HB 1359

1	A bill to be entitled
2	An act relating to Pinellas County; creating the Town of
3	Palm Harbor; providing a charter; providing legislative
4	intent; providing a council-manager form of government;
5	providing boundaries; providing municipal powers;
6	providing for a town council; providing for membership,
7	qualifications, terms, powers, and duties of council
8	members, including the mayor and vice mayor; providing for
9	election and terms of office; providing circumstances
10	resulting in vacancy in office; providing grounds for
11	forfeiture and suspension; providing for filling of
12	vacancies; providing for compensation and expenses;
13	providing for appointment of charter officers, including a
14	town manager and town attorney; providing for removal,
15	compensation, and filling of vacancies; providing
16	qualifications, powers, and duties; providing for
17	appointment of a town clerk; providing for expenditures of
18	town funds and establishment of town boards and agencies;
19	providing for meetings; providing for adoption of a code
20	of technical regulation; providing for emergency
21	ordinances and appropriations; providing for
22	recordkeeping; providing limitations on employment and
23	officeholding of council members; prohibiting certain
24	interference with town employees; establishing the fiscal
25	year; providing for adoption of annual budget and
26	appropriations; providing for supplemental appropriations;
27	providing for reduction and transfer of appropriations;
28	providing limitations; providing for referendum
29	requirements for revenue bonds and other multiyear
30	contracts; providing for financial audit; providing for
31	nonpartisan elections and matters relative thereto;
32	providing for recall; providing for a charter review
33	committee and future amendments of the charter; providing
34	for standards of conduct in office; providing for
35	severability; providing for a personnel system; providing
36	for charitable contributions; providing for land use
37	changes; providing a transitional schedule and procedures
38	for a first election; providing for first-year expenses;
39	providing for adoption of transitional ordinances,
40	resolutions, comprehensive plans, and local development
41	regulations; providing for continuation of the
42	communications services tax; providing for accelerated
43	entitlement to state shared revenues; providing for
44	receipt and distribution of fuel tax revenues; providing
45	for participation in the local government infrastructure
46	surtax; providing a waiver of certain statutory
47	requirements; providing for continuation of those portions
48	of the Palm Harbor Special Fire Control District, the Palm
49	Harbor Community Services District, the East Lake Tarpon
50	Special Fire Control District, and the Pinellas County
51	Library Services District lying within the town
52	boundaries; providing for law enforcement; requiring a
53	referendum; providing effective dates.
54
55	Be It Enacted by the Legislature of the State of Florida:
56
57	Section 1.  Charter; creation; form of government;
58	boundaries and powers.--
59	(1)  CHARTER; CREATION.--
60	(a)  This act, together with any future amendments thereto,
61	may be known as the "Charter of the Town of Palm Harbor" (the
62	"charter"), and the Town of Palm Harbor (the "town") is hereby
63	created.
64	(b)  It is in the best interests of the public health,
65	safety, and welfare of the residents to form a separate
66	municipality for the incorporating communities with all the
67	powers and authority necessary to provide adequate and efficient
68	municipal services.
69	(c)  It is intended that this charter and the incorporation
70	of the Town of Palm Harbor will serve to preserve and protect
71	the distinctive characteristics of the communities that wish to
72	join the incorporation. The town shall practice good stewardship
73	of the natural environment, including its trees, waters, and
74	preserve lands.
75	(d)  It is the intent of this charter and the incorporation
76	of the town to secure the benefits of self-determination and
77	affirm the values of representative democracy, citizen
78	participation, strong community leadership, professional
79	management, and regional cooperation.
80	(2)  FORM OF GOVERNMENT.--The town shall have a council-
81	manager form of government.
82	(3)  CORPORATE BOUNDARIES.--The corporate boundaries of the
83	Town of Palm Harbor shall be described as follows:
84
85	Begin at the intersection of the centerline of the
86	Intracoastal Waterway and the westerly extension of the
87	centerline of Klosterman Road. Thence run East by the
88	Centerline of Klosterman Road and the westerly extension
89	thereof to the West 1/4 corner of Section 19, Township 27
90	South, Range 16 east; thence S. 0°14'32" E. along the West
91	line of said Section 19, 1333.85 feet to the Southwest
92	corner of Lot 56, Tampa and Tarpon Springs Land Company
93	Sub. As recorded in Plat Book H1 Page 116 of the official
94	records of Hillsborough County, of which Pinellas County
95	was formerly a part; thence S. 87°48'12" E. along the
96	South Line of Lots 56 and 52 of said subdivision, 1740.84
97	feet; thence N. 0°33'31" W. along the Southerly extension
98	of the East line of Lot 51 of said subdivision and the
99	East Line of Lot 51, 1385.80 feet to the East and est.
100	centerline of said Section 19, said centerline also being
101	the centerline of Klosterman Road; thence run East by the
102	centerline of Klosterman Road and the Easterly extension
103	thereof to the center of Lake Tarpon; thence southeasterly
104	through the waters of Lake Tarpon and the Lake Tarpon
105	Outfall Canal to the centerline of Curlew Rd. (S.R. 586);
106	thence West by the centerline of Curlew Rd. (S.R. 586) to
107	a point on the North-South centerline of the Northwest 1/4
108	of Section 14, Township 28 South, Range 15 East; thence
109	North by the North-South centerline of the Northwest 1/4
110	of said Section 14 to the North Section line of said
111	Section 14; thence West on said section line and
112	continuing West on the North Section line of Section 15,
113	Township 28 South, Range 15 East to the centerline of the
114	Intracoastal Waterway; thence North on said centerline of
115	the Intracoastal Waterway to the Point of Beginning.
116
117	If the Ozona Community votes "No," less the Ozona
118	Community as follows:
119
120	Those adjacent parcels located to the west of and within
121	and the following boundary;
122
123	Include parcel 02/28/15/00000/310/0200, then starting at
124	the southeast corner of said parcel run in a southward
125	direction until meeting the northeast corner of parcel
126	02/28/15/47214/000/0080;
127
128	Thence run in an eastward direction to the northeast
129	corner of parcel 02/28/15/97380/001/0001;
130
131	Thence run in a southward direction until intersecting
132	with the center line of Pennsylvania Avenue;
