HB 951

1	A bill to be entitled
2	An act relating to Palm Beach County; creating the Town of
3	Loxahatchee Groves; providing a charter; providing
4	legislative intent; providing a council-manager form of
5	government; providing boundaries; providing municipal
6	powers; providing for a town council; providing for
7	membership, qualifications, terms, powers, and duties of
8	its members, including the mayor; providing for a vice
9	mayor; providing general powers and duties; providing
10	circumstances resulting in vacancy in office; providing
11	grounds for forfeiture and suspension; providing for
12	filling of vacancies; providing for compensation and
13	expenses; providing for appointment of charter officers,
14	including a town manager and town attorney; providing for
15	removal, compensation, and filling of vacancies; providing
16	qualifications, powers, and duties; providing for
17	meetings; providing for adoption, distribution, and
18	recording of technical codes; providing for recordkeeping;
19	providing a limitation upon employment of council members;
20	prohibiting certain interference with town employees;
21	establishing the fiscal year; providing for adoption of
22	annual budget and appropriations; providing for
23	supplemental, reduction, and transfer of appropriations;
24	providing for limitations; providing for referendum
25	requirements for revenue bonds and other multiyear
26	contracts; providing for financial audit; providing for
27	nonpartisan elections and matters relative thereto;
28	providing for recall; providing for initiative and
29	referenda; providing for future amendments of the charter;
30	providing for standards of conduct in office; providing
31	for severability; providing for a personnel system;
32	providing for charitable contributions; providing for land
33	use changes; providing the town a transitional schedule
34	and procedures for first election; providing for first-
35	year expenses; providing for adoption of transitional
36	ordinances, resolutions, comprehensive plan, and local
37	development regulations; providing for accelerated
38	entitlement to state-shared revenues; providing for gas
39	tax revenue; providing for continuation of the Palm Beach
40	County Fire Rescue Municipal Service Taxing Unit;
41	providing for law enforcement; providing for continuation
42	of the Palm Beach County Library District; providing for
43	dissolution of the Palm Beach County Municipal Service
44	Taxing Unit B and dissolution of the Palm Beach County
45	Municipal Service Taxing Unit F; providing for
46	continuation of the Loxahatchee Groves Water Control
47	District; providing for continuation of Loxahatchee Groves
48	Park; repealing s. 6 of s. 2 of chapter 99-425, Laws of
49	Florida, relating to a restriction on annexation of the
50	Loxahatchee Groves Water Control District; providing for
51	waivers; requiring a referendum; providing effective
52	dates.
53
54	Be It Enacted by the Legislature of the State of Florida:
55
56	Section 1.  Charter; creation; form of government;
57	boundaries and powers.--
58	(1)  CHARTER; CREATION.--
59	(a)  This act, together with any future amendments thereto,
60	may be known as the "Charter of the Town of Loxahatchee Groves"
61	(the "charter"), and the Town of Loxahatchee Groves (the "town")
62	is hereby created.
63	(b)  The Loxahatchee Groves area in Palm Beach County
64	includes a compact and contiguous rural community of
65	approximately 3,120 persons who are experiencing certain
66	impacts, such as the destruction of rural habitats and the
67	threat to equestrian, farming, and nursery businesses, resulting
68	from urbanization in the surrounding areas. The residents within
69	the town would like to control the effects of those impacts
70	through the incorporation of the town and its continued
71	existence as a historic, rural community with the benefits of
72	self-determination.
73	(c)  It is in the best interests of the public health,
74	safety, and welfare of the residents of the Loxahatchee Groves
75	area to form a separate municipality for the Loxahatchee Groves
76	area with all the powers and authority necessary to provide
77	adequate and efficient municipal services to its residents.
78	(d)  It is intended that this charter and the incorporation
79	of the Loxahatchee Groves area will serve to preserve and
80	protect the distinctive rural characteristics of the community,
81	such as low density, minimal lot coverage, substantial open
82	spaces, agricultural and nursery interests, and rural habitats,
83	and to acknowledge its close ties to the agriculture and
84	equestrian industries within the boundaries of the town.
85	(e)  It is the intent of this charter and the incorporation
86	of the town to secure the benefits of self-determination and
87	affirm the values of representative democracy, citizen
88	participation, strong community leadership, professional
89	management, and regional cooperation.
90	(2)  FORM OF GOVERNMENT.--The town shall have a council-
91	council-manager form of government.
92	(3)(a)  CORPORATE BOUNDARIES.--The corporate boundaries of
93	the Town of Loxahatchee Groves shall be as described as follows:
94
95	That portion of Loxahatchee Sub-Drainage District,
96	Township 43 South, Range 41 East and Range 40 East,
97	Palm Beach County, Florida, being more particularly
98	described as follows:
99	Beginning at the Northwest corner of Section Eighteen
100	(18) in Township Forty-three (43) South, Range Forty-
101	one (41) East, Palm Beach County, Florida, and run
102	thence along the North line of Section Eighteen (18)
103	and Seventeen (17) of said Township to the Northeast
104	corner of Section Seventeen (17) in said Township and
105	Range; thence run South along the Eastern boundary of
106	Section Seventeen (17) to the Southeast corner of said
107	Section;
108	Thence run East along the Northern boundary of Section
109	Twenty-one (21) and of Section Twenty-two (22) to the
110	Northeast corner of the Northwest quarter of the said
111	Section Twenty-two (22); Thence run South along the
112	East line of the Northwest quarter of said Section
113	Twenty-two (22) to the Southeast corner of said
114	Northwest quarter of said Section; Thence run West
115	along the South line of the Southeast quarter of
116	Northwest quarter of said Section Twenty-two (22) to
117	the Southwest corner of said Southeast quarter of
118	Northwest quarter of said Section; Thence run South
119	along the East line of the West half of the Southwest
120	quarter of Section Twenty-two (22) and of the West
121	half of West half of Section Twenty-seven (27) and of
122	the West half of West half of Section Thirty-four (34)
123	to the North Right of Way line of State Road 80, in
124	Section Thirty-four (34); Thence West along the
125	Northern edge of the North Right of Way line of State
126	Road 80, across the West half of West half of Section
127	Thirty-four (34) and across Section Thirty-three (33),
128	Thirty-two (32), and Thirty-one (31) in said Township
129	to the point where the range line dividing ranges
130	Forty (40) and Forty-one (41) East intersects said
131	North Right of Way line of State Road 80;
132	Thence North along the West line of Sections Thirty-
133	one (31), Thirty (30), Nineteen (19) and Eighteen (18)
134	to the Point of Beginning, embracing approximately Six
135	Thousand Nine Hundred Thirty five and 56/100
136	(6,935.56) acres.
137	Said lands lying within the above described boundary
138	lines are described more particularly as follow, to
139	wit:
140	All of Section Seventeen (17), Eighteen (18), Nineteen
141	(19), Twenty (20), and Twenty-one (21) and the
142	Northwest quarter and West half of Southwest quarter
143	of Section Twenty-two (22); and West half of West half
144	of Section Twenty-seven (27); and all Section Twenty-
145	eight (28), Twenty-nine (29) and Thirty (30) and all
146	of Section Thirty-one (31) North of North Right of Way
147	line of State Road 80; and all of Section Thirty-three
148	(32) North of North Right of Way line of State Road
149	80; and all of Section Thirty-three (33) North of
150	North Right of Way line of State Road 80; and all of
151	the West half of West half of Section Thirty-four (34)
152	North of North Right of Way line of State Road 80; all
153	in Township Forty-three (43) South Range Forty-one
154	(41) East, all of said lands being situate in Palm
155	Beach County, State of Florida, according to the
156	United States official surveys of said lands.
157	TOGETHER WITH
158	The South 1/2 of Sections 7 and 8, T43S, R41E.
159	The South 1/2 of the East 1/4 of Section 12, The East
160	1/4 of Sections 13, 24, 25, T43S, R40E, and that part
161	of the East 1/4 of Section 36, T43S, R40E, lying North
162	of the North Right of Way of S.R. 80, all in Palm
163	Beach County, Florida, containing 1320 acres, more or
164	less.
