town when

 6  dealing with other governmental entities on behalf of the

 7  town.

 8         (3)  VICE MAYOR.--The vice mayor shall act as mayor in

 9  the absence of the mayor. The vice mayor shall be elected from

10  among council members for a term of 1 year or until his or her

11  successor is elected. A council member shall not serve

12  consecutive terms as vice mayor unless no other council member

13  is willing to serve as vice mayor.

14         (4)  VACANCIES.--The office of a town council member

15  shall become vacant upon the incumbent's death, resignation,

16  or removal from office in any manner authorized by law or by

17  forfeiture of his or her office.

18         (a)  A town council member shall forfeit his or her

19  seat if at any time during his or her term he or she ceases to

20  maintain his or her permanent residence in the town or if he

21  or she otherwise ceases to be a qualified elector of the town.

22         (b)  Any member of the town council shall be subject to

23  forfeiture of his or her office if he or she is absent without

24  good cause from any three consecutive regular meetings of the

25  council or if he or she is absent without good cause from any

26  four regular meetings of the council within any 12-month

27  period.

28         (c)  The town council shall be the sole judge of the

29  qualifications of its members and shall hear all questions

30  relating to forfeiture of a council member's office, including

31  whether good cause for absence has been or may be established.

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    Florida Senate - 2006                                  SB 1914
    26-1542-06                                              See HB




 1  The burden of establishing good cause shall be on the council

 2  member in question; however, any council member may at any

 3  time during any duly held meeting move to establish good cause

 4  for his or her absence or the absence of any other council

 5  member from any past, present, or future meeting or meetings,

 6  which motion, if carried, shall be conclusive.

 7         (d)  A council member whose qualifications are in

 8  question or who is otherwise subject to forfeiture of his or

 9  her office shall not vote on any such matters. The council

10  member in question shall be entitled to a public hearing on

11  requests regarding an alleged forfeiture of office. If a

12  public hearing is requested, notice thereof shall be published

13  in one or more newspapers of general circulation in the town

14  at least 1 week in advance of the hearing.

15         (e)  Any final determination by the town council that a

16  council member has forfeited his or her office shall be made

17  by resolution. All votes and other acts of the council member

18  in question prior to the effective date of such resolution

19  shall be valid regardless of the grounds of forfeiture.

20         (5)  FILLING OF VACANCIES.--

21         (a)  A vacancy on the town council shall be filled by a

22  majority vote of the remaining members of the town council,

23  unless at the time of the vacancy there are fewer than 6

24  months remaining before the next regular election of town

25  council members, in which case the town council shall have the

26  discretion to leave the seat vacant until the next regular

27  election of town council members. Any person appointed by the

28  town council to fill a vacancy shall hold office until the

29  next regular town council election. The elected replacement

30  shall serve the remaining term for the vacated seat.

31  

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    Florida Senate - 2006                                  SB 1914
    26-1542-06                                              See HB




 1         (b)  In the event that all the members of the town

 2  council are removed by death, disability, recall, forfeiture

 3  of office, resignation, or any combination thereof, the

 4  Governor shall appoint an interim town council. The interim

 5  town council shall call a special election within not fewer

 6  than 60 days or more than 90 days after such appointment. Such

 7  election shall be held in the same manner as the initial

 8  elections under this charter. However, if there are fewer than

 9  6 months remaining in the unexpired terms, the interim town

10  council appointed by the Governor shall serve out the

11  unexpired terms.

12         (c)  Persons filling vacancies shall meet the

13  qualifications specified in section 6(8).

14         (d)  Notwithstanding any quorum requirements

15  established herein, if at any time the full membership of the

16  town council is reduced to less than a quorum, the remaining

17  members may, by unanimous vote, appoint additional members to

18  the extent permitted or required under this subsection.

19         (6)  COMPENSATION; REIMBURSEMENT FOR EXPENSES.--

20         (a)  The council members shall serve as town volunteers

21  and shall not be compensated.

22         (b)  The council members shall receive reimbursement

23  for council-approved expenses in accordance with applicable

24  law, or as may be otherwise provided by ordinance, for

25  authorized travel and per diem expenses incurred in the

26  performance of their official duties. An ordinance

27  establishing, increasing, or decreasing reimbursement for

28  expenses of the council members may be adopted at any time.

29         (7)  INVESTIGATIONS.--The town council may make

30  investigations into the affairs of the town and the conduct of

31  any town department, office, or agency and for this purpose

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    Florida Senate - 2006                                  SB 1914
    26-1542-06                                              See HB




 1  may subpoena witnesses, administer oaths, take testimony, and

 2  require the production of evidence.

 3         (8)  MEETINGS.--

 4         (a)  The town council shall hold a minimum of 11

 5  monthly meetings in each fiscal year at such times and places

 6  as the town council may prescribe by rule. Special meetings

 7  may be held on the call of the mayor or four or more members

 8  and, whenever feasible, upon no less than 24 hours' notice to

 9  each member. Except as otherwise provided by general law, all

10  meetings shall be public.

11         (b)  The town council shall determine its own rules and

12  order of business and procedure; however, in the absence of

13  same, the latest edition of Robert's Rules of Order shall be

14  used. The town council shall provide for keeping the journal

15  of its proceedings, which journal shall be a public record

16  except as otherwise provided by general law.

17         (c)  During all town council votes, the individual

18  votes as cast by each person on the town council shall be

19  recorded in the journal of that meeting. No action of the town

20  council, except as otherwise provided in this charter, shall

21  be valid or binding unless adopted by a majority decision.

22  Except as otherwise provided in this charter, all land use and

23  quasi-judicial items shall require a supermajority decision.

24         (9)  ORDINANCES.--In addition to other acts required by

25  law or by specific provision of this charter to be done by

26  ordinance, those acts of the town council shall be done by

27  ordinance, in accordance with the provisions of this charter,

28  which:

29         (a)  Adopt or amend an administrative code or

30  establish, alter, or abolish any town department, office, or

31  agency;

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    Florida Senate - 2006                                  SB 1914
    26-1542-06                                              See HB




 1         (b)  Regulate land use and development;

 2         (c)  Levy taxes;

 3         (d)  Grant, renew, or extend a franchise;

 4         (e)  Regulate the rate charged by a public utility for

 5  its services;

 6         (f)  Authorize the borrowing of money;

 7         (g)  Convey or lease, or authorize the conveyance or

 8  lease of, any lands of the town;

 9         (h)  Provide for a fine or other penalty or establish a

10  rule or regulation for violation of which a fine or other

11  penalty is imposed;

12         (i)  Amend or repeal any ordinance previously adopted;

13  or

14         (j)  Adopt, with or without amendment, ordinances

15  proposed under the initiative power.

16  

17  Acts other than those referred to in this subsection may be

18  done either by ordinance or by resolution.

19         (10)  EMINENT DOMAIN.--In no case shall the town

20  council exercise its powers of eminent domain or condemnation

21  to acquire property for private development purposes,

22  regardless of the public good such eminent domain or

23  condemnation might support.

24         (11)  ORDINANCES IN GENERAL.--

25         (a)  Every proposed ordinance shall be introduced in

26  writing and in the form required for final adoption. No

27  ordinance shall contain more than one subject, which shall be

28  clearly expressed in its title. The enacting clause shall

29  read, "The Town of Grant-Valkaria hereby ordains:". Any

30  ordinance that repeals or amends an existing ordinance or part

31  of the town code shall set out in full the ordinance and the

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    Florida Senate - 2006                                  SB 1914
    26-1542-06                                              See HB




 1  sections or subsections to be repealed or amended and shall

 2  indicate matters to be omitted by enclosing brackets or by

 3  strikeout type and shall indicate new matters by italics or by

 4  underscoring.

