Florida Senate - 2009 (NP) SB 2708 By Senator Fasano 11-00692-09 20092708__ 1 A bill to be entitled 2 An act relating to Pinellas County; creating the Town 3 of Palm Harbor; providing a charter; providing 4 legislative intent; providing a council-manager form 5 of government; providing boundaries; providing 6 municipal powers; providing for a town council; 7 providing for membership, qualifications, terms, 8 powers, and duties of council members, including the 9 mayor and vice mayor; providing for election and terms 10 of office; providing circumstances resulting in 11 vacancy in office; providing grounds for forfeiture 12 and suspension; providing for filling of vacancies; 13 providing for compensation and expenses; providing for 14 appointment of charter officers, including a town 15 manager and town attorney; providing for removal, 16 compensation, and filling of vacancies; providing 17 qualifications, powers, and duties; providing for 18 appointment of a town clerk; providing for 19 expenditures of town funds and establishment of town 20 boards and agencies; providing for contracting for 21 traditional municipal services; providing for council 22 meetings; providing for adoption of a code of 23 technical regulation; providing for emergency 24 ordinances and appropriations; providing for 25 recordkeeping; providing limitations on employment and 26 officeholding of council members; prohibiting certain 27 interference with town employees; establishing the 28 fiscal year; providing for adoption of annual budget 29 and appropriations; providing for supplemental 30 appropriations; providing for reduction and transfer 31 of appropriations; providing limitations; providing 32 for a reserve fund; providing for referendum 33 requirements for revenue bonds and other multiyear 34 contracts; providing for financial audit; providing 35 for nonpartisan elections and matters relative 36 thereto; providing for recall; providing for a charter 37 review committee and future amendments of the charter; 38 providing for standards of conduct in office; 39 providing for severability; providing for a personnel 40 system; providing for charitable contributions; 41 providing for land use changes; providing a 42 transitional schedule and procedures for a first 43 election; providing for first-year expenses; providing 44 for adoption of transitional ordinances, resolutions, 45 comprehensive plans, and local development 46 regulations; providing for continuation of the 47 communications services tax; providing for accelerated 48 entitlement to state-shared revenues; providing for 49 receipt and distribution of motor fuel tax revenues; 50 providing for transferring property, records, and 51 equipment; providing for pending matters; providing 52 for transitional ordinances and resolutions; providing 53 for participation in the local government 54 infrastructure surtax; providing a waiver of certain 55 statutory requirements; providing for continuation of 56 certain services; providing for law enforcement; 57 requiring a referendum; providing effective dates. 58 59 Be It Enacted by the Legislature of the State of Florida: 60 61 Section 1. Charter; creation; form of government; 62 boundaries and powers.— 63 (1) CHARTER; CREATION.— 64 (a) This act may be known as the “Charter of the Town of 65 Palm Harbor” (the “charter”), and the Town of Palm Harbor (the 66 “town”) is created. 67 (b) It is in the best interests of the public health, 68 safety, and welfare of the residents to form a separate 69 municipality for the incorporating communities with all the 70 powers and authority necessary to provide adequate and efficient 71 municipal services. 72 (c) It is intended that this charter and the incorporation 73 of the Town of Palm Harbor will serve to preserve and protect 74 the distinctive characteristics of the communities that wish to 75 join the incorporation. The town shall practice good stewardship 76 of the natural environment, including its trees, waters, and 77 preserve lands. 78 (d) It is the intent of this charter and the incorporation 79 of the town to secure the benefits of self-determination and 80 affirm the values of representative democracy, citizen 81 participation, strong community leadership, professional 82 management, and regional cooperation. 83 (2) FORM OF GOVERNMENT.—The town shall have a council 84 manager form of government. 85 (3) CORPORATE BOUNDARIES.—The corporate boundaries of the 86 Town of Palm Harbor shall be described as follows: 87 88 Begin at the intersection of the centerline of the Intracoastal 89 Waterway and the westerly extension of the centerline of 90 Klosterman Road. Thence run East by the Centerline of Klosterman 91 Road and the westerly extension thereof to the West 1/4 corner 92 of Section 19, Township 27 South, Range 16 East; thence S. 93 0°14'32” E. along the West line of said Section 19, 1333.85 feet 94 to the Southwest corner of Lot 56, Tampa and Tarpon Springs Land 95 Company Sub. As recorded in Plat Book H1 Page 116 of the 96 official records of Hillsborough County, of which Pinellas 97 County was formerly a part; thence S. 87°48'12” E. along the 98 South Line of Lots 56 and 52 of said subdivision, 1740.84 feet; 99 thence N. 0°33'31” W. along the Southerly extension of the East 100 line of Lot 51 of said subdivision and the East Line of Lot 51, 101 1385.80 feet to the East and est. centerline of said Section 19, 102 said centerline also being the centerline of Klosterman Road; 103 thence run East by the centerline of Klosterman Road and the 104 Easterly extension thereof to the center of Lake Tarpon; thence 105 Southeasterly through the waters of Lake Tarpon and the Lake 106 Tarpon Outfall Canal to the centerline of Curlew Rd. (S.R. 586); 107 thence West by the centerline of Curlew Rd. (S.R. 586) to a 108 point on the North-South centerline of the Northwest 1/4 of 109 Section 14, Township 28 South, Range 15 East; thence North by 110 the North-South centerline of the Northwest 1/4 of said Section 111 14 to the North Section line of said Section 14; thence West on 112 said section line and continuing West on the North Section line 113 of Section 15, Township 28 South, Range 15 East to the 114 centerline of the Intracoastal Waterway; thence North on said 115 centerline of the Intracoastal Waterway to the Point of 116 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 council 134 (”council”) vested with all legislative powers of the town. 135 Unless otherwise stated within this charter, all charter powers 136 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 for 194 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 OF 202 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 forfeit 210 his or her office upon determination by the council, acting as a 211 body at a duly noticed public meeting, that he or she: 212 1. Lacks at any time, or fails to maintain during his or 213 her term of office, any qualification for the office prescribed 214 by this charter or otherwise required by law; 215 2. Has been convicted of a felony or entered a plea of 216 guilty or nolo contendere to a crime punishable as a felony, 217 even if adjudication of guilt was withheld; 218 3. Has been convicted of a first degree misdemeanor arising 219 directly out of his or her official conduct or duties, or 220 entered a plea of guilty or nolo contendere thereto, even if 221 adjudication of guilt was withheld; 222 4. Has been found to have violated any standard of conduct 223 or code of ethics established by law for public officials and 224 has been suspended from office by the Governor, unless 225 subsequently reinstated as provided by law; or 226 5. Has been absent from three consecutive regular council 227 meetings without good cause or for any other reason established 228 in this charter. 