HB 0981 2003
1	A bill to be entitled
2	An act relating to the Tallahassee downtown improvement
3	authority as a body corporate; codifying, reenacting,
4	amending, and repealing chapters 71-935 and 91-394, Laws
5	of Florida; providing a popular name; providing
6	definitions; providing a statement of policy and
7	legislative findings; prescribing the boundaries of the
8	downtown area; prescribing the number, qualifications,
9	term, and methods of appointment and removal of members;
10	providing for filling vacancies in office, for service
11	without compensation, for reimbursement of expenses, for
12	bonding, and for personal liability in certain instances;
13	providing for bylaws and internal governance of the board,
14	prescribing its functions and powers, including powers to
15	acquire, own, lease, and dispose of property, to request
16	the City of Tallahassee to exercise its eminent domain
17	power for public purposes, to issue, sell, and provide
18	security for revenue certificates, to borrow on short
19	term, to fix, regulate, and collect rates and charges, to
20	maintain offices, to employ and prescribe the duties,
21	authority, tenure, compensation, and expense reimbursement
22	of a director and other staff, and to exercise all
23	necessary incidental powers; prescribing for the city to
24	levy in each fiscal year an ad valorem property tax of not
25	more than 1 mill to finance board operations; providing
26	for assessment and collection thereof by the city;
27	requiring maintenance of records, budget, and fiscal
28	control; forbidding participation on behalf of the board
29	by personnel financially interested in the matter
30	involved; providing for succession by the city to the
31	property and certain functions of the board if it ceases
32	to exist or operate; regulating issuance of board revenue
33	certificates; prescribing scope of this act; providing for
34	a freeholders’ election, and providing for its liberal
35	construction and severability; providing an effective
36	date.
37
38	Be It Enacted by the Legislature of the State of Florida:
39
40	Section 1. Pursuant to section 189.429, Florida Statutes,
41	this act constitutes the codification of all special acts
42	relating to the Tallahassee downtown improvement authority act.
43	It is the intent of the Legislature in enacting this law to
44	provide a single, comprehensive special act charter for the
45	district, including all current legislative authority granted to
46	the district by its legislative enactments and any additional
47	authority granted by this act.
48	Section 2. Chapters 71-935 and 91-394, Laws of Florida,
49	relating to the Tallahassee downtown improvement authority are
50	codified, reenacted, amended, and repealed as provided herein.
51	Section 3. The charter for the Tallahassee downtown
52	improvement district is re-created and reenacted to read:
53	Section 1. Popular name.--This act shall be known by the
54	popular name the “Tallahassee downtown improvement authority
55	act.”
56	Section 2. Definitions and rules of construction.--Unless
57	qualified in the text, the following definitions and rules of
58	construction shall apply hereto:
59	(1) “Board” means the Tallahassee downtown improvement
60	authority hereby created, and any successor to its functions,
61	authority, rights, and obligations.
62	(2) “City” and “Tallahassee” mean the City of Tallahassee,
63	Florida.
64	(3) “City commission” means the Tallahassee city
65	commission and any succeeding governing body of the city.
66	(4) “Downtown” and “downtown area” mean the area
67	established by the city commission as set forth herein and to
68	which this act primarily relates, including the central business
69	district and its environs.
70	(5) “Herein,” “hereby,” “hereof,” and similar compounds
71	refer to the entire act.
72	(6) “Including” shall be constructed as merely introducing
73	illustrative examples and not as limiting in any way the
74	generality of the inclusive term.
75	(7) “Majority” without qualification means a majority of a
76	quorum.
77	(8) “Mayor” means the Mayor of the City of Tallahassee.
78	(9) “State” means the State of Florida.
79	(10) “Freeholder” for the purposes of this act means any
80	owner of real property in the downtown area not wholly exempt
81	from ad valorem taxation, whether individual, corporation,
82	trust, estate, or partnership residing or with its principal
83	place of business located in the United States of America.
84	Section 3. Statement of policy and legislative findings.--
85	(1) It is the policy of the state to make it possible for
86	the city to revitalize and preserve property values and prevent
87	deterioration in the downtown area by a system of self-help to
88	correct the commercial blight of such deterioration as has
89	developed there. The board hereby created is intended to provide
90	a vehicle whereby property owners who will benefit directly from
91	the results of such a program will bear the substantial cost
92	thereof and thereby local problems may be solved on the local
93	level through the use of machinery provided by local government.
