Brevard County Charter Articles 6 - 8

7.2.1 Continuation of laws, ordinances and contracts

Unless expressly provided otherwise in this Charter, the adoption of this Charter shall not affect any existing contracts or obligations of Brevard County; the validity of any of its laws, ordinances, regulations, and resolutions; or the term of office of any elected County officer, whose term shall continue as if this Charter had not been adopted.

7.2.2 Initial County Commissioners

The persons comprising the Brevard County Board of County Commissioners on the effective date of this Charter shall become the initial members of the Board of County Commissioners of the charter government and shall perform the functions thereof until the expiration of their terms or until qualification of their successors as provided by law.

7.2.3 Initial County Officers

The persons holding office as the Clerk of Circuit Court, Sheriff, Property Appraiser, Tax Collector and Supervisor of Elections of Brevard County shall constitute the County Officers of like name recognized under this Charter and shall perform the functions thereof until the expiration of their respective terms of office or until qualification of their respective successors as provided by law. All duties and employees of the elected County Officers shall, on the effective date of this Charter, continue as deputies and employees of the respective elected officers under this Charter, and all existing wages, benefits, agreements and conditions of employment of such deputies and employees shall continue in effect. The County Administrator and County Attorney employed on the effective date of this Charter shall serve as the County Manager and County Attorney respectively, subject to termination and replacement as provided herein.

7.2.4 Employee continuation

All employees of the former County Government shall on the effective date of this Charter become employees of the County Government created by this Charter. All existing wages, benefits, collective bargaining certifications and agreements, contracts and conditions of employment shall continue, until modified by lawful action of the Board of County Commissioners.

7.2.5 Continuation of agencies and advisory bodies

All existing appointments or designations of nongovernmental agencies or corporations to act as official agencies of the County shall remain in full force and effect in accordance with the terms of such appointment and the provisions of this Charter. All members of advisory boards, resource groups or committees appointed for terms expiring after the effective date of this Charter shall continue to serve their terms without necessity of reappointment under this Charter.

7.2.6 Outstanding bonds

All bonds, revenue certificates, and other financial obligations of the county outstanding on the effective date of this Charter shall be obligations of the charter government. All actions taken by the former government relating to the issuance of such obligations are hereby ratified and confirmed. Payment of such obligations and the interest thereon shall be made solely from and charged solely against funds derived from the same sources from which such payment would have been made had this Charter not taken effect.

7.3.1 Amendment by the Board of County Commissioners

The Board of County Commissioners, upon the concurrence of not less than four members, shall have the authority to propose amendments to this Charter not inconsistent with the State Constitution and with general law.

7.3.2 Amendment by petition

Amendments to this Charter may be proposed by a petition signed by at least four percent (4%) of the electors from each County Commission District, provided that any such amendment shall embrace but one subject matter directly connected therewith in the manner set forth in subsections 7.3.2.1 through 7.3.2.4 below. ^[3]

7.3.2.1 Each amendment shall embrace but one subject and matter directly connected therewith. The amendment shall not extend to existing budgets, existing debt obligations, existing capital improvement obligations, salaries of non-elected County officers and employees, the collection of taxes or rezoning of less than five per cent (5%) of the total land area of the County.

7.3.2.2 The sponsor of the measure shall register as a political committee as required by general law, and shall submit a petition setting forth the ballot title, substance and text of the proposed amendment to the Supervisor of Elections. The sponsor must then obtain the signatures on the petition of at least 1% of the electors from each County Commission district and then resubmit the signed petitions to the Supervisor of Elections for verification that the electors signing the petition are qualified voters. When the Supervisor of Elections has verified the signatures, the Supervisor shall report such verification to the Board of County Commissioners.

7.3.2.3 Once the signatures are verified, the County Commission, at the county's expense, shall empanel a panel of three persons to determine whether the proposed amendment and ballot language embraces one subject only and is consistent with the Florida Constitution, general law and this Charter. The persons serving on the panel shall have demonstrated experience in Florida local government law and shall either be licensed to practice law in the State of Florida or have retired from a Florida law practice or the Florida judiciary within the past five years.