 5         (b)  Any member of the town council at any regular or

 6  special meeting of the town council may introduce an

 7  ordinance. Upon introduction of any ordinance, the town clerk

 8  shall distribute a copy to each council member and the town

 9  administrator, shall file a reasonable number of copies in the

10  office of the town clerk and such other public places as the

11  town council may designate, and shall publish the ordinance

12  together with a notice setting out the time and place for a

13  public hearing thereon and for its consideration by the town

14  council. The public hearing shall follow the publication by at

15  least 7 calendar days, may be held separately or in connection

16  with a regular or special town council meeting, and may be

17  adjourned from time to time; all persons interested shall have

18  an opportunity to be heard. After the hearing, the town

19  council may adopt the ordinance with or without amendment or

20  reject it, but if it is amended as to any matter of substance,

21  the town council may not adopt it until the ordinance or its

22  amended sections have been subjected to all the procedures

23  hereinbefore required in the case of a newly introduced

24  ordinance. As soon as feasible after adoption, the clerk shall

25  have the ordinance and a notice of its adoption published and

26  available at a reasonable price. As used in this section, the

27  term "publish" means to provide in the contemporary means of

28  information sharing, which includes, but is not limited to,

29  one or more newspapers of general circulation in the town and,

30  if available, in a website, the ordinance or a brief summary

31  thereof, the places where copies of it have been filed, and

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    Florida Senate - 2006                                  SB 1914
    26-1542-06                                              See HB




 1  the times when they are available for public inspection and

 2  purchase at a reasonable price.

 3         (c)  Except as otherwise provided in this charter,

 4  every adopted ordinance shall become effective at the

 5  expiration of 30 days after adoption or at any later date

 6  specified therein.

 7         (d)  To meet a public emergency affecting life, health,

 8  property, or the public peace, the town council may adopt one

 9  or more emergency ordinances, but such ordinances may not levy

10  taxes; grant, renew, or extend a franchise; regulate the rate

11  charged by any public utility for its services; or authorize

12  the borrowing of money except as provided in section 5(8). An

13  emergency ordinance shall be introduced in the form and manner

14  prescribed for ordinances generally, except that it shall be

15  plainly designated as an emergency ordinance and shall

16  contain, after the enacting clause, a declaration stating that

17  an emergency exists and describing it in clear and specific

18  terms. An emergency ordinance may be adopted with or without

19  amendment or rejected at the meeting at which it is

20  introduced, but the affirmative vote of four or more members

21  shall be required for adoption. After its adoption, the

22  ordinance shall be published as prescribed for other adopted

23  ordinances. It shall become effective upon adoption or at such

24  later time as it may specify. Every emergency ordinance except

25  an emergency appropriation as described in section 5(9) shall

26  automatically stand repealed as of the 61st day following the

27  date on which it was adopted, but this shall not prevent

28  reenactment of the ordinance in the manner specified in this

29  section if the emergency still exists. An emergency ordinance

30  may also be repealed by adoption of a repealing ordinance in

31  

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    Florida Senate - 2006                                  SB 1914
    26-1542-06                                              See HB




 1  the same manner specified in this section for adoption of

 2  emergency ordinances.

 3         (e)  The town council may adopt any standard code of

 4  technical regulations by reference thereto in an adopting

 5  ordinance. The procedure and requirements governing such an

 6  adopting ordinance shall be as prescribed for ordinances

 7  generally, except that:

 8         1.  The requirements of this charter for distribution

 9  and filing of copies of the ordinance shall be construed to

10  include copies of the code of technical regulations as well as

11  of the adopting ordinance.

12         2.  A copy of each adopted code of technical

13  regulations as well as of the adopting ordinance shall be

14  authenticated and recorded by the town clerk pursuant to this

15  charter.

16         3.  Copies of any adopted code of technical regulations

17  shall be made available by the town clerk for distribution or

18  for purchase at a reasonable price, consistent with the

19  current year's budget.

20         (f)  The town clerk shall authenticate by signing and

21  shall record in full in a properly indexed document kept for

22  that purpose all ordinances and resolutions adopted by the

23  town council.

24         (g)  Within 3 years after adoption of this charter and

25  at least every 10 years thereafter, the town council shall

26  provide for the preparation of a general codification of all

27  town ordinances and resolutions having the force and effect of

28  law. The general codification shall be adopted by the town

29  council by ordinance and shall be published, together with

30  this charter and any amendments thereto, pertinent provisions

31  of the constitution and other laws of the state, and such

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    Florida Senate - 2006                                  SB 1914
    26-1542-06                                              See HB




 1  codes of technical regulations and other rules and regulations

 2  as the town council may specify. This compilation shall be

 3  known and cited officially as the Grant-Valkaria Town Code.

 4  Copies of the code shall be furnished to town officers, placed

 5  in libraries, in public offices, and, if available, on a

 6  website for free public reference, and made available for

 7  purchase by the public at a reasonable price fixed by the town

 8  council.

 9         (h)  The town council shall cause each ordinance and

10  resolution having the force and effect of law and each

11  amendment to this charter to be published promptly following

12  its adoption, and the published ordinances, resolutions, and

13  charter amendments shall be distributed or sold to the public

14  at reasonable prices as fixed by the town council. Following

15  publication of the first Grant-Valkaria Town Code and at all

16  times thereafter, the ordinances, resolutions, and charter

17  amendments shall be published in substantially the same style

18  as the code currently in effect and shall be suitable in form

19  for integration therein. The town council shall make such

20  further arrangements as it deems desirable with respect to

21  reproduction and distribution of any changes in or additions

22  to the provisions of the Constitution and laws of the State of

23  Florida or the codes of technical regulations and other rules

24  and regulations included in the code.

25         Section 3.  Town administrator.--

26         (1)  APPOINTMENT; QUALIFICATIONS; COMPENSATION.--The

27  town council, by majority vote, shall appoint a town

28  administrator for an indefinite term and set the town

29  administrator's compensation. The town administrator shall be

30  appointed primarily on the basis of education and experience

31  in the accepted competencies and practices of local government

                                  17

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    Florida Senate - 2006                                  SB 1914
    26-1542-06                                              See HB




 1  management. The town administrator need not be a resident of

 2  the town or state at the time of appointment but may reside

 3  outside the town while in office only with the approval of the

 4  town council. The town administrator is continuously

 5  responsible to the town council, the elected representatives

 6  of the people.

 7         (2)  REMOVAL.--The town council may request the

 8  resignation of the town administrator. If the town

 9  administrator declines to resign at the town council's

10  request, the town council may suspend the administrator by a

11  resolution approved by a majority of the town council. Such

12  resolution shall set forth the reasons for suspension and

13  proposed removal. A copy of such resolution shall be served

14  immediately upon the town administrator. The town

15  administrator shall have 15 days in which to reply thereto in

16  writing and, upon request, shall be afforded a public hearing,

17  which shall occur not earlier than 10 days or later than 15

18  days after such hearing is requested. After the public

19  hearing, if one is requested, and after full consideration,

20  the town council, by a majority vote, may adopt a final

21  resolution of removal. The town administrator shall continue

22  to receive full salary until the effective date of a final

23  resolution of removal.

24         (3)  ABSENCE OR DISABILITY.--

25         (a)  To perform his or her duties during his or her

26  temporary absence or disability, the town administrator may

27  designate, by letter filed with the town clerk, an interim

28  town administrator.

