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 sharing of
38	communications services tax; providing for accelerated
39	entitlement to state-shared revenues; providing for
40	receipt and distribution of gas tax revenues; providing
41	for continuation of the Palm Beach County Fire Rescue
42	Municipal Service Taxing Unit; providing for law
43	enforcement; providing for continuation of the Palm Beach
44	County Library District; providing for dissolution of the
45	Palm Beach County Municipal Service Taxing Unit B and
46	dissolution of the Palm Beach County Municipal Service
47	Taxing Unit F; providing for continuation of the
48	Loxahatchee Groves Water Control District; providing for
49	continuation of Loxahatchee Groves Park; repealing s. 6 of
50	s. 2 of chapter 99-425, Laws of Florida, relating to a
51	restriction on annexation of the Loxahatchee Groves Water
52	Control District; providing for waivers; requiring a
53	referendum; providing effective dates.
54
55	Be It Enacted by the Legislature of the State of Florida:
56
57	Section 1.  Charter; creation; form of government;
58	boundaries and powers.--
59	(1)  CHARTER; CREATION.--
60	(a)  This act, together with any future amendments thereto,
61	may be known as the "Charter of the Town of Loxahatchee Groves"
62	(the "charter"), and the Town of Loxahatchee Groves (the "town")
63	is hereby created.
64	(b)  The Loxahatchee Groves area in Palm Beach County
65	includes a compact and contiguous rural community of
66	approximately 3,120 persons who are experiencing certain
67	impacts, such as the destruction of rural habitats and the
68	threat to equestrian, farming, and nursery businesses, resulting
69	from urbanization in the surrounding areas. The residents within
70	the town would like to control the effects of those impacts
71	through the incorporation of the town and its continued
72	existence as a historic, rural community with the benefits of
73	self-determination.
74	(c)  It is in the best interests of the public health,
75	safety, and welfare of the residents of the Loxahatchee Groves
76	area to form a separate municipality for the Loxahatchee Groves
77	area with all the powers and authority necessary to provide
78	adequate and efficient municipal services to its residents.
79	(d)  It is intended that this charter and the incorporation
80	of the Loxahatchee Groves area will serve to preserve and
81	protect the distinctive rural characteristics of the community,
82	such as low density, minimal lot coverage, substantial open
83	spaces, agricultural and nursery interests, and rural habitats,
84	and to acknowledge its close ties to the agriculture and
85	equestrian industries within the boundaries of the town.
86	(e)  It is the intent of this charter and the incorporation
87	of the town to secure the benefits of self-determination and
88	affirm the values of representative democracy, citizen
89	participation, strong community leadership, professional
90	management, and regional cooperation.
91	(2)  FORM OF GOVERNMENT.--The town shall have a council-
92	council-manager form of government.
93	(3)(a)  CORPORATE BOUNDARIES.--The corporate boundaries of
94	the Town of Loxahatchee Groves shall be as described as follows:
95
96	That portion of Loxahatchee Sub-Drainage District,
97	Township 43 South, Range 41 East and Range 40 East,
98	Palm Beach County, Florida, being more particularly
99	described as follows:
100	Beginning at the Northwest corner of Section Eighteen
101	(18) in Township Forty-three (43) South, Range Forty-
102	one (41) East, Palm Beach County, Florida, and run
103	thence along the North line of Section Eighteen (18)
104	and Seventeen (17) of said Township to the Northeast
105	corner of Section Seventeen (17) in said Township and
106	Range; thence run South along the Eastern boundary of
107	Section Seventeen (17) to the Southeast corner of said
108	Section;
109	Thence run East along the Northern boundary of Section
110	Twenty-one (21) and of Section Twenty-two (22) to the
111	Northeast corner of the Northwest quarter of the said
112	Section Twenty-two (22); Thence run South along the
113	East line of the Northwest quarter of said Section
114	Twenty-two (22) to the Southeast corner of said
115	Northwest quarter of said Section; Thence run West
116	along the South line of the Southeast quarter of
117	Northwest quarter of said Section Twenty-two (22) to
118	the Southwest corner of said Southeast quarter of
119	Northwest quarter of said Section; Thence run South
120	along the East line of the West half of the Southwest
121	quarter of Section Twenty-two (22) and of the West
122	half of West half of Section Twenty-seven (27) and of
123	the West half of West half of Section Thirty-four (34)
124	to the North Right of Way line of State Road 80, in
125	Section Thirty-four (34); Thence West along the
126	Northern edge of the North Right of Way line of State
127	Road 80, across the West half of West half of Section
128	Thirty-four (34) and across Section Thirty-three (33),
129	Thirty-two (32), and Thirty-one (31) in said Township
130	to the point where the range line dividing ranges
131	Forty (40) and Forty-one (41) East intersects said
132	North Right of Way line of State Road 80;
133	Thence North along the West line of Sections Thirty-
134	one (31), Thirty (30), Nineteen (19) and Eighteen (18)
135	to the Point of Beginning, embracing approximately Six
136	Thousand Nine Hundred Thirty five and 56/100
137	(6,935.56) acres.
138	Said lands lying within the above described boundary
139	lines are described more particularly as follow, to
140	wit:
141	All of Section Seventeen (17), Eighteen (18), Nineteen
142	(19), Twenty (20), and Twenty-one (21) and the
143	Northwest quarter and West half of Southwest quarter
144	of Section Twenty-two (22); and West half of West half
145	of Section Twenty-seven (27); and all Section Twenty-
146	eight (28), Twenty-nine (29) and Thirty (30) and all
147	of Section Thirty-one (31) North of North Right of Way
148	line of State Road 80; and all of Section Thirty-three
149	(32) North of North Right of Way line of State Road
150	80; and all of Section Thirty-three (33) North of
151	North Right of Way line of State Road 80; and all of
152	the West half of West half of Section Thirty-four (34)
153	North of North Right of Way line of State Road 80; all
154	in Township Forty-three (43) South Range Forty-one
155	(41) East, all of said lands being situate in Palm
156	Beach County, State of Florida, according to the
157	United States official surveys of said lands.
158	TOGETHER WITH
159	The South 1/2 of Sections 7 and 8, T43S, R41E.
160	The South 1/2 of the East 1/4 of Section 12, The East
161	1/4 of Sections 13, 24, 25, T43S, R40E, and that part
162	of the East 1/4 of Section 36, T43S, R40E, lying North
163	of the North Right of Way of S.R. 80, all in Palm
164	Beach County, Florida, containing 1320 acres, more or
165	less.
166	LESS AND EXCEPT The All or Nothing Legislation Parcel
167	as described in Senate Bill No. 2616, Laws of Florida,
168	Chapter 99-425, formerly known as The Palms West
169	Hospital property
170	A parcel bounded by Southern Boulevard (S.R. 80) on
171	the South, the Southern boundary of the drainage/road
172	Right of Way known as collecting canal on the North,
173	Folsom/Crestwood of the East, and the Western boundary
174	of The All or Nothing Legislation Parcel as described
175	in Senate Bill No. 2616, Laws of Florida, Chapter 99-
176	425 on the west, said parcel being more particularly
177	described as follows:
178	A parcel of land located in the County of Palm Beach,
179	State of Florida, to wit:
180	The point of beginning being the intersection of the
181	Easterly line of Lot 4, Block K, Loxahatchee District,
182	according to the plat thereof on file in the Office of
183	the Clerk of the Circuit Court recorded in Plat Book
184	7, Page 81, of the Public Records of Palm Beach
185	County, Florida, and the Southerly boundary of the
186	"Collecting Canal" as shown on the Replat of
187	Loxahatchee Groves Subdivision according to the Plat
188	thereof, recorded in Plat Book 12, Page 29, of the
189	Public Records of Palm Beach County, Florida; Thence
190	Easterly along said Southerly boundary of the
191	"Collecting Canal" to the Easterly boundary of said
192	Replat of Loxahatchee Groves; Thence South along said
193	Easterly boundary line of the Replat of Loxahatchee
194	Groves to the North Right of Way line of State Road
195	80; Thence Westerly along said Northerly Right of Way
196	line of State Road 80 to the Easterly line of Lot 4,
197	Block K, Loxahatchee District;
198	Thence Northerly along said Easterly line of Lot 4 to
199	the Point of Beginning, and
200	A portion of Lot 4, Block "K," Loxahatchee District
201	subdivision, according to the map or plat thereof as
202	recorded in Plat Book 7, page 81, public records, Palm
203	Beach County, Florida, being more particularly described as
204	follows:
205	Commencing at the northeast corner of said lot 4; thence,
206	south 02°16'42" west, along the east line of said lot 4, a
207	distance of 834.00 feet for a point of beginning.
