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A bill to be entitled

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An act relating to Martin County; creating the Town of

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Hobe Sound; providing a charter; providing legislative

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intent; providing for a council-manager form of

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government; providing boundaries; providing municipal

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powers; providing for a town council and composition

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thereof; providing for eligibility, terms, duties,

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compensation, and reimbursement of expenses of council

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members; providing for a mayor and vice mayor;

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providing scheduling requirements of council meetings;

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prohibiting interference with town employees;

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providing for filling of vacancies and forfeiture of

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office; providing for the appointment of a town

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manager and town attorney and the qualifications,

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removal, powers, and duties thereof; providing for the

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establishment of town departments, agencies,

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personnel, and boards; providing for an annual

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independent audit; providing that the state is not

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liable for financial shortfalls of the town; providing

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for nonpartisan elections and matters relating

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thereto; providing for town council districts;

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providing for the recall of council members; providing

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for initiative and referenda; providing for a code of

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ethics; providing for future amendments to the

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charter; providing severability; providing a town
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transition schedule and procedures for the first

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election; providing for first-year expenses; providing

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for adoption of comprehensive plans and land

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development regulations; providing for accelerated

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entitlement to state-shared revenues; providing for

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entitlement to all local revenue sources authorized by

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general law; providing for the sharing of

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communications services tax revenues; providing for

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receipt and distribution of local option gas tax

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revenues; requiring a referendum; providing effective

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dates.

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Be It Enacted by the Legislature of the State of Florida:

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Section 1.

Corporate name; purpose of the charter;

creation and establishment of the Town of Hobe Sound.—
(1)

CORPORATE NAME.—The municipality hereby established

shall be known as the Town of Hobe Sound ("town").
(2)

PURPOSE OF THE CHARTER.—This act, together with any

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future amendments thereto, may be known as the Charter of the

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Town of Hobe Sound ("charter").

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(a)

It is in the best interests of the public health,

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safety, and welfare of the residents of the Hobe Sound area to

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form a separate municipality for the Hobe Sound area with all

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the powers and authority necessary to provide adequate and

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efficient municipal services to its residents.
(b)

It is intended that this charter and the incorporation

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of the Hobe Sound area will serve to preserve and protect the

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character, natural resources, and quality of life of the

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community.

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(c)

It is the intent of this charter and the incorporation

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of the Hobe Sound area to secure the benefits of self-

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determination and affirm the values of representative democracy,

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citizen participation, strong community leadership, professional

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management, and regional cooperation.

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(d)

It is the intent of this charter and the incorporation

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of the town to maintain a financially secure and sustainable

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municipal government and to responsibly manage the town's debt

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obligations without causing the state to incur any liability.

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(3)

CREATION AND ESTABLISHMENT OF THE TOWN OF HOBE SOUND.—

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(a)

This act shall take effect upon approval by a majority

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vote of those qualified electors residing within the corporate

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limits of the proposed town as described in section 3 voting in

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a referendum election to be called by the Supervisor of

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Elections of Martin County to be held on August 28, 2018, in

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accordance with the provisions of law relating to elections

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currently in force.

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(b)

For the purpose of compliance with s. 200.066, Florida

Statutes, relating to assessment and collection of ad valorem
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taxes, the Town of Hobe Sound is created and established

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effective December 31, 2018.

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Section 2.

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(1)

Powers of town; form of government.—

POWERS OF THE TOWN.—The town shall have all available

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governmental, corporate, and proprietary powers of a

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municipality under the State Constitution and laws of the state

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as fully and completely as though such powers were specifically

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enumerated in this charter, and may exercise such powers, except

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when prohibited by law. Through the adoption of this charter, it

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is the intent of the electors of the town that the municipal

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government established in this section shall have the broadest

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exercise of home rule powers permitted under the State

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Constitution and laws of the state.
(2)

CONSTRUCTION.—The powers of the town under this

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charter shall be construed liberally in favor of the town, and

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the specific mention of particular powers in the charter shall

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not be construed as limiting the general powers granted in this

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charter in any way.

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(3)

FORM OF GOVERNMENT.—The town shall have a council-

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manager form of government, with the council to consist of five

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town council ("council") members elected by the town at large

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from five districts. The council shall constitute the governing

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body of the town, with the duties and responsibilities

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hereinafter provided. The council shall appoint a town manager

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to be the chief administrative officer of the town who shall
serve at the pleasure of the council.
Section 3.

Corporate boundaries.—The territorial

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boundaries of the Town of Hobe Sound upon the date of

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incorporation shall be as follows:

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THAT PORTION OF THE GOMEZ GRANT AS RECORDED IN PLAT 1,

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PAGE 80 PUBLIC RECORDS OF PALM BEACH (NOW MARTIN)

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COUNTY, FLORIDA AND THAT PORTION OF TOWNSHIP 39 SOUTH,

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RANGE 42 EAST, ALL BEING IN MARTIN COUNTY, FLORIDA,

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BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

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BEGIN AT THE NORTHWEST CORNER OF SECTION 5, TOWNSHIP

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40 SOUTH, RANGE 42 EAST, HAVING A CERTIFIED CORNER

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RECORD NUMBER 10789 FILED WITH THE FLORIDA DEPARTMENT

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OF NATURAL RESOURCES, NOW THE FLORIDA DEPARTMENT OF

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ENVIRONMENTAL PROTECTION, SAID CORNER ALSO BEING THE

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SOUTHWEST CORNER OF SECTION 32, TOWNSHIP 39 SOUTH,

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RANGE 42 EAST;

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THENCE ALONG THE WEST LINE OF SAID SECTION 32,

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TOWNSHIP 39 SOUTH, RANGE 42 EAST N00°13'30"W, A

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DISTANCE OF 2652.34 FEET; THENCE CONTINUING ALONG THE

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WEST LINE OF SAID SECTION 32 N00°13'52"W, A DISTANCE

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OF 2652.17 FEET TO THE NORTHWEST CORNER OF SAID
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SECTION 32, SAID CORNER ALSO BEING THE SOUTHWEST

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CORNER OF SECTION 29, TOWNSHIP 39 SOUTH, RANGE 42