229 230 The council shall be the sole judge of the qualifications of its 231 members and shall hear all questions relating to forfeiture of a 232 council member's office, including whether or not good cause for 233 absence has been or may be established. The burden of 234 establishing good cause shall be on the council member in 235 question; however, any council member may at any time during any 236 duly held meeting move to establish good cause for his or her 237 absence or the absence of any other council member from any 238 past, present, or future meeting or meetings, which motion, if 239 carried, shall be conclusive. A council member whose 240 qualifications are in question or who is otherwise subject to 241 forfeiture of his or her office shall not vote on any such 242 matters. The council member in question shall be entitled to a 243 public hearing upon request regarding an alleged forfeiture of 244 office. If a public hearing is requested, notice thereof shall 245 be published in one or more newspapers of general circulation in 246 the town at least 1 week in advance of the hearing. Any final 247 determination by the council that a council member has forfeited 248 his or her office shall be made by resolution. All votes and 249 other acts of the council member in question prior to the 250 effective date of such resolution shall be valid regardless of 251 the grounds of forfeiture. 252 (c) Suspension from office.—Any council member shall be 253 suspended from office upon return of an indictment or issuance 254 of any information charging the council member with any crime 255 that is punishable as a felony or with any crime arising out of 256 his or her official duties that is punishable as a first degree 257 misdemeanor. 258 1. During a period of suspension, a council member shall 259 not perform any official act, duty, or function or receive any 260 pay, allowance, emolument, or privilege of office. 261 2. If the council member is subsequently found not guilty 262 of the charge or if the charge is otherwise dismissed, reduced, 263 or altered in such a manner that suspension would no longer be 264 required as provided in this paragraph, the suspension shall be 265 lifted and the council member shall be entitled to receive full 266 back pay and such other emoluments or allowances to which he or 267 she would have been entitled had the suspension not occurred. 268 (d) Filling of vacancies.— 269 1. If any vacancy occurs in the office of any council 270 member, the remaining council members shall, within 30 days 271 after the occurrence of such vacancy, by majority vote, appoint 272 a person to fill the vacancy until the next regularly scheduled 273 town election, at which time an election shall be held to fill 274 the vacancy. The first choice for this replacement council 275 member shall be the candidate from that district who received 276 the second highest number of votes in the last election. If the 277 council fails to appoint a replacement council member within 45 278 days after the occurrence of the vacancy, the council shall call 279 for a special election to fill that vacancy, to be held no 280 sooner than 90 days and no later than 120 days following the 281 occurrence of the vacancy and as otherwise governed by law. 282 2. Any person appointed to fill a vacancy on the council 283 shall be required to meet the qualifications of the seat to 284 which he or she is appointed. 285 3. Notwithstanding any quorum requirements established in 286 this charter, if at any time the full membership of the council 287 is reduced to less than a quorum, the remaining members may, by 288 majority vote, appoint additional members to the extent 289 otherwise permitted or required under this subsection. 290 4. In the event that all the members of the council are 291 removed by death, disability, recall, forfeiture of office, or 292 resignation, or any combination thereof, the Governor shall 293 appoint interim council members who shall call a special 294 election within not less than 30 days or more than 60 days after 295 such appointment. Such election shall be held in the same manner 296 as the initial elections under this charter. However, if less 297 than 6 months remain in any unexpired term, the interim council 298 member appointed by the Governor shall serve out that unexpired 299 term. Appointees must meet all requirements for candidates as 300 provided in this charter. 301 (e) Compensation and expenses.— 302 1. Town council members shall be entitled to reimbursement 303 in accordance with general law for authorized travel and per 304 diem expenses incurred in the performance of their official 305 duties. 306 2. Town council members shall be compensated at the rate of 307 $8,000 per year, except that the council member elected by the 308 council to act as mayor shall be compensated at the rate of 309 $10,000 per year. The town council, by not fewer than four 310 affirmative votes, may elect to provide for any adjustment in 311 such compensation by ordinance. However, no such ordinance 312 increasing compensation shall take effect until the date of 313 commencement of the terms of council members elected at the next 314 regular election following the adoption of such ordinance. 315 Section 4. Administrative provisions.— 316 (1) DESIGNATION OF CHARTER OFFICERS.—The town manager and 317 the town attorney are designated as charter officers, except 318 that the office of town attorney may be contracted to an 319 attorney or law firm. 320 (2) APPOINTMENT; REMOVAL; COMPENSATION; FILLING OF 321 VACANCIES.— 322 (a) The charter officers shall be appointed by a majority 323 vote of the full council and shall serve at the pleasure of the 324 council. 325 (b) The charter officers shall be removed from office only 326 by a supermajority vote of the full council. Upon demand by a 327 charter officer, a public hearing shall be held prior to such 328 removal. 