208	Thence, continue south 02°16'42" west along said east line,
209	a distance of 1221.92 feet, more or less, to the
210	intersection thereof with the north right-of-way line of
211	State Road No. 80 as recorded in official records book
212	12372, page 468, said public records; thence, north
213	88°08'61" west, departing said east line and along said
214	north right-of-way line, a distance of 260.20 feet; thence,
215	north 02°16'46" east, departing said right-of-way line, a
216	distance of 80.00 feet; thence, north 88°08'51" west, a
217	distance of 248.59 feet; thence, north 02°16'46" east, a
218	distance of 321.11; thence, north 88°08'51" west, a
219	distance of 275.01 feet, more or less, to the intersection
220	thereof with the west line of said lot 4; thence, north
221	02°16'46" east, along said west line, a distance of 806.33
222	feet; thence, south 89°12'21" east, departing said west
223	line and along the south line of the north 834.00 feet of
224	said lot 4, as measured along the east and west lines of
225	said lot 4, a distance of 784.02 feet to the point of
226	beginning.
227	Containing: 18.867 acres, more or less.
228	(b)  The town shall not annex that area now known as
229	Callery-Judge Groves, generally described as that area of land
230	bounded on the north by M canal, on the south by the northern
231	border of the town, on the east by 140th, and on the west by M
232	canal.
233	(4)  MUNICIPAL POWERS.--The town shall be a body corporate
234	and politic and shall have all available governmental,
235	corporate, and proprietary powers of a municipality under the
236	State Constitution and laws of the state, as fully and
237	completely as though such powers were specifically enumerated in
238	this charter, and may exercise them, except when prohibited by
239	law. Through the adoption of this charter, it is the intent of
240	the electors of the town that the municipal government
241	established herein have the broadest exercise of home rule
242	powers permitted under the State Constitution and laws of the
243	state. This charter and the powers of the town shall be
244	construed liberally in favor of the town. It is recognized that
245	certain services within the municipal boundaries are provided by
246	independent special districts created by special acts of the
247	Legislature and by Palm Beach County.
248	Section 2.  Council; mayor and vice mayor.--
249	(1)  TOWN COUNCIL.--There shall be a five-member town
250	council ("council") vested with all legislative powers of the
251	town, consisting of five members ("council members"), each
252	elected from and representing the town at large. Unless
253	otherwise stated within this charter, all charter powers shall
254	be exercised by the council.
255	(2)  THE MAYOR; POWERS AND DUTIES.--
256	(a)  The council, at its first regular meeting after the
257	fourth Tuesday of each March, shall elect from its members a
258	mayor who shall serve for a period of 1 year and who shall have
259	the same legislative powers and duties as any other council
260	member, except as provided herein.
261	(b)  In addition to carrying out the regular duties of a
262	council member, the mayor shall preside at the meetings of the
263	council and shall be recognized as the head of town government
264	for service of process, ceremonial matters, and the signature or
265	execution of ordinances, contracts, deeds, bonds, and other
266	instruments and documents and for purposes of military law. The
267	mayor shall also serve as the ceremonial head of the town and
268	the town official designated to represent the town when dealing
269	with other entities. The mayor shall have no administrative
270	duties other than those necessary to accomplish these actions,
271	or such other actions as may be authorized by the town council,
272	consistent with general or special law.
273	(3)  THE VICE MAYOR.--
274	(a)  The council, at its first regular meeting after the
275	fourth Tuesday of each March, shall elect from its members a
276	vice mayor who shall serve for a period of 1 year and who shall
277	have the same legislative powers and duties while serving as any
278	other council member.
279	(b)  The vice mayor shall serve as acting mayor during the
280	absence or disability of the mayor. In the absence of the mayor
281	and the vice mayor, the remaining council members shall select a
282	council member to serve as acting mayor.
283	Section 3.  Election and terms of office.--
284	(1)  TERM OF OFFICE.--Each council member shall be elected
285	at large for a 3-year term by the electors of the town in the
286	manner provided herein. Council members shall be sworn into
287	office at the first regularly scheduled meeting following their
288	election. Each council member shall remain in office until his
289	or her successor is elected and assumes the duties of the
290	position.
291	(2)  SEATS.--The town council shall be divided into five
292	separate council seats to be designated as seats 1, 2, 3, 4, and
293	5, to be voted on townwide, with each qualified elector entitled
294	to vote for one candidate for each seat.
295	(3)  QUALIFICATION.--Candidates for each council seat must
296	qualify for council elections by seat in accordance with
297	applicable general law, and the council members elected to those
298	seats shall hold the seats 1 through 5, respectively. To qualify
299	for office:
300	(a)  Filing.--Each candidate for council member shall file
301	a written notice of candidacy with the town clerk at such time
302	and in such manner as may be prescribed by ordinance and shall
303	make payment to the town of any fees required by general law as
304	a qualifying fee.
305	(b)  Registered elector.--Each candidate for council member
306	shall be a registered elector in the state.
307	(c)  Residency.--Each candidate for council member shall
308	have maintained his or her domicile within the boundaries of the
309	town for a period of 1 year prior to qualifying for election
310	and, if elected, shall maintain such residency throughout his or
311	her term of office.
312	(d)  Deadline.--Any resident of the town who wishes to
313	become a candidate for a council member seat shall qualify with
314	the town clerk no sooner than noon on the last Tuesday in
315	January, nor later than noon on the first Tuesday in February,
316	of the year in which the election is to be held.
317	(4)  VACANCIES IN OFFICE; FORFEITURE; SUSPENSION; FILLING
318	OF VACANCIES.--
319	(a)  Vacancies.--A vacancy in the office of mayor, vice
320	mayor, or any council member shall occur upon the death of the
321	incumbent, removal from office as authorized by law,
322	resignation, appointment to other public office which creates
323	dual office holding, judicially determined incompetence, or
324	forfeiture of office as described in paragraph (b).
325	(b)  Forfeiture of office.--Any council member shall
326	forfeit his or her office upon determination by the council,
327	acting as a body, at a duly noticed public meeting that he or
328	she:
329	1.  Lacks at any time, or fails to maintain during his or
330	her term of office, any qualification for the office prescribed
331	by this charter or otherwise required by law;
332	2.  Is convicted of a felony or enters a plea of guilty or
333	nolo contendere to a crime punishable as a felony, even if
334	adjudication is withheld;
335	3.  Is convicted of a first degree misdemeanor arising
336	directly out of his or her official conduct or duties, or enters
337	a plea of guilty or nolo contendere thereto, even if
338	adjudication of guilt has been withheld;
339	4.  Is found to have violated any standard of conduct or
340	code of ethics established by law for public officials and has
341	been suspended from office by the Governor, unless subsequently
342	reinstated as provided by law; or
343	5.  Is absent from three consecutive regular council
344	meetings without good cause, or for any other reason established
345	in this charter.
346
347	The council shall be the sole judge of the qualifications of its
348	members and shall hear all questions relating to forfeiture of a
349	council member's office, including whether good cause for
350	absence has been or may be established. The burden of
351	establishing good cause shall be on the council member in
352	question; however, any council member may at any time during any
353	duly held meeting move to establish good cause for his or her
354	absence or the absence of any other commission member from any
355	past, present, or future meeting or meetings, which motion, if
356	carried, shall be conclusive. A council member whose
357	qualifications are in question or who is otherwise subject to
358	forfeiture of his or her office shall not vote on any such
359	matters. The council member in question shall be entitled to a
360	public hearing on request regarding an alleged forfeiture of
361	office. If a public hearing is requested, notice thereof shall
362	be published in one or more newspapers of general circulation in
363	the town at least 1 week in advance of the hearing. Any final
364	determination by the council that a council member has forfeited
365	his or her office shall be made by resolution. All votes and
366	other acts of the council member in question prior to the
367	effective date of such resolution shall be valid regardless of
368	the grounds of forfeiture.