29         (b)  In the event of failure or inability of the town

30  administrator to make such designation, or should the person

31  so designated by the town administrator be unsatisfactory to

                                  18

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    Florida Senate - 2006                                  SB 1914
    26-1542-06                                              See HB




 1  the town council, the town council may by resolution appoint

 2  an interim town administrator to perform the duties of the

 3  town administrator until he or she returns or his or her

 4  disability ceases.

 5         (4)  POWERS AND DUTIES.--The town administrator shall

 6  be the chief executive officer of the town, responsible to the

 7  town council for the management of all town affairs placed in

 8  the town administrator's charge by or under this charter. The

 9  town administrator shall:

10         (a)  Hire or fill existing positions, including the

11  town clerk, and when the town administrator deems it necessary

12  for the good of the town, suspend or remove town employees,

13  except as otherwise provided by law or this charter. The town

14  administrator may serve as town clerk.

15         (b)  Direct and supervise the administration of all

16  departments and offices, but not town boards or agencies,

17  except as otherwise directed by the town council or provided

18  by this charter.

19         (c)  Attend all town council meetings. The town

20  administrator shall have the right to take part in discussion

21  but shall not have the right to vote.

22         (d)  Ensure that all laws, provisions of this charter,

23  and acts of the town council, subject to enforcement by the

24  town administrator or by officers subject to the town

25  administrator's direction and supervision, are faithfully

26  executed.

27         (e)  Prepare and submit the annual budget and capital

28  program, as specified in section 5, to the town council and

29  implement the final budget approved by the town council to

30  achieve the goals of the town.

31  

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    Florida Senate - 2006                                  SB 1914
    26-1542-06                                              See HB




 1         (f)  Submit to the town council, and make available to

 2  the public, a complete report on the financial and

 3  administrative activities of the town as of the end of each

 4  fiscal year.

 5         (g)  Prepare such other reports as the town council may

 6  require concerning the operations of town departments,

 7  offices, boards, and agencies.

 8         (h)  Keep the town council fully advised as to the

 9  financial condition and current and future needs of the town.

10         (i)  Assist the town council in developing long-term

11  goals for the town and strategies to implement these goals.

12         (j)  Make recommendations to the town council

13  concerning the affairs of the town and facilitate the work of

14  the town council in developing policy.

15         (k)  Provide staff support services for the mayor and

16  council members.

17         (l)  Encourage and provide staff support for regional

18  and intergovernmental cooperation.

19         (m)  Promote partnerships among the town council,

20  staff, and citizens in developing public policy and building a

21  sense of community.

22         (n)  Perform all such other duties as are specified in

23  this charter or that may be required by the town council.

24         (5)  BOND.--The town administrator and, where

25  applicable, an interim town administrator shall furnish a

26  security bond to be approved by the town council, in such

27  amount as the town council may specify, such bond to be

28  conditioned on the faithful performance of his or her duties.

29  The premium of the bond shall be paid by the town.

30         Section 4.  Departments, offices, and agencies; town

31  attorney; land use.--

                                  20

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    Florida Senate - 2006                                  SB 1914
    26-1542-06                                              See HB




 1         (1)  CREATION OF DEPARTMENTS, OFFICES, AND

 2  AGENCIES.--The town council may establish town departments,

 3  offices, and agencies in addition to those created by this

 4  charter and shall prescribe the functions of all departments,

 5  offices, and agencies. No function assigned by this charter to

 6  a particular department, office, or agency may be discontinued

 7  or assigned to any other unless specified by this charter.

 8         (2)  DIRECTION BY TOWN ADMINISTRATOR.--All departments,

 9  offices, and agencies under the direction and supervision of

10  the town administrator shall be administered by an officer

11  appointed by and subject to the direction and supervision of

12  the town administrator. With the consent of the town council,

13  the town administrator may serve as the head of one or more

14  such departments, offices, or agencies or may appoint one

15  person as the head of two or more of them.

16         (3)  PERSONNEL SYSTEM.--

17         (a)  All appointments and promotions of town officers

18  and employees shall be made primarily on the basis of merit or

19  other evidence of competence.

20         (b)  Consistent with all applicable federal and state

21  laws, the town council shall provide by ordinance for the

22  establishment, regulation, and maintenance of a merit system

23  governing personnel policies necessary to effective

24  administration of the employees of the town's departments,

25  offices, and agencies.

26         (4)  TOWN ATTORNEY.--The town council shall appoint the

27  town attorney by an affirmative vote of a majority of the town

28  council. The town council shall establish a contract term for

29  the town attorney that includes scheduled reviews. The town

30  attorney shall report to the town council to serve as chief

31  legal adviser to the town council, the town administrator, and

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    Florida Senate - 2006                                  SB 1914
    26-1542-06                                              See HB




 1  all town departments, offices, and agencies. Compensation and

 2  benefits of the town attorney shall be set by the town

 3  council. The town attorney shall be a member in good standing

 4  of The Florida Bar. The town council may remove the town

 5  attorney at any time by an affirmative vote of a majority of

 6  the town council. The town attorney shall take office

 7  immediately on appointment, and the terms and conditions shall

 8  be reduced to a written contract. The town council shall have

 9  the authority to engage such additional legal counsel as it

10  deems advisable and necessary.

11         (5)  LAND USE, DEVELOPMENT, AND ENVIRONMENTAL

12  PLANNING.--Consistent with all applicable federal and state

13  laws with respect to land use, development, and environmental

14  planning, the town council shall:

15         (a)  Designate an agency or agencies to carry out the

16  planning function and such decisionmaking responsibilities as

17  may be specified by ordinance or in section 9.

18         (b)  Adopt a comprehensive plan and determine to what

19  extent zoning and other land use control ordinances must be

20  consistent with the plan.

21         (c)  Determine to what extent the comprehensive plan

22  and zoning and other land use ordinances must be consistent

23  with regional plans.

24         (d)  Adopt development regulations, to be specified by

25  ordinance, to implement the plan.

26  

27  The designated agency, the town administrator, and the town

28  council shall seek to act in cooperation with other

29  jurisdictions and organizations in their region to promote

30  integrated approaches to regional issues.

31         Section 5.  Finances.--

                                  22

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    Florida Senate - 2006                                  SB 1914
    26-1542-06                                              See HB




 1         (1)  ACCOUNTING PROCEDURES.--The town administrator

 2  shall prescribe and require, except as may be prescribed and

 3  required by law, the use of plain and uniform systems of

 4  keeping books of accounts by all town departments, officers,

 5  or employees who are charged with the receipt or disbursements

 6  of any of the funds of the town or who may be authorized to

 7  purchase materials and supplies or to employ labor for the

 8  town.

 9         (2)  FISCAL YEAR.--The fiscal year of the town shall

10  begin with the first day of October in each year and end on

11  the last day of September of the following year, as set forth

12  in section 166.241, Florida Statutes.

13         (3)  ANNUAL AUDIT.--The town council shall retain a

14  certified public accountant to be the independent auditor of

15  accounts of the town. It shall be the duty of the auditor to

16  audit the accounts of the town and all its officers whose duty

17  involves the collection, custody, and payment of moneys to or

18  by the town. The auditor shall, on or before April 15 of each

19  year, make and deliver a detailed report of any and all

20  accounts, records, and books from the previous fiscal year

21  examined and audited by him or her, which report under his or

22  her hand and seal shall be made available for public

23  inspection.

24         (4)  PUBLIC FINANCIAL RECORDS.--The town administrator

25  shall regularly make available as public records at a suitable

26  location all major revenues and expenditures of the town for a

27  given fiscal year. This information shall be made available,

28  at a minimum, quarterly.

29         (5)  PUBLIC DEPOSITS.--All public deposits shall be

30  made in qualified public depositories and shall be secured as

31  provided by state law.