94	(2) The Legislature hereby finds and declares that among
95	the many causes of such commercial blight in the downtown area
96	are the following: automobile traffic flow is strangled by
97	outmoded street patterns, proliferation of uncoordinated uses
98	and parking areas, unsuitable topography, faulty lot layouts,
99	fragmentation of land uses and parking areas necessitating
100	frequent automobile movement, lack of separation of pedestrian
101	areas from auto traffic, lack of separation of vehicle traffic
102	lanes and railroad traffic, air pollution, and excessive noise
103	levels from strangled auto traffic. Voluntary cooperation for
104	coordinated development has limitations because of fragmentary
105	ownership, distant absentee ownership and unusual conditions of
106	title, and other conditions.
107	(3) The downtown area is plagued with vacant and
108	deteriorating buildings which are neglected and produce a
109	depressing atmosphere. Many businesses of all types have left
110	the area for new locations in suburban shopping centers and few
111	businesses have entered to take their places. The oldest
112	commercial structures in the city are in this area and some are
113	obsolete, of inferior construction, and incompatible with modern
114	functional design as is featured in competitive shopping
115	centers.
116	(4) The area now has few residences and many of the
117	residences which do exist are undersized and of inferior
118	construction which would not be permitted for new construction
119	under the city’s building code. It is in some instances a proper
120	function of government to remove blight and blighting influences
121	from commercial areas. The police power may be inadequate to
122	accomplish this purpose. One effective device for removal of the
123	blight of the downtown area is the planning and implementation
124	of planning for appropriate land use, beautification, continuity
125	of planning and aesthetic and technical design concepts, and
126	removal of deteriorated and obsolescent structures.
127	(5) The Legislature further finds and declares that the
128	provisions of this act and the powers afforded to the board are
129	desirable to guide and accomplish the coordinated, balanced, and
130	harmonious development of the downtown area in accordance with
131	existing and future needs; to promote the health, safety, and
132	general welfare of the area and its inhabitants, visitors,
133	property owners, and workers; to establish, maintain, and
134	preserve aesthetic values and preserve and foster the
135	development and display of attractiveness; to prevent
136	overcrowding and congestion; to improve auto traffic and provide
137	pedestrian safety; and to provide a way of life which combines
138	the conveniences and amenities of modern living with the
139	traditions and pleasures of the past.
140	Section 4. Downtown area description.--The downtown area
141	includes the central business district and its environs, being
142	all lands lying within boundaries described by the city
143	commission as follows:
144	Commence at the centerline of the intersection of
145	Pensacola and Bronough Streets; thence continue
146	North along the center line of Bronough Street to
147	the centerline of Call Street; thence East along
148	the centerline of Call Street to the centerline of
149	Duval Street; thence North along the centerline of
150	Duval Street to the centerline of Tennessee
151	Street; thence East along the centerline of
152	Tennessee Street to the centerline of Gadsden
153	Street; thence South along the centerline of
154	Gadsden Street to the centerline of Pensacola
155	Street; thence West along the centerline of
156	Pensacola Street to the centerline of Monroe
157	Street; thence North along the centerline of
158	Monroe Street to the intersection of an extension
159	of the centerline of Jefferson Street; thence West
160	along the centerline of Jefferson Street to the
161	centerline of Adams Street; thence South along the
162	centerline of Adams Street to the intersection of
163	an extension of the centerline of Pensacola
164	Street; thence West along the centerline of
165	Pensacola Street to the point of beginning.
166	The city commission may, from time to time, by the procedure
167	herein provided, alter or amend the boundaries of the downtown
168	area by the inclusion of additional territory or the exclusion
169	of lands from the limits of the district; provided, however,
170	that no real property included within the boundaries of the
171	downtown area as established herein shall be removed from said
172	area without the consent of the freeholders as provided in
173	section 13 hereinafter.
174	Section 5. Creation of the board, composition, and
175	provisions relating to members.--There is hereby created a board
176	composed of eight (8) members to be known officially as the
177	“Tallahassee downtown improvement authority.” It is hereby
178	constituted a body corporate and an agency of the city, and
179	performance by the board of its duties and exercise of its
180	powers are hereby designated municipal functions and shall be so
181	construed.