369	(c)  Suspension from office.--Any council member shall be
370	suspended from office upon return of an indictment or issuance
371	of any information charging the council member with any crime
372	which is punishable as a felony or with any crime arising out of
373	his or her official duties which is punishable as a first degree
374	misdemeanor. Pursuant thereto:
375	1.  During a period of suspension, a council member shall
376	not perform any official act, duty, or function or receive any
377	pay, allowance, emolument, or privilege of office.
378	2.  If the council member is subsequently found not guilty
379	of the charge, or if the charge is otherwise dismissed, reduced,
380	or altered in such a manner that suspension would no longer be
381	required as provided herein, the suspension shall be lifted and
382	the council member shall be entitled to receive full back pay
383	and such other emoluments or allowances as he or she would have
384	been entitled to had the suspension not occurred.
385	(d)  Filling of vacancies.--
386	1.  If any vacancy occurs in the office of any council
387	member and the remainder of the council member's unexpired term
388	is less than 1 year and 81 days, the remaining council members
389	shall, within 30 days following the occurrence of such vacancy,
390	by majority vote, appoint a person to fill the vacancy for the
391	remainder of the unexpired term.
392	2.  If any vacancy occurs in the office of any council
393	member and the remainder of the unexpired term is equal to or
394	exceeds 1 year and 81 days, the remaining council members shall,
395	within 30 days following the occurrence of such vacancy, by
396	majority vote, appoint a person to fill the vacancy until the
397	next regularly scheduled town election, at which time an
398	election shall be held to fill the vacancy.
399	3.  If a vacancy occurs in the office of mayor and fewer
400	than 120 days remain in the term of the council member who was
401	elected mayor, the vice mayor shall serve as mayor until a new
402	mayor is elected by the council and assumes the duties of his or
403	her office. If a vacancy occurs in the office of mayor and 120
404	days or more remain in the term of the mayor, the vice mayor
405	shall serve as mayor until a new council member is elected and
406	the council elects a new mayor and vice mayor as provided by
407	this charter.
408	4.  Any person appointed to fill a vacancy on the council
409	shall be required to meet the qualifications of the seat to
410	which he or she is appointed.
411	5.  Notwithstanding any quorum requirements established
412	herein, if at any time the full membership of the council is
413	reduced to less than a quorum, the remaining members may, by
414	majority vote, appoint additional members to the extent
415	otherwise permitted or required under this subsection.
416	6.  In the event that all the members of the council are
417	removed by death, disability, recall, forfeiture of office, or
418	resignation, or any combination thereof, the Governor shall
419	appoint interim council members who shall call a special
420	election within not fewer than 30 days or more than 60 days
421	after such appointment. Such election shall be held in the same
422	manner as the initial elections under this charter. However, if
423	there are fewer than 6 months remaining in any unexpired terms,
424	the interim council appointed by the Governor shall serve out
425	the unexpired terms. Appointees must meet all requirements for
426	candidates as provided in this charter.
427	(e)  Compensation and expenses.--
428	1.  Town council members shall be entitled to receive
429	reimbursement in accordance with general law for authorized
430	travel and per diem expenses incurred in the performance of
431	their official duties.
432	2.  The town council, by not fewer than four affirmative
433	votes, may elect to provide for compensation and any increase in
434	such compensation by ordinance. However, no such ordinance
435	establishing or increasing compensation shall take effect until
436	the date of commencement of the terms of council members elected
437	at the next regular election which follows the adoption of such
438	ordinance.
439	Section 4.  Administrative.--
440	(1)  DESIGNATION OF CHARTER OFFICERS.--The town manager and
441	the town attorney are designated as charter officers, except
442	that the office of town attorney may be contracted to an
443	attorney or law firm.
444	(2)  APPOINTMENT; REMOVAL; COMPENSATION; FILLING OF
445	VACANCIES.--
446	(a)  The charter officers shall be appointed by a majority
447	vote of the full council and shall serve at the pleasure of the
448	council.
449	(b)  The charter officers shall be removed from office only
450	by a super majority vote of the full council. Upon demand by a
451	charter officer, a public hearing shall be held prior to such
452	removal.
453	(c)  The compensation of the charter officers shall be
454	fixed by the town council through the approval of an acceptable
455	employment contract.
456	(d)  The town council shall begin the process to fill a
457	vacancy in a charter office within 90 days after the vacancy. An
458	acting town manager or an acting town attorney may be appointed
459	by the council during a vacancy in such charter office.
460	(e)  A charter officer shall not be a member of the town
461	council or a candidate for town council while holding a charter
462	officer position.
463	(3)  TOWN MANAGER.--The town manager shall be the chief
464	administrative officer of the town.
465	(a)  The town council shall appoint a town manager who
466	shall be the administrative head of the municipal government
467	under the direction and supervision of the town council. The
468	town manager shall hold office at the pleasure of the town
469	council. The town manager shall be appointed by resolution
470	approving an employment contract between the town and the town
471	manager. The town manager shall receive such compensation as
472	determined by the town council through the adoption of an
473	appropriate resolution.
474	(b)  The town manager shall have the minimum qualifications
475	of a combination of a bachelor's degree in public
476	administration, business administration, or other related fields
477	from an accredited college or university and 3 years' public
478	administration experience or 6 years' experience in a city
479	manager or assistant city manager position, preferably in an
480	International City/County Management Association-recognized
481	local government.
482	(c)  It is preferred that the town manager be an
483	International City/County Management Association-credentialed
484	manager or obtain such credential within 2 years after being
485	appointed.
486	(d)  During the absence or disability of the town manager,
487	the town council may by resolution designate some properly
488	qualified person to temporarily execute the functions of the
489	town manager. The person thus designated shall have the same
490	powers and duties as the town manager and shall be known while
491	serving as acting town manager. The town manager or acting town
492	manager may be removed by the town council at any time.
493	(e)  As the chief administrative officer, the town manager
494	shall:
495	1.  Direct and supervise the administration of all
496	departments, offices, and agencies of the town, except the
497	office of town attorney, and except as otherwise provided by
498	this charter or by law.
499	2.  Appoint, suspend, or remove any employee of the town or
500	appointive administrative officer provided for, by, or under
501	this charter, except the office of town attorney, and except as
502	may otherwise be provided by law, this charter, or personnel
503	rules adopted pursuant to the charter. The town manager may
504	authorize any administrative officer who is subject to his or
505	her direction and supervision to exercise these powers with
506	respect to subordinates in that officer's department, office, or
507	agency.
508	3.  Ensure that all laws, provisions of this charter, and
509	acts of the council are faithfully executed.
510	4.  Prepare and submit the annual budget and capital
511	program to the council in the form prescribed by ordinance.
512	5.  Attend meetings of the town council.
513	6.  Draw and sign vouchers upon depositories as provided by
514	ordinance and keep, or cause to be kept, a true and accurate
515	account of same.
516	7.  Sign all licenses issued by the town, issue receipts
517	for all moneys paid to the town, and deposit such moneys in the
518	proper depositories on the first banking day after receipt. The
519	town manager may delegate the responsibilities of this
520	subparagraph to an appropriate town employee who shall be
521	bonded.
522	8.  Provide administrative services in support of the
523	official duties of the mayor and the council.
524	9.  Keep the council advised as to the financial condition
525	and future needs of the town and make recommendations to the
526	council concerning the affairs of the town.
527	10.  Submit to the council, and make available to the
528	public, a complete report on finances and administrative
529	activities of the town as of the end of each fiscal year.
530	11.  Sign contracts on behalf of the town to the extent
531	authorized by ordinance.
