Florida 2023 Regular Session

Florida House Bill H1113 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
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2	2
3	3	HB 1113 2023
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5	5
6	6
7	7	CODING: Words stricken are deletions; words underlined are additions.
8	8	hb1113-00
9	9	Page 1 of 39
10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
11	11
12	12	A bill to be entitled 1
13	13	An act relating to Palm Beach County; creating the 2
14	14	Village of Loxahatchee; providing a charter; providing 3
15	15	legislative intent; providing boundaries; providing 4
16	16	municipal powers; providing for a council -manager form 5
17	17	of government and composition and election of the 6
18	18	council; providing for eligibility, terms, duties, 7
19	19	compensation, and reimbursement of expenses of 8
20	20	council members; providing for a mayor and vice mayor; 9
21	21	providing scheduling requirements of council meetings; 10
22	22	prohibiting interference with village em ployees; 11
23	23	providing for filling of vacancies and forfeiture of 12
24	24	office; providing for the appointment of a village 13
25	25	manager and village attorney and the qualifications, 14
26	26	removal, powers, and duties thereof; providing for the 15
27	27	establishment of village departmen ts, agencies, 16
28	28	personnel, and boards; providing for an annual 17
29	29	independent audit; providing that the state is not 18
30	30	liable for financial shortfalls of the village; 19
31	31	providing for nonpartisan elections and matters 20
32	32	relating thereto; providing for the recall of c ouncil 21
33	33	members; providing for initiative and referenda; 22
34	34	providing for a code of ethics; providing for future 23
35	35	amendments to the charter; providing for severability; 24
36	36	providing a village transition schedule and procedures 25
37	37
38	38	HB 1113 2023
39	39
40	40
41	41
42	42	CODING: Words stricken are deletions; words underlined are additions.
43	43	hb1113-00
44	44	Page 2 of 39
45	45	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
46	46
47	47	for the first election; providing for first-year 26
48	48	expenses; providing for adoption of comprehensive 27
49	49	plans and land development regulations; providing for 28
50	50	accelerated entitlement to state -shared revenues; 29
51	51	providing for entitlement to all local revenue sources 30
52	52	allowed by general law; providing f or the sharing of 31
53	53	communications services tax revenues; providing for 32
54	54	receipt and distribution of local option gas tax 33
55	55	revenues; providing for continuation of the Palm Beach 34
56	56	County Fire Rescue Municipal Service Taxing Unit; 35
57	57	providing for continuation of th e Palm Beach County 36
58	58	Library Taxing District; providing for law 37
59	59	enforcement; providing for the continuation of the 38
60	60	Indian Trail Improvement District and for the transfer 39
61	61	of certain District assets and liabilities; providing 40
62	62	for waiver of specified eligibil ity provisions; 41
63	63	requiring a referendum; providing an effective date. 42
64	64	43
65	65	Be It Enacted by the Legislature of the State of Florida: 44
66	66	45
67	67	Section 1. Corporate name; purpose of the charter; 46
68	68	creation and establishment of the Village of Loxahatchee. 47
69	69	(1) CORPORATE NAME.—The municipality hereby established 48
70	70	shall be known as the Village of Loxahatchee ("Village"). 49
71	71
72	72	HB 1113 2023
73	73
74	74
75	75
76	76	CODING: Words stricken are deletions; words underlined are additions.
77	77	hb1113-00
78	78	Page 3 of 39
79	79	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
80	80
81	81	(2) PURPOSE OF THE CHARTER. —This act, together with any 50
82	82	future amendments thereto, shall be known as the charter of the 51
83	83	Village of Loxahatchee ("cha rter"). 52
84	84	(a) The Loxahatchee area in Palm Beach County includes a 53
85	85	compact and contiguous rural community with a population of 54
86	86	approximately 43,000 people who are experiencing certain impacts 55
87	87	and threats to the agricultural character and lifestyle as well 56
88	88	as plant and tree nurseries face impacts and threats to their 57
89	89	agricultural business in the Loxahatchee community from 58
90	90	urbanization in the surrounding area. 59
91	91	(b) It is in the best interests of the public health, 60
92	92	safety, and welfare of the residents of the "Loxahatchee Area" 61
93	93	to form a separate municipality for the "Loxahatchee Area" with 62
94	94	all the powers and authority necessary to provide adequate and 63
95	95	efficient municipal services to its residents. 64
96	96	(c) It is intended that this charter and the incorporation 65
97	97	of the "Loxahatchee area" shall serve to preserve and protect 66
98	98	the equestrian and agricultural character, natural resources and 67
99	99	rural quality of life of the community. In furtherance of this 68
100	100	intent, the rights of the Village residents, on properties zoned 69
101	101	agricultural or agricultural residential, as defined by the Palm 70
102	102	Beach County Comprehensive Plan on the date of incorporation, to 71
103	103	utilize said lands for agricultural uses and shall not be 72
104	104	infringed upon by the Village, except for the following shall 73
105	105	not be construed as an infringement of said rights: 74
106	106
107	107	HB 1113 2023
108	108
109	109
110	110
111	111	CODING: Words stricken are deletions; words underlined are additions.
112	112	hb1113-00
113	113	Page 4 of 39
114	114	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
115	115
116	116	1. Laws of the United States; 75
117	117	2. Laws of the State; or 76
118	118	3. Best Management Practices adopted by the State 77
119	119	Department of Agriculture; or 78
120	120	4. Agricultural Best Management Practices or any public 79
121	121	health, safety, and welfare regulations as may be adopted by 80
122	122	ordinance by the council. 81
123	123	(d) It is intended that this charter and the incorporation 82
124	124	of the Village is to secure the benefits of self -determination 83
125	125	and affirm the values of representative democracy, citizen 84
126	126	participation, strong community leadership, professional 85
127	127	management, and regional cooperation. 86
128	128	(e) It is the intent of this charter and the incorporation 87
129	129	of the Village to maintain a financially secure and sustainable 88
130	130	municipal government and to responsib ly manage the Village's 89
131	131	debt obligations without causing the state to incur any 90
132	132	liability. 91
133	133	(3) CREATION AND ESTABLISHMENT OF THE VILLAGE OF 92
134	134	LOXAHATCHEE. 93
135	135	(a) This act shall take effect upon approval by a majority 94
136	136	vote of those qualified electors residing within the corporate 95
137	137	limits of the proposed Village, as described in section 4, 96
138	138	voting in a special election referendum conducted by the 97
139	139	Supervisor of Elections of Palm Beach County to be held November 98
140	140
141	141	HB 1113 2023
142	142
143	143
144	144
145	145	CODING: Words stricken are deletions; words underlined are additions.
146	146	hb1113-00
147	147	Page 5 of 39
148	148	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
149	149
150	150	7, 2023, in accordance with the provisions of law relating to 99
151	151	elections currently in force. 100
152	152	(b) The Village of Loxahatchee is created and established 101
153	153	effective December 31, 2023, for the purpose of complian ce with 102
154	154	s. 200.066, Florida Statutes, relating to assessment and 103
155	155	collection of ad valorem taxes. 104
156	156	Section 2. Powers of village; form of government. —- 105
157	157	(1) POWERS OF THE VILLAGE. —The Village shall have all 106
158	158	available governmental, corporate, and propriet ary powers of a 107
159	159	municipality under the State Constitution and laws of this state 108
160	160	as fully and completely as though such powers were specifically 109
161	161	enumerated in this charter, and may exercise them, except where 110
162	162	prohibited by law. Through the adoption of this charter, it is 111
163	163	the intent of the electors of the Village that the municipal 112
164	164	government established in this section shall have the broadest 113
165	165	exercise of home rule powers permitted under the State 114
166	166	Constitution and Laws of the State. This charter and the powe rs 115
167	167	of the Village shall be construed liberally in favor of the 116
168	168	Village. 117
169	169	(2) CONSTRUCTION.—The powers of the Village under this 118
170	170	charter shall be construed liberally in favor of the Village, 119
171	171	and the specific mention of particular powers in the charter 120
172	172	shall not be construed as limiting the general powers granted in 121
173	173	this charter in any way. 122
174	174
175	175	HB 1113 2023
176	176
177	177
178	178
179	179	CODING: Words stricken are deletions; words underlined are additions.
