HB 0423 2003
1	A bill to be entitled
2	An act relating to the City of Pensacola; amending ch. 72-
3	655, Laws of Florida; revising provisions relating to
4	referendum elections for levy of ad valorem property tax
5	for the Pensacola downtown area, change of downtown area
6	boundaries, and repeal of the act; providing for
7	eligibility of electors; deleting provisions relating to
8	registration of electors; providing for election
9	procedures and results; removing provisions relating to
10	notification, additional registration, voting, and passage
11	of and failure to approve the act; providing an effective
12	date.
13
14	Be It Enacted by the Legislature of the State of Florida:
15
16	Section 1. Section 13 of chapter 72-655, Laws of Florida,
17	is amended to read:
18	Section 13. Referendum.--The power of the board to call
19	for a referendum election for the levy of an ad valorem tax in
20	addition to the one (1) mill tax previously authorized pursuant
21	to section 9 of this act, any changes of boundaries of the
22	downtown area, and any repeal of this act shall be determined by
23	referendum elections in accordance with the provisions of this
24	section as follows:No powers shall be exercised by the board,
25	nor shall any special taxing district be established, until such
26	time as the qualified electors in the downtown area approve of
27	this act in accordance with the referendum provisions provided
28	as follows:
29	(1) ELECTION SUPERVISOR.-- For the purposes of this
30	section,referendumthe city clerk shall act as election
31	supervisor and do all things necessary to carry out the
32	provisions of this section.
33	(2)ELECTORS.--Any elector who is the owner of a freehold
34	not wholly exempt from taxation within the downtown area
35	established pursuant to section 4 of this act shall be eligible
36	to vote in any referendum election provided for in this act.
37	The owner of such freeholds shall be determined by the city
38	clerk from the most recent real property assessment roll
39	prepared by the property appraiser pursuant to general law prior
40	to the scheduled referendum election. However, the grantee by
41	conveyance of a freehold in the downtown area subsequent to the
42	most recent real property assessment roll may present evidence
43	of such conveyance to the city clerk not later than 60 days
44	prior to the date of a referendum election, whereupon the clerk,
45	after verifying such conveyance, shall substitute the name of
46	the grantee as an elector in place of the owner appearing on the
47	real property assessment roll. No more than one (1) ballot per
48	freehold shall be cast in any referendum election.
49	REGISTRATION.--Within forty-five (45) days from the date the
50	city adopts the ordinance defining the downtown area, the clerk
51	shall compile a list of the names and last known addresses of
52	the qualified electors in the downtown area from the tax
53	assessment roll of the City of Pensacola applicable as of
54	December 31 in the year immediately preceding the year in which
55	the aforesaid ordinance was adopted and the same shall
56	constitute the registration list for the purposes of the
57	electors' referendum hereinunder except as hereinafter provided.
58	(3)ELECTION PROCEDURES AND RESULTS.--The board shall
59	determine by rule procedures for notice of referendum elections,
60	the time and duration of the referendum and balloting periods,
61	and the form of the ballots. The outcome of any referendum
62	shall be determined by the majority of votes cast by eligible
63	electors casting mail ballots delivered by the board to
64	electors. The city clerk shall determine and certify the
65	results of the referendum to the city council.
66	NOTIFICATION.--Within the time period specified in subsection
67	(2), the clerk shall notify each qualified elector of the
68	general provisions of this act, including the taxing authority
69	and powers of eminent domain, the dates of the upcoming
70	referendum.
71	Notification hereinunder shall be by certified United States
72	mail and in addition thereto by publication one (1) time in a
73	newspaper of general circulation in Escambia County within the
74	time period provided in subsection (2).
75	(4) ADDITIONAL REGISTRATION.-- Any qualified elector whose
76	name does not appear on the tax rolls may register with the city
77	clerk at the city hall, Pensacola, or by mail in accordance with
78	regulations promulgated by the clerk. The registration books
79	shall remain open until seventy-five (75) days after the passage
80	of the ordinance defining the downtown area by the city council.
81	(5) VOTING.--
82	(a) Within fifteen (15) days after the closing of the
83	registration list, the clerk shall send a ballot to each
84	qualified elector at his last known mailing address by certified
85	United States mail. The ballot shall include a description of
86	the general provisions of this act. Ballots shall be returned to
87	the city clerk by United States mail or personal delivery at
88	city hall.
89	(b) All ballots received by the clerk within one hundred
90	twenty (120) days after the passage of the ordinance defining
91	the downtown area shall be tabulated by the clerk who shall
92	certify the results thereof to the city council no later than
93	five (5) days after the one hundred twenty (120) day period.
94	(c) Any person voting on behalf of himself or any
95	corporation, trust, partnership, or estate, who has knowledge
96	that he is not a qualified elector as defined by this act, is
97	guilty of perjury and shall be prosecuted and, upon conviction,
98	punished in accordance with the provisions of the laws of this
99	state.
100	(6) PASSAGE OF THE ACT.--The qualified electors shall be
101	deemed to have approved of the provisions of this act at such
102	time as the clerk certifies to the city council that approval
103	has been given by the qualified electors representing in excess
104	of fifty percent (50%) of the assessed value of the property
105	within the downtown area.
106	(7) FAILURE TO APPROVE ACT.--Should the electors fail to
107	approve of the provisions of this act as provided herein, the
108	city may call one (1) additional referendum by resolution to the
109	city council at any time after one (1) year from the
110	certification of the results of the previous referendum by the
111	clerk. The additional referendum shall be held in accordance
112	with the provisions of this section, except that all time
113	periods will be computed from the date of the resolution calling
114	for the referendum and not from the passage of the ordinance
115	defining the downtown area. Should the electors fail to
116	initially approve this act as provided herein after two (2) such
117	referenda, all provisions of this act shall be null and void,
118	and this act shall be repealed.
119	(4)(8)ADDITIONAL ELECTIONS FOR BOUNDARY
120	CHANGES.--Additional elections called after increasing or
121	decreasing the boundaries of the downtown area in accordance
122	with section 4 of this act shall be held in accordance with the
123	referendum provisions for initial approval of this act; provided
124	however, that no provision of this act shall require the
125	approval of electors in an area which has previously approved of
126	the provisions of this act by any referendum held hereinunder.
127	(5)(9)REPEAL REFERENDUM.--This act may be repealed bya
128	repealreferendumelection whichmay be called by petition of
129	twenty percent (20%) of theelectorsrepresenting at least
130	twenty percent (20%) of the assessed value of the propertyin
131	the downtown area, for the purpose of abolishing the board and
132	repealing this act. Upon receipt of such a petition for a repeal
133	referendum by the city clerk, a referendum election shall be
134	called by the city. The procedure shall be the same as provided
135	forother referendum elections provided for inthe initial
136	approval ofthis act, except that additional repeal referenda
137	may be petitioned at any time after one (1) year from the
138	certification of the results of a previous repeal referendum by
139	the clerk. The proposition shall be put on a ballot permitting
140	a vote for repeal of the Pensacola downtown improvement board or
141	against repeal.A vote for repeal of the board by the electors
142	representing more than fifty percent (50%) of the total
143	qualified electors voting in the repeal referendum shall cause
144	immediate cessation of the Pensacola downtown improvement board
145	and shall constitute repeal of this act.
146	Section 2. This act shall take effect upon becoming a law.
147