329 (c) The compensation of the charter officers shall be fixed 330 by the town council through the approval of an acceptable 331 employment contract. 332 (d) The town council shall begin the process to fill a 333 vacancy in a charter office within 90 days after the vacancy 334 occurs. An acting town manager or an acting town attorney may be 335 appointed by the council during a vacancy in such charter 336 office. 337 (e) A charter officer shall not be a member of the town 338 council or a candidate for town council while holding a charter 339 officer position. 340 (3) TOWN MANAGER.—The town manager shall be the chief 341 administrative officer of the town. 342 (a) The town council shall appoint a town manager who shall 343 be the administrative head of the municipal government under the 344 direction and supervision of the town council. The town manager 345 shall hold office at the pleasure of the town council. The town 346 manager shall be appointed by resolution approving an employment 347 contract between the town and the town manager. The town manager 348 shall receive such compensation as determined by the town 349 council through the adoption of an appropriate resolution. 350 (b) The town manager shall have the minimum qualifications 351 of a combination of a bachelor's degree in public 352 administration, business administration, or other related field 353 from an accredited college or university and 3 years' public 354 administration experience. 355 (c) It is preferred that the town manager be credentialed 356 by the International City/County Management Association or 357 obtain such credential within 2 years after being appointed. 358 (d) During the absence or disability of the town manager, 359 the town council may by resolution designate a properly 360 qualified person to temporarily execute the functions of the 361 town manager. The person thus designated shall have the same 362 powers and duties as the town manager and shall, while serving, 363 be known as acting town manager. The town manager or acting town 364 manager may be removed by the town council at any time. 365 (e) As the chief administrative officer, the town manager 366 shall: 367 1. Direct and supervise the administration of all 368 departments, offices, and agencies of the town, except the 369 office of town attorney and except as otherwise provided by this 370 charter or by general law. 371 2. Appoint, suspend, or remove any employee of the town or 372 appointive administrative officer provided for under this 373 charter, except the office of town attorney and except as may 374 otherwise be provided by law, this charter, or personnel rules 375 adopted pursuant to the charter. The town manager may authorize 376 any administrative officer who is subject to his or her 377 direction and supervision to exercise these powers with respect 378 to subordinates in that officer's department, office, or agency. 379 3. Ensure that all laws, provisions of the charter, and 380 acts of the council are faithfully executed. 381 4. Prepare and submit the annual budget and capital program 382 to the council in the form prescribed by ordinance. 383 5. Attend meetings of the town council. 384 6. Draw and sign vouchers upon depositories as provided by 385 ordinance and keep, or cause to be kept, a true and accurate 386 account of same. 387 7. Sign all licenses issued by the town, issue receipts for 388 all moneys paid to the town, and deposit such moneys in the 389 proper depositories on the first banking day after receipt. The 390 town manager may delegate the responsibilities of this 391 subparagraph to an appropriate town employee who shall be 392 bonded. 393 8. Provide administrative services in support of the 394 official duties of the mayor and the council. 395 9. Keep the council advised as to the financial condition 396 and future needs of the town and make recommendations to the 397 council concerning the affairs of the town. 398 10. Submit to the council, and make available to the 399 public, a complete report on finances and administrative 400 activities of the town at the end of each fiscal year. 401 11. Sign contracts on behalf of the town to the extent 402 authorized by ordinance. 403 12. Perform such other duties as are specified in this 404 charter or as may be required by the council. 405 (4) TOWN ATTORNEY.— 406 (a) The town attorney shall be employed under terms and 407 conditions deemed advisable by the town council, which may 408 include the appointment of a law firm. 409 (b) The town attorney shall be a member in good standing 410 with The Florida Bar, have been admitted to practice in the 411 state for at least 5 years, and have not less than 2 years' 412 experience in the practice of local government law. 413 (c) The town attorney has sole discretion to appoint, 414 promote, suspend, demote, remove, or terminate deputy and 415 assistant town attorneys, subject to the town's annual budget. 416 (d) The town attorney shall perform the following functions 417 in addition to other functions as designated by the town 418 council: 419 1. Serve as chief legal advisor to the town council, the 420 charter officers, and all town departments, offices, and 421 agencies. 422 2. Attend all regular and special town council meetings, 423 unless excused by the town council, and perform such 424 professional duties as may be required by law or by the council 425 in furtherance of the law. 426 3. Approve all contracts, bonds, and other instruments in 427 which the town is concerned and shall endorse on each his or her 428 approval of the form and correctness thereof. No contract with 429 the town shall take effect until his or her approval is so 430 endorsed thereon. 431 4. When requested to do so by the council, prosecute and 432 defend on behalf of the town all complaints, suits, and 433 controversies in which the town is a party. 434 5. Perform such other professional duties as required of 435 him or her by resolution of the council or as prescribed for 436 municipal attorneys in general law that are not inconsistent 437 with this charter. 438 6. Prepare an annual budget for the operation of the office 439 of the town attorney and submit this budget to the town manager 440 for inclusion in the annual town budget, in accordance with 441 uniform town procedures. 442 (5) TOWN CLERK.—The town manager shall appoint a town clerk 443 or a management firm to serve as town clerk (the “clerk”). The 444 clerk shall give notice of council meetings to council members 445 and the public, keep minutes of council proceedings, and perform 446 such other duties as the council or town manager may prescribe. 447 The clerk shall report to the town manager. 448 (6) EXPENDITURE OF TOWN FUNDS.—No funds of the town shall 449 be expended except pursuant to duly approved appropriations or 450 for the payment of bonds, notes, or other indebtedness duly 451 authorized by the council and only from such funds so 452 authorized. 