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EAST; THENCE ALONG THE WEST LINE OF SAID SECTION 29,

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TOWNSHIP 39 SOUTH, RANGE 42 EAST N00°00'43"E TO THE

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SOUTHWESTERLY PROLONGATION OF THE NORTHERLY LINE OF

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THE GARCIA-VELEZ PARCEL OF LAND RECORDED IN O.R. BOOK

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1886, PAGE 1854, PUBLIC RECORDS OF MARTIN COUNTY,

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FLORIDA, A DISTANCE OF 4465.42 FEET;

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THENCE ALONG SAID LINE OF PROLONGATION N67°59'54"E TO

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THE NORTHWESTERLY CORNER OF SAID GARCIA-VELEZ PARCEL

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RECORDED IN SAID O.R. BOOK 1886, PAGE 1854, A DISTANCE

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OF 2155.87 FEET; THENCE ALONG THE NORTHERLY LINE OF

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SAID GARCIA-VELEZ PARCEL N67°59'54"E, A DISTANCE OF

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3563.78 FEET; THENCE N19°53'28"W, A DISTANCE OF 693.00

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FEET; THENCE CONTINUING ALONG THE NORTHERLY LINE OF

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SAID GARCIA-VELEZ PARCEL N68°14'36"E TO THE NORTHWEST

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CORNER OF THE PLAT OF HOBE SOUND GOLF CLUB RECORDED IN

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PLAT BOOK 11, PAGE 21 PUBLIC RECORDS OF MARTIN COUNTY,

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FLORIDA, SAID NORTHWEST CORNER ALSO BEING THE

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NORTHWEST CORNER OF THE AMENDED PLAT OF GOMEZ HOMES

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AND GROVES RECORDED IN PLAT BOOK 3, PAGE 3 PUBLIC

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RECORDS OF MARTIN COUNTY, FLORIDA, A DISTANCE OF

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1907.47 FEET; THENCE ALONG THE NORTHERLY LINE OF SAID

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PLAT OF HOBE SOUND GOLF CLUB AND SAME BEING THE
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NORTHERLY LINE OF SAID AMENDED PLAT OF GOMEZ HOMES AND

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GROVES, N68°14'36"E TO THE NORTHEASTERLY CORNER OF

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SAID PLAT OF HOBE SOUND GOLF CLUB AND SAME BEING THE

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NORTHEASTERLY CORNER OF SAID AMENDED PLAT OF GOMEZ

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HOMES AND GROVES, A DISTANCE OF 2600.32 FEET TO A

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POINT ON THE WESTERLY LINE OF BESSEMER'S UNRECORDED

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SUBDIVISION OF THE GOMEZ GRANT LOTS A THROUGH N;

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THENCE ALONG SAID WESTERLY LINE OF SAID BESSEMER'S

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UNRECORDED SUBDIVISION N21°38'29"W TO THE NORTHERLY

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LINE OF SAID LOT N OF SAID BESSEMER'S UNRECORDED

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SUBDIVISION, SAME BEING THE NORTHERLY LINE OF THE

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FIRST UNITED METHODIST CHURCH OF HOBE SOUND PARCEL

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RECORDED IN O.R. BOOK 585, PAGE 898 PUBLIC RECORDS OF

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MARTIN COUNTY, FLORIDA, A DISTANCE OF 4766.09 FEET;

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THENCE ALONG SAID NORTHERLY LINE N68°17'42"E TO A

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POINT ON THE CURVE OF THE CENTERLINE OF U.S. HIGHWAY

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ONE, BEING A 200 FOOT WIDE RIGHT OF WAY, A DISTANCE OF

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1404.13 FEET, SAID CURVE CONCAVE TO THE SOUTHWEST,

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HAVING A RADIUS OF 5729.65 FEET; THENCE NORTHWESTERLY

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ALONG SAID CURVE AN ARC DISTANCE OF 902.22 FEET,

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THROUGH A CENTRAL ANGLE OF 09°01'19", HAVING A CHORD

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BEARING OF N30°19'33"W AND A CHORD DISTANCE OF 901.29

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FEET TO THE POINT OF TANGENT; THENCE CONTINUING ALONG

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THE CENTERLINE OF SAID U.S. HIGHWAY ONE N34°50'13"W, A
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DISTANCE OF 6166.70 FEET TO THE POINT OF CURVE CONCAVE

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TO THE SOUTHWEST, HAVING A RADIUS OF 5729.65 FEET;

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THENCE ALONG SAID CURVE TO THE INTERSECTION OF A LINE

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THAT IS PARALLEL WITH AND 20.00 SOUTHERLY OF THE NORTH

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RIGHT OF WAY LINE OF SE OSPREY STREET, AN ARC DISTANCE

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OF 460.30 FEET, THROUGH A CENTRAL ANGLE OF 04°36'11",

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HAVING A CHORD BEARING OF N37°08'18"W AND A CHORD

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DISTANCE OF 460.18 FEET; THENCE ALONG SAID PARALLEL

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LINE N68°23'27"E TO THE CENTERLINE OF SE GOMEZ AVENUE,

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BEING A 70 FOOT WIDE RIGHT OF WAY, A DISTANCE OF

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3764.80 FEET; THENCE ALONG SAID CENTERLINE OF SE GOMEZ

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AVENUE N21°41'13"W TO THE SOUTHWESTERLY PROLONGATION

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OF THE NORTHERLY LINE OF THE PLAT OF THE SANCTUARY AS

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RECORDED IN PLAT BOOK 11, PAGE 86 PUBLIC RECORDS OF

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MARTIN COUNTY, FLORIDA, A DISTANCE OF 680.05 FEET;

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THENCE ALONG SAID NORTHERLY LINE OF SAID PLAT OF THE

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SANCTUARY N68°19'05"E TO A POINT IN THE INTRACOASTAL

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WATERWAY RECORDED IN PLAT BOOK 2, PAGES 1 THROUGH 9

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PUBLIC RECORDS OF MARTIN COUNTY, FLORIDA, A DISTANCE

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OF 2916.38 FEET, SAID INTRACOASTAL WATERWAY ALSO KNOWN

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AS THE JENSEN BEACH TO JUPITER AQUATIC PRESERVE AND

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ALSO REFERRED TO AS THE INDIAN RIVER;