133
134	Thence follow the centerline of Pennsylvania/Virginia
135	Avenue until it intersects with the centerline of the
136	Pinellas Trail;
137
138	Thence following the centerline of the Pinellas Trail in a
139	southerly direction until it intersects with Orange
140	Street;
141
142	Thence westerly along the northern boundary line of
143	Section 14, Township 28 South, Range 15 East to the
144	northeastern corner of Section 15, Township 28 South,
145	Range 15 East;
146
147	Thence continue westerly along the prolongation of the
148	northern boundary line of the northwest quarter of said
149	Section 14 a distance of 4880.77 feet to a point on the
150	centerline of the Intracoastal Waterway in St. Joseph's
151	Sound, Pinellas County, Florida.
152
153	If the Crystal Beach Community votes "No," less the
154	Crystal Beach Community as follows:
155
156	Those adjacent parcels located to the west of and within
157	and the following boundary;
158
159	Starting at the northwest corner of parcel
160	35/27/15/35585/000/0010 then run in an easterly direction
161	along the northern borders of said parcel and the adjacent
162	lot numbers 20, 30 and 40 to the northeast corner of
163	parcel 35/27/15/35585/000/0040;
164
165	Thence running in southerly direction until intersecting
166	with the centerline of the Pinellas Trail;
167
168	Thence following the centerline of the Pinellas Trail in a
169	southerly direction until parallel with the northwest
170	corner of parcel 35/27/15/00000/230/1520, then follow the
171	northern border of said parcel in an easterly direction
172	until reaching parcel 35/27/15/00000/240/1400;
173
174	Thence follow the border of parcel 35/27/15/00000/240/1400
175	southward until arriving at the southwest corner of the
176	parcel, then follow the southern border of said parcel in
177	an easterly direction until parallel with the northwest
178	corner of parcel 35/27/15/19872/080/0090;
179
180	Thence run in a southward direction until intersecting
181	with the centerline of the Pinellas Trail;
182
183	Thence following the centerline of the Pinellas Trail in a
184	northwesterly direction until parallel with the northeast
185	corner of parcel 35/27/15/19872/004/0070, then run in a
186	westerly direction to the northeast corner of the parcel,
187	then follow the eastern border of the parcel to the
188	southeast corner of said parcel;
189
190	Thence run in a southwestward direction to the northeast
191	corner of parcel 35/27/15/19872/011/0030, then follow the
192	eastern border of the parcel to the southeast corner of
193	said parcel;
194
195	Thence follow a southward direction to the northwest
196	corner of parcel 35/27/15/19872/001/0080, then run in a
197	easterly direction to the northwest corner of the parcel,
198	then follow the eastern border of the parcel to the
199	southeast corner of said parcel;
200
201	Thence run in a southeastward direction to the northeast
202	corner of parcel 35/27/15/19872/012/0050;
203
204	Thence run in a southeastward direction to the northeast
205	corner of parcel 35/27/15/47378/000/0040, then follow the
206	eastern border of the parcel to the southeast corner of
207	said parcel;
208
209	Thence run southward until intersecting with the
210	centerline of the Sutherland Bayou channel, then following
211	in a southwesterly direction the centerline of the
212	Sutherland Bayou channel to the beginning of St. Joseph
213	Sound.
214
215	If the East Lake Community votes "Yes," including the East
216	Lake Community as follows:
217
218	Begin at the Northeast Corner of Section 1, Township 27
219	South, Range 16 East, Pinellas County, Florida; thence run
220	south along the said East Section Line
221	(Hillsborough/Pinellas County Line) to the East-West Half
222	Section Line of Section 1, Township 28 South, Range 16
223	East; thence West along said Half Section Line to the
224	Easterly right-of-way Line of Florida Power Corporation;
225	thence South along said right-of-way Line to the East-West
226	Half Section Line of Section 12, Township 28 South, Range
227	16 East; thence East along said Half Section Line to the
228	Northeast Corner of Florida Power Corporation Substation;
229	thence South along the East Line of said Substation to the
230	South Section Line of said Section 12; thence East to the
231	East Section Line of Section 13, Township 28 South, Range
232	16 East (Hillsborough/Pinellas County Line); thence South
233	along said County Line to the South Line of the Northeast
234	1/4 of the Southeast 1/4 of said Section 13; thence West
235	along said Line to the Westerly right-of-way Line of
236	Florida Power Corporation; thence North along said right-
237	of-way line to the North Section Line of said Section 13;
238	thence West along said Section Line to the North-South
239	Center Section Line of Section 12, Township 28 South,
240	Range 16 East; thence North along said Center Section Line
241	to the South Right-of-way line of Florida Power
242	Corporation; thence West along said right-of-way Line to
243	the West Line of Section 11, township 28 South, Range 16
244	East; thence North along said West Line to the North
245	right-of-way Line of said Florida Power Corporation;
246	thence East along said right-of-way Line to the East Line
247	of the Northwest 1/4 of the Southwest 1/4 of said Section
248	12; thence North along said Easterly Line to the East-West
249	Centerline of said Section 12, thence East along said
250	Centerline to the West Line of the East 1/2 of the East
251	1/2 of the Northwest 1/4 of said Section 12; thence North
252	along said line to the North Section Line of said Section
253	12; thence East along said line to the North-South
254	Centerline of Section 1, Township 28 South, Range 16 East;
255	thence North along said line a distance of 491.97 feet;
256	thence North 75 00'00" east to the West right-of-way Line
257	of Florida Power Corporation; thence North along said
258	right-of-way Line to the East-West Centerline of said
259	Section 1; thence West along said line a distance of
260	1,837.78 feet; thence North to the South Line of the
261	Northeast 1/4 of the Northwest 1/4 of said Section 1;
262	thence West along said line to the West Line of the
263	Northeast 1/4 of the Northwest 1/4 of said Section 1;
264	thence North along said line to the North Line of the
265	Southwest 1/4 of the Southwest 1/4 of Section 36, Township
266	27 South, Range 16 East; thence West along said line to
267	the North-South Centerline of Section 35, Township 27
268	South, Range 16 East; thence South along said line to the
269	South Section Line of said Section 35; thence West along
270	said Section Line to the Southwest corner of said Section
271	35; thence South along the West Section Line of Sections 2
272	and Section 11, Township 28 South, Range 16 East to the
273	North Section Line of Section 15, Township 28 South, Range
274	16 East; thence West along the North Line of said Section
275	15 to the North-South Centerline of said Section; thence
276	South along said Centerline to the northerly right-of-way
277	line of Tampa Road (S.R.584); thence in a Northwesterly
278	direction along said right-of-way line to the Southerly
279	Line of Florida Power Corporation; thence Southwesterly
280	along said Southerly Line to the centerline of the Lake
281	Tarpon Outfall Canal; thence Northerly along the
282	centerline of the Lake Tarpon Outfall Canal into Lake
283	Tarpon to its North-South Centerline; thence Northerly
284	along the North-South Centerline of Lake Tarpon to the
285	City Limit Line of the City of Tarpon Springs on the
286	Northern shoreline of Lake Tarpon; thence along the City
287	Limit Line of Tarpon Springs around its Easterly point
288	above Lake Tarpon and then Westerly to the North-South
289	Centerline of Salt Lake; thence northerly along the North-
290	South Centerline of Salt Lake to the Centerline of the
291	Anclote River; thence Northeasterly along the Centerline
292	of the Anclote River to the Pasco-Pinellas County Line;
293	thence East along the Pasco/Pinellas County Line to the
294	Point of Beginning.
295
296	LESS any areas annexed into the corporate municipal limits
297	of Oldsmar or Tarpon Springs.
298	And
299	Less that territory West of the centerline of George
300	Street extended from the Pasco County line to Lake Tarpon.
301
302	(4)  MUNICIPAL POWERS.--The town shall be a body corporate
303	and politic and shall have all available governmental,
304	corporate, and proprietary powers of a municipality under the
305	State Constitution and general law, as fully and completely as
306	though such powers were specifically enumerated in this charter,
307	and may exercise them, except when prohibited by law. Through
308	the adoption of this charter, it is the intent of the electors
309	of the town that the municipal government established herein
310	have the broadest exercise of home rule powers permitted under
311	the State Constitution and general law. This charter and the
312	powers of the town shall be construed liberally in favor of the
313	town. It is recognized that certain services within the
314	municipal boundaries are provided by independent special
315	districts created by special acts of the Legislature and by
316	Pinellas County.
317	Section 2.  Council; mayor and vice mayor.--
318	(1)  TOWN COUNCIL.--There shall be a five-member town
319	council ("council") vested with all legislative powers of the
320	town, consisting of five members ("council members"), each
321	elected from and representing the town at large. Unless
322	otherwise stated within this charter, all charter powers shall
323	be exercised by the council.