453 (7) TOWN BOARDS AND AGENCIES.—Except as otherwise provided 454 by law, the council may establish or terminate such boards and 455 agencies as it may deem advisable from time to time. The boards 456 and agencies shall report to the council. Members of boards and 457 agencies shall be appointed by the council by resolution. 458 (8) CONTRACTING FOR TRADITIONAL MUNICIPAL SERVICES.—It is 459 the intent of the town to provide traditional municipal services 460 through public and private contract providers. Accordingly, 461 traditional municipal services shall be rendered through 462 contract providers, not town employees, unless approved by at 463 least a four-fifths vote of the town council. If the town 464 council determines that any traditional municipal service is to 465 be provided through town employees, the town manager shall be 466 responsible for the hiring, supervision, and removal of all such 467 employees. For purposes of this section, “traditional municipal 468 services“ means public safety, public works, administrative 469 services, community development, and community services. 470 Section 5. Legislative provisions.— 471 (1) REGULAR MEETINGS.—The council shall conduct regular 472 meetings at such times and places as the council shall prescribe 473 by resolution. Such meetings shall be public meetings within the 474 meaning of general law and shall be subject to notice and other 475 requirements of law applicable to public meetings. 476 (2) SPECIAL MEETINGS.—Special meetings may be held at the 477 call of the mayor or, in his or her absence, at the call of the 478 vice mayor. Special meetings may also be called upon the request 479 of a majority of the council members. Unless the meeting is of 480 an emergency nature, the person or persons calling such a 481 meeting shall provide not less than 72 hours' prior notice of 482 the meeting to the public. 483 (3) COMMENCEMENT.—All meetings shall be scheduled to 484 commence no earlier than 7 a.m. and no later than 10 p.m. 485 (4) RULES; ORDER OF BUSINESS.—The council shall determine 486 its own rules and order of business. 487 (5) QUORUM.—A majority of the full council shall constitute 488 a quorum. 489 (6) VALIDITY OF ACTION.—No action of the council shall be 490 valid unless adopted by an affirmative vote of the majority of 491 the full council, unless otherwise provided by law. 492 (7) LEGISLATIVE POWERS.—Except as otherwise prescribed 493 herein or as provided by law, the legislative powers of the town 494 shall be vested in the council. The council shall provide for 495 the exercise of its powers and for the performance of all duties 496 and obligations imposed on the town by law. 497 (8) DEPARTMENTS.—The council may establish such other 498 departments, offices, or agencies as it determines necessary for 499 the efficient administration and operation of the town. Such 500 departments, offices, or agencies shall be established by 501 ordinance. 502 (9) CODE.—The council may adopt any standard code of 503 technical regulations by reference thereto in an adopting 504 ordinance and may amend the code in the adopting ordinance or 505 later amendatory ordinance. The procedures and requirements 506 governing such an adopting ordinance shall be as prescribed for 507 ordinances generally, except that: 508 (a) Requirements regarding distribution and filing of 509 copies of the ordinance shall not be construed to require 510 distribution and filing of copies of the adopted code of 511 technical regulations. 512 (b) A copy of each adopted code of technical regulations, 513 as well as of the adopting ordinance, shall be authenticated and 514 recorded by the town clerk. 515 (10) EMERGENCY ORDINANCES.— 516 (a) To meet a public emergency affecting life, health, 517 property, or the public peace, the council may adopt, in the 518 manner provided by general law, one or more emergency 519 ordinances, but such ordinances may not enact or amend a land 520 use plan or rezone private property; levy taxes; grant, renew, 521 or extend any municipal franchise; set service or user charges 522 for any municipal services; or authorize the borrowing of money, 523 except as provided in subsection (11) for emergency 524 appropriations, if applicable. An emergency ordinance shall be 525 introduced in the form and manner prescribed for ordinances 526 generally, except that it shall be plainly designated in a 527 preamble as an emergency ordinance and shall contain, after the 528 enacting clause, a declaration stating that an emergency exists 529 and describing the emergency in clear and specific terms. 530 (b) Upon the affirmative vote of a majority of council 531 members, an emergency ordinance may be adopted with or without 532 amendment or rejected at the meeting at which it is introduced. 533 After its adoption, the ordinance shall be advertised and 534 printed as prescribed for other ordinances. 535 (c) An emergency ordinance shall become effective upon 536 adoption or at such other date as may be specified in the 537 ordinance. 538 (d) Every emergency ordinance, except an emergency 539 appropriation ordinance, shall automatically be repealed as of 540 the 61st day after its effective date, but this shall not 541 prevent reenactment of the ordinance under regular procedures 542 or, if the emergency still exists, in the manner specified in 543 this section. An emergency ordinance may also be repealed by 544 adoption of a repealing ordinance in the same manner specified 545 in this section for adoption of emergency ordinances. 546 (11) EMERGENCY APPROPRIATIONS.—To meet a public emergency 547 affecting life, health, property, or the public peace, the 548 council, by resolution, may make emergency appropriations. To 549 the extent that there are no unappropriated revenues to meet 550 such appropriation, the council may by such emergency resolution 551 authorize the issuance of emergency notes, which may be renewed 552 from time to time, but the emergency notes and renewals in any 553 fiscal year shall be paid not later than the last day of the 554 fiscal year succeeding that in which the emergency 555 appropriations were made. 556 (12) RECORDKEEPING.—The council shall, in a properly 557 indexed book kept for that purpose, provide for the 558 authentication and recording in full of all minutes of meetings 559 and all ordinances and resolutions adopted by the council, and 560 the same shall at all times be a public record. The council 561 shall further maintain a current codification of all ordinances. 562 Such codification shall be printed and shall be made available 563 for distribution to the public on a continuing basis. All 564 ordinances and resolutions of the council shall be signed by all 565 council members and attested to by the town clerk. 