HB 1339

1	A bill to be entitled
2	An act relating to Palm Beach County; creating the Town of
3	Loxahatchee Groves; providing a charter; establishing the
4	Town of Loxahatchee Groves; providing legislative intent;
5	providing a council-manager form of government; providing
6	municipal boundaries and municipal powers; providing for
7	election of a town council; providing for membership,
8	qualifications, terms, powers, and duties of its members,
9	including the mayor; providing for a vice mayor; providing
10	general powers and duties; providing circumstances
11	resulting in vacancy in office; providing grounds for
12	forfeiture and suspension; providing for filling of
13	vacancies; providing for compensation and expenses;
14	providing for appointment of charter officers, including a
15	town manager and town attorney; providing for removal,
16	compensation, and filling of vacancies; providing
17	qualifications, powers, and duties; providing for
18	meetings; providing for adoption, distribution, and
19	recording of technical codes; providing for keeping of
20	records; providing a limitation upon employment of council
21	members; prohibiting certain interference with town
22	employees which shall constitute malfeasance in office;
23	establishing the fiscal year; providing for adoption of
24	annual budget and appropriation; providing amendments for
25	supplemental, reduction, and transfer of appropriations;
26	providing for limitations; providing for referendum
27	requirements for revenue bonds and other multi-year
28	contracts; providing for financial audit; providing for
29	nonpartisan elections and for matters relative thereto;
30	providing for recall; providing for initiative and
31	referenda; providing for future amendments of the charter;
32	providing for standards of conduct in office; providing
33	for severability; providing for a personnel system;
34	providing for charitable contributions; providing for
35	referendum on land use changes; providing the town a
36	transitional schedule and procedures for first election;
37	providing for first-year expenses; providing for adoption
38	of transitional ordinances, resolutions, comprehensive
39	plan, and local development regulations; providing for
40	accelerated entitlement to state-shared revenues;
41	providing for gas tax revenue; providing for continuation
42	of the Palm Beach County Fire Rescue Municipal Service
43	Taxing Unit; providing for law enforcement; providing for
44	continuation of the Palm Beach County Library District;
45	providing for dissolution of the Palm Beach County
46	Municipal Service Taxing Unit B and dissolution of the
47	Palm Beach County Municipal Service Taxing Unit F;
48	providing for continuation of the Loxahatchee Groves Water
49	Control District; providing for continuation of
50	Loxahatchee Groves Park; providing funding for
51	comprehensive planning; repealing section 6 of section 2
52	of chapter 99-425, Law of Florida; providing for waivers;
53	requiring a referendum; providing effective dates.
54
55	Be It Enacted by the Legislature of the State of Florida:
56
57	Section 1.  Corporate existence; form of government;
58	boundary and powers.--
59	(1)  Corporate existence.--
60	(a)  There is hereby created, pursuant to the Florida
61	Constitution, effective December 31, 2005, in Palm Beach County,
62	a new municipality to be known as the Town of Loxahatchee
63	Groves, (the "town"), a rural community.
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 continued existence
72	as an historic, rural community with the benefits of self-
73	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	and to acknowledge its close ties to the agriculture and
83	equestrian industries within the boundaries of the Town of
84	Loxahatchee Groves.
85	(e)  It is the intent of this charter and the incorporation
86	of the Loxahatchee Groves community to secure the benefits of
87	self-determination and affirm the values of representative
88	democracy, citizen participation, strong community leadership,
89	professional management, and regional cooperation.
90	(f)  The council shall exempt agricultural activities
91	conducted on farm land from any ordinances that interfere with
92	reasonable agricultural activities conducted on farm land as
93	defined in section 823.14, Florida Statutes, the Florida Right
94	to Farm Act, as may be amended from time to time.
95	(g)  The town shall not annex that area now known as
96	Callery-Judge Groves, generally described as that area of land
97	bounded on the north by M canal, on the south by the northern
98	border of the town, on the east by 140th , and on the west by M
99	canal.
100	(2)  Form of government.--The town shall have a council-
101	council-manager form of government.
102	(3)  Corporate boundary.--The corporate boundaries of the
103	Town of Loxahatchee Groves, hereinafter referred to as "the
104	town," shall be as described as follows:
105
106	That portion of Loxahatchee Sub-Drainage District,
107	Township 43 South, Range 41 East and Range 40 East,
108	Palm Beach County, Florida, being more particularly
109	described as follows:
110	Beginning at the Northwest corner of Section Eighteen
111	(18) in Township Forty-three (43) South, Range Forty-
112	one (41) East, Palm Beach County, Florida, and run
113	thence along the North line of Section Eighteen (18)
114	and Seventeen (17) of said Township to the Northeast
115	corner of Section Seventeen (17) in said Township and
116	Range; thence run South along the Eastern boundary of
117	Section Seventeen (17) to the Southeast corner of said
118	Section;
119	Thence run East along the Northern boundary of Section
120	Twenty-one (21) and of Section Twenty-two (22) to the
121	Northeast corner of the Northwest quarter of the said
122	Section Twenty-two (22); Thence run South along the
123	East line of the Northwest quarter of said Section
124	Twenty-two (22) to the Southeast corner of said
125	Northwest quarter of said Section; Thence run West
126	along the South line of the Southeast quarter of
127	Northwest quarter of said Section Twenty-two (22) to
128	the Southwest corner of said Southeast quarter of
129	Northwest quarter of said Section; Thence run South
130	along the East line of the West half of the Southwest
131	quarter of Section Twenty-two (22) and of the West
132	half of West half of Section Twenty-seven (27) and of
133	the West half of West half of Section Thirty-four (34)
134	to the North Right of Way line of State Road 80, in
135	Section Thirty-four (34); Thence West along the
136	Northern edge of the North Right of Way line of State
137	Road 80, across the West half of West half of Section
138	Thirty-four (34) and across Section Thirty-three (33),
139	Thirty-two (32), and Thirty-one (31) in said Township
140	to the point where the range line dividing ranges
141	Forty (40) and Forty-one (41) East intersects said
142	North Right of Way line of State Road 80;
143	Thence North along the West line of Sections Thirty-
144	one (31), Thirty (30), Nineteen (19) and Eighteen (18)
145	to the Point of Beginning, embracing approximately Six
146	Thousand Nine Hundred Thirty five and 56/100
147	(6,935.56) acres.
148	Said lands lying within the above described boundary
149	lines are described more particularly as follow, to
150	wit:
151	All of Section Seventeen (17), Eighteen (18), Nineteen
152	(19), Twenty (20), and Twenty-one (21) and the
153	Northwest quarter and West half of Southwest quarter
154	of Section Twenty-two (22); and West half of West half
155	of Section Twenty-seven (27); and all Section Twenty-
156	eight (28), Twenty-nine (29) and Thirty (30) and all
157	of Section Thirty-one (31) North of North Right of Way
158	line of State Road 80; and all of Section Thirty-three
159	(32) North of North Right of Way line of State Road
160	80; and all of Section Thirty-three (33) North of
161	North Right of Way line of State Road 80; and all of
162	the West half of West half of Section Thirty-four (34)
163	North of North Right of Way line of State Road 80; all
164	in Township Forty-three (43) South Range Forty-one
165	(41) East, all of said lands being situate in Palm
166	Beach County, State of Florida, according to the
167	United States official surveys of said lands.
168	TOGETHER WITH
169	The South 1/2 of Sections 7 and 8, T43S, R41E.
170	The South 1/2 of the East 1/4 of Section 12, The East
171	1/4 of Sections 13, 24, 25, T43S, R40E, and that part
172	of the East 1/4 of Section 36, T43S, R40E, lying North
173	of the North Right of Way of S.R. 80, all in Palm
174	Beach County, Florida, containing 1320 acres, more or
175	less.