324	(2)  MAYOR; POWERS AND DUTIES.--
325	(a)  The council, at its first regular meeting after the
326	fourth Tuesday of each March, shall elect from its members a
327	mayor who shall serve for a period of 1 year and who shall have
328	the same legislative powers and duties as any other council
329	member, except as provided in this subsection.
330	(b)  In addition to carrying out the regular duties of a
331	council member, the mayor shall preside at the meetings of the
332	council and shall be recognized as the head of town government
333	for service of process, ceremonial matters, and the signature or
334	execution of ordinances, contracts, deeds, bonds, and other
335	instruments and documents and for purposes of military law. The
336	mayor shall also serve as the ceremonial head of the town and
337	the town official designated to represent the town when dealing
338	with other entities. The mayor shall have no administrative
339	duties other than those necessary to accomplish these actions,
340	or such other actions as may be authorized by the town council,
341	consistent with general or special law.
342	(3)  VICE MAYOR; POWERS AND DUTIES.--
343	(a)  The council, at its first regular meeting after the
344	fourth Tuesday of each March, shall elect from its members a
345	vice mayor who shall serve for a period of 1 year and who shall
346	have the same legislative powers and duties while serving as any
347	other council member.
348	(b)  The vice mayor shall serve as acting mayor during the
349	absence or disability of the mayor. In the absence of the mayor
350	and the vice mayor, the remaining council members shall select a
351	council member to serve as acting mayor.
352	Section 3.  Election and terms of office.--
353	(1)  TERM OF OFFICE.--Each council member shall be elected
354	at large for a 3-year term by the electors of the town in the
355	manner provided in this section. Council members shall be sworn
356	into office at the first regularly scheduled meeting after their
357	election. Each council member shall remain in office until his
358	or her successor is elected and assumes the duties of the
359	position.
360	(2)  SEATS.--The town council shall be divided into five
361	separate council seats to be designated as seats 1, 2, 3, 4, and
362	5, to be voted on townwide, with each qualified elector entitled
363	to vote for one candidate for each seat.
364	(3)  QUALIFICATION.--Candidates for each council seat must
365	qualify for council elections by seat in accordance with
366	applicable general law, and the council members elected to those
367	seats shall hold the seats 1 through 5, respectively. To qualify
368	for office, each candidate for council member shall:
369	(a)  File a written notice of candidacy with the town clerk
370	at such time and in such manner as may be prescribed by
371	ordinance and shall make payment to the town of any fees
372	required by general law as a qualifying fee.
373	(b)  Be a registered elector in the state.
374	(c)  Have maintained his or her domicile within the
375	boundaries of the town for a period of 1 year prior to
376	qualifying for election and, if elected, shall maintain such
377	residency throughout his or her term of office.
378
379	Any resident of the town who wishes to become a candidate for a
380	council member seat shall qualify with the town clerk no sooner
381	than noon on the last Tuesday in January, nor later than noon on
382	the first Tuesday in February, of the year in which the election
383	is to be held.
384	(4)  VACANCIES IN OFFICE; FORFEITURE; SUSPENSION; FILLING
385	OF VACANCIES.--
386	(a)  Vacancies.--A vacancy in the office of mayor, vice
387	mayor, or any council member shall occur upon the death of the
388	incumbent, removal from office as authorized by law,
389	resignation, appointment to other public office which creates
390	dual officeholding, judicially determined incompetence, or
391	forfeiture of office as described in paragraph (b).
392	(b)  Forfeiture of office.--Any council member shall
393	forfeit his or her office upon determination by the council,
394	acting as a body, at a duly noticed public meeting that he or
395	she:
396	1.  Lacks at any time, or fails to maintain during his or
397	her term of office, any qualification for the office prescribed
398	by this charter or otherwise required by law;
399	2.  Is convicted of a felony or enters a plea of guilty or
400	nolo contendere to a crime punishable as a felony, even if
401	adjudication is withheld;
402	3.  Is convicted of a first degree misdemeanor arising
403	directly out of his or her official conduct or duties, or enters
404	a plea of guilty or nolo contendere thereto, even if
405	adjudication of guilt is withheld;
406	4.  Is found to have violated any standard of conduct or
407	code of ethics established by law for public officials and has
408	been suspended from office by the Governor, unless subsequently
409	reinstated as provided by law; or
410	5.  Is absent from three consecutive regular council
411	meetings without good cause or for any other reason established
412	in this charter.
413
414	The council shall be the sole judge of the qualifications of its
415	members and shall hear all questions relating to forfeiture of a
416	council member's office, including whether good cause for
417	absence has been or may be established. The burden of
418	establishing good cause shall be on the council member in
419	question; however, any council member may at any time during any
420	duly held meeting move to establish good cause for his or her
421	absence or the absence of any other council member from any
422	past, present, or future meeting or meetings, which motion, if
423	carried, shall be conclusive. A council member whose
424	qualifications are in question or who is otherwise subject to
425	forfeiture of his or her office shall not vote on any such
426	matters. The council member in question shall be entitled to a
427	public hearing on request regarding an alleged forfeiture of
428	office. If a public hearing is requested, notice thereof shall
429	be published in one or more newspapers of general circulation in
430	the town at least 1 week in advance of the hearing. Any final
431	determination by the council that a council member has forfeited
432	his or her office shall be made by resolution. All votes and
433	other acts of the council member in question prior to the
434	effective date of such resolution shall be valid regardless of
435	the grounds of forfeiture.
436	(c)  Suspension from office.--Any council member shall be
437	suspended from office upon return of an indictment or issuance
438	of any information charging the council member with any crime
439	that is punishable as a felony or with any crime arising out of
440	his or her official duties that is punishable as a first degree
441	misdemeanor.
442	1.  During a period of suspension, a council member shall
443	not perform any official act, duty, or function or receive any
444	pay, allowance, emolument, or privilege of office.
445	2.  If the council member is subsequently found not guilty
446	of the charge, or if the charge is otherwise dismissed, reduced,
447	or altered in such a manner that suspension would no longer be
448	required as provided in this paragraph, the suspension shall be
449	lifted and the council member shall be entitled to receive full
450	back pay and such other emoluments or allowances to which he or
451	she would have been entitled had the suspension not occurred.
452	(d)  Filling of vacancies.--
453	1.  If any vacancy occurs in the office of any council
454	member and the remainder of the council member's unexpired term
455	is less than 1 year and 81 days, the remaining council members
456	shall, within 30 days after the occurrence of such vacancy, by
457	majority vote, appoint a person to fill the vacancy for the
458	remainder of the unexpired term.
459	2.  If any vacancy occurs in the office of any council
460	member and the remainder of the unexpired term is equal to or
461	exceeds 1 year and 81 days, the remaining council members shall,
462	within 30 days after the occurrence of such vacancy, by majority
463	vote, appoint a person to fill the vacancy until the next
464	regularly scheduled town election, at which time an election
465	shall be held to fill the vacancy.
