HB 0951

CS

CHAMBER ACTION

1	The Local Government Council recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to Palm Beach County; creating the Town of
7	Loxahatchee Groves; providing a charter; providing
8	legislative intent; providing a council-manager form of
9	government; providing boundaries; providing municipal
10	powers; providing for a town council; providing for
11	membership, qualifications, terms, powers, and duties of
12	its members, including the mayor; providing for a vice
13	mayor; providing general powers and duties; providing
14	circumstances resulting in vacancy in office; providing
15	grounds for forfeiture and suspension; providing for
16	filling of vacancies; providing for compensation and
17	expenses; providing for appointment of charter officers,
18	including a town manager and town attorney; providing for
19	removal, compensation, and filling of vacancies; providing
20	qualifications, powers, and duties; providing for
21	meetings; providing for adoption, distribution, and
22	recording of technical codes; providing for recordkeeping;
23	providing a limitation upon employment of council members;
24	prohibiting certain interference with town employees;
25	establishing the fiscal year; providing for adoption of
26	annual budget and appropriations; providing for
27	supplemental, reduction, and transfer of appropriations;
28	providing for limitations; providing for referendum
29	requirements for revenue bonds and other multiyear
30	contracts; providing for financial audit; providing for
31	nonpartisan elections and matters relative thereto;
32	providing for recall; providing for initiative and
33	referenda; providing for future amendments of the charter;
34	providing for standards of conduct in office; providing
35	for severability; providing for a personnel system;
36	providing for charitable contributions; providing for land
37	use changes; providing the town a transitional schedule
38	and procedures for first election; providing for first-
39	year expenses; providing for adoption of transitional
40	ordinances, resolutions, comprehensive plan, and local
41	development regulations; providing for sharing of
42	communications services tax; providing for accelerated
43	entitlement to state-shared revenues; providing for gas
44	tax revenue; providing for continuation of the Palm Beach
45	County Fire Rescue Municipal Service Taxing Unit;
46	providing for law enforcement; providing for continuation
47	of the Palm Beach County Library District; providing for
48	dissolution of the Palm Beach County Municipal Service
49	Taxing Unit B and dissolution of the Palm Beach County
50	Municipal Service Taxing Unit F; providing for
51	continuation of the Loxahatchee Groves Water Control
52	District; providing for continuation of Loxahatchee Groves
53	Park; repealing s. 6 of s. 2 of chapter 99-425, Laws of
54	Florida, relating to a restriction on annexation of the
55	Loxahatchee Groves Water Control District; providing for
56	waivers; requiring a referendum; providing effective
57	dates.
58
59	Be It Enacted by the Legislature of the State of Florida:
60
61	Section 1.  Charter; creation; form of government;
62	boundaries and powers.--
63	(1)  CHARTER; CREATION.--
64	(a)  This act, together with any future amendments thereto,
65	may be known as the "Charter of the Town of Loxahatchee Groves"
66	(the "charter"), and the Town of Loxahatchee Groves (the "town")
67	is hereby created.
68	(b)  The Loxahatchee Groves area in Palm Beach County
69	includes a compact and contiguous rural community of
70	approximately 3,120 persons who are experiencing certain
71	impacts, such as the destruction of rural habitats and the
72	threat to equestrian, farming, and nursery businesses, resulting
73	from urbanization in the surrounding areas. The residents within
74	the town would like to control the effects of those impacts
75	through the incorporation of the town and its continued
76	existence as a historic, rural community with the benefits of
77	self-determination.
78	(c)  It is in the best interests of the public health,
79	safety, and welfare of the residents of the Loxahatchee Groves
80	area to form a separate municipality for the Loxahatchee Groves
81	area with all the powers and authority necessary to provide
82	adequate and efficient municipal services to its residents.
83	(d)  It is intended that this charter and the incorporation
84	of the Loxahatchee Groves area will serve to preserve and
85	protect the distinctive rural characteristics of the community,
86	such as low density, minimal lot coverage, substantial open
87	spaces, agricultural and nursery interests, and rural habitats,
88	and to acknowledge its close ties to the agriculture and
89	equestrian industries within the boundaries of the town.
90	(e)  It is the intent of this charter and the incorporation
91	of the town to secure the benefits of self-determination and
92	affirm the values of representative democracy, citizen
93	participation, strong community leadership, professional
94	management, and regional cooperation.
95	(2)  FORM OF GOVERNMENT.--The town shall have a council-
96	council-manager form of government.
97	(3)(a)  CORPORATE BOUNDARIES.--The corporate boundaries of
98	the Town of Loxahatchee Groves shall be as described as follows:
99
100	That portion of Loxahatchee Sub-Drainage District,
101	Township 43 South, Range 41 East and Range 40 East,
102	Palm Beach County, Florida, being more particularly
103	described as follows:
104	Beginning at the Northwest corner of Section Eighteen
105	(18) in Township Forty-three (43) South, Range Forty-
106	one (41) East, Palm Beach County, Florida, and run
107	thence along the North line of Section Eighteen (18)
108	and Seventeen (17) of said Township to the Northeast
109	corner of Section Seventeen (17) in said Township and
110	Range; thence run South along the Eastern boundary of
111	Section Seventeen (17) to the Southeast corner of said
112	Section;
113	Thence run East along the Northern boundary of Section
114	Twenty-one (21) and of Section Twenty-two (22) to the
115	Northeast corner of the Northwest quarter of the said
116	Section Twenty-two (22); Thence run South along the
117	East line of the Northwest quarter of said Section
118	Twenty-two (22) to the Southeast corner of said
119	Northwest quarter of said Section; Thence run West
120	along the South line of the Southeast quarter of
121	Northwest quarter of said Section Twenty-two (22) to
122	the Southwest corner of said Southeast quarter of
123	Northwest quarter of said Section; Thence run South
124	along the East line of the West half of the Southwest
125	quarter of Section Twenty-two (22) and of the West
126	half of West half of Section Twenty-seven (27) and of
127	the West half of West half of Section Thirty-four (34)
128	to the North Right of Way line of State Road 80, in
129	Section Thirty-four (34); Thence West along the
130	Northern edge of the North Right of Way line of State
131	Road 80, across the West half of West half of Section
132	Thirty-four (34) and across Section Thirty-three (33),
133	Thirty-two (32), and Thirty-one (31) in said Township
134	to the point where the range line dividing ranges
135	Forty (40) and Forty-one (41) East intersects said
136	North Right of Way line of State Road 80;
137	Thence North along the West line of Sections Thirty-
138	one (31), Thirty (30), Nineteen (19) and Eighteen (18)
139	to the Point of Beginning, embracing approximately Six
140	Thousand Nine Hundred Thirty five and 56/100
141	(6,935.56) acres.
142	Said lands lying within the above described boundary
143	lines are described more particularly as follow, to
144	wit:
145	All of Section Seventeen (17), Eighteen (18), Nineteen
146	(19), Twenty (20), and Twenty-one (21) and the
147	Northwest quarter and West half of Southwest quarter
148	of Section Twenty-two (22); and West half of West half
149	of Section Twenty-seven (27); and all Section Twenty-
150	eight (28), Twenty-nine (29) and Thirty (30) and all
151	of Section Thirty-one (31) North of North Right of Way
152	line of State Road 80; and all of Section Thirty-three
153	(32) North of North Right of Way line of State Road
154	80; and all of Section Thirty-three (33) North of
155	North Right of Way line of State Road 80; and all of
156	the West half of West half of Section Thirty-four (34)
157	North of North Right of Way line of State Road 80; all
158	in Township Forty-three (43) South Range Forty-one
159	(41) East, all of said lands being situate in Palm
160	Beach County, State of Florida, according to the
161	United States official surveys of said lands.
162	TOGETHER WITH
163	The South 1/2 of Sections 7 and 8, T43S, R41E.
164	The South 1/2 of the East 1/4 of Section 12, The East
165	1/4 of Sections 13, 24, 25, T43S, R40E, and that part
166	of the East 1/4 of Section 36, T43S, R40E, lying North
167	of the North Right of Way of S.R. 80, all in Palm
168	Beach County, Florida, containing 1320 acres, more or
169	less.