165	LESS AND EXCEPT The All or Nothing Legislation Parcel
166	as described in Senate Bill No. 2616, Laws of Florida,
167	Chapter 99-425, formerly known as The Palms West
168	Hospital property
169	A parcel bounded by Southern Boulevard (S.R. 80) on
170	the South, the Southern boundary of the drainage/road
171	Right of Way known as collecting canal on the North,
172	Folsom/Crestwood of the East, and the Western boundary
173	of The All or Nothing Legislation Parcel as described
174	in Senate Bill No. 2616, Laws of Florida, Chapter 99-
175	425 on the west, said parcel being more particularly
176	described as follows:
177	A parcel of land located in the County of Palm Beach,
178	State of Florida, to wit:
179	The point of beginning being the intersection of the
180	Easterly line of Lot 4, Block K, Loxahatchee District,
181	according to the plat thereof on file in the Office of
182	the Clerk of the Circuit Court recorded in Plat Book
183	7, Page 81, of the Public Records of Palm Beach
184	County, Florida, and the Southerly boundary of the
185	"Collecting Canal" as shown on the Replat of
186	Loxahatchee Groves Subdivision according to the Plat
187	thereof, recorded in Plat Book 12, Page 29, of the
188	Public Records of Palm Beach County, Florida; Thence
189	Easterly along said Southerly boundary of the
190	"Collecting Canal" to the Easterly boundary of said
191	Replat of Loxahatchee Groves; Thence South along said
192	Easterly boundary line of the Replat of Loxahatchee
193	Groves to the North Right of Way line of State Road
194	80; Thence Westerly along said Northerly Right of Way
195	line of State Road 80 to the Easterly line of Lot 4,
196	Block K, Loxahatchee District;
197	Thence Northerly along said Easterly line of Lot 4 to
198	the Point of Beginning, and
199	A portion of Lot 4, Block "K," Loxahatchee District
200	subdivision, according to the map or plat thereof as
201	recorded in Plat Book 7, page 81, public records, Palm
202	Beach County, Florida, being more particularly described as
203	follows:
204	Commencing at the northeast corner of said lot 4; thence,
205	south 02°16'42" west, along the east line of said lot 4, a
206	distance of 834.00 feet for a point of beginning.
207	Thence, continue south 02°16'42" west along said east line,
208	a distance of 1221.92 feet, more or less, to the
209	intersection thereof with the north right-of-way line of
210	State Road No. 80 as recorded in official records book
211	12372, page 468, said public records; thence, north
212	88°08'61" west, departing said east line and along said
213	north right-of-way line, a distance of 260.20 feet; thence,
214	north 02°16'46" east, departing said right-of-way line, a
215	distance of 80.00 feet; thence, north 88°08'51" west, a
216	distance of 248.59 feet; thence, north 02°16'46" east, a
217	distance of 321.11; thence, north 88°08'51" west, a
218	distance of 275.01 feet, more or less, to the intersection
219	thereof with the west line of said lot 4; thence, north
220	02°16'46" east, along said west line, a distance of 806.33
221	feet; thence, south 89°12'21" east, departing said west
222	line and along the south line of the north 834.00 feet of
223	said lot 4, as measured along the east and west lines of
224	said lot 4, a distance of 784.02 feet to the point of
225	beginning.
226	Containing: 18.867 acres, more or less.
227	(b)  The town shall not annex that area now known as
228	Callery-Judge Groves, generally described as that area of land
229	bounded on the north by M canal, on the south by the northern
230	border of the town, on the east by 140th, and on the west by M
231	canal.
232	(4)  MUNICIPAL POWERS.--The town shall be a body corporate
233	and politic and shall have all available governmental,
234	corporate, and proprietary powers of a municipality under the
235	State Constitution and laws of the state, as fully and
236	completely as though such powers were specifically enumerated in
237	this charter, and may exercise them, except when prohibited by
238	law. Through the adoption of this charter, it is the intent of
239	the electors of the town that the municipal government
240	established herein have the broadest exercise of home rule
241	powers permitted under the State Constitution and laws of the
242	state. This charter and the powers of the town shall be
243	construed liberally in favor of the town. It is recognized that
244	certain services within the municipal boundaries are provided by
245	independent special districts created by special acts of the
246	Legislature and by Palm Beach County.
247	Section 2.  Council; mayor and vice mayor.--
248	(1)  TOWN COUNCIL.--There shall be a five-member town
249	council ("council") vested with all legislative powers of the
250	town, consisting of five members ("council members"), each
251	elected from and representing the town at large. Unless
252	otherwise stated within this charter, all charter powers shall
253	be exercised by the council.
254	(2)  THE MAYOR; POWERS AND DUTIES.--
255	(a)  The council, at its first regular meeting after the
256	fourth Tuesday of each March, shall elect from its members a
257	mayor who shall serve for a period of 1 year and who shall have
258	the same legislative powers and duties as any other council
259	member, except as provided herein.
260	(b)  In addition to carrying out the regular duties of a
261	council member, the mayor shall preside at the meetings of the
262	council and shall be recognized as the head of town government
263	for service of process, ceremonial matters, and the signature or
264	execution of ordinances, contracts, deeds, bonds, and other
265	instruments and documents and for purposes of military law. The
266	mayor shall also serve as the ceremonial head of the town and
267	the town official designated to represent the town when dealing
268	with other entities. The mayor shall have no administrative
269	duties other than those necessary to accomplish these actions,
270	or such other actions as may be authorized by the town council,
271	consistent with general or special law.
272	(3)  THE VICE MAYOR.--
273	(a)  The council, at its first regular meeting after the
274	fourth Tuesday of each March, shall elect from its members a
275	vice mayor who shall serve for a period of 1 year and who shall
276	have the same legislative powers and duties while serving as any
277	other council member.
278	(b)  The vice mayor shall serve as acting mayor during the
279	absence or disability of the mayor. In the absence of the mayor
280	and the vice mayor, the remaining council members shall select a
281	council member to serve as acting mayor.
282	Section 3.  Election and terms of office.--
283	(1)  TERM OF OFFICE.--Each council member shall be elected
284	at large for a 3-year term by the electors of the town in the
285	manner provided herein. Council members shall be sworn into
286	office at the first regularly scheduled meeting following their
287	election. Each council member shall remain in office until his
288	or her successor is elected and assumes the duties of the
289	position.
290	(2)  SEATS.--The town council shall be divided into five
291	separate council seats to be designated as seats 1, 2, 3, 4, and
292	5, to be voted on townwide, with each qualified elector entitled
293	to vote for one candidate for each seat.
294	(3)  QUALIFICATION.--Candidates for each council seat must
295	qualify for council elections by seat in accordance with
296	applicable general law, and the council members elected to those
297	seats shall hold the seats 1 through 5, respectively. To qualify
298	for office:
299	(a)  Filing.--Each candidate for council member shall file
300	a written notice of candidacy with the town clerk at such time
301	and in such manner as may be prescribed by ordinance and shall
302	make payment to the town of any fees required by general law as
303	a qualifying fee.
304	(b)  Registered elector.--Each candidate for council member
305	shall be a registered elector in the state.
306	(c)  Residency.--Each candidate for council member shall
307	have maintained his or her domicile within the boundaries of the
308	town for a period of 1 year prior to qualifying for election
309	and, if elected, shall maintain such residency throughout his or
310	her term of office.
311	(d)  Deadline.--Any resident of the town who wishes to
312	become a candidate for a council member seat shall qualify with
313	the town clerk no sooner than noon on the last Tuesday in
314	January, nor later than noon on the first Tuesday in February,
315	of the year in which the election is to be held.
316	(4)  VACANCIES IN OFFICE; FORFEITURE; SUSPENSION; FILLING
317	OF VACANCIES.--
318	(a)  Vacancies.--A vacancy in the office of mayor, vice
319	mayor, or any council member shall occur upon the death of the
320	incumbent, removal from office as authorized by law,
321	resignation, appointment to other public office which creates
322	dual office holding, judicially determined incompetence, or
323	forfeiture of office as described in paragraph (b).
