HB 183

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; providing
6	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 contracting for traditional municipal
20	services; providing for council meetings; providing for
21	adoption of a code of technical regulation; providing for
22	emergency ordinances and appropriations; providing for
23	recordkeeping; providing limitations on employment and
24	officeholding of council members; prohibiting certain
25	interference with town employees; establishing the fiscal
26	year; providing for adoption of annual budget and
27	appropriations; providing for supplemental appropriations;
28	providing for reduction and transfer of appropriations;
29	providing limitations; providing for a reserve fund;
30	providing for referendum requirements for revenue bonds and
31	other multiyear contracts; providing for financial audit;
32	providing for nonpartisan elections and matters relative
33	thereto; providing for recall; providing for a charter
34	review committee and future amendments of the charter;
35	providing for standards of conduct in office; providing for
36	severability; providing for a personnel system; providing
37	for charitable contributions; providing for land use
38	changes; providing a transitional schedule and procedures
39	for a first election; providing for first-year expenses;
40	providing for adoption of transitional ordinances,
41	resolutions, comprehensive plans, and local development
42	regulations; providing for continuation of the
43	communications services tax; providing for accelerated
44	entitlement to state-shared revenues; providing for receipt
45	and distribution of motor fuel tax revenues; providing for
46	transferring property, records, and equipment; providing
47	for pending matters; providing for transitional ordinances
48	and resolutions; providing for participation in the local
49	government infrastructure surtax; providing a waiver of
50	certain statutory requirements; providing for continuation
51	of certain services; providing for law enforcement;
52	requiring a referendum; providing effective dates.
53
54	Be It Enacted by the Legislature of the State of Florida:
55
56	Section 1.  Charter; creation; form of government;
57	boundaries and powers.--
58	(1)  CHARTER; CREATION.--
59	(a)  This act may be known as the "Charter of the Town of
60	Palm Harbor" (the "charter"), and the Town of Palm Harbor (the
61	"town") is created.
62	(b)  It is in the best interests of the public health,
63	safety, and welfare of the residents to form a separate
64	municipality for the incorporating communities with all the
65	powers and authority necessary to provide adequate and efficient
66	municipal services.
67	(c)  It is intended that this charter and the incorporation
68	of the Town of Palm Harbor will serve to preserve and protect
69	the distinctive characteristics of the communities that wish to
70	join the incorporation. The town shall practice good stewardship
71	of the natural environment, including its trees, waters, and
72	preserve lands.
73	(d)  It is the intent of this charter and the incorporation
74	of the town to secure the benefits of self-determination and
75	affirm the values of representative democracy, citizen
76	participation, strong community leadership, professional
77	management, and regional cooperation.
78	(2)  FORM OF GOVERNMENT.--The town shall have a council-
79	manager form of government.
80	(3)  CORPORATE BOUNDARIES.--The corporate boundaries of the
81	Town of Palm Harbor shall be described as follows:
82
83	Begin at the intersection of the centerline of the
84	Intracoastal Waterway and the westerly extension of
85	the centerline of Klosterman Road. Thence run East by
86	the Centerline of Klosterman Road and the westerly
87	extension thereof to the West 1/4 corner of Section
88	19, Township 27 South, Range 16 east; thence S.
89	0°14'32" E. along the West line of said Section 19,
90	1333.85 feet to the Southwest corner of Lot 56, Tampa
91	and Tarpon Springs Land Company Sub. As recorded in
92	Plat Book H1 Page 116 of the official records of
93	Hillsborough County, of which Pinellas County was
94	formerly a part; thence S. 87°48'12" E. along the
95	South Line of Lots 56 and 52 of said subdivision,
96	1740.84 feet; thence N. 0°33'31" W. along the
97	Southerly extension of the East line of Lot 51 of said
98	subdivision and the East Line of Lot 51, 1385.80 feet
99	to the East and est. centerline of said Section 19,
100	said centerline also being the centerline of
101	Klosterman Road; thence run East by the centerline of
102	Klosterman Road and the Easterly extension thereof to
103	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.
106	586); thence West by the centerline of Curlew Rd.
107	(S.R. 586) to a point on the North-South centerline of
108	the Northwest 1/4 of Section 14, Township 28 South,
109	Range 15 East; thence North by the North-South
110	centerline of the Northwest 1/4 of said Section 14 to
111	the North Section line of said Section 14; thence West
112	on said section line and continuing West on the North
113	Section line of Section 15, Township 28 South, Range
114	15 East to the centerline of the Intracoastal
115	Waterway; thence North on said centerline of the
116	Intracoastal Waterway to the Point of Beginning.
117
118	(4)  MUNICIPAL POWERS.--The town shall be a body corporate
119	and politic and shall have all available governmental,
120	corporate, and proprietary powers of a municipality under the
121	State Constitution and general law, as fully and completely as
122	though such powers were specifically enumerated in this charter,
123	and may exercise them, except when prohibited by law. Through
124	the adoption of this charter, it is the intent of the electors
125	of the town that the municipal government established herein has
126	the broadest exercise of home rule powers permitted under the
127	State Constitution and general law. This charter and the powers
128	of the town shall be construed liberally in favor of the town.
129	It is recognized that certain services within the municipal
130	boundaries are provided by independent special districts created
131	by special acts of the Legislature and by Pinellas County.
132	Section 2.  Council; mayor; vice mayor.--
133	(1)  TOWN COUNCIL.--There shall be a five-member town
134	council ("council") vested with all legislative powers of the
135	town. Unless otherwise stated within this charter, all charter
136	powers shall be exercised by the council.
137	(2)  MAYOR; VICE MAYOR; POWERS AND DUTIES.--
138	(a)  The council, at its first regular meeting every year,
139	shall elect from its members a mayor and vice mayor who shall
140	serve for a period of 1 year each and who shall have the same
141	legislative powers and duties as any other council member,
142	except as provided in this subsection.
143	(b)  In addition to carrying out the regular duties of a
144	council member, the mayor shall preside at the meetings of the
145	council and shall be recognized as the head of town government
146	for service of process, ceremonial matters, and the signature or
147	execution of ordinances, contracts, deeds, bonds, and other
148	instruments and documents and for purposes of military law. The
149	mayor shall also serve as the ceremonial head of the town and
150	the town official designated to represent the town when dealing
151	with other entities. The mayor shall have no administrative
152	duties other than those necessary to accomplish these actions or
153	such other actions as may be authorized by the town council,
154	consistent with general or special law.