182	(1) The mayor shall appoint the members of the board, with
183	the concurrence of the city commission, and by majority vote of
184	its entire membership the city commission may remove a member of
185	the board for cause. A member of both the city and county
186	commissions, appointed by the mayor and chair respectively,
187	shall serve as ex officio members of the board. A representative
188	of the city-county planning department, designated by the
189	executive head of the planning department, shall also serve as
190	an ex officio member of the board.
191	(2) Of the initial members, one (1) shall be appointed for
192	a term expiring July 1, 1972, two (2) for terms expiring July 1,
193	1973, and two (2) for terms expiring July 1, 1974; and
194	thereafter each succeeding member shall be appointed by the
195	mayor, with the concurrence of the city commission, for a term
196	of three (3) years. Of the additional members, one (1) shall be
197	appointed for a term expiring July 1, 1992; one (1) shall be
198	appointed for a term expiring July 1, 1993; and one (1) shall be
199	appointed for a term expiring July 1, 1994; and thereafter each
200	succeeding member shall be appointed by the mayor, with the
201	concurrence of the city commission, for a term of three (3)
202	years.
203	(3) To qualify for appointment to the board and to remain
204	qualified for service on it, a prospective member or a member
205	already appointed shall be an owner of realty within the
206	downtown area, subject to ad valorem taxation, a lessee thereof
207	required by lease to pay taxes thereon, or a director, officer,
208	or managing agent of an owner or of a lessee thereof so required
209	to pay taxes thereon, but no two (2) shall be affiliates of the
210	same corporation, partnership, or other business entity, nor
211	shall any member be serving as a city officer or employee.
212	(4) Vacancy in office, which shall be filled in the manner
213	hereinabove provided within thirty (30) days of its occurrence
214	for the remainder of the unexpired term, shall occur whenever a
215	member is removed from office, becomes disqualified, or is
216	otherwise unable to serve or resigns.
217	(5) Each member of the board shall serve without
218	compensation for services rendered as a member, but may be
219	reimbursed by the board for necessary and reasonable expenses
220	actually incurred in the performance of duty. The board may
221	require that all its members or any or all its officers or
222	employees be required to post bond for faithful performances of
223	duty; the board shall require such bond of all persons
224	authorized to sign on accounts of the board; and the board shall
225	pay bonding costs. No member of the board shall be personally
226	liable for any action taken in attempting in good faith to
227	perform his or her duty, or for a decision not to act, except in
228	instances of fraud or willful neglect of duty.
229	Section 6. Board bylaws and internal governance.--The
230	board shall formulate and may amend its own rules of procedure
231	and written bylaws not inconsistent herewith, and such rules of
232	procedure and written bylaws, and amendments thereto, shall not
233	become effective until approved by the city commission. A
234	majority of its entire membership shall constitute a quorum for
235	the transaction of business, but fewer than a quorum may adjourn
236	from time to time and may compel the attendance of absent
237	members. All action shall be taken by vote of at least a
238	majority present and voting. The board shall select one (1) of
239	its members as chair and another as vice chair and shall
240	prescribe their duties, powers, and terms of serving. It shall
241	hold regular meetings at least once a month and shall provide in
242	its bylaws for holding special meetings. All meetings shall be
243	given public notice and shall be open to the public. In time for
244	submission to the governing body as required of all departments
245	of the city, the board shall prepare and submit for the approval
246	of the board a budget for the operation of the board for the
247	ensuing fiscal year, the same to conform to the fiscal year of
248	the city. The budget shall be prepared in the manner and contain
249	the information required of all departments. However, when
250	approved by the city commission, it shall not require approval
251	of any officer or body of the city other than the governing
252	body. No funds of the city may be included in the budget of the
253	board except those funds herein authorized and the board shall
254	not expend any funds other than those authorized by the approved
255	budget.
256	Section 7. Functions of the board.--The board shall
257	perform the following functions:
258	(1) Prepare and maintain on a current basis an analysis of
259	the economic conditions and changes occurring in the downtown
260	area, including the effect thereon of such factors as
261	metropolitan growth, traffic congestion, lack of adequate
262	parking and other access facilities, and structural obsolence
263	and deterioration.
