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