180	180	hb1113-00
181	181	Page 6 of 39
182	182	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
183	183
184	184	(3) FORM OF GOVERNMENT. —The Village shall be a council -123
185	185	manager form of government, with the council to consist of five 124
186	186	Village council ("council") members elected by th e Village at-125
187	187	large. The council shall constitute the governing body of the 126
188	188	Village, with the duties and responsibilities hereinafter 127
189	189	provided. The council shall appoint a Village manager to be the 128
190	190	chief administrative officer of the Village who shall serve at 129
191	191	the pleasure of the council. 130
192	192	Section 3. Nominations and elections. — 131
193	193	(1) NONPARTISAN ELECTIONS: ELECTORS: QUALIFYING. — 132
194	194	(a) Nonpartisan elections. —All elections shall be 133
195	195	conducted on a nonpartisan basis without designation of 134
196	196	political party affi liation. 135
197	197	(b) Electors.—Any person who is a resident of the Village, 136
198	198	who has qualified as an elector of this state, and who registers 137
199	199	as prescribed by law shall be an elector of the Village. 138
200	200	(c) Qualifying.— 139
201	201	1. Each candidate for Village council shall be a qualified 140
202	202	elector of the Village and must reside in the Village for at 141
203	203	least 1 year before the beginning of the qualifying period for 142
204	204	the office sought. 143
205	205	2. Any elector of the Village who wishes to become a 144
206	206	candidate for Village council shall qualify with the Supervisor 145
207	207	of Elections of Palm Beach County for the initial elections; 146
208	208	thereafter, candidates shall qualify with the official 147
209	209
210	210	HB 1113 2023
211	211
212	212
213	213
214	214	CODING: Words stricken are deletions; words underlined are additions.
215	215	hb1113-00
216	216	Page 7 of 39
217	217	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
218	218
219	219	designated by Village resolution or general law by providing 148
220	220	proof of voter registration, current address, and 1 year of 149
221	221	residency in the Village, unless the Village council, by 150
222	222	resolution, provides that the Supervisor of Elections of Palm 151
223	223	Beach County conduct the candidate qualification process. 152
224	224	3. The qualifying period for candidates for Village council 153
225	225	shall be the same as provided by the Supervisor of Elections of 154
226	226	Palm Beach County or as otherwise provided by ordinance. 155
227	227	(2) ELECTIONS.-– 156
228	228	(a) Adoption of Florida Election Code. —All elections 157
229	229	required under any article or section of this charter shall be 158
230	230	conducted in accordance with the Florida Election Code, chapters 159
231	231	97-106, Florida Statutes, except as otherwise provided in this 160
232	232	charter. The council, by ordinance, may adopt such election 161
233	233	procedures as are necessary and as provided by the Florida 162
234	234	Election Code, chapters 97-106, Florida Statutes. 163
235	235	(b) At large elections. — 164
236	236	1. The first election of council members shall be held 165
237	237	March 12, 2024, and thereafter will be held every odd -numbered 166
238	238	year, unless this date is required to be changed to a date 167
239	239	concurrent with any count ywide or statewide election . 168
240	240	2. The candidates receiving the highest number of votes in 169
241	241	the Village at-large election shall be elected. 170
242	242	3. The term of office for an elected council member shall 171
243	243	begin immediately after official certification of the results of 172
244	244
245	245	HB 1113 2023
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247	247
248	248
249	249	CODING: Words stricken are deletions; words underlined are additions.
250	250	hb1113-00
251	251	Page 8 of 39
252	252	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
253	253
254	254	the election and shall expire upon the assumption of office by 173
255	255	his or her successor. 174
256	256	4. No election for a council member seat shall be required 175
257	257	if there is only one duly qualified candidate for the council 176
258	258	member seat. 177
259	259	(c) Village canvassing board. —The canvassing board shall 178
260	260	be composed of three members appointed by the Village council 179
261	261	by resolution. No member of the Village canvass ing board shall 180
262	262	be an active participant in the Village election for which he or 181
263	263	she is canvassing as the term "active participant" is 182
264	264	interpreted by the Division of Elections. Should a vacancy occur 183
265	265	on the canvassing board, the Village council shall appoi nt a 184
266	266	replacement member by resolution. The Village canvassing board 185
267	267	shall canvass the election consistent with the requirements of 186
268	268	Florida law and consistent with and pursuant to any agreement 187
269	269	between the Village and the Supervisor of Elections of Palm 188
270	270	Beach County. The canvassing board shall certify the results of 189
271	271	the election upon receipt of the certification from the 190
272	272	Supervisor of Elections. However, the Village council may, by 191
273	273	resolution, delegate the election canvassing responsibilities 192
274	274	for Village elections to the county canvassing board. 193
275	275	(3) RECALL.—The qualified voters of the Village shall have 194
276	276	the power to remove from office any elected official of the 195
277	277	Village in accordance with the state law. 196
278	278
279	279	HB 1113 2023
280	280
281	281
282	282
283	283	CODING: Words stricken are deletions; words underlined are additions.
284	284	hb1113-00
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286	286	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
287	287
288	288	Section 4. Corporate boundaries. —The territorial 197
289	289	boundaries of the Village of Loxahatchee upon the date of 198
290	290	incorporation shall include the following areas situated in Palm 199
291	291	Beach County: 200
292	292	201
293	293	BEING PORTIONS OF TOWNSHIP 42 SOUTH, RANGE 40 EAST; 202
294	294	TOWNSHIP 42 SOUTH, RANGE 41 EAST; TOWNSHIP 43 SOUTH, 203
295	295	RANGE 40 EAST AND TOWNSHIP 43 SOUTH, RANGE 41 EAST, 204
296	296	PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY 205
297	297	DESCRIBED AS FOLLOWS: 206
298	298	207
299	299	TOGETHER WITH: 208
300	300	TOWNSHIP 42 SOUTH, RANGE 40 EAST 209
301	301	THE SOUTH ONE-HALF (S 1/2) OF SECTIONS 13, 14, AND 15 210
302	302	AND ALL OF SECTIONS 23, 24, 25, 26, 32, 33, 35, AND 211
303	303	36; AND THE SOUTH HALF OF SECTION 34; AND ALL THAT 212
304	304	PART OF SECTION 31 LYING NORTH AND EAST OF THE NORTH 213
305	305	EASTERLY RIGHT-OF-WAY LINE OF LEVEE L-8, A PROJECT IN 214
306	306	THE PLAN OF WATER CONTROL OF THE CENTRAL AND SOUTHERN 215
307	307	FLORIDA FLOOD CONTROL DISTRICT. 216
308	308	217
309	309	TOGETHER WITH: 218
310	310	TOWNSHIP 42 SOUTH, RANGE 41 EAST 219
311	311	ALL OF SECTIONS 31, 33, 34, AND 35. 220
312	312
313	313	HB 1113 2023
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315	315
316	316
317	317	CODING: Words stricken are deletions; words underlined are additions.
318	318	hb1113-00
319	319	Page 10 of 39
320	320	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
321	321
322	322	THE WEST 1/2 OF SECTION 17 AND ALL OF SECTIONS 18, 19, 221
323	323	20, 21, 22, 27, 28, 29, 30, AND 32. 222
324	324	PCNs: 00414216000005010, 00414216000005020, 223
325	325	00414216000005030, 00414216000005040, 224
326	326	00414216000005050, 00414216000005060, 225
327	327	00414216000005070, AND 00414216000005080 AND THAT AREA 226
328	328	OF NORTHLAKE BOULEVARD BETWEEN THESE PCNs. 227
329	329	228
330	330	TOGETHER WITH: 229
331	331	TOWNSHIP 43 SOUTH, RANGE 40 EAST 230
332	332	ALL OF SECTIONS 4, 9, 10, 11, 14, AND 15; THAT PART OF 231
333	333	SECTION 3 LYING NORTHERLY AND WESTERLY OF THE 232
334	334	SOUTHEASTERLY RIGHT-OF-WAY LINE OF THE "M" CANAL; THE 233
335	335	WEST THREE-QUARTERS (W 3/4) OF SECTIONS 13, 24, AND 234
336	336	25; AND THAT PART OF THE M" CANAL; THE WEST THREE -235
337	337	QUARTERS (W 3/4) OF SECTIONS 13, 24, AND 25; AND THAT 236
338	338	PART OF THE CANAL; THE WEST THREE -QUARTERS (W 3/4) OF 237
339	339	SECTIONS 13, 24, AND 25; AND THAT PART OF THE WEST 238
340	340	THREE-QUARTERS (W 3/4) OF SECTION 36 LYING NORTH OF 239
341	341	THE NORTHERLY RIGHT-OF-WAY LINE OF STATE ROAD 80 LESS 240
342	342	PCNs 00404326010030010, 00404326010030020, 241
343	343	00404326010030030, 00404326010030040, 242
344	344	00404326010030050, 00404326010030060, 243
345	345	00404326010030190, 00404326010030200, 244
346	346
347	347	HB 1113 2023
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349	349
350	350
351	351	CODING: Words stricken are deletions; words underlined are additions.
