Florida 2023 Regular Session

Florida House Bill H1113 Latest Draft

Bill / Introduced Version Filed 02/23/2023

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