176	LESS AND EXCEPT The All or Nothing Legislation Parcel
177	as described in Senate Bill No. 2616, Laws of Florida,
178	Chapter 99-425, formerly known as The Palms West
179	Hospital property
180	A parcel bounded by Southern Boulevard (S.R. 80) on
181	the South, the Southern boundary of the drainage/road
182	Right of Way known as collecting canal on the North,
183	Folsom/Crestwood of the East, and the Western boundary
184	of The All or Nothing Legislation Parcel as described
185	in Senate Bill No. 2616, Laws of Florida, Chapter 99-
186	425 on the west, said parcel being more particularly
187	described as follows:
188	A parcel of land located in the County of Palm Beach,
189	State of Florida, to wit:
190	The point of beginning being the intersection of the
191	Easterly line of Lot 4, Block K, Loxahatchee District,
192	according to the plat thereof on file in the Office of
193	the Clerk of the Circuit Court recorded in Plat Book
194	7, Page 81, of the Public Records of Palm Beach
195	County, Florida, and the Southerly boundary of the
196	"Collecting Canal" as shown on the Replat of
197	Loxahatchee Groves Subdivision according to the Plat
198	thereof, recorded in Plat Book 12, Page 29, of the
199	Public Records of Palm Beach County, Florida; Thence
200	Easterly along said Southerly boundary of the
201	"Collecting Canal" to the Easterly boundary of said
202	Replat of Loxahatchee Groves; Thence South along said
203	Easterly boundary line of the Replat of Loxahatchee
204	Groves to the North Right of Way line of State Road
205	80; Thence Westerly along said Northerly Right of Way
206	line of State Road 80 to the Easterly line of Lot 4,
207	Block K, Loxahatchee District;
208	Thence Northerly along said Easterly line of Lot 4 to
209	the Point of Beginning.
210
211	(4)  Municipal powers.--The town shall be a body corporate
212	and politic and shall have all available governmental,
213	corporate, and proprietary powers of a municipality under the
214	State Constitution and laws of the state, as fully and
215	completely as though such powers were specifically enumerated in
216	this charter, and may exercise them, except when prohibited by
217	law. Through the adoption of this charter, it is the intent of
218	the electors of the town that the municipal government
219	established herein have the broadest exercise of home rule
220	powers permitted under the State Constitution and laws of the
221	state. This charter and the powers of the town shall be
222	construed liberally in favor of the town. It is recognized that
223	certain services within the municipal boundaries are provided by
224	independent special districts created by special acts of the
225	Legislature and by Palm Beach County.
226	Section 2.  Council; mayor and vice mayor.--
227	(1)  Town council.--There shall be a five-member town
228	council ("council") vested with all legislative powers of the
229	town, consisting of five members ("council members"), each
230	elected from and representing the town at large. Council members
231	shall occupy seats numbered 1 through 5. Unless otherwise stated
232	within this charter, all charter powers shall be exercised by
233	the council.
234	(2)  The mayor; powers and duties.--
235	(a)  The council, at its first regular meeting after the
236	fourth Tuesday of each March, shall elect from its members a
237	mayor who shall serve for a period of 1 year and who shall have
238	the same legislative powers and duties as any other council
239	member, except as provided herein.
240	(b)  In addition to carrying out the regular duties as a
241	council member, the mayor shall preside at the meetings of the
242	council and shall be recognized as the head of town government
243	for service of process, ceremonial matters, and the signature or
244	execution of ordinances, contracts, deeds, bonds, and other
245	instruments and documents and for purposes of military law. The
246	mayor shall also serve as the ceremonial head of the town and
247	the town official designated to represent the town when dealing
248	with other entities. The mayor shall have no administrative
249	duties other than those necessary to accomplish these actions,
250	or such other actions as may be authorized by the town council,
251	consistent with general or special law.
252	(3)  The vice mayor.--
253	(a)  The council, at its first regular meeting after the
254	fourth Tuesday of each March, shall elect from its members a
255	vice mayor who shall serve for a period of 1 year and who shall
256	have the same legislative powers and duties as the mayor or any
257	other council member.
258	(b)  The vice mayor shall serve as acting mayor during the
259	absence or disability of the mayor. In the absence of the mayor
260	and the vice mayor, the remaining council members shall select a
261	council member to serve as acting mayor.
262	Section 3.  Election and terms of office.--
263	(1)  Each council member shall be elected at large for a
264	3-year term by the electors of the town in the manner provided
265	herein. Council members shall be sworn into office at the first
266	regularly scheduled meeting following their election. Each
267	council member shall remain in office until his or her successor
268	is elected and assumes the duties of the position.
269	(2)  The town council shall be divided into five separate
270	council seats to be designated as seats 1, 2, 3, 4, and 5, to be
271	voted on town-wide, with each qualified elector entitled to vote
272	for one candidate for each seat.
273	(3)  Candidates for each council seat must qualify for
274	council elections by seat in accordance with applicable Florida
275	Statutes, and the council members elected to those seats shall
276	hold the seats 1 through 5, respectively. To qualify for office:
277	(a)  Each candidate for council member shall file a written
278	notice of candidacy with the town clerk at such time and in such
279	manner as may be prescribed by ordinance and payment to the town
280	of any fees required by Florida Statutes as a qualifying fee.
281	(b)  Each candidate for council member shall be a
282	registered voter in the state.
283	(c)  Each candidate for council member shall have
284	maintained his or her domicile within the boundaries of the town
285	for a period of 1 year prior to qualifying for election and, if
286	elected, shall maintain such residency throughout his or her
287	term of office.
288	(d)  Any resident of the town who wishes to become a
289	candidate for a council member seat shall qualify with the town
290	clerk no sooner than noon on the last Tuesday in January, nor
291	later than noon on the first Tuesday in February, of the year in
292	which the election is to be held.
293	(4)(a)  Vacancies.--A vacancy in the office of mayor, vice
294	mayor, or any council member shall occur upon the death of the
295	incumbent, removal from office as authorized by law,
296	resignation, appointment to other public office which creates
297	dual office holding, judicially determined incompetent, or
298	forfeiture of office as described herein.
299	(b)  Forfeiture of office.--Any council member shall
300	forfeit his or her office upon determination by the council,
301	acting as a body, at a duly noticed public meeting that he or
302	she:
303	1.  Lacks at any time, or fails to maintain during his or
304	her term of office, any qualification for the office prescribed
305	by this charter or otherwise required by law;
306	2.  Is convicted of a felony or enters a plea of guilty or
307	nolo contendere to a crime punishable as a felony, even if
308	adjudication is withheld;
309	3.  Is convicted of a first degree misdemeanor arising
310	directly out of his or her official conduct or duties, or enters
311	a plea of guilty or nolo contendere thereto, even if
312	adjudication of guilt has been withheld;
313	4.  Is found to have violated any standard of conduct or
314	code of ethics established by law for public officials and has
315	been suspended from office by the Governor, unless subsequently
316	reinstated as provided by law; or
317	5.  Is absent from 3 consecutive regular council meetings
318	without good cause, or for any other reason established in this
319	charter.
320
321	The council shall be the sole judge of the qualifications of its
322	members and shall hear all questions relating to forfeiture of a
323	council member's office, including whether or not good cause for
324	absence has been or may be established. The burden of
325	establishing good cause shall be on the council member in
326	question; however, any council member may at any time during any
327	duly held meeting move to establish good cause for his or her
328	absence or the absence of any other commission member from any
329	past, present, or future meeting or meetings, which motion, if
330	carried, shall be conclusive. A council member whose
331	qualifications are in question or who is otherwise subject to
332	forfeiture of his or her office shall not vote on any such
333	matters. The council member in question shall be entitled to a
334	public hearing on request regarding an alleged forfeiture of
335	office. If a public hearing is requested, notice thereof shall
336	be published in one or more newspapers of general circulation in
337	the town at least 1 week in advance of the hearing. Any final
338	determination by the council that a council member has forfeited
339	his or her office shall be made by resolution. All votes and
340	other acts of the council member in question prior to the
341	effective date of such resolution shall be valid regardless of
342	the grounds of forfeiture.