324	(b)  Forfeiture of office.--Any council member shall
325	forfeit his or her office upon determination by the council,
326	acting as a body, at a duly noticed public meeting that he or
327	she:
328	1.  Lacks at any time, or fails to maintain during his or
329	her term of office, any qualification for the office prescribed
330	by this charter or otherwise required by law;
331	2.  Is convicted of a felony or enters a plea of guilty or
332	nolo contendere to a crime punishable as a felony, even if
333	adjudication is withheld;
334	3.  Is convicted of a first degree misdemeanor arising
335	directly out of his or her official conduct or duties, or enters
336	a plea of guilty or nolo contendere thereto, even if
337	adjudication of guilt has been withheld;
338	4.  Is found to have violated any standard of conduct or
339	code of ethics established by law for public officials and has
340	been suspended from office by the Governor, unless subsequently
341	reinstated as provided by law; or
342	5.  Is absent from three consecutive regular council
343	meetings without good cause, or for any other reason established
344	in this charter.
345
346	The council shall be the sole judge of the qualifications of its
347	members and shall hear all questions relating to forfeiture of a
348	council member's office, including whether good cause for
349	absence has been or may be established. The burden of
350	establishing good cause shall be on the council member in
351	question; however, any council member may at any time during any
352	duly held meeting move to establish good cause for his or her
353	absence or the absence of any other commission member from any
354	past, present, or future meeting or meetings, which motion, if
355	carried, shall be conclusive. A council member whose
356	qualifications are in question or who is otherwise subject to
357	forfeiture of his or her office shall not vote on any such
358	matters. The council member in question shall be entitled to a
359	public hearing on request regarding an alleged forfeiture of
360	office. If a public hearing is requested, notice thereof shall
361	be published in one or more newspapers of general circulation in
362	the town at least 1 week in advance of the hearing. Any final
363	determination by the council that a council member has forfeited
364	his or her office shall be made by resolution. All votes and
365	other acts of the council member in question prior to the
366	effective date of such resolution shall be valid regardless of
367	the grounds of forfeiture.
368	(c)  Suspension from office.--Any council member shall be
369	suspended from office upon return of an indictment or issuance
370	of any information charging the council member with any crime
371	which is punishable as a felony or with any crime arising out of
372	his or her official duties which is punishable as a first degree
373	misdemeanor. Pursuant thereto:
374	1.  During a period of suspension, a council member shall
375	not perform any official act, duty, or function or receive any
376	pay, allowance, emolument, or privilege of office.
377	2.  If the council member is subsequently found not guilty
378	of the charge, or if the charge is otherwise dismissed, reduced,
379	or altered in such a manner that suspension would no longer be
380	required as provided herein, the suspension shall be lifted and
381	the council member shall be entitled to receive full back pay
382	and such other emoluments or allowances as he or she would have
383	been entitled to had the suspension not occurred.
384	(d)  Filling of vacancies.--
385	1.  If any vacancy occurs in the office of any council
386	member and the remainder of the council member's unexpired term
387	is less than 1 year and 81 days, the remaining council members
388	shall, within 30 days following the occurrence of such vacancy,
389	by majority vote, appoint a person to fill the vacancy for the
390	remainder of the unexpired term.
391	2.  If any vacancy occurs in the office of any council
392	member and the remainder of the unexpired term is equal to or
393	exceeds 1 year and 81 days, the remaining council members shall,
394	within 30 days following the occurrence of such vacancy, by
395	majority vote, appoint a person to fill the vacancy until the
396	next regularly scheduled town election, at which time an
397	election shall be held to fill the vacancy.
398	3.  If a vacancy occurs in the office of mayor and fewer
399	than 120 days remain in the term of the council member who was
400	elected mayor, the vice mayor shall serve as mayor until a new
401	mayor is elected by the council and assumes the duties of his or
402	her office. If a vacancy occurs in the office of mayor and 120
403	days or more remain in the term of the mayor, the vice mayor
404	shall serve as mayor until a new council member is elected and
405	the council elects a new mayor and vice mayor as provided by
406	this charter.
407	4.  Any person appointed to fill a vacancy on the council
408	shall be required to meet the qualifications of the seat to
409	which he or she is appointed.
410	5.  Notwithstanding any quorum requirements established
411	herein, if at any time the full membership of the council is
412	reduced to less than a quorum, the remaining members may, by
413	majority vote, appoint additional members to the extent
414	otherwise permitted or required under this subsection.
415	6.  In the event that all the members of the council are
416	removed by death, disability, recall, forfeiture of office, or
417	resignation, or any combination thereof, the Governor shall
418	appoint interim council members who shall call a special
419	election within not fewer than 30 days or more than 60 days
420	after such appointment. Such election shall be held in the same
421	manner as the initial elections under this charter. However, if
422	there are fewer than 6 months remaining in any unexpired terms,
423	the interim council appointed by the Governor shall serve out
424	the unexpired terms. Appointees must meet all requirements for
425	candidates as provided in this charter.
426	(e)  Compensation and expenses.--
427	1.  Town council members shall be entitled to receive
428	reimbursement in accordance with general law for authorized
429	travel and per diem expenses incurred in the performance of
430	their official duties.
431	2.  The town council, by not fewer than four affirmative
432	votes, may elect to provide for compensation and any increase in
433	such compensation by ordinance. However, no such ordinance
434	establishing or increasing compensation shall take effect until
435	the date of commencement of the terms of council members elected
436	at the next regular election which follows the adoption of such
437	ordinance.
438	Section 4.  Administrative.--
439	(1)  DESIGNATION OF CHARTER OFFICERS.--The town manager and
440	the town attorney are designated as charter officers, except
441	that the office of town attorney may be contracted to an
442	attorney or law firm.
443	(2)  APPOINTMENT; REMOVAL; COMPENSATION; FILLING OF
444	VACANCIES.--
445	(a)  The charter officers shall be appointed by a majority
446	vote of the full council and shall serve at the pleasure of the
447	council.
448	(b)  The charter officers shall be removed from office only
449	by a super majority vote of the full council. Upon demand by a
450	charter officer, a public hearing shall be held prior to such
451	removal.
452	(c)  The compensation of the charter officers shall be
453	fixed by the town council through the approval of an acceptable
454	employment contract.
455	(d)  The town council shall begin the process to fill a
456	vacancy in a charter office within 90 days after the vacancy. An
457	acting town manager or an acting town attorney may be appointed
458	by the council during a vacancy in such charter office.
459	(e)  A charter officer shall not be a member of the town
460	council or a candidate for town council while holding a charter
461	officer position.
462	(3)  TOWN MANAGER.--The town manager shall be the chief
463	administrative officer of the town.
464	(a)  The town council shall appoint a town manager who
465	shall be the administrative head of the municipal government
466	under the direction and supervision of the town council. The
467	town manager shall hold office at the pleasure of the town
468	council. The town manager shall be appointed by resolution
469	approving an employment contract between the town and the town
470	manager. The town manager shall receive such compensation as
471	determined by the town council through the adoption of an
472	appropriate resolution.
473	(b)  The town manager shall have the minimum qualifications
474	of a combination of a bachelor's degree in public
475	administration, business administration, or other related fields
476	from an accredited college or university and 3 years' public
477	administration experience or 6 years' experience in a city
478	manager or assistant city manager position, preferably in an
479	International City Manager Association-recognized local
480	government.
481	(c)  It is preferred that the town manager be an
482	International City Manager Association-credentialed manager or
483	obtain such credential within 2 years after being appointed.
484	(d)  During the absence or disability of the town manager,
485	the town council may by resolution designate some properly
486	qualified person to temporarily execute the functions of the
487	town manager. The person thus designated shall have the same
488	powers and duties as the town manager and shall be known while
489	serving as acting town manager. The town manager or acting town
490	manager may be removed by the town council at any time.
491	(e)  As the chief administrative officer, the town manager
492	shall:
493	1.  Direct and supervise the administration of all
494	departments, offices, and agencies of the town, except the
495	office of town attorney, and except as otherwise provided by
496	this charter or by law.
497	2.  Appoint, suspend, or remove any employee of the town or
498	appointive administrative officer provided for, by, or under
499	this charter, except the office of town attorney, and except as
500	may otherwise be provided by law, this charter, or personnel
501	rules adopted pursuant to the charter. The town manager may
502	authorize any administrative officer who is subject to his or
503	her direction and supervision to exercise these powers with
504	respect to subordinates in that officer's department, office, or
505	agency.