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    Florida Senate - 2006                                  SB 1914
    26-1542-06                                              See HB




 1         (6)  PURCHASE, SALE, AND LEASE OF REAL PROPERTY.--All

 2  purchases or sales of real property by the town or leases of

 3  town-owned property are subject to public notice and hearing

 4  before action is taken by the town council. Such action shall

 5  require a supermajority vote of the town council. The public

 6  notice shall be of the same extent and nature as that required

 7  by general law for rezoning.

 8         (7)  ANNUAL BUDGET.--

 9         (a)  Submission of annual budget.--On or before July 15

10  of each year, the town administrator shall submit a budget in

11  accordance with state law. It shall outline the financial

12  policies of the town for the ensuing fiscal year, describe the

13  important features of the budget, indicate any major changes

14  from the current year in fiscal policy, summarize the town's

15  fiscal position, and include any other material as the town

16  administrator deems necessary.

17         (b)  Town council action on the budget.--

18         1.  The town council shall adopt a budget for the

19  ensuing fiscal year by resolution on or before September 30 of

20  each year.

21         2.  The town council shall not authorize or allow to be

22  authorized a budget that exceeds the reasonably expected

23  revenue for the ensuing fiscal year.

24         (c)  Budget financial procedures.--

25         1.  If at any time during the fiscal year it appears

26  probable to the town administrator that the revenues available

27  will be insufficient to meet the amount appropriated in the

28  budget, the town administrator shall report to the town

29  council without delay. The town council shall then take action

30  to prevent or minimize any deficit and for that purpose may,

31  by resolution, reduce one or more appropriations.

                                  24

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    Florida Senate - 2006                                  SB 1914
    26-1542-06                                              See HB




 1         2.  The town administrator shall have full authority to

 2  transfer unencumbered funds between different programs within

 3  a department, office, or agency. The town administrator shall

 4  not have the authority to transfer funds between departments,

 5  offices, or agencies.

 6         3.  The town council may, by resolution, transfer or

 7  otherwise allocate or reallocate part or all of any

 8  unencumbered balance within a department, office, or agency to

 9  any other department, office, or agency.

10         (d)  Budget as public record.--Copies of the budget as

11  adopted shall be public record and shall be made available to

12  the public at a suitable location in the town.

13         (8)  TAXATION AND REVENUE.--

14         (a)  Property taxable.--All property, real or personal,

15  in the town not expressly exempt by state law shall be subject

16  to taxation by the town within the limits set forth by the

17  State Constitution and general law.

18         (b)  Authority of town to levy taxes.--The town council

19  shall have the right to raise, by taxation on the taxable

20  property within the corporate limits of the town and on

21  licenses, such amounts as may be necessary to carry on the

22  government of the town, within the limits set forth by the

23  State Constitution and general law. The town council shall

24  have the right to levy such additional taxes, within the

25  limits set forth by the State Constitution and general law, as

26  may be necessary to pay the interest on, and to provide a

27  sinking fund for the ultimate redemption of, the outstanding

28  bonds of the town as may from time to time be issued in

29  accordance with law and to pay any lawful judgment that the

30  town may be compelled to satisfy.

31  

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    Florida Senate - 2006                                  SB 1914
    26-1542-06                                              See HB




 1         (c)  Borrowing money; selling bonds.--Unless authorized

 2  by the electors of the town at a duly held referendum

 3  election, the town council shall not authorize or allow to be

 4  authorized the issuance of revenue bonds or enter into

 5  lease-purchase contracts or any other unfunded multiyear

 6  contracts for the purchase of real property or the

 7  construction of capital improvements the repayment of which

 8  extends beyond the end of any fiscal year.

 9         (9)  EMERGENCY APPROPRIATIONS.--To address a public

10  emergency affecting life, health, property, or the public

11  peace, the town council may make emergency appropriations.

12  Such appropriations may be made by emergency ordinance in

13  accordance with the provisions of section 2. To the extent

14  that there are no available unappropriated revenues or a

15  sufficient fund balance to meet such appropriations, the town

16  council may by such emergency ordinance authorize the issuance

17  of emergency notes, which may be renewed from time to time,

18  but the emergency notes and renewals of any fiscal year shall

19  be paid or refinanced as long-term debt not later than the

20  last day of the fiscal year next succeeding that in which the

21  emergency appropriation was made.

22         Section 6.  Town elections.--

23         (1)  CONDUCT OF ELECTIONS.--The provisions of the

24  general election laws of the state shall apply to all

25  elections held under this charter. The town council may, by

26  ordinance, make all regulations it considers needful or

27  desirable, not inconsistent with this charter, for the conduct

28  of municipal elections and for the prevention of fraud

29  therein. Nothing in this charter shall preclude the town

30  council from authorizing the administration of town elections

31  by the county supervisor of elections.

                                  26

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    Florida Senate - 2006                                  SB 1914
    26-1542-06                                              See HB




 1         (a)  Regular elections.--The regular town elections

 2  shall be held every 2 years beginning on November 7, 2006,

 3  coincident with county, state, and national elections. Poll

 4  workers and clerks of elections, if required, shall be

 5  appointed by the Brevard County Supervisor of Elections.

 6         (b)  Special elections.--Special elections, when

 7  required, shall be scheduled by the town council at such times

 8  and in such manner as shall be consistent with this charter

 9  and state law.

10         (c)  Single candidates.--No election for a town council

11  seat shall be required in any election if there is only one

12  duly qualified candidate for that seat.

13         (d)  Electors.--Any person who is a resident of the

14  town, is qualified as an elector of the state, and is

15  registered to vote in the manner prescribed by law shall be an

16  elector of the town.

17         (e)  Nonpartisan elections.--All elections for the

18  offices of council member and mayor shall be conducted on a

19  nonpartisan basis.

20         (2)  COMMENCEMENT OF TERMS.--The term of office of any

21  elected official shall commence 2 weeks after the election.

22         (3)  OATH OF OFFICE.--All elected officers, before

23  entering upon their duties, shall take and subscribe to the

24  following oath of office: "I do solemnly swear (or affirm)

25  that I will support, protect, and defend the Constitution and

26  Government of the United States and of the State of Florida

27  and the charter of the Town of Grant-Valkaria; that I am duly

28  qualified to hold office under the Constitution of the State

29  and of the charter of the Town of Grant-Valkaria; that I will

30  well and faithfully perform the duties of (mayor or council

31  member) upon which I am about to enter; and that I will work

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    Florida Senate - 2006                                  SB 1914
    26-1542-06                                              See HB




 1  to preserve and promote the history, environment, and rural

 2  character of the Town of Grant-Valkaria."

 3         (4)  METHOD OF ELECTING COUNCIL MEMBERS.--The ballot

 4  for the general election shall contain the names of all

 5  qualified candidates for council members and the number of

 6  seats up for election. The ballot shall instruct electors to

 7  cast one vote for each open council seat. The candidates who

 8  receive the largest number of votes shall be the duly elected

 9  council members and shall be designated as holding a specific

10  council seat number. Council seat numbers shall be assigned

11  such that the lowest seat number available is given to the

12  candidate who receives the largest number of votes.

13         (5)  METHOD OF ELECTING THE MAYOR.--If the mayor's term

14  is expiring, the ballot for the general election shall contain

15  the names of all qualified candidates for mayor and shall

16  instruct electors to cast one vote for mayor. The candidate

17  for mayor receiving the largest number of votes shall be the

18  duly elected mayor.

19         (6)  TIE VOTES.--In the event of a tie for the office

20  of council member or mayor, the winner shall be determined by

21  lot.