7.3.2.4 ^[4] If at least two members of the panel find that the proposed amendment is consistent with the Florida Constitution, general law and this Charter, then such consistency shall be presumed and the petition shall be returned to the sponsor who must thereafter obtain enough signatures from electors in each county commission district to bring the total number of petition signatures to at least 4% of the qualified electors in each county commission district. The verification procedures for signatures on initiative petitions set forth in Section 5.1.1 of this Charter shall thereafter be followed.

Since this charter does not provide the Board, or the Petitioner with an avenue to determine whether proposed amendments are consistent with the State Constitution or general law, the proposed amendment will be governed by Section 1.3 and Section 1.6 of this charter, and the proposed amendment will be placed on the ballot for approval or rejection. The sponsor of an amendment shall, prior to obtaining signatures, submit the text of the proposed amendment to the Supervisor of Elections, with the proposed ballot summary and the form on which signature will be affixed. The procedures for initiative petitions set forth in Section 5.1.1 of this Charter shall thereafter be followed. The power to amend this Charter by initiative shall not extend to existing budgets, existing debt obligations, existing capital improvement programs, salaries of non-elected County officers and employees, the collection of taxes, or the rezoning of less than five percent (5%) of the total land area of the County.

7.3.3 Amendment referendum.

The board of county commissioners will cause any charter amendment proposed under section 7.3.1. or 7.3.2. to be submitted to the electors for their approval or rejection. Upon receipt of the official certification from the supervisor of elections that the initiative requirements have been met, the board will, within 30 days, establish the referendum date. The proposed amendment will be placed on the ballot at a special election held concurrent with the next countywide election, or at any earlier special election called for that purpose. If the board refuses to comply with Section 7.3.2 or refuses to place the proposed amendment on the ballot as required by this section of the charter, the board's action may be construed as interfering with the right of the people to petition and may be considered an act of malfeasance within the meaning of Article IV, Section 7(a) of the State Constitution.

Notice of said referendum, together with the language of the proposed amendment, shall be published once a week for four (4) consecutive weeks in a newspaper of general circulation in the county, the first publication being not more than forty-five (45) days prior to the referendum. Passage of proposed amendments shall require approval by a vote of at least sixty percent of the electors voting on the measure.

Amended 11/07/2000

7.4.1 Independent Review of Proposed Charter Amendments

1. For any proposed amendment sponsored by the County Commission or the Charter Review Commission, the County Commission, at the county’s expense, shall empanel a panel of three persons to determine whether the proposed amendment and ballot language embraces one subject only and is consistent with the Florida Constitution, general law and this Charter. The persons serving on the panel shall have demonstrated experience in Florida local government law and shall either be licensed to practice law in the State of Florida or have retired from a Florida law practice or the Florida judiciary within the past five years.

2. If at least two members of the panel find that the proposed amendment embraces only one subject and is consistent with the Florida Constitution, general law and this Charter, the County Commission shall place the proposed charter amendment on the ballot for consideration at a referendum at a special election held concurrently with the next countywide election or at an earlier special election called for that purpose. Notice of the election shall conform to the requirements set forth in the last paragraph of section 7.3.3. in this Charter. Passage of a proposed charter amendment shall require approval by a majority of the registered electors voting in the special election.

3. (a) Under section 7.4.1.1., when a proposed amendment is sponsored by the charter review commission, members of the three person panel shall be selected by the charter review commission. The three person panel shall report directly and maintain a fiduciary duty to the charter review commission.

3. (b) The three person panel shall submit its findings for each proposed amendment to the board of county commissioners and the charter review commission within fifteen (15) days of receipt and shall include a comprehensive written report containing the panel's conclusion(s) for each proposal. If two members of the three person panel reject the proposed amendment, the proposal shall be promptly returned to the charter review commission for a reasonable opportunity to cure any defect. The panel's written report must include, with specificity, the rationale for rejecting the proposed language and a suggested manner in which the defect(s) may be resolved. Notwithstanding section 7.4 of this charter, the term of the charter review commission shall be extended for the sole purpose of further considering any charter amendment proposal rejected by the three person panel. ^[5]

7.4.2 Analysis of fiscal impact of proposed charter amendment

The Charter Review Commission shall obtain an analysis of the fiscal impact of a proposed charter amendment prior to transmittal of the proposed charter amendment to the County Commission.

Adopted 11/02/2022