466	3.  If a vacancy occurs in the office of mayor and less
467	than 120 days remain in the term of the council member who was
468	elected mayor, the vice mayor shall serve as mayor until a new
469	mayor is elected by the council and assumes the duties of his or
470	her office. If a vacancy occurs in the office of mayor and 120
471	days or more remain in the term of the mayor, the vice mayor
472	shall serve as mayor until a new council member is elected and
473	the council elects a new mayor and vice mayor as provided by
474	this charter.
475	4.  Any person appointed to fill a vacancy on the council
476	shall be required to meet the qualifications of the seat to
477	which he or she is appointed.
478	5.  Notwithstanding any quorum requirements established in
479	this charter, if at any time the full membership of the council
480	is reduced to less than a quorum, the remaining members may, by
481	majority vote, appoint additional members to the extent
482	otherwise permitted or required under this subsection.
483	6.  In the event that all the members of the council are
484	removed by death, disability, recall, forfeiture of office, or
485	resignation, or any combination thereof, the Governor shall
486	appoint interim council members who shall call a special
487	election within not less than 30 days or more than 60 days after
488	such appointment. Such election shall be held in the same manner
489	as the initial elections under this charter. However, if less
490	than 6 months remain in any unexpired terms, the interim council
491	appointed by the Governor shall serve out the unexpired terms.
492	Appointees must meet all requirements for candidates as provided
493	in this charter.
494	(e)  Compensation and expenses.--
495	1.  Town council members shall be entitled to reimbursement
496	in accordance with general law for authorized travel and per
497	diem expenses incurred in the performance of their official
498	duties.
499	2.  The council members shall be compensated at the rate of
500	$8,000 per year. The mayor shall be compensated at the rate of
501	$10,000 per year. The town council, by not fewer than four
502	affirmative votes, may elect to provide for any adjustment in
503	such compensation by ordinance. However, no such ordinance
504	increasing compensation shall take effect until the date of
505	commencement of the terms of council members elected at the next
506	regular election following the adoption of such ordinance.
507	Section 4.  Administrative provisions.--
508	(1)  DESIGNATION OF CHARTER OFFICERS.--The town manager and
509	the town attorney are designated as charter officers, except
510	that the office of town attorney may be contracted to an
511	attorney or law firm.
512	(2)  APPOINTMENT; REMOVAL; COMPENSATION; FILLING OF
513	VACANCIES.--
514	(a)  The charter officers shall be appointed by a majority
515	vote of the full council and shall serve at the pleasure of the
516	council.
517	(b)  The charter officers shall be removed from office only
518	by a super majority vote of the full council. Upon demand by a
519	charter officer, a public hearing shall be held prior to such
520	removal.
521	(c)  The compensation of the charter officers shall be
522	fixed by the town council through the approval of an acceptable
523	employment contract.
524	(d)  The town council shall begin the process to fill a
525	vacancy in a charter office within 90 days after the vacancy. An
526	acting town manager or an acting town attorney may be appointed
527	by the council during a vacancy in such charter office.
528	(e)  A charter officer shall not be a member of the town
529	council or a candidate for town council while holding a charter
530	officer position.
531	(3)  TOWN MANAGER.--The town manager shall be the chief
532	administrative officer of the town.
533	(a)  The town council shall appoint a town manager who
534	shall be the administrative head of the municipal government
535	under the direction and supervision of the town council. The
536	town manager shall hold office at the pleasure of the town
537	council. The town manager shall be appointed by resolution
538	approving an employment contract between the town and the town
539	manager. The town manager shall receive such compensation as
540	determined by the town council through the adoption of an
541	appropriate resolution.
542	(b)  The town manager shall have the minimum qualifications
543	of a combination of a bachelor's degree in public
544	administration, business administration, or other related fields
545	from an accredited college or university and 3 years' public
546	administration experience or 6 years' experience in a city
547	manager or assistant city manager position, preferably in a
548	local government recognized by the International City/County
549	Management Association.
550	(c)  It is preferred that the town manager be credentialed
551	by the International City/County Management Association or
552	obtain such credential within 2 years after being appointed.
553	(d)  During the absence or disability of the town manager,
554	the town council may by resolution designate a properly
555	qualified person to temporarily execute the functions of the
556	town manager. The person thus designated shall have the same
557	powers and duties as the town manager and shall, while serving,
558	be known as acting town manager. The town manager or acting town
559	manager may be removed by the town council at any time.
560	(e)  As the chief administrative officer, the town manager
561	shall:
562	1.  Direct and supervise the administration of all
563	departments, offices, and agencies of the town, except the
564	office of town attorney and except as otherwise provided by this
565	charter or by general law.
566	2.  Appoint, suspend, or remove any employee of the town or
567	appointive administrative officer provided for, by, or under
568	this charter, except the office of town attorney and except as
569	may otherwise be provided by law, this charter, or personnel
570	rules adopted pursuant to the charter. The town manager may
571	authorize any administrative officer who is subject to his or
572	her direction and supervision to exercise these powers with
573	respect to subordinates in that officer's department, office, or
574	agency.
575	3.  Ensure that all laws, provisions of this charter, and
576	acts of the council are faithfully executed.
577	4.  Prepare and submit the annual budget and capital
578	program to the council in the form prescribed by ordinance.
579	5.  Attend meetings of the town council.
580	6.  Draw and sign vouchers upon depositories as provided by
581	ordinance and keep, or cause to be kept, a true and accurate
582	account of same.
583	7.  Sign all licenses issued by the town, issue receipts
584	for all moneys paid to the town, and deposit such moneys in the
585	proper depositories on the first banking day after receipt. The
586	town manager may delegate the responsibilities of this
587	subparagraph to an appropriate town employee who shall be
588	bonded.
589	8.  Provide administrative services in support of the
590	official duties of the mayor and the council.
591	9.  Keep the council advised as to the financial condition
592	and future needs of the town and make recommendations to the
593	council concerning the affairs of the town.
594	10.  Submit to the council, and make available to the
595	public, a complete report on finances and administrative
596	activities of the town as of the end of each fiscal year.
597	11.  Sign contracts on behalf of the town to the extent
598	authorized by ordinance.
599	12.  Perform such other duties as are specified in this
600	charter or as may be required by the council.
601	(4)  TOWN ATTORNEY.--
602	(a)  The town attorney shall be employed under terms and
603	conditions deemed advisable by the town council, which may
604	include the appointment of a law firm.
605	(b)  The town attorney shall be a member in good standing
606	with The Florida Bar, have been admitted to practice in the
607	state for at least 5 years, and have not less than 2 years'
608	experience in the practice of local government law.
609	(c)  The town attorney has sole discretion to appoint,
610	promote, suspend, demote, remove, or terminate deputy and
611	assistant town attorneys, subject to the town's annual budget.
612	(d)  The town attorney shall perform the following
613	functions in addition to other functions as designated by the
614	town council:
615	1.  Serve as chief legal advisor to the town council, the
616	charter officers, and all town departments, offices, and
617	agencies.
618	2.  Attend all regular and special town council meetings,
619	unless excused by the town council, and perform such
620	professional duties as may be required by law or by the council
621	in furtherance of the law.
622	3.  Approve all contracts, bonds, and other instruments in
623	which the town is concerned and shall endorse on each his or her
624	approval of the form and correctness thereof. No contract with
625	the town shall take effect until his or her approval is so
626	endorsed thereon.
627	4.  When requested to do so by the council, prosecute and
628	defend on behalf of the town all complaints, suits, and
629	controversies in which the town is a party.