506	3.  Ensure that all laws, provisions of this charter, and
507	acts of the council are faithfully executed.
508	4.  Prepare and submit the annual budget and capital
509	program to the council in the form prescribed by ordinance.
510	5.  Attend meetings of the town council.
511	6.  Draw and sign vouchers upon depositories as provided by
512	ordinance and keep, or cause to be kept, a true and accurate
513	account of same.
514	7.  Sign all licenses issued by the town, issue receipts
515	for all moneys paid to the town, and deposit such moneys in the
516	proper depositories on the first banking day after receipt. The
517	town manager may delegate the responsibilities of this
518	subparagraph to an appropriate town employee who shall be
519	bonded.
520	8.  Provide administrative services in support of the
521	official duties of the mayor and the council.
522	9.  Keep the council advised as to the financial condition
523	and future needs of the town and make recommendations to the
524	council concerning the affairs of the town.
525	10.  Submit to the council, and make available to the
526	public, a complete report on finances and administrative
527	activities of the town as of the end of each fiscal year.
528	11.  Sign contracts on behalf of the town to the extent
529	authorized by ordinance.
530	12.  Perform such other duties as are specified in this
531	charter or as may be required by the council.
532	(4)  TOWN ATTORNEY.--
533	(a)  The town attorney shall be employed under terms and
534	conditions deemed advisable by the town council, which may
535	include the appointment of a law firm.
536	(b)  The town attorney shall be a member in good standing
537	with The Florida Bar, have been admitted to practice in the
538	state for at least 5 years, and have not less than 2 years'
539	experience in the practice of local government law.
540	(c)  The town attorney has sole discretion to appoint,
541	promote, suspend, demote, remove, or terminate deputy and
542	assistant town attorneys, subject to the town's annual budget.
543	(d)  The town attorney shall perform the following
544	functions in addition to other functions as designated by the
545	town council:
546	1.  Serve as chief legal advisor to the town council, the
547	charter officers, and all town departments, offices, and
548	agencies.
549	2.  Attend all regular and special town council meetings,
550	unless excused by the town council, and perform such
551	professional duties as may be required by law or by the council
552	in furtherance of the law.
553	3.  Approve all contracts, bonds, and other instruments in
554	which the town is concerned and shall endorse on each his or her
555	approval of the form and correctness thereof. No contract with
556	the town shall take effect until his or her approval is so
557	endorsed thereon.
558	4.  When requested to do so by the council, prosecute and
559	defend on behalf of the town all complaints, suits, and
560	controversies in which the town is a party.
561	5.  Perform such other professional duties as required of
562	him or her by resolution of the council or as prescribed for
563	municipal attorneys in the general laws of the state which are
564	not inconsistent with this charter.
565	6.  Prepare an annual budget for the operation of the
566	office of the town attorney and submit this budget to the town
567	manager for inclusion in the annual town budget, in accordance
568	with uniform town procedures.
569	(5)  TOWN CLERK.--The town manager shall appoint a town
570	clerk or management firm to serve as town clerk (the "clerk").
571	The clerk shall give notice of council meetings to its members
572	and the public, keep minutes of its proceedings, and perform
573	such other duties as the council or town manager may prescribe
574	from time to time. The clerk shall report to the town manager.
575	(6)  EXPENDITURE OF TOWN FUNDS.--No funds of the town shall
576	be expended except pursuant to duly approved appropriations or
577	for the payment of bonds, notes, or other indebtedness duly
578	authorized by the council and only from such funds so
579	authorized.
580	(7)  TOWN BOARDS AND AGENCIES.--Except as otherwise
581	provided by law, the council may establish or terminate such
582	boards and agencies as it may deem advisable from time to time.
583	The boards and agencies shall report to the council. Members of
584	boards and agencies shall be appointed by the council by
585	resolution.
586	Section 5.  Legislative.--
587	(1)  REGULAR MEETINGS.--The council shall conduct regular
588	meetings at such times and places as the council shall prescribe
589	by resolution. Such meetings shall be public meetings within the
590	meaning of state law and shall be subject to notice and other
591	requirements of law applicable to public meetings.
592	(2)  SPECIAL MEETINGS.--Special meetings may be held at the
593	call of the mayor or, in his or her absence, at the call of the
594	vice mayor. Special meetings may also be called upon the request
595	of a majority of the council members. Unless the meeting is of
596	an emergency nature, the person or persons calling such a
597	meeting shall provide not less than 72 hours' prior notice of
598	the meeting to the public.
599	(3)  COMMENCEMENT.--All meetings shall be scheduled to
600	commence no earlier than 7 a.m. nor later than 10 p.m.
601	(4)  RULES; ORDER OF BUSINESS.--The council shall determine
602	its own rules and order of business.
603	(5)  QUORUM.--A majority of the full council shall
604	constitute a quorum.
605	(6)  VALIDITY OF ACTION.--No action of the council shall be
606	valid unless adopted by an affirmative vote of the majority of
607	the full council, unless otherwise provided by law.
608	(7)  LEGISLATIVE POWERS.--Except as otherwise prescribed
609	herein or as provided by law, the legislative powers of the town
610	shall be vested in the council. The council shall provide for
611	the exercise of its powers and for the performance of all duties
612	and obligations imposed on the town by law.
613	(8)  DEPARTMENTS.--The council may establish such other
614	departments as it determines necessary for the efficient
615	administration and operation of the town. Such departments,
616	offices, or agencies shall be established by ordinance.
617	(9)  CODE.--The council may adopt any standard code of
618	technical regulations by reference thereto in an adopting
619	ordinance and may amend the code in the adopting ordinance or
620	later amendatory ordinance. The procedures and requirements
621	governing such an adopting ordinance shall be as prescribed for
622	ordinances generally, except that:
623	(a)  Requirements regarding distribution and filing of
624	copies of the ordinance shall not be construed to require
625	distribution and filing of copies of the adopted code of
626	technical regulations.
627	(b)  A copy of each adopted code of technical regulations,
628	as well as of the adopting ordinance, shall be authenticated and
629	recorded by the town clerk.
630	(10)  EMERGENCY ORDINANCES.--
631	(a)  To meet a public emergency affecting life, health,
632	property, or the public peace, the council may adopt, in the
633	manner provided by general law, one or more emergency
634	ordinances, but such ordinances may not enact or amend a land
635	use plan or rezone private property; levy taxes; grant, renew,
636	or extend any municipal franchise; set service or user charges
637	for any municipal services; or authorize the borrowing of money,
638	except as provided under the emergency appropriations provisions
639	of this charter, if applicable. An emergency ordinance shall be
640	introduced in the form and manner prescribed for ordinances
641	generally, except that it shall be plainly designated in a
642	preamble as an emergency ordinance and shall contain, after the
643	enacting clause, a declaration stating that an emergency exists
644	and describing it in clear and specific terms.
645	(b)  Upon the affirmative vote of four council members, an
646	emergency ordinance may be adopted with or without amendment or
647	rejected at the meeting at which it is introduced. After its
648	adoption, the ordinance shall be advertised and printed as
649	prescribed for other ordinances.
650	(c)  Emergency ordinances shall become effective upon
651	adoption or at such other date as may be specified in the
652	ordinance.
653	(d)  Every emergency ordinance, except emergency
654	appropriation ordinances, shall automatically be repealed as of
655	the 61st day following its effective date, but this shall not
656	prevent reenactment of the ordinance under regular procedures
657	or, if the emergency still exists, in the manner specified in
658	this section. An emergency ordinance may also be repealed by
659	adoption of a repealing ordinance in the same manner specified
660	in this section for adoption of emergency ordinances.
661	(11)  EMERGENCY APPROPRIATIONS.--To meet a public emergency
662	affecting life, health, property, or the public peace, the
663	council, by resolution, may make emergency appropriations. To
664	the extent that there are no unappropriated revenues to meet
665	such appropriation, the council may by such emergency resolution
666	authorize the issuance of emergency notes, which may be renewed
667	from time to time, but the emergency notes and renewals in any
668	fiscal year shall be paid not later than the last day of the
669	fiscal year succeeding that in which the emergency
670	appropriations were made.