170	LESS AND EXCEPT The All or Nothing Legislation Parcel
171	as described in Senate Bill No. 2616, Laws of Florida,
172	Chapter 99-425, formerly known as The Palms West
173	Hospital property
174	A parcel bounded by Southern Boulevard (S.R. 80) on
175	the South, the Southern boundary of the drainage/road
176	Right of Way known as collecting canal on the North,
177	Folsom/Crestwood of the East, and the Western boundary
178	of The All or Nothing Legislation Parcel as described
179	in Senate Bill No. 2616, Laws of Florida, Chapter 99-
180	425 on the west, said parcel being more particularly
181	described as follows:
182	A parcel of land located in the County of Palm Beach,
183	State of Florida, to wit:
184	The point of beginning being the intersection of the
185	Easterly line of Lot 4, Block K, Loxahatchee District,
186	according to the plat thereof on file in the Office of
187	the Clerk of the Circuit Court recorded in Plat Book
188	7, Page 81, of the Public Records of Palm Beach
189	County, Florida, and the Southerly boundary of the
190	"Collecting Canal" as shown on the Replat of
191	Loxahatchee Groves Subdivision according to the Plat
192	thereof, recorded in Plat Book 12, Page 29, of the
193	Public Records of Palm Beach County, Florida; Thence
194	Easterly along said Southerly boundary of the
195	"Collecting Canal" to the Easterly boundary of said
196	Replat of Loxahatchee Groves; Thence South along said
197	Easterly boundary line of the Replat of Loxahatchee
198	Groves to the North Right of Way line of State Road
199	80; Thence Westerly along said Northerly Right of Way
200	line of State Road 80 to the Easterly line of Lot 4,
201	Block K, Loxahatchee District;
202	Thence Northerly along said Easterly line of Lot 4 to
203	the Point of Beginning, and
204	A portion of Lot 4, Block "K," Loxahatchee District
205	subdivision, according to the map or plat thereof as
206	recorded in Plat Book 7, page 81, public records, Palm
207	Beach County, Florida, being more particularly described as
208	follows:
209	Commencing at the northeast corner of said lot 4; thence,
210	south 02°16'42" west, along the east line of said lot 4, a
211	distance of 834.00 feet for a point of beginning.
212	Thence, continue south 02°16'42" west along said east line,
213	a distance of 1221.92 feet, more or less, to the
214	intersection thereof with the north right-of-way line of
215	State Road No. 80 as recorded in official records book
216	12372, page 468, said public records; thence, north
217	88°08'61" west, departing said east line and along said
218	north right-of-way line, a distance of 260.20 feet; thence,
219	north 02°16'46" east, departing said right-of-way line, a
220	distance of 80.00 feet; thence, north 88°08'51" west, a
221	distance of 248.59 feet; thence, north 02°16'46" east, a
222	distance of 321.11; thence, north 88°08'51" west, a
223	distance of 275.01 feet, more or less, to the intersection
224	thereof with the west line of said lot 4; thence, north
225	02°16'46" east, along said west line, a distance of 806.33
226	feet; thence, south 89°12'21" east, departing said west
227	line and along the south line of the north 834.00 feet of
228	said lot 4, as measured along the east and west lines of
229	said lot 4, a distance of 784.02 feet to the point of
230	beginning.
231	Containing: 18.867 acres, more or less.
232	(b)  The town shall not annex that area now known as
233	Callery-Judge Groves, generally described as that area of land
234	bounded on the north by M canal, on the south by the northern
235	border of the town, on the east by 140th, and on the west by M
236	canal.
237	(4)  MUNICIPAL POWERS.--The town shall be a body corporate
238	and politic and shall have all available governmental,
239	corporate, and proprietary powers of a municipality under the
240	State Constitution and laws of the state, as fully and
241	completely as though such powers were specifically enumerated in
242	this charter, and may exercise them, except when prohibited by
243	law. Through the adoption of this charter, it is the intent of
244	the electors of the town that the municipal government
245	established herein have the broadest exercise of home rule
246	powers permitted under the State Constitution and laws of the
247	state. This charter and the powers of the town shall be
248	construed liberally in favor of the town. It is recognized that
249	certain services within the municipal boundaries are provided by
250	independent special districts created by special acts of the
251	Legislature and by Palm Beach County.
252	Section 2.  Council; mayor and vice mayor.--
253	(1)  TOWN COUNCIL.--There shall be a five-member town
254	council ("council") vested with all legislative powers of the
255	town, consisting of five members ("council members"), each
256	elected from and representing the town at large. Unless
257	otherwise stated within this charter, all charter powers shall
258	be exercised by the council.
259	(2)  THE MAYOR; POWERS AND DUTIES.--
260	(a)  The council, at its first regular meeting after the
261	fourth Tuesday of each March, shall elect from its members a
262	mayor who shall serve for a period of 1 year and who shall have
263	the same legislative powers and duties as any other council
264	member, except as provided herein.
265	(b)  In addition to carrying out the regular duties of a
266	council member, the mayor shall preside at the meetings of the
267	council and shall be recognized as the head of town government
268	for service of process, ceremonial matters, and the signature or
269	execution of ordinances, contracts, deeds, bonds, and other
270	instruments and documents and for purposes of military law. The
271	mayor shall also serve as the ceremonial head of the town and
272	the town official designated to represent the town when dealing
273	with other entities. The mayor shall have no administrative
274	duties other than those necessary to accomplish these actions,
275	or such other actions as may be authorized by the town council,
276	consistent with general or special law.
277	(3)  THE VICE MAYOR.--
278	(a)  The council, at its first regular meeting after the
279	fourth Tuesday of each March, shall elect from its members a
280	vice mayor who shall serve for a period of 1 year and who shall
281	have the same legislative powers and duties while serving as any
282	other council member.
283	(b)  The vice mayor shall serve as acting mayor during the
284	absence or disability of the mayor. In the absence of the mayor
285	and the vice mayor, the remaining council members shall select a
286	council member to serve as acting mayor.
287	Section 3.  Election and terms of office.--
288	(1)  TERM OF OFFICE.--Each council member shall be elected
289	at large for a 3-year term by the electors of the town in the
290	manner provided herein. Council members shall be sworn into
291	office at the first regularly scheduled meeting following their
292	election. Each council member shall remain in office until his
293	or her successor is elected and assumes the duties of the
294	position.
295	(2)  SEATS.--The town council shall be divided into five
296	separate council seats to be designated as seats 1, 2, 3, 4, and
297	5, to be voted on townwide, with each qualified elector entitled
298	to vote for one candidate for each seat.
299	(3)  QUALIFICATION.--Candidates for each council seat must
300	qualify for council elections by seat in accordance with
301	applicable general law, and the council members elected to those
302	seats shall hold the seats 1 through 5, respectively. To qualify
303	for office:
304	(a)  Filing.--Each candidate for council member shall file
305	a written notice of candidacy with the town clerk at such time
306	and in such manner as may be prescribed by ordinance and shall
307	make payment to the town of any fees required by general law as
308	a qualifying fee.
309	(b)  Registered elector.--Each candidate for council member
310	shall be a registered elector in the state.
311	(c)  Residency.--Each candidate for council member shall
312	have maintained his or her domicile within the boundaries of the
313	town for a period of 1 year prior to qualifying for election
314	and, if elected, shall maintain such residency throughout his or
315	her term of office.
316	(d)  Deadline.--Any resident of the town who wishes to
317	become a candidate for a council member seat shall qualify with
318	the town clerk no sooner than noon on the last Tuesday in
319	January, nor later than noon on the first Tuesday in February,
320	of the year in which the election is to be held.
321	(4)  VACANCIES IN OFFICE; FORFEITURE; SUSPENSION; FILLING
322	OF VACANCIES.--
323	(a)  Vacancies.--A vacancy in the office of mayor, vice
324	mayor, or any council member shall occur upon the death of the
325	incumbent, removal from office as authorized by law,
326	resignation, appointment to other public office which creates
327	dual office holding, judicially determined incompetence, or
328	forfeiture of office as described in paragraph (b).