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THENCE MEANDERING SOUTHERLY THROUGH SAID INTRACOASTAL

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WATERWAY THE FOLLOWING COURSES AND DISTANCES:
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S23°38'46"E, A DISTANCE OF 3025.21 FEET; THENCE

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S06°12'50"E, A DISTANCE OF 3454.77 FEET; THENCE

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S43°46'34"E, A DISTANCE OF 2706.93 FEET; THENCE

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S15°47'16"E, A DISTANCE OF 3172.40 FEET; THENCE

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S23°40'43"E, A DISTANCE OF 4736.44 FEET; THENCE

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S15°04'03"E, A DISTANCE OF 779.24 FEET; THENCE

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S11°12'05"E, A DISTANCE OF 1473.28 FEET; THENCE

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S17°37'55"E, A DISTANCE OF 1948.52 FEET; THENCE

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S35°43'50"E TO THE EASTERLY PROLONGATION OF THE SOUTH

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LINE OF GOVERNMENT LOT 4, SECTION 26, TOWNSHIP 39

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SOUTH, RANGE 42 EAST, A DISTANCE OF 4412.49 FEET;

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THENCE ALONG SAID EASTERLY PROLONGATION OF THE SOUTH

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LINE OF GOVERNMENT LOT 4, SECTION 26, TOWNSHIP 39

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SOUTH, RANGE 42 EAST S89°58'18"W TO THE APPROXIMATE

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SHORELINE OF THE INTRACOASTAL WATERWAY, ALSO BEING THE

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APPROXIMATE SHORELINE OF THE HOBE SOUND OR INDIAN

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RIVER, A DISTANCE OF 1176.59 FEET; THENCE ALONG THE

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SOUTH LINE OF SAID GOVERNMENT LOT 4, SECTION 26,

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TOWNSHIP 39 SOUTH, RANGE 42 EAST S89°58'18"W TO THE

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SOUTHWEST CORNER OF SAID GOVERNMENT LOT 4, SECTION 26,

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SAME BEING THE SOUTHEAST CORNER OF PAPAYA VILLAGE

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RECORDED IN PLAT BOOK 2, PAGE 74 PUBLIC RECORDS OF

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MARTIN COUNTY, FLORIDA, A DISTANCE OF 1979.86 FEET;

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THENCE CONTINUING ALONG SAID SOUTH LINE OF SECTION 26
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AND THE CENTERLINE OF PAPAYA BLVD., AN UNOPEN AND

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UNPAVED 30 FOOT WIDE RIGHT OF WAY AS SHOWN ON SAID

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PLAT OF PAPAYA VILLAGE S89°56'15"W TO THE SOUTHWEST

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CORNER OF SAID SECTION 26, SAME BEING THE SOUTHEAST

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CORNER OF SECTION 27, TOWNSHIP 39 SOUTH, RANGE 42

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EAST, A DISTANCE OF 1324.65 FEET; THENCE ALONG SAID

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CENTERLINE AND THE SOUTH LINE OF SAID SECTION 27,

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TOWNSHIP 39 SOUTH, RANGE 42 EAST S89°56'15W TO THE

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SOUTH QUARTER CORNER OF SAID SECTION 27, SAME BEING

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THE END OF SAID CENTERLINE OF PAPAYA BLVD., A DISTANCE

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OF 2639.12 FEET; THENCE CONTINUING ALONG THE SOUTH

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LINE OF SAID SECTION 27 AND THE SOUTH LINE OF THE

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FIRST ADDITION TO THE PAPAYA VILLAGE RECORDED IN PLAT

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BOOK 3, PAGE 60 PUBLIC RECORDS OF MARTIN COUNTY,

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FLORIDA S89°50'24"W TO THE SOUTHWEST CORNER OF SAID

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SECTION 27, SAME BEING THE SOUTHEAST CORNER OF SECTION

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28, TOWNSHIP 39 SOUTH, RANGE 42 EAST, AND SAME BEING

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THE SOUTHWEST CORNER OF SAID PLAT OF THE FIRST

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ADDITION TO THE PAPAYA VILLAGE, A DISTANCE OF 2639.28

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FEET; THENCE ALONG THE SOUTH LINE OF SAID SECTION 28,

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TOWNSHIP 39 SOUTH, RANGE 42 EAST AND ALONG THE SOUTH

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LINE OF EAGLE WOOD RECORDED IN PLAT BOOK 9, PAGE 26

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PUBLIC RECORDS OF MARTIN COUNTY, FLORIDA S89°56'34"W

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TO THE EASTERLY RIGHT OF WAY OF FLORA AVE AS SHOWN ON

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SAID PLAT OF EAGLE WOOD, A DISTANCE OF 2262.89 FEET;
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THENCE ON A LINE ALONG THE APPROXIMATE EASTERLY RIGHT

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OF WAY OF FLORA AVENUE S21°43'27"W, A DISTANCE OF

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977.73 FEET; THENCE CONTINUING ALONG THE APPROXIMATE

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EAST RIGHT OF WAY LINE OF FLORA AVENUE S00°24'08"E TO

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THE SOUTH LINE OF THE NORTH ONE-QUARTER (N 1/4) OF THE

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SOUTHWEST ONE-QUARTER (SW 1/4) OF THE NORTHEAST ONE-

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QUARTER (NE 1/4) OF SECTION 33, TOWNSHIP 39 SOUTH,

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RANGE 42 EAST, A DISTANCE OF 743.38 FEET; THENCE ALONG

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SAID SOUTH LINE N89°58'36"E TO THE EAST LINE OF THE

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SOUTHWEST ONE-QUARTER (SW 1/4) OF THE NORTHEAST ONE-

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QUARTER (NE 1/4) OF SAID SECTION 33, A DISTANCE OF

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1292.82 FEET; THENCE ALONG SAID EAST LINE S00°00'56"E

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TO THE SOUTH LINE OF THE NORTHEAST ONE-QUARTER (NE

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1/4) OF SAID SECTION 33, A DISTANCE OF 991.23 FEET;

