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