630	5.  Perform such other professional duties as required of
631	him or her by resolution of the council or as prescribed for
632	municipal attorneys in the general laws of the state that are
633	not inconsistent with this charter.
634	6.  Prepare an annual budget for the operation of the
635	office of the town attorney and submit this budget to the town
636	manager for inclusion in the annual town budget, in accordance
637	with uniform town procedures.
638	(5)  TOWN CLERK.--The town manager shall appoint a town
639	clerk or a management firm to serve as town clerk (the "clerk").
640	The clerk shall give notice of council meetings to council
641	members and the public, keep minutes of council proceedings, and
642	perform such other duties as the council or town manager may
643	prescribe from time to time. The clerk shall report to the town
644	manager.
645	(6)  EXPENDITURE OF TOWN FUNDS.--No funds of the town shall
646	be expended except pursuant to duly approved appropriations or
647	for the payment of bonds, notes, or other indebtedness duly
648	authorized by the council and only from such funds so
649	authorized.
650	(7)  TOWN BOARDS AND AGENCIES.--Except as otherwise
651	provided by law, the council may establish or terminate such
652	boards and agencies as it may deem advisable from time to time.
653	The boards and agencies shall report to the council. Members of
654	boards and agencies shall be appointed by the council by
655	resolution.
656	Section 5.  Legislative provisions.--
657	(1)  REGULAR MEETINGS.--The council shall conduct regular
658	meetings at such times and places as the council shall prescribe
659	by resolution. Such meetings shall be public meetings within the
660	meaning of state law and shall be subject to notice and other
661	requirements of law applicable to public meetings.
662	(2)  SPECIAL MEETINGS.--Special meetings may be held at the
663	call of the mayor or, in his or her absence, at the call of the
664	vice mayor. Special meetings may also be called upon the request
665	of a majority of the council members. Unless the meeting is of
666	an emergency nature, the person or persons calling such a
667	meeting shall provide not less than 72 hours' prior notice of
668	the meeting to the public.
669	(3)  COMMENCEMENT.--All meetings shall be scheduled to
670	commence no earlier than 7 a.m. and no later than 10 p.m.
671	(4)  RULES; ORDER OF BUSINESS.--The council shall determine
672	its own rules and order of business.
673	(5)  QUORUM.--A majority of the full council shall
674	constitute a quorum.
675	(6)  VALIDITY OF ACTION.--No action of the council shall be
676	valid unless adopted by an affirmative vote of the majority of
677	the full council, unless otherwise provided by law.
678	(7)  LEGISLATIVE POWERS.--Except as otherwise prescribed
679	herein or as provided by law, the legislative powers of the town
680	shall be vested in the council. The council shall provide for
681	the exercise of its powers and for the performance of all duties
682	and obligations imposed on the town by law.
683	(8)  DEPARTMENTS.--The council may establish such other
684	departments, offices, or agencies as it determines necessary for
685	the efficient administration and operation of the town. Such
686	departments, offices, or agencies shall be established by
687	ordinance.
688	(9)  CODE.--The council may adopt any standard code of
689	technical regulations by reference thereto in an adopting
690	ordinance and may amend the code in the adopting ordinance or
691	later amendatory ordinance. The procedures and requirements
692	governing such an adopting ordinance shall be as prescribed for
693	ordinances generally, except that:
694	(a)  Requirements regarding distribution and filing of
695	copies of the ordinance shall not be construed to require
696	distribution and filing of copies of the adopted code of
697	technical regulations.
698	(b)  A copy of each adopted code of technical regulations,
699	as well as of the adopting ordinance, shall be authenticated and
700	recorded by the town clerk.
701	(10)  EMERGENCY ORDINANCES.--
702	(a)  To meet a public emergency affecting life, health,
703	property, or the public peace, the council may adopt, in the
704	manner provided by general law, one or more emergency
705	ordinances, but such ordinances may not enact or amend a land
706	use plan or rezone private property; levy taxes; grant, renew,
707	or extend any municipal franchise; set service or user charges
708	for any municipal services; or authorize the borrowing of money,
709	except as provided in subsection (11) for emergency
710	appropriations, if applicable. An emergency ordinance shall be
711	introduced in the form and manner prescribed for ordinances
712	generally, except that it shall be plainly designated in a
713	preamble as an emergency ordinance and shall contain, after the
714	enacting clause, a declaration stating that an emergency exists
715	and describing the emergency in clear and specific terms.
716	(b)  Upon the affirmative vote of four council members, an
717	emergency ordinance may be adopted with or without amendment or
718	rejected at the meeting at which it is introduced. After its
719	adoption, the ordinance shall be advertised and printed as
720	prescribed for other ordinances.
721	(c)  Emergency ordinances shall become effective upon
722	adoption or at such other date as may be specified in the
723	ordinance.
724	(d)  Every emergency ordinance, except emergency
725	appropriation ordinances, shall automatically be repealed as of
726	the 61st day after its effective date, but this shall not
727	prevent reenactment of the ordinance under regular procedures
728	or, if the emergency still exists, in the manner specified in
729	this section. An emergency ordinance may also be repealed by
730	adoption of a repealing ordinance in the same manner specified
731	in this section for adoption of emergency ordinances.
732	(11)  EMERGENCY APPROPRIATIONS.--To meet a public emergency
733	affecting life, health, property, or the public peace, the
734	council, by resolution, may make emergency appropriations. To
735	the extent that there are no unappropriated revenues to meet
736	such appropriation, the council may by such emergency resolution
737	authorize the issuance of emergency notes, which may be renewed
738	from time to time, but the emergency notes and renewals in any
739	fiscal year shall be paid not later than the last day of the
740	fiscal year succeeding that in which the emergency
741	appropriations were made.
742	(12)  RECORDKEEPING.--The council shall, in a properly
743	indexed book kept for that purpose, provide for the
744	authentication and recording in full of all minutes of meetings
745	and all ordinances and resolutions adopted by the council, and
746	the same shall at all times be a public record. The council
747	shall further maintain a current codification of all ordinances.
748	Such codification shall be printed and shall be made available
749	for distribution to the public on a continuing basis. All
750	ordinances or resolutions of the council shall be signed by all
751	council members and attested to by the town clerk.
752	(13)  DUAL OFFICEHOLDING.--No current elected town official
753	shall hold any compensated appointive office or employment of
754	the town while in office, nor shall any former council member be
755	employed by the town until after the expiration of 1 year from
756	the time of leaving office.
757	(14)  NONINTERFERENCE BY TOWN COUNCIL.--Except for the
758	purposes of inquiry and information, council members are
759	expressly prohibited from interfering with the performance of
760	the duties of any employee of the town government who is under
761	the direct or indirect supervision of the town manager or town
762	attorney. Such action shall be malfeasance within the meaning of
763	section 112.51, Florida Statutes. Recommendations for
764	improvements in the town government operations shall come
765	through the town manager, but each member of the council shall
766	be free to discuss or recommend improvements in the town
767	government operations to the town manager, and the council is
768	free to direct the town manager to implement specific
769	recommendations for improvement in town government operations.
770	Section 6.  Budget and appropriations.--
771	(1)  FISCAL YEAR.--The town shall have a fiscal year which
772	shall begin on the first day of October and shall end on the
773	last day of September of the following calendar year, unless
774	otherwise defined by general law. Such fiscal year shall also
775	constitute the annual budget and accounting year.