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THENCE ALONG SAID SOUTH LINE S89°59'15"W TO A LINE

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40.00 FEET OF THE EAST LINE OF THE SOUTHWEST ONE-

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QUARTER (SW1/4) OF SAID SECTION 33 AND PARALLEL WITH

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SAID EAST LINE OF THE SOUTHWEST ONE-QUARTER OF SECTION

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33, A DISTANCE OF 1284.95 FEET; THENCE ALONG SAID

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PARALLEL LINE S00°04'55"E TO THE SOUTH LINE OF SAID

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SECTION 33, A DISTANCE OF 2642.32 FEET; THENCE ALONG

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SAID SOUTH LINE OF SECTION 33, TOWNSHIP 39 SOUTH,

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RANGE 42 EAST N89°55'42"W TO THE SOUTHWEST CORNER OF

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SAID SECTION 33, SAME BEING THE SOUTHEAST CORNER OF
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SECTION 32, TOWNSHIP 39 SOUTH, RANGE 42 EAST, A

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DISTANCE OF 2709.76 FEET; THENCE ALONG THE SOUTH LINE

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OF SAID SECTION 32, TOWNSHIP 39 SOUTH, RANGE 42 EAST

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S89°58'25"W TO THE SOUTH QUARTER CORNER OF SAID

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SECTION 32, A DISTANCE OF 2644.31 FEET; THENCE

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CONTINUING ALONG THE SOUTH LINE OF SAID SECTION 32

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S89°58'19"W TO THE SOUTHWEST CORNER OF SAID SECTION 32

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AND TO THE POINT OF BEGINNING, A DISTANCE OF 2643.99

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FEET.

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SAID CORPORATE LIMITS CONTAINING 264,037,076 PLUS OR

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MINUS SQUARE FEET (6,061.46 PLUS OR MINUS ACRES)

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Section 4.

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(1)

Town council.—

GENERAL POWERS AND DUTIES.—All powers of the town

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shall be vested in the council, except as otherwise provided by

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law or this charter, and the council shall provide for the

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exercise thereof and for the performance of all duties and

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obligations permitted by or imposed on the town by law.

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(2)

COMPOSITION; ELIGIBILITY; TERMS.—

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(a)

Composition.—There shall be a council composed of five

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council members. One council member shall be elected by the

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voters of the town at large in each of five districts; district

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one through district five.

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(b)

Eligibility.—
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of the town.

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2.

Each candidate for council shall be a qualified elector
Each candidate for council shall have been a resident

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of the town and the district he or she represents for at least 1

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year before qualifying for office.

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3.

Each council member must reside in the district the

member represents for the duration of his or her term.
4.

The term of office for each council member shall be 4

years.

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(3)

MAYOR; VICE MAYOR.—

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(a)

Mayor.—At the first regularly scheduled meeting after

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the town's first election and each regular election thereafter

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and after receiving the certified results of the election, the

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council, by a majority vote, shall select from its membership a

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mayor. Each year in which a regular election is not scheduled,

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the council, by the second regular meeting after September 1,

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shall by majority vote select from its membership a mayor. The

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mayor shall serve as chairperson during the meetings of the

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council and shall serve as the head of municipal government for

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the purpose of execution of legal documents as required by

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ordinance. The mayor shall also serve as the ceremonial head of

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the town.

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Vice mayor.—A vice mayor shall be selected in the same

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manner as the mayor as provided in paragraph (a). The vice mayor

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shall serve as mayor during the absence or disability of the
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mayor and, if a vacancy of the mayor occurs, shall become

325

interim mayor until a mayor is selected as provided in paragraph

326

(a).
(4)

COMPENSATION.—An ordinance increasing or decreasing

328

compensation of the council may be adopted at any time upon the

329

affirmative vote of four members of the council; however, if the

330

council takes action to change the level of compensation, the

331

salary of council members shall not be adjusted until after the

332

first day after the next regular municipal election. The council

333

may provide for reimbursement of actual expenses incurred by its

334

members, including the mayor, while performing their official

335

duties.

336

(5)

COUNCIL MEETINGS.—

337

(a)

The council shall hold meetings in accordance with a

338

duly adopted ordinance or resolution. Special meetings may be

339

held at the call of the mayor or a majority of the council

340

members. At least a 24-hour notice shall be provided to each

341

council member and the public for special meetings, unless there

342

is an immediate threat to the public safety. Except as

343

authorized by law, all meetings shall be open to the public.

344

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(b)

Three members of the council shall constitute a quorum

345

for the conduct of business unless otherwise provided herein.

346

Unless a quorum is present, no action may be taken except to

347

adjourn. In order to approve any action or adopt any ordinance

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or resolution, there must be at least three affirmative votes

349

for the action, unless otherwise provided herein.

350

(6)

PROHIBITIONS.—

351

(a)

Neither the council, nor any individual member of the

352

council, shall in any manner attempt to dictate the employment

353

or removal of any employee other than the town manager and town

354

attorney. The council is free to make inquiries of town

355

employees, but no individual member of the council shall give

356

orders to any officer or employee of the town. Recommendations

357

for improvements in town government operations shall come

358

through the town manager, but each member of the council shall

359

be free to discuss or recommend improvements to the town

360

manager, and the council is free to direct the town manager to

361

implement specific recommendations for improvements in town

362

government operations.
(b)

No present or former elected town official shall hold

364

any compensated appointive office or employment with the town

365

until 1 year after leaving office.

366
367
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363

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(7)

VACANCIES; FORFEITURE OF OFFICE; FILLING OF

VACANCIES.—
(a)

Vacancies.—A vacancy in the office of a member of the

369

council, mayor, or vice mayor shall occur upon the incumbent's

370

death, inability to fulfill the duties of the office, relocation

371

of residence outside the district, resignation, appointment to

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another public office, judicially determined incompetence, or

373

removal or forfeiture of office as described in this subsection.

374

(b)

375

1.

376

member:

377

a.

Forfeiture of office.—
A member of the council may forfeit the office if the
Lacks at any time during the term of office any

378

qualification for the office prescribed by this charter or by

379

law;

380

b.