343	(c)  Suspension from office.--Any council member shall be
344	suspended from office upon return of an indictment or issuance
345	of any information charging the council member with any crime
346	which is punishable as a felony or with any crime arising out of
347	his or her official duties which is punishable as a first degree
348	misdemeanor. Pursuant thereto:
349	1.  During the period of suspension, a council member shall
350	not perform any official act, duty, or function or receive any
351	pay, allowance, emolument, or privilege of office.
352	2.  If the council member is subsequently found not guilty
353	of the charge, or if the charge is otherwise dismissed, reduced,
354	or altered in such a manner that suspension would no longer be
355	required as provided herein, the suspension shall be lifted and
356	the council member shall be entitled to receive full back pay
357	and such other emoluments or allowances as he or she would have
358	been entitled to had the suspension not occurred.
359	(d)  Filling of vacancies.--
360	1.  If any vacancy occurs in the office of any council
361	member and the remainder of the council member's unexpired term
362	is less than 1 year and 81 days, the remaining council members
363	shall, within 30 days following the occurrence of such vacancy,
364	by majority vote, appoint a person to fill the council member
365	vacancy for the remainder of the unexpired term.
366	2.  If any vacancy occurs in the office of any council
367	member and the remainder of the unexpired term is equal to or
368	exceeds 1 year and 81 days, the remaining council members shall,
369	within 30 days following the occurrence of such vacancy, by
370	majority vote, appoint a person to fill the vacancy until the
371	next regularly scheduled town election, at which time an
372	election shall be held to fill the vacant council member seat.
373	3.  If a vacancy occurs in the office of mayor and less
374	than 120 days remain in the term of the council member who was
375	elected mayor, then the vice mayor shall serve as mayor until a
376	new mayor is elected by the council and assumes the duties of
377	his or her office. If a vacancy occurs in the office of mayor
378	and 120 days or more remain in the term of the mayor, then the
379	vice mayor shall serve as mayor until a new council member is
380	elected, and the council elects a new mayor and vice mayor as
381	provided by this charter.
382	4.  Any person appointed to fill a vacant seat on the
383	council shall be required to meet the qualifications of the seat
384	to which he or she is appointed.
385	5.  Notwithstanding any quorum requirements established
386	herein, if at any time the full membership of the council is
387	reduced to less than a quorum, the remaining members may, by
388	majority vote, appoint additional members to the extent
389	otherwise permitted or required under this subsection.
390	6.  In the event that all the members of the council are
391	removed by death, disability, recall, forfeiture of office, or
392	resignation, or any combination thereof, the Governor shall
393	appoint interim council members who shall call a special
394	election within not less than 30 days or more than 60 days after
395	such appointment.  Such election shall be held in the same
396	manner as the initial elections under this charter. However, if
397	there are fewer than 6 months remaining in the unexpired terms,
398	the interim council appointed by the Governor shall serve out
399	the unexpired terms.  Appointees must meet all requirements for
400	candidates as provided in this charter.
401	(e)  Compensation and expenses.--
402	1.  Town council members shall be entitled to receive
403	reimbursement in accordance with Florida Statutes for authorized
404	travel and per diem expenses incurred in the performance of
405	their official duties.
406	2.  The town council, by not less than four affirmative
407	votes, may elect to provide for an increase in compensation by
408	ordinance. However, no such ordinance establishing or increasing
409	compensation shall take effect until the date of commencement of
410	the terms of council members elected at the next regular
411	election which follows the adoption of said ordinance.
412	Section 4.  Administrative.--
413	(1)  Designation of charter officers.--The town manager and
414	the town attorney are designated as charter officers, except
415	that the office of town attorney may be contracted to an
416	attorney or law firm.
417	(2)  Appointment; removal; compensation; filling of
418	vacancies.--
419	(a)  The charter officers shall be appointed by a majority
420	vote of the full council and shall serve at the pleasure of the
421	council.
422	(b)  The charter officers shall be removed from office only
423	by a super majority vote of the full council. Upon demand by a
424	charter officer, a public hearing shall be held prior to such
425	removal.
426	(c)  The compensation of the charter officers shall be
427	fixed by the town council through the approval of an acceptable
428	employment contract.
429	(d)  The town council shall begin the process to fill a
430	vacancy in a charter office within 90 days of the vacancy. An
431	acting town manager or an acting town attorney may be appointed
432	by the council during a vacancy in such charter office.
433	(e)  A charter officer shall not be a member of the town
434	council or a candidate for town council while holding a charter
435	officer position.
436	(3)  Town manager.--The town manager shall be the chief
437	administrative officer of the town.
438	(a)  The town council shall appoint a town manager who
439	shall be the administrative head of the municipal government
440	under the direction and supervision of the town council. The
441	town manager shall hold office at the pleasure of the town
442	council. The town manager shall be appointed by resolution
443	approving an employment contract between the town and the town
444	manager. The town manager shall receive such compensation as
445	determined by the town council through the adoption of an
446	appropriate resolution.
447	(b)  The town manager shall have the minimum qualifications
448	of a combination of a bachelor's degree in public
449	administration, business administration, or other related fields
450	from an accredited college or university and 3 years' public
451	administration experience or 6 years' experience in a city
452	manager or assistant city manager position, which is certified
453	by the International City Manager Association.
454	(c)  The town manager shall possess a City Manager
455	Certification or obtain such certification within a period of 2
456	years after being appointed.
457	(d)  During the absence or disability of the town manager,
458	the town council may by resolution designate some properly
459	qualified person to temporarily execute the functions of the
460	town manager. The person thus designated shall have the same
461	powers and duties as the town manager and shall be known while
462	so serving as "acting town manager." The town manager or acting
463	town manager may be removed by the town council at any time.
464	(e)  As the chief administrative officer the town manager
465	shall:
466	1.  Direct and supervise the administration of all
467	departments, offices, and agencies of the town, except the
468	offices of town attorney, and except as otherwise provided by
469	this charter or by law.
470	2.  Appoint, suspend, or remove any employee of the town or
471	appointive administrative officer provided for, by, or under
472	this charter, except the office of town attorney, and except as
473	may otherwise be provided by law, this charter, or personnel
474	rules adopted pursuant to the charter. The town manager may
475	authorize any administrative officer who is subject to his or
476	her direction and supervision to exercise these powers with
477	respect to subordinates in that officer's department, office, or
478	agency.
479	3.  Ensure that all laws, provisions of this charter, and
480	acts of the council are faithfully executed.
481	4.  Prepare and submit the annual budget and capital
482	program to the council in the form prescribed by ordinance.
483	5.  Attend meetings of the town council.
484	6.  Draw and sign vouchers upon depositories as provided by
485	ordinance and keep, or cause to be kept, a true and accurate
486	account of same.
487	7.  Sign all licenses issued by the town, issue receipts
488	for all moneys paid to the town, and deposit said moneys in the
489	proper depositories on the first banking day after receipt. The
490	town manager may delegate the responsibilities of this
491	subparagraph to an appropriate town employee who shall be
492	bonded.
493	8.  Provide administrative services in support of the
494	official duties of the mayor and the council.
495	9.  Keep the council advised as to the financial condition
496	and future needs of the town and make recommendations to the
497	council concerning the affairs of the town.
