ENROLLED 2003 Legislature
   
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.