352	352	hb1113-00
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354	354	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
355	355
356	356	00404326010030210, 00404326010030220, 245
357	357	00404326010030230, AND 00404336000003020; 246
358	358	AND ALL THAT PART OF SECTIONS 5, 8, AND 6 LESS PCNs 247
359	359	00404305000003010 AND 00404306000001010 LYING NORTH 248
360	360	AND EAST OF THE NORTH EASTERLY RIGHT -OF-WAY LINE OF 249
361	361	LEVEE L-8, A PROJECT IN THE PLAN OF WATER CONTROL OF 250
362	362	THE CENTRAL AND SOUTHER N FLORIDA FLOOD CONTROL 251
363	363	DISTRICT. 252
364	364	253
365	365	TOGETHER WITH: 254
366	366	TOWNSHIP 43 SOUTH, RANGE 41 EAST 255
367	367	ALL OF SECTIONS 2, 3, 4, 9, 10, AND 11. 256
368	368	257
369	369	TOGETHER WITH: 258
370	370	PARCEL 1 259
371	371	A PARCEL OF LAND LYING IN THE SOUTH 587.82 FEET OF 260
372	372	SECTION 15, TOWNSHIP 42 SOUTH, RANGE 41 EAST, PALM 261
373	373	BEACH COUNTY, FLORIDA, BEING BOUNDED AS FOLLOWS: 262
374	374	BOUNDED ON THE SOUTH BY THE SOUTH LINE OF SECTION 15. 263
375	375	BOUNDED ON THE WEST BY THE RIGHT -OF-WAY FOR COCONUT 264
376	376	BOULEVARD AS RECORDED IN OFFICIAL RECORDS BOOK 5778, 265
377	377	PAGE 1279, PUBLIC RECORDS, PALM BEACH COUNTY, FL ORIDA. 266
378	378	BOUNDED ON THE NORTH BY THE RIGHT -OF-WAY FOR LAKE PARK 267
379	379	WEST ROAD AS RECORDED IN OFFICIAL RECORDS BOOK 1229, 268
380	380	PAGE 131, PUBLIC RECORDS, PALM BEACH COUNTY, FLORIDA. 269
381	381
382	382	HB 1113 2023
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384	384
385	385
386	386	CODING: Words stricken are deletions; words underlined are additions.
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388	388	Page 12 of 39
389	389	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
390	390
391	391	BOUNDED ON THE EAST BY THE RIGHT -OF-WAY FOR 120TH 270
392	392	AVENUE NORTH AS RECORDED IN OFFICIAL RECORDS BOOK 271
393	393	1229, PAGE 135, PUBLIC RECORDS, PALM BEACH COUNTY, 272
394	394	FLORIDA. CONTAINING: 35.15 ACRES, MORE OR LESS. 273
395	395	274
396	396	TOGETHER WITH: 275
397	397	PARCEL 2 276
398	398	A PARCEL OF LAND LYING IN THE SOUTH 587.82 FEET OF 277
399	399	SECTION 15, TOWNSHIP 42 SOUTH, RANGE 41 EAST, PALM 278
400	400	BEACH COUNTY, FLORIDA, BEING BOUNDED AS FOLLOWS: 279
401	401	BOUNDED ON THE SOUTH BY THE SOUTH LINE OF SAID SECTION 280
402	402	15 281
403	403	BOUNDED ON THE WEST BY THE RIGHT -OF-WAY AS RECORDED IN 282
404	404	OFFICIAL RECORDS BOOK 1229, PAGE 135, PUBLIC RECORDS, 283
405	405	PALM BEACH COUNTY, FLORIDA. 284
406	406	285
407	407	BOUNDED ON THE NORTH BY THE RIGHT -OF-WAY FOR LAKE PARK 286
408	408	WEST ROAD AS RECORDED IN OFFICIAL RECORDS BOOK 1229, 287
409	409	PAGE 131, PUBLIC RECORDS, PALM BEACH COUNTY, FLORIDA. 288
410	410	289
411	411	BOUNDED ON THE EAST BY THE RIGHT -OF-WAY FOR COCONUT 290
412	412	BOULEVARD AS RECORDED IN OFFICIAL RECORD S BOOK 5778, 291
413	413	PAGE 1279, PUBLIC RECORDS, PALM BEACH COUNTY, FLORIDA. 292
414	414	293
415	415	CONTAINING: 30.71 ACRES, MORE OR LESS. 294
416	416
417	417	HB 1113 2023
418	418
419	419
420	420
421	421	CODING: Words stricken are deletions; words underlined are additions.
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424	424	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
425	425
426	426	295
427	427	EXCEPTING THEREFROM THE ADDITIONAL RIGHT -OF-WAY AS 296
428	428	RECORDED IN OFFICIAL RECORDS BOOK 12017, PAGE 1009, 297
429	429	PUBLIC RECORDS, PALM BEACH COUNTY, FLORIDA . 298
430	430	NET ACREAGE (LESS ADDITIONAL RIGHT -OF-WAY) 29.59 299
431	431	ACRES, MORE OR LESS SUBJECT TO EASEMENTS, 300
432	432	RESTRICTIONS, RESERVATIONS AND RIGHTS -OF-WAY OF 301
433	433	RECORD. 302
434	434	303
435	435	TOGETHER WITH: 304
436	436	PARCEL 3 305
437	437	A PARCEL OF LAND LYING IN THE SOUTH 587.82 FEET OF 306
438	438	SECTION 16, TOWNSHIP 42 SOU TH, RANGE 41 EAST, PALM 307
439	439	BEACH COUNTY, FLORIDA, 308
440	440	BEING BOUNDED AS FOLLOWS: 309
441	441	BOUNDED ON THE SOUTH BY THE SOUTH LINE OF SAID SECTION 310
442	442	16 311
443	443	BOUNDED ON THE WEST BY THE RIGHT -OF-WAY FOR 140TH 312
444	444	AVENUE NORTH AS RECORDED IN OFFICIAL RECORDS BOOK 313
445	445	1229, PAGE 133, PUBLIC RECORDS, PALM BEACH COUNTY, 314
446	446	FLORIDA. 315
447	447	BOUNDED ON THE NORTH BY THE RIGHT -OF-WAY FOR LAKE PARK 316
448	448	WEST ROAD AS RECORDED IN OFFICIAL RECORDS BOOK 1229, 317
449	449	PAGE 125, PUBLIC RECORDS, PALM BEACH COUNTY, FLORIDA. 318
450	450
451	451	HB 1113 2023
452	452
453	453
454	454
455	455	CODING: Words stricken are deletions; words underlined are additions.
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458	458	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
459	459
460	460	BOUNDED ON THE EAST BY THE EAST LINE OF THE WEST ONE —319
461	461	HALF OF SAID SECTION 16. HALF OF SAID SECTION 16. 320
462	462	EXCEPTING THEREFROM THE ADDITIONAL RIGHT -OF-WAY FOR 321
463	463	NORTHLAKE BOULEVARD AS RECORDED IN OFFICIAL RECORDS 322
464	464	BOOK 20418, PAGE 771, PUBLIC RECORDS, PALM BEACH 323
465	465	COUNTY, FLORIDA. 324
466	466	CONTAINING: 34.09 ACRES, MORE OR LESS. 325
467	467	SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS AND 326
468	468	RIGHTS-OF-WAY OF RECORD. 327
469	469	328
470	470	TOGETHER WITH: 329
471	471	PARCEL 4 330
472	472	A PARCEL OF LAND LYING IN THE SOUTH 587.82 FEET OF 331
473	473	SECTION 17, TOWNSHIP 42 SOUTH, RANGE 41 EAST, PALM 332
474	474	BEACH COUNTY, FLORIDA, 333
475	475	334
476	476	BEING BOUNDED AS FOLLOWS: 335
477	477	336
478	478	BOUNDED ON THE SOUTH BY THE SOUTH LINE OF SECTION 17. 337
479	479	338
480	480	BOUNDED ON THE WEST BY THE WEST LINE OF THE EAST ONE -339
481	481	HALF OF SECTION 17. 340
482	482	341
483	483
484	484	HB 1113 2023
485	485
486	486
487	487
488	488	CODING: Words stricken are deletions; words underlined are additions.