22         (7)  CANDIDATE FORUMS.--The town shall sponsor and

23  budget for a minimum of three candidate forums. Each candidate

24  for mayor or council seat shall participate in a minimum of

25  two candidate forums.

26         (8)  QUALIFYING OF CANDIDATES FOR OFFICE OF COUNCIL

27  MEMBER OR MAYOR.--

28         (a)  Only electors of the town who have resided in the

29  town for the 2 years preceding the date of filing for

30  candidacy shall be eligible to hold the office of council

31  member or mayor.

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    Florida Senate - 2006                                  SB 1914
    26-1542-06                                              See HB




 1         (b)  Candidates for council member or mayor shall

 2  qualify for election by the filing of a written notice of

 3  candidacy with the clerk of the town at such time and in such

 4  manner as may be prescribed by ordinance, plus payment of any

 5  fees required by general law as a qualifying fee. The

 6  candidate shall submit a qualifying statement, as prescribed

 7  by ordinance, with the signatures of at least 1 percent of the

 8  total number of electors at the last general election, and pay

 9  any required filing fee.

10         (c)  The qualifying period shall not be less than 45

11  days and not more than 60 days prior to the elections. If

12  there is an insufficient number of candidates at the

13  conclusion of the qualifying period, all candidates shall be

14  seated according to paragraph (1)(c) and subsection (6). The

15  qualifying period shall be extended 5 business days for the

16  remaining open seat or seats.

17         (d)  A person may not be a candidate for more than one

18  office in the same election.

19         (9)  INITIATIVE, CITIZEN REFERENDUM, AND RECALL.--

20         (a)  The electors of the town shall have power to

21  propose ordinances to the town council; however, such power

22  shall not extend to the budget or capital program or any

23  ordinance relating to appropriation of money, levy of taxes,

24  or salaries of town employees. If the town council fails to

25  adopt the proposed ordinance or a modification thereof, the

26  electors shall have the power to adopt or reject it at a town

27  election.

28         (b)  The electors of the town shall have the power to

29  require reconsideration by the town council of any adopted

30  ordinance. If the town council fails to repeal an ordinance so

31  reconsidered, the electors may approve or reject it at a town

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    Florida Senate - 2006                                  SB 1914
    26-1542-06                                              See HB




 1  election. However, such power of reconsideration shall not

 2  extend to the budget or capital program or any emergency

 3  ordinance or ordinance relating to appropriation of money,

 4  levy of taxes, or salaries of town employees.

 5         (c)  The electors of the town shall have the power to

 6  remove from office any elected official of the town in

 7  accordance with general law.

 8         (10)  INITIATIVE AND REFERENDUM PROCEEDINGS.--

 9         (a)  Any five electors may commence initiative or

10  referendum proceedings by filing with the town clerk an

11  affidavit stating that they will constitute the petitioners'

12  committee, stating that they will be responsible for

13  circulating the petition and filing it in proper form, stating

14  their names and addresses, specifying the address to which all

15  notices to the petitioners' committee are to be sent, and

16  setting out in full the proposed initiative ordinance or the

17  proposed amendment or repeal action relating to an existing

18  ordinance. The town clerk shall promptly file the affidavit

19  with the town administrator so that it can be placed on the

20  agenda for the next town council meeting. If the proposed

21  ordinance is in the correct form and is compatible with the

22  town charter and general and special law, the town council

23  shall promptly consider the proposal on its merits and

24  substance. If deficiencies of form or legality exist, the

25  proposal shall be returned to its sponsors for correction and

26  resubmission. If the town council delays, rejects, changes, or

27  refuses to consider a proposed ordinance or amendment or

28  repeal request for reasons that fail to satisfy its sponsors,

29  the proposed ordinance or amendment or repeal request may be

30  submitted to referendum by petition. Production of petition

31  

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    Florida Senate - 2006                                  SB 1914
    26-1542-06                                              See HB




 1  forms and validation of signatures shall be the responsibility

 2  of the petitioners' committee.

 3         (b)  Referendum and initiative petitions must be signed

 4  by electors of the town, as certified by the Brevard County

 5  Supervisor of Elections, equal in number to at least 20

 6  percent of the total number of electors voting at the last

 7  regular election.

 8         (c)  All papers of a petition shall be uniform in size

 9  and style and shall be assembled as one instrument for filing.

10  Each signature shall be executed in ink or indelible pencil

11  and shall be followed by the address of the person signing.

12  Referendum and initiative petitions shall contain or shall

13  have attached to them throughout their circulation the full

14  text of the proposed ordinance, amendment, or repeal request.

15         (d)  Each paper of a petition shall have attached to

16  it, when filed, an affidavit executed by its circulator

17  stating that the circulator personally circulated the paper,

18  giving the number of signatures on the paper, and stating that

19  all the signatures were affixed in the circulator's presence,

20  that the circulator believes them to be the genuine signatures

21  of the persons whose names they purport to be, and that each

22  signer had an opportunity before signing to read the full text

23  of the proposed ordinance, amendment, or repeal request.

24         (e)  Referendum petitions must be filed within 30 days

25  after adoption by the town council of the ordinance sought to

26  be reconsidered.

27         (f)  Within 20 days after the petition is filed, the

28  town clerk shall complete a certificate as to its sufficiency,

29  specifying, if it is insufficient, the particulars in which it

30  is defective, and shall within 2 working days send a copy of

31  the certificate to the petitioners' committee by registered

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    Florida Senate - 2006                                  SB 1914
    26-1542-06                                              See HB




 1  mail. Verification of electors shall be as certified by the

 2  Brevard County Supervisor of Elections. A petition certified

 3  insufficient for lack of the required number of valid

 4  signatures may be amended once if the petitioners' committee

 5  files a notice of intention to amend it with the town clerk

 6  within 5 days after receiving the copy of the certificate and

 7  if the petitioners' committee files a supplementary petition

 8  upon additional papers within 10 days after receiving the copy

 9  of the certificate. Such supplementary petition shall comply

10  with the requirements of paragraphs (c) and (d). Within 20

11  days after a supplementary petition is filed, the town clerk

12  shall complete a certificate as to the sufficiency of the

13  petition as amended and shall promptly send a copy of such

14  certificate to the petitioners' committee by registered mail.

15  If a petition or amended petition is certified sufficient, or

16  if a petition or amended petition is certified insufficient

17  and the petitioners' committee does not elect to amend or to

18  request town council review under paragraph (g) within the

19  time required, the town clerk shall promptly present the

20  certificate to the town council, and the certificate shall

21  then be a final determination as to the sufficiency of the

22  petition.

23         (g)  If a petition has been certified insufficient for

24  reasons other than the required number of elector signatures

25  and the petitioners' committee does not file notice of

26  intention to amend it, or if an amended petition has been

27  certified insufficient for reasons other than the required

28  number of elector signatures, the committee may, within 5 days

29  after receiving the copy of such certificate, file a request

30  that the petition be reviewed by the town council. The town

31  council shall review the petition and its accompanying

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    Florida Senate - 2006                                  SB 1914
    26-1542-06                                              See HB




 1  certificate at its next meeting following the filing of such

 2  request and shall approve or disapprove it. The town council's

 3  determination shall then be a final determination as to the

 4  sufficiency of the petition.

 5         (h)  A final determination as to the sufficiency of a

 6  petition shall be subject to court review. A final

 7  determination of insufficiency, even if sustained upon court

 8  review, shall not prejudice the filing of a new petition for

 9  the same purpose.

10         (i)  The cost of checking the names on a petition

11  against the list of electors shall be borne by the

12  petitioners' committee.