532	12.  Perform such other duties as are specified in this
533	charter or as may be required by the council.
534	(4)  TOWN ATTORNEY.--
535	(a)  The town attorney shall be employed under terms and
536	conditions deemed advisable by the town council, which may
537	include the appointment of a law firm.
538	(b)  The town attorney shall be a member in good standing
539	with The Florida Bar, have been admitted to practice in the
540	state for at least 5 years, and have not less than 2 years'
541	experience in the practice of local government law.
542	(c)  The town attorney has sole discretion to appoint,
543	promote, suspend, demote, remove, or terminate deputy and
544	assistant town attorneys, subject to the town's annual budget.
545	(d)  The town attorney shall perform the following
546	functions in addition to other functions as designated by the
547	town council:
548	1.  Serve as chief legal advisor to the town council, the
549	charter officers, and all town departments, offices, and
550	agencies.
551	2.  Attend all regular and special town council meetings,
552	unless excused by the town council, and perform such
553	professional duties as may be required by law or by the council
554	in furtherance of the law.
555	3.  Approve all contracts, bonds, and other instruments in
556	which the town is concerned and shall endorse on each his or her
557	approval of the form and correctness thereof. No contract with
558	the town shall take effect until his or her approval is so
559	endorsed thereon.
560	4.  When requested to do so by the council, prosecute and
561	defend on behalf of the town all complaints, suits, and
562	controversies in which the town is a party.
563	5.  Perform such other professional duties as required of
564	him or her by resolution of the council or as prescribed for
565	municipal attorneys in the general laws of the state which are
566	not inconsistent with this charter.
567	6.  Prepare an annual budget for the operation of the
568	office of the town attorney and submit this budget to the town
569	manager for inclusion in the annual town budget, in accordance
570	with uniform town procedures.
571	(5)  TOWN CLERK.--The town manager shall appoint a town
572	clerk or management firm to serve as town clerk (the "clerk").
573	The clerk shall give notice of council meetings to its members
574	and the public, keep minutes of its proceedings, and perform
575	such other duties as the council or town manager may prescribe
576	from time to time. The clerk shall report to the town manager.
577	(6)  EXPENDITURE OF TOWN FUNDS.--No funds of the town shall
578	be expended except pursuant to duly approved appropriations or
579	for the payment of bonds, notes, or other indebtedness duly
580	authorized by the council and only from such funds so
581	authorized.
582	(7)  TOWN BOARDS AND AGENCIES.--Except as otherwise
583	provided by law, the council may establish or terminate such
584	boards and agencies as it may deem advisable from time to time.
585	The boards and agencies shall report to the council. Members of
586	boards and agencies shall be appointed by the council by
587	resolution.
588	Section 5.  Legislative.--
589	(1)  REGULAR MEETINGS.--The council shall conduct regular
590	meetings at such times and places as the council shall prescribe
591	by resolution. Such meetings shall be public meetings within the
592	meaning of state law and shall be subject to notice and other
593	requirements of law applicable to public meetings.
594	(2)  SPECIAL MEETINGS.--Special meetings may be held at the
595	call of the mayor or, in his or her absence, at the call of the
596	vice mayor. Special meetings may also be called upon the request
597	of a majority of the council members. Unless the meeting is of
598	an emergency nature, the person or persons calling such a
599	meeting shall provide not less than 72 hours' prior notice of
600	the meeting to the public.
601	(3)  COMMENCEMENT.--All meetings shall be scheduled to
602	commence no earlier than 7 a.m. nor later than 10 p.m.
603	(4)  RULES; ORDER OF BUSINESS.--The council shall determine
604	its own rules and order of business.
605	(5)  QUORUM.--A majority of the full council shall
606	constitute a quorum.
607	(6)  VALIDITY OF ACTION.--No action of the council shall be
608	valid unless adopted by an affirmative vote of the majority of
609	the full council, unless otherwise provided by law.
610	(7)  LEGISLATIVE POWERS.--Except as otherwise prescribed
611	herein or as provided by law, the legislative powers of the town
612	shall be vested in the council. The council shall provide for
613	the exercise of its powers and for the performance of all duties
614	and obligations imposed on the town by law.
615	(8)  DEPARTMENTS.--The council may establish such other
616	departments as it determines necessary for the efficient
617	administration and operation of the town. Such departments,
618	offices, or agencies shall be established by ordinance.
619	(9)  CODE.--The council may adopt any standard code of
620	technical regulations by reference thereto in an adopting
621	ordinance and may amend the code in the adopting ordinance or
622	later amendatory ordinance. The procedures and requirements
623	governing such an adopting ordinance shall be as prescribed for
624	ordinances generally, except that:
625	(a)  Requirements regarding distribution and filing of
626	copies of the ordinance shall not be construed to require
627	distribution and filing of copies of the adopted code of
628	technical regulations.
629	(b)  A copy of each adopted code of technical regulations,
630	as well as of the adopting ordinance, shall be authenticated and
631	recorded by the town clerk.
632	(10)  EMERGENCY ORDINANCES.--
633	(a)  To meet a public emergency affecting life, health,
634	property, or the public peace, the council may adopt, in the
635	manner provided by general law, one or more emergency
636	ordinances, but such ordinances may not enact or amend a land
637	use plan or rezone private property; levy taxes; grant, renew,
638	or extend any municipal franchise; set service or user charges
639	for any municipal services; or authorize the borrowing of money,
640	except as provided under the emergency appropriations provisions
641	of this charter, if applicable. An emergency ordinance shall be
642	introduced in the form and manner prescribed for ordinances
643	generally, except that it shall be plainly designated in a
644	preamble as an emergency ordinance and shall contain, after the
645	enacting clause, a declaration stating that an emergency exists
646	and describing it in clear and specific terms.
647	(b)  Upon the affirmative vote of four council members, an
648	emergency ordinance may be adopted with or without amendment or
649	rejected at the meeting at which it is introduced. After its
650	adoption, the ordinance shall be advertised and printed as
651	prescribed for other ordinances.
652	(c)  Emergency ordinances shall become effective upon
653	adoption or at such other date as may be specified in the
654	ordinance.
655	(d)  Every emergency ordinance, except emergency
656	appropriation ordinances, shall automatically be repealed as of
657	the 61st day following its effective date, but this shall not
658	prevent reenactment of the ordinance under regular procedures
659	or, if the emergency still exists, in the manner specified in
660	this section. An emergency ordinance may also be repealed by
661	adoption of a repealing ordinance in the same manner specified
662	in this section for adoption of emergency ordinances.
663	(11)  EMERGENCY APPROPRIATIONS.--To meet a public emergency
664	affecting life, health, property, or the public peace, the
665	council, by resolution, may make emergency appropriations. To
666	the extent that there are no unappropriated revenues to meet
667	such appropriation, the council may by such emergency resolution
668	authorize the issuance of emergency notes, which may be renewed
669	from time to time, but the emergency notes and renewals in any
670	fiscal year shall be paid not later than the last day of the
671	fiscal year succeeding that in which the emergency
672	appropriations were made.
673	(12)  RECORDKEEPING.--The council shall, in a properly
674	indexed book kept for the purpose, provide for the
675	authentication and recording in full of all minutes of meetings
676	and all ordinances and resolutions adopted by the council, and
677	the same shall at all times be a public record. The council
678	shall further maintain a current codification of all ordinances.
679	Such codification shall be printed and shall be made available
680	for distribution to the public on a continuing basis. All
681	ordinances or resolutions of the council shall be signed by all
682	council members and attested to by the town clerk.
683	(13)  DUAL OFFICE HOLDING.--No present elected town
684	official shall hold any compensated appointive office or
685	employment of the town while in office, nor shall any former
686	council member be employed by the town until after the
687	expiration of 1 year from the time of leaving office.