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491	491	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
492	492
493	493	BOUNDED ON THE NORTH BY THE RIGHT -OF-WAY FOR LAKE PARK 342
494	494	WEST ROAD AS RECORDED IN OFFICIAL RECORDS BOOK 1229, 343
495	495	PAGE 125, PUBLIC RECORDS, PALM BEACH COUNTY, FLORIDA. 344
496	496	345
497	497	BOUNDED ON THE EAST BY THE RIGHT -OF-WAY FOR 140TH 346
498	498	AVENUE NORTH AS RECORDED IN OFFICIAL RECORDS BOOK 347
499	499	1229, PAGE 133, PUBLIC RECORDS, PALM BEACH COUNTY, 348
500	500	FLORIDA. 349
501	501	350
502	502	CONTAINING: 35.73 ACRES, MORE OR LESS. 351
503	503	352
504	504	All lying in Palm Beach County, Florida, being 353
505	505	approximately 27,000 acres. 354
506	506	355
507	507	Section 5. Village council.— 356
508	508	(1) GENERAL POWERS AND DUTIES. —All powers of the Village 357
509	509	shall be vested in the council, except as otherwise provided by 358
510	510	law or this charter, and the council shall provide for the 359
511	511	exercise thereof and for the performance of all duties and 360
512	512	obligations permitted by or imposed on the Village by law. 361
513	513	(2) COMPOSITION; ELIGIBILITY; TERMS. — 362
514	514	(a) Composition.—There shall be a Village council composed 363
515	515	of four council members and a Mayor. Each council member and 364
516	516	Mayor shall be elected by the voters of the Village at large. 365
517	517
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525	525	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
526	526
527	527	(b) Eligibility.—In addition to the requirements provided 366
528	528	in section 3 for qualifyi ng: 367
529	529	1. Each council member must reside in the Village for the 368
530	530	duration of his or her term. 369
531	531	2. The term of office for each council member shall be 4 370
532	532	years. 371
533	533	3. No council member shall serve more than two consecutive 372
534	534	4-year terms as council members. For t he purposes of calculating 373
535	535	term limits, partial terms shall not be counted toward term 374
536	536	limits. 375
537	537	4. No Mayor shall serve more than two consecutive 4 -year 376
538	538	terms as Mayor. For the purposes of calculating term limits, 377
539	539	partial terms shall not be counted toward term limits. 378
540	540	(c) Seats.—The Village council shall be divided into five 379
541	541	separate council seats to be designated as seats 1, 2, 3, 4 and 380
542	542	Mayor, to be voted on a Villagewide basis, with each qualified 381
543	543	elector entitled to vote for one candidate for each seat . Each 382
544	544	candidate shall qualify on a Villagewide basis and may reside 383
545	545	anywhere within the Village. Following the initial election the 384
546	546	council may, by ordinance, provide that Seats 1, 2, 3, and 4 385
547	547	shall represent four separate district areas of the Village, a s 386
548	548	designated on a map of the Village, which map shall be included 387
549	549	in and made a part of said ordinance, with each candidate 388
550	550	residing in his or her respective area and must reside during 389
551	551	his or her term of office. 390
552	552
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555	555
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560	560	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
561	561
562	562	(3) MAYOR; VICE MAYOR. — 391
563	563	(a) Mayor.-–The Mayor shall be a voting member of the 392
564	564	council and shall serve as chairperson during the meetings of 393
565	565	the council and shall serve as the head of municipal government 394
566	566	for the purpose of execution of legal documents as required by 395
567	567	ordinance. The Mayor shall a lso serve as the ceremonial head of 396
568	568	the Village. 397
569	569	(b) Vice Mayor.—At the first regularly scheduled meeting 398
570	570	after the Village's first election and each regular election 399
571	571	thereafter and after receiving the certified results of the 400
572	572	election, the council, by a majority vote, shall select from its 401
573	573	membership a Vice Mayor. Each year in which a regular election 402
574	574	is not scheduled, the council, by the second regular meeting 403
575	575	after the March meeting, shall by majority vote select from its 404
576	576	membership a Vice Mayor. The V ice Mayor shall serve as Mayor 405
577	577	during the absence or disability of the Mayor and, if a vacancy 406
578	578	of the Mayor occurs, shall become interim Mayor until a Mayor is 407
579	579	elected as described in subsections (2) and (3). 408
580	580	(4) COMPENSATION.—The initial compensation fo r the council 409
581	581	members shall be $18,000 per year, payable in equal monthly 410
582	582	payments and the Mayor shall be $20,000 per year, payable in 411
583	583	equal monthly payments; less applicable taxes; plus an annual 412
584	584	cost of living increase of one percent. An ordinance increa sing 413
585	585	or decreasing compensation of the council may be adopted at any 414
586	586	time upon the affirmative vote of four members of the council; 415
587	587
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595	595	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
596	596
597	597	however, if the council takes action to change the level of 416
598	598	compensation, the salary of council members shall not be 417
599	599	adjusted until after the first day after the next regular 418
600	600	municipal election. In accordance with Florida laws, the council 419
601	601	may provide for reimbursement of actual expenses incurred by its 420
602	602	members, including the Mayor, while performing their official 421
603	603	duties. 422
604	604	(5) COUNCIL MEETINGS.— 423
605	605	(a) The council shall hold a minimum of 12 regular 424
606	606	meetings per year in accordance with a duly adopted ordinance or 425
607	607	resolution. Special meetings may be held at the call of the 426
608	608	Mayor or a majority of the council members. At least a 24 -hour 427
609	609	notice shall be provided to each council member and the public 428
610	610	for special meetings, unless there is an immediate threat to the 429
611	611	public safety. Except as authorized by law, all meetings shall 430
612	612	be open to the public. 431
613	613	(b) Three members of the Village c ouncil shall constitute 432
614	614	a quorum for the conduct of business unless otherwise provided 433
615	615	herein. Unless a quorum is present, no action may be taken 434
616	616	except to adjourn. In order to approve any action or adopt any 435
617	617	ordinance or resolution there must be at least three affirmative 436
618	618	votes for the action, unless otherwise provided herein. 437
619	619	(c) All council members present shall vote on all matters 438
620	620	before the council except on those matters for which a council 439
621	621
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629	629	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
630	630
631	631	member announces a conflict of interest or the Village atto rney 440
632	632	determines that there is a conflict of interest. 441
633	633	(6) PROHIBITIONS.— 442
634	634	(a) Neither the council, nor any individual member of the 443
635	635	council, shall in any manner attempt to dictate the employment 444
636	636	or removal of any employee other than the Village manager and 445
637	637	Village attorney. The council is free to make inquiries of 446
638	638	Village employees, but no individual member of the council shall 447
639	639	give orders to any officer or employee of the Village. 448
640	640	Recommendations for improvements in Village government 449
641	641	operations shall come through the Village manager, but each 450
642	642	member of the council shall be free to discuss or recommend 451
643	643	improvements to the Village manager, and the council is free to 452
644	644	direct the Village manager to implement specific recommendations 453
645	645	for improvement in the Vi llage government operations. 454
646	646	(b) No present or former elected Village official shall 455
647	647	hold any compensated appointive office or employment with the 456
648	648	Village until 1 year after leaving office. 457
649	649	(7) VACANCIES; FORFEITURE OF OFFICE; FILLING OF 458
650	650	VACANCIES.— 459
651	651	(a) Vacancies.—A vacancy in the office of a member of the 460
652	652	council shall occur upon the incumbent's death, inability to 461
653	653	fulfill the duties of the office, relocation of residence 462
654	654	outside the Village, resignation, appointment to another public 463
655	655
656	656	HB 1113 2023
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658	658
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663	663	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
664	664
665	665	office, judicially determined incompetence, or removal or 464
666	666	forfeiture of office as described in this subsection. 465
667	667	(b) Forfeiture of office. — 466
668	668	1. A member of the council may forfeit the office if the 467
669	669	member: 468
670	670	a. Lacks at any time during the term of office any 469
671	671	qualification for the office prescribed by this charter or by 470
672	672	law; 471
673	673	b. Violates any express prohibition of this charter; 472
674	674	c. Is convicted of a felony or criminal misdemeanor, which 473
675	675	felony or misdemeanor involves the office of Village council; 474
676	676	d. Is found to have violated any standard of conduct or 475