264	(2) Formulate and maintain on a current basis both short-
265	range and long-range plans for improving the attractiveness and
266	accessibility to the public of downtown facilities, promoting
267	efficient use thereof, remedying the deterioration of downtown
268	property values, and developing the downtown area.
269	(3) Recommend to the city council for its consideration
270	and approval the actions deemed most suitable for implementing
271	the said downtown development plans, including removal, razing,
272	repair, renovation, reconstruction, remodeling, and improvement
273	of existing structures, addition of new structures and
274	facilities, relocation of those existing, and changes in
275	facilities for getting thereto and therefrom.
276	(4) Participate actively in the implementation and
277	execution of approved downtown development plans, including
278	establishment, acquisition, construction, ownership, financing,
279	leasing, licensing, operation, and management of publicly owned
280	or leased facilities deemed feasible and beneficial in effecting
281	implementation for public purposes, but this subsection shall
282	not give the board any power or control over any city property
283	unless and until assigned to it by the city commission under the
284	provisions of subsection (5) of this section.
285	(5) Carry on all other projects and undertakings
286	authorized by law and within the limits of the powers granted to
287	it by law, and such additional lawful projects and undertakings
288	related to the downtown area as the city commission may assign
289	to the board with its consent.
290	Section 8. Powers of the board.--In the performance of the
291	functions vested in or assigned to the board, it is hereby
292	granted the following powers:
293	(1) To enter into contracts and agreements, and to sue and
294	to be sued as a body corporate;
295	(2) To have and use a corporate seal;
296	(3) To acquire, own, convey, or otherwise dispose of,
297	lease as lessor or lessee; construct, maintain, improve,
298	enlarge, raze, relocate, operate, and manage property and
299	facilities of whatever type to which it holds title; and to
300	grant and acquire licenses, easements, and options with respect
301	thereto. However, any property owned by the board will be
302	subject to the applicable state and local taxes imposed thereon;
303	(4) To accept grants and donations of any type of
304	property, labor, or other thing of value from any public or
305	private source;
306	(5) To receive the proceeds of the tax hereby imposed upon
307	it by trusts or other agreements validly entered into by it;
308	(6) To have exclusive control of funds legally available
309	to it, subject to limitations imposed upon it by law or by any
310	agreement validly entered into by it;
311	(7) To cooperate and enter into agreements with other
312	governmental agencies or other public bodies;
313	(8) To make to or receive from the city or Leon County
314	conveyances, leaseholds, grants, contributions, loans, and other
315	rights and privileges;
316	(9) To request by resolution that the city exercise its
317	powers of eminent domain to acquire any real property for public
318	purposes. If the property involved is acquired, the board shall
319	take over and assume control of such property on terms mutually
320	agreed upon between the city and the board, but the board shall
321	not thereafter be authorized to sell, lease, or otherwise
322	dispose of such property so acquired without the formal consent
323	of the city council;
324	(10) To issue and sell revenue certificates as hereinafter
325	provided, or in any other manner permitted by law and not
326	inconsistent with the provisions hereof, and to take all steps
327	necessary for efficient preparation and marketing of the
328	certificates at public or private sale at the best price
329	obtainable, including the entry into agreements with corporate
330	trustees, underwriters, and the holders of certificates, and the
331	employment and payment, as a necessary expense of issuance, for
332	the service of consultants on valuations, costs, and feasibility
333	of undertaking, revenues to be anticipated and other financial
334	matters, architecture, engineering, legal matters, accounting
335	matters, and any other fields in which expert advice may be
336	needed to effectuate advantageous issuance and marketing;
337	(11) To fix, regulate, and collect rents, fees, rates, and
338	charges for facilities or projects or any parts thereof or
339	services furnished by it or under its control and to pledge the
340	revenue to the payment of revenue certificates issued by it;
341	(12) To borrow money after approval of the city commission
342	on its unsecured notes, for a period not exceeding nine (9)
343	months, in an aggregate amount for all outstanding unsecured
344	notes not exceeding fifty (50%) percent of the unpledged
345	proceeds received during the immediately prior fiscal year from
346	the tax hereby imposed, and at an annual rate of interest not
347	exceeding the rate being charged at the time of the loan by
348	banks in the city on unsecured short-term loans to local
349	businesses;
350	(13) To acquire by rental or otherwise and to equip and
351	maintain a principal office for the conduct of its business and
352	such branch offices as may be necessary;
353	(14) To employ and prescribe the duties, authority,
354	compensation not to exceed the highest salary paid to other non-
355	elective city employees, and reimbursement of expenses of the
356	executive director of the board, who shall act as its chief
357	executive officer; a general counsel, who shall be an attorney
358	in active Florida practice and so engaged at the time of
359	appointment; and such other personnel as may be necessary from
360	time to time; provided, its personnel shall not be under civil
361	service regulations, shall be employed to serve at its pleasure,
362	and with the exception of its secretary, shall not while
363	employed by it serve as a member of the board;
364	(15) To exercise all powers incidental to the effective
365	and expedient exercises of the foregoing powers to the extent
366	not in conflict herewith or inconsistent herewith; and
367	(16) To establish development and taxing subdistricts
368	within the downtown area for sectional development in accordance
369	with the comprehensive plan; taxes acquired from said
370	subdistricts to be utilized solely within the subdistrict area,
371	said area not to be less than one (1) city block in size;
372	provided, however, that no subdistrict shall be established nor
373	any tax imposed without the written approval of the freeholders
374	located therein. No limitation shall be placed on the amount of
375	the taxes imposed under this subsection, said taxes to be levied
376	only on the real property within the subdistrict area.