688	(14)  NONINTERFERENCE BY TOWN COUNCIL.--Except for the
689	purposes of inquiry and information, council members are
690	expressly prohibited from interfering with the performance of
691	the duties of any employee of the town government who is under
692	the direct or indirect supervision of the town manager or town
693	attorney. Such action shall be malfeasance within the meaning of
694	section 112.51, Florida Statutes. Recommendations for
695	improvements in the town government operations shall come
696	through the town manager, but each member of the council shall
697	be free to discuss or recommend improvements to the town
698	manager, and the council is free to direct the town manager to
699	implement specific recommendations for improvement in town
700	government operations.
701	Section 6.  Budget and appropriations.--
702	(1)  FISCAL YEAR.--The town shall have a fiscal year which
703	shall begin on the first day of October and shall end on the
704	last day of September of the following calendar year, unless
705	otherwise defined by general law. Such fiscal year shall also
706	constitute the annual budget and accounting year.
707	(2)  BUDGET ADOPTION.--The council shall adopt a budget in
708	accordance with applicable general law, following a minimum of
709	two public hearings on the proposed budget. A resolution
710	adopting the annual budget shall constitute appropriation of the
711	amounts specified therein as expenditures from funds indicated.
712	(3)  EXPENDITURES.--The budget shall not provide for
713	expenditures in an amount greater than the revenues budgeted.
714	(4)  APPROPRIATIONS.--
715	(a)  If, during the fiscal year, revenues in excess of
716	those estimated in the budget are available for appropriation,
717	the council by resolution may make supplemental appropriations
718	for the year in an amount not to exceed such excess.
719	(b)  If, at any time during the fiscal year, it appears
720	probable to the town manager that the revenues available will be
721	insufficient to meet the amount appropriated, the town manager
722	shall report to the council without delay, indicating the
723	estimated amount of the deficit, any remedial action taken, and
724	recommendations as to any other steps that should be taken. The
725	council shall then take such further action as it deems
726	necessary to prevent or minimize any deficit and, for that
727	purpose, the council may by resolution reduce one or more
728	appropriations accordingly.
729	(c)  No appropriation for debt service may be reduced or
730	transferred, and no appropriation may be reduced below any
731	amount required by law to be appropriated, or by more than the
732	unencumbered balance thereof. Other provisions of law to the
733	contrary notwithstanding, the supplemental and emergency
734	appropriations and reduction or transfer of appropriations
735	authorized by this section may be made effective immediately
736	upon adoption.
737	(5)  BONDS; INDEBTEDNESS.--
738	(a)  Subject to the referendum requirements of the State
739	Constitution, if applicable, the town may from time to time
740	borrow money and issue bonds or other obligations or evidence of
741	indebtedness (collectively, "bonds") of any type or character
742	for any of the purposes for which the town is now or hereafter
743	authorized by law to borrow money, including to finance the cost
744	of any capital or other project and to refund any and all
745	previous issues of bonds at or prior to maturity. Such bonds may
746	be issued pursuant to one or more resolutions adopted by a
747	majority of the council.
748	(b)  The town may assume all outstanding indebtedness
749	related to facilities it acquires from other units of local
750	government and be liable for payment thereon in accordance with
751	its terms.
752	(6)  REVENUE BONDS; LEASE-PURCHASE CONTRACTS.--Unless
753	authorized by the electors of the town at a duly held referendum
754	election, the council shall not authorize or allow to be
755	authorized the issuance of revenue bonds or enter into lease-
756	purchase contracts or any other unfunded multiyear contracts for
757	the purchase of real property or the construction of any capital
758	improvement, the repayment of which extends in excess of 36
759	months, unless mandated by state or federal governing agencies.
760	(7)  ANNUAL AUDIT.--The council shall provide for an
761	independent annual financial audit of all town accounts and may
762	provide for more frequent audits as it deems necessary. Such
763	audits shall be made by a certified public accountant or a firm
764	of such accountants who have no personal interest, direct or
765	indirect, in the fiscal affairs of the town government or in any
766	of its officers. Residency in the town shall not be construed as
767	a prohibited interest.
768	Section 7.  Elections.--
769	(1)  ELECTORS.--Any person who is a resident of the town,
770	who has qualified as an elector of this state, and who registers
771	in the manner prescribed by law shall be an elector of the town.
772	(2)  NONPARTISAN ELECTIONS.--All elections for the town
773	council members shall be conducted on a nonpartisan basis
774	without any designation of political party affiliation.
775	(3)  ELECTION DATES.--A special election shall be held on
776	the second Tuesday in March 2007, and regular elections shall be
777	held on the second Tuesday in March of each election year,
778	provided as follows:
779	(a)  For the two council member seats that received the
780	highest number of votes in the March 2007 election, the next
781	election to fill the council member seats shall be held on the
782	second Tuesday in March after the first Monday in March in 2010,
783	and every 3 years thereafter.
784	(b)  For the two council member seats that received the
785	next highest number of votes in the March 2007 election, the
786	next election to fill the council member seats shall be held on
787	the second Tuesday in March after the first Monday in March in
788	2009, and every 3 years thereafter.
789	(c)  For the remaining council member seat, the next
790	election to fill the council member seat shall be held on the
791	second Tuesday in March after the first Monday in March in 2008,
792	and every 3 years thereafter.
793	(d)  Such town elections shall be general town elections.
794	(4)  RUNOFF ELECTIONS.--In the event no candidate for an
795	office receives a majority of the votes cast for such office,
796	the person receiving the largest number of votes cast will be
797	elected. In the event two candidates receive an equal number of
798	votes, a runoff election shall be held on the fourth Tuesday in
799	March.
800	(5)  TOWN CANVASSING BOARD.--The town canvassing board
801	shall be composed of those members of the town council who are
802	not candidates for reelection and the town clerk, who shall act
803	as chair. At the close of the polls of any town election, or as
804	soon thereafter as practicable, the canvassing board shall meet
805	at a time and place designated by the chair and shall proceed to
806	publicly canvass the vote as shown by the returns then on file
807	in the office of the town clerk, and then shall publicly canvass
808	the absentee elector ballots. The canvassing board shall prepare
809	and sign a certificate containing the total number of votes cast
810	for each candidate or other measure voted upon. The certificate
811	shall be placed on file with the town clerk.
812	(6)  SPECIAL ELECTIONS.--Special municipal elections, when
813	required, shall be held in the same manner as regular elections,
814	except that the town council, by ordinance, shall fix the time
815	for holding such elections consistent with this charter and
816	state law.
817	(7)  GENERAL ELECTION.--
818	(a)  The ballot for the general election shall contain the
819	names of all qualified candidates for each respective council
820	member seat and shall instruct electors to cast one vote for
821	each council member seat, with a maximum of one vote per
822	candidate. The candidate for each council member seat receiving
823	the most votes shall be the duly elected council member for that
824	designated council member seat.
825	(b)  No election for any council member seat shall be
826	required in any election if there is only one duly qualified
827	candidate for the council member seat.
828	(c)  If more than one candidate for a designated council
829	member seat receive an equal and highest number of votes, the
830	candidates for the office receiving the highest vote in the
831	general election shall run again in the runoff election.
832	(d)  The candidate receiving the highest number of votes
833	cast for the designated council member seat in the runoff
834	election shall be elected to the designated council member seat.
835	If the vote at the runoff election results in a tie, the outcome
836	shall be determined by lot.
837	(e)  The term of office of any elected official shall
838	commence immediately after the election.
839	(f)  All elected officers, before entering upon their
840	duties, shall take and subscribe to the following oath of
841	office:
842	"I do solemnly swear (or affirm) that I will support, protect,
843	and defend the Constitution and Government of the United States
844	and of the state, and the charter of the Town of Loxahatchee
845	Groves; that I am duly qualified to hold office under the
846	Constitution of the State and the charter of the Town of
847	Loxahatchee Groves; and that I will well and faithfully perform
848	the duties of council member upon which I am now about to
849	enter."
850	(g)  The election laws of the state shall apply to all
851	elections.
852	(h)  Any member of the town council may be removed from
853	office by the electors of the town following the procedures for
854	recall established by general law.