155	(c)  In addition to carrying out the regular duties of a
156	council member, the vice mayor shall, in the absence of the
157	mayor, act as mayor, preside at the meetings of the council, and
158	be recognized as the head of town government for service of
159	process, ceremonial matters, and the signature or execution of
160	ordinances, contracts, deeds, bonds, and other instruments and
161	documents and for purposes of military law. The vice mayor
162	shall, in the absence of the mayor, serve as the ceremonial head
163	of the town and the town official designated to represent the
164	town when dealing with other entities. The vice mayor shall have
165	no administrative duties other than those necessary to
166	accomplish these actions or such other actions as may be
167	authorized by the town council, consistent with general or
168	special law.
169	(d)  In the absence of the mayor and vice mayor, the
170	remaining council members shall select a council member to serve
171	as acting mayor.
172	Section 3.  Election and terms of office.--
173	(1)  TERM OF OFFICE.--Each council member shall be elected
174	for a 4-year term by the electors of the town in the manner
175	provided in this section. Council members shall be sworn into
176	office at the first regularly scheduled meeting after their
177	election. Each council member shall remain in office until his
178	or her successor is elected and assumes the duties of the
179	position.
180	(2)  DESIGNATED COUNCIL SEATS.--The town council shall
181	consist of five seats. Seats 1, 2, 3, 4, and 5 will be at-large
182	seats and will be elected from and represent the entire town.
183	(3)  QUALIFICATION.--Candidates for each council seat must
184	qualify for council elections by seat in accordance with
185	applicable general law, and the council members elected to those
186	seats shall hold the seats 1 through 5, respectively. To qualify
187	for office, each candidate for council member shall:
188	(a)  File a written notice of candidacy with the town clerk
189	at such time and in such manner as may be prescribed by
190	ordinance and shall make payment to the town of any fees
191	required by general law as qualifying fees.
192	(b)  Be a registered elector in the state.
193	(c)  Have maintained his or her domicile within the town
194	for a period of 1 year prior to qualifying for election and, if
195	elected, shall maintain such residency throughout his or her
196	term of office. Any resident of the town who wishes to become a
197	candidate for a council member seat shall qualify with the town
198	clerk no sooner than noon on the second Tuesday in January, nor
199	later than noon on the first Tuesday in February, of the year in
200	which the election is to be held.
201	(4)  VACANCIES IN OFFICE; FORFEITURE; SUSPENSION; FILLING
202	OF VACANCIES.--
203	(a)  Vacancies.--A vacancy in the office of any council
204	member shall occur upon the death of the incumbent, removal from
205	office as authorized by law, resignation, appointment to other
206	public office which creates dual officeholding, judicially
207	determined incompetence, or forfeiture of office as described in
208	paragraph (b).
209	(b)  Forfeiture of office.--Any council member shall
210	forfeit his or her office upon determination by the council,
211	acting as a body at a duly noticed public meeting, that he or
212	she:
213	1.  Lacks at any time, or fails to maintain during his or
214	her term of office, any qualification for the office prescribed
215	by this charter or otherwise required by law;
216	2.  Has been convicted of a felony or entered a plea of
217	guilty or nolo contendere to a crime punishable as a felony,
218	even if adjudication of guilt was withheld;
219	3.  Has been convicted of a first degree misdemeanor
220	arising directly out of his or her official conduct or duties,
221	or entered a plea of guilty or nolo contendere thereto, even if
222	adjudication of guilt was withheld;
223	4.  Has been found to have violated any standard of conduct
224	or code of ethics established by law for public officials and
225	has been suspended from office by the Governor, unless
226	subsequently reinstated as provided by law; or
227	5.  Has been absent from three consecutive regular council
228	meetings without good cause or for any other reason established
229	in this charter.
230
231	The council shall be the sole judge of the qualifications of its
232	members and shall hear all questions relating to forfeiture of a
233	council member's office, including whether or not good cause for
234	absence has been or may be established. The burden of
235	establishing good cause shall be on the council member in
236	question; however, any council member may at any time during any
237	duly held meeting move to establish good cause for his or her
238	absence or the absence of any other council member from any
239	past, present, or future meeting or meetings, which motion, if
240	carried, shall be conclusive. A council member whose
241	qualifications are in question or who is otherwise subject to
242	forfeiture of his or her office shall not vote on any such
243	matters. The council member in question shall be entitled to a
244	public hearing upon request regarding an alleged forfeiture of
245	office. If a public hearing is requested, notice thereof shall
246	be published in one or more newspapers of general circulation in
247	the town at least 1 week in advance of the hearing. Any final
248	determination by the council that a council member has forfeited
249	his or her office shall be made by resolution. All votes and
250	other acts of the council member in question prior to the
251	effective date of such resolution shall be valid regardless of
252	the grounds of forfeiture.
253	(c)  Suspension from office.--Any council member shall be
254	suspended from office upon return of an indictment or issuance
255	of any information charging the council member with any crime
256	that is punishable as a felony or with any crime arising out of
257	his or her official duties that is punishable as a first degree
258	misdemeanor.
259	1.  During a period of suspension, a council member shall
260	not perform any official act, duty, or function or receive any
261	pay, allowance, emolument, or privilege of office.
262	2.  If the council member is subsequently found not guilty
263	of the charge or if the charge is otherwise dismissed, reduced,
264	or altered in such a manner that suspension would no longer be
265	required as provided in this paragraph, the suspension shall be
266	lifted and the council member shall be entitled to receive full
267	back pay and such other emoluments or allowances to which he or
268	she would have been entitled had the suspension not occurred.
269	(d)  Filling of vacancies.--
270	1.  If any vacancy occurs in the office of any council
271	member, the remaining council members shall, within 30 days
272	after the occurrence of such vacancy, by majority vote, appoint
273	a person to fill the vacancy until the next regularly scheduled
274	town election, at which time an election shall be held to fill
275	the vacancy. The first choice for this replacement council
276	member shall be the candidate from that district who received
277	the second highest number of votes in the last election. If the
278	council fails to appoint a replacement council member within 45
279	days after the occurrence of the vacancy, the council shall call
280	for a special election to fill that vacancy, to be held no
281	sooner than 90 days and no later than 120 days following the
282	occurrence of the vacancy and as otherwise governed by law.