Violates any express prohibition of this charter;

381

c.

Is convicted of a felony or criminal misdemeanor that

383

involves the office of town council;
d.

Is found to have violated any standard of conduct or

384

code of ethics established by law for public officials or has

385

been suspended from office by the Governor, unless subsequently

386

reinstated as provided by law; or

387
388

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382

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e.

Misses three consecutive regularly scheduled council

meetings, unless excused by the council.

389
390

If any of these events should occur, a hearing shall

391

automatically be conducted at the next regularly scheduled

392

council meeting, and the member may be declared to have

393

forfeited office by majority vote of the council.

394

2.

The council shall be the sole judge of the

395

qualifications of its members and shall hear all questions

396

relating to forfeiture of a council member's office, including
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whether good cause for absence has been or may be established.

398

The council shall have the power to set additional written

399

standards of conduct for its members beyond those specified in

400

this charter and may provide for such penalties as it deems

401

appropriate, including forfeiture of office. In order to

402

exercise these powers, the council shall have power to subpoena

403

witnesses, administer oaths, and require the production of

404

evidence.

405

(c)

406

1.

Filling of vacancies.—
A vacancy on the council shall be filled by a majority

407

vote of the remaining members of the council for the period of

408

time until the next election, when a council member shall be

409

elected for the remainder of the term vacated. If there are more

410

than 6 months remaining in the unexpired term and a majority of

411

the remaining council members cannot reach a decision within 60

412

days after the vacancy occurs, the vacancy shall be filled by a

413

special election.

414

V

2.

In the event that all of the council members are

415

removed by death, disability, recall, forfeiture of office, or

416

resignation, the Governor shall appoint interim council members

417

who shall call a special election at least 30 days, but no more

418

than 60 days, after such appointment. Such election shall be

419

held in the same manner as the initial elections under this

420

charter. However, if there are fewer than 6 months remaining in

421

any unexpired terms, the interim council appointed by the
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Governor shall serve out the unexpired terms. Appointees must

423

meet all requirements for candidates as provided in this

424

charter.
3.

The burden of establishing good cause for absences

426

shall be on the council member in question; however, any council

427

member may, at any time during a duly held meeting, move to

428

establish good cause for his or her absence. A council member

429

whose qualifications are in question or who is otherwise subject

430

to forfeiture of his or her office shall not vote on such

431

matters.

432

Section 5.

433

(1)

TOWN MANAGER.—

434

(a)

The council shall appoint a town manager, or a

Administration.—

435

management firm to fulfill the duties of a town manager, who

436

shall serve at the pleasure of the council. The qualifications

437

of the town manager or firm may be established by ordinance.

438
439
440

(b)

The town manager or firm may be removed by a majority

vote of the council.
(c)

During the absence or disability of the town manager,

441

the council may by resolution designate a properly qualified

442

person to temporarily execute the functions of the town manager.

443

The person thus designated shall have the same powers and duties

444

as the town manager and may be removed by the council at any

445

time upon a majority vote of the council.

446

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(d)

The town manager or firm shall:
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1.

Appoint, hire, suspend, demote, or dismiss any town

employee under the town manager's jurisdiction in accordance

449

with general law and may authorize any department head to

450

exercise such powers with respect to subordinates in that

451

department.

452

2.

454

Direct and supervise the administration of all

departments of the town except the office of the town attorney.
(2)

TOWN ATTORNEY.—There shall be a town attorney who

455

shall be a member of The Florida Bar in good standing, be

456

appointed by the council, and serve as the chief legal advisor

457

to the council and town administrators, departments, and

458

agencies. The council may remove the town attorney for any

459

reason by a majority vote of its members.

460

Section 6.

461

(1)

Departments; personnel; planning.—

DEPARTMENTS; BOARDS; AGENCIES.—The council may

462

establish, modify, or terminate such departments, boards, or

463

agencies as it determines necessary for the efficient

464

administrative operation of the town. Such departments, boards,

465

or agencies shall be determined by ordinance.

466

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(2)

PERSONNEL.—Consistent with all applicable state and

467

federal laws, the council shall provide by ordinance for the

468

establishment, regulation, and maintenance of a system governing

469

personnel policies necessary for the effective administration of

470

employees of the town's departments, boards, and agencies.

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(3)

PLANNING.—Consistent with all applicable state and

federal laws with respect to land use, development, and

473

environmental protection, the town shall:
(a)

Designate an employee, agency, or agencies to execute

475

the planning functions with such decisionmaking responsibilities

476

as may be specified by ordinance or general law.

477

(b)

Adopt a comprehensive plan and ensure that zoning and

478

other land use control ordinances are consistent with the plan,

479

all in accordance with general law. The Martin County

480

Comprehensive Plan, as it exists on the day that the town

481

commences corporate existence, shall serve as the initial

482

comprehensive plan of the town until the town adopts its own

483

comprehensive plan pursuant to chapter 163, Florida Statutes.

484
485

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474

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(c)

Adopt zoning and development regulations, to be

specified by ordinance, to implement the plan.

486

Section 7.

487

(1)

Financial management.—

FISCAL YEAR.—The fiscal year of the town shall begin

488

on the first day of October and end on the last day of September

489

of each year.

490

(2)

EXPENDITURE OF TOWN FUNDS.—No town funds shall be

491

expended except pursuant to duly approved appropriations or for

492

the payment of bonds, notes, or other indebtedness duly

493

authorized by the council and only from such funds so

494

authorized.

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(3)

BUDGET ADOPTION.—The council shall annually adopt a

budget in accordance with applicable general law after a minimum

497

of two public hearings on the proposed budget. A resolution

498

adopting the budget shall constitute appropriation of the

499

amounts specified therein as expenditures from funds indicated.

501

(4)

EXPENDITURES.—The budget shall not provide for

expenditures in an amount greater than the revenues budgeted.

502

(5)

APPROPRIATIONS.—

503

(a)

If, during the fiscal year, revenues in excess of such

504

revenues estimated in the budget are available for

505

appropriation, the council by resolution may make supplemental

506

appropriations for the year in an amount not to exceed such

507

excess.