329	(b)  Forfeiture of office.--Any council member shall
330	forfeit his or her office upon determination by the council,
331	acting as a body, at a duly noticed public meeting that he or
332	she:
333	1.  Lacks at any time, or fails to maintain during his or
334	her term of office, any qualification for the office prescribed
335	by this charter or otherwise required by law;
336	2.  Is convicted of a felony or enters a plea of guilty or
337	nolo contendere to a crime punishable as a felony, even if
338	adjudication is withheld;
339	3.  Is convicted of a first degree misdemeanor arising
340	directly out of his or her official conduct or duties, or enters
341	a plea of guilty or nolo contendere thereto, even if
342	adjudication of guilt has been withheld;
343	4.  Is found to have violated any standard of conduct or
344	code of ethics established by law for public officials and has
345	been suspended from office by the Governor, unless subsequently
346	reinstated as provided by law; or
347	5.  Is absent from three consecutive regular council
348	meetings without good cause, or for any other reason established
349	in this charter.
350
351	The council shall be the sole judge of the qualifications of its
352	members and shall hear all questions relating to forfeiture of a
353	council member's office, including whether good cause for
354	absence has been or may be established. The burden of
355	establishing good cause shall be on the council member in
356	question; however, any council member may at any time during any
357	duly held meeting move to establish good cause for his or her
358	absence or the absence of any other commission member from any
359	past, present, or future meeting or meetings, which motion, if
360	carried, shall be conclusive. A council member whose
361	qualifications are in question or who is otherwise subject to
362	forfeiture of his or her office shall not vote on any such
363	matters. The council member in question shall be entitled to a
364	public hearing on request regarding an alleged forfeiture of
365	office. If a public hearing is requested, notice thereof shall
366	be published in one or more newspapers of general circulation in
367	the town at least 1 week in advance of the hearing. Any final
368	determination by the council that a council member has forfeited
369	his or her office shall be made by resolution. All votes and
370	other acts of the council member in question prior to the
371	effective date of such resolution shall be valid regardless of
372	the grounds of forfeiture.
373	(c)  Suspension from office.--Any council member shall be
374	suspended from office upon return of an indictment or issuance
375	of any information charging the council member with any crime
376	which is punishable as a felony or with any crime arising out of
377	his or her official duties which is punishable as a first degree
378	misdemeanor. Pursuant thereto:
379	1.  During a period of suspension, a council member shall
380	not perform any official act, duty, or function or receive any
381	pay, allowance, emolument, or privilege of office.
382	2.  If the council member is subsequently found not guilty
383	of the charge, or if the charge is otherwise dismissed, reduced,
384	or altered in such a manner that suspension would no longer be
385	required as provided herein, the suspension shall be lifted and
386	the council member shall be entitled to receive full back pay
387	and such other emoluments or allowances as he or she would have
388	been entitled to had the suspension not occurred.
389	(d)  Filling of vacancies.--
390	1.  If any vacancy occurs in the office of any council
391	member and the remainder of the council member's unexpired term
392	is less than 1 year and 81 days, the remaining council members
393	shall, within 30 days following the occurrence of such vacancy,
394	by majority vote, appoint a person to fill the vacancy for the
395	remainder of the unexpired term.
396	2.  If any vacancy occurs in the office of any council
397	member and the remainder of the unexpired term is equal to or
398	exceeds 1 year and 81 days, the remaining council members shall,
399	within 30 days following the occurrence of such vacancy, by
400	majority vote, appoint a person to fill the vacancy until the
401	next regularly scheduled town election, at which time an
402	election shall be held to fill the vacancy.
403	3.  If a vacancy occurs in the office of mayor and fewer
404	than 120 days remain in the term of the council member who was
405	elected mayor, the vice mayor shall serve as mayor until a new
406	mayor is elected by the council and assumes the duties of his or
407	her office. If a vacancy occurs in the office of mayor and 120
408	days or more remain in the term of the mayor, the vice mayor
409	shall serve as mayor until a new council member is elected and
410	the council elects a new mayor and vice mayor as provided by
411	this charter.
412	4.  Any person appointed to fill a vacancy on the council
413	shall be required to meet the qualifications of the seat to
414	which he or she is appointed.
415	5.  Notwithstanding any quorum requirements established
416	herein, if at any time the full membership of the council is
417	reduced to less than a quorum, the remaining members may, by
418	majority vote, appoint additional members to the extent
419	otherwise permitted or required under this subsection.
420	6.  In the event that all the members of the council are
421	removed by death, disability, recall, forfeiture of office, or
422	resignation, or any combination thereof, the Governor shall
423	appoint interim council members who shall call a special
424	election within not fewer than 30 days or more than 60 days
425	after such appointment. Such election shall be held in the same
426	manner as the initial elections under this charter. However, if
427	there are fewer than 6 months remaining in any unexpired terms,
428	the interim council appointed by the Governor shall serve out
429	the unexpired terms. Appointees must meet all requirements for
430	candidates as provided in this charter.
431	(e)  Compensation and expenses.--
432	1.  Town council members shall be entitled to receive
433	reimbursement in accordance with general law for authorized
434	travel and per diem expenses incurred in the performance of
435	their official duties.
436	2.  The town council, by not fewer than four affirmative
437	votes, may elect to provide for compensation and any increase in
438	such compensation by ordinance. However, no such ordinance
439	establishing or increasing compensation shall take effect until
440	the date of commencement of the terms of council members elected
441	at the next regular election which follows the adoption of such
442	ordinance.
443	Section 4.  Administrative.--
444	(1)  DESIGNATION OF CHARTER OFFICERS.--The town manager and
445	the town attorney are designated as charter officers, except
446	that the office of town attorney may be contracted to an
447	attorney or law firm.
448	(2)  APPOINTMENT; REMOVAL; COMPENSATION; FILLING OF
449	VACANCIES.--
450	(a)  The charter officers shall be appointed by a majority
451	vote of the full council and shall serve at the pleasure of the
452	council.
453	(b)  The charter officers shall be removed from office only
454	by a super majority vote of the full council. Upon demand by a
455	charter officer, a public hearing shall be held prior to such
456	removal.
457	(c)  The compensation of the charter officers shall be
458	fixed by the town council through the approval of an acceptable
459	employment contract.
460	(d)  The town council shall begin the process to fill a
461	vacancy in a charter office within 90 days after the vacancy. An
462	acting town manager or an acting town attorney may be appointed
463	by the council during a vacancy in such charter office.
464	(e)  A charter officer shall not be a member of the town
465	council or a candidate for town council while holding a charter
466	officer position.
467	(3)  TOWN MANAGER.--The town manager shall be the chief
468	administrative officer of the town.
469	(a)  The town council shall appoint a town manager who
470	shall be the administrative head of the municipal government
471	under the direction and supervision of the town council. The
472	town manager shall hold office at the pleasure of the town
473	council. The town manager shall be appointed by resolution
474	approving an employment contract between the town and the town
475	manager. The town manager shall receive such compensation as
476	determined by the town council through the adoption of an
477	appropriate resolution.
478	(b)  The town manager shall have the minimum qualifications
479	of a combination of a bachelor's degree in public
480	administration, business administration, or other related fields
481	from an accredited college or university and 3 years' public
482	administration experience or 6 years' experience in a city
483	manager or assistant city manager position, preferably in an
484	International City/County Management Association-recognized
485	local government.
486	(c)  It is preferred that the town manager be an
487	International City/County Management Association-credentialed
488	manager or obtain such credential within 2 years after being
489	appointed.
490	(d)  During the absence or disability of the town manager,
491	the town council may by resolution designate some properly
492	qualified person to temporarily execute the functions of the
493	town manager. The person thus designated shall have the same
494	powers and duties as the town manager and shall be known while
495	serving as acting town manager. The town manager or acting town
496	manager may be removed by the town council at any time.
497	(e)  As the chief administrative officer, the town manager
498	shall:
499	1.  Direct and supervise the administration of all
500	departments, offices, and agencies of the town, except the
501	office of town attorney, and except as otherwise provided by
502	this charter or by law.
503	2.  Appoint, suspend, or remove any employee of the town or
504	appointive administrative officer provided for, by, or under
505	this charter, except the office of town attorney, and except as
506	may otherwise be provided by law, this charter, or personnel
507	rules adopted pursuant to the charter. The town manager may
508	authorize any administrative officer who is subject to his or
509	her direction and supervision to exercise these powers with
510	respect to subordinates in that officer's department, office, or
511	agency.