377	Section 9. Levy of ad valorem tax.--For the fiscal year of
378	the board beginning with the calendar year 1971, and for each
379	fiscal year thereafter, an ad valorem tax in addition to all
380	other ad valorem taxes may be levied annually by the city
381	commission upon request of the board for the purposes of
382	financing the operation of the board on all property in the
383	downtown area that is subject to ad valorem taxation for city
384	operating expenses. The tax base shall be the assessed valuation
385	made annually by the appropriate tax assessor. The rate shall
386	not exceed one (1) mill on each dollar of tax base in 1971 and
387	each year thereafter. The city tax collector shall collect the
388	tax when and in the same manner in which he or she collects the
389	city ad valorem taxes, with the same discounts for early
390	payment, and shall pay the proceeds into the city treasury for
391	the account of the board. For the purpose of this legislation,
392	the downtown area shall constitute a special taxing district to
393	be administered as such.
394	Section 10. Board records and fiscal management.--The
395	fiscal year of the board shall coincide with that of the city.
396	(1) All funds of the board shall be received, held, and
397	secured like other public funds by the appropriate fiscal
398	officers of the city. The funds of the board shall be maintained
399	under a separate account, shall be used for purposes herein
400	authorized, and shall be disbursed only by direction of or with
401	the approval of the board pursuant to requisitions signed by the
402	director or other designated chief fiscal officer of the board
403	and countersigned by at least one (1) other person who shall be
404	a member of the board.
405	(2) The board bylaws shall provide for maintenance of
406	minutes and other official records of its proceedings and
407	actions, for preparation and adoption of an annual budget for
408	each ensuing fiscal year, for internal supervision and control
409	of its accounts, which function the appropriate city fiscal
410	officers may perform at its request, and for an external audit
411	at least annually by an independent certified accountant who has
412	no personal interest, direct or indirect, in its fiscal affairs.
413	A copy of the external audit shall be filed with the city clerk
414	within ninety (90) days after the end of each fiscal year. The
415	bylaws shall specify the means by which each of these functions
416	is to be performed, and, as to those functions assigned to board
417	personnel, the manner and schedule of performance.
418	(3) No member or employee of the board shall participate
419	by vote or otherwise on behalf of the board in any matter in
420	which he or she has a direct financial interest or an indirect
421	financial interest other than of the benefits to be derived
422	generally from the development of the downtown area.
423	Participation with knowledge of such interest shall constitute
424	malfeasance and shall result, as regards a member, in automatic
425	forfeiture of office, or as regards an employee, in prompt
426	dismissal.
427	Section 11. Provisions governing issuance of
428	certificate.--Issuance of revenue certificates by the board
429	shall be governed by the following general provisions:
430	(1) Revenue certificates for purposes thereof are limited
431	to obligations that are secured solely by pledge of revenues
432	produced by the facility or facilities for the benefit of which
433	the certificates are issued and the sale proceeds used, that do
434	not constitute a lien or encumbrance legal or equitable, on any
435	real property of the board or on any of its personal property
436	other than the revenues pledged to secure payment of the
437	certificates.