776	(2)  BUDGET ADOPTION.--The council shall adopt a budget in
777	accordance with applicable general law following a minimum of
778	two public hearings on the proposed budget. A resolution
779	adopting the annual budget shall constitute appropriation of the
780	amounts specified therein as expenditures from funds indicated.
781	(3)  EXPENDITURES.--The budget shall not provide for
782	expenditures in an amount greater than the revenues budgeted.
783	(4)  APPROPRIATIONS.--
784	(a)  If, during the fiscal year, revenues in excess of
785	those estimated in the budget are available for appropriation,
786	the council by resolution may make supplemental appropriations
787	for the year in an amount not to exceed such excess.
788	(b)  If, at any time during the fiscal year, it appears
789	probable to the town manager that the revenues available will be
790	insufficient to meet the amount appropriated, the town manager
791	shall report to the council without delay indicating the
792	estimated amount of the deficit, any remedial action taken, and
793	recommendations as to any other steps that should be taken. The
794	council shall then take such further action as it deems
795	necessary to prevent or minimize any deficit and, for that
796	purpose, the council may by resolution reduce one or more
797	appropriations accordingly.
798	(c)  No appropriation for debt service may be reduced or
799	transferred, and no appropriation may be reduced below any
800	amount required by law to be appropriated or by more than the
801	unencumbered balance thereof. Other provisions of law to the
802	contrary notwithstanding, the supplemental and emergency
803	appropriations and reduction or transfer of appropriations
804	authorized by this charter may be made effective immediately
805	upon adoption.
806	(5)  BONDS; INDEBTEDNESS.--
807	(a)  Subject to the referendum requirements of the State
808	Constitution, if applicable, the town may from time to time
809	borrow money and issue bonds or other obligations or evidence of
810	indebtedness (collectively, "bonds") of any type or character
811	for any of the purposes for which the town is now or hereafter
812	authorized by law to borrow money, including to finance the cost
813	of any capital or other project and to refund any and all
814	previous issues of bonds at or prior to maturity. Such bonds may
815	be issued pursuant to one or more resolutions adopted by a
816	majority of the council.
817	(b)  The town may assume all outstanding indebtedness
818	related to facilities it acquires from other units of local
819	government and be liable for payment thereon in accordance with
820	the terms of such indebtedness.
821	(6)  REVENUE BONDS; LEASE-PURCHASE CONTRACTS.--Unless
822	authorized by the electors of the town at a duly held referendum
823	election, the council shall not authorize or allow to be
824	authorized the issuance of revenue bonds or enter into lease-
825	purchase contracts or any other unfunded multiyear contracts for
826	the purchase of real property or the construction of any capital
827	improvement the repayment of which extends in excess of 36
828	months unless mandated by state or federal governing agencies.
829	(7)  ANNUAL AUDIT.--The council shall provide for an
830	independent annual financial audit of all town accounts and may
831	provide for more frequent audits as it deems necessary. Such
832	audits shall be made by a certified public accountant or a firm
833	of such accountants who have no personal interest, direct or
834	indirect, in the fiscal affairs of the town government or in any
835	of its officers. Residency in the town shall not be construed as
836	a prohibited interest.
837	Section 7.  Elections.--
838	(1)  ELECTORS.--Any person who is a resident of the town,
839	who has qualified as an elector of this state, and who registers
840	in the manner prescribed by law shall be an elector of the town.
841	(2)  NONPARTISAN ELECTIONS.--All elections for the town
842	council members shall be conducted on a nonpartisan basis
843	without any designation of political party affiliation.
844	(3)  ELECTION DATES.--A special election shall be held on
845	the second Tuesday in March 2009, and regular elections shall be
846	held on the second Tuesday in March of each election year
847	thereafter, as follows:
848	(a)  For the two council member seats that received the
849	highest number of votes in the March 2009 election, the next
850	election to fill the council member seats shall be held on the
851	second Tuesday in March after the first Monday in March in 2012
852	and every 3 years thereafter.
853	(b)  For the two council member seats that received the
854	next highest number of votes in the March 2009 election, the
855	next election to fill the council member seats shall be held on
856	the second Tuesday in March after the first Monday in March in
857	2011 and every 3 years thereafter.
858	(c)  For the remaining council member seat, the next
859	election to fill the council member seat shall be held on the
860	second Tuesday in March after the first Monday in March in 2010
861	and every 3 years thereafter.
862	(d)  Such town elections shall be general town elections.
863	(4)  RUNOFF ELECTIONS.--In the event no candidate for an
864	office receives a majority of the votes cast for such office,
865	the person receiving the largest number of votes cast will be
866	elected. In the event two candidates receive an equal number of
867	votes, a runoff election shall be held on the fourth Tuesday in
868	March.
869	(5)  TOWN CANVASSING BOARD.--The town canvassing board
870	shall be composed of those members of the town council who are
871	not candidates for reelection and the town clerk, who shall act
872	as chair. At the close of the polls of any town election, or as
873	soon thereafter as practicable, the canvassing board shall meet
874	at a time and place designated by the chair, shall proceed to
875	publicly canvass the vote as shown by the returns then on file
876	in the office of the town clerk, and then shall publicly canvass
877	the absentee elector ballots. The canvassing board shall prepare
878	and sign a certificate containing the total number of votes cast
879	for each candidate or other measure voted upon. The certificate
880	shall be placed on file with the town clerk.
881	(6)  SPECIAL ELECTIONS.--Special municipal elections, when
882	required, shall be held in the same manner as regular elections,
883	except that the town council, by ordinance, shall fix the time
884	for holding such elections consistent with this charter and
885	state law.
886	(7)  GENERAL ELECTION.--
887	(a)  The ballot for the general election shall contain the
888	names of all qualified candidates for each respective council
889	member seat and shall instruct electors to cast one vote for
890	each council member seat, with a maximum of one vote per
891	candidate. The candidate for each council member seat receiving
892	the most votes shall be the duly elected council member for that
893	designated council member seat.
894	(b)  No election for any council member seat shall be
895	required in any election if there is only one duly qualified
896	candidate for the council member seat.
897	(c)  If two or more candidates for a designated council
898	member seat receive an equal and the highest number of votes,
899	those candidates shall run again in the runoff election.
900	(d)  The candidate receiving the highest number of votes
901	cast for the designated council member seat in the runoff
902	election shall be elected to the designated council member seat.
903	If the vote at the runoff election results in a tie, the outcome
904	shall be determined by lot.
905	(e)  The term of office of any elected official shall
906	commence immediately after the election.
907	(f)  All elected officers, before entering upon their
908	duties, shall take and subscribe to the following oath of
909	office:
910
911	"I do solemnly swear (or affirm) that I will support, protect,
912	and defend the Constitution and Government of the United States
913	and of the state and the charter of the Town of Palm Harbor;
914	that I am duly qualified to hold office under the Constitution
915	of the State and the charter of the Town of Palm Harbor; and
916	that I will well and faithfully perform the duties of council
917	member upon which I am now about to enter."
918
919	(g)  The election laws of the state shall apply to all
920	elections.
921	(h)  Any member of the town council may be removed from
922	office by the electors of the town following the procedures for
923	recall established by general law.
924	Section 8.  General provisions.--
925	(1)  SEVERABILITY.--If any section or part of any section
926	of this charter is held invalid by a court of competent
927	jurisdiction, such holding shall not affect the remainder of
928	this charter or the context in which such section or part of a
929	section so held invalid may appear, except to the extent that an
930	entire section or part of a section may be inseparably connected
931	in meaning and effect with the section or part of a section to
932	which such holding directly applies.