671	(12)  RECORDKEEPING.--The council shall, in a properly
672	indexed book kept for the purpose, provide for the
673	authentication and recording in full of all minutes of meetings
674	and all ordinances and resolutions adopted by the council, and
675	the same shall at all times be a public record. The council
676	shall further maintain a current codification of all ordinances.
677	Such codification shall be printed and shall be made available
678	for distribution to the public on a continuing basis. All
679	ordinances or resolutions of the council shall be signed by all
680	council members and attested to by the town clerk.
681	(13)  DUAL OFFICE HOLDING.--No present elected town
682	official shall hold any compensated appointive office or
683	employment of the town while in office, nor shall any former
684	council member be employed by the town until after the
685	expiration of 1 year from the time of leaving office.
686	(14)  NONINTERFERENCE BY TOWN COUNCIL.--Except for the
687	purposes of inquiry and information, council members are
688	expressly prohibited from interfering with the performance of
689	the duties of any employee of the town government who is under
690	the direct or indirect supervision of the town manager or town
691	attorney. Such action shall be malfeasance within the meaning of
692	section 112.51, Florida Statutes. Recommendations for
693	improvements in the town government operations shall come
694	through the town manager, but each member of the council shall
695	be free to discuss or recommend improvements to the town
696	manager, and the council is free to direct the town manager to
697	implement specific recommendations for improvement in town
698	government operations.
699	Section 6.  Budget and appropriations.--
700	(1)  FISCAL YEAR.--The town shall have a fiscal year which
701	shall begin on the first day of October and shall end on the
702	last day of September of the following calendar year, unless
703	otherwise defined by general law. Such fiscal year shall also
704	constitute the annual budget and accounting year.
705	(2)  BUDGET ADOPTION.--The council shall adopt a budget in
706	accordance with applicable general law, following a minimum of
707	two public hearings on the proposed budget. A resolution
708	adopting the annual budget shall constitute appropriation of the
709	amounts specified therein as expenditures from funds indicated.
710	(3)  EXPENDITURES.--The budget shall not provide for
711	expenditures in an amount greater than the revenues budgeted.
712	(4)  APPROPRIATIONS.--
713	(a)  If, during the fiscal year, revenues in excess of
714	those estimated in the budget are available for appropriation,
715	the council by resolution may make supplemental appropriations
716	for the year in an amount not to exceed such excess.
717	(b)  If, at any time during the fiscal year, it appears
718	probable to the town manager that the revenues available will be
719	insufficient to meet the amount appropriated, the town manager
720	shall report to the council without delay, indicating the
721	estimated amount of the deficit, any remedial action taken, and
722	recommendations as to any other steps that should be taken. The
723	council shall then take such further action as it deems
724	necessary to prevent or minimize any deficit and, for that
725	purpose, the council may by resolution reduce one or more
726	appropriations accordingly.
727	(c)  No appropriation for debt service may be reduced or
728	transferred, and no appropriation may be reduced below any
729	amount required by law to be appropriated, or by more than the
730	unencumbered balance thereof. Other provisions of law to the
731	contrary notwithstanding, the supplemental and emergency
732	appropriations and reduction or transfer of appropriations
733	authorized by this section may be made effective immediately
734	upon adoption.
735	(5)  BONDS; INDEBTEDNESS.--
736	(a)  Subject to the referendum requirements of the State
737	Constitution, if applicable, the town may from time to time
738	borrow money and issue bonds or other obligations or evidence of
739	indebtedness (collectively, "bonds") of any type or character
740	for any of the purposes for which the town is now or hereafter
741	authorized by law to borrow money, including to finance the cost
742	of any capital or other project and to refund any and all
743	previous issues of bonds at or prior to maturity. Such bonds may
744	be issued pursuant to one or more resolutions adopted by a
745	majority of the council.
746	(b)  The town may assume all outstanding indebtedness
747	related to facilities it acquires from other units of local
748	government and be liable for payment thereon in accordance with
749	its terms.
750	(6)  REVENUE BONDS; LEASE-PURCHASE CONTRACTS.--Unless
751	authorized by the electors of the town at a duly held referendum
752	election, the council shall not authorize or allow to be
753	authorized the issuance of revenue bonds or enter into lease-
754	purchase contracts or any other unfunded multiyear contracts for
755	the purchase of real property or the construction of any capital
756	improvement, the repayment of which extends in excess of 36
757	months, unless mandated by state or federal governing agencies.
758	(7)  ANNUAL AUDIT.--The council shall provide for an
759	independent annual financial audit of all town accounts and may
760	provide for more frequent audits as it deems necessary. Such
761	audits shall be made by a certified public accountant or a firm
762	of such accountants who have no personal interest, direct or
763	indirect, in the fiscal affairs of the town government or in any
764	of its officers. Residency in the town shall not be construed as
765	a prohibited interest.
766	Section 7.  Elections.--
767	(1)  ELECTORS.--Any person who is a resident of the town,
768	who has qualified as an elector of this state, and who registers
769	in the manner prescribed by law shall be an elector of the town.
770	(2)  NONPARTISAN ELECTIONS.--All elections for the town
771	council members shall be conducted on a nonpartisan basis
772	without any designation of political party affiliation.
773	(3)  ELECTION DATES.--A special election shall be held on
774	the second Tuesday in March 2007, and regular elections shall be
775	held on the second Tuesday in March of each election year,
776	provided as follows:
777	(a)  For the two council member seats that received the
778	highest number of votes in the March 2007 election, the next
779	election to fill the council member seats shall be held on the
780	second Tuesday in March after the first Monday in March in 2010,
781	and every 3 years thereafter.
782	(b)  For the two council member seats that received the
783	next highest number of votes in the March 2007 election, the
784	next election to fill the council member seats shall be held on
785	the second Tuesday in March after the first Monday in March in
786	2009, and every 3 years thereafter.
787	(c)  For the remaining council member seat, the next
788	election to fill the council member seat shall be held on the
789	second Tuesday in March after the first Monday in March in 2008,
790	and every 3 years thereafter.
791	(d)  Such town elections shall be general town elections.
792	(4)  RUNOFF ELECTIONS.--In the event no candidate for an
793	office receives a majority of the votes cast for such office,
794	the person receiving the largest number of votes cast will be
795	elected. In the event two candidates receive an equal number of
796	votes, a runoff election shall be held on the fourth Tuesday in
797	March.
798	(5)  TOWN CANVASSING BOARD.--The town canvassing board
799	shall be composed of those members of the town council who are
800	not candidates for reelection and the town clerk, who shall act
801	as chair. At the close of the polls of any town election, or as
802	soon thereafter as practicable, the canvassing board shall meet
803	at a time and place designated by the chair and shall proceed to
804	publicly canvass the vote as shown by the returns then on file
805	in the office of the town clerk, and then shall publicly canvass
806	the absentee elector ballots. The canvassing board shall prepare
807	and sign a certificate containing the total number of votes cast
808	for each candidate or other measure voted upon. The certificate
809	shall be placed on file with the town clerk.
810	(6)  SPECIAL ELECTIONS.--Special municipal elections, when
811	required, shall be held in the same manner as regular elections,
812	except that the town council, by ordinance, shall fix the time
813	for holding such elections consistent with this charter and
814	state law.
815	(7)  GENERAL ELECTION.--
816	(a)  The ballot for the general election shall contain the
817	names of all qualified candidates for each respective council
818	member seat and shall instruct electors to cast one vote for
819	each council member seat, with a maximum of one vote per
820	candidate. The candidate for each council member seat receiving
821	the most votes shall be the duly elected council member for that
822	designated council member seat.
823	(b)  No election for any council member seat shall be
824	required in any election if there is only one duly qualified
825	candidate for the council member seat.
826	(c)  If more than one candidate for a designated council
827	member seat receive an equal and highest number of votes, the
828	candidates for the office receiving the highest vote in the
829	general election shall run again in the runoff election.
