Palm Bay Charter Fight: Competing Visions on Constitutional Language, Elections, and Tax Cap

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Palm Bay Charter: Competing Visions on Constitutional Language, Elections, and Tax Cap

Palm Bay debates at-large elections, tax cap loopholes, and constitutional definitions at Feb 12 meeting

Feb 09, 2026

📌 QUICK FACTS:
🗓️ When: Thursday, February 12, 2026, at 6:00 PM
📍 Where: City Council Chambers, 120 Malabar Road SE
📺 Watch Live: City of Palm Bay website
🎯 Key Issues: Constitutional language, election reform, tax cap

Palm Bay, FL (Brevard County) – The Charter Review Commission meets Thursday, February 12, 2026, to debate proposals that would fundamentally reshape how the city defines its legal foundation and conducts elections. Two commissioners have submitted competing reform packages that reflect divergent approaches to charter governance: one seeking to embed ideological language into the city’s foundational definitions, the other pursuing structural election and fiscal reforms grounded in voter turnout data and legal precedent.

The meeting begins at 6:00 p.m. in City Council Chambers and will be broadcast live on the city’s website.

Constitutional Definitions Proposal Raises Legal Questions

Commissioner Ruth Kaufhold has proposed inserting explicit references to founding US documents and the Florida Constitution into Article I, Section 1.01 of the Charter. Her amendment would add language stating that whenever the word “Constitution” appears in the Charter, it refers specifically to the Declaration of Independence, the US Constitution, the Bill of Rights, and the Florida Constitution.

The proposal’s stated purpose is to “prevent any other forms of government to be defined as ‘The City of Palm Bay, FL’” and ensure “there is absolutely no question America is a Godly Constitutional Republic.” Kaufhold’s submission cites pending federal legislation including H.R. 5512 (the “No Sharia Act”), which would restrict courts from enforcing foreign law judgments that violate constitutional rights. The bill is co-sponsored by Congressman Mike Haridopolos, though none of the cited bills have been enacted into law.

The legal viability of the proposal remains unclear. Florida’s home rule framework grants municipalities authority over “municipal purposes” as defined in Article VIII, Section 2(b) of the state constitution. Legal experts generally interpret this as covering local government functions rather than ideological declarations about acceptable forms of law. No Florida municipal charter currently contains similar language in its definitional sections.

The Commission has not yet received a legal opinion from City Attorney Patricia Smith on whether the proposal falls within the Charter Review Commission’s authority or would survive potential First Amendment challenges.

Election Reform Package Targets “Seat Shopping” and Campaign Finance

Vice-Chair Thomas Gaume has submitted a two-part election modernization proposal that would eliminate the current numbered seat system and move all city races to the November general election.

Under the current system, candidates file for specific numbered seats on the City Council, creating what Gaume characterizes as a “seat shopping” problem where candidates strategically choose seats based on perceived opponent weakness. His proposal would implement a “Single Pool At-Large” system where all candidates run together and the top vote-getters win regardless of seat designation.

The second component would eliminate the August primary election entirely, moving all contested races directly to the November general ballot. This change carries significant campaign finance implications under Florida Statute 106.08, which treats primaries and general elections as separate events for contribution limit purposes.

Under current law, an individual donor can contribute $1,000 to a candidate in the primary and another $1,000 in the general election. Eliminating the primary would cut maximum individual donor influence by exactly 50 percent.

Gaume’s proposal cites voter turnout data showing November general elections typically draw two to three times higher participation than August municipal primaries. Historical Brevard County data shows general election turnout ranging from 45 to 75 percent depending on whether it’s a presidential or midterm year, compared to 15 to 25 percent for municipal-only primary elections.

Legal Precedent Supports Single Pool Approach

The proposal references Holloway v. City of Virginia Beach, a 2021 federal case in which the court struck down Virginia Beach’s ward-based residency district system for at-large council elections. The court found the system violated the Voting Rights Act by creating “effective districts” without following proper redistricting requirements to maintain equal population.

Gaume argues this precedent undermines any “quadrant model” approaches that would require council members to live in specific geographic areas while being elected at-large. A Single Pool system with no residency restrictions beyond city limits avoids this legal exposure entirely.

The proposal also notes a practical benefit: eliminating the primary would reduce the duration of campaign season by half, cutting the volume and timeline of campaign signs on city rights-of-way.

Three Percent Cap Strengthening Targets Semantic Loopholes

Gaume’s second proposal addresses Article VI, Section 6.01, which currently limits annual growth in ad valorem tax revenue to three percent unless City Council finds an “emergency or critical need” exists. His amendment would remove the subjective emergency language and replace it with a strict requirement that four of five council members vote to exceed the cap.

The three percent cap has generated strong voter support in two separate ballot tests. In 2016, voters approved the cap with 70.97 percent support. In 2022, when City Council placed a repeal question on the ballot, voters rejected the repeal with 64.93 percent voting to keep the cap in place.

Budget records show the “emergency or critical need” language has been invoked or debated during at least three budget cycles since 2016, with extended discussions over whether infrastructure backlogs or revenue shortfalls meet the threshold. Gaume’s proposal argues these debates waste time and create loopholes in what voters intended as a hard fiscal constraint.

Under the proposed language, any increase beyond three percent would require a consensus of four council members, providing an objective procedural hurdle rather than a subjective standard open to interpretation.

Previously Approved Amendments Set for Council Review

The Commission has already approved several amendments during its 2025-2026 review cycle, including changes to vacancy filling procedures, petition signature requirements (reduced from 10 percent to 4.5 percent of registered voters), and citizenship requirements for the City Clerk, City Attorney, and City Manager positions.

City Attorney Smith previously advised the Commission that not all approved amendments may be forwarded to City Council for ballot placement, and that ballot language is drafted by outside counsel at significant expense. Commissioner Eileen Sepp has suggested a joint workshop between the Charter Review Commission and City Council to review all recommended changes before committing to ballot language preparation.

The February 12 agenda also includes review of Article I (Creation, Powers, and Definitions) and Article V (Qualifications and Elections) beyond the specific proposals already submitted.

What Happens Next

Thursday’s meeting will include public comment opportunities both before and during consideration of specific agenda items. Speakers are limited to three minutes per item.

Any amendments approved by the Commission will be forwarded to City Council as recommendations. City Council has final authority over which proposed amendments are placed on the ballot for voter consideration. If the Commission and Council reach agreement on specific amendments, outside counsel will draft formal ballot language for a future election.

The Charter Review Commission typically convenes every few years to evaluate whether the city’s governing document requires updates to reflect changes in state law, operational realities, or voter preferences.

Residents can watch the meeting live at the City of Palm Bay website or attend in person at City Hall, 120 Malabar Road SE.