677	677	code of ethics established by law for public officials or has 476
678	678	been suspended from office by the Governor, unless subsequently 477
679	679	reinstated as provided by law; or 478
680	680	e. Misses three consecutive regularly scheduled cou ncil 479
681	681	meetings without justifiable reason or unless excused by the 480
682	682	council. 481
683	683	2. If any of these events should occur, a hearing shall 482
684	684	automatically be conducted at the next regularly scheduled 483
685	685	council meeting or a special meeting may be called, and the 484
686	686	member may be declared to have forfeited office by majority vote 485
687	687	of the council. 486
688	688	(c) Filing of vacancies. 487
689	689
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692	692
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697	697	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
698	698
699	699	1. A vacancy on the council shall be filled by a majority 488
700	700	vote of the remaining members of the council for the period of 489
701	701	time until the next election, w hen a council member shall be 490
702	702	elected for the remainder of the term vacated. If more than 6 491
703	703	months remain in the unexpired term and a majority of the 492
704	704	remaining council members cannot reach a decision within 60 days 493
705	705	after a vacancy occurs, the vacancy shal l be filled by a special 494
706	706	election. 495
707	707	2. In the event that all of the council members are removed 496
708	708	by death, disability, recall, forfeiture of office, or 497
709	709	resignation, the Governor shall appoint interim council members 498
710	710	who shall call a special election at leas t 30 days, but no more 499
711	711	than 60 days, after such appointment. Such election shall be 500
712	712	held in the same manner as the initial elections under this 501
713	713	charter. However, if there are fewer than 6 months remaining in 502
714	714	any unexpired terms, the interim council appoint ed by the 503
715	715	Governor shall serve out the unexpired terms. Appointees must 504
716	716	meet all requirements for candidates as provided in this 505
717	717	charter. 506
718	718	Section 6. Administration.— 507
719	719	(1) VILLAGE MANAGER. — 508
720	720	(a) The council shall appoint a Village manager, or a 509
721	721	management firm to fulfill the duties of a Village manager, who 510
722	722	shall serve at the pleasure of the council. The qualifications 511
723	723	of the Village manager or firm may be established by ordinance. 512
724	724
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732	732	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
733	733
734	734	(b) The Village manager or firm may be removed by a 513
735	735	majority vote of the council. 514
736	736	(c) During the absence or disability of the Village 515
737	737	manager, the Village council may by resolution designate a 516
738	738	properly qualified person to temporarily execute the functions 517
739	739	of the Village manager. Such person shall have the same powers 518
740	740	and duties as the Village manager and may be removed by the 519
741	741	Village council at any time upon a majority vote of the council. 520
742	742	(d) The Village manager or firm shall: 521
743	743	1. Appoint, hire, suspend, demote, or dismiss any Village 522
744	744	employee under the Village manager' s jurisdiction in accordance 523
745	745	with the law, and may authorize any department head to exercise 524
746	746	these powers with respect to subordinates in that department. 525
747	747	2. Direct and supervise the administration of all 526
748	748	departments of the Village except the office of th e Village 527
749	749	attorney. 528
750	750	(2) VILLAGE ATTORNEY. — There shall be a Village attorney 529
751	751	who shall be a member of The Florida Bar in good standing, be 530
752	752	appointed by the council, and serve as the chief legal advisor 531
753	753	to the council and Village administrators, departmen ts, and 532
754	754	agencies. The council may remove the Village attorney for any 533
755	755	reason by a majority vote of its members. 534
756	756	Section 7. Departments; personnel; planning. — 535
757	757	(1) DEPARTMENTS; BOARDS; AGENCIES. —The council may 536
758	758	establish, modify, or terminate such department, board, or 537
759	759
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767	767	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
768	768
769	769	agencies as it determines necessary for the effective 538
770	770	administration of employees of the Village's departments, 539
771	771	boards, and agencies. 540
772	772	(2) PERSONNEL.—Consistent with all applicable state and 541
773	773	federal laws, the council shall provide by ordinance for the 542
774	774	establishment, regulation, and maintenance of a system governing 543
775	775	personnel policies necessary for the effective administration of 544
776	776	employees of the Village's departments, boards, and agencies. 545
777	777	(3) PLANNING.—Consistent with all applicable state and 546
778	778	federal laws with respect to land use, development, and 547
779	779	environmental protection, the Village shall: 548
780	780	(a) Designate an employee, agency, or agencies to ex ecute 549
781	781	the planning functions with such decisionmaking responsibilities 550
782	782	as may be specified by ordinance or general law. 551
783	783	(b) Adopt a comprehensive plan and ensure that zoning and 552
784	784	other land use control ordinances are consistent with the plan, 553
785	785	all in accordance with general law and this charter. The Palm 554
786	786	Beach County Comprehensive Plan, as it exists on the day the 555
787	787	Village commences corporate existence, shall serve as the 556
788	788	initial comprehensive plan of the Village until the Village 557
789	789	adopts its own comprehensiv e plan pursuant to chapter 163, 558
790	790	Florida Statutes. 559
791	791	(c) Adopt zoning and development regulations, to be 560
792	792	specified by ordinance consistent with this charter, to 561
793	793	implement the plan. 562
794	794
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797	797
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802	802	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
803	803
804	804	(d) Any change to the town's future land use map, or any 563
805	805	change to zoning designation for any parcel within the town 564
806	806	shall require the affirmative vote of no fewer than four members 565
807	807	of the town council. 566
808	808	Section 8. Financial management. — 567
809	809	(1) FISCAL YEAR.—The fiscal year of the Village shall 568
810	810	begin on the first day of October and end on the last day of 569
811	811	September of each year. 570
812	812	(2) EXPENDITURE OF VILLAGE FUNDS. — No Village funds shall 571
813	813	be expended except pursuant to a duly approved appropriations or 572
814	814	for the payment of bonds, notes, or other indebtedness duly 573
815	815	authorized by the council and only from such funds so 574
816	816	authorized. 575
817	817	(3) BUDGET ADOPTION. —The council shall adopt a budget in 576
818	818	accordance with applicable general law, after a minimum of two 577
819	819	public hearings on the proposed budget. A resolution adopting 578
820	820	the annual budget shall c onstitute appropriation of the amounts 579
821	821	specified therein as expenditures from funds indicated. 580
822	822	(4) EXPENDITURES.—The budget shall not provide for 581
823	823	expenditures in an amount greater than the revenues budgeted. 582
824	824	(5) APPROPRIATIONS. -– 583
825	825	(a) If, during the f iscal year, revenues in excess of such 584
826	826	revenues estimated in the budget are available for 585
827	827	appropriation, the council by resolution may make supplemental 586
828	828
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836	836	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
837	837
838	838	appropriations for the year in an amount not to exceed such 587
839	839	excess. 588
840	840	(b) If, at any time during the fi scal year, it appears 589
841	841	probable to the Village manager that the revenues available will 590
842	842	be insufficient to meet the amount appropriated, the Village 591
843	843	manager shall report to the council without delay, indicating 592
844	844	the estimated amount of the deficiency, any re medial action 593
845	845	taken, and recommendations as to any other steps that should be 594
846	846	taken. The council shall then take such further action as it 595
847	847	deems necessary to prevent or minimize any deficiency and, for 596
848	848	that purpose, the council may by resolution reduce one or more 597
849	849	appropriations accordingly. 598
850	850	(c) No appropriation for debt service may be reduced or 599
851	851	transferred, and no appropriation may be reduced below any 600
852	852	amount required by law to be appropriated, or by more than the 601
853	853	unencumbered balance thereof. Notwiths tanding any other 602
854	854	provisions of law, the supplemental and emergency appropriations 603
855	855	and reduction or transfer of appropriations authorized by this 604
856	856	section may be made effective immediately upon adoption. 605
857	857	(6) BONDS; INDEBTEDNESS. -– 606
858	858	(a) Subject to the ref erendum requirements of the State 607
859	859	Constitution, if applicable, the Village may from time to time 608
