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.