566 (13) DUAL OFFICEHOLDING.—No current elected town official 567 shall hold any compensated appointive office or employment of 568 the town while in office, nor shall any former council member be 569 employed by the town until after the expiration of 1 year after 570 leaving office. 571 (14) NONINTERFERENCE BY TOWN COUNCIL.—Except for the 572 purposes of inquiry and information, council members are 573 expressly prohibited from interfering with the performance of 574 the duties of any employee of the town government who is under 575 the direct or indirect supervision of the town manager or town 576 attorney. Such action shall be malfeasance within the meaning of 577 section 112.51, Florida Statutes. Recommendations for 578 improvements in the town government operations shall come 579 through the town manager, but each member of the council shall 580 be free to discuss with or recommend to the town manager 581 improvements in the town government operations, and the council 582 is free to direct the town manager to implement specific 583 recommendations for improvement in town government operations. 584 Section 6. Budget and appropriations.— 585 (1) FISCAL YEAR.—The town shall have a fiscal year that 586 shall begin on the first day of October and shall end on the 587 last day of September of the succeeding calendar year, unless 588 otherwise defined by general law. Such fiscal year shall also 589 constitute the annual budget and accounting year. 590 (2) BUDGET ADOPTION.—The council shall adopt a budget in 591 accordance with applicable general law after a minimum of two 592 public hearings on the proposed budget. A resolution adopting 593 the annual budget shall constitute appropriation of the amounts 594 specified therein as expenditures from funds indicated. 595 (3) EXPENDITURES.—The budget shall not provide for 596 expenditures in an amount greater than the revenues budgeted. 597 (4) APPROPRIATIONS.— 598 (a) If, during the fiscal year, revenues in excess of those 599 estimated in the budget are available for appropriation, the 600 council may by resolution make supplemental appropriations for 601 the year in an amount not to exceed such excess. 602 (b) If, at any time during the fiscal year, it appears 603 probable to the town manager that the revenues available will be 604 insufficient to meet the amount appropriated, the town manager 605 shall report to the council without delay indicating the 606 estimated amount of the deficit, any remedial action taken, and 607 recommendations as to any other steps that should be taken. The 608 council shall then take such further action as it deems 609 necessary to prevent or minimize any deficit and, for that 610 purpose, the council may by resolution reduce one or more 611 appropriations accordingly. 612 (c) No appropriation for debt service may be reduced or 613 transferred, and no appropriation may be reduced below any 614 amount required by law to be appropriated or by more than the 615 unencumbered balance thereof. Other provisions of law to the 616 contrary notwithstanding, the supplemental and emergency 617 appropriations and reduction or transfer of appropriations 618 authorized by this charter may be made effective immediately 619 upon adoption. 620 (d) The council shall maintain a reserve fund, provided for 621 as a line item within its budget, to be used only to provide for 622 the replacement or renewal of capital equipment and for 623 facilities repair or in cases of unforeseen damage to equipment 624 or facilities caused by an act of God and not covered by 625 insurance. This fund shall be annually funded at a minimum of 3 626 percent of the annual town tax revenues used to calculate the 627 year's budget and shall accrue to $10,000,000, at which time the 628 set-aside funds may be discontinued until the fund drops below 629 the $10,000,000 threshold. This provision may only be amended by 630 a majority vote of the town electors. 631 (5) BONDS; INDEBTEDNESS.— 632 (a) Subject to the referendum requirements of the State 633 Constitution, if applicable, the town may from time to time 634 borrow money and issue bonds or other obligations or evidence of 635 indebtedness (collectively, “bonds”) of any type or character 636 for any of the purposes for which the town is now or hereafter 637 authorized by law to borrow money, including to finance the cost 638 of any capital or other project and to refund any and all 639 previous issues of bonds at or prior to maturity. Such bonds may 640 be issued pursuant to one or more resolutions adopted by a 641 majority of the council. 642 (b) The town may assume all outstanding indebtedness 643 related to facilities it acquires from other units of local 644 government and shall be liable for payment thereon in accordance 645 with the terms of such indebtedness. 646 (6) REVENUE BONDS; LEASE-PURCHASE CONTRACTS.—Unless 647 authorized by the electors of the town at a duly held referendum 648 election, the council shall not authorize or allow to be 649 authorized the issuance of revenue bonds or enter into lease 650 purchase contracts or any other unfunded multiyear contracts for 651 the purchase of real property or the construction of any capital 652 improvement the repayment of which extends in excess of 36 653 months unless mandated by state or federal governing agencies. 654 (7) ANNUAL AUDIT.—The council shall provide for an 655 independent annual financial audit of all town accounts and may 656 provide for more frequent audits as it deems necessary. Such 657 audits shall be made by a certified public accountant or a firm 658 of such accountants who have no personal interest, direct or 659 indirect, in the fiscal affairs of the town government or in any 660 of its officers. Residency in the town shall not be construed as 661 a prohibited interest. 662 Section 7. Elections.— 663 (1) ELECTORS.—Any person who is a resident of the town, who 664 has qualified as an elector of this state, and who registers in 665 the manner prescribed by general law shall be an elector of the 666 town. 667 (2) NONPARTISAN ELECTIONS.—All elections for town council 668 members shall be conducted on a nonpartisan basis without any 669 designation of political party affiliation. 670 (3) ELECTION DATES.—All regularly scheduled elections shall 671 be held on the second Tuesday after the first Monday in March of 672 even-numbered years, as follows: 673 (a) For the three candidates for at-large council member 674 seats 1, 2, and 3 who receive the highest number of votes for 675 their respective seats in the March 2010 election, the next 676 election to fill these seats shall be held on the second Tuesday 677 after the first Monday in March 2014 and every 4 years 678 thereafter. 