830	(d)  The candidate receiving the highest number of votes
831	cast for the designated council member seat in the runoff
832	election shall be elected to the designated council member seat.
833	If the vote at the runoff election results in a tie, the outcome
834	shall be determined by lot.
835	(e)  The term of office of any elected official shall
836	commence immediately after the election.
837	(f)  All elected officers, before entering upon their
838	duties, shall take and subscribe to the following oath of
839	office:
840	"I do solemnly swear (or affirm) that I will support, protect,
841	and defend the Constitution and Government of the United States
842	and of the state, and the charter of the Town of Loxahatchee
843	Groves; that I am duly qualified to hold office under the
844	Constitution of the State and the charter of the Town of
845	Loxahatchee Groves; and that I will well and faithfully perform
846	the duties of council member upon which I am now about to
847	enter."
848	(g)  The election laws of the state shall apply to all
849	elections.
850	(h)  Any member of the town council may be removed from
851	office by the electors of the town following the procedures for
852	recall established by general law.
853	Section 8.  Initiative and referendum.--
854	(1)  POWER TO INITIATE AND RECONSIDER ORDINANCES.--
855	(a)  The electors of the town shall have the power to
856	propose ordinances to the town council and, if the town council
857	fails to adopt an ordinance so proposed without any change in
858	substance, to adopt or reject it at a town election, provided
859	that such power shall not extend to the annual budget or capital
860	program or any ordinance appropriating money, levying taxes, or
861	setting salaries of town officers or employees.
862	(b)1.  The town council shall have the power, by
863	resolution, to call for a referendum vote by the electors of the
864	town at any time, provided that the purpose of such referendum
865	is presented to the town at a public hearing at least 60 days
866	prior to the adoption of such resolution. Any resolution calling
867	for a referendum vote of the electors of the town must be passed
868	by the affirmative vote of not less than four members of the
869	council.
870	2.  The electors of the town shall have the power to
871	require reconsideration by the town council of any adopted
872	ordinance and, if the town council fails to repeal an ordinance
873	so reconsidered, to approve or reject it at a town election,
874	provided that such power shall not extend to the annual budget
875	or capital program or any ordinance appropriating money, levying
876	taxes, or setting salaries of town officers or employees.
877	(2)  COMMENCEMENT OF PROCEEDINGS.--Any 10 electors may
878	commence initiative or referendum proceedings by filing with the
879	town clerk an affidavit stating that they shall constitute the
880	petitioner's committee and be responsible for circulating the
881	petition and filing it in proper form stating their names and
882	addresses and specifying the address to which all notices to the
883	committee are to be sent, and setting out in full the proposed
884	initiative ordinance or citing the ordinance sought to be
885	reconsidered. Promptly after the affidavit of the petitioner's
886	committee is filed, the town clerk may, at the committee's
887	request, issue the appropriate petition blanks to the
888	petitioner's committee at the committee's expense.
889	(3)  PETITIONS.--
890	(a)  Initiative and referendum petitions must be signed by
891	electors of the town equal in number to at least 10 percent of
892	the total number of electors registered to vote in the last
893	regular town election.
894	(b)  All papers of a petition shall be assembled as one
895	instrument of filing. Each signature shall be executed in ink
896	and shall be followed by the printed name and address of the
897	person signing. Petitions shall contain or have attached thereto
898	throughout their circulation the full text of the ordinance
899	proposed or sought to be reconsidered.
900	(c)  Each paper of a petition shall have attached to it
901	when filed an affidavit executed by the circulator thereof
902	stating that he or she personally circulated the paper, the
903	number of signatures thereon, that all signatures were affixed
904	in his or her presence, that he or she believes them to be the
905	genuine signatures of the persons whose names they purport to
906	be, and that each signer had an opportunity before signing to
907	read the full text of the ordinance proposed or sought to be
908	reconsidered.
909	(d)  Except as otherwise provided herein, all initiative
910	and referendum petitions must be filed within 60 days of the
911	date on which proceedings with respect to such initiative or
912	referendum are commenced, and all requirements of the process,
913	including, but not limited to, the submission of the signatures
914	required, must be completed no later than 90 days following the
915	date of filing such initiative or referendum petition.
916	(4)  PROCEDURE FOR FILING.--
917	(a)  Within 20 days after an initiative petition or a
918	referendum petition is filed, the town clerk shall complete a
919	certificate as to its sufficiency, specifying, if it is
920	insufficient, the particulars wherein it is defective, and shall
921	promptly send a copy of the certificate to the petitioner's
922	committee by registered mail. Grounds for insufficiency are only
923	those specified herein that are not met. A petition certified
924	insufficient for lack of the required number of valid signatures
925	may be amended once if the petitioner's committee files a notice
926	of intent to amend it with the designated official within 2
927	business days after receiving the copy of the certificate and
928	files a supplementary petition upon additional papers within 10
929	days after receiving the copy of such certificate. Such
930	supplementary petition shall comply with original petition
931	requirements, and within 5 days after it is filed the town clerk
932	shall complete a certificate as to the sufficiency of the
933	petition as amended and promptly send a copy of such certificate
934	to the petitioner's committee by registered mail. If a petition
935	or an amended petition is certified sufficient, or if a petition
936	or amended petition is certified insufficient and the
937	petitioner's committee does not elect to amend or request the
938	town council review within the time required, the town clerk
939	shall promptly present a certificate to the town council and
940	such certificate shall then be a final determination as to the
941	sufficiency of the petition.
942	(b)  If a petition has been certified insufficient and the
943	petitioner's committee does not file notice of intent to amend
944	it or if an amended petition has been certified insufficient,
945	the committee may, within 2 business days after receiving the
946	copy of such certificate, file a request that it be reviewed by
947	the town council. The town council shall review the certificate
948	at its next meeting following the town council's filing of such
949	request and approve or disapprove it, and determination shall
950	then be final as to the sufficiency of the petition.
951	(5)  ACTION ON PETITIONS.--
952	(a)  When an initiative or referendum petition has been
953	determined sufficient, the town council shall promptly consider
954	the proposed initiative ordinance or reconsider the referendum
955	ordinance by voting its repeal. If the town council fails to
956	adopt a proposed initiative ordinance without any change in
957	substance within 45 days or fails to repeal the referendum
958	ordinance within 30 days after the date on which the petition is
959	determined to be sufficient, it shall submit the proposed
960	initiative or referendum ordinance to the electors of the town.
961	If the town council fails to act on a proposed initiative
962	ordinance or a referendum ordinance within the time period
963	specified, the town council shall be deemed to have failed to
964	adopt the proposed initiative ordinance or failed to repeal the
965	referendum ordinance on the last day that the town council was
966	authorized to act on such matter.
967	(b)  The vote of the town on a proposed initiative or
968	referendum ordinance shall be held not fewer than 30 days or
969	more than 60 days from the date the town council acted or was
970	deemed to have acted pursuant to this charter. If no regular
971	election is to be held within the period described in this
972	paragraph, the town council shall provide for a special
973	election, except that the town council may, in its discretion,
974	provide for a special election at an earlier date within the
975	described period. Copies of the proposed initiative or
976	referendum ordinance shall be made available at the polls.
977	(c)  An initiative or referendum petition may be withdrawn
978	at any time prior to the 15th day preceding the day scheduled
979	for a vote of the town by filing with the town clerk a request
980	for withdrawal signed by at least eight members of the
981	petitioner's committee. Upon the filing of such request, the
982	petition shall have no further force or effect and all
983	proceedings thereon shall be terminated.
984	(6)  RESULTS OF ELECTION.--
985	(a)  If a majority of the qualified electors voting on a
986	proposed initiative ordinance vote in its favor, it shall be
987	considered adopted upon certification of the election results.
988	If conflicting ordinances are approved at the same election, the
989	one receiving the greatest number of affirmative votes shall
990	prevail to the extent of such conflict.
991	(b)  If a majority of the qualified electors voting on a
992	referendum ordinance vote against it, it shall be considered
993	repealed upon certification of the election results.