498	10.  Submit to the council, and make available to the
499	public, a complete report on finances and administrative
500	activities of the town as of the end of each fiscal year.
501	11.  Sign contracts on behalf of the town to the extent
502	authorized by ordinance.
503	12.  Perform such other duties as are specified in this
504	charter or as may be required by the council.
505	(4)  Town attorney.--
506	(a)  The town attorney shall be employed under terms and
507	conditions deemed advisable by the town council, which may
508	include the appointment of a law firm.
509	(b)  The town attorney shall have been admitted to practice
510	in the state for 5 years and having not less than 2 years'
511	experience in the practice of law for local government.
512	(c)  The town attorney has sole discretion to appoint,
513	promote, suspend, demote, remove, or terminate deputy and
514	assistant town attorneys, subject to the town's annual budget.
515	(d)  The town attorney shall perform the following
516	functions in addition to other functions as designated by the
517	town council:
518	1.  Serve as chief legal advisor to the town council, the
519	charter officers, and all town departments, offices, and
520	agencies.
521	2.  Attend all regular and special town council meetings
522	unless excused by the town council, and shall perform such
523	professional duties as may be required by law or by the council
524	in furtherance of the law.
525	3.  Approve all contracts, bonds, and other instruments in
526	which the town is concerned and shall endorse on each his or her
527	approval of the form and correctness thereof.  No contract with
528	the town shall take effect until his or her approval is so
529	endorsed thereon.
530	4.  When requested to do so by the council, prosecute and
531	defend on behalf of the town all complaints, suits, and
532	controversies in which the town is a party.
533	5.  Perform such other professional duties as required of
534	him or her by resolution of the council or as prescribed for
535	municipal attorneys in the general laws of the state which are
536	not inconsistent with this charter.
537	6.  Prepare an annual budget for the operation of the
538	office of the town attorney and shall submit this budget to the
539	town manager for inclusion in the annual town budget, in
540	accordance with uniform town procedures.
541	(5)  Town clerk.--The town manager shall appoint a town
542	clerk or management firm to serve as town clerk (the "clerk").
543	The clerk shall give notice of council meetings to its members
544	and the public, shall keep minutes of its proceedings, and shall
545	perform such other duties as the council or town manager may
546	prescribe from time to time. The clerk shall report to the town
547	manager.
548	(6)  Expenditure of town funds.--No funds of the town shall
549	be expended except pursuant to duly approved appropriations or
550	for the payment of bonds, notes, or other indebtedness duly
551	authorized by the council and only from such funds so
552	authorized.
553	(7)  Town boards and agencies.--Except as otherwise
554	provided by law, the council may establish or terminate such
555	boards and agencies as it may deem advisable from time to time.
556	The boards and agencies shall report to the council. Members of
557	boards and agencies shall be appointed by the council by
558	resolution.
559	Section 5.  Legislative.--
560	(1)  The council shall conduct regular meetings at such
561	times and places as the council shall prescribe by resolution.
562	Such meetings shall be public meetings within the meaning of
563	state law, and shall be subject to notice and other requirements
564	of law applicable to public meetings.
565	(2)  Special meetings may be held at the call of the mayor
566	or, in his or her absence, at the call of the vice mayor.
567	Special meetings may also be called upon the request of a
568	majority of the council members. Unless of an emergency nature,
569	the person or persons calling such a meeting shall provide not
570	less than 72 hours' prior notice of the meeting to the public.
571	(3)  All meetings shall be scheduled to commence no earlier
572	than 7 a.m. nor later than 10 p.m.
573	(4)  The council shall determine its own rules and order of
574	business.
575	(5)  A majority of the full council shall constitute a
576	quorum.
577	(6)  No action of the council shall be valid unless adopted
578	by an affirmative vote of the majority of the full council,
579	unless otherwise provided by law.
580	(7)  Except as otherwise prescribed herein or as provided
581	by law, the legislative powers of the town shall be vested in
582	the council. The council shall provide for the exercise of its
583	powers and for the performance of all duties and obligations
584	imposed on the town by law.
585	(8)  The council may establish such other departments as it
586	determines necessary for the efficient administration and
587	operation of the town. Such departments, offices, or agencies
588	shall be established by ordinance.
589	(9)  The council may adopt any standard code of technical
590	regulations by reference thereto in an adopting ordinance and
591	may amend the code in the adopting ordinance or later amendatory
592	ordinance. The procedures and requirements governing such an
593	adopting ordinance shall be as prescribed for ordinances
594	generally, except that:
595	(a)  Requirements regarding distribution and filing of
596	copies of the ordinance shall not be construed to require
597	distribution and filing of copies of the adopted code of
598	technical regulations.
599	(b)  A copy of each adopted code of technical regulations,
600	as well as of the adopting ordinance, shall be authenticated and
601	recorded by the town clerk.
602	(10)(a)  To meet a public emergency affecting life, health,
603	property, or the public peace, the council may adopt, in the
604	manner provided by Florida Statutes, one or more emergency
605	ordinances, but such ordinances may not enact or amend a land
606	use plan or rezone private property; levy taxes; grant, renew,
607	or extend any municipal franchise; set service or user charges
608	for any municipal services; or authorize the borrowing of money,
609	except as provided under the emergency appropriations provisions
610	of this charter, if applicable. An emergency ordinance shall be
611	introduced in the form and manner prescribed for ordinances
612	generally, except that it shall be plainly designated in a
613	preamble as an emergency ordinance and shall contain, after the
614	enacting clause, a declaration stating that an emergency exists
615	and describing it in clear and specific terms.
616	(b)  Upon the affirmative vote of four council members, an
617	emergency ordinance may be adopted with or without amendment or
618	rejected at the meeting at which it is introduced. After its
619	adoption, the ordinance shall be advertised and printed as
620	prescribed for other ordinances.
621	(c)  Emergency ordinances shall become effective upon
622	adoption or at such other date as may be specified in the
623	ordinance.
624	(d)  Every emergency ordinance, except emergency
625	appropriation ordinances, shall automatically be repealed as of
626	the 61st day following its effective date, but this shall not
627	prevent reenactment of the ordinance under regular procedures
628	or, if the emergency still exists, in the manner specified in
629	this section. An emergency ordinance may also be repealed by
630	adoption of a repealing ordinance in the same manner specified
631	in this section for adoption of emergency ordinances.
632	(11)  To meet a public emergency affecting life, health,
633	property, or the public peace, the council, by resolution, may
634	make emergency appropriations. To the extent that there are no
635	unappropriated revenues to meet such appropriation, the council
636	may by such emergency resolution authorize the issuance of
637	emergency notes, which may be renewed from time to time, but the
638	emergency notes and renewals in any fiscal year shall be paid
639	not later than the last day of the fiscal year succeeding that
640	in which the emergency appropriations were made.
641	(12)  The council shall, in a properly indexed book kept
642	for the purpose, provide for the authentication and recording in
643	full of all minutes of meetings and all ordinances and
644	resolutions adopted by the council, and the same shall at all
645	times be a public record. The council shall further maintain a
646	current codification of all ordinances. Such codification shall
647	be printed and shall be made available for distribution to the
648	public on a continuing basis. All ordinances or resolutions of
649	the council shall be signed by all council members and attested
650	to by the town clerk.
651	(13)  No present or former elected town official shall hold
652	any compensated appointive office or employment of the town
653	while in office, nor shall any former council member be employed
654	by the town until after the expiration of one year from the time
655	of leaving office.