855	Section 8.  Initiative and referendum.--
856	(1)  POWER TO INITIATE AND RECONSIDER ORDINANCES.--
857	(a)  The electors of the town shall have the power to
858	propose ordinances to the town council and, if the town council
859	fails to adopt an ordinance so proposed without any change in
860	substance, to adopt or reject it at a town election, provided
861	that such power shall not extend to the annual budget or capital
862	program or any ordinance appropriating money, levying taxes, or
863	setting salaries of town officers or employees.
864	(b)1.  The town council shall have the power, by
865	resolution, to call for a referendum vote by the electors of the
866	town at any time, provided that the purpose of such referendum
867	is presented to the town at a public hearing at least 60 days
868	prior to the adoption of such resolution. Any resolution calling
869	for a referendum vote of the electors of the town must be passed
870	by the affirmative vote of not less than four members of the
871	council.
872	2.  The electors of the town shall have the power to
873	require reconsideration by the town council of any adopted
874	ordinance and, if the town council fails to repeal an ordinance
875	so reconsidered, to approve or reject it at a town election,
876	provided that such power shall not extend to the annual budget
877	or capital program or any ordinance appropriating money, levying
878	taxes, or setting salaries of town officers or employees.
879	(2)  COMMENCEMENT OF PROCEEDINGS.--Any 10 electors may
880	commence initiative or referendum proceedings by filing with the
881	town clerk an affidavit stating that they shall constitute the
882	petitioner's committee and be responsible for circulating the
883	petition and filing it in proper form stating their names and
884	addresses and specifying the address to which all notices to the
885	committee are to be sent, and setting out in full the proposed
886	initiative ordinance or citing the ordinance sought to be
887	reconsidered. Promptly after the affidavit of the petitioner's
888	committee is filed, the town clerk may, at the committee's
889	request, issue the appropriate petition blanks to the
890	petitioner's committee at the committee's expense.
891	(3)  PETITIONS.--
892	(a)  Initiative and referendum petitions must be signed by
893	electors of the town equal in number to at least 10 percent of
894	the total number of electors registered to vote in the last
895	regular town election.
896	(b)  All papers of a petition shall be assembled as one
897	instrument of filing. Each signature shall be executed in ink
898	and shall be followed by the printed name and address of the
899	person signing. Petitions shall contain or have attached thereto
900	throughout their circulation the full text of the ordinance
901	proposed or sought to be reconsidered.
902	(c)  Each paper of a petition shall have attached to it
903	when filed an affidavit executed by the circulator thereof
904	stating that he or she personally circulated the paper, the
905	number of signatures thereon, that all signatures were affixed
906	in his or her presence, that he or she believes them to be the
907	genuine signatures of the persons whose names they purport to
908	be, and that each signer had an opportunity before signing to
909	read the full text of the ordinance proposed or sought to be
910	reconsidered.
911	(d)  Except as otherwise provided herein, all initiative
912	and referendum petitions must be filed within 60 days of the
913	date on which proceedings with respect to such initiative or
914	referendum are commenced, and all requirements of the process,
915	including, but not limited to, the submission of the signatures
916	required, must be completed no later than 90 days following the
917	date of filing such initiative or referendum petition.
918	(4)  PROCEDURE FOR FILING.--
919	(a)  Within 20 days after an initiative petition or a
920	referendum petition is filed, the town clerk shall complete a
921	certificate as to its sufficiency, specifying, if it is
922	insufficient, the particulars wherein it is defective, and shall
923	promptly send a copy of the certificate to the petitioner's
924	committee by registered mail. Grounds for insufficiency are only
925	those specified herein that are not met. A petition certified
926	insufficient for lack of the required number of valid signatures
927	may be amended once if the petitioner's committee files a notice
928	of intent to amend it with the designated official within 2
929	business days after receiving the copy of the certificate and
930	files a supplementary petition upon additional papers within 10
931	days after receiving the copy of such certificate. Such
932	supplementary petition shall comply with original petition
933	requirements, and within 5 days after it is filed the town clerk
934	shall complete a certificate as to the sufficiency of the
935	petition as amended and promptly send a copy of such certificate
936	to the petitioner's committee by registered mail. If a petition
937	or an amended petition is certified sufficient, or if a petition
938	or amended petition is certified insufficient and the
939	petitioner's committee does not elect to amend or request the
940	town council review within the time required, the town clerk
941	shall promptly present a certificate to the town council and
942	such certificate shall then be a final determination as to the
943	sufficiency of the petition.
944	(b)  If a petition has been certified insufficient and the
945	petitioner's committee does not file notice of intent to amend
946	it or if an amended petition has been certified insufficient,
947	the committee may, within 2 business days after receiving the
948	copy of such certificate, file a request that it be reviewed by
949	the town council. The town council shall review the certificate
950	at its next meeting following the town council's filing of such
951	request and approve or disapprove it, and determination shall
952	then be final as to the sufficiency of the petition.
953	(5)  ACTION ON PETITIONS.--
954	(a)  When an initiative or referendum petition has been
955	determined sufficient, the town council shall promptly consider
956	the proposed initiative ordinance or reconsider the referendum
957	ordinance by voting its repeal. If the town council fails to
958	adopt a proposed initiative ordinance without any change in
959	substance within 45 days or fails to repeal the referendum
960	ordinance within 30 days after the date on which the petition is
961	determined to be sufficient, it shall submit the proposed
962	initiative or referendum ordinance to the electors of the town.
963	If the town council fails to act on a proposed initiative
964	ordinance or a referendum ordinance within the time period
965	specified, the town council shall be deemed to have failed to
966	adopt the proposed initiative ordinance or failed to repeal the
967	referendum ordinance on the last day that the town council was
968	authorized to act on such matter.
969	(b)  The vote of the town on a proposed initiative or
970	referendum ordinance shall be held not fewer than 30 days or
971	more than 60 days from the date the town council acted or was
972	deemed to have acted pursuant to this charter. If no regular
973	election is to be held within the period described in this
974	paragraph, the town council shall provide for a special
975	election, except that the town council may, in its discretion,
976	provide for a special election at an earlier date within the
977	described period. Copies of the proposed initiative or
978	referendum ordinance shall be made available at the polls.
979	(c)  An initiative or referendum petition may be withdrawn
980	at any time prior to the 15th day preceding the day scheduled
981	for a vote of the town by filing with the town clerk a request
982	for withdrawal signed by at least eight members of the
983	petitioner's committee. Upon the filing of such request, the
984	petition shall have no further force or effect and all
985	proceedings thereon shall be terminated.
986	(6)  RESULTS OF ELECTION.--
987	(a)  If a majority of the qualified electors voting on a
988	proposed initiative ordinance vote in its favor, it shall be
989	considered adopted upon certification of the election results.
990	If conflicting ordinances are approved at the same election, the
991	one receiving the greatest number of affirmative votes shall
992	prevail to the extent of such conflict.
993	(b)  If a majority of the qualified electors voting on a
994	referendum ordinance vote against it, it shall be considered
995	repealed upon certification of the election results.
996	Section 9.  General provisions.--
997	(1)  SEVERABILITY.--If any section or part of any section
998	of this charter shall be held invalid by a court of competent
999	jurisdiction, such holding shall not affect the remainder of
1000	this charter or the context in which such section or part of a
1001	section so held invalid may appear, except to the extent that an
1002	entire section or part of a section may be inseparably connected
1003	in meaning and effect with the section or part of a section to
1004	which such holding shall directly apply.
1005	(2)  TOWN PERSONNEL SYSTEM.--All new employments,
1006	appointments, and promotions of town officers and employees
1007	shall be made pursuant to personnel procedures to be established
1008	by the town manager from time to time.
1009	(3)  CHARITABLE CONTRIBUTIONS.--The town shall not make any
1010	charitable contribution to any person or entity unless
1011	authorized by the council.
1012	(4)  VARIATION OF PRONOUNS.--All pronouns and any
1013	variations thereof used in this charter shall be deemed to refer
1014	to masculine, feminine, neutral, singular, or plural as the
1015	identity of the person or persons shall require and are not
1016	intended to describe, interpret, define, or limit the scope,
1017	extent, or intent of this charter.