13         (j)  When a referendum petition is filed with the town

14  clerk, the ordinance sought to be reconsidered shall be

15  suspended from taking effect. Such suspension shall terminate

16  when:

17         1.  There is a final determination of insufficiency of

18  the petition;

19         2.  The petitioners' committee withdraws the petition;

20         3.  The town council repeals the ordinance; or

21         4.  Thirty days have elapsed after a vote of the

22  electors of the town on the ordinance.

23         (k)  When an initiative or referendum petition has been

24  finally determined sufficient, the town council shall promptly

25  consider adoption of the proposed initiative ordinance or

26  reconsider the referred ordinance by voting its repeal. If,

27  within 60 days after the petition is determined sufficient,

28  the town council fails to adopt a proposed initiative

29  ordinance without any change in substance or fails to repeal

30  the referred ordinance, it shall submit the proposed or

31  referred ordinance to the electors of the town.

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    Florida Senate - 2006                                  SB 1914
    26-1542-06                                              See HB




 1         (l)  The election on a proposed or referred ordinance

 2  shall be held not fewer than 30 days and not later than 1 year

 3  from the date that the petition was determined sufficient. If

 4  no regular town election is to be held within such period, the

 5  town council shall provide for a special election; otherwise,

 6  the vote shall be held at the same time as such regular

 7  election, except that the town council may in its discretion

 8  provide for a special election at an earlier date within such

 9  period. Copies of the proposed or referred ordinance shall be

10  made available at the polls.

11         (m)  An initiative or referendum petition may be

12  withdrawn at any time prior to the 15th day preceding the day

13  scheduled for a vote of the town by filing with the town clerk

14  or other official designated by the town council a request for

15  withdrawal signed by at least four members of the petitioners'

16  committee. Upon the filing of such request, the petition shall

17  have no further force or effect and all proceedings thereon

18  shall be terminated.

19         (11)  RESULTS OF INITIATIVE OR REFERENDUM.--

20         (a)  If a majority of the electors voting in a

21  referendum on a proposed initiative ordinance votes in favor

22  of it, it shall be considered adopted upon certification of

23  the election results and shall be treated in all respects in

24  the same manner as ordinances adopted by the town council.

25         (b)  If a majority of the electors voting in a

26  referendum on a request to repeal an existing ordinance votes

27  in favor of repeal, the ordinance shall be considered repealed

28  upon certification of the election results.

29         Section 7.  General provisions.--

30         (1)  CONDUCT OF OFFICIALS IN OFFICE.--

31  

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    Florida Senate - 2006                                  SB 1914
    26-1542-06                                              See HB




 1         (a)  All town council members, town officials, and town

 2  employees shall be subject to the code of ethics for public

 3  officers and employees set forth in part III of chapter 112,

 4  Florida Statutes, as required by law.

 5         (b)  The use of public office for private gain is

 6  prohibited. The town council shall implement this prohibition

 7  by ordinance, the terms of which shall address, but not be

 8  limited to:

 9         1.  Acting in an official capacity on matters in which

10  the official has a private financial interest clearly separate

11  from that of the general public.

12         2.  The acceptance of gifts and other things of value.

13         3.  Acting in a private capacity on matters dealt with

14  as a public official.

15         4.  The use of confidential information.

16         5.  Appearances by public officials before other town

17  departments, offices, or agencies on behalf of private

18  interests.

19  

20  This ordinance shall include a statement of purpose and shall

21  provide for reasonable public disclosure of finances by

22  officials with major decisionmaking authority over monetary

23  expenditures and regulatory matters. Insofar as permissible

24  under state law, this ordinance may provide for fines and

25  imprisonment for violations.

26         (2)  PROHIBITIONS.--Except where authorized by law,

27  neither the mayor nor any council member shall hold any other

28  elected public office during the term for which the mayor or

29  council member is elected. No elected town official shall hold

30  any appointive town office or town employment while in office.

31  No former elected town official shall hold any compensated

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    Florida Senate - 2006                                  SB 1914
    26-1542-06                                              See HB




 1  appointive town office or town employment until 12 months

 2  after the expiration of his or her term. This subsection shall

 3  not prevent participation in, or compensation for, activities

 4  connected with any volunteer organization of the town.

 5         (3)  APPOINTMENTS AND REMOVALS.--Neither the council

 6  members nor the mayor shall in any manner control or demand

 7  the appointment or removal of any town administrative officer

 8  or employee whom the town administrator or any subordinate of

 9  the town administrator is empowered to appoint, but the town

10  council may express its views and fully and freely discuss

11  with the town administrator anything pertaining to appointment

12  and removal of such officers and employees.

13         (4)  INTERFERENCE WITH ADMINISTRATION.--Except for the

14  purpose of inquiries and investigations, the town council and

15  its members shall deal with the town officers and employees

16  who are subject to the direction of the town administrator

17  solely through the town administrator, and neither the town

18  council nor its members shall give orders to any such officer

19  or employee either publicly or privately.

20         (5)  CAMPAIGN FINANCE.--

21         (a)  The town council shall adopt ordinances to protect

22  the ability of citizens to be informed of financing used in

23  campaigns for local office. The ordinances shall provide for

24  convenient public disclosure. Insofar as is permissible under

25  state law, such regulations may also provide for fines and

26  imprisonment for violations.

27         (b)  The town council may adopt ordinances that limit

28  contributions, time limits on fundraising, and public

29  financing.

30         (6)  LONG-RANGE PLAN.--The town council shall meet to

31  discuss long-range goals and objectives that, when achieved,

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    Florida Senate - 2006                                  SB 1914
    26-1542-06                                              See HB




 1  will sustain town operations and continued quality of life for

 2  inhabitants of the town. Each year, goals and objectives shall

 3  be established for 5, 10, and 20 years into the future. Once

 4  established, the goals and objectives shall be presented as a

 5  long-range plan at a meeting of the town council and

 6  documented in presentations and minutes of the meeting. Inputs

 7  shall be solicited from town residents during the preparation

 8  of the long-range plan.

 9         (7)  FIVE-YEAR FINANCIAL PLAN.--In accordance with the

10  5-year goals and objectives established in the long-range plan

11  by the town council, the town council shall prepare a 5-year

12  financial plan (FYFP). The FYFP shall be presented in

13  conjunction with the annual budget and shall contain projected

14  financial requirements necessary to support proposed plans and

15  programs.

16         (8)  EMERGENCY OPERATIONS.--The town council shall

17  establish an emergency preparedness plan for the town. This

18  plan shall be reviewed annually.

19         (9)  DISSOLUTION.--The charter of this town may not be

20  revoked except in accordance with the dissolution procedures

21  of chapter 165, Florida Statutes.

22         Section 8.  Charter amendment.--

23         (1)  PROCEDURE TO AMEND THE CHARTER.--

24         (a)  The town council may, by ordinance, propose

25  amendments to this charter. Upon approval of the initiating

26  ordinance by majority of the town council, the proposed

27  amendment shall be placed on the ballot at the next regularly

28  scheduled election, unless the amendment calls for placement

29  on the ballot at a special election.

30         (b)  The electors of the town may propose amendments to

31  this charter by petition signed by 20 percent of the

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    Florida Senate - 2006                                  SB 1914
    26-1542-06                                              See HB




 1  registered electors as of the last general election. Once the

 2  petition is verified, the proposed amendment shall be placed

 3  on the ballot at the next regularly scheduled election, unless

 4  the amendment calls for placement on the ballot at a special

 5  election. The proposed charter amendment will be published

 6  twice in the local paper not fewer than 30 days or more than

 7  60 days before the scheduled election.