679 (b) For the two candidates for at-large council member 680 seats 4 and 5 who receive the highest number of votes for their 681 respective seats in the March 2010 election, the next election 682 to fill these seats shall be held on the second Tuesday after 683 the first Monday in March 2012 and every 4 years thereafter. 684 (4) RUNOFF ELECTIONS.—In the event no candidate for an 685 office receives a majority of the votes cast for such office, 686 the person receiving the largest number of votes cast will be 687 elected. In the event two candidates receive an equal number of 688 votes and the vote total exceeds all other candidates, a runoff 689 election for the two candidates with the largest vote total 690 shall be held on the fourth Tuesday in March. In the event that 691 the runoff election results in a tie, the outcome shall be 692 determined by lot. 693 (5) TOWN CANVASSING BOARD.—The Pinellas County canvassing 694 board shall serve as the Town of Palm Harbor's canvassing board 695 and shall canvass and certify all municipal elections and 696 referenda unless otherwise provided for by future ordinance. 697 (6) SPECIAL ELECTIONS.—Special municipal elections, when 698 required, shall be scheduled by the council at such times and in 699 such manner as shall be consistent with this charter and general 700 law. 701 (7) GENERAL ELECTION.— 702 (a) The ballot for the general election shall contain the 703 names of all qualified candidates and shall instruct electors to 704 cast one vote for each at-large council member seat. The 705 candidate for each council member seat receiving the most votes 706 shall be the duly elected council member for that designated 707 council member seat. 708 (b) No election for any council member seat shall be 709 required in any election if there is only one duly qualified 710 candidate for the council member seat. 711 (c) The term of office of any elected official shall 712 commence immediately after the election. 713 (d) All elected officers, before entering upon their 714 duties, shall take and subscribe to the following oath of 715 office: “I do solemnly swear (or affirm) that I will support, 716 protect, and defend the Constitution and Government of the 717 United States and of the state and the charter of the Town of 718 Palm Harbor; that I am duly qualified to hold office under the 719 Constitution of the State and the charter of the Town of Palm 720 Harbor; and that I will well and faithfully perform the duties 721 of council member upon which I am now about to enter.” 722 (e) The election laws of the state shall apply to all 723 elections. 724 (f) Any member of the town council may be removed from 725 office by the electors of the town following the procedures for 726 recall established by general law. 727 Section 8. General provisions.— 728 (1) SEVERABILITY.—If any section or part of any section of 729 this charter is held invalid by a court of competent 730 jurisdiction, such holding shall not affect the remainder of 731 this charter or the context in which such section or part of a 732 section so held invalid may appear, except to the extent that an 733 entire section or part of a section may be inseparably connected 734 in meaning and effect with the section or part of a section to 735 which such holding directly applies. 736 (2) TOWN PERSONNEL SYSTEM.—All new employments, 737 appointments, and promotions of town officers and employees 738 shall be made pursuant to personnel procedures to be established 739 by the town manager from time to time. 740 (3) CHARITABLE CONTRIBUTIONS.—The town shall not make any 741 charitable contribution to any person or entity unless 742 authorized by the council. 743 (4) VARIATION OF PRONOUNS.—All pronouns and any variations 744 thereof used in this charter shall be deemed to refer to 745 masculine, feminine, neutral, singular, or plural as the 746 identity of the person or persons require and are not intended 747 to describe, interpret, define, or limit the scope, extent, or 748 intent of this charter. 749 (5) CALENDAR DAY.—For the purpose of this charter, a “day” 750 means a calendar day. 751 (6) CHARTER REVIEW COMMITTEE.— 752 (a) At its first regular meeting in April 2014 and every 753 10th year thereafter, the town council shall appoint a charter 754 review committee consisting of 15 individuals who are not 755 members of the town council to serve in an advisory capacity to 756 the town council. 757 (b) Each council member shall recommend and nominate three 758 individuals to serve on the committee as regular members, which 759 appointments shall be approved by a majority vote of the town 760 council. Individuals appointed to the charter review committee 761 shall be citizens of the town. 762 (c) The charter review committee shall appoint its own 763 chair and vice chair and adopt its own rules and procedures. 764 (d) The town clerk and the town attorney shall advise the 765 town council in advance of the date when such appointments may 766 be made. 767 (e) If appointed, the charter review committee shall 768 commence its proceedings within 30 days after the committee is 769 appointed by the town council. The committee shall review the 770 charter and provide input to the town council to modernize and 771 improve the charter. The public shall be given an opportunity to 772 speak and participate at charter review committee meetings in 773 accordance with the rules of the charter review committee. 774 (f) All recommendations by the charter review committee 775 shall be forwarded to the town council in ordinance form for 776 consideration no later than the 1st day of March of the year 777 after the appointment of the charter review committee and in 778 sufficient time for any recommendations to be considered by the 779 town council as provided in this subsection. 780 (g) The town council shall consider the recommendations of 781 the charter review committee at the regular meeting in November 782 and the regular meeting in December of the year after 783 appointment of the charter review committee. 784 (7) CHARTER AMENDMENTS.—This charter may be amended in 785 accordance with the provisions for charter amendments as 786 specified in general law or as may otherwise be provided by 787 general law. The form, content, and certification of any 788 petition to amend shall be established by ordinance. 789 (8) INITIATION BY PETITION.—The electors of the town may 790 propose amendments to this charter by petition submitted to the 791 council to be placed before the electors, as provided by general 792 law. 793 (9) STANDARDS OF CONDUCT.—All elected officials and 794 employees of the town shall be subject to the standards of 795 conduct for public officers and employees set by general law. In 796 addition, the town council shall, no later than 6 months after 797 the effective date of incorporation, establish by ordinance a 798 code of ethics for officials and employees of the town which may 799 be supplemental to general law, but in no case may such an 800 ordinance diminish the provisions of general law. The intent of 801 this subsection is to require more stringent standards than 802 those provided under general law. 803 (10) LAND USE; REZONING.