438	(2) The faith and credit of the city shall not be pledged
439	and the city shall not be obligated directly or indirectly to
440	make any payments on or appropriate any funds for certificates
441	issued by the board.
442	(3) The rate or rates of interest and the sale price of
443	the certificates by the board shall be such that the true
444	interest cost to it on the proceeds received from the sale shall
445	not exceed the rate authorized by law for the city.
446	(4) Before issuing any revenue certificates the board
447	shall as to each issue:
448	(a) Prepare or procure from a reputable source detailed
449	estimates of the total cost of the undertaking for which the
450	certificates are contemplated and of the annual revenues to be
451	obtained therefrom and pledged as security for payment of the
452	certificates;
453	(b) Determine that the anticipated net proceeds from the
454	sale, together with any other funds available and intended for
455	the purposes of the issue, will be sufficient to cover all costs
456	of the undertaking and of preparing and marketing the issues or
457	connected therewith;
458	(c) Determine that the annual revenues anticipated from
459	the undertaking will be sufficient to pay the estimated cost of
460	maintaining, repairing, operating, and replacing, to any
461	necessary extent, not only the undertaking but also the punctual
462	payment of the principal of, and interest on, the contemplated
463	certificates; and
464	(d) Specify these determinations in and include the
465	supporting estimates as parts of the resolution providing for
466	the issue.
467	(5) The board may, as to any issue of revenue
468	certificates, engage the services of a corporate trustee for the
469	issue and may treat any or all costs of carrying out the trust
470	agreement as part of the operating costs of the undertaking for
471	which the certificates are issued.
472	(6) The board shall from time to time establish such
473	rentals, rates, and charges, or shall by agreement maintain such
474	control thereof, as to meet punctually all payments on the
475	undertaking and its maintenance and repair, including reserves
476	therefor and for depreciation and replacement.
477	(7) Revenue certificates may be issued for the purposes of
478	funding, refunding, or both.
479	(8) All revenue certificates issued pursuant hereto shall
480	be negotiable instruments for all purposes.
481	Section 12. Transfer upon cessation of the board.--Should
482	the board cease to exist or to operate for whatever reason, all
483	property of whatever kind shall forthwith become property of the
484	city, subject to the outstanding obligations of the board
485	incurred in conformity with all of the foregoing provisions, and
486	the city shall use this property to maximum extent then
487	practicable for effectuating the purposes hereof and shall
488	succeed to and exercise only such powers of the board as shall
489	be necessary to meet outstanding obligations of the board and
490	effect an orderly cessation of its powers and functions.
491	Section 13. Freeholder’s referendum.--No powers shall be
492	exercised by the board, nor shall any special taxing district be
493	established, until such time as the freeholders not wholly
494	exempt in the downtown area approve of this act in accordance
495	with the referendum provisions provided herein below:
496	(1) Election supervisor.--For the purpose of this
497	referendum, the city clerk shall act as elections supervisor and
498	do all things necessary to carry out the provisions of this
499	section.
500	(2) Registration.--Within forty-five (45) days from the
501	date the city adopts the ordinance defining the downtown area,
502	the clerk shall compile a list of the names and last known
503	addresses of the freeholders in the downtown area from the tax
504	assessment roll of the City of Tallahassee applicable as of the
505	thirty-first day of December in the year immediately preceding
506	the year in which the aforesaid ordinance was adopted and the
507	same shall constitute the registration list for the purposes of
508	the freeholders’ referendum hereunder, except as hereinafter
509	provided.
510	(3) Notification.--Within the time period specified in
511	subsection (2) above, the clerk shall notify each freeholder of
512	the general provisions of this act, including the taxing
513	authority and powers of eminent domain, the dates of the
514	upcoming referendum, and the method provided for additional
515	registration should the status of the freeholder have changed
516	since the compilation of the tax rolls. Notification hereunder
517	shall be by U.S. mail and in addition thereto by publication one
518	time in a newspaper of general circulation in Leon County,
519	Florida, within the time period provided in subsection (2)
520	above.
521	(4) Additional registration.--Any freeholder whose name
522	does not appear on the tax rolls may register with the city at
523	the City Hall, Tallahassee, Florida, or by mail in accordance
524	with regulations promulgated by the clerk. The registration
525	lists shall remain open until seventy-five (75) days after the
526	passage of the ordinance defining the downtown area by the city
527	council.