508

(b)

If, at any time during the fiscal year, it appears

509

probable to the town manager that the revenues available will be

510

insufficient to meet the amount appropriated, the town manager

511

shall report to the council without delay, indicating the

512

estimated amount of the deficiency, any remedial action taken,

513

and recommendations as to any other steps that should be taken.

514

The council shall then take such further action as it deems

515

necessary to prevent or minimize any deficiency and, for that

516

purpose, the council may by resolution reduce one or more

517

appropriations accordingly.

518
519

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500

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(c)

No appropriation for debt service may be reduced or

transferred, and no appropriation may be reduced below any
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amount required by law to be appropriated, or by more than the

521

unencumbered balance thereof. Notwithstanding any other

522

provision of law, the supplemental and emergency appropriations

523

and reduction or transfer of appropriations authorized by this

524

section may be made effective immediately upon adoption.

525

(6)

BONDS; INDEBTEDNESS.—

526

(a)

Subject to the referendum requirements of the State

527

Constitution, if applicable, the town may from time to time

528

borrow money and issue bonds or other obligations or evidence of

529

indebtedness (collectively, "bonds") of any type or character

530

for any of the purposes for which the town is not or hereafter

531

authorized by law to borrow money, including to finance the cost

532

of any capital or other project and to refund any and all

533

previous issues of bonds at or before maturity. Such bonds may

534

be issued pursuant to one or more resolutions adopted by a

535

majority of the council.
(b)

The town may assume all outstanding indebtedness

537

related to facilities that it acquires from other units of local

538

government and be liable for payment of such indebtedness in

539

accordance with its terms.

540
541
542

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536

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(7)

REVENUE BONDS.—Revenue bonds may be issued by the town

as authorized by law.
(8)

ANNUAL AUDIT.—The council shall provide for an

543

independent annual financial audit of all town accounts and may

544

provide for more frequent audits as it deems necessary. Such
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audits shall be made by a certified public accountant or an

546

accounting firm that has no personal interest, directly or

547

indirectly, in the fiscal affairs of the town government or in

548

any of its officers.

550

(9)

SHORTFALLS.—The state is not liable for financial

shortfalls of the town.

551

Section 8.

552

(1)

NONPARTISAN ELECTIONS; ELECTORS; QUALIFYING.—

553

(a)

Nonpartisan elections.—All elections shall be

Nominations and elections.—

554

conducted on a nonpartisan basis without designation of

555

political party affiliation.

556

(b)

Electors.—Any person who is a resident of the town,

557

who has qualified as an elector of this state, and who registers

558

as prescribed by law shall be an elector of the town.

559

(c)

560

1.

Qualifying.—
Each candidate for the council shall be a qualified

561

elector of the town and must reside in the district for which he

562

or she is seeking office for at least 1 year before the

563

beginning of the qualifying period for the office sought.

564

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2.

Any elector of the town who wishes to become a

565

candidate for the council shall qualify with the Supervisor of

566

Elections of Martin County for the initial election; thereafter,

567

candidates shall qualify with the official designated by

568

resolution or general law by providing proof of voter

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registration, current address, and at least 1-year's residency

570

in the district in which they are seeking office.
3.

The qualifying period for candidates for the council

572

shall be provided by the Supervisor of Elections of Martin

573

County or otherwise provided by ordinance.

574

(2)

ELECTIONS.—

575

(a)

Adoption of Florida Election Code.—All elections

576

required under any section of this charter shall be conducted in

577

accordance with the Florida Election Code, chapters 97-106,

578

Florida Statutes, except as otherwise provided in this charter.

579

The council, by ordinance, may adopt such election procedures as

580

are necessary and as provided by the Florida Election Code,

581

chapters 97-106, Florida Statutes.

582

(b)

583

1.

At large elections.—
The first regular election of council members shall be

584

held on March 12, 2019, and thereafter will be 10 weeks before

585

the date of the general election in each even-numbered year,

586

unless this date is required to be changed to a date concurrent

587

with any countywide or statewide election.

588

2.

Electors may vote for one candidate from each of the

589

five council districts. The candidate in each district receiving

590

the highest number of votes in the town at-large election shall

591

be elected to such council district.

592
593

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3.

The term of office for an elected council member shall

begin immediately after official certification of the results of
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the election and shall expire upon the assumption of office by

595

his or her successor.

596

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4.

No election for a council member seat shall be required

597

if there is only one duly qualified candidate for the council

598

member seat.

599

(c)

Town canvassing board.—The town canvassing board shall

600

be composed of three members appointed by the council by

601

resolution. No member of the town canvassing board shall be an

602

active participant in the town election for which he or she is

603

canvassing, as the term "active participant" is interpreted by

604

the Division of Elections. If a vacancy occurs on the canvassing

605

board, the council shall appoint a replacement member by

606

resolution. The town canvassing board shall canvass the election

607

consistent with the requirements of general law and consistent

608

with and pursuant to any agreement between the town and the

609

Supervisor of Elections of Martin County. The canvassing board

610

shall certify the results of the election upon receipt of the

611

certification from the supervisor of elections. However, the

612

council may, by resolution, delegate the election canvassing

613

responsibilities for town elections to the county canvassing

614

board.

615

(3)

COUNCIL DISTRICTS; REDISTRICTING.—

616

(a)

There shall be five council districts. The districts

617

shall be as roughly equal in permanent population as practicable

618

according to the population figures available from the most
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recent Martin County population estimate determined by the

620

decennial United States Census. Legal descriptions for the

621

council districts located within the boundary of the Town of

622

Hobe Sound are as follows:
1.

District one: everything east of Gomez Avenue north of

624

Bridge Road and everything east of Federal Highway south of

625

Bridge Road.

626

2.

District two: Osprey Street to the north; Gomez Avenue

627

to the east; A1A/Dixie Highway to the west; and Bridge Road to

628

the south.

629

3.

District three: Osprey Street to the north; A1A/Dixie

630

Highway to the east; Federal Highway to the west; and Bridge

631

Road to the South.

632
633
634
635
636

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4.

