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