283	2.  Any person appointed to fill a vacancy on the council
284	shall be required to meet the qualifications of the seat to
285	which he or she is appointed.
286	3.  Notwithstanding any quorum requirements established in
287	this charter, if at any time the full membership of the council
288	is reduced to less than a quorum, the remaining members may, by
289	majority vote, appoint additional members to the extent
290	otherwise permitted or required under this subsection.
291	4.  In the event that all the members of the council are
292	removed by death, disability, recall, forfeiture of office, or
293	resignation, or any combination thereof, the Governor shall
294	appoint interim council members who shall call a special
295	election within not less than 30 days or more than 60 days after
296	such appointment. Such election shall be held in the same manner
297	as the initial elections under this charter. However, if less
298	than 6 months remain in any unexpired term, the interim council
299	member appointed by the Governor shall serve out that unexpired
300	term. Appointees must meet all requirements for candidates as
301	provided in this charter.
302	(e)  Compensation and expenses.--
303	1.  Town council members shall be entitled to reimbursement
304	in accordance with general law for authorized travel and per
305	diem expenses incurred in the performance of their official
306	duties.
307	2.  Town council members shall be compensated at the rate
308	of $8,000 per year, except that the council member elected by
309	the council to act as mayor shall be compensated at the rate of
310	$10,000 per year. The town council, by not fewer than four
311	affirmative votes, may elect to provide for any adjustment in
312	such compensation by ordinance. However, no such ordinance
313	increasing compensation shall take effect until the date of
314	commencement of the terms of council members elected at the next
315	regular election following the adoption of such ordinance.
316	Section 4.  Administrative provisions.--
317	(1)  DESIGNATION OF CHARTER OFFICERS.--The town manager and
318	the town attorney are designated as charter officers, except
319	that the office of town attorney may be contracted to an
320	attorney or law firm.
321	(2)  APPOINTMENT; REMOVAL; COMPENSATION; FILLING OF
322	VACANCIES.--
323	(a)  The charter officers shall be appointed by a majority
324	vote of the full council and shall serve at the pleasure of the
325	council.
326	(b)  The charter officers shall be removed from office only
327	by a supermajority vote of the full council. Upon demand by a
328	charter officer, a public hearing shall be held prior to such
329	removal.
330	(c)  The compensation of the charter officers shall be
331	fixed by the town council through the approval of an acceptable
332	employment contract.
333	(d)  The town council shall begin the process to fill a
334	vacancy in a charter office within 90 days after the vacancy
335	occurs. An acting town manager or an acting town attorney may be
336	appointed by the council during a vacancy in such charter
337	office.
338	(e)  A charter officer shall not be a member of the town
339	council or a candidate for town council while holding a charter
340	officer position.
341	(3)  TOWN MANAGER.--The town manager shall be the chief
342	administrative officer of the town.
343	(a)  The town council shall appoint a town manager who
344	shall be the administrative head of the municipal government
345	under the direction and supervision of the town council. The
346	town manager shall hold office at the pleasure of the town
347	council. The town manager shall be appointed by resolution
348	approving an employment contract between the town and the town
349	manager. The town manager shall receive such compensation as
350	determined by the town council through the adoption of an
351	appropriate resolution.
352	(b)  The town manager shall have the minimum qualifications
353	of a combination of a bachelor's degree in public
354	administration, business administration, or other related field
355	from an accredited college or university and 3 years' public
356	administration experience.
357	(c)  It is preferred that the town manager be credentialed
358	by the International City/County Management Association or
359	obtain such credential within 2 years after being appointed.
360	(d)  During the absence or disability of the town manager,
361	the town council may by resolution designate a properly
362	qualified person to temporarily execute the functions of the
363	town manager. The person thus designated shall have the same
364	powers and duties as the town manager and shall, while serving,
365	be known as acting town manager. The town manager or acting town
366	manager may be removed by the town council at any time.
367	(e)  As the chief administrative officer, the town manager
368	shall:
369	1.  Direct and supervise the administration of all
370	departments, offices, and agencies of the town, except the
371	office of town attorney and except as otherwise provided by this
372	charter or by general law.
373	2.  Appoint, suspend, or remove any employee of the town or
374	appointive administrative officer provided for under this
375	charter, except the office of town attorney and except as may
376	otherwise be provided by law, this charter, or personnel rules
377	adopted pursuant to the charter. The town manager may authorize
378	any administrative officer who is subject to his or her
379	direction and supervision to exercise these powers with respect
380	to subordinates in that officer's department, office, or agency.
381	3.  Ensure that all laws, provisions of the charter, and
382	acts of the council are faithfully executed.
383	4.  Prepare and submit the annual budget and capital
384	program to the council in the form prescribed by ordinance.
385	5.  Attend meetings of the town council.
386	6.  Draw and sign vouchers upon depositories as provided by
387	ordinance and keep, or cause to be kept, a true and accurate
388	account of same.
389	7.  Sign all licenses issued by the town, issue receipts
390	for all moneys paid to the town, and deposit such moneys in the
391	proper depositories on the first banking day after receipt. The
392	town manager may delegate the responsibilities of this
393	subparagraph to an appropriate town employee who shall be
394	bonded.
395	8.  Provide administrative services in support of the
396	official duties of the mayor and the council.
397	9.  Keep the council advised as to the financial condition
398	and future needs of the town and make recommendations to the
399	council concerning the affairs of the town.
400	10.  Submit to the council, and make available to the
401	public, a complete report on finances and administrative
402	activities of the town at the end of each fiscal year.
403	11.  Sign contracts on behalf of the town to the extent
404	authorized by ordinance.
405	12.  Perform such other duties as are specified in this
406	charter or as may be required by the council.
407	(4)  TOWN ATTORNEY.--
408	(a)  The town attorney shall be employed under terms and
409	conditions deemed advisable by the town council, which may
410	include the appointment of a law firm.
411	(b)  The town attorney shall be a member in good standing
412	with The Florida Bar, have been admitted to practice in the
413	state for at least 5 years, and have not less than 2 years'
414	experience in the practice of local government law.