District four: everything west of Federal Highway and

north of Bridge Road.
5.

District five: everything west of Federal Highway and

south of Bridge Road.
(b)

The district boundaries shall be reapportioned based

637

upon the official state and federal census. The council shall

638

adopt an ordinance containing the reapportionment within 6

639

months after the date of official publication of the most recent

640

official state and federal census, beginning with the 2020

641

census. District boundaries shall be reapportioned to create

642

districts of nearly equal population. Districts shall be

643

arranged in a logical and compact geographic pattern and shall
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promote fair representation. Service boundaries of public

645

facilities may be considered. The district boundaries may be

646

reapportioned on a more frequent basis in the event that

647

annexation or development impacts the ability to provide for

648

fair representation, as determined by the council.
(4)

RECALL.—The qualified voters of the town shall have

650

the power to remove from office any elected official of the town

651

in accordance with general law.

652

Section 9.

Initiative and referendum.—The powers of

653

initiative and referendum are reserved to the qualified

654

registered voters of the town. The election laws of the state

655

shall govern the exercise of the powers of initiative and

656

referendum under this charter.

657

Section 10.

658

(1)

General provisions.—

CODE OF ETHICS.—It is essential to the proper conduct

659

and operation of the town that the officers and employees of the

660

town be independent and impartial and for their offices not to

661

be used for private gain other than the remuneration provided by

662

law or ordinance. It is declared to be the policy of the town

663

that its officers and employees are agents of the people and

664

hold their positions for the benefit of the public.

665

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(2)

AMENDMENTS TO CHARTER.—This charter may be amended in

666

accordance with the provisions for charter amendments as

667

specified in the Municipal Home Rule Powers Act, chapter 166,

668

Florida Statutes, or as otherwise provided by general law.
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(3)

SEVERABILITY.—If any provision of this charter or the

application thereof to any person or circumstance is held

671

invalid, the invalidity shall not affect other provisions or

672

applications of this charter which can be given effect without

673

the invalid provisions or application, and to this end the

674

provisions of this charter are declared severable.

675

Section 11.

676

(1)

Referendum election; transition.—

REFERENDUM ELECTION.—The referendum election called

677

for by this act shall be held on August 28, 2018, at which time

678

the following question shall be placed upon the ballot:

680

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Shall the Town of Hobe Sound be created and its charter
adopted?

681

YES . . . .

682

NO . . . .

683
684

In the event this question is answered affirmatively by a

685

majority of voters voting in the referendum, the charter will

686

take effect as provided herein. The referendum election shall be

687

conducted by the Supervisor of Elections of Martin County in

688

accordance with the Florida Election Code, and the cost of such

689

election shall be funded by the Board of County Commissioners of

690

Martin County.

691

(2)

INITIAL ELECTION OF COUNCIL.—

692

(a)

After the adoption of this charter, the Supervisor of

693

Elections of Martin County shall call an election to be held on
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March 12, 2019, for the election of five council members. The

695

election shall be conducted by the Supervisor of Elections of

696

Martin County in accordance with the Florida Election Code, and

697

the cost of such election shall be funded by the Board of County

698

Commissioners of Martin County.
(b)

An individual who wishes to run for one of five

700

initial seats on the council shall qualify with the Supervisor

701

of Elections of Martin County in accordance with this charter

702

and general law. The qualifying period for the initial election

703

of the council shall begin at noon on the second Monday in

704

January and end at noon on the second Friday in January, unless

705

otherwise provided by law.

706

(c)

For the initial elections, the county canvassing board

707

shall certify the results of the elections in accordance with

708

general law.

709

(d)

The council members from districts 1, 3, and 5 shall

710

be elected to an initial term expiring upon certification of the

711

election results of the August 2022 election. The council

712

members from districts 2 and 4 shall be elected to an initial

713

term expiring upon certification of the election results of the

714

August 2020 election. Thereafter, all terms shall be for a

715

period of 4 years.

716

(3)

SCHEDULE.—

717

(a)

First election of council members.—At the time of its

718

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699

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adoption, this charter shall be in effect to the extent
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necessary so that the first election of members of the council

720

may be conducted in accordance with this charter.
(b)

Time of taking full effect.—This charter shall be in

722

full effect for all purposes on and after the date of the first

723

meeting of the newly elected council provided in paragraph (c).

724

(c)

First council meeting.— On March 20, 2019, provided

725

the results of the election of the council under this charter

726

have been certified, the newly elected members of the council

727

shall meet at a location to be determined. In the event the

728

results have not been certified by March 20, 2019, the newly

729

elected members shall meet on the following Tuesday. The initial

730

council shall have the authority and power to enter into

731

contracts, arrange for the hiring of legal counsel, begin

732

recruiting applicants for town manager, provide for necessary

733

town offices and facilities, and do such other things as it

734

deems necessary and appropriate for the town.

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721

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(4)

FIRST YEAR EXPENSES.—The council, in order to provide

736

moneys for the expenses and support of the town, shall have the

737

power to borrow money necessary for the operation of municipal

738

government until such time as a budget is adopted and revenues

739

are raised in accordance with this charter.

740

(5)

TRANSITIONAL ORDINANCES AND RESOLUTIONS.—

741

(a)

All applicable county ordinances currently in place at

742

the time of passage of the referendum, unless specifically

743

referenced in this charter, shall remain in place until and
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unless rescinded by action of the council, except that a county

745

ordinance, rule, or regulation that is in conflict with a town

746

ordinance, rule, or regulation shall not be effective to the

747

extent of such conflict. Any existing Martin County ordinances,

748

rules, and regulations, as of April 1, 2019, shall not be

749

altered, changed, rescinded, or added to, nor shall any variance

750

be granted without the approval of the council if such action

751

would affect the town.

753
754

(b)

The council shall adopt ordinances and resolutions

required to effect the transition.
(6)

TRANSITIONAL COMPREHENSIVE PLAN.—Until such time as

755

the town adopts a comprehensive plan, the Martin County

756

Comprehensive Plan, as it exists on the day that the town

757

commences corporate existence, shall remain in effect as the

758

town's transitional comprehensive plan. However, all planning

759

functions, duties, and authority shall thereafter be vested in

760

the council, which shall be deemed the local planning agency

761

until the council establishes a separate local planning agency.