512	3.  Ensure that all laws, provisions of this charter, and
513	acts of the council are faithfully executed.
514	4.  Prepare and submit the annual budget and capital
515	program to the council in the form prescribed by ordinance.
516	5.  Attend meetings of the town council.
517	6.  Draw and sign vouchers upon depositories as provided by
518	ordinance and keep, or cause to be kept, a true and accurate
519	account of same.
520	7.  Sign all licenses issued by the town, issue receipts
521	for all moneys paid to the town, and deposit such moneys in the
522	proper depositories on the first banking day after receipt. The
523	town manager may delegate the responsibilities of this
524	subparagraph to an appropriate town employee who shall be
525	bonded.
526	8.  Provide administrative services in support of the
527	official duties of the mayor and the council.
528	9.  Keep the council advised as to the financial condition
529	and future needs of the town and make recommendations to the
530	council concerning the affairs of the town.
531	10.  Submit to the council, and make available to the
532	public, a complete report on finances and administrative
533	activities of the town as of the end of each fiscal year.
534	11.  Sign contracts on behalf of the town to the extent
535	authorized by ordinance.
536	12.  Perform such other duties as are specified in this
537	charter or as may be required by the council.
538	(4)  TOWN ATTORNEY.--
539	(a)  The town attorney shall be employed under terms and
540	conditions deemed advisable by the town council, which may
541	include the appointment of a law firm.
542	(b)  The town attorney shall be a member in good standing
543	with The Florida Bar, have been admitted to practice in the
544	state for at least 5 years, and have not less than 2 years'
545	experience in the practice of local government law.
546	(c)  The town attorney has sole discretion to appoint,
547	promote, suspend, demote, remove, or terminate deputy and
548	assistant town attorneys, subject to the town's annual budget.
549	(d)  The town attorney shall perform the following
550	functions in addition to other functions as designated by the
551	town council:
552	1.  Serve as chief legal advisor to the town council, the
553	charter officers, and all town departments, offices, and
554	agencies.
555	2.  Attend all regular and special town council meetings,
556	unless excused by the town council, and perform such
557	professional duties as may be required by law or by the council
558	in furtherance of the law.
559	3.  Approve all contracts, bonds, and other instruments in
560	which the town is concerned and shall endorse on each his or her
561	approval of the form and correctness thereof. No contract with
562	the town shall take effect until his or her approval is so
563	endorsed thereon.
564	4.  When requested to do so by the council, prosecute and
565	defend on behalf of the town all complaints, suits, and
566	controversies in which the town is a party.
567	5.  Perform such other professional duties as required of
568	him or her by resolution of the council or as prescribed for
569	municipal attorneys in the general laws of the state which are
570	not inconsistent with this charter.
571	6.  Prepare an annual budget for the operation of the
572	office of the town attorney and submit this budget to the town
573	manager for inclusion in the annual town budget, in accordance
574	with uniform town procedures.
575	(5)  TOWN CLERK.--The town manager shall appoint a town
576	clerk or management firm to serve as town clerk (the "clerk").
577	The clerk shall give notice of council meetings to its members
578	and the public, keep minutes of its proceedings, and perform
579	such other duties as the council or town manager may prescribe
580	from time to time. The clerk shall report to the town manager.
581	(6)  EXPENDITURE OF TOWN FUNDS.--No funds of the town shall
582	be expended except pursuant to duly approved appropriations or
583	for the payment of bonds, notes, or other indebtedness duly
584	authorized by the council and only from such funds so
585	authorized.
586	(7)  TOWN BOARDS AND AGENCIES.--Except as otherwise
587	provided by law, the council may establish or terminate such
588	boards and agencies as it may deem advisable from time to time.
589	The boards and agencies shall report to the council. Members of
590	boards and agencies shall be appointed by the council by
591	resolution.
592	Section 5.  Legislative.--
593	(1)  REGULAR MEETINGS.--The council shall conduct regular
594	meetings at such times and places as the council shall prescribe
595	by resolution. Such meetings shall be public meetings within the
596	meaning of state law and shall be subject to notice and other
597	requirements of law applicable to public meetings.
598	(2)  SPECIAL MEETINGS.--Special meetings may be held at the
599	call of the mayor or, in his or her absence, at the call of the
600	vice mayor. Special meetings may also be called upon the request
601	of a majority of the council members. Unless the meeting is of
602	an emergency nature, the person or persons calling such a
603	meeting shall provide not less than 72 hours' prior notice of
604	the meeting to the public.
605	(3)  COMMENCEMENT.--All meetings shall be scheduled to
606	commence no earlier than 7 a.m. nor later than 10 p.m.
607	(4)  RULES; ORDER OF BUSINESS.--The council shall determine
608	its own rules and order of business.
609	(5)  QUORUM.--A majority of the full council shall
610	constitute a quorum.
611	(6)  VALIDITY OF ACTION.--No action of the council shall be
612	valid unless adopted by an affirmative vote of the majority of
613	the full council, unless otherwise provided by law.
614	(7)  LEGISLATIVE POWERS.--Except as otherwise prescribed
615	herein or as provided by law, the legislative powers of the town
616	shall be vested in the council. The council shall provide for
617	the exercise of its powers and for the performance of all duties
618	and obligations imposed on the town by law.
619	(8)  DEPARTMENTS.--The council may establish such other
620	departments as it determines necessary for the efficient
621	administration and operation of the town. Such departments,
622	offices, or agencies shall be established by ordinance.
623	(9)  CODE.--The council may adopt any standard code of
624	technical regulations by reference thereto in an adopting
625	ordinance and may amend the code in the adopting ordinance or
626	later amendatory ordinance. The procedures and requirements
627	governing such an adopting ordinance shall be as prescribed for
628	ordinances generally, except that:
629	(a)  Requirements regarding distribution and filing of
630	copies of the ordinance shall not be construed to require
631	distribution and filing of copies of the adopted code of
632	technical regulations.
633	(b)  A copy of each adopted code of technical regulations,
634	as well as of the adopting ordinance, shall be authenticated and
635	recorded by the town clerk.
636	(10)  EMERGENCY ORDINANCES.--
637	(a)  To meet a public emergency affecting life, health,
638	property, or the public peace, the council may adopt, in the
639	manner provided by general law, one or more emergency
640	ordinances, but such ordinances may not enact or amend a land
641	use plan or rezone private property; levy taxes; grant, renew,
642	or extend any municipal franchise; set service or user charges
643	for any municipal services; or authorize the borrowing of money,
644	except as provided under the emergency appropriations provisions
645	of this charter, if applicable. An emergency ordinance shall be
646	introduced in the form and manner prescribed for ordinances
647	generally, except that it shall be plainly designated in a
648	preamble as an emergency ordinance and shall contain, after the
649	enacting clause, a declaration stating that an emergency exists
650	and describing it in clear and specific terms.
651	(b)  Upon the affirmative vote of four council members, an
652	emergency ordinance may be adopted with or without amendment or
653	rejected at the meeting at which it is introduced. After its
654	adoption, the ordinance shall be advertised and printed as
655	prescribed for other ordinances.
656	(c)  Emergency ordinances shall become effective upon
657	adoption or at such other date as may be specified in the
658	ordinance.
659	(d)  Every emergency ordinance, except emergency
660	appropriation ordinances, shall automatically be repealed as of
661	the 61st day following its effective date, but this shall not
662	prevent reenactment of the ordinance under regular procedures
663	or, if the emergency still exists, in the manner specified in
664	this section. An emergency ordinance may also be repealed by
665	adoption of a repealing ordinance in the same manner specified
666	in this section for adoption of emergency ordinances.
667	(11)  EMERGENCY APPROPRIATIONS.--To meet a public emergency
668	affecting life, health, property, or the public peace, the
669	council, by resolution, may make emergency appropriations. To
670	the extent that there are no unappropriated revenues to meet
671	such appropriation, the council may by such emergency resolution
672	authorize the issuance of emergency notes, which may be renewed
673	from time to time, but the emergency notes and renewals in any
674	fiscal year shall be paid not later than the last day of the
675	fiscal year succeeding that in which the emergency
676	appropriations were made.