860	860	borrow money and issue bonds or other obligations or evidence of 609
861	861	indebtedness (collectively, "bonds") of any type or character 610
862	862	for any of the purposes for whic h the Village is now or 611
863	863
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871	871	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
872	872
873	873	hereafter authorized by law to borrow money, including to 612
874	874	finance the cost of any capital or other project and to refund 613
875	875	any and all previous issues of bonds at or before maturity. Such 614
876	876	bonds may be issued pursuant to one or more re solutions adopted 615
877	877	by a majority of the council. 616
878	878	(b) The Village may assume all outstanding indebtedness 617
879	879	related to facilities that it acquires from other units of local 618
880	880	government and be liable for payment of such indebtedness in 619
881	881	accordance with its term s. 620
882	882	(7) REVENUE BONDS.—Revenue bonds may be issued by the 621
883	883	Village as authorized by law. 622
884	884	(8) ANNUAL AUDIT.—The council shall provide for an 623
885	885	independent annual financial audit of all Village accounts and 624
886	886	may provide for more frequent audits as it deems necessary. Such 625
887	887	audits shall be made by a certified public accountant or a firm 626
888	888	of such accountants who have no personal interest, directly or 627
889	889	indirectly, in the fiscal affairs of the Village government or 628
890	890	in any of its officers. 629
891	891	(9) SHORTFALLS.—The state is not liable for financial 630
892	892	shortfalls of the Village. 631
893	893	Section 9. Initiative and referendum. —The powers of 632
894	894	initiative and referendum are reserved to the qualified 633
895	895	registered voters of the Village. The election laws of the state 634
896	896	shall govern the exerc ise of the powers of initiative and 635
897	897	referendum under this charter. 636
898	898
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906	906	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
907	907
908	908	Section 10. Referendum election: transition. — 637
909	909	(1) REFERENDUM ELECTION. —The referendum election called 638
910	910	for by this action shall be held on the November 7, 2023, 639
911	911	ballot: 640
912	912	641
913	913	"Shall the Village of Loxahatchee be created and its charter 642
914	914	adopted? YES / NO" 643
915	915	644
916	916	In the event this question is answered affirmatively by a 645
917	917	majority of voters voting in the referendum, the charter will 646
918	918	take effect as provided herein. The referendum election shall be 647
919	919	conducted by the Supervisor of Elections of Palm Beach County in 648
920	920	accordance with the Florida Election Code, and the cost of such 649
921	921	election shall be funded by the Board of County Commissioners of 650
922	922	Palm Beach County. 651
923	923	(2) INITIAL ELECTION OF COUNCIL. -– 652
924	924	(a) After the adoption of this charter, the Board of 653
925	925	County Commissioners of Palm Beach County shall call an election 654
926	926	to be held March 12, 2024, for the election of five Village 655
927	927	council members. The election shall be conducted by the 656
928	928	Supervisor of Elections of Palm Beach County in accordance with 657
929	929	the Florida Election Code, and the cost of such election shall 658
930	930	be funded by the Board of County Commissioners of Palm Beach 659
931	931	County. 660
932	932
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940	940	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
941	941
942	942	(b) An individual who wishes to run for one of five 661
943	943	initial seats on the council sh all qualify with the Supervisor 662
944	944	of Elections of Palm Beach County in accordance with this 663
945	945	charter and general law. 664
946	946	(c) For the initial elections, the county canvassing board 665
947	947	shall certify the results of the elections in accordance with 666
948	948	general law. 667
949	949	(d) The two council members receiving the highest number 668
950	950	of votes and the Mayor shall each be elected to an initial term 669
951	951	expiring upon certification of the election results for the 670
952	952	March 2028 election. The two remaining council members shall 671
953	953	each be elected to an initial term expiring upon certification 672
954	954	of the election results for the March 2026 election. Thereafter, 673
955	955	all terms shall be for a period of 4 years. 674
956	956	(3) SCHEDULE.—- 675
957	957	(a) First election of council members. —-At the time of its 676
958	958	adoption, this charter shall be in effect to the extent 677
959	959	necessary so that the first election of members of the Village 678
960	960	council may be conducted in accordance with this charter. 679
961	961	(b) Time of taking full effect. — This charter shall take 680
962	962	full effect for all purposes on and after the date of the first 681
963	963	meeting of the newly elected Village council provided in 682
964	964	paragraph (c). 683
965	965	(c) First council meeting. —-On April 10, 2024, provided 684
966	966	the results of the election of the Village council under this 685
967	967
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975	975	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
976	976
977	977	charter have been certified, the newly ele cted members of the 686
978	978	Village council shall meet at a location to be determined. In 687
979	979	the event the results have not been certified by April 10, 2024, 688
980	980	the newly elected members shall meet on the following Tuesday. 689
981	981	The initial council shall have the authority a nd power to enter 690
982	982	into contracts, provide for necessary Village officers and 691
983	983	facilities and do such other things as it deems necessary and 692
984	984	appropriate for the Village. 693
985	985	(4) FIRST YEAR EXPENSES. —The council, in order to provide 694
986	986	moneys for the expenses and support of the Village, shall have 695
987	987	the power to borrow money necessary for the operation of 696
988	988	municipal government until such time as a budget is adopted and 697
989	989	revenues are raised in accordance with this charter. 698
990	990	(5) TRANSITIONAL ORDINANCES AND RESOLUTIONS. — 699
991	991	(a) All applicable county ordinances currently in place at 700
992	992	the time of passage of the referendum, unless specifically 701
993	993	referenced in this charter, shall remain in place until and 702
994	994	unless rescinded by action of the council. Except that a county 703
995	995	ordinance, rule, or regulation that is in conflict with this 704
996	996	charter, or an ordinance, rule, or regulation of the Village 705
997	997	shall not be effective to the extent of such conflict. Any 706
998	998	existing Palm Beach County ordinances, rules, and regulations, 707
999	999	as of April 1, 2024, s hall not be altered, changed, rescinded, 708
1000	1000	or added to, nor shall any variance be granted, if such action 709
1001	1001	would affect the Village without the approval of the council. 710
1002	1002
1003	1003	HB 1113 2023
1004	1004
1005	1005
1006	1006
1007	1007	CODING: Words stricken are deletions; words underlined are additions.
1008	1008	hb1113-00
1009	1009	Page 30 of 39
1010	1010	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1011	1011
1012	1012	(b) The council shall adopt ordinances and resolutions 711
1013	1013	required to effect the transition . Ordinances adopted within 60 712
1014	1014	days after the first council meeting may be passed as emergency 713
1015	1015	ordinances. These transitional ordinances, passed as emergency 714
1016	1016	ordinances, shall be effective for no longer than 90 days after 715
1017	1017	adoption, and thereafter may be re adopted, renewed, or otherwise 716
1018	1018	continued only in the manner normally prescribed for ordinances. 717
1019	1019	(6) TRANSITIONAL COMPREHENSIVE PLAN. —- 718
1020	1020	(a) Until such time as the Village adopts a comprehensive 719
1021	1021	plan, the applicable provisions of the Comprehensive Plan o f 720
1022	1022	Palm Beach County, as the same exists on the day the Village 721
1023	1023	commences corporate existence, shall remain in effect as the 722
1024	1024	Village's transitional comprehensive plan. However, except as 723
1025	1025	otherwise set forth herein, all planning functions, duties, and 724
1026	1026	authority shall thereafter be vested in the council which shall 725
1027	1027	be deemed the local planning agency until the council 726
1028	1028	establishes a separate local planning agency. This charter shall 727
1029	1029	not affect any of the rights and obligations, between and among 728
1030	1030	any persons, which have been and are established by or result 729
1031	1031	from any existing development orders in the area which are 730
1032	1032	identified in section 4 and as set forth in this section. 731
1033	1033	(b) Notwithstanding any other provision of general law or 732
1034	1034	this charter, from the effectiv e date of this charter until 60 733
1035	1035	months subsequent to the date initial land development 734
1036	1036	regulations adopted by the Village pursuant to chapter 163, 735
1037	1037
1038	1038	HB 1113 2023
1039	1039
1040	1040
1041	1041
1042	1042	CODING: Words stricken are deletions; words underlined are additions.