933	(2)  TOWN PERSONNEL SYSTEM.--All new employments,
934	appointments, and promotions of town officers and employees
935	shall be made pursuant to personnel procedures to be established
936	by the town manager from time to time.
937	(3)  CHARITABLE CONTRIBUTIONS.--The town shall not make any
938	charitable contribution to any person or entity unless
939	authorized by the council.
940	(4)  VARIATION OF PRONOUNS.--All pronouns and any
941	variations thereof used in this charter shall be deemed to refer
942	to masculine, feminine, neutral, singular, or plural as the
943	identity of the person or persons shall require and are not
944	intended to describe, interpret, define, or limit the scope,
945	extent, or intent of this charter.
946	(5)  CALENDAR DAY.--For the purpose of this charter, a
947	"day" means a calendar day.
948	(6)  CHARTER REVIEW COMMITTEE.--
949	(a)  At its first regular meeting in March 2014, and every
950	10th year thereafter, the town council may appoint a charter
951	review committee consisting of 15 individuals who are not
952	members of the town council to serve in an advisory capacity to
953	the town council.
954	(b)  Each council member shall recommend and nominate three
955	individuals to serve on the committee as regular members, which
956	appointments shall be approved by a majority vote of the town
957	council. Individuals appointed to the charter review committee
958	shall be citizens of the town.
959	(c)  The charter review committee shall appoint its own
960	chair and vice chair and adopt its own rules and procedures.
961	(d)  The town clerk and the town attorney shall advise the
962	town council in advance of the date when such appointments may
963	be made.
964	(e)  If appointed, the charter review committee shall
965	commence its proceedings within 30 days after the committee is
966	appointed by the town council. The committee shall review the
967	charter and provide input to the town council to modernize and
968	improve the charter. The public shall be given an opportunity to
969	speak and participate at charter review committee meetings in
970	accordance with the rules of the charter review committee.
971	(f)  All recommendations by the charter review committee
972	shall be forwarded to the town council in ordinance form for
973	consideration no later than the 1st day of March of the year
974	after the appointment of the charter review committee and in
975	sufficient time for any recommendations to be considered by the
976	town council as provided in this subsection.
977	(g)  The town council shall consider the recommendations of
978	the charter review committee at the regular meeting in November
979	and the regular meeting in December of the year after
980	appointment of the charter review committee.
981	(7)  CHARTER AMENDMENTS.--This charter may be amended in
982	accordance with the provisions for charter amendments as
983	specified in general law or as may otherwise be provided by
984	general law. The form, content, and certification of any
985	petition to amend shall be established by ordinance.
986	(8)  INITIATION BY PETITION.--The electors of the town may
987	propose amendments to this charter by petition submitted to the
988	council to be placed before the electors, as provided by general
989	law.
990	(9)  STANDARDS OF CONDUCT.--All elected officials and
991	employees of the town shall be subject to the standards of
992	conduct for public officers and employees set by general law. In
993	addition, the town council shall, no later than 6 months after
994	the effective date of incorporation, establish by ordinance a
995	code of ethics for officials and employees of the town which may
996	be supplemental to general law, but in no case may such an
997	ordinance diminish the provisions of general law. The intent of
998	this subsection is to require more stringent standards than
999	those provided under general law.
1000	(10)  LAND USE; REZONING.--Any change to the town's future
1001	land use map or any change to the zoning designation for any
1002	parcel within the town shall require the affirmative vote of no
1003	fewer than four members of the town council.
1004	Section 9.  Transition schedule.--
1005	(1)  REFERENDUM.--The Pinellas County Commission shall hold
1006	the referendum election called for by this act on November 4,
1007	2008, at which time the following question shall be placed upon
1008	the ballot:
1009
1010	Palm Harbor Community:
1011
1012	"Shall the creation of the Town of Palm Harbor and its charter
1013	be approved?"
1014
1015	Yes     NoCrystal Beach and Ozona Communities:"Shall the community of [insert one of the above communities] join in the creation of the Town of Palm Harbor and its charter be approved?"     Yes     NoEast Lake Communit
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1643	NoCrystal Beach and Ozona Communities:"Shall the community of [insert one of the above communities] join in the creation of the Town of Palm Harbor and its charter be approved?"     Yes     NoEast Lake Community:
1644
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1674
1675	Crystal Beach and Ozona Communities:
1676
1677	"Shall the community of [insert one of the above communities]
1678	join in the creation of the Town of Palm Harbor and its charter
1679	be approved?"
1680
1681	Yes     NoEast Lake Community:"Shall the community of East Lake join in the creation of the Town of Palm Harbor and its charter be approved?"     Yes     No     (2)  INITIAL ELECTION OF COUNCIL MEMBERS; DATES.--
1682	NoEast Lake Community:"Shall the community of East Lake join in the creation of the Town of Palm Harbor and its charter be approved?"     Yes     No     (2)  INITIAL ELECTION OF COUNCIL MEMBERS; DATES.--
1683
1684	East Lake Community:
1685
1686	"Shall the community of East Lake join in the creation of the
1687	Town of Palm Harbor and its charter be approved?"
1688
1689
1690	No     (2)  INITIAL ELECTION OF COUNCIL MEMBERS; DATES.--     (a)  Following the adoption of this charter, the Pinellas County Commission shall call a special election for the election of the five town
1691
1692	(2)  INITIAL ELECTION OF COUNCIL MEMBERS; DATES.--
1693	(a)  Following the adoption of this charter, the Pinellas
1694	County Commission shall call a special election for the election
1695	of the five town council members to be held on March 10, 2009.
1696	Candidates for the election shall qualify for seat 1, seat 2,
1697	seat 3, seat 4, and seat 5. The candidate receiving the highest
1698	number of votes for that seat shall be elected. If two or more
1699	candidates for a designated council member seat receive an equal
1700	and the highest number of votes, those candidates shall run
1701	again in the runoff election to be held on March 24, 2009.
1702	(b)  Any individual who wishes to run for one of the five
1703	initial seats on the council shall qualify as a candidate with
1704	the Pinellas County Supervisor of Elections in accordance with
1705	the provisions of this charter and general law.
1706	(c)  The Pinellas County Commission shall appoint a
1707	canvassing board to certify the results of the election.
1708	(d)  Those candidates who are elected on March 10, 2009,
1709	and March 24, 2009, shall take office at the initial town
1710	council meeting, which shall be held at 7 p.m. on March 26,
1711	2009.
1712	(3)  CREATION AND ESTABLISHMENT OF THE TOWN.--For the
1713	purpose of compliance with section 200.066, Florida Statutes,
1714	relating to assessment and collection of ad valorem taxes, the
1715	town is hereby created and established effective December 1,
1716	2008; notwithstanding anything to the contrary contained in this
1717	charter, the town, although created and established as of
1718	December 1, 2008, shall not be operational until March 27, 2009.
1719	(4)  FIRST-YEAR EXPENSES.--The town council, in order to
1720	provide moneys for the expenses and support of the town, shall
1721	have the power to borrow money necessary for the operation of
1722	town government until such time as a budget is adopted and
1723	revenues are raised in accordance with the provisions of this
1724	charter.
