ARTICLE 1

CREATION, POWERS AND ORDINANCES OF HOME RULE CHARTER GOVERNMENT

SECTION 1.1. CREATION AND GENERAL POWERS OF HOME RULE CHARTER GOVERNMENT

WE, THE PEOPLE of Brevard County, residing in the constituent State of Florida of the United States of America, grateful for and secure in our protected individual rights, and in affirmation of dedication to the Constitutions and laws of the United States and of the State of Florida, do ordain and establish this Home Rule Charter for the execution of our County Government for the most common benefits to all our inhabitants. Brevard County shall be a home rule charter county, and, except as may be limited by this Home Rule Charter, shall have all powers of self-government granted now or hereafter by the Constitution and laws of the State of Florida. (Amd. 11-7-2004)

SECTION 1.2. BODY CORPORATE, NAME AND BOUNDARIES

Brevard County shall be a body corporate and politic. The corporate name shall be Brevard County. The county seat and boundaries shall be those designated by the law on the effective date of this Charter.

SECTION 1.3. CONSTRUCTION

The powers granted by this Home Rule Charter shall be construed liberally in favor of the charter government. The enumeration of certain rights and powers in this charter shall not limit, deny or disparage the right of the people of Brevard County to the fullest measure of home rule authority allowed by the State Constitution to the citizens of charter counties.

SECTION 1.4. SPECIAL POWERS AND DUTIES OF COUNTY

The County, operating under this Charter, shall have all special powers and duties which are not inconsistent with this Charter, heretofore granted by State or Federal law to the Board of County Commissioners, and shall have such additional county and municipal powers as may be required to fulfill the intent of this Charter.

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. (Amd. 11-3-98)

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.

SECTION 1.5. DIVISION OF POWERS

This Charter hereby establishes the separation between legislative and executive functions of Brevard County government. The establishment and adoption of policy shall be the responsibility of the Board of County Commissioners and the execution of that policy shall be the responsibility of the County Manager.

SECTION 1.6. RELATION TO STATE LAW

The provisions of this Charter are not intended, and shall not be construed, to conflict with the Constitution of the State of Florida, general law, or special law approved by vote of the electorate.

SECTION 1.7. RELATION TO MUNICIPAL ORDINANCES

Except as otherwise provided by State or Federal law, municipal ordinances shall prevail over County ordinances to the extent of any conflict. To the extent that a County ordinance which is specifically applicable to the incorporated area and a municipal ordinance shall cover the same subject without conflict, then both the municipal ordinance and the County ordinance shall be effective, each being deemed supplemental to the other.

Top