1043	1043	hb1113-00
1044	1044	Page 31 of 39
1045	1045	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1046	1046
1047	1047	Florida Statutes, become final (the "transition period"), the 736
1048	1048	comprehensive plan and land development regulat ions of Palm 737
1049	1049	Beach County shall govern the issuance of all development orders 738
1050	1050	for a parcel or parcels of land located within or upon the lands 739
1051	1051	identified in Palm Beach County Zoning Resolution R -2019-0389 740
1052	1052	(April 4, 2019) (collectively, the "Property"), and during such 741
1053	1053	transition period all local government development orders and 742
1054	1054	development permits associated with such Property shall be 743
1055	1055	administered and issued by Palm Beach County pursuant to county 744
1056	1056	development regulations, unless an affected landowner 745
1057	1057	voluntarily elects to subject the Property, in whole or in part, 746
1058	1058	to the Village's comprehensive plan and land development 747
1059	1059	regulations; provided, however, that neither the gross 748
1060	1060	residential density nor the gross non -residential intensities 749
1061	1061	assigned to the Prope rty by County Zoning Resolution R -2019-0389 750
1062	1062	shall be increased by an owner thereof without first obtaining 751
1063	1063	the approval of the council. The Village shall enter into any 752
1064	1064	agreement as may be necessary with Palm Beach County to 753
1065	1065	effectuate the provisions of th is section 10(7)(b) 754
1066	1066	Notwithstanding any provision of law or this charter, no 755
1067	1067	amendment to this section 10(7)(b) relating to the Property 756
1068	1068	during the transition period shall be operative without an 757
1069	1069	ordinance adopted by the affirmative vote of not less than f our 758
1070	1070	members of the council and an affirmative vote of a majority of 759
1071	1071	the registered electors of the Village. 760
1072	1072
1073	1073	HB 1113 2023
1074	1074
1075	1075
1076	1076
1077	1077	CODING: Words stricken are deletions; words underlined are additions.
1078	1078	hb1113-00
1079	1079	Page 32 of 39
1080	1080	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1081	1081
1082	1082	(c) The Village shall not annex any development parcel 761
1083	1083	(Pod) identified on the approved Master Plan as amended for the 762
1084	1084	Property prior to Palm Beac h County issuing a building permit 763
1085	1085	for such Pod. Annexation shall follow the procedures provided in 764
1086	1086	s. 171.0413, Florida Statutes, as amended. The Village may annex 765
1087	1087	a Pod at the request of the owner or owners thereof, as provided 766
1088	1088	in s. 171.044, Florida Sta tutes. Notwithstanding any provision 767
1089	1089	of law or this charter, no amendment to this section 10(7)(c) 768
1090	1090	shall be operative without an ordinance adopted by the 769
1091	1091	affirmative vote of not less than four members of the council 770
1092	1092	and an affirmative vote of a majority of the registered electors 771
1093	1093	of the Village. 772
1094	1094	(7) TRANSITIONAL LAND DEVELOPMENT REGULATIONS. — To 773
1095	1095	implement the transitional comprehensive land use plan when 774
1096	1096	adopted, the Village shall, in accordance with the procedures 775
1097	1097	required by the laws of the state, adopt ordinances providing 776
1098	1098	for land use development regulations within the corporate 777
1099	1099	limits. Until the Village adopts ordinances, the following shall 778
1100	1100	apply: 779
1101	1101	(a) The comprehensive land use plan and land use 780
1102	1102	development regulations of Palm Beach County, as the same exists 781
1103	1103	on the date that the Village commenced corporate existence, 782
1104	1104	shall remain in effect as the Village's transitional land use 783
1105	1105	development regulations and comprehensive land use plan. 784
1106	1106
1107	1107	HB 1113 2023
1108	1108
1109	1109
1110	1110
1111	1111	CODING: Words stricken are deletions; words underlined are additions.
1112	1112	hb1113-00
1113	1113	Page 33 of 39
1114	1114	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1115	1115
1116	1116	(b) All powers and duties of the Palm Beach County Growth 785
1117	1117	Management and Building Departments, the Palm Beach County 786
1118	1118	Special Magistrate, and Board of County Commissioners of Palm 787
1119	1119	Beach County, as provided in these transitional land use 788
1120	1120	development regulations, shall be vested in the council until 789
1121	1121	such time as the coun cil delegates all powers and duties, or a 790
1122	1122	portion thereof, to another agency, department, or entity. 791
1123	1123	(c) Subsequent to the adoption of a local comprehensive 792
1124	1124	land use plan and subject to general law, the council is fully 793
1125	1125	empowered to amend, supersede, enf orce, or repeal the 794
1126	1126	transitional land use development regulations, or any portion 795
1127	1127	thereof, by ordinance. 796
1128	1128	(d) Subsequent to the commencement of the Village's 797
1129	1129	corporate existence, an amendment of the comprehensive land use 798
1130	1130	plan or land use development regu lations enacted by the Board of 799
1131	1131	County Commissioners of Palm Beach County shall not be deemed an 800
1132	1132	amendment of the Village's transitional comprehensive land use 801
1133	1133	plan or land use development regulations or otherwise take 802
1134	1134	effect within the Village's municipal boundaries. 803
1135	1135	(8) STATE SHARED REVENUES. —The Village shall be entitled 804
1136	1136	to participate in all revenue sharing programs of the state 805
1137	1137	effective April 1, 2024. The provisions of s. 218.23(1), Florida 806
1138	1138	Statutes, shall be waived for the purpose of eligibility to 807
1139	1139	receive revenue sharing funds from the date of incorporation 808
1140	1140	through the fiscal year 2024 -2025. For purposes of complying 809
1141	1141
1142	1142	HB 1113 2023
1143	1143
1144	1144
1145	1145
1146	1146	CODING: Words stricken are deletions; words underlined are additions.
1147	1147	hb1113-00
1148	1148	Page 34 of 39
1149	1149	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1150	1150
1151	1151	with s. 218.23(1), Florida Statutes, relating to ad valorem 810
1152	1152	taxation, the millage levied by special districts may be used 811
1153	1153	for an indefinite period of time. Initial population estimates 812
1154	1154	for calculating eligibility for shared revenues shall be 813
1155	1155	determined by the University of Florida Bureau of Economic and 814
1156	1156	Business Research. Should the bureau be unable to provide an 815
1157	1157	appropriate population estimate, the Palm Beach County Planning 816
1158	1158	Division estimate should be utilized. 817
1159	1159	(9) LOCAL REVENUE SOURCES. —The Village shall be entitled 818
1160	1160	to receive all local revenue sources available pursuant to 819
1161	1161	general law, including but not limited to local communicat ions 820
1162	1162	services tax imposed under s. 202.19, Florida Statutes. The 821
1163	1163	local communication services tax rate imposed by Palm Beach 822
1164	1164	County will continue within the Village boundaries during the 823
1165	1165	period commencing with the date of incorporation through January 824
1166	1166	1, 2025. Revenues from the tax shall be shared by Palm Beach 825
1167	1167	County with the Village in proportion to the projected village 826
1168	1168	population estimate of the Palm Beach County Planning Division 827
1169	1169	compared with the unincorporated population of Palm Beach County 828
1170	1170	before the incorporation of the Village. 829
1171	1171	(10) LOCAL OPTION GAS TAX REVENUES .—Notwithstanding the 830
1172	1172	requirements of s. 336.025, Florida Statutes, to the contrary, 831
1173	1173	the Village shall be entitled to receive local option gas tax 832
1174	1174	revenues beginning December 31, 2023. Th e amount of said 833
1175	1175	revenues distributed to the Village shall be in accordance with 834
1176	1176
1177	1177	HB 1113 2023
1178	1178
1179	1179
1180	1180
1181	1181	CODING: Words stricken are deletions; words underlined are additions.