415	(c)  The town attorney has sole discretion to appoint,
416	promote, suspend, demote, remove, or terminate deputy and
417	assistant town attorneys, subject to the town's annual budget.
418	(d)  The town attorney shall perform the following
419	functions in addition to other functions as designated by the
420	town council:
421	1.  Serve as chief legal advisor to the town council, the
422	charter officers, and all town departments, offices, and
423	agencies.
424	2.  Attend all regular and special town council meetings,
425	unless excused by the town council, and perform such
426	professional duties as may be required by law or by the council
427	in furtherance of the law.
428	3.  Approve all contracts, bonds, and other instruments in
429	which the town is concerned and shall endorse on each his or her
430	approval of the form and correctness thereof. No contract with
431	the town shall take effect until his or her approval is so
432	endorsed thereon.
433	4.  When requested to do so by the council, prosecute and
434	defend on behalf of the town all complaints, suits, and
435	controversies in which the town is a party.
436	5.  Perform such other professional duties as required of
437	him or her by resolution of the council or as prescribed for
438	municipal attorneys in general law that are not inconsistent
439	with this charter.
440	6.  Prepare an annual budget for the operation of the
441	office of the town attorney and submit this budget to the town
442	manager for inclusion in the annual town budget, in accordance
443	with uniform town procedures.
444	(5)  TOWN CLERK.--The town manager shall appoint a town
445	clerk or a management firm to serve as town clerk (the "clerk").
446	The clerk shall give notice of council meetings to council
447	members and the public, keep minutes of council proceedings, and
448	perform such other duties as the council or town manager may
449	prescribe. The clerk shall report to the town manager.
450	(6)  EXPENDITURE OF TOWN FUNDS.--No funds of the town shall
451	be expended except pursuant to duly approved appropriations or
452	for the payment of bonds, notes, or other indebtedness duly
453	authorized by the council and only from such funds so
454	authorized.
455	(7)  TOWN BOARDS AND AGENCIES.--Except as otherwise
456	provided by law, the council may establish or terminate such
457	boards and agencies as it may deem advisable from time to time.
458	The boards and agencies shall report to the council. Members of
459	boards and agencies shall be appointed by the council by
460	resolution.
461	(8)  CONTRACTING FOR TRADITIONAL MUNICIPAL SERVICES.--It is
462	the intent of the town to provide traditional municipal services
463	through public and private contract providers. Accordingly,
464	traditional municipal services shall be rendered through
465	contract providers, not town employees, unless approved by at
466	least a four-fifths vote of the town council. If the town
467	council determines that any traditional municipal service is to
468	be provided through town employees, the town manager shall be
469	responsible for the hiring, supervision, and removal of all such
470	employees. For purposes of this section, "traditional municipal
471	services" means public safety, public works, administrative
472	services, community development, and community services.
473	Section 5.  Legislative provisions.--
474	(1)  REGULAR MEETINGS.--The council shall conduct regular
475	meetings at such times and places as the council shall prescribe
476	by resolution. Such meetings shall be public meetings within the
477	meaning of general law and shall be subject to notice and other
478	requirements of law applicable to public meetings.
479	(2)  SPECIAL MEETINGS.--Special meetings may be held at the
480	call of the mayor or, in his or her absence, at the call of the
481	vice mayor. Special meetings may also be called upon the request
482	of a majority of the council members. Unless the meeting is of
483	an emergency nature, the person or persons calling such a
484	meeting shall provide not less than 72 hours' prior notice of
485	the meeting to the public.
486	(3)  COMMENCEMENT.--All meetings shall be scheduled to
487	commence no earlier than 7 a.m. and no later than 10 p.m.
488	(4)  RULES; ORDER OF BUSINESS.--The council shall determine
489	its own rules and order of business.
490	(5)  QUORUM.--A majority of the full council shall
491	constitute a quorum.
492	(6)  VALIDITY OF ACTION.--No action of the council shall be
493	valid unless adopted by an affirmative vote of the majority of
494	the full council, unless otherwise provided by law.
495	(7)  LEGISLATIVE POWERS.--Except as otherwise prescribed
496	herein or as provided by law, the legislative powers of the town
497	shall be vested in the council. The council shall provide for
498	the exercise of its powers and for the performance of all duties
499	and obligations imposed on the town by law.
500	(8)  DEPARTMENTS.--The council may establish such other
501	departments, offices, or agencies as it determines necessary for
502	the efficient administration and operation of the town. Such
503	departments, offices, or agencies shall be established by
504	ordinance.
505	(9)  CODE.--The council may adopt any standard code of
506	technical regulations by reference thereto in an adopting
507	ordinance and may amend the code in the adopting ordinance or
508	later amendatory ordinance. The procedures and requirements
509	governing such an adopting ordinance shall be as prescribed for
510	ordinances generally, except that:
511	(a)  Requirements regarding distribution and filing of
512	copies of the ordinance shall not be construed to require
513	distribution and filing of copies of the adopted code of
514	technical regulations.
515	(b)  A copy of each adopted code of technical regulations,
516	as well as of the adopting ordinance, shall be authenticated and
517	recorded by the town clerk.
518	(10)  EMERGENCY ORDINANCES.--
519	(a)  To meet a public emergency affecting life, health,
520	property, or the public peace, the council may adopt, in the
521	manner provided by general law, one or more emergency
522	ordinances, but such ordinances may not enact or amend a land
523	use plan or rezone private property; levy taxes; grant, renew,
524	or extend any municipal franchise; set service or user charges
525	for any municipal services; or authorize the borrowing of money,
526	except as provided in subsection (11) for emergency
527	appropriations, if applicable. An emergency ordinance shall be
528	introduced in the form and manner prescribed for ordinances
529	generally, except that it shall be plainly designated in a
530	preamble as an emergency ordinance and shall contain, after the
531	enacting clause, a declaration stating that an emergency exists
532	and describing the emergency in clear and specific terms.
533	(b)  Upon the affirmative vote of a majority of council
534	members, an emergency ordinance may be adopted with or without
535	amendment or rejected at the meeting at which it is introduced.
536	After its adoption, the ordinance shall be advertised and
537	printed as prescribed for other ordinances.
538	(c)  An emergency ordinance shall become effective upon
539	adoption or at such other date as may be specified in the
540	ordinance.