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752

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(7)

TRANSITIONAL LAND DEVELOPMENT REGULATIONS.—To

763

implement the transitional comprehensive land use plan when

764

adopted, the town shall, in accordance with the procedures

765

required by the laws of the state, adopt ordinances providing

766

for land use development regulations within the corporate

767

limits. Until the town adopts ordinances, the following shall

768

apply:
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(a)

The comprehensive land use plan and land use

development regulations of Martin County, as the same exist on

771

the date that the town commenced corporate existence, shall

772

remain in effect as the town's transitional land use development

773

regulations and comprehensive land use plan.
(b)

All powers and duties of the Martin County Growth

775

Management and Building Departments, the Martin County Special

776

Magistrate, and the Board of County Commissioners of Martin

777

County, as provided in these transitional land use development

778

regulations, shall be vested in the council until such time as

779

the council delegates all powers and duties, or a portion

780

thereof, to another agency, department, or entity.

781

(c)

Subsequent to the adoption of a local comprehensive

782

land use plan and subject to general law, the council is fully

783

empowered to amend, supersede, enforce, or repeal the

784

transitional land use development regulations, or any portion

785

thereof, by ordinance.

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774

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(d)

Subsequent to the commencement of the town's corporate

787

existence, an amendment of the comprehensive land use plan or

788

land use development regulations enacted by the Board of County

789

Commissioners of Martin County shall not be deemed an amendment

790

of the town's transitional comprehensive land use plan or land

791

use development regulations or otherwise take effect within the

792

town's municipal boundaries.

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(8)

STATE-SHARED REVENUES.—The town shall be entitled to

794

participate in all revenue sharing programs of the state

795

effective April 1, 2019. The provisions of s. 218.23(1), Florida

796

Statutes, shall be waived for the purpose of conducting audits

797

and financial reporting through the end of the town fiscal year

798

2019-2020. For purposes of complying with s. 218.23(1), Florida

799

Statutes, relating to ad valorem taxation, the millage levied by

800

special districts may be used for an indefinite period of time.

801

Initial revised population estimates for calculating eligibility

802

for shared revenues shall be determined by the University of

803

Florida Bureau of Economic and Business Research. If the bureau

804

is unable to provide an appropriate population estimate, the

805

Martin County Office of Community Development shall provide the

806

estimate.

807

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(9)

LOCAL REVENUE SOURCES.—The town shall be entitled to

808

receive all local revenue sources available pursuant to general

809

law, including, but not limited to, the local communications

810

services tax imposed under s. 202.19, Florida Statutes. The

811

local communications services tax rate imposed by Martin County

812

will continue within the town boundaries during the period

813

commencing with the date of incorporation through January 1,

814

2020. Revenues from the tax shall be shared by Martin County

815

with the town in proportion to the projected town population

816

estimate of the Martin County Comprehensive Planning Division

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compared with the unincorporated population of Martin County

818

before the incorporation of the town.
(10)

LOCAL OPTION GAS TAX REVENUES.—Notwithstanding the

820

requirements of s. 336.025, Florida Statutes, the town shall be

821

entitled to receive local option gas tax revenue beginning on

822

October 1, 2019. These revenues shall be distributed in

823

accordance with general law or by an interlocal agreement

824

negotiated with the Board of County Commissioners of Martin

825

County.

826

(11)

CONTRACTUAL SERVICES AND FACILITIES.—Contractual

827

services for law enforcement, emergency management, public

828

works, parks and recreation, planning and zoning, building

829

inspection, development review, animal control, library

830

services, town manager or management firm, town attorney, and

831

solid waste collection may be supplied by a contract between the

832

town and the Board of County Commissioners of Martin County,

833

special districts, municipalities, or private enterprises until

834

such time as the council establishes such independent services.

835

However, existing solid waste contracts shall be honored as

836

required by s. 165.061(1)(f), Florida Statutes, and s. 10,

837

Article I of the State Constitution. Facilities for housing the

838

newly formed municipal operations may be rented or leased until

839

the town selects more permanent facilities.

840
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819

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(12)

MARTIN COUNTY MUNICIPAL SERVICE TAXING UNITS;

CONTINUATION.—Notwithstanding the incorporation of the Town of
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Hobe Sound, that portion of the Martin County Fire and Rescue

843

Municipal Service Taxing Unit, Parks and Recreation Municipal

844

Service Taxing Unit, Stormwater Municipal Service Taxing Unit,

845

and Roads Municipal Service Taxing Unit and special taxing

846

districts created by the Board of County Commissioners of Martin

847

County that lie within the boundaries of the Town of Hobe Sound

848

are authorized to continue in existence until the town adopts an

849

ordinance, resolution, or interlocal agreement to the contrary.
(13)

LAW ENFORCEMENT.—Law enforcement services shall be

851

provided by the Martin County Sheriff's Office until the town

852

adopts an ordinance or resolution or enters into an interlocal

853

agreement to the contrary.

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(14)

MARTIN COUNTY COMMUNITY REDEVELOPMENT AGENCY DISTRICT

855

(HOBE SOUND).—A portion of the Martin County Community

856

Redevelopment Agency District is located within the incorporated

857

limits of the Town of Hobe Sound. After incorporation, Martin

858

County and the town shall adopt ordinances and enter into

859

interlocal agreements to address the funding and taxation issues

860

associated with having a portion of the Martin County Community

861

Redevelopment Agency District encroach over the boundaries of

862

the town.

863

(15)

ELIMINATION OF TRANSITIONAL ELEMENTS FROM THIS

864

CHARTER.—Upon completion of the transitional phase provided in

865

this charter, the sections of the charter relating to transition

866

may be eliminated from this charter.
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Section 12.

This act shall take effect only upon its

868

approval by a majority vote of those qualified electors residing

869

within the corporate limits of the proposed Town of Hobe Sound

870

as described in section 3 voting in a referendum to be held on

871

August 28, 2018, except that this section and subsection (1) of

872

section 11 shall take effect upon becoming a law.

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