656	(14)  Except for the purposes of inquiry and information,
657	council members are expressly prohibited from interfering with
658	the performance of the duties of any employee of the town
659	government who is under the direct or indirect supervision of
660	the town manager or town attorney. Such action shall be
661	malfeasance within the meaning of sections 112.317 and 112.51,
662	Florida Statutes, as may be amended from time to time.
663	Recommendations for improvements in the town government
664	operations shall come through the town manager, but each member
665	of the council shall be free to discuss or recommend
666	improvements to the town manager, and the council is free to
667	direct the town manager to implement specific recommendations
668	for improvement in town government operations.
669	Section 6.  Budget and appropriations.--
670	(1)  The town shall have a fiscal year which shall begin on
671	the first day of October and shall end on the last day of
672	September of the following calendar year, unless otherwise
673	defined by Florida Statutes.  Such fiscal year shall also
674	constitute the annual budget and accounting year.
675	(2)  The council shall adopt a budget in accordance with
676	applicable Florida Statutes and any amendments thereto,
677	following a minimum of two public hearings on the proposed
678	budget. A resolution adopting the annual budget shall constitute
679	appropriation of the amounts specified therein as expenditures
680	from funds indicated.
681	(3)  The budget shall not provide for expenditures in an
682	amount greater than the revenues budgeted.
683	(4)(a)  Supplemental appropriations.--If, during the fiscal
684	year, revenues in excess of those estimated in the budget are
685	available for appropriation, the council by resolution may make
686	supplemental appropriations for the year in an amount not to
687	exceed such excess.
688	(b)  Reduction of appropriations.--If, at any time during
689	the fiscal year, it appears probable to the town manager that
690	the revenues available will be insufficient to meet the amount
691	appropriated, the town manager shall report to the council
692	without delay, indicating the estimated amount of the deficit,
693	any remedial action taken, and recommendations as to any other
694	steps that should be taken. The council shall then take such
695	further action as it deems necessary to prevent or minimize any
696	deficit and, for that purpose, the council may by resolution
697	reduce one or more appropriations accordingly.
698	(c)  Limitations; effective date.--No appropriation for
699	debt service may be reduced or transferred, and no appropriation
700	may be reduced below any amount required by law to be
701	appropriated, or by more than the unencumbered balance thereof.
702	Other provisions of law to the contrary notwithstanding, the
703	supplemental and emergency appropriations and reduction or
704	transfer of appropriations authorized by this section may be
705	made effective immediately upon adoption.
706	(5)(a)  Subject to the referendum requirements of the State
707	Constitution, if applicable, the town may from time to time
708	borrow money and issue bonds or other obligations or evidence of
709	indebtedness (collectively, "bonds") of any type or character
710	for any of the purposes for which the town is now or hereafter
711	authorized by law to borrow money, including to finance the cost
712	of any capital or other project and to refund any and all
713	previous issues of bonds at or prior to maturity. Such bonds may
714	be issued pursuant to one or more resolutions adopted by a
715	majority of the council.
716	(b)  The town may assume all outstanding indebtedness
717	related to facilities it acquires from other units of local
718	government and be liable for payment thereon in accordance with
719	its terms.
720	(6)  Unless authorized by the electors of the town at a
721	duly held referendum election, the council shall not authorize
722	or allow to be authorized the issuance of revenue bonds or enter
723	into lease-purchase contracts or any other unfunded multiyear
724	contracts all for the purchase of real property or the
725	construction of any capital improvement, the repayment of which
726	extends in excess of 36 months, unless mandated by state or
727	federal governing agencies.
728	(7)  The council shall provide for an independent annual
729	financial audit of all town accounts and may provide for more
730	frequent audits as it deems necessary. Such audits shall be made
731	by a certified public accountant or a firm of such accountants
732	who have no personal interest, direct or indirect, in the fiscal
733	affairs of the town government or in any of its officers.
734	Residency in the town shall not be construed as a prohibited
735	interest.
736	Section 7.  Elections.--
737	(1)  Electors.--Any person who is a resident of the town,
738	who has qualified as an elector of this state, and who registers
739	in the manner prescribed by law shall be an elector of the town.
740	(2)  Nonpartisan elections.--All elections for the town
741	council members shall be conducted on a nonpartisan basis
742	without any designation of political party affiliation.
743	(3)  Election dates.--A special election shall be held on
744	the second Tuesday in March 2006, and regular elections shall be
745	held on the second Tuesday in March of each election year,
746	provided as follows:
747	(a)  For the two council member seats that received the
748	highest number of votes in the March 2006 election, the next
749	election to fill the council member seats shall be held on the
750	second Tuesday in March after the first Monday in March in 2009,
751	and every 3 years thereafter.
752	(b)  For the two council member seats that received the
753	next highest number of votes in the March 2006 election, the
754	next election to fill the council member seats shall be held on
755	the second Tuesday in March after the first Monday in March in
756	2008, and every 3 years thereafter.
757	(c)  For the remaining council member seat, the next
758	election to fill the council member seat shall be held on the
759	second Tuesday in March after the first Monday in March in 2007,
760	and every 3 years thereafter.
761	(d)  Such town elections shall be general town elections.
762	(4)  Runoff elections.--In the event no candidate for an
763	office receives a majority of the votes cast for said office,
764	then the person receiving the largest number of votes cast will
765	be elected. In the event two candidates receive an equal number
766	of votes, a runoff election shall be held on the fourth Tuesday
767	in March.
768	(5)  Town canvassing board.--The town canvassing board
769	shall be composed of those members of the town council who are
770	not candidates for reelection and the town clerk, who shall act
771	as chair. At the close of the polls of any town election, or as
772	soon thereafter as practicable, the canvassing board shall meet
773	at a time and place designated by the chair and shall proceed to
774	publicly canvass the vote as shown by the returns then on file
775	in the office of the town clerk, and then shall publicly canvass
776	the absentee elector ballots. The canvassing board shall prepare
777	and sign a certificate containing the total number of votes cast
778	for each candidate or other measure voted upon. The certificate
779	shall be placed on file with the town clerk.
780	(6)  Special elections.--Special municipal elections, when
781	required, shall be held in the same manner as regular elections,
782	except that the town council, by ordinance, shall fix the time
783	for holding such elections consistent with this charter and
784	state law.
785	(7)  General election.--
786	(a)  The ballot for the general election shall contain the
787	names of all qualified candidates for each respective council
788	member seat and shall instruct electors to cast one vote for
789	each council member seat, with a maximum of one vote per
790	candidate.  The candidate for each council member seat receiving
791	the most votes shall be the duly elected council member for that
792	designated council member seat.
793	(b)  No election for any council member seat shall be
794	required in any election if there is only one duly qualified
795	candidate for the council member seat.
796	(c)  If more than one candidate for a designated council
797	member seat receive an equal and highest number of votes, then
798	the candidates for the office receiving the highest vote in the
799	general election shall run again in the runoff election.
800	(d)  The candidate receiving the highest number of votes
801	cast for the designated council member seat in the runoff
802	election shall be elected to the designated council member seat.
803	If the vote at the runoff election results in a tie, the outcome
804	shall be determined by lot.
805	(e)  The term of office of any elected official shall
806	commence immediately after the election.
807	(f)  All elected officers, before entering upon their
808	duties, shall take and subscribe to the following oath of
809	office:
810	I do solemnly swear (or affirm) that I will support, protect,
811	and defend the Constitution and Government of the United States
812	and of the state, and the charter of the Town of Loxahatchee
813	Groves; that I am duly qualified to hold office under the
814	Constitution of the State and the charter of the Town of
815	Loxahatchee Groves; and that I will well and faithfully perform
816	the duties of council member upon which I am now about to enter.
817	(g)  The election laws of the state shall apply to all
818	elections.
819	(h)  Any member of the town council may be removed from
820	office by the electors of the town following the procedures for
821	recall established by general law.
