Brevard County Charter Articles 1 and 2

1.4.1 Tax millage

Subject to the reserved powers of the people under Article 5 of this Charter, the County shall have all necessary powers to levy taxes and to accomplish county and municipal purposes. Property situated within municipalities shall not be subject to taxation for services rendered by the County exclusively for the benefit of property or residents not within municipal boundaries, nor shall property situated in the unincorporated area of the county be subject to taxation for the benefit of the property or residents within municipal boundaries. To this end the Board of County Commissioners may by ordinance, subject to the limits set forth in Section 5.4.1. of this Charter, create districts for the purpose of levying ad valorem taxes and special assessments to pay for the furnishing of municipal services, and the tax imposed shall be within the limits of millage set for municipal purposes. Should such services be furnished within a municipality, the total millage levied by the municipality and the county district levy for municipal purposes shall not exceed the maximum millage set by law for municipal purposes.

Amended 11/03/1998

1.4.2 Transfer of powers

The County shall have the power and authority to assume and perform all functions and obligations now or hereinafter performed by any municipality, special district or agency whenever such municipality, special district or agency shall request the performance or transfer of the function to the County.

(a) The Brevard County Workforce and Supportive Housing Trust Fund is hereby established.

(b) Purpose of Trust Fund. The purpose of the trust fund is to provide a continuing, non-lapsing fund for Brevard County to use to address the need for affordable housing within Brevard County. The trust fund shall be used to create and sustain affordable housing throughout Brevard County for renters and homeowners and to increase workforce housing opportunities.

(c) Revenue sources. The trust fund shall be funded as directed from time to time by the county commission and may be comprised of the following sources:

(1) Funds from the sale of county surplus real property, the funds which are not otherwise legally committed to other sources; and

(2) Other sources as established from time to time by ordinance.

(d) Continuing nature of trust fund. Unless otherwise provided by ordinance or resolution or required by applicable law, unspent portions of the trust fund, repayments of principal and interest on loans provided from the trust fund, and interest earned from the deposit or investment of monies from the trust fund:

(1) Shall remain in the trust fund to be used exclusively for the purposes of the trust fund;

(2) Shall not revert to the general revenues or other funds of the county; and

(3) Any appropriations shall not lapse.

(e) Implementation. Not later than July 1, 2023, the county commission shall adopt one or more ordinances implementing the provisions of this section, which ordinances may be amended from time to time.

2.8.1 Organizational Meeting.

An annual organizational meeting of the Board of County Commissioners shall be held on the third Tuesday after the first Monday in November. At its organizational meeting the Board shall elect a Chair and Vice-Chair by majority vote of those Commissioners present, to serve until the next organizational meeting. The Chair shall not be eligible for consecutive re-election, and the succeeding Chair shall not be a Commissioner from the same district.

2.8.2 Special Meetings.

Special meetings may be held upon the call of the chairman or two (2) or more Commissioners. Upon a call for a special meeting, the County Manager shall give public notice of the time, place and purpose of the meeting as prescribed by law. Action by the Board of County Commissioners at a special meeting shall be limited to the purpose for which the special meeting was called.

2.8.3 Location of Meetings.

The Board of County Commissioners shall hold its regular and special meetings at the Viera Government Center except that it may determine, from time to time, another place or places within the County at which the Board of County Commissioners shall meet specially for the purpose of conducting its business. Notice of the time and place shall be published in a daily newspaper of general circulation in the County at least one (1) week prior to the holding of any such meeting outside the Viera Government Center. Such notice shall contain an agenda of all matters to be acted upon.

2.9.1 Appoint and reappoint a County Manager and a County Attorney by a majority vote of the total number of Commissioners, and remove the County Manager or County Attorney during a contract term by a majority vote of the total number of Commissioners.

2.9.2 Adopt such ordinances as may be necessary to carry out both the County and municipal powers and purposes.

2.9.3 Review the budgetary requests, including salaries, and make the final budgetary determinations and appropriations for:

(a) All County Governmental operations including but not limited to County management;

(b) All administrative departments of the government;

(c) Boards and special authorities and tax districts which request a portion of the millage levied for County purposes under the State Constitution;

(d) Boards and special authorities and tax districts which request a portion of such other millage as may be levied by the County for municipal service districts.

2.9.3.1 Limitations on growth in ad valorem tax revenues.

(a) Unless otherwise allowed by this subsection 2.9.3.1, the Board of County Commissioners shall not impose any ad valorem tax for county purposes at a millage rate which causes the budgeted revenue there from to the County to increase over the budgeted ad valorem revenue for the previous fiscal year by more than the lesser of: (1) three percent, or (2) the percentage change in the Consumer Price Index from the preceding calendar year, as measured in accordance with Section 193.155(1)(b), Florida Statutes (as that Section exists in 2008 or may thereafter be amended or transferred).