677	(12)  RECORDKEEPING.--The council shall, in a properly
678	indexed book kept for the purpose, provide for the
679	authentication and recording in full of all minutes of meetings
680	and all ordinances and resolutions adopted by the council, and
681	the same shall at all times be a public record. The council
682	shall further maintain a current codification of all ordinances.
683	Such codification shall be printed and shall be made available
684	for distribution to the public on a continuing basis. All
685	ordinances or resolutions of the council shall be signed by all
686	council members and attested to by the town clerk.
687	(13)  DUAL OFFICE HOLDING.--No present elected town
688	official shall hold any compensated appointive office or
689	employment of the town while in office, nor shall any former
690	council member be employed by the town until after the
691	expiration of 1 year from the time of leaving office.
692	(14)  NONINTERFERENCE BY TOWN COUNCIL.--Except for the
693	purposes of inquiry and information, council members are
694	expressly prohibited from interfering with the performance of
695	the duties of any employee of the town government who is under
696	the direct or indirect supervision of the town manager or town
697	attorney. Such action shall be malfeasance within the meaning of
698	section 112.51, Florida Statutes. Recommendations for
699	improvements in the town government operations shall come
700	through the town manager, but each member of the council shall
701	be free to discuss or recommend improvements to the town
702	manager, and the council is free to direct the town manager to
703	implement specific recommendations for improvement in town
704	government operations.
705	Section 6.  Budget and appropriations.--
706	(1)  FISCAL YEAR.--The town shall have a fiscal year which
707	shall begin on the first day of October and shall end on the
708	last day of September of the following calendar year, unless
709	otherwise defined by general law. Such fiscal year shall also
710	constitute the annual budget and accounting year.
711	(2)  BUDGET ADOPTION.--The council shall adopt a budget in
712	accordance with applicable general law, following a minimum of
713	two public hearings on the proposed budget. A resolution
714	adopting the annual budget shall constitute appropriation of the
715	amounts specified therein as expenditures from funds indicated.
716	(3)  EXPENDITURES.--The budget shall not provide for
717	expenditures in an amount greater than the revenues budgeted.
718	(4)  APPROPRIATIONS.--
719	(a)  If, during the fiscal year, revenues in excess of
720	those estimated in the budget are available for appropriation,
721	the council by resolution may make supplemental appropriations
722	for the year in an amount not to exceed such excess.
723	(b)  If, at any time during the fiscal year, it appears
724	probable to the town manager that the revenues available will be
725	insufficient to meet the amount appropriated, the town manager
726	shall report to the council without delay, indicating the
727	estimated amount of the deficit, any remedial action taken, and
728	recommendations as to any other steps that should be taken. The
729	council shall then take such further action as it deems
730	necessary to prevent or minimize any deficit and, for that
731	purpose, the council may by resolution reduce one or more
732	appropriations accordingly.
733	(c)  No appropriation for debt service may be reduced or
734	transferred, and no appropriation may be reduced below any
735	amount required by law to be appropriated, or by more than the
736	unencumbered balance thereof. Other provisions of law to the
737	contrary notwithstanding, the supplemental and emergency
738	appropriations and reduction or transfer of appropriations
739	authorized by this section may be made effective immediately
740	upon adoption.
741	(5)  BONDS; INDEBTEDNESS.--
742	(a)  Subject to the referendum requirements of the State
743	Constitution, if applicable, the town may from time to time
744	borrow money and issue bonds or other obligations or evidence of
745	indebtedness (collectively, "bonds") of any type or character
746	for any of the purposes for which the town is now or hereafter
747	authorized by law to borrow money, including to finance the cost
748	of any capital or other project and to refund any and all
749	previous issues of bonds at or prior to maturity. Such bonds may
750	be issued pursuant to one or more resolutions adopted by a
751	majority of the council.
752	(b)  The town may assume all outstanding indebtedness
753	related to facilities it acquires from other units of local
754	government and be liable for payment thereon in accordance with
755	its terms.
756	(6)  REVENUE BONDS; LEASE-PURCHASE CONTRACTS.--Unless
757	authorized by the electors of the town at a duly held referendum
758	election, the council shall not authorize or allow to be
759	authorized the issuance of revenue bonds or enter into lease-
760	purchase contracts or any other unfunded multiyear contracts for
761	the purchase of real property or the construction of any capital
762	improvement, the repayment of which extends in excess of 36
763	months, unless mandated by state or federal governing agencies.
764	(7)  ANNUAL AUDIT.--The council shall provide for an
765	independent annual financial audit of all town accounts and may
766	provide for more frequent audits as it deems necessary. Such
767	audits shall be made by a certified public accountant or a firm
768	of such accountants who have no personal interest, direct or
769	indirect, in the fiscal affairs of the town government or in any
770	of its officers. Residency in the town shall not be construed as
771	a prohibited interest.
772	Section 7.  Elections.--
773	(1)  ELECTORS.--Any person who is a resident of the town,
774	who has qualified as an elector of this state, and who registers
775	in the manner prescribed by law shall be an elector of the town.
776	(2)  NONPARTISAN ELECTIONS.--All elections for the town
777	council members shall be conducted on a nonpartisan basis
778	without any designation of political party affiliation.
779	(3)  ELECTION DATES.--A special election shall be held on
780	the second Tuesday in March 2007, and regular elections shall be
781	held on the second Tuesday in March of each election year,
782	provided as follows:
783	(a)  For the two council member seats that received the
784	highest number of votes in the March 2007 election, the next
785	election to fill the council member seats shall be held on the
786	second Tuesday in March after the first Monday in March in 2010,
787	and every 3 years thereafter.
788	(b)  For the two council member seats that received the
789	next highest number of votes in the March 2007 election, the
790	next election to fill the council member seats shall be held on
791	the second Tuesday in March after the first Monday in March in
792	2009, and every 3 years thereafter.
793	(c)  For the remaining council member seat, the next
794	election to fill the council member seat shall be held on the
795	second Tuesday in March after the first Monday in March in 2008,
796	and every 3 years thereafter.
797	(d)  Such town elections shall be general town elections.
798	(4)  RUNOFF ELECTIONS.--In the event no candidate for an
799	office receives a majority of the votes cast for such office,
800	the person receiving the largest number of votes cast will be
801	elected. In the event two candidates receive an equal number of
802	votes, a runoff election shall be held on the fourth Tuesday in
803	March.
804	(5)  TOWN CANVASSING BOARD.--The town canvassing board
805	shall be composed of those members of the town council who are
806	not candidates for reelection and the town clerk, who shall act
807	as chair. At the close of the polls of any town election, or as
808	soon thereafter as practicable, the canvassing board shall meet
809	at a time and place designated by the chair and shall proceed to
810	publicly canvass the vote as shown by the returns then on file
811	in the office of the town clerk, and then shall publicly canvass
812	the absentee elector ballots. The canvassing board shall prepare
813	and sign a certificate containing the total number of votes cast
814	for each candidate or other measure voted upon. The certificate
815	shall be placed on file with the town clerk.
816	(6)  SPECIAL ELECTIONS.--Special municipal elections, when
817	required, shall be held in the same manner as regular elections,
818	except that the town council, by ordinance, shall fix the time
819	for holding such elections consistent with this charter and
820	state law.
821	(7)  GENERAL ELECTION.--
822	(a)  The ballot for the general election shall contain the
823	names of all qualified candidates for each respective council
824	member seat and shall instruct electors to cast one vote for
825	each council member seat, with a maximum of one vote per
826	candidate. The candidate for each council member seat receiving
827	the most votes shall be the duly elected council member for that
828	designated council member seat.
829	(b)  No election for any council member seat shall be
830	required in any election if there is only one duly qualified
831	candidate for the council member seat.
832	(c)  If more than one candidate for a designated council
833	member seat receive an equal and highest number of votes, the
834	candidates for the office receiving the highest vote in the
835	general election shall run again in the runoff election.
836	(d)  The candidate receiving the highest number of votes
837	cast for the designated council member seat in the runoff
838	election shall be elected to the designated council member seat.
839	If the vote at the runoff election results in a tie, the outcome
840	shall be determined by lot.
841	(e)  The term of office of any elected official shall
842	commence immediately after the election.