1725	(5)  TRANSITIONAL ORDINANCES AND RESOLUTIONS.--All
1726	applicable county ordinances currently in place at the time of
1727	passage of the referendum, unless specifically referenced in
1728	this charter, shall remain in place until and unless rescinded
1729	by action of the town council.
1730	(6)  TEMPORARY EMERGENCY ORDINANCES.--The town council
1731	shall adopt ordinances and resolutions required to effect the
1732	transition. Ordinances adopted within 60 days after the first
1733	council meeting may be passed as emergency ordinances. These
1734	emergency ordinances shall be effective for no longer than 90
1735	days after adoption and thereafter may be readopted, renewed, or
1736	otherwise continued only in the manner normally prescribed for
1737	ordinances.
1738	(7)  TRANSITIONAL COMPREHENSIVE PLAN AND LAND DEVELOPMENT
1739	REGULATIONS.--
1740	(a)  Until such time as the town adopts a comprehensive
1741	plan, the Pinellas County Future Land Use Map, the Pinellas
1742	County Zoning Map, and all other provisions applicable to the
1743	town of the Comprehensive Plan and Land Development Regulations
1744	of Pinellas County, as the same exist on the day the town
1745	commences corporate existence, shall remain in effect as the
1746	town's transitional comprehensive plan and land development
1747	regulations. However, all planning functions, duties, and
1748	authority shall thereafter be vested in the Town Council of Palm
1749	Harbor, which shall also be deemed the local planning agency
1750	until the council establishes a separate local planning agency.
1751	(b)  All powers and duties of the planning commission,
1752	zoning authority, any boards of adjustment, and the County
1753	Commission of Pinellas County, as set forth in these
1754	transitional zoning and land use regulations, shall be vested in
1755	the Town Council of Palm Harbor until such time as the town
1756	council delegates all or a portion thereof to another entity.
1757	(8)  COMMUNICATIONS SERVICES TAX.--The communications
1758	services tax imposed under section 202.19, Florida Statutes, by
1759	Pinellas County will continue within the town boundaries during
1760	the period commencing with the date of incorporation through
1761	December 31, 2009. Revenues from the tax shall be shared by
1762	Pinellas County with the town in proportion to the projected
1763	town population estimate of the Pinellas County Planning
1764	Division compared with the unincorporated population of Pinellas
1765	County before the incorporation of Palm Harbor.
1766	(9)  STATE SHARED REVENUES.--The Town of Palm Harbor shall
1767	be entitled to participate in all shared revenue programs of the
1768	state available to municipalities effective April 1, 2009. The
1769	provisions of section 218.23(1), Florida Statutes, shall be
1770	waived for the purpose of eligibility to receive revenue sharing
1771	funds from the date of incorporation through the state fiscal
1772	year 2011-2012. Initial population estimates for calculating
1773	eligibility for shared revenues shall be determined by the
1774	University of Florida Bureau of Economic and Business Research.
1775	Should the bureau be unable to provide an appropriate population
1776	estimate, the Pinellas County Planning Division estimate shall
1777	be used. For the purposes of qualifying for revenue sharing, the
1778	following revenue sources shall be considered: municipal service
1779	taxing units, fire municipal service taxing units, ad valorem
1780	taxes, communications services tax, and franchise fees.
1781	(10)  FUEL TAX REVENUES.--Notwithstanding the requirements
1782	of section 336.025, Florida Statutes, to the contrary, the town
1783	shall be entitled to receive local option fuel tax revenues
1784	beginning October 1, 2009. These revenues shall be distributed
1785	in accordance with the interlocal agreements with Pinellas
1786	County.
1787	(11)  LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.--The Town of
1788	Palm Harbor shall be entitled effective April 1, 2009, to
1789	participate in the local government infrastructure surtax, a
1790	local discretionary sales surtax levied pursuant to section
1791	212.055(2), Florida Statutes. If the Town of Palm Harbor is
1792	unable to participate in the interlocal agreement between the
1793	county's governing body and the governing bodies of the
1794	municipalities representing a majority of the county's municipal
1795	population, the default distribution method, which is to be
1796	based on the local government half-cent sales tax formulas
1797	provided in section 218.62, Florida Statutes, shall apply.
1798	(12)  WAIVER.--The provisions of section 218.23(1), Florida
1799	Statutes, shall be waived for the purpose of conducting audits
1800	and financial reporting through fiscal year 2009-2010.
1801	Section 10.  Continuation, merger, and dissolution of
1802	existing districts and service providers.--
1803	(1)  PALM HARBOR SPECIAL FIRE CONTROL DISTRICT;
1804	CONTINUATION.--Notwithstanding the incorporation of the Town of
1805	Palm Harbor, that portion of the Palm Harbor Special Fire
1806	Control District, a special taxing district created by chapter
1807	82-369, Laws of Florida, that lies within the boundaries of the
1808	Town of Palm Harbor is authorized to continue in existence until
1809	the town adopts an ordinance to the contrary. However, the town
1810	shall not establish a town fire department without a referendum.
1811	(2)  PALM HARBOR COMMUNITY SERVICES DISTRICT;
1812	CONTINUATION.--Notwithstanding the incorporation of the Town of
1813	Palm Harbor, that portion of the Palm Harbor Community Services
1814	District, a municipal services taxing unit created in 1985
1815	pursuant to Pinellas County Ordinance 85-28 to provide library
1816	and recreation services to the residents of the Palm Harbor,
1817	that lies within the boundaries of the Town of Palm Harbor is
1818	authorized to continue in existence until the town adopts an
1819	ordinance to the contrary. However, the Palm Harbor Community
1820	Services Agency shall not be abolished without a referendum.
1821	(3)  EAST LAKE TARPON SPECIAL FIRE CONTROL DISTRICT;
1822	CONTINUATION.--Notwithstanding the incorporation of the Town of
1823	Palm Harbor, that portion of the East Lake Tarpon Special Fire
1824	Control District, a special taxing district created by chapter
1825	2000-477, Laws of Florida, that lies within the boundaries of
1826	the Town of Palm Harbor is authorized to continue in existence
1827	until the town adopts an ordinance to the contrary. However, the
1828	town shall not establish a town fire department without a
1829	referendum.
1830	(4)  PINELLAS COUNTY LIBRARY SERVICES DISTRICT;
1831	CONTINUATION OF COMMUNITY SERVICES.--That portion of the
1832	Pinellas County Library Services District, a municipal services
1833	taxing unit created in 1989 pursuant to Pinellas County
1834	Ordinance 89-5, as authorized under section 125.01(5), Florida
1835	Statutes, that lies within the boundaries of the Town of Palm
1836	Harbor shall be replaced with a separate Community Services
1837	Overlay District of equal millage to provide library and
1838	recreation services to the residents of the East Lake Tarpon
1839	area.
1840	(5)  LAW ENFORCEMENT.--Law enforcement services shall be
1841	provided by contract with the Pinellas County Sheriff's Office,
1842	or by contract with other law enforcement agencies, until the
1843	town adopts an ordinance to the contrary.
1844	Section 11.  This act shall only take effect upon approval
1845	by a majority of those qualified electors residing within the
1846	proposed corporate limits of the proposed Town of Palm Harbor as
1847	described in section 1 voting in a referendum election to be
1848	called by the Board of County Commissioners of Pinellas County
1849	and to be held on November 4, 2008, in accordance with the
1850	provisions relating to elections currently in force, except that
1851	subsection (1) of section 9 and this section shall take effect
1852	upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.