—Any change to the town's future 804 land use map or any change to the zoning designation for any 805 parcel within the town shall require the affirmative vote of no 806 fewer than four members of the town council. 807 Section 9. Transition schedule.— 808 (1) REFERENDUM.—The Pinellas County Commission shall hold 809 the referendum election called for by this act on November 3, 810 2009, at which time the following question shall be placed upon 811 the ballot: 812 “Shall the creation of the Town of Palm Harbor and its 813 charter be approved?” Yes No 814 815 In the event this question is answered affirmatively by a 816 majority of electors voting in the referendum, the provisions of 817 the charter shall take effect as provided for in this charter. 818 The referendum election shall be conducted by the Supervisor of 819 Elections of Pinellas County in accordance with the Florida 820 Election Code, and the cost of such election shall be funded by 821 Pinellas County. 822 (2) INITIAL ELECTION OF COUNCIL MEMBERS; DATES.— 823 (a) Following the adoption of this charter, the Pinellas 824 County Commission shall call a special election for the election 825 of the five town council members to be held on March 9, 2010. 826 Candidates for the election shall qualify for seat 1, seat 2, 827 seat 3, seat 4, and seat 5. The candidate receiving the highest 828 number of votes for that seat shall be elected. If two or more 829 candidates for a designated council member seat receive an equal 830 and the highest number of votes, those candidates shall run 831 again in the runoff election to be held on March 23, 2010. 832 (b) Any individual who wishes to run for one of the five 833 initial seats on the council shall qualify as a candidate with 834 the Pinellas County Supervisor of Elections in accordance with 835 the provisions of this charter and general law. 836 (c) The Pinellas County canvassing board shall canvass and 837 certify the results of the election. 838 (d) Those candidates who are elected on March 9, 2010, and 839 March 23, 2010, shall take office at the initial town council 840 meeting, which shall be held at 7 p.m. on March 25, 2010. 841 (3) CREATION AND ESTABLISHMENT OF THE TOWN.—For the purpose 842 of compliance with section 200.066, Florida Statutes, relating 843 to assessment and collection of ad valorem taxes, the town is 844 hereby created and established effective December 1, 2009; 845 notwithstanding anything to the contrary contained in this 846 charter, the town, although created and established as of 847 December 1, 2009, shall not be operational until March 25, 2010. 848 (4) FIRST-YEAR EXPENSES.—The town council, in order to 849 provide moneys for the expenses and support of the town, shall 850 have the power to borrow money necessary for the operation of 851 town government until such time as a budget is adopted and 852 revenues are raised in accordance with the provisions of this 853 charter. 854 (5) TRANSITIONAL ORDINANCES AND RESOLUTIONS.—All applicable 855 county ordinances currently in place at the time of passage of 856 the referendum, unless specifically referenced in this charter, 857 shall remain in place until and unless rescinded by action of 858 the town council. 859 (6) TEMPORARY EMERGENCY ORDINANCES.—The town council shall 860 adopt ordinances and resolutions required to effect the 861 transition. Ordinances adopted within 90 days after the first 862 council meeting may be passed as emergency ordinances. These 863 emergency ordinances shall be effective for no longer than 90 864 days after adoption and thereafter may be readopted, renewed, or 865 otherwise continued only in the manner normally prescribed for 866 ordinances. 867 (7) TRANSITIONAL COMPREHENSIVE PLAN AND LAND DEVELOPMENT 868 REGULATIONS.— 869 (a) Until such time as the town adopts a comprehensive 870 plan, the Pinellas County Future Land Use Map, the Pinellas 871 County Zoning Map, and all other provisions of the Comprehensive 872 Plan and Land Development Regulations of Pinellas County that 873 are applicable to the town, as the same exist on the day the 874 town commences corporate existence, shall remain in effect as 875 the town's transitional comprehensive plan and land development 876 regulations. However, all planning functions, duties, and 877 authority shall thereafter be vested in the Town Council of Palm 878 Harbor, which shall also be deemed the local planning agency 879 until the council establishes a separate local planning agency. 880 (b) All powers and duties of the planning commission, 881 zoning authority, any boards of adjustment, and the County 882 Commission of Pinellas County, as set forth in these 883 transitional zoning and land use regulations, shall be vested in 884 the Town Council of Palm Harbor until such time as the town 885 council delegates all or a portion thereof to another entity. 886 (8) COMMUNICATIONS SERVICES TAX.—The communications 887 services tax imposed pursuant to section 202.19, Florida 888 Statutes, by Pinellas County will continue within the town 889 boundaries during the period commencing with the date of 890 incorporation through December 31, 2010. Revenues from the tax 891 shall be shared by Pinellas County with the town in proportion 892 to the projected town population estimate of the Pinellas County 893 Planning Division compared with the unincorporated population of 894 Pinellas County before the incorporation of the Town of Palm 895 Harbor. 896 (9) STATE-SHARED REVENUES.—The Town of Palm Harbor shall be 897 entitled to participate in all shared revenue programs of the 898 state available to municipalities effective April 1, 2010. The 899 provisions of section 218.23(1), Florida Statutes, shall be 900 waived for the purpose of eligibility to receive revenue sharing 901 funds from the date of incorporation through the state fiscal 902 year 2011-2012. Initial population estimates for calculating 903 eligibility for shared revenues shall be determined by the 904 University of Florida Bureau of Economic and Business Research. 905 Should the bureau be unable to provide an appropriate population 906 estimate, the Pinellas County Planning Division estimate shall 907 be used. For the purposes of qualifying for revenue sharing, the 908 following revenue sources shall be considered: municipal service 909 taxing units, fire municipal service taxing units, ad valorem 910 taxes, communications services tax, and franchise fees. 911 (10) MOTOR FUEL TAX REVENUES.—Notwithstanding the 912 requirements of section 336.025, Florida Statutes, to the 913 contrary, the town shall be entitled to receive local option 914 motor fuel tax revenues beginning October 1, 2010. These 915 revenues shall be distributed in accordance with the interlocal 916 agreements with Pinellas County. 