541	(d)  Every emergency ordinance, except an emergency
542	appropriation ordinance, shall automatically be repealed as of
543	the 61st day after its effective date, but this shall not
544	prevent reenactment of the ordinance under regular procedures
545	or, if the emergency still exists, in the manner specified in
546	this section. An emergency ordinance may also be repealed by
547	adoption of a repealing ordinance in the same manner specified
548	in this section for adoption of emergency ordinances.
549	(11)  EMERGENCY APPROPRIATIONS.--To meet a public emergency
550	affecting life, health, property, or the public peace, the
551	council, by resolution, may make emergency appropriations. To
552	the extent that there are no unappropriated revenues to meet
553	such appropriation, the council may by such emergency resolution
554	authorize the issuance of emergency notes, which may be renewed
555	from time to time, but the emergency notes and renewals in any
556	fiscal year shall be paid not later than the last day of the
557	fiscal year succeeding that in which the emergency
558	appropriations were made.
559	(12)  RECORDKEEPING.--The council shall, in a properly
560	indexed book kept for that purpose, provide for the
561	authentication and recording in full of all minutes of meetings
562	and all ordinances and resolutions adopted by the council, and
563	the same shall at all times be a public record. The council
564	shall further maintain a current codification of all ordinances.
565	Such codification shall be printed and shall be made available
566	for distribution to the public on a continuing basis. All
567	ordinances and resolutions of the council shall be signed by all
568	council members and attested to by the town clerk.
569	(13)  DUAL OFFICEHOLDING.--No current elected town official
570	shall hold any compensated appointive office or employment of
571	the town while in office, nor shall any former council member be
572	employed by the town until after the expiration of 1 year after
573	leaving office.
574	(14)  NONINTERFERENCE BY TOWN COUNCIL.--Except for the
575	purposes of inquiry and information, council members are
576	expressly prohibited from interfering with the performance of
577	the duties of any employee of the town government who is under
578	the direct or indirect supervision of the town manager or town
579	attorney. Such action shall be malfeasance within the meaning of
580	section 112.51, Florida Statutes. Recommendations for
581	improvements in the town government operations shall come
582	through the town manager, but each member of the council shall
583	be free to discuss with or recommend to the town manager
584	improvements in the town government operations, and the council
585	is free to direct the town manager to implement specific
586	recommendations for improvement in town government operations.
587	Section 6.  Budget and appropriations.--
588	(1)  FISCAL YEAR.--The town shall have a fiscal year that
589	shall begin on the first day of October and shall end on the
590	last day of September of the succeeding calendar year, unless
591	otherwise defined by general law. Such fiscal year shall also
592	constitute the annual budget and accounting year.
593	(2)  BUDGET ADOPTION.--The council shall adopt a budget in
594	accordance with applicable general law after a minimum of two
595	public hearings on the proposed budget. A resolution adopting
596	the annual budget shall constitute appropriation of the amounts
597	specified therein as expenditures from funds indicated.
598	(3)  EXPENDITURES.--The budget shall not provide for
599	expenditures in an amount greater than the revenues budgeted.
600	(4)  APPROPRIATIONS.--
601	(a)  If, during the fiscal year, revenues in excess of
602	those estimated in the budget are available for appropriation,
603	the council may by resolution make supplemental appropriations
604	for the year in an amount not to exceed such excess.
605	(b)  If, at any time during the fiscal year, it appears
606	probable to the town manager that the revenues available will be
607	insufficient to meet the amount appropriated, the town manager
608	shall report to the council without delay indicating the
609	estimated amount of the deficit, any remedial action taken, and
610	recommendations as to any other steps that should be taken. The
611	council shall then take such further action as it deems
612	necessary to prevent or minimize any deficit and, for that
613	purpose, the council may by resolution reduce one or more
614	appropriations accordingly.
615	(c)  No appropriation for debt service may be reduced or
616	transferred, and no appropriation may be reduced below any
617	amount required by law to be appropriated or by more than the
618	unencumbered balance thereof. Other provisions of law to the
619	contrary notwithstanding, the supplemental and emergency
620	appropriations and reduction or transfer of appropriations
621	authorized by this charter may be made effective immediately
622	upon adoption.
623	(d)  The council shall maintain a reserve fund, provided
624	for as a line item within its budget, to be used only to provide
625	for the replacement or renewal of capital equipment and for
626	facilities repair or in cases of unforeseen damage to equipment
627	or facilities caused by an act of God and not covered by
628	insurance. This fund shall be annually funded at a minimum of 3
629	percent of the annual town tax revenues used to calculate the
630	year's budget and shall accrue to $10,000,000, at which time the
631	set-aside funds may be discontinued until the fund drops below
632	the $10,000,000 threshold. This provision may only be amended by
633	a majority vote of the town electors.
634	(5)  BONDS; INDEBTEDNESS.--
635	(a)  Subject to the referendum requirements of the State
636	Constitution, if applicable, the town may from time to time
637	borrow money and issue bonds or other obligations or evidence of
638	indebtedness (collectively, "bonds") of any type or character
639	for any of the purposes for which the town is now or hereafter
640	authorized by law to borrow money, including to finance the cost
641	of any capital or other project and to refund any and all
642	previous issues of bonds at or prior to maturity. Such bonds may
643	be issued pursuant to one or more resolutions adopted by a
644	majority of the council.
645	(b)  The town may assume all outstanding indebtedness
646	related to facilities it acquires from other units of local
647	government and shall be liable for payment thereon in accordance
648	with the terms of such indebtedness.
649	(6)  REVENUE BONDS; LEASE-PURCHASE CONTRACTS.--Unless
650	authorized by the electors of the town at a duly held referendum
651	election, the council shall not authorize or allow to be
652	authorized the issuance of revenue bonds or enter into lease-
653	purchase contracts or any other unfunded multiyear contracts for
654	the purchase of real property or the construction of any capital
655	improvement the repayment of which extends in excess of 36
656	months unless mandated by state or federal governing agencies.
657	(7)  ANNUAL AUDIT.--The council shall provide for an
658	independent annual financial audit of all town accounts and may
659	provide for more frequent audits as it deems necessary. Such
660	audits shall be made by a certified public accountant or a firm
661	of such accountants who have no personal interest, direct or
662	indirect, in the fiscal affairs of the town government or in any
663	of its officers. Residency in the town shall not be construed as
664	a prohibited interest.