 8         (2)  CHARTER REVIEW.--The charter shall be reviewed no

 9  later than 3 years from the date the town was established.

10  After the initial review, the charter shall be reviewed no

11  more than once every 10 years. Each town council member shall

12  appoint one person to a seven-member charter review committee.

13  The charter review committee shall be appointed at least 6

14  months before the next scheduled election and complete its

15  work and present any recommendations for change no later than

16  90 days before the election. The town council shall hold a

17  minimum of two public hearings on the proposed changes prior

18  to placement on the regularly scheduled ballot.

19         (3)  RESULTS OF ELECTION.--If a majority of the

20  electors voting on the proposed amendment passes the item, it

21  shall be considered adopted upon certification of the election

22  results. The town council shall have the amendment

23  incorporated into the charter and shall file the revised

24  charter with the Department of State.

25         Section 9.  Land use, zoning, and development.--

26         (1)  RURAL CHARACTER OF TOWN.--This section secures the

27  foundation on which this town was formed and maintains the

28  existing rural character of the town. "Rural" includes several

29  key elements that constitute the makeup of the town. These

30  elements include:

31  

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    Florida Senate - 2006                                  SB 1914
    26-1542-06                                              See HB




 1         (a)  Low development intensity and an abundance of

 2  agricultural lands.

 3         (b)  Inherent "green canopy" and natural preserve that

 4  currently covers the majority of the town.

 5         (c)  Inherent natural resources including aquifers,

 6  watersheds, wetlands, and the waterways of the Indian River

 7  Lagoon.

 8         (d)  Predominant and viable wildlife areas and

 9  protected species habitat.

10         (e)  Small, family-owned and family-operated

11  businesses.

12         (f)  Commercial development as deemed appropriate to

13  the character and emerging needs of the town.

14         (2)  LAND USE, ZONING, AND DEVELOPMENT

15  REQUIREMENTS.--In order to preserve and promote the existing

16  rural elements listed in subsection (1), this section outlines

17  land use, zoning, and development requirements and the

18  requirements for approval of development intensity increases

19  for any parcel within the boundaries of the town. The

20  provisions of this section shall make it incumbent upon all

21  future development to protect the rural elements of the town

22  and:

23         (a)  Continue the use of private wells as sources of

24  potable water and the use of private septic recycling.

25         (b)  Promote and preserve public lands and parks for

26  community enjoyment.

27         (c)  Protect and promote the wildlife and the wildlife

28  habitat that coexist within the town.

29         (d)  Preserve the natural view and existing scenic

30  highway designation of U.S. Highway 1 through careful

31  

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    Florida Senate - 2006                                  SB 1914
    26-1542-06                                              See HB




 1  management of development along and within these natural

 2  assets.

 3  

 4  By proactively managing future growth as a rural community and

 5  limiting impacts through thoughtful community-based planned

 6  development, the naturally existing rural character of the

 7  town will be sustained. To this end, the land development

 8  regulations and ordinances of the town shall uphold and

 9  enforce the goals and overall spirit of this section. All

10  zoning in effect at the time of incorporation shall remain

11  unchanged after incorporation (i.e. "grandfathered in"). All

12  present county zoning classifications and land use designation

13  terminology shall continue in effect until the town is

14  established and the town's long-range comprehensive plan and

15  future land use map are completed and adopted. A new

16  long-range comprehensive plan and future land use map shall be

17  completed and adopted within 1 year after incorporation.

18         (3)  PROPOSED CHANGE; PRIOR NOTICE; VOTE

19  REQUIRED.--Prior to voting on a proposed increase in

20  development intensity, including, but not limited to, density

21  levels, building heights, and traffic impacts, the town

22  council shall notify all property owners inside the town whose

23  property is within 1,500 feet of the proposed change.

24  Notification shall occur no fewer than 30 days prior to

25  consideration by the town council. An affirmative vote of six

26  or more members of the town council shall be required to enact

27  any such proposed change.

28         Section 10.  Transition.--

29         (1)  CREATION AND ESTABLISHMENT OF THE TOWN.--

30         (a)  For the purpose of compliance with general law

31  relating to the assessment and collection of ad valorem taxes,

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    Florida Senate - 2006                                  SB 1914
    26-1542-06                                              See HB




 1  the town is hereby created and established effective when

 2  approved by the electors at the August 1, 2006, special

 3  election and filed with the Secretary of State in the manner

 4  prescribed by law.

 5         (b)  The town name used in this charter is "Town of

 6  Grant-Valkaria." As a first act of home rule and to ensure

 7  community participation, residents will have the opportunity

 8  to select their town name. The elected town council shall set

 9  the procedures for the residents' selection of the town name

10  within 6 months after the first town council meeting.

11         (2)  TEMPORAL NATURE OF TRANSITION SECTIONS OF

12  CHARTER.--This section is inserted solely for the purpose of

13  effecting the incorporation of the town and the transition

14  from an unincorporated area of Brevard County to a new

15  incorporated municipality. Each of the following subsections

16  of this section shall automatically, and without further vote

17  or act of the electors of the town, become ineffective and no

18  longer a part of this charter at such time as the

19  implementation of such subsection has been accomplished.

20         (3)  FIRST TRANSITION PERIOD; CHARTER ACCEPTANCE TO

21  FIRST ELECTION.--

22         (a)  Since upon approval of the charter a governmental

23  unit equivalent to the town does not exist to provide people

24  with positions accredited to effect a transition, an interim

25  council committed to the charter and the transition to town

26  government shall be identified and authorized.

27         (b)  Based on prior commitment to and involvement in

28  the incorporation process, the Grant-Valkaria Preservation

29  Committee-Steering Committee (GVPC-SC) is recognized as the

30  appropriate body to select an interim council. The interim

31  council shall transition from charter development and

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    Florida Senate - 2006                                  SB 1914
    26-1542-06                                              See HB




 1  community organization by providing an interim town government

 2  during the time period between the approval of the charter and

 3  the dissolution of the interim council. Upon the certification

 4  of acceptance of the charter by the electors of the town, as

 5  reported by the Brevard County Supervisor of Elections, the

 6  GVPC-SC shall convene forthwith and identify five electors to

 7  act as interim town council members.

 8         (c)  Dissolution of the interim council shall occur at

 9  the beginning of the term of the first elected town council.

10         (d)  The positions of interim council members shall be

11  voluntary positions. Interim council members shall receive no

12  compensation.

13         (e)  Powers of the interim council shall be in

14  accordance with this charter and shall include:

15         1.  Preparing and adopting temporary regulations that

16  are applicable only to the first town council election and

17  designed to ensure its proper conduct, to prevent fraud, and

18  to provide for recount of ballots in cases of doubt or fraud.

19         2.  Providing a method for certification of candidates

20  for the first town council election.

21         3.  Scheduling the three community candidate forums as

22  described in section 6 in preparation for the first town

23  council election.

24         4.  Coordinating with the Brevard County Supervisor of

25  Elections with regard to the first town council election and

26  to effect the timely receipt by the interim council of the

27  official certification results for the town council election.

28         5.  Scheduling the first town council meeting.

29         6.  Enacting emergency ordinances as may be warranted

30  to protect public safety.

31         7.  Identifying and managing funds.

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    Florida Senate - 2006                                  SB 1914
    26-1542-06                                              See HB




 1         8.  Filing applicable forms and requests for revenue

 2  sharing and other funding sources.