1182	1182	hb1113-00
1183	1183	Page 35 of 39
1184	1184	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1185	1185
1186	1186	general law, Palm Beach County ordinance, or interlocal 835
1187	1187	agreement negotiated with the Board of County Commissioners of 836
1188	1188	Palm Beach County. 837
1189	1189	(11) CONTRACTUAL SERVICES AND FACI LITIES.—Contractual 838
1190	1190	services for law enforcement, fire rescue, emergency management, 839
1191	1191	public works, parks and recreation, planning and zoning, 840
1192	1192	building inspection, development review, animal control, library 841
1193	1193	services, village manager or management firm, Vil lage attorney, 842
1194	1194	and solid waste collection may be supplied by a contract between 843
1195	1195	the Village and the Board of County Commissioners of Palm Beach 844
1196	1196	County, special districts, municipalities, or private enterprise 845
1197	1197	until such time as the council establishes such independent 846
1198	1198	services. However, existing solid waste contracts shall be 847
1199	1199	honored as required by s. 165.061(1)(f), Florida Statutes, and 848
1200	1200	Article I, section 10 of the State Constitution. Facilities for 849
1201	1201	housing the newly formed municipal operations may be rent ed or 850
1202	1202	leased until the Village selects more permanent facilities. 851
1203	1203	Section 11. Continuation, merger, and dissolution of 852
1204	1204	existing districts.— 853
1205	1205	(1) PALM BEACH COUNTY FIRE RESCUE MUNICIPAL SERVICE TAXING 854
1206	1206	UNIT.–Notwithstanding the incorporation of the Vill age of 855
1207	1207	Loxahatchee, that portion of the Palm Beach County Fire Rescue 856
1208	1208	Municipal Service Taxing Unit, a special taxing district created 857
1209	1209	by the Palm Beach County Commission that lies within the 858
1210	1210	boundaries of the Village of Loxahatchee, is authorized to 859
1211	1211
1212	1212	HB 1113 2023
1213	1213
1214	1214
1215	1215
1216	1216	CODING: Words stricken are deletions; words underlined are additions.
1217	1217	hb1113-00
1218	1218	Page 36 of 39
1219	1219	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1220	1220
1221	1221	continue in existence, until the Village adopts an ordinance to 860
1222	1222	the contrary. 861
1223	1223	(2) LAW ENFORCEMENT .—Law enforcement services shall 862
1224	1224	continue to be provided by the Palm Beach County Sheriff's 863
1225	1225	Office until the village adopts an ordinance or resolution or 864
1226	1226	enters into an interlocal agreement to the contrary. 865
1227	1227	(3) PALM BEACH COUNTY LIBRARY TAXING DISTRICT .—-866
1228	1228	Notwithstanding the incorporation of the Village of Loxahatchee, 867
1229	1229	that portion of the Palm Beach County Library Taxing District, a 868
1230	1230	dependent district of Palm Beach County codified by chapter 869
1231	1231	2000-405, Laws of Florida, that lies within the boundaries of 870
1232	1232	the Village, is authorized but not required to continue in 871
1233	1233	existence. 872
1234	1234	(4) INDIAN TRAIL IMPROVEMENT DISTRICT. —-The Indian Trail 873
1235	1235	Improvement District, an independent special district created by 874
1236	1236	a special act of the Legislature, is authorized to continue in 875
1237	1237	existence. Indian Trail Improvement District is authorized to 876
1238	1238	transfer certain District assets to the Village of Loxahatchee, 877
1239	1239	which assets shall become Village assets upon transfer. Indian 878
1240	1240	Trail Improvement District is authorized to transfer non -ad 879
1241	1241	valorem assessments for maintenance and improvements related to 880
1242	1242	those assets it transfers to the Village. 881
1243	1243	(a) The assets, liabilities, and written contracts of the 882
1244	1244	Indian Trail Improvement District, including all rights, 883
1245	1245	obligations, duties, and relationships n ow existing by law or 884
1246	1246
1247	1247	HB 1113 2023
1248	1248
1249	1249
1250	1250
1251	1251	CODING: Words stricken are deletions; words underlined are additions.
1252	1252	hb1113-00
1253	1253	Page 37 of 39
1254	1254	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1255	1255
1256	1256	agreement, shall be unaffected and shall remain in full force 885
1257	1257	and effect and shall be those of the District except as 886
1258	1258	transferred to the Village of Loxahatchee. 887
1259	1259	(b) The Indian Trail Improvement District shall continue 888
1260	1260	to be responsible for the levy and collection of debt service 889
1261	1261	and maintenance assessments for Unit of Development No. 18, also 890
1262	1262	known as Madison Green, for the purpose of paying the 891
1263	1263	outstanding bonded indebtedness under the Indian Trail 892
1264	1264	Improvement District Water Contro l and Improvement Bonds Unit of 893
1265	1265	Development No. 18. Series 2015, and for the purpose of 894
1266	1266	maintaining the works of the District within Unit of Development 895
1267	1267	No. 18. This responsibility shall terminate on August 1, 2031, 896
1268	1268	when the bonds are fully paid. Effective August 1, 2031, Unit of 897
1269	1269	Development No. 18 shall be removed from the boundaries of the 898
1270	1270	Indian Trail Improvement District, and no longer be the 899
1271	1271	responsibility of the District. 900
1272	1272	(c) To the extent not inconsistent with this charter, all 901
1273	1273	resolutions, and pol icies of the Indian Trail Improvement 902
1274	1274	District shall remain in effect until amended, revised, or 903
1275	1275	repealed by the District. 904
1276	1276	Section 12. General provisions.— 905
1277	1277	(1) CODE OF ETHICS. —It is essential to the proper conduct 906
1278	1278	and operation of the Village that t he officers and employees of 907
1279	1279	the Village be independent and impartial and for their offices 908
1280	1280	not to be used for private gain other than the remuneration 909
1281	1281
1282	1282	HB 1113 2023
1283	1283
1284	1284
1285	1285
1286	1286	CODING: Words stricken are deletions; words underlined are additions.
1287	1287	hb1113-00
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1289	1289	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1290	1290
1291	1291	provided by law or by ordinances. It is declared to be the 910
1292	1292	policy of the Village that its officers and e mployees are agents 911
1293	1293	of the people and hold their positions for the benefit of the 912
1294	1294	public. Therefore, all Village officers and employees shall 913
1295	1295	adhere to the standards of conduct as provided in part III of 914
1296	1296	chapter 112, Florida Statutes, and other applicable general law. 915
1297	1297	(2) CHARTER AMENDMENTS. —This charter may be amended in 916
1298	1298	accordance with the provisions for charter amendments as 917
1299	1299	specified in the Municipal Home Rule Powers Act, chapter 166, 918
1300	1300	Florida Statutes, as the same may be amended from time to time, 919
1301	1301	or its successor, or as may otherwise be provided by general 920
1302	1302	law. The form, content, and certification of any petition to 921
1303	1303	amend shall be established by ordinance. 922
1304	1304	(3) SEVERABILITY.—If any provisions of this act, or the 923
1305	1305	application thereof to any person or circumstance, is held 924
1306	1306	invalid, the invalidity shall not affect other provisions or 925
1307	1307	applications of this act which can be given effect without the 926
1308	1308	invalid provision or application, and to this end the provisions 927
1309	1309	of this act are declared severable. 928
1310	1310	(4) ELIMINATION OF TRANSITIONAL ELEMENTS FROM THIS 929
1311	1311	CHARTER.—Upon completion of the transitional phase provided in 930
1312	1312	this charter, the sections of the charter relating to transition 931
1313	1313	may be eliminated from this charter. 932
1314	1314	(5) WAIVER.—The thresholds established by s. 165.061, 933
1315	1315	Florida Statues, for incorporation have been met with the 934
1316	1316
1317	1317	HB 1113 2023
1318	1318
1319	1319
1320	1320
1321	1321	CODING: Words stricken are deletions; words underlined are additions.
1322	1322	hb1113-00
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1324	1324	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1325	1325
1326	1326	following exception: a waiver is granted to the provisions of s. 935
1327	1327	165.061(1)(d), Florida Statutes, relating to the requirement of 936
1328	1328	having a minimum distance of 2 miles from the boundaries of an 937
1329	1329	existing municipality. 938
1330	1330	Section 13. This act shall take effect only upon its 939
1331	1331	approval by a majority vote of those qualified electors residing 940
1332	1332	within the proposed corporate limits of the proposed Village of 941
1333	1333	Loxahatchee as described in section 4, voti ng in a referendum 942
1334	1334	election to be called by the Palm Beach County Commission and to 943
1335	1335	be held on November 7, 2023 , in accordance with the provisions 944
1336	1336	of law relating to elections currently in force, except that 945
1337	1337	section 10(1) and this section shall take effe ct upon becoming a 946
1338	1338	law. If approved by the electorate, section 10(2) and section 947
1339	1339	10(3) shall take effect immediately upon certification of the 948
1340	1340	election results by the Palm Beach County Supervisor of 949
1341	1341	Elections. 950