665	Section 7.  Elections.--
666	(1)  ELECTORS.--Any person who is a resident of the town,
667	who has qualified as an elector of this state, and who registers
668	in the manner prescribed by general law shall be an elector of
669	the town.
670	(2)  NONPARTISAN ELECTIONS.--All elections for town council
671	members shall be conducted on a nonpartisan basis without any
672	designation of political party affiliation.
673	(3)  ELECTION DATES.--All regularly scheduled elections
674	shall be held on the second Tuesday after the first Monday in
675	March of even-numbered years, as follows:
676	(a)  For the three candidates for at-large council member
677	seats 1, 2, and 3 who receive the highest number of votes for
678	their respective seats in the March 2010 election, the next
679	election to fill these seats shall be held on the second Tuesday
680	after the first Monday in March 2014 and every 4 years
681	thereafter.
682	(b)  For the two candidates for at-large council member
683	seats 4 and 5 who receive the highest number of votes for their
684	respective seats in the March 2010 election, the next election
685	to fill these seats shall be held on the second Tuesday after
686	the first Monday in March 2012 and every 4 years thereafter.
687	(4)  RUNOFF ELECTIONS.--In the event no candidate for an
688	office receives a majority of the votes cast for such office,
689	the person receiving the largest number of votes cast will be
690	elected. In the event two candidates receive an equal number of
691	votes and the vote total exceeds all other candidates, a runoff
692	election for the two candidates with the largest vote total
693	shall be held on the fourth Tuesday in March. In the event that
694	the runoff election results in a tie, the outcome shall be
695	determined by lot.
696	(5)  TOWN CANVASSING BOARD.--The Pinellas County canvassing
697	board shall serve as the Town of Palm Harbor's canvassing board
698	and shall canvass and certify all municipal elections and
699	referenda unless otherwise provided for by future ordinance.
700	(6)  SPECIAL ELECTIONS.--Special municipal elections, when
701	required, shall be scheduled by the council at such times and in
702	such manner as shall be consistent with this charter and general
703	law.
704	(7)  GENERAL ELECTION.--
705	(a)  The ballot for the general election shall contain the
706	names of all qualified candidates and shall instruct electors to
707	cast one vote for each at-large council member seat. The
708	candidate for each council member seat receiving the most votes
709	shall be the duly elected council member for that designated
710	council member seat.
711	(b)  No election for any council member seat shall be
712	required in any election if there is only one duly qualified
713	candidate for the council member seat.
714	(c)  The term of office of any elected official shall
715	commence immediately after the election.
716	(d)  All elected officers, before entering upon their
717	duties, shall take and subscribe to the following oath of
718	office: "I do solemnly swear (or affirm) that I will support,
719	protect, and defend the Constitution and Government of the
720	United States and of the state and the charter of the Town of
721	Palm Harbor; that I am duly qualified to hold office under the
722	Constitution of the State and the charter of the Town of Palm
723	Harbor; and that I will well and faithfully perform the duties
724	of council member upon which I am now about to enter."
725	(e)  The election laws of the state shall apply to all
726	elections.
727	(f)  Any member of the town council may be removed from
728	office by the electors of the town following the procedures for
729	recall established by general law.
730	Section 8.  General provisions.--
731	(1)  SEVERABILITY.--If any section or part of any section
732	of this charter is held invalid by a court of competent
733	jurisdiction, such holding shall not affect the remainder of
734	this charter or the context in which such section or part of a
735	section so held invalid may appear, except to the extent that an
736	entire section or part of a section may be inseparably connected
737	in meaning and effect with the section or part of a section to
738	which such holding directly applies.
739	(2)  TOWN PERSONNEL SYSTEM.--All new employments,
740	appointments, and promotions of town officers and employees
741	shall be made pursuant to personnel procedures to be established
742	by the town manager from time to time.
743	(3)  CHARITABLE CONTRIBUTIONS.--The town shall not make any
744	charitable contribution to any person or entity unless
745	authorized by the council.
746	(4)  VARIATION OF PRONOUNS.--All pronouns and any
747	variations thereof used in this charter shall be deemed to refer
748	to masculine, feminine, neutral, singular, or plural as the
749	identity of the person or persons require and are not intended
750	to describe, interpret, define, or limit the scope, extent, or
751	intent of this charter.
752	(5)  CALENDAR DAY.--For the purpose of this charter, a
753	"day" means a calendar day.
754	(6)  CHARTER REVIEW COMMITTEE.--
755	(a)  At its first regular meeting in April 2014 and every
756	10th year thereafter, the town council shall appoint a charter
757	review committee consisting of 15 individuals who are not
758	members of the town council to serve in an advisory capacity to
759	the town council.
760	(b)  Each council member shall recommend and nominate three
761	individuals to serve on the committee as regular members, which
762	appointments shall be approved by a majority vote of the town
763	council. Individuals appointed to the charter review committee
764	shall be citizens of the town.
765	(c)  The charter review committee shall appoint its own
766	chair and vice chair and adopt its own rules and procedures.
767	(d)  The town clerk and the town attorney shall advise the
768	town council in advance of the date when such appointments may
769	be made.
770	(e)  If appointed, the charter review committee shall
771	commence its proceedings within 30 days after the committee is
772	appointed by the town council. The committee shall review the
773	charter and provide input to the town council to modernize and
774	improve the charter. The public shall be given an opportunity to
775	speak and participate at charter review committee meetings in
776	accordance with the rules of the charter review committee.
777	(f)  All recommendations by the charter review committee
778	shall be forwarded to the town council in ordinance form for
779	consideration no later than the 1st day of March of the year
780	after the appointment of the charter review committee and in
781	sufficient time for any recommendations to be considered by the
782	town council as provided in this subsection.
783	(g)  The town council shall consider the recommendations of
784	the charter review committee at the regular meeting in November
785	and the regular meeting in December of the year after
786	appointment of the charter review committee.
787	(7)  CHARTER AMENDMENTS.--This charter may be amended in
788	accordance with the provisions for charter amendments as
789	specified in general law or as may otherwise be provided by
790	general law. The form, content, and certification of any
791	petition to amend shall be established by ordinance.
792	(8)  INITIATION BY PETITION.--The electors of the town may
793	propose amendments to this charter by petition submitted to the
794	council to be placed before the electors, as provided by general
795	law.