843	(f)  All elected officers, before entering upon their
844	duties, shall take and subscribe to the following oath of
845	office:
846	"I do solemnly swear (or affirm) that I will support, protect,
847	and defend the Constitution and Government of the United States
848	and of the state, and the charter of the Town of Loxahatchee
849	Groves; that I am duly qualified to hold office under the
850	Constitution of the State and the charter of the Town of
851	Loxahatchee Groves; and that I will well and faithfully perform
852	the duties of council member upon which I am now about to
853	enter."
854	(g)  The election laws of the state shall apply to all
855	elections.
856	(h)  Any member of the town council may be removed from
857	office by the electors of the town following the procedures for
858	recall established by general law.
859	Section 8.  Initiative and referendum.--
860	(1)  POWER TO INITIATE AND RECONSIDER ORDINANCES.--
861	(a)  The electors of the town shall have the power to
862	propose ordinances to the town council and, if the town council
863	fails to adopt an ordinance so proposed without any change in
864	substance, to adopt or reject it at a town election, provided
865	that such power shall not extend to the annual budget or capital
866	program or any ordinance appropriating money, levying taxes, or
867	setting salaries of town officers or employees.
868	(b)1.  The town council shall have the power, by
869	resolution, to call for a referendum vote by the electors of the
870	town at any time, provided that the purpose of such referendum
871	is presented to the town at a public hearing at least 60 days
872	prior to the adoption of such resolution. Any resolution calling
873	for a referendum vote of the electors of the town must be passed
874	by the affirmative vote of not less than four members of the
875	council.
876	2.  The electors of the town shall have the power to
877	require reconsideration by the town council of any adopted
878	ordinance and, if the town council fails to repeal an ordinance
879	so reconsidered, to approve or reject it at a town election,
880	provided that such power shall not extend to the annual budget
881	or capital program or any ordinance appropriating money, levying
882	taxes, or setting salaries of town officers or employees.
883	(2)  COMMENCEMENT OF PROCEEDINGS.--Any 10 electors may
884	commence initiative or referendum proceedings by filing with the
885	town clerk an affidavit stating that they shall constitute the
886	petitioner's committee and be responsible for circulating the
887	petition and filing it in proper form stating their names and
888	addresses and specifying the address to which all notices to the
889	committee are to be sent, and setting out in full the proposed
890	initiative ordinance or citing the ordinance sought to be
891	reconsidered. Promptly after the affidavit of the petitioner's
892	committee is filed, the town clerk may, at the committee's
893	request, issue the appropriate petition blanks to the
894	petitioner's committee at the committee's expense.
895	(3)  PETITIONS.--
896	(a)  Initiative and referendum petitions must be signed by
897	electors of the town equal in number to at least 10 percent of
898	the total number of electors registered to vote in the last
899	regular town election.
900	(b)  All papers of a petition shall be assembled as one
901	instrument of filing. Each signature shall be executed in ink
902	and shall be followed by the printed name and address of the
903	person signing. Petitions shall contain or have attached thereto
904	throughout their circulation the full text of the ordinance
905	proposed or sought to be reconsidered.
906	(c)  Each paper of a petition shall have attached to it
907	when filed an affidavit executed by the circulator thereof
908	stating that he or she personally circulated the paper, the
909	number of signatures thereon, that all signatures were affixed
910	in his or her presence, that he or she believes them to be the
911	genuine signatures of the persons whose names they purport to
912	be, and that each signer had an opportunity before signing to
913	read the full text of the ordinance proposed or sought to be
914	reconsidered.
915	(d)  Except as otherwise provided herein, all initiative
916	and referendum petitions must be filed within 60 days of the
917	date on which proceedings with respect to such initiative or
918	referendum are commenced, and all requirements of the process,
919	including, but not limited to, the submission of the signatures
920	required, must be completed no later than 90 days following the
921	date of filing such initiative or referendum petition.
922	(4)  PROCEDURE FOR FILING.--
923	(a)  Within 20 days after an initiative petition or a
924	referendum petition is filed, the town clerk shall complete a
925	certificate as to its sufficiency, specifying, if it is
926	insufficient, the particulars wherein it is defective, and shall
927	promptly send a copy of the certificate to the petitioner's
928	committee by registered mail. Grounds for insufficiency are only
929	those specified herein that are not met. A petition certified
930	insufficient for lack of the required number of valid signatures
931	may be amended once if the petitioner's committee files a notice
932	of intent to amend it with the designated official within 2
933	business days after receiving the copy of the certificate and
934	files a supplementary petition upon additional papers within 10
935	days after receiving the copy of such certificate. Such
936	supplementary petition shall comply with original petition
937	requirements, and within 5 days after it is filed the town clerk
938	shall complete a certificate as to the sufficiency of the
939	petition as amended and promptly send a copy of such certificate
940	to the petitioner's committee by registered mail. If a petition
941	or an amended petition is certified sufficient, or if a petition
942	or amended petition is certified insufficient and the
943	petitioner's committee does not elect to amend or request the
944	town council review within the time required, the town clerk
945	shall promptly present a certificate to the town council and
946	such certificate shall then be a final determination as to the
947	sufficiency of the petition.
948	(b)  If a petition has been certified insufficient and the
949	petitioner's committee does not file notice of intent to amend
950	it or if an amended petition has been certified insufficient,
951	the committee may, within 2 business days after receiving the
952	copy of such certificate, file a request that it be reviewed by
953	the town council. The town council shall review the certificate
954	at its next meeting following the town council's filing of such
955	request and approve or disapprove it, and determination shall
956	then be final as to the sufficiency of the petition.
957	(5)  ACTION ON PETITIONS.--
958	(a)  When an initiative or referendum petition has been
959	determined sufficient, the town council shall promptly consider
960	the proposed initiative ordinance or reconsider the referendum
961	ordinance by voting its repeal. If the town council fails to
962	adopt a proposed initiative ordinance without any change in
963	substance within 45 days or fails to repeal the referendum
964	ordinance within 30 days after the date on which the petition is
965	determined to be sufficient, it shall submit the proposed
966	initiative or referendum ordinance to the electors of the town.
967	If the town council fails to act on a proposed initiative
968	ordinance or a referendum ordinance within the time period
969	specified, the town council shall be deemed to have failed to
970	adopt the proposed initiative ordinance or failed to repeal the
971	referendum ordinance on the last day that the town council was
972	authorized to act on such matter.
973	(b)  The vote of the town on a proposed initiative or
974	referendum ordinance shall be held not fewer than 30 days or
975	more than 60 days from the date the town council acted or was
976	deemed to have acted pursuant to this charter. If no regular
977	election is to be held within the period described in this
978	paragraph, the town council shall provide for a special
979	election, except that the town council may, in its discretion,
980	provide for a special election at an earlier date within the
981	described period. Copies of the proposed initiative or
982	referendum ordinance shall be made available at the polls.
983	(c)  An initiative or referendum petition may be withdrawn
984	at any time prior to the 15th day preceding the day scheduled
985	for a vote of the town by filing with the town clerk a request
986	for withdrawal signed by at least eight members of the
987	petitioner's committee. Upon the filing of such request, the
988	petition shall have no further force or effect and all
989	proceedings thereon shall be terminated.
990	(6)  RESULTS OF ELECTION.--
991	(a)  If a majority of the qualified electors voting on a
992	proposed initiative ordinance vote in its favor, it shall be
993	considered adopted upon certification of the election results.
994	If conflicting ordinances are approved at the same election, the
995	one receiving the greatest number of affirmative votes shall
996	prevail to the extent of such conflict.
997	(b)  If a majority of the qualified electors voting on a
998	referendum ordinance vote against it, it shall be considered
999	repealed upon certification of the election results.
1000	Section 9.  General provisions.--
1001	(1)  SEVERABILITY.--If any section or part of any section
1002	of this charter shall be held invalid by a court of competent
1003	jurisdiction, such holding shall not affect the remainder of
1004	this charter or the context in which such section or part of a
1005	section so held invalid may appear, except to the extent that an
1006	entire section or part of a section may be inseparably connected
1007	in meaning and effect with the section or part of a section to
1008	which such holding shall directly apply.
1009	(2)  TOWN PERSONNEL SYSTEM.--All new employments,
1010	appointments, and promotions of town officers and employees
1011	shall be made pursuant to personnel procedures to be established
1012	by the town manager from time to time.