(b) Unless otherwise allowed by this subsection 2.9.3.1, the Board of County Commissioners shall not impose any ad valorem tax for municipal purposes within any municipal services taxing unit, or for district purposes of any district for which the Board has the power to fix or approve the millage rate, at a rate which, for such unit or district, causes the budgeted revenue of the unit or district from ad valorem taxes to increase over the budgeted ad valorem revenue for the previous fiscal year by more than the lesser of (1) three percent, or (2) the percentage change in the Consumer Price Index from the preceding calendar year, as measured in accordance with Section 193.155(1)(b), Florida Statutes (as that Section exists in 2008 or may thereafter be amended or transferred).

(c) Notwithstanding paragraphs (a) and (b) of this subsection, the Board of County Commissioners may impose an ad valorem tax for county, municipal or district purposes at a rate which exceeds the limitations in paragraphs (a) and (b), if a supermajority of the Board concurs in a finding that such an excess is necessary because of emergency or critical need. The finding shall set forth the ultimate facts upon which it is based, and shall be valid for a single budget year.

(d) In calculating the allowable increase in ad valorem revenues over the ad valorem revenues budgeted for the previous year under paragraphs (a) and (b) of this subsection, the Board of County Commissioners shall exclude from the anticipated revenues all revenue changes from the following kinds of property not appearing on the previous year's roll: (1) new construction; (2) additions to or demolitions in whole or in part of existing construction; (3) changes in the value of improvements that have undergone renovation to an extent of not less than 100% increase in assessed value (as measured from the last year of assessment prior to commencement of renovation); and (4) in the case of municipal service taxing units or districts, any properties added since the previous year's roll by reason of boundary changes.

(e) Nothing in this subsection shall authorize imposition of a millage rate which exceeds the rate prohibited by the constitution or general laws of Florida , or prohibit imposition of a millage rate which is required by the constitution or general laws of Florida or by any final order of a court of competent jurisdiction. Nothing in this subsection shall apply to any millage necessary to the payment of general obligation bonds in accordance with all bond covenants, or to any other millage approved by referendum of the electors, whether before or after the effective date of this subsection.

Amended 11/04/2008

2.9.4 In addition to its internal audits and such State audits as may be required by law, cause an annual independent post-audit by a certified public accountant of any and all government operations of County Government.

2.9.5 Adopt and amend a merit system which shall include a salary schedule for all County personnel in accordance with the provisions of this Charter.

2.9.6 Adopt by a majority vote of the total number of Commissioners such rules of parliamentary procedures as shall be necessary for the orderly transaction of the business of the Board of County Commissioners.

2.9.7 Designate which non-elected officers and employees shall be bonded and fix the amount and approve the form of the bond.

2.9.8 Exercise any power of the County not lodged in any other office by this Charter.

2.9.9 Impose such utility taxes as are authorized by general law only after approval of the electors of the County or the affected portion thereof at a duly called referendum.

2.9.10 Citizens process for advising the County Commission

The Board of County Commissioners shall develop procedures that will provide a mechanism for an individual, or an organized group of individuals to submit a formal written recommendation for the enhancement of the effectiveness and efficiency of County government to the County Commission on an annual basis. The County Commission’s procedures shall include the following provisions:

(a) An annual filing date;

(b) The written recommendations shall be reviewed by the County Commission, and following the review, the County Commission shall vote to either accept the recommendation, accept the recommendation with revisions, or reject the recommendation, and

(c) The County Commission's final vote and consideration of the recommendation shall occur no later than 120 days after receipt of the written recommendation.

2.10.1 Official actions.

The Board of County Commissioners may take official action only by the adoption of ordinances, resolutions or motions. For purposes of this section, an ordinance means a legislative action or regulation of a general or permanent nature, enforceable as a local law. A resolution means an expression of a temporary character, or a provision for the disposition of the administrative business of the Board. A majority of the total number of Commissioners shall constitute a quorum, and the concurrence of a majority of the total number of Commissioners shall be required to adopt, amend or repeal any ordinance. A majority of those present shall be required to adopt, amend or repeal a resolution or motion under the terms of this provision. All Commissioners in attendance, including the chairman or presiding officer, shall vote on all actions, except where abstention of a Commissioner from voting is permitted or required by law.

2.10.2 Code of ordinances; public records.

The Board of County Commissioners shall provide for convenient public access, at multiple locations throughout the County, including all public libraries, true copies of the minutes of meetings, ordinances, resolutions and budget documents adopted by the Board of County Commissioners. The Board shall also create and maintain a codification system for all ordinances currently in force. Such codification shall be published and made available for public inspection, copying and subscription on a continuing basis.