822	Section 8.  Initiative and referendum.--
823	(1)  Power to initiate and reconsider ordinances.--
824	(a)  Initiative.--The electors of the town shall have the
825	power to propose ordinances to the town council and, if the town
826	council fails to adopt an ordinance so proposed without any
827	change in substance, to adopt or reject it at a town election,
828	provided that such power shall not extend to the annual budget
829	or capital program or any ordinance appropriating money, levying
830	taxes, or setting salaries of town officers or employees.
831	(b)  Referendum.--
832	1.  The town council shall have the power, by resolution,
833	to call for a referendum vote by the electors of the town at any
834	time, provided that the purpose of such referendum is presented
835	to the town at a public hearing at least 60 days prior to the
836	adoption of said resolution. Any resolution calling for a
837	referendum vote of the electors of the town must be passed by
838	the affirmative vote of not less than four members of the
839	council.
840	2.  The electors of the town shall have the power to
841	require reconsideration by the town council of any adopted
842	ordinance and, if the town council fails to repeal an ordinance
843	so reconsidered, to approve or reject it at a town election,
844	provided that such power shall not extend to the annual budget
845	or capital program or any ordinance appropriating money, levying
846	taxes, or setting salaries of town officers or employees.
847	(2)  Commencement of proceedings.--Any 10 electors may
848	commence initiative or referendum proceedings by filing with the
849	town clerk an affidavit stating that they shall constitute the
850	petitioner's committee and be responsible for circulating the
851	petition and filing it in proper form stating their names and
852	addresses and specifying the address to which all notices to the
853	committee are to be sent, and setting out in full the proposed
854	initiative ordinance or citing the ordinance sought to be
855	reconsidered. Promptly after the affidavit of the petitioner's
856	committee is filed, the town clerk may, at the committee's
857	request, issue the appropriate petition blanks to the
858	petitioner's committee at the committee's expense.
859	(3)  Petitions.--
860	(a)  Initiative and referendum petitions must be signed by
861	electors of the town equal in number to at least 10 percent of
862	the total number of electors registered to vote in the last
863	regular town election.
864	(b)  All papers of a petition shall be assembled as one
865	instrument of filing. Each signature shall be executed in ink
866	and shall be followed by the printed name and address of the
867	person signing. Petitions shall contain or have attached thereto
868	throughout their circulation the full text of the ordinance
869	proposed or sought to be reconsidered.
870	(c)  Each paper of a petition shall have attached to it
871	when filed an affidavit executed by the circulator thereof
872	stating that he or she personally circulated the paper, the
873	number of signatures thereon, that all signatures were affixed
874	in his or her presence, that he or she believes them to be the
875	genuine signatures of the persons whose names they purport to
876	be, and that each signer had an opportunity before signing to
877	read the full text of the ordinance proposed or sought to be
878	reconsidered.
879	(d)  Except as otherwise provided herein, all initiative
880	and referendum petitions must be filed within 60 days of the
881	date on which proceedings with respect to such initiative or
882	referendum are commenced, and all requirements of the process,
883	including, but not limited to, the submission of the signatures
884	required, must be completed no later than 90 days following the
885	date of filing said initiative or referendum petition.
886	(4)  Procedure for filing.--
887	(a)  Generally.--Within 20 days after an initiative
888	petition or a referendum petition is filed, the town clerk shall
889	complete a certificate as to its sufficiency, specifying, if it
890	is insufficient, the particulars wherein it is defective and
891	shall promptly send a copy of the certificate to the
892	petitioner's committee by registered mail. Grounds for
893	insufficiency are only those specified herein that are not met.
894	A petition certified insufficient for lack of the required
895	number of valid signatures may be amended once if the
896	petitioner's committee files a notice of intent to amend it with
897	the designated official within 2 business days after receiving
898	the copy of the certificate and files a supplementary petition
899	upon additional papers within 10 days after receiving the copy
900	of such certificate. Such supplementary petition shall comply
901	with original petition requirements, and within 5 days after it
902	is filed, the town clerk shall complete a certificate as to the
903	sufficiency of the petition as amended and promptly send a copy
904	of such certificate to the petitioner's committee by registered
905	mail. If a petition or an amended petition is certified
906	sufficient, or if a petition or amended petition is certified
907	insufficient and the petitioner's committee does not elect to
908	amend or request the town council review within the time
909	required, the town clerk shall promptly present a certificate to
910	the town council and such certificate shall then be a final
911	determination as to the sufficiency of the petition.
912	(b)  The town council review.--If a petition has been
913	certified insufficient and the petitioner's committee does not
914	file notice of intent to amend it or if an amended petition has
915	been certified insufficient, the committee may, within 2
916	business days after receiving the copy of such certificate, file
917	a request that it be reviewed by the town council. The town
918	council shall review the certificate at its next meeting
919	following the town council's filing of such request and approve
920	or disapprove it, and determination shall then be final as to
921	the sufficiency of the petition.
922	(5)  Action on petitions.--
923	(a)  Action by the town council.--When an initiative or
924	referendum petition has been determined sufficient, the town
925	council shall promptly consider the proposed initiative
926	ordinance or reconsider the referendum ordinance by voting its
927	repeal. If the town council fails to adopt a proposed initiative
928	ordinance without any change in substance within 45 days or
929	fails to repeal the referendum ordinance within 30 days after
930	the date on which the petition is determined to be sufficient,
931	it shall submit the proposed initiative or referendum ordinance
932	to the electors of the town. If the town council fails to act on
933	a proposed initiative ordinance or a referendum ordinance within
934	the time period specified, the town council shall be deemed to
935	have failed to adopt the proposed initiative ordinance or failed
936	to repeal the referendum ordinance on the last day that the town
937	council was authorized to act on such matter.
938	(b)  Submission to electors.--The vote of the town on a
939	proposed initiative or referendum ordinance shall be held not
940	less than 30 or more than 60 days from the date the town council
941	acted or was deemed to have acted pursuant to this charter that
942	the petition was determined sufficient. If no regular election
943	is to be held within the period described in this paragraph, the
944	town council shall provide for a special election, except that
945	the town council may, in its discretion, provide for a special
946	election at an earlier date within the described period. Copies
947	of the proposed initiative or referendum ordinance shall be made
948	available at the polls.
949	(c)  Withdrawal of petitions.--An initiative or referendum
950	petition may be withdrawn at any time prior to the 15th day
951	preceding the day scheduled for a vote of the town by filing
952	with the town clerk a request for withdrawal signed by at least
953	eight members of the petitioner's committee. Upon the filing of
954	such request, the petition shall have no further force or effect
955	and all proceedings thereon shall be terminated.
956	(6)  Results of election.--
957	(a)  Initiative.--If a majority of the qualified electors
958	voting on a proposed initiative ordinance vote in its favor, it
959	shall be considered adopted upon certification of the election
960	results. If conflicting ordinances are approved at the same
961	election, the one receiving the greatest number of affirmative
962	votes shall prevail to the extent of such conflict.
963	(b)  Repeal.--If a majority of the qualified electors
964	voting on a referendum ordinance vote against it, it shall be
965	considered repealed upon certification of the election results
966	Section 9.  General provisions.--
967	(1)  Severability.--If any section or part of any section
968	of this charter shall be held invalid by a court of competent
969	jurisdiction, such holding shall not affect the remainder of
970	this charter or the context in which such section or part of a
971	section so held invalid may appear, except to the extent that an
972	entire section or part of a section may be inseparably connected
973	in meaning and effect with the section or part of a section to
974	which such holding shall directly apply.
975	(2)  Town personnel system.--All new employments,
976	appointments, and promotions of town officers and employees
977	shall be made pursuant to personnel procedures to be established
978	by the town manager from time to time.