1013	(3)  CHARITABLE CONTRIBUTIONS.--The town shall not make any
1014	charitable contribution to any person or entity unless
1015	authorized by the council.
1016	(4)  VARIATION OF PRONOUNS.--All pronouns and any
1017	variations thereof used in this charter shall be deemed to refer
1018	to masculine, feminine, neutral, singular, or plural as the
1019	identity of the person or persons shall require and are not
1020	intended to describe, interpret, define, or limit the scope,
1021	extent, or intent of this charter.
1022	(5)  CALENDAR DAY.--For the purpose of this charter, a day
1023	shall mean a calendar day.
1024	(6)  CHARTER REVIEW COMMITTEE.--
1025	(a)  At its first regular meeting in March 2012, and every
1026	10th year thereafter, the town council may appoint a charter
1027	review committee consisting of 15 individuals who are not
1028	members of the town council to serve in an advisory capacity to
1029	the town council.
1030	(b)  Each council member shall recommend and nominate three
1031	individuals to serve on the committee as regular members, which
1032	appointments shall be approved by a majority vote of the town
1033	council. Individuals appointed to the charter review committee
1034	shall be citizens of the town.
1035	(c)  The charter review committee shall appoint its own
1036	chair and vice chair and adopt its own rules and procedures.
1037	(d)  The town clerk and the town attorney shall advise the
1038	town council in advance of the date when such appointments may
1039	be made.
1040	(e)  If appointed, the charter review committee shall
1041	commence its proceedings within 30 days after the committee is
1042	appointed by the town council. The committee shall review the
1043	charter and provide input to the town council to modernize and
1044	improve the charter. The public shall be given an opportunity to
1045	speak and participate at charter review committee meetings in
1046	accordance with the rules of the charter review committee.
1047	(f)  All recommendations by the charter review committee
1048	shall be forwarded to the town council in ordinance form for
1049	consideration no later than the 1st day of March of the year
1050	following the appointment of the charter review committee, and
1051	in sufficient time for any recommendations to be considered by
1052	the town council as provided herein.
1053	(g)  The town council shall consider the recommendations of
1054	the charter review committee at the regular meeting in November
1055	and the regular meeting in December of the year following
1056	appointment of the charter review committee.
1057	(7)  CHARTER AMENDMENTS.--This charter may be amended in
1058	accordance with the provisions for charter amendments as
1059	specified in general law or as may otherwise be provided by
1060	general law. The form, content, and certification of any
1061	petition to amend shall be established by ordinance.
1062	(8)  INITIATION BY PETITION.--The electors of the town may
1063	propose amendments to this charter by petition to be submitted
1064	to the council to be placed before the electors, as provided by
1065	general law.
1066	(9)  STANDARDS OF CONDUCT.--All elected officials and
1067	employees of the town shall be subject to the standards of
1068	conduct for public officers and employees set by general law. In
1069	addition, the town council shall, no later than 6 months from
1070	the effective date of incorporation, establish by ordinance a
1071	code of ethics for officials and employees of the town which may
1072	be supplemental to general law, but in no case may such an
1073	ordinance diminish the provisions of general law. The intent of
1074	this subsection is to require more stringent standards than
1075	those provided under general law.
1076	(10)  LAND USE, REZONING.--Any change to the town's future
1077	land use map, or any change to the zoning designation for any
1078	parcel within the town shall require the affirmative vote of no
1079	fewer than four members of the town council.
1080	Section 10.  Transition schedule.--
1081	(1)  REFERENDUM.--The Palm Beach County Commission shall
1082	hold the referendum election called for by this act on October
1083	10, 2006, at which time the following question shall be placed
1084	upon the ballot:
1085
1086	"Shall the creation of the Town of Loxahatchee Groves and its
1087	charter be approved?"
1088
1089	Yes
1090
1091	No
1092
1093	(2)  INITIAL ELECTION OF COUNCIL MEMBERS; DATES.--
1094	(a)  Following the adoption of this charter, the Palm Beach
1095	County Commission shall call a special election for the election
1096	of the five town council members to be held on March 13, 2007.
1097	Candidates for the election shall qualify for seat 1, seat 2,
1098	seat 3, seat 4, and seat 5. The candidate receiving the highest
1099	number of votes for that seat shall be elected. If more than one
1100	candidate for a designated council member seat receives an equal
1101	and highest number of votes, then the candidates receiving the
1102	highest votes in the general election shall run again in the
1103	runoff election which shall be held on March 27, 2007.
1104	(b)  Any individual who wishes to run for one of the five
1105	initial seats on the council shall qualify as a candidate with
1106	the Palm Beach County Supervisor of Elections in accordance with
1107	the provisions of this charter and general law.
1108	(c)  The Palm Beach County Commission shall appoint a
1109	canvassing board which shall certify the results of the
1110	election.
1111	(d)  Those candidates who are elected on March 13, 2007,
1112	and March 27, 2007, shall take office at the initial town
1113	council meeting, which shall be held at 7 p.m. on March 29,
1114	2007.
1115	(3)  CREATION AND ESTABLISHMENT OF THE TOWN.--For the
1116	purpose of compliance with section 200.066, Florida Statutes,
1117	relating to assessment and collection of ad valorem taxes, the
1118	town is hereby created and established effective November 1,
1119	2006; notwithstanding anything to the contrary contained herein,
1120	the town, although created and established as of November 1,
1121	2006, shall not be operational until March 30, 2007.
1122	(4)  FIRST YEAR EXPENSES.--The town council, in order to
1123	provide moneys for the expenses and support of the town, shall
1124	have the power to borrow money necessary for the operation of
1125	town government until such time as a budget is adopted and
1126	revenues are raised in accordance with the provisions of this
1127	charter.
1128	(5)  TRANSITIONAL ORDINANCES AND RESOLUTIONS.--All
1129	applicable county ordinances currently in place at the time of
1130	passage of the referendum, unless specifically referenced
1131	herein, shall remain in place until and unless rescinded by
1132	action of the town council, except that a county ordinance,
1133	rule, or regulation which is in conflict with an ordinance,
1134	rule, or regulation of the town shall not be effective to the
1135	extent of such conflict, except as otherwise provided by the
1136	Palm Beach County Charter, as may be amended from time to time.
1137	Any existing Palm Beach County ordinances, rules, and
1138	regulations as of October 12, 2006, shall not be altered,
1139	changed, rescinded, or added to, nor shall any variance be
1140	granted thereto insofar as such action would affect the town
1141	without the approval of the town council.
1142	(6)  TEMPORARY EMERGENCY ORDINANCES.--The town council
1143	shall adopt ordinances and resolutions required to effect the
1144	transition. Ordinances adopted within 60 days after the first
1145	council meeting may be passed as emergency ordinances. These
1146	transitional ordinances, passed as emergency ordinances, shall
1147	be effective for no longer than 90 days after adoption and
1148	thereafter may be readopted, renewed, or otherwise continued
1149	only in the manner normally prescribed for ordinances.
1150	(7)  TRANSITIONAL COMPREHENSIVE PLAN AND LAND DEVELOPMENT
1151	REGULATIONS.--
1152	(a)  Until such time as the town adopts a comprehensive
1153	plan, the Palm Beach County Future Land Use Map, the Palm Beach
1154	County Zoning Map, and all other applicable provisions
1155	applicable to the town, of the Comprehensive Plan and Land
1156	Development Regulations of Palm Beach County, as the same exist
1157	on the day the town commences corporate existence, shall remain
1158	in effect as the town's transitional comprehensive plan and land
1159	development regulations. However, all planning functions,
1160	duties, and authority shall thereafter be vested in the Town
1161	Council of Loxahatchee Groves which shall also be deemed the
1162	local planning agency until the council establishes a separate
1163	local planning agency.
1164	(b)  Upon this act becoming a law, no changes in the future
1165	land use map or the zoning districts within the boundaries of
1166	the town shall be considered for alteration, amendment, or other
1167	modification in any way until such time as the town adopts
1168	appropriate procedures as referenced in this act.
1169	(c)  All powers and duties of the planning commission,
1170	zoning authority, any boards of adjustment, and the County
1171	Commission of Palm Beach County, as set forth in these
1172	transitional zoning and land use regulations, shall be vested in
1173	the Town Council of Loxahatchee Groves until such time as the
1174	town council delegates all or a portion thereof to another
1175	entity.