917 (11) DEPARTMENTS, OFFICES, AND AGENCIES.— 918 (a) From and after the effective date of incorporation of 919 the Town of Palm Harbor, and during the transition period and 920 until such time as the town council becomes operative, Pinellas 921 County shall continue to provide the town residents with all of 922 the same services it provided just prior to the approval of the 923 referendum and adoption of the charter. 924 (b) The property, records, and equipment of any department, 925 office, or agency of Pinellas County existing when this charter 926 is adopted may, at the discretion of the Pinellas County 927 Commission, be transferred to the department, office, or agency 928 of the town assuming its powers and duties. 929 (12) PENDING MATTERS.—All rights, claims, actions, orders, 930 contracts, and administrative proceedings affecting the area 931 incorporated into the Town of Palm Harbor shall continue with 932 the county or state agency having jurisdiction over such 933 matters, except as modified, pursuant to the provisions of this 934 charter. 935 (13) TRANSITIONAL ORDINANCES AND RESOLUTIONS.— 936 (a) The initial town council shall have the authority and 937 power to enter into contracts, arrange for the hiring of interim 938 legal counsel, begin recruiting applicants for the position of 939 town manager, provide for necessary town offices and facilities, 940 and do such other tasks as deemed necessary and appropriate for 941 the town to become operational on March 25, 2010. 942 (b) The initial council shall adopt ordinances and 943 resolutions required to effect the transition. Ordinances 944 adopted within 90 days after the first council meeting may be 945 passed as emergency ordinances as provided in this charter, 946 except that the transitional ordinances shall be effective for 947 no longer than 90 days after adoption and, thereafter, may be 948 readopted, renewed, or otherwise continued only in the manner 949 normally prescribed for ordinances. 950 (14) CONTRACTUAL SERVICES AND FACILITIES.—Services deemed 951 necessary for the operation of the Town of Palm Harbor, 952 including, but not limited to, services for fire protection, 953 police, emergency management, public works, parks and 954 recreation, planning and zoning, building inspection, 955 development review, animal control, and solid waste collection, 956 may be supplied through a contractual agreement between the Town 957 of Palm Harbor and Pinellas County, special districts, 958 municipalities, or private or public enterprises until such time 959 as the town council establishes such independent services. 960 Facilities for housing the newly formed municipal operations may 961 be rented or leased until the Town of Palm Harbor is in the 962 financial position to obtain its own facilities. 963 (15) INDEPENDENT SPECIAL DISTRICTS.—It is recognized that 964 certain services within the municipal boundaries are provided by 965 independent special districts created by special acts of the 966 Legislature. The town is empowered to merge the functions of 967 said districts with those of the town only upon majority vote of 968 the town council and an affirmative vote of the majority of the 969 council or board governing the district after meeting all 970 requirements for merger or dissolution in the district's 971 enabling legislation and chapter 189, Florida Statutes. It is 972 recognized that certain planning and interlocal agreements may 973 be necessary between the Town of Palm Harbor and such districts, 974 and the town council shall endeavor to maximize the benefits of 975 the districts to the fullest extent possible. In the event the 976 town council desires to supplement or duplicate services 977 determined to be inadequate, the council is fully empowered to 978 do so. 979 (16) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.—The Town of 980 Palm Harbor shall be entitled effective April 1, 2010, to 981 participate in the local government infrastructure surtax, a 982 local discretionary sales surtax levied pursuant to section 983 212.055(2), Florida Statutes. If the Town of Palm Harbor is 984 unable to participate in the interlocal agreement between the 985 county's governing body and the governing bodies of the 986 municipalities representing a majority of the county's municipal 987 population, the default distribution method, which is to be 988 based on the local government half-cent sales tax formulas 989 provided in section 218.62, Florida Statutes, shall apply. 990 (17) WAIVER.—The provisions of section 218.23(1), Florida 991 Statutes, shall be waived for the purpose of conducting audits 992 and financial reporting through fiscal year 2009-2010. 993 Section 10. Continuation, merger, and dissolution of 994 existing districts and service providers.— 995 (1) PALM HARBOR SPECIAL FIRE CONTROL DISTRICT; 996 CONTINUATION.—Notwithstanding the incorporation of the Town of 997 Palm Harbor, that portion of the Palm Harbor Special Fire 998 Control District, a special taxing district created by chapter 999 61-2661, Laws of Florida, that lies within the boundaries of the 1000 Town of Palm Harbor is authorized to continue in existence until 1001 the town adopts an ordinance to the contrary. However, the town 1002 shall not establish a town fire department without a referendum. 1003 (2) PALM HARBOR COMMUNITY SERVICES DISTRICT; CONTINUATION. 1004 Notwithstanding the incorporation of the Town of Palm Harbor, 1005 that portion of the Palm Harbor Community Services District, a 1006 municipal services taxing unit created in 1985 pursuant to 1007 Pinellas County Ordinance 85-28 to provide library and 1008 recreation services to the residents within the boundaries of 1009 the Town of Palm Harbor is authorized to continue in existence 1010 until the town adopts an ordinance to the contrary. However, the 1011 Palm Harbor Community Services Agency shall not be abolished 1012 without a referendum. 1013 (3) LAW ENFORCEMENT.—Law enforcement services shall be 1014 provided by contract with the Pinellas County Sheriff's Office 1015 or by contract with other law enforcement agencies until the 1016 town adopts an ordinance to the contrary. 1017 Section 11. This act shall take effect only upon approval 1018 by a majority of those qualified electors residing within the 1019 proposed corporate limits of the proposed Town of Palm Harbor as 1020 described in section 1 voting in a referendum election to be 1021 called by the Board of County Commissioners of Pinellas County 1022 and to be held on November 3, 2009, in accordance with the 1023 provisions relating to elections currently in force, except that 1024 subsection (1) of section 9 and this section shall take effect 1025 upon becoming a law.