994	Section 9.  General provisions.--
995	(1)  SEVERABILITY.--If any section or part of any section
996	of this charter shall be held invalid by a court of competent
997	jurisdiction, such holding shall not affect the remainder of
998	this charter or the context in which such section or part of a
999	section so held invalid may appear, except to the extent that an
1000	entire section or part of a section may be inseparably connected
1001	in meaning and effect with the section or part of a section to
1002	which such holding shall directly apply.
1003	(2)  TOWN PERSONNEL SYSTEM.--All new employments,
1004	appointments, and promotions of town officers and employees
1005	shall be made pursuant to personnel procedures to be established
1006	by the town manager from time to time.
1007	(3)  CHARITABLE CONTRIBUTIONS.--The town shall not make any
1008	charitable contribution to any person or entity unless
1009	authorized by the council.
1010	(4)  VARIATION OF PRONOUNS.--All pronouns and any
1011	variations thereof used in this charter shall be deemed to refer
1012	to masculine, feminine, neutral, singular, or plural as the
1013	identity of the person or persons shall require and are not
1014	intended to describe, interpret, define, or limit the scope,
1015	extent, or intent of this charter.
1016	(5)  CALENDAR DAY.--For the purpose of this charter, a day
1017	shall mean a calendar day.
1018	(6)  CHARTER REVIEW COMMITTEE.--
1019	(a)  At its first regular meeting in March 2012, and every
1020	10th year thereafter, the town council may appoint a charter
1021	review committee consisting of 15 individuals who are not
1022	members of the town council to serve in an advisory capacity to
1023	the town council.
1024	(b)  Each council member shall recommend and nominate three
1025	individuals to serve on the committee as regular members, which
1026	appointments shall be approved by a majority vote of the town
1027	council. Individuals appointed to the charter review committee
1028	shall be citizens of the town.
1029	(c)  The charter review committee shall appoint its own
1030	chair and vice chair and adopt its own rules and procedures.
1031	(d)  The town clerk and the town attorney shall advise the
1032	town council in advance of the date when such appointments may
1033	be made.
1034	(e)  If appointed, the charter review committee shall
1035	commence its proceedings within 30 days after the committee is
1036	appointed by the town council. The committee shall review the
1037	charter and provide input to the town council to modernize and
1038	improve the charter. The public shall be given an opportunity to
1039	speak and participate at charter review committee meetings in
1040	accordance with the rules of the charter review committee.
1041	(f)  All recommendations by the charter review committee
1042	shall be forwarded to the town council in ordinance form for
1043	consideration no later than the 1st day of March of the year
1044	following the appointment of the charter review committee, and
1045	in sufficient time for any recommendations to be considered by
1046	the town council as provided herein.
1047	(g)  The town council shall consider the recommendations of
1048	the charter review committee at the regular meeting in November
1049	and the regular meeting in December of the year following
1050	appointment of the charter review committee.
1051	(7)  CHARTER AMENDMENTS.--This charter may be amended in
1052	accordance with the provisions for charter amendments as
1053	specified in general law or as may otherwise be provided by
1054	general law. The form, content, and certification of any
1055	petition to amend shall be established by ordinance.
1056	(8)  INITIATION BY PETITION.--The electors of the town may
1057	propose amendments to this charter by petition to be submitted
1058	to the council to be placed before the electors, as provided by
1059	general law.
1060	(9)  STANDARDS OF CONDUCT.--All elected officials and
1061	employees of the town shall be subject to the standards of
1062	conduct for public officers and employees set by general law. In
1063	addition, the town council shall, no later than 6 months from
1064	the effective date of incorporation, establish by ordinance a
1065	code of ethics for officials and employees of the town which may
1066	be supplemental to general law, but in no case may such an
1067	ordinance diminish the provisions of general law. The intent of
1068	this subsection is to require more stringent standards than
1069	those provided under general law.
1070	(10)  LAND USE, REZONING.--Any change to the town's future
1071	land use map, or any change to the zoning designation for any
1072	parcel within the town shall require the affirmative vote of no
1073	fewer than four members of the town council.
1074	Section 10.  Transition schedule.--
1075	(1)  REFERENDUM.--The Palm Beach County Commission shall
1076	hold the referendum election called for by this act on October
1077	10, 2006, at which time the following question shall be placed
1078	upon the ballot:
1079
1080	"Shall the creation of the Town of Loxahatchee Groves and its
1081	charter be approved?"
1082
1083	Yes
1084
1085	No
1086
1087	(2)  INITIAL ELECTION OF COUNCIL MEMBERS; DATES.--
1088	(a)  Following the adoption of this charter, the Palm Beach
1089	County Commission shall call a special election for the election
1090	of the five town council members to be held on March 13, 2007.
1091	Candidates for the election shall qualify for seat 1, seat 2,
1092	seat 3, seat 4, and seat 5. The candidate receiving the highest
1093	number of votes for that seat shall be elected. If more than one
1094	candidate for a designated council member seat receives an equal
1095	and highest number of votes, then the candidates receiving the
1096	highest votes in the general election shall run again in the
1097	runoff election which shall be held on March 27, 2007.
1098	(b)  Any individual who wishes to run for one of the five
1099	initial seats on the council shall qualify as a candidate with
1100	the Palm Beach County Supervisor of Elections in accordance with
1101	the provisions of this charter and general law.
1102	(c)  The Palm Beach County Commission shall appoint a
1103	canvassing board which shall certify the results of the
1104	election.
1105	(d)  Those candidates who are elected on March 13, 2007,
1106	and March 27, 2007, shall take office at the initial town
1107	council meeting, which shall be held at 7 p.m. on March 29,
1108	2007.
1109	(3)  CREATION AND ESTABLISHMENT OF THE TOWN.--For the
1110	purpose of compliance with section 200.066, Florida Statutes,
1111	relating to assessment and collection of ad valorem taxes, the
1112	town is hereby created and established effective November 1,
1113	2006; notwithstanding anything to the contrary contained herein,
1114	the town, although created and established as of November 1,
1115	2006, shall not be operational until March 30, 2007.
1116	(4)  FIRST YEAR EXPENSES.--The town council, in order to
1117	provide moneys for the expenses and support of the town, shall
1118	have the power to borrow money necessary for the operation of
1119	town government until such time as a budget is adopted and
1120	revenues are raised in accordance with the provisions of this
1121	charter.
1122	(5)  TRANSITIONAL ORDINANCES AND RESOLUTIONS.--All
1123	applicable county ordinances currently in place at the time of
1124	passage of the referendum, unless specifically referenced
1125	herein, shall remain in place until and unless rescinded by
1126	action of the town council, except that a county ordinance,
1127	rule, or regulation which is in conflict with an ordinance,
1128	rule, or regulation of the town shall not be effective to the
1129	extent of such conflict. Any existing Palm Beach County
1130	ordinances, rules, and regulations as of October 12, 2006, shall
1131	not be altered, changed, rescinded, or added to, nor shall any
1132	variance be granted thereto insofar as such action would affect
1133	the town without the approval of the town council.
1134	(6)  TEMPORARY EMERGENCY ORDINANCES.--The town council
1135	shall adopt ordinances and resolutions required to effect the
1136	transition. Ordinances adopted within 60 days after the first
1137	council meeting may be passed as emergency ordinances. These
1138	transitional ordinances, passed as emergency ordinances, shall
1139	be effective for no longer than 90 days after adoption and
1140	thereafter may be readopted, renewed, or otherwise continued
1141	only in the manner normally prescribed for ordinances.
1142	(7)  TRANSITIONAL COMPREHENSIVE PLAN AND LAND DEVELOPMENT
1143	REGULATIONS.--
1144	(a)  Until such time as the town adopts a comprehensive
1145	plan, the Palm Beach County Future Land Use Map, the Palm Beach
1146	County Zoning Map, and all other applicable provisions
1147	applicable to the town, of the Comprehensive Plan and Land
1148	Development Regulations of Palm Beach County, as the same exist
1149	on the day the town commences corporate existence, shall remain
1150	in effect as the town's transitional comprehensive plan and land
1151	development regulations. However, all planning functions,
1152	duties, and authority shall thereafter be vested in the Town
1153	Council of Loxahatchee Groves which shall also be deemed the
1154	local planning agency until the council establishes a separate
1155	local planning agency.