1018	(5)  CALENDAR DAY.--For the purpose of this charter, a day
1019	shall mean a calendar day.
1020	(6)  CHARTER REVIEW COMMITTEE.--
1021	(a)  At its first regular meeting in March 2012, and every
1022	10th year thereafter, the town council may appoint a charter
1023	review committee consisting of 15 individuals who are not
1024	members of the town council to serve in an advisory capacity to
1025	the town council.
1026	(b)  Each council member shall recommend and nominate three
1027	individuals to serve on the committee as regular members, which
1028	appointments shall be approved by a majority vote of the town
1029	council. Individuals appointed to the charter review committee
1030	shall be citizens of the town.
1031	(c)  The charter review committee shall appoint its own
1032	chair and vice chair and adopt its own rules and procedures.
1033	(d)  The town clerk and the town attorney shall advise the
1034	town council in advance of the date when such appointments may
1035	be made.
1036	(e)  If appointed, the charter review committee shall
1037	commence its proceedings within 30 days after the committee is
1038	appointed by the town council. The committee shall review the
1039	charter and provide input to the town council to modernize and
1040	improve the charter. The public shall be given an opportunity to
1041	speak and participate at charter review committee meetings in
1042	accordance with the rules of the charter review committee.
1043	(f)  All recommendations by the charter review committee
1044	shall be forwarded to the town council in ordinance form for
1045	consideration no later than the 1st day of March of the year
1046	following the appointment of the charter review committee, and
1047	in sufficient time for any recommendations to be considered by
1048	the town council as provided herein.
1049	(g)  The town council shall consider the recommendations of
1050	the charter review committee at the regular meeting in November
1051	and the regular meeting in December of the year following
1052	appointment of the charter review committee.
1053	(7)  CHARTER AMENDMENTS.--This charter may be amended in
1054	accordance with the provisions for charter amendments as
1055	specified in general law or as may otherwise be provided by
1056	general law. The form, content, and certification of any
1057	petition to amend shall be established by ordinance.
1058	(8)  INITIATION BY PETITION.--The electors of the town may
1059	propose amendments to this charter by petition to be submitted
1060	to the council to be placed before the electors, as provided by
1061	general law.
1062	(9)  STANDARDS OF CONDUCT.--All elected officials and
1063	employees of the town shall be subject to the standards of
1064	conduct for public officers and employees set by general law. In
1065	addition, the town council shall, no later than 6 months from
1066	the effective date of incorporation, establish by ordinance a
1067	code of ethics for officials and employees of the town which may
1068	be supplemental to general law, but in no case may such an
1069	ordinance diminish the provisions of general law. The intent of
1070	this subsection is to require more stringent standards than
1071	those provided under general law.
1072	(10)  LAND USE, REZONING.--Any change to the town's future
1073	land use map, or any change to the zoning designation for any
1074	parcel within the town shall require the affirmative vote of no
1075	fewer than four members of the town council.
1076	Section 10.  Transition schedule.--
1077	(1)  REFERENDUM.--The Palm Beach County Commission shall
1078	hold the referendum election called for by this act on October
1079	10, 2006, at which time the following question shall be placed
1080	upon the ballot:
1081
1082	"Shall the creation of the Town of Loxahatchee Groves and its
1083	charter be approved?"
1084
1085	Yes
1086
1087	No
1088
1089	(2)  INITIAL ELECTION OF COUNCIL MEMBERS; DATES.--
1090	(a)  Following the adoption of this charter, the Palm Beach
1091	County Commission shall call a special election for the election
1092	of the five town council members to be held on March 13, 2007.
1093	Candidates for the election shall qualify for seat 1, seat 2,
1094	seat 3, seat 4, and seat 5. The candidate receiving the highest
1095	number of votes for that seat shall be elected. If more than one
1096	candidate for a designated council member seat receives an equal
1097	and highest number of votes, then the candidates receiving the
1098	highest votes in the general election shall run again in the
1099	runoff election which shall be held on March 27, 2007.
1100	(b)  Any individual who wishes to run for one of the five
1101	initial seats on the council shall qualify as a candidate with
1102	the Palm Beach County Supervisor of Elections in accordance with
1103	the provisions of this charter and general law.
1104	(c)  The Palm Beach County Commission shall appoint a
1105	canvassing board which shall certify the results of the
1106	election.
1107	(d)  Those candidates who are elected on March 13, 2007,
1108	and March 27, 2007, shall take office at the initial town
1109	council meeting, which shall be held at 7 p.m. on March 29,
1110	2007.
1111	(3)  CREATION AND ESTABLISHMENT OF THE TOWN.--For the
1112	purpose of compliance with section 200.066, Florida Statutes,
1113	relating to assessment and collection of ad valorem taxes, the
1114	town is hereby created and established effective November 1,
1115	2006; notwithstanding anything to the contrary contained herein,
1116	the town, although created and established as of November 1,
1117	2006, shall not be operational until March 30, 2007.
1118	(4)  FIRST YEAR EXPENSES.--The town council, in order to
1119	provide moneys for the expenses and support of the town, shall
1120	have the power to borrow money necessary for the operation of
1121	town government until such time as a budget is adopted and
1122	revenues are raised in accordance with the provisions of this
1123	charter.
1124	(5)  TRANSITIONAL ORDINANCES AND RESOLUTIONS.--All
1125	applicable county ordinances currently in place at the time of
1126	passage of the referendum, unless specifically referenced
1127	herein, shall remain in place until and unless rescinded by
1128	action of the town council, except that a county ordinance,
1129	rule, or regulation which is in conflict with an ordinance,
1130	rule, or regulation of the town shall not be effective to the
1131	extent of such conflict, except as otherwise provided by the
1132	Palm Beach County Charter, as may be amended from time to time.
1133	Any existing Palm Beach County ordinances, rules, and
1134	regulations as of October 12, 2006, shall not be altered,
1135	changed, rescinded, or added to, nor shall any variance be
1136	granted thereto insofar as such action would affect the town
1137	without the approval of the town council.
1138	(6)  TEMPORARY EMERGENCY ORDINANCES.--The town council
1139	shall adopt ordinances and resolutions required to effect the
1140	transition. Ordinances adopted within 60 days after the first
1141	council meeting may be passed as emergency ordinances. These
1142	transitional ordinances, passed as emergency ordinances, shall
1143	be effective for no longer than 90 days after adoption and
1144	thereafter may be readopted, renewed, or otherwise continued
1145	only in the manner normally prescribed for ordinances.
1146	(7)  TRANSITIONAL COMPREHENSIVE PLAN AND LAND DEVELOPMENT
1147	REGULATIONS.--
1148	(a)  Until such time as the town adopts a comprehensive
1149	plan, the Palm Beach County Future Land Use Map, the Palm Beach
1150	County Zoning Map, and all other applicable provisions
1151	applicable to the town, of the Comprehensive Plan and Land
1152	Development Regulations of Palm Beach County, as the same exist
1153	on the day the town commences corporate existence, shall remain
1154	in effect as the town's transitional comprehensive plan and land
1155	development regulations. However, all planning functions,
1156	duties, and authority shall thereafter be vested in the Town
1157	Council of Loxahatchee Groves which shall also be deemed the
1158	local planning agency until the council establishes a separate
1159	local planning agency.
1160	(b)  Upon this act becoming a law, no changes in the future
1161	land use map or the zoning districts within the boundaries of
1162	the town shall be considered for alteration, amendment, or other
1163	modification in any way until such time as the town adopts
1164	appropriate procedures as referenced in this act.
1165	(c)  All powers and duties of the planning commission,
1166	zoning authority, any boards of adjustment, and the County
1167	Commission of Palm Beach County, as set forth in these
1168	transitional zoning and land use regulations, shall be vested in
1169	the Town Council of Loxahatchee Groves until such time as the
1170	town council delegates all or a portion thereof to another
1171	entity.