796	(9)  STANDARDS OF CONDUCT.--All elected officials and
797	employees of the town shall be subject to the standards of
798	conduct for public officers and employees set by general law. In
799	addition, the town council shall, no later than 6 months after
800	the effective date of incorporation, establish by ordinance a
801	code of ethics for officials and employees of the town which may
802	be supplemental to general law, but in no case may such an
803	ordinance diminish the provisions of general law. The intent of
804	this subsection is to require more stringent standards than
805	those provided under general law.
806	(10)  LAND USE; REZONING.--Any change to the town's future
807	land use map or any change to the zoning designation for any
808	parcel within the town shall require the affirmative vote of no
809	fewer than four members of the town council.
810	Section 9.  Transition schedule.--
811	(1)  REFERENDUM.--The Pinellas County Commission shall hold
812	the referendum election called for by this act on November 3,
813	2009, at which time the following question shall be placed upon
814	the ballot:
815	"Shall the creation of the Town of Palm Harbor and its
816	charter be approved?"     Yes    No
817
818	In the event this question is answered affirmatively by a
819	majority of electors voting in the referendum, the provisions of
820	the charter shall take effect as provided for in this charter.
821	The referendum election shall be conducted by the Supervisor of
822	Elections of Pinellas County in accordance with the Florida
823	Election Code, and the cost of such election shall be funded by
824	Pinellas County.
825	(2)  INITIAL ELECTION OF COUNCIL MEMBERS; DATES.--
826	(a)  Following the adoption of this charter, the Pinellas
827	County Commission shall call a special election for the election
828	of the five town council members to be held on March 9, 2010.
829	Candidates for the election shall qualify for seat 1, seat 2,
830	seat 3, seat 4, and seat 5. The candidate receiving the highest
831	number of votes for that seat shall be elected. If two or more
832	candidates for a designated council member seat receive an equal
833	and the highest number of votes, those candidates shall run
834	again in the runoff election to be held on March 23, 2010.
835	(b)  Any individual who wishes to run for one of the five
836	initial seats on the council shall qualify as a candidate with
837	the Pinellas County Supervisor of Elections in accordance with
838	the provisions of this charter and general law.
839	(c)  The Pinellas County canvassing board shall canvass and
840	certify the results of the election.
841	(d)  Those candidates who are elected on March 9, 2010, and
842	March 23, 2010, shall take office at the initial town council
843	meeting, which shall be held at 7 p.m. on March 25, 2010.
844	(3)  CREATION AND ESTABLISHMENT OF THE TOWN.--For the
845	purpose of compliance with section 200.066, Florida Statutes,
846	relating to assessment and collection of ad valorem taxes, the
847	town is hereby created and established effective December 1,
848	2009; notwithstanding anything to the contrary contained in this
849	charter, the town, although created and established as of
850	December 1, 2009, shall not be operational until March 25, 2010.
851	(4)  FIRST-YEAR EXPENSES.--The town council, in order to
852	provide moneys for the expenses and support of the town, shall
853	have the power to borrow money necessary for the operation of
854	town government until such time as a budget is adopted and
855	revenues are raised in accordance with the provisions of this
856	charter.
857	(5)  TRANSITIONAL ORDINANCES AND RESOLUTIONS.--All
858	applicable county ordinances currently in place at the time of
859	passage of the referendum, unless specifically referenced in
860	this charter, shall remain in place until and unless rescinded
861	by action of the town council.
862	(6)  TEMPORARY EMERGENCY ORDINANCES.--The town council
863	shall adopt ordinances and resolutions required to effect the
864	transition. Ordinances adopted within 90 days after the first
865	council meeting may be passed as emergency ordinances. These
866	emergency ordinances shall be effective for no longer than 90
867	days after adoption and thereafter may be readopted, renewed, or
868	otherwise continued only in the manner normally prescribed for
869	ordinances.
870	(7)  TRANSITIONAL COMPREHENSIVE PLAN AND LAND DEVELOPMENT
871	REGULATIONS.--
872	(a)  Until such time as the town adopts a comprehensive
873	plan, the Pinellas County Future Land Use Map, the Pinellas
874	County Zoning Map, and all other provisions of the Comprehensive
875	Plan and Land Development Regulations of Pinellas County that
876	are applicable to the town, as the same exist on the day the
877	town commences corporate existence, shall remain in effect as
878	the town's transitional comprehensive plan and land development
879	regulations. However, all planning functions, duties, and
880	authority shall thereafter be vested in the Town Council of Palm
881	Harbor, which shall also be deemed the local planning agency
882	until the council establishes a separate local planning agency.
883	(b)  All powers and duties of the planning commission,
884	zoning authority, any boards of adjustment, and the County
885	Commission of Pinellas County, as set forth in these
886	transitional zoning and land use regulations, shall be vested in
887	the Town Council of Palm Harbor until such time as the town
888	council delegates all or a portion thereof to another entity.
889	(8)  COMMUNICATIONS SERVICES TAX.--The communications
890	services tax imposed pursuant to section 202.19, Florida
891	Statutes, by Pinellas County will continue within the town
892	boundaries during the period commencing with the date of
893	incorporation through December 31, 2010. Revenues from the tax
894	shall be shared by Pinellas County with the town in proportion
895	to the projected town population estimate of the Pinellas County
896	Planning Division compared with the unincorporated population of
897	Pinellas County before the incorporation of the Town of Palm
898	Harbor.
899	(9)  STATE-SHARED REVENUES.--The Town of Palm Harbor shall
900	be entitled to participate in all shared revenue programs of the
901	state available to municipalities effective April 1, 2010. The
902	provisions of section 218.23(1), Florida Statutes, shall be
903	waived for the purpose of eligibility to receive revenue sharing
904	funds from the date of incorporation through the state fiscal
905	year 2011-2012. Initial population estimates for calculating
906	eligibility for shared revenues shall be determined by the
907	University of Florida Bureau of Economic and Business Research.
908	Should the bureau be unable to provide an appropriate population
909	estimate, the Pinellas County Planning Division estimate shall
910	be used. For the purposes of qualifying for revenue sharing, the
911	following revenue sources shall be considered: municipal service
912	taxing units, fire municipal service taxing units, ad valorem
913	taxes, communications services tax, and franchise fees.