 3         9.  Disbursing funds for the purpose of conducting town

 4  business to include the funding of the first election of the

 5  town council. The moneys available for this purpose shall be

 6  those identified within the Proposed Town of Grant-Valkaria

 7  Municipal Incorporation Feasibility Study and shall accrue

 8  from the municipal ad valorem millage rate of 4.369 mills as

 9  applied to the total taxable value of the properties contained

10  within the proposed boundaries of the Town of Grant-Valkaria

11  as they accrue to the town general fund and from those funds

12  accruing from all applicable state and county revenue-sharing

13  programs as calculated effective from the first day of the

14  month following the charter referendum, being the first day of

15  legal status of the Town of Grant-Valkaria as a newly

16  incorporated municipality within the state.

17         (f)  Until otherwise modified or replaced by this

18  charter or the council, all codes, ordinances, and resolutions

19  of Brevard County in effect on the day of adoption of this

20  charter shall, to the extent applicable to the town, remain in

21  force and effect as municipal codes, ordinances, and

22  resolutions of the town. Until otherwise determined by the

23  council, said codes, ordinances, and resolutions shall be

24  applied, interpreted, and implemented by the town in a manner

25  consistent with established policies of Brevard County on the

26  date of the adoption of this charter.

27         (4)  FIRST ELECTION; TERMS OF COUNCIL MEMBERS AND

28  MAYOR.--

29         (a)  For the first election, only electors who have

30  resided within the proposed town boundaries, as described in

31  section 1(5), for the 2 years preceding the date of the first

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    Florida Senate - 2006                                  SB 1914
    26-1542-06                                              See HB




 1  election shall be eligible to hold the office of council

 2  member or mayor.

 3         (b)  At the first election under this charter, all six

 4  council members and the mayor shall be elected. The three

 5  council candidates receiving the greatest number of votes

 6  shall be duly elected council members and shall be designated

 7  as holding seats 1, 3, and 5, respectively. The three council

 8  candidates receiving the next greatest number of votes shall

 9  be duly elected council members and shall be designated as

10  holding seats 2, 4, and 6, respectively. The candidate for

11  mayor receiving the greatest number of votes shall be the duly

12  elected mayor. Notwithstanding the date of the first election,

13  the terms of the mayor and council seats 1, 3, and 5 shall end

14  2 weeks after the general election in 2010, and the terms of

15  council seats 2, 4, and 6 shall end 2 weeks after the general

16  election in 2008. Division of council seats into 4-year and

17  2-year terms is required in order to allow staggered terms of

18  office.

19         (5)  INITIAL EXPENSES.--The initial expenses of the

20  town council, including the expense of recruiting a town

21  administrator, shall be paid by the town on vouchers signed by

22  the mayor. The town council, in order to provide moneys for

23  the expenses and support of the town, shall have the power to

24  borrow money, if necessary, for the operation of town

25  government until such time as a budget is adopted and revenues

26  accrue in accordance with the provisions of this charter.

27  Notwithstanding the provisions of paragraph (3)(e), the amount

28  borrowed shall be in accordance with and shall not exceed the

29  projected revenues of the incorporation feasibility study for

30  the town for fiscal year 2006-2007.

31  

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    Florida Senate - 2006                                  SB 1914
    26-1542-06                                              See HB




 1         (6)  TRANSITIONAL ORDINANCES AND RESOLUTIONS.--The town

 2  council shall adopt ordinances and resolutions required to

 3  effect the transition. Ordinances adopted within 60 days after

 4  the first regular council meeting may be passed as emergency

 5  ordinances.

 6         (7)  REVENUE SOURCE TRANSITION.--Until otherwise

 7  modified by the council, all municipal taxes and fees imposed

 8  within the town boundaries by the county as the municipal

 9  government for unincorporated Brevard County, which taxes and

10  fees are in effect on the date of adoption of this charter,

11  shall continue at the same rate and on the same conditions as

12  if those taxes and fees had been adopted and assessed by the

13  town.

14         (8)  TRANSITION CONTINUITY OF SERVICES.--To ensure that

15  there is no discontinuity in the provision, level, or quality

16  of municipal service delivery to the proposed town, and until

17  such time as the town may enter into interlocal agreements

18  with Brevard County regarding the provision of municipal

19  services, all municipal services currently provided by Brevard

20  County will continue to be provided by Brevard County at the

21  service levels existing at the time of municipal

22  incorporation. All federal, state, grant, and other funding

23  sources existing prior to the time the town is incorporated

24  shall continue to be applied in the manner and at the level

25  anticipated and projected by the Brevard County Budget prior

26  to the incorporation of the town. The future cost and level of

27  municipal service delivery provided to the town by Brevard

28  County beyond fiscal year 2006-2007 shall be negotiated and

29  determined through interlocal agreement between the town and

30  appropriate representatives of Brevard County.

31  

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    Florida Senate - 2006                                  SB 1914
    26-1542-06                                              See HB




 1         (9)  STATE-SHARED REVENUES.--The town shall be entitled

 2  to participate in all shared revenue programs of the state,

 3  effective immediately on the date of incorporation. The

 4  provisions of section 218.23, Florida Statutes, shall be

 5  waived for the purpose of eligibility to receive

 6  revenue-sharing funds from the date of incorporation through

 7  the end of state fiscal year 2005-2006. The provisions of

 8  section 218.26(3), Florida Statutes, shall be waived for state

 9  fiscal year 2005-2006, and the apportionment factors for the

10  municipalities and counties shall be recalculated pursuant to

11  section 218.245, Florida Statutes. The initial population

12  estimates for calculating eligibility for shared revenues

13  shall be determined by the University of Florida Bureau of

14  Economic and Business Research as of the effective date of

15  this charter. Should the bureau be unable to provide an

16  appropriate population estimate, the initial population for

17  calculating eligibility for shared revenues shall be

18  established at the level of 3,907 as projected in the

19  incorporation feasibility study.

20         (10)  GAS TAX REVENUES.--Notwithstanding the

21  requirements of section 336.025, Florida Statutes, to the

22  contrary, the town shall be entitled to receive local option

23  gas tax revenues beginning the first day of the month

24  following the charter referendum. These revenues shall be

25  distributed to the town as a fully eligible incorporated

26  municipality of Brevard County in accordance with the

27  distribution formula initially established and adopted on

28  October 18, 1988, as part of the "Brevard County Local Option

29  Gasoline Tax Revenue Distribution, Interlocal Agreement" and

30  as amended by the Board of County Commissioners of Brevard

31  County through Ordinance No. 99-40 as ratified on October 12,

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    Florida Senate - 2006                                  SB 1914
    26-1542-06                                              See HB




 1  1999, extending the Local Option Gas Tax Interlocal Agreement

 2  through August 31, 2021.

 3         (11)  SHARED REVENUES.--Brevard County shall distribute

 4  to the town, from taxes, franchise fees, and ad valorem taxes,

 5  revenues collected within the municipal boundaries of the

 6  town. This calculation shall be based upon a population

 7  projection of 3,907 residents for the town as estimated for

 8  the feasibility study in anticipation of the year 2008 census.

 9         Section 11.  Severability.--If any section or part of a

10  section of this charter shall be held invalid by a court of

11  competent jurisdiction, such holding shall not affect the

12  remainder of this charter nor the context in which such

13  section or partial section so held invalid may appear, except

14  to the extent that an entire section or a partial section may

15  be inseparably connected in meaning and effect with the

16  section or partial section to which such holding shall

17  directly apply.

18         Section 12.  This act shall only take effect upon

19  approval by a majority vote of those qualified electors of the

20  area described in subsection (5) of section 1 voting in a

21  referendum to be called by the Brevard County Supervisor of

22  Elections on or before August 1, 2006, except that this

23  section shall take effect upon becoming a law.

24  

25  

26  

27  

28  

29  

30  

31  

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