1176	(d)  Subsequent to the passage of this act, no amendment of
1177	the comprehensive plan or land development regulations enacted
1178	by the Palm Beach County Commission shall be deemed as an
1179	amendment of the town's transitional comprehensive plan or land
1180	development regulations or otherwise take effect within the
1181	town's corporate limits except in accordance with the
1182	requirements, and upon adoption of the procedures specified in
1183	this act.
1184	(e)1.  The owner or assigns of the 97+/- acre property
1185	located at the northwest corner of B-Road and Southern
1186	Boulevard, commonly known as the "Simon property," have applied
1187	for a land use change through the Palm Beach County
1188	comprehensive plan amendment process (LGA 2004-00037). This
1189	parcel and it owners and assigns will remain subject to the Palm
1190	Beach County comprehensive plan and approval process until such
1191	time as the town adopts its own comprehensive plan.
1192	2.  In the event that the town initiates a review and
1193	approval process in a timeframe that is faster than presently
1194	expected, the owner or assigns of the Simon property may elect,
1195	at their own option, to go through the town's zoning approval
1196	process.
1197	(8)  COMMUNICATIONS SERVICES TAX.--The communications
1198	services tax imposed under s. 202.19, F.S., by Palm Beach County
1199	will continue within the town boundaries during the period
1200	commencing with the date of incorporation through December 31,
1201	2007. Revenues from the tax shall be shared by Palm Beach County
1202	with the town in proportion to the projected town population
1203	estimate of the Palm Beach County Planning Division compared
1204	with the unincorporated population of Palm Beach County before
1205	the incorporation of Loxahatchee Groves.
1206	(9)  STATE SHARED REVENUES.--The Town of Loxahatchee Groves
1207	shall be entitled to participate in all shared revenue programs
1208	of the state available to municipalities effective April 1,
1209	2007. The provisions of section 218.23(1), Florida Statutes,
1210	shall be waived for the purpose of eligibility to receive
1211	revenue sharing funds from the date of incorporation through the
1212	state fiscal year 2009-2010. Initial population estimates for
1213	calculating eligibility for shared revenues shall be determined
1214	by the University of Florida Bureau of Economic and Business
1215	Research. Should the bureau be unable to provide an appropriate
1216	population estimate, the Palm Beach County Planning Division
1217	estimate should be utilized. For the purposes of qualifying for
1218	revenue sharing, the following revenue sources shall be
1219	considered: municipal service taxing units, fire municipal
1220	service taxing units, water control district revenues,
1221	occupational license taxes, ad valorem taxes, public utility
1222	service taxes, communication services tax, and franchise fees.
1223	(10)  GAS TAX REVENUES.--The town shall be entitled to
1224	receive local option gas tax revenues beginning October 1, 2007.
1225	This specifically includes the relevant statutorily referenced
1226	interlocal agreements.
1227	(11)  WAIVER.--The provisions of section 218.23(1), Florida
1228	Statutes, shall be waived for the purpose of conducting audits
1229	and financial reporting through fiscal year 2007-2008.
1230	Section 11.  Continuation, merger, and dissolution of
1231	existing districts and service providers.--
1232	(1)  PALM BEACH COUNTY FIRE RESCUE MUNICIPAL SERVICE TAXING
1233	UNIT; CONTINUATION.--Notwithstanding the incorporation of the
1234	Town of Loxahatchee Groves, that portion of the Palm Beach
1235	County Fire Rescue Municipal Service Taxing Unit, a special
1236	taxing district created by the Palm Beach County Commission that
1237	lies within the boundaries of the Town of Loxahatchee Groves, is
1238	authorized to continue in existence until the town adopts an
1239	ordinance to the contrary. However, the town shall not establish
1240	a town fire department without a referendum.
1241	(2)  LAW ENFORCEMENT.--Law enforcement services will be
1242	provided by contract with the Palm Beach County Sheriff's
1243	Office, or contracted with other law enforcement agencies, until
1244	the town adopts an ordinance to the contrary, provided that the
1245	town shall not establish a town police department without a
1246	referendum.
1247	(3)  PALM BEACH COUNTY LIBRARY DISTRICT;
1248	CONTINUATION.--Notwithstanding the incorporation of the Town of
1249	Loxahatchee Groves, that portion of the Palm Beach County
1250	Library District, a dependent district of Palm Beach County
1251	created by chapter 2000-405, Laws of Florida, that lies within
1252	the boundaries of the Town of Loxahatchee Groves, is authorized
1253	but not required to continue in existence, provided that in
1254	order to be excluded from the library district the town shall
1255	establish a municipal-funded library.
1256	(4)  PALM BEACH COUNTY MUNICIPAL SERVICE TAXING UNIT
1257	B.--That portion of Palm Beach County Municipal Service Taxing
1258	Unit B, a dependent district of Palm Beach County created by the
1259	Palm Beach Commission that lies within the boundaries of the
1260	Town of Loxahatchee Groves, shall cease to exist within the
1261	municipal boundaries of the Town of Loxahatchee Groves on
1262	October 10, 2006.
1263	(5)  PALM BEACH COUNTY MUNICIPAL SERVICE TAXING UNIT
1264	F.--That portion of Palm Beach County Municipal Service Taxing
1265	Unit F, a dependent district of Palm Beach County created by the
1266	Palm Beach County Commission that lies within the boundaries of
1267	the Town of Loxahatchee Groves, shall cease to exist within the
1268	municipal boundaries of the Town of Loxahatchee Groves on
1269	October 10, 2006.
1270	(6)  LOXAHATCHEE GROVES WATER CONTROL DISTRICT;
1271	CONTINUATION.--Notwithstanding the incorporation of the Town of
1272	Loxahatchee Groves, the Loxahatchee Groves Water Control
1273	District, an independent special district created pursuant to
1274	the laws of the state, is authorized to continue in existence.
1275	(7)  LOXAHATCHEE GROVES PARK;
1276	CONTINUATION.--Notwithstanding the incorporation of the Town of
1277	Loxahatchee Groves, the Loxahatchee Groves Park will continue to
1278	be operated by the Palm Beach County Department of Parks and
1279	Recreation, in accordance with existing Palm Beach County
1280	standards. All planned improvements to the park shall be subject
1281	to approval of the Town of Loxahatchee Groves but are the
1282	responsibility of Palm Beach County. Nothing contained herein
1283	shall prevent Palm Beach County and the Town of Loxahatchee
1284	Groves from entering into an interlocal agreement related to
1285	maintenance, planned improvements, sale, or transfer of the
1286	park.
1287	Section 12.  Repeal.--Section 6 of section 2 of chapter 99-
1288	99-425, Laws of Florida, is repealed.
1289	Section 13.  Waivers.--The thresholds established by
1290	section 165.061, Florida Statutes, for incorporation have been
1291	met with the following exceptions:
1292	(1)  A waiver is granted to provisions of section
1293	165.061(1)(b), Florida Statutes, relating to minimum population
1294	requirements of 5,000, due to the rural character of the Town of
1295	Loxahatchee Groves.
1296	(2)  A waiver is granted to provisions of section
1297	165.061(1)(c), Florida Statutes, relating to the minimum density
1298	of population of 1.5 persons per acre, to protect the historic,
1299	rural, and agricultural character of the town from surrounding
1300	development pressure.
1301	(3)  A waiver is granted to provisions of section
1302	165.061(1)(d), Florida Statutes, relating to the minimum
1303	distance of 2 miles from the town to an existing municipality
1304	due to the marked difference in character between the town, a
1305	historic and rural community, and surrounding communities with
1306	significantly greater density and urban characteristics.
1307	Section 14.  This act shall only take effect upon approval
1308	by a majority of those qualified electors residing within the
1309	proposed corporate limits of the proposed Town of Loxahatchee
1310	Groves as described in section 1, voting in a referendum
1311	election to be called by the Board of County Commissioners of
1312	Palm Beach County and to be held on October 10, 2006, in
1313	accordance with the provisions relating to elections currently
1314	in force, except that section 10(1) and this section shall take
1315	effect upon this act becoming a law.

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