914	(10)  MOTOR FUEL TAX REVENUES.--Notwithstanding the
915	requirements of section 336.025, Florida Statutes, to the
916	contrary, the town shall be entitled to receive local option
917	motor fuel tax revenues beginning October 1, 2010. These
918	revenues shall be distributed in accordance with the interlocal
919	agreements with Pinellas County.
920	(11)  DEPARTMENTS, OFFICES, AND AGENCIES.--
921	(a)  From and after the effective date of incorporation of
922	the Town of Palm Harbor, and during the transition period and
923	until such time as the town council becomes operative, Pinellas
924	County shall continue to provide the town residents with all of
925	the same services it provided just prior to the approval of the
926	referendum and adoption of the charter.
927	(b)  The property, records, and equipment of any
928	department, office, or agency of Pinellas County existing when
929	this charter is adopted may, at the discretion of the Pinellas
930	County Commission, be transferred to the department, office, or
931	agency of the town assuming its powers and duties.
932	(12)  PENDING MATTERS.--All rights, claims, actions,
933	orders, contracts, and administrative proceedings affecting the
934	area incorporated into the Town of Palm Harbor shall continue
935	with the county or state agency having jurisdiction over such
936	matters, except as modified, pursuant to the provisions of this
937	charter.
938	(13)  TRANSITIONAL ORDINANCES AND RESOLUTIONS.--
939	(a)  The initial town council shall have the authority and
940	power to enter into contracts, arrange for the hiring of interim
941	legal counsel, begin recruiting applicants for the position of
942	town manager, provide for necessary town offices and facilities,
943	and do such other tasks as deemed necessary and appropriate for
944	the town to become operational on March 25, 2010.
945	(b)  The initial council shall adopt ordinances and
946	resolutions required to effect the transition. Ordinances
947	adopted within 90 days after the first council meeting may be
948	passed as emergency ordinances as provided in this charter,
949	except that the transitional ordinances shall be effective for
950	no longer than 90 days after adoption and, thereafter, may be
951	readopted, renewed, or otherwise continued only in the manner
952	normally prescribed for ordinances.
953	(14)  CONTRACTUAL SERVICES AND FACILITIES.--Services deemed
954	necessary for the operation of the Town of Palm Harbor,
955	including, but not limited to, services for fire protection,
956	police, emergency management, public works, parks and
957	recreation, planning and zoning, building inspection,
958	development review, animal control, and solid waste collection,
959	may be supplied through a contractual agreement between the Town
960	of Palm Harbor and Pinellas County, special districts,
961	municipalities, or private or public enterprises until such time
962	as the town council establishes such independent services.
963	Facilities for housing the newly formed municipal operations may
964	be rented or leased until the Town of Palm Harbor is in the
965	financial position to obtain its own facilities.
966	(15)  INDEPENDENT SPECIAL DISTRICTS.--It is recognized that
967	certain services within the municipal boundaries are provided by
968	independent special districts created by special acts of the
969	Legislature. The town is empowered to merge the functions of
970	said districts with those of the town only upon majority vote of
971	the town council and an affirmative vote of the majority of the
972	council or board governing the district after meeting all
973	requirements for merger or dissolution in the district's
974	enabling legislation and chapter 189, Florida Statutes. It is
975	recognized that certain planning and interlocal agreements may
976	be necessary between the Town of Palm Harbor and such districts,
977	and the town council shall endeavor to maximize the benefits of
978	the districts to the fullest extent possible. In the event the
979	town council desires to supplement or duplicate services
980	determined to be inadequate, the council is fully empowered to
981	do so.
982	(16)  LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.--The Town of
983	Palm Harbor shall be entitled effective April 1, 2010, to
984	participate in the local government infrastructure surtax, a
985	local discretionary sales surtax levied pursuant to section
986	212.055(2), Florida Statutes. If the Town of Palm Harbor is
987	unable to participate in the interlocal agreement between the
988	county's governing body and the governing bodies of the
989	municipalities representing a majority of the county's municipal
990	population, the default distribution method, which is to be
991	based on the local government half-cent sales tax formulas
992	provided in section 218.62, Florida Statutes, shall apply.
993	(17)  WAIVER.--The provisions of section 218.23(1), Florida
994	Statutes, shall be waived for the purpose of conducting audits
995	and financial reporting through fiscal year 2009-2010.
996	Section 10.  Continuation, merger, and dissolution of
997	existing districts and service providers.--
998	(1)  PALM HARBOR SPECIAL FIRE CONTROL DISTRICT;
999	CONTINUATION.--Notwithstanding the incorporation of the Town of
1000	Palm Harbor, that portion of the Palm Harbor Special Fire
1001	Control District, a special taxing district created by chapter
1002	61-2661, Laws of Florida, that lies within the boundaries of the
1003	Town of Palm Harbor is authorized to continue in existence until
1004	the town adopts an ordinance to the contrary. However, the town
1005	shall not establish a town fire department without a referendum.
1006	(2)  PALM HARBOR COMMUNITY SERVICES DISTRICT;
1007	CONTINUATION.--Notwithstanding the incorporation of the Town of
1008	Palm Harbor, that portion of the Palm Harbor Community Services
1009	District, a municipal services taxing unit created in 1985
1010	pursuant to Pinellas County Ordinance 85-28 to provide library
1011	and recreation services to the residents within the boundaries
1012	of the Town of Palm Harbor is authorized to continue in
1013	existence until the town adopts an ordinance to the contrary.
1014	However, the Palm Harbor Community Services Agency shall not be
1015	abolished without a referendum.
1016	(3)  LAW ENFORCEMENT.--Law enforcement services shall be
1017	provided by contract with the Pinellas County Sheriff's Office
1018	or by contract with other law enforcement agencies until the
1019	town adopts an ordinance to the contrary.
1020	Section 11.  This act shall take effect only upon approval
1021	by a majority of those qualified electors residing within the
1022	proposed corporate limits of the proposed Town of Palm Harbor as
1023	described in section 1 voting in a referendum election to be
1024	called by the Board of County Commissioners of Pinellas County
1025	and to be held on November 3, 2009, in accordance with the
1026	provisions relating to elections currently in force, except that
1027	subsection (1) of section 9 and this section shall take effect
1028	upon becoming a law.

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