1156	(b)  Upon this act becoming a law, no changes in the future
1157	land use map or the zoning districts within the boundaries of
1158	the town shall be considered for alteration, amendment, or other
1159	modification in any way until such time as the town adopts
1160	appropriate procedures as referenced in this act.
1161	(c)  All powers and duties of the planning commission,
1162	zoning authority, any boards of adjustment, and the County
1163	Commission of Palm Beach County, as set forth in these
1164	transitional zoning and land use regulations, shall be vested in
1165	the Town Council of Loxahatchee Groves until such time as the
1166	town council delegates all or a portion thereof to another
1167	entity.
1168	(d)  Subsequent to the passage of this act, no amendment of
1169	the comprehensive plan or land development regulations enacted
1170	by the Palm Beach County Commission shall be deemed as an
1171	amendment of the town's transitional comprehensive plan or land
1172	development regulations or otherwise take effect within the
1173	town's corporate limits except in accordance with the
1174	requirements, and upon adoption of the procedures specified in
1175	this act.
1176	(e)1.  The owner or assigns of the 97+/- acre property
1177	located at the northwest corner of B-Road and Southern
1178	Boulevard, commonly known as the "Simon property," have applied
1179	for a land use change through the Palm Beach County
1180	comprehensive plan amendment process (LGA 2004-00037). This
1181	parcel and it owners and assigns will remain subject to the Palm
1182	Beach County comprehensive plan and approval process until such
1183	time as the town adopts its own comprehensive plan.
1184	2.  In the event that the town initiates a review and
1185	approval process in a timeframe that is faster than presently
1186	expected, the owner or assigns of the Simon property may elect,
1187	at their own option, to go through the town's zoning approval
1188	process.
1189	(8)  STATE SHARED REVENUES.--The Town of Loxahatchee Groves
1190	shall be entitled to participate in all shared revenue programs
1191	of the state available to municipalities effective immediately
1192	on the date of incorporation. The provisions of section
1193	218.23(1), Florida Statutes, shall be waived for the purpose of
1194	eligibility to receive revenue sharing funds from the date of
1195	incorporation through the state fiscal year 2009-2010. Initial
1196	population estimates for calculating eligibility for shared
1197	revenues shall be determined by the University of Florida Bureau
1198	of Economic and Business Research. Should the bureau be unable
1199	to provide an appropriate population estimate, the Palm Beach
1200	County Planning Division estimate should be utilized. For the
1201	purposes of qualifying for revenue sharing, the following
1202	revenue sources shall be considered: municipal service taxing
1203	units, fire municipal service taxing units, water control
1204	district revenues, occupational license taxes, ad valorem taxes,
1205	public utility service taxes, communication services tax, and
1206	franchise fees.
1207	(9)  GAS TAX REVENUES.--The town shall be entitled to
1208	receive local option gas tax revenues beginning October 1, 2007.
1209	This specifically includes the relevant statutorily referenced
1210	interlocal agreements.
1211	(10)  WAIVER.--The provisions of section 218.23(1), Florida
1212	Statutes, shall be waived for the purpose of conducting audits
1213	and financial reporting through fiscal year 2007-2008.
1214	Section 11.  Continuation, merger, and dissolution of
1215	existing districts and service providers.--
1216	(1)  PALM BEACH COUNTY FIRE RESCUE MUNICIPAL SERVICE TAXING
1217	UNIT; CONTINUATION.--Notwithstanding the incorporation of the
1218	Town of Loxahatchee Groves, that portion of the Palm Beach
1219	County Fire Rescue Municipal Service Taxing Unit, a special
1220	taxing district created by the Palm Beach County Commission that
1221	lies within the boundaries of the Town of Loxahatchee Groves, is
1222	authorized to continue in existence until the town adopts an
1223	ordinance to the contrary. However, the town shall not establish
1224	a town fire department without a referendum.
1225	(2)  LAW ENFORCEMENT.--Law enforcement services will be
1226	provided by contract with the Palm Beach County Sheriff's
1227	Office, or contracted with other law enforcement agencies, until
1228	the town adopts an ordinance to the contrary, provided that the
1229	town shall not establish a town police department without a
1230	referendum.
1231	(3)  PALM BEACH COUNTY LIBRARY DISTRICT;
1232	CONTINUATION.--Notwithstanding the incorporation of the Town of
1233	Loxahatchee Groves, that portion of the Palm Beach County
1234	Library District, a dependent district of Palm Beach County
1235	created by chapter 2000-405, Laws of Florida, that lies within
1236	the boundaries of the Town of Loxahatchee Groves, is authorized
1237	but not required to continue in existence, provided that in
1238	order to be excluded from the library district the town shall
1239	establish a municipal-funded library.
1240	(4)  PALM BEACH COUNTY MUNICIPAL SERVICE TAXING UNIT
1241	B.--That portion of Palm Beach County Municipal Service Taxing
1242	Unit B, a dependent district of Palm Beach County created by the
1243	Palm Beach Commission that lies within the boundaries of the
1244	Town of Loxahatchee Groves, shall cease to exist within the
1245	municipal boundaries of the Town of Loxahatchee Groves on
1246	October 10, 2006.
1247	(5)  PALM BEACH COUNTY MUNICIPAL SERVICE TAXING UNIT
1248	F.--That portion of Palm Beach County Municipal Service Taxing
1249	Unit F, a dependent district of Palm Beach County created by the
1250	Palm Beach County Commission that lies within the boundaries of
1251	the Town of Loxahatchee Groves, shall cease to exist within the
1252	municipal boundaries of the Town of Loxahatchee Groves on
1253	October 10, 2006.
1254	(6)  LOXAHATCHEE GROVES WATER CONTROL DISTRICT;
1255	CONTINUATION.--Notwithstanding the incorporation of the Town of
1256	Loxahatchee Groves, the Loxahatchee Groves Water Control
1257	District, an independent special district created pursuant to
1258	the laws of the state, is authorized to continue in existence.
1259	(7)  LOXAHATCHEE GROVES PARK;
1260	CONTINUATION.--Notwithstanding the incorporation of the Town of
1261	Loxahatchee Groves, the Loxahatchee Groves Park will continue to
1262	be operated by the Palm Beach County Department of Parks and
1263	Recreation, in accordance with existing Palm Beach County
1264	standards. All planned improvements to the park shall be subject
1265	to approval of the Town of Loxahatchee Groves but are the
1266	responsibility of Palm Beach County. Nothing contained herein
1267	shall prevent Palm Beach County and the Town of Loxahatchee
1268	Groves from entering into an interlocal agreement related to
1269	maintenance, planned improvements, sale, or transfer of the
1270	park.
1271	Section 12.  Repeal.--Section 6 of section 2 of chapter 99-
1272	99-425, Laws of Florida, is repealed.
1273	Section 13.  Waivers.--The thresholds established by
1274	section 165.061, Florida Statutes, for incorporation have been
1275	met with the following exceptions:
1276	(1)  A waiver is granted to provisions of section
1277	165.061(1)(b), Florida Statutes, relating to minimum population
1278	requirements of 5,000, due to the rural character of the Town of
1279	Loxahatchee Groves.
1280	(2)  A waiver is granted to provisions of section
1281	165.061(1)(c), Florida Statutes, relating to the minimum density
1282	of population of 1.5 persons per acre, to protect the historic,
1283	rural, and agricultural character of the town from surrounding
1284	development pressure.
1285	(3)  A waiver is granted to provisions of section
1286	165.061(1)(d), Florida Statutes, relating to the minimum
1287	distance of 2 miles from the town to an existing municipality
1288	due to the marked difference in character between the town, a
1289	historic and rural community, and surrounding communities with
1290	significantly greater density and urban characteristics.
1291	Section 14.  This act shall only take effect upon approval
1292	by a majority of those qualified electors residing within the
1293	proposed corporate limits of the proposed Town of Loxahatchee
1294	Groves as described in section 1, voting in a referendum
1295	election to be called by the Board of County Commissioners of
1296	Palm Beach County and to be held on October 10, 2006, in
1297	accordance with the provisions relating to elections currently
1298	in force, except that section 10(1) and this section shall take
1299	effect upon this act becoming a law.

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