979	(3)  Charitable contributions.--The town shall not make any
980	charitable contribution to any person or entity unless
981	authorized by the council.
982	(4)  Variation of pronouns.--All pronouns and any
983	variations thereof used in this charter shall be deemed to refer
984	to masculine, feminine, neutral, singular, or plural as the
985	identity of the  person or persons shall require and are not
986	intended to describe, interpret, define, or limit the scope,
987	extent, or intent of this charter.
988	(5)  Calendar day.--For the purpose of this charter, a day
989	shall mean a calendar day.
990	(6)  Charter review committee.--
991	(a)  At its first regular meeting in March, 2011, and every
992	10th year thereafter, the town council may appoint a charter
993	review committee consisting of fifteen individuals, who are not
994	members of the town council, to serve in an advisory capacity to
995	the city council.
996	(b)  Each council member shall recommend and nominate three
997	individuals to serve on the committee as regular members, which
998	appointments shall be approved by a majority vote of the city
999	council. Individuals appointed to the charter review committee
1000	shall be citizens of the Town of Loxahatchee Groves.
1001	(c)  The charter review committee shall appoint its own
1002	chair and vice chair and adopt its own rules and procedures.
1003	(d)  The town clerk and the town attorney shall advise the
1004	town council in advance of the date when such appointments may
1005	be made.
1006	(e)  If appointed, the charter review committee shall
1007	commence its proceedings within 30 days after the committee is
1008	appointed by the town council. The committee shall review the
1009	charter and provide input to the town council to modernize and
1010	improve the charter. The public shall be given an opportunity to
1011	speak and participate at charter review committee meetings in
1012	accordance with the rules of the charter review committee.
1013	(f)  All recommendations by the charter review committee
1014	shall be forwarded to the town council in ordinance form for
1015	consideration not later than the 1st day of March of the year
1016	following the appointment of the charter review committee, and
1017	in sufficient time for any recommendations to be considered by
1018	the town council as provided herein.
1019	(g)  The town council shall consider the recommendations of
1020	the Charter review committee at the regular meeting in November
1021	and the regular meeting in December of the year following
1022	appointment of the charter review committee.
1023	(7)  Charter amendments.--This charter may be amended in
1024	accordance with the provisions for charter amendments as
1025	specified in Florida Statutes or its successor, or as may
1026	otherwise be provided by general law. The form, content, and
1027	certification of any petition to amend shall be established by
1028	ordinance.
1029	(8)  Initiation by petition.--The electors of the town may
1030	propose amendments to this charter by petition to be submitted
1031	to the council to be placed before the electors, as provided by
1032	general law.
1033	(9)  Standards of conduct.--All elected officials and
1034	employees of the town shall be subject to the standards of
1035	conduct for public officers and employees set by general law. In
1036	addition, the town council shall, no later than 6 months from
1037	the effective date of incorporation, establish by ordinance a
1038	code of ethics for officials and employees of the town which may
1039	be supplemental to general law, but in no case may such an
1040	ordinance diminish the provisions of general law. The intent of
1041	this provision of the charter is to require more stringent
1042	standards than those provided under general law.
1043	(10)  Land use, referendum required.--Pursuant to section
1044	163.3167(12), Florida Statutes, changes to the town's future
1045	land use map that increase allowable densities or intensities
1046	for more than 5 parcels of land shall require approval by a vote
1047	of the town electors in a referendum election called and held as
1048	provided by law. The procedures for the placement of such
1049	questions before the voters shall be adopted by ordinance by the
1050	town council.
1051	(11)  Rezoning; referendum required.--Pursuant to section
1052	163.3167(12), Florida Statutes, ordinances amending the town's
1053	applicable zoning designations that provide for an increase in
1054	the allowable densities or intensities on more than 5 parcels of
1055	land shall require approval by vote of the town electors in a
1056	referendum election called and held as provided by law.  The
1057	procedures for the placement of such questions before the voters
1058	shall be adopted by ordinance by the town council.
1059	(12)  For purposes of the town's charter, a parcel is
1060	defined as the smallest buildable lot as provided by the town's
1061	code of ordinances and applicable land development regulations.
1062	Section 10.  Transition schedule.--
1063	(1)  Referendum.--The referendum election called for by
1064	this act shall be held on November 8, 2005, at which time the
1065	following question shall be placed upon the ballot:
1066	"Shall the creation of the Town of Loxahatchee Groves and its
1067	charter be approved?"
1068
1069	Yes
1070
1071	No
1072
1073	In the event this question is answered affirmatively by a
1074	majority of voters voting in the referendum, the provisions of
1075	this charter will take effect as provided in this act.
1076	(2)  Initial election of council members.--
1077	(a)  Dates.--Following the adoption of this charter as
1078	provided herein, the Palm Beach County Commission shall call a
1079	special election for the election of the five town council
1080	members to be held on March 14, 2006. Candidates for the
1081	election shall qualify for seat 1, seat 2, seat 3, seat 4, and
1082	seat 5.  The candidate receiving the highest number of votes for
1083	that seat shall be elected. If more than one candidate for a
1084	designated council member seat receives an equal and highest
1085	number of votes, then the candidates receiving the highest votes
1086	in the general election shall run again in the runoff election
1087	which shall be held on March 28, 2006.
1088	(b)  Any individual who wishes to run for one of the five
1089	initial seats on the council shall qualify as a candidate with
1090	the Palm Beach County Supervisor of Elections in accordance with
1091	the provisions of this charter and general law.
1092	(c)  The Palm Beach County Commission shall appoint a
1093	canvassing board which shall certify the results of the
1094	election.
1095	(d)  Those candidates who are elected on March 14, 2006,
1096	and March 28, 2006, shall take office at the initial town
1097	council meeting, which shall be held at 7 p.m. on March 30,
1098	2006.
1099	(3)  Creation and establishment of town.--For the purpose
1100	of compliance with section 200.066, Florida Statutes, relating
1101	to assessment and collection of ad valorem taxes, the town is
1102	hereby created and established effective December 31, 2005,
1103	notwithstanding anything to the contrary contained herein, the
1104	town although created and established as of December 31, 2005,
1105	shall not be operational until March 30, 2006.
1106	(4)  First year expenses.--The town council, in order to
1107	provide moneys for the expenses and support of the town, shall
1108	have the power to borrow money necessary for the operation of
1109	town government until such time as a budget is adopted and
1110	revenues are raised in accordance with the provisions of this
1111	charter.
1112	(5)  Transitional ordinances and resolutions.--The town
1113	council shall adopt ordinances and resolutions required to
1114	effect the transition. Ordinances adopted within 60 days after
1115	the first council meeting may be passed as emergency ordinances.
1116	These transitional ordinances, passed as emergency ordinances,
1117	shall be effective for no longer than 90 days after adoption and
1118	thereafter may be readopted, renewed, or otherwise continued
1119	only in the manner normally prescribed for ordinances.
1120	(6)  Transitional comprehensive plan and land development
1121	regulations.--
1122	(a)  Until such time as the town adopts a comprehensive
1123	plan, Palm Beach County Future Land Use Map, the Palm Beach
1124	County Zoning Map, and all other applicable provisions
1125	applicable to the Town of Loxahatchee Groves, of the
1126	Comprehensive Plan and Land Development Regulations of Palm
1127	Beach County, as the same exists on the day the town commences
1128	corporate existence, shall remain in effect as the town's
1129	transitional comprehensive plan and land development
1130	regulations. However, all planning functions, duties, and
1131	authority shall thereafter be vested in the Town Council of
1132	Loxahatchee Groves which shall also be deemed the local planning
1133	agency until the council establishes a separate local planning
1134	agency.