528	(5) Voting.--Within fifteen (15) days after the closing of
529	the registration list, the clerk shall send a ballot to each
530	registered freeholder at his or her last known mailing address
531	by registered U.S. mail. Said ballot shall include a description
532	of the general provisions of this act, the assessed value of the
533	freeholders’ property, and the percent of his or her interest
534	therein. Ballots shall be returned to the city clerk by U.S.
535	mail or personal delivery at City Hall. All ballots received by
536	the clerk within one-hundred-twenty (120) days after the passage
537	of the ordinance defining the downtown area shall be tabulated
538	by the clerk, who shall certify the results thereof to the city
539	council no later than five (5) days after said one-hundred-
540	twenty (120) day period. Any person voting on behalf of himself
541	or herself or any corporation, trust, partnership, or estate,
542	who has knowledge that he or she is not a freeholder as defined
543	by this act, shall be guilty of perjury and shall be prosecuted
544	and upon conviction, punished in accordance with the provisions
545	of the laws of this state.
546	(6) Passage of the act.--The freeholders shall be deemed
547	to have approved of the provisions of this act at such time as
548	the clerk certifies to the city commission that approval has
549	been given by the freeholders representing in excess of fifty
550	(50%) percent of the assessed value of the property within the
551	downtown area.
552	(7) For the purpose of this act, each vote shall be
553	weighed according to the assessed valuation of property owned by
554	each individual, estate, trust, partnership, or corporation.
555	Joint and several owners of property shall each be allowed to
556	cast one (1) ballot, but each shall be marked with the
557	percentage of their interest therein and said ballots shall not
558	be tabulated in excess of the total assessed value of the
559	jointly held property.
560	(8) Should the freeholders fail to approve of the
561	provisions of this act as provided herein, the city may call one
562	(1) additional referendum by resolution of the city commission
563	at any time after one (1) year from the certification of the
564	results of the previous referendum by the clerk. The additional
565	referendum shall be held in accordance with the provisions of
566	this section, save and except that all time periods will be
567	computed from the date of the resolution calling for the
568	referendum and not from the passage of the ordinance defining
569	the downtown area. Should the freeholders fail to initially
570	approve this act as provided herein after two (2) such
571	referenda, all provisions of this act shall be null and void,
572	and this act shall be repealed.
573	(9) Additional freeholders’ elections called after
574	increasing or decreasing the boundaries of the downtown area in
575	accordance with section 4 of this act, shall be held in
576	accordance with the referendum provisions for initial approval
577	of this act; provided, however, that no provision of this act
578	shall require the approval of freeholders in an area which has
579	previously been approved of the provisions of this act by any
580	referendum held hereunder.
581	(10) A repeal of referendum may be called by petition of
582	freeholders representing at least twenty (20%) percent of the
583	assessed value of the property in the downtown area, for the
584	purpose of abolishing the board and repealing this act. Upon
585	receipt of such a petition for a repeal referendum by the city
586	clerk, a freeholders’ referendum election shall be called by the
587	city. The procedure shall be the same as provided for the
588	initial approval of this act, except that additional repeal
589	referenda may be petitioned at any time after one (1) year from
590	the certification of the results of a previous repeal referendum
591	by the clerk. The proposition shall be put on a ballot
592	permitting a vote for repeal of the Tallahassee downtown
593	development board or against repeal. A vote for repeal of the
594	board by the freeholders representing more than fifty (50%)
595	percent of the assessed value of the property of the freeholders
596	voting in the repeal referendum, shall cause immediate cessation
597	of the Tallahassee downtown development board and shall
598	constitute repeal of this act.
599	Section 14. City and county authority.--The city and Leon
600	County are hereby authorized to furnish personnel, services, and
601	material to the board without reimbursement therefore, to
602	specifically include the services of the Tallahassee-Leon County
603	planning department and the city attorney.
604	Section 15. Liberal construction and severability.--The
605	provisions of this act, being desirable for the welfare of the
606	city and its inhabitants, shall be liberally construed to
607	effectuate the purposes herein set forth.
608	Section 4. Chapters 71-935 and 91-394, Laws of Florida,
609	are repealed.
610	Section 5. This act shall take effect upon becoming a law.