1172	(d)  Subsequent to the passage of this act, no amendment of
1173	the comprehensive plan or land development regulations enacted
1174	by the Palm Beach County Commission shall be deemed as an
1175	amendment of the town's transitional comprehensive plan or land
1176	development regulations or otherwise take effect within the
1177	town's corporate limits except in accordance with the
1178	requirements, and upon adoption of the procedures specified in
1179	this act.
1180	(e)1.  The owner or assigns of the 97+/- acre property
1181	located at the northwest corner of B-Road and Southern
1182	Boulevard, commonly known as the "Simon property," have applied
1183	for a land use change through the Palm Beach County
1184	comprehensive plan amendment process (LGA 2004-00037). This
1185	parcel and it owners and assigns will remain subject to the Palm
1186	Beach County comprehensive plan and approval process until such
1187	time as the town adopts its own comprehensive plan.
1188	2.  In the event that the town initiates a review and
1189	approval process in a timeframe that is faster than presently
1190	expected, the owner or assigns of the Simon property may elect,
1191	at their own option, to go through the town's zoning approval
1192	process.
1193	(8)  COMMUNICATIONS SERVICES TAX.--The communications
1194	services tax imposed under s. 202.19, F.S., by Palm Beach County
1195	will continue within the town boundaries during the period
1196	commencing with the date of incorporation through December 31,
1197	2007. Revenues from the tax shall be shared by Palm Beach County
1198	with the town in proportion to the projected town population
1199	estimate of the Palm Beach County Planning Division compared
1200	with the unincorporated population of Palm Beach County before
1201	the incorporation of Loxahatchee Groves.
1202	(9)  STATE SHARED REVENUES.--The Town of Loxahatchee Groves
1203	shall be entitled to participate in all shared revenue programs
1204	of the state available to municipalities effective April 1,
1205	2007. The provisions of section 218.23(1), Florida Statutes,
1206	shall be waived for the purpose of eligibility to receive
1207	revenue sharing funds from the date of incorporation through the
1208	state fiscal year 2009-2010. Initial population estimates for
1209	calculating eligibility for shared revenues shall be determined
1210	by the University of Florida Bureau of Economic and Business
1211	Research. Should the bureau be unable to provide an appropriate
1212	population estimate, the Palm Beach County Planning Division
1213	estimate should be utilized. For the purposes of qualifying for
1214	revenue sharing, the following revenue sources shall be
1215	considered: municipal service taxing units, fire municipal
1216	service taxing units, water control district revenues,
1217	occupational license taxes, ad valorem taxes, public utility
1218	service taxes, communications services tax, and franchise fees.
1219	(10) GAS TAX REVENUES.---Notwithstanding the requirements
1220	of section 336.025, Florida Statutes, to the contrary, the town
1221	shall be entitled to receive local option gas tax revenues
1222	beginning October 1, 2007. These revenues shall be distributed
1223	in accordance with the interlocal agreements with Palm Beach
1224	County.
1225	(11)  WAIVER.--The provisions of section 218.23(1), Florida
1226	Statutes, shall be waived for the purpose of conducting audits
1227	and financial reporting through fiscal year 2007-2008.
1228	Section 11.  Continuation, merger, and dissolution of
1229	existing districts and service providers.--
1230	(1)  PALM BEACH COUNTY FIRE RESCUE MUNICIPAL SERVICE TAXING
1231	UNIT; CONTINUATION.--Notwithstanding the incorporation of the
1232	Town of Loxahatchee Groves, that portion of the Palm Beach
1233	County Fire Rescue Municipal Service Taxing Unit, a special
1234	taxing district created by the Palm Beach County Commission that
1235	lies within the boundaries of the Town of Loxahatchee Groves, is
1236	authorized to continue in existence until the town adopts an
1237	ordinance to the contrary. However, the town shall not establish
1238	a town fire department without a referendum.
1239	(2)  LAW ENFORCEMENT.--Law enforcement services will be
1240	provided by contract with the Palm Beach County Sheriff's
1241	Office, or contracted with other law enforcement agencies, until
1242	the town adopts an ordinance to the contrary, provided that the
1243	town shall not establish a town police department without a
1244	referendum.
1245	(3)  PALM BEACH COUNTY LIBRARY DISTRICT;
1246	CONTINUATION.--Notwithstanding the incorporation of the Town of
1247	Loxahatchee Groves, that portion of the Palm Beach County
1248	Library District, a dependent district of Palm Beach County
1249	created by chapter 2000-405, Laws of Florida, that lies within
1250	the boundaries of the Town of Loxahatchee Groves, is authorized
1251	but not required to continue in existence, provided that in
1252	order to be excluded from the library district the town shall
1253	establish a municipal-funded library.
1254	(4)  PALM BEACH COUNTY MUNICIPAL SERVICE TAXING UNIT
1255	B.--That portion of Palm Beach County Municipal Service Taxing
1256	Unit B, a dependent district of Palm Beach County created by the
1257	Palm Beach Commission that lies within the boundaries of the
1258	Town of Loxahatchee Groves, shall cease to exist within the
1259	municipal boundaries of the Town of Loxahatchee Groves on
1260	October 10, 2006.
1261	(5)  PALM BEACH COUNTY MUNICIPAL SERVICE TAXING UNIT
1262	F.--That portion of Palm Beach County Municipal Service Taxing
1263	Unit F, a dependent district of Palm Beach County created by the
1264	Palm Beach County Commission that lies within the boundaries of
1265	the Town of Loxahatchee Groves, shall cease to exist within the
1266	municipal boundaries of the Town of Loxahatchee Groves on
1267	October 10, 2006.
1268	(6)  LOXAHATCHEE GROVES WATER CONTROL DISTRICT;
1269	CONTINUATION.--Notwithstanding the incorporation of the Town of
1270	Loxahatchee Groves, the Loxahatchee Groves Water Control
1271	District, an independent special district created pursuant to
1272	the laws of the state, is authorized to continue in existence.
1273	(7)  LOXAHATCHEE GROVES PARK;
1274	CONTINUATION.--Notwithstanding the incorporation of the Town of
1275	Loxahatchee Groves, the Loxahatchee Groves Park will continue to
1276	be operated by the Palm Beach County Department of Parks and
1277	Recreation, in accordance with existing Palm Beach County
1278	standards. All planned improvements to the park shall be subject
1279	to approval of the Town of Loxahatchee Groves but are the
1280	responsibility of Palm Beach County. Nothing contained herein
1281	shall prevent Palm Beach County and the Town of Loxahatchee
1282	Groves from entering into an interlocal agreement related to
1283	maintenance, planned improvements, sale, or transfer of the
1284	park.
1285	Section 12.  Repeal.--Section 6 of section 2 of chapter 99-
1286	99-425, Laws of Florida, is repealed.
1287	Section 13.  Waivers.--The thresholds established by
1288	section 165.061, Florida Statutes, for incorporation have been
1289	met with the following exceptions:
1290	(1)  A waiver is granted to provisions of section
1291	165.061(1)(b), Florida Statutes, relating to minimum population
1292	requirements of 5,000, due to the rural character of the Town of
1293	Loxahatchee Groves.
1294	(2)  A waiver is granted to provisions of section
1295	165.061(1)(c), Florida Statutes, relating to the minimum density
1296	of population of 1.5 persons per acre, to protect the historic,
1297	rural, and agricultural character of the town from surrounding
1298	development pressure.
1299	(3)  A waiver is granted to provisions of section
1300	165.061(1)(d), Florida Statutes, relating to the minimum
1301	distance of 2 miles from the town to an existing municipality
1302	due to the marked difference in character between the town, a
1303	historic and rural community, and surrounding communities with
1304	significantly greater density and urban characteristics.
1305	Section 14.  This act shall only take effect upon approval
1306	by a majority of those qualified electors residing within the
1307	proposed corporate limits of the proposed Town of Loxahatchee
1308	Groves as described in section 1, voting in a referendum
1309	election to be called by the Board of County Commissioners of
1310	Palm Beach County and to be held on October 10, 2006, in
1311	accordance with the provisions relating to elections currently
1312	in force, except that section 10(1) and this section shall take
1313	effect upon this act becoming a law.

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