1135	(b)  Upon this act becoming a law, no changes in the future
1136	land use map or the zoning districts within the boundaries of
1137	the town shall be considered for alteration, amendment, or other
1138	modification in any way until such time as the town adopts
1139	appropriate procedures as referenced in section 9.
1140	(c)  All powers and duties of the planning commission,
1141	zoning authority, any boards of adjustment, and the County
1142	Commission of Palm Beach County, as set forth in these
1143	transitional zoning and land use regulations, shall be vested in
1144	the Town Council of Loxahatchee Groves until such time as the
1145	town council delegates all or a portion thereof to another
1146	entity.
1147	(d)  Subsequent to the passage of this act, as referenced
1148	in section 6, no amendment of the comprehensive plan or land
1149	development regulations enacted by the Palm Beach County
1150	Commission shall be deemed as an amendment of the town's
1151	transitional comprehensive plan or land development regulations
1152	or otherwise take effect within the town's corporate limits
1153	except in accordance with the requirements, and upon adoption of
1154	the procedures specified in section 9.
1155	(7)  State shared revenues.--The Town of Loxahatchee Groves
1156	shall be entitled to participate in all shared revenue programs
1157	of the state effective immediately on the date of incorporation.
1158	The provisions of section 218.23(1), Florida Statutes, shall be
1159	waived for the purpose of eligibility to receive revenue sharing
1160	funds from the date of incorporation through the state fiscal
1161	year 2006-2007. Initial population estimates for calculating
1162	eligibility for shared revenues shall be determined by the
1163	University of Florida Bureau of Economic and Business Research.
1164	Should the bureau be unable to provide an appropriate population
1165	estimate, the Palm Beach County Planning Division estimate
1166	should be utilized.
1167	(8)  Gas tax revenues.--The Town of Loxahatchee Groves
1168	shall be entitled to receive local option gas tax revenues
1169	beginning October 1, 2006. This specifically includes the
1170	relevant statutorily referenced interlocal agreements.
1171	Section 11.  Continuation, merger, and dissolution of
1172	existing districts and service providers.--
1173	(1)  Palm Beach County Fire Rescue Municipal Service Taxing
1174	Unit; continuation.--Notwithstanding the incorporation of the
1175	Town of Loxahatchee Groves, that portion of the Palm Beach
1176	County Fire Rescue Municipal Service Taxing Unit, a special
1177	taxing district created by the Palm Beach County Commission that
1178	lies within the boundaries of the Town of Loxahatchee Groves, is
1179	authorized to continue in existence until the town adopts an
1180	ordinance to the contrary. However, the town shall not establish
1181	a town fire department without a referendum.
1182	(2)  Law enforcement.--Law enforcement services will be
1183	provided by contract with  the Palm Beach County Sheriff's
1184	Office, or contracted with other law enforcement agencies, until
1185	the town adopts an ordinance to the contrary; provided that the
1186	town shall not establish a town police department without a
1187	referendum.
1188	(3)  Palm Beach County Library District;
1189	continuation.--Notwithstanding the incorporation of the Town of
1190	Loxahatchee Groves, that portion of the Palm Beach County
1191	Library District, a dependent district of Palm Beach County
1192	created by chapter 2000-405, Laws of Florida, that lies within
1193	the boundaries of the Town of Loxahatchee Groves, is authorized
1194	but not required to continue in existence; provided that in
1195	order to be excluded from the library district, the Town of
1196	Loxahatchee Groves shall establish a municipal tax-funded
1197	library.
1198	(4)  Palm Beach County Municipal Service Taxing Unit
1199	B.--That portion of Palm Beach County Municipal Service Taxing
1200	Unit B, a dependent district of Palm Beach County created by the
1201	Palm Beach Commission that lies within the boundaries of the
1202	Town of Loxahatchee Groves, shall cease to exist within the
1203	municipal boundaries of the Town of Loxahatchee Groves on
1204	September 30, 2006.
1205	(5)  Palm Beach County Municipal Service Taxing Unit
1206	F.--That portion of Palm Beach County Municipal Service Taxing
1207	Unit F, a dependent district of Palm Beach County created by the
1208	Palm Beach County Commission that lies within the boundaries of
1209	the Town of Loxahatchee Groves, shall cease to exist within the
1210	municipal boundaries of the Town of Loxahatchee Groves on
1211	September 30, 2006.
1212	(6)  Loxahatchee Groves Water Control District;
1213	continuation.--Notwithstanding the incorporation of the Town of
1214	Loxahatchee Groves, the Loxahatchee Groves Water Control
1215	District, an independent special district created pursuant to
1216	the laws of the state, is authorized to continue in existence.
1217	(7)  Loxahatchee Groves Park;
1218	continuation.--Notwithstanding the incorporation of the Town of
1219	Loxahatchee Groves, the Loxahatchee Groves Park will continue to
1220	be operated by the Palm Beach County Department of Parks and
1221	Recreation, in accordance with existing Palm Beach County
1222	standards.  All planned improvements to the park shall be
1223	subject to approval of the Town of Loxahatchee Groves, and are
1224	the responsibility of Palm Beach County.  Nothing contained
1225	herein shall prevent Palm Beach County and the Town of
1226	Loxahatchee Groves from entering into an interlocal agreement
1227	related to maintenance, planned improvements, sale, or transfer
1228	of the park.
1229	Section 12.  Funding for comprehensive planning.--The
1230	Legislature shall appropriate $100,000 for the purposes of
1231	development and adoption of the Comprehensive Plan for the Town
1232	of Loxahatchee Groves in accordance with chapter 163, Florida
1233	Statutes.
1234	Section 13.  Repeal of previous legislation.--Effective
1235	upon the approval of a majority of electors of the referendum
1236	enacting this legislation, section 6 of section 2 of chapter 99-
1237	425, Laws of Florida, is repealed.
1238	Section 14.  Request for waivers.--The thresholds
1239	established by section 165.061, Florida Statutes, for
1240	incorporation have been met with the following exceptions:
1241	(1)  A waiver is granted to provisions of section
1242	165.061(1)(b), Florida Statutes, relating to minimum population
1243	requirements of 5,000, due to the rural character of the Town of
1244	Loxahatchee Groves.
1245	(2)  A waiver is granted to provisions of section
1246	165.061(1)(c), Florida Statutes, relating to the minimum density
1247	of population of 1.5 persons per acre, to protect the historic,
1248	rural and agricultural character of the Town of Loxahatchee
1249	Groves from surrounding development pressure.
1250	(3)  A waiver is granted to provisions of section
1251	165.061(1)(d), Florida Statutes, relating to the minimum
1252	distance of 2 miles from the Town of Loxahatchee Groves to an
1253	existing municipality, due to the marked difference in character
1254	between the Town of Loxahatchee Groves, a historic and rural
1255	community, and surrounding communities with significantly
1256	greater density and urban characteristics.
1257	Section 15.  This act shall only take effect upon approval
1258	by a majority of those qualified electors residing within the
1259	proposed corporate limits of the proposed Town of Loxahatchee
1260	Groves as described in section 1, voting in a referendum
1261	election to be called by the Board of County Commissioners of
1262	Palm Beach County and to be held on November 8, 2005, in
1263	accordance with the provisions relating to elections currently
1264	in force, except that:
1265	(1)  Section 10(1) and (6)(b) and this section shall take
1266	effect upon this act becoming a law.
1267	(2)  If a majority of the qualified voters voting do not
1268	approve this act, then this act shall not take effect.
1269	(3)  If approved by a majority of the qualified voters
1270	voting, then this act and charter shall take effect immediately
1271	upon certification of the election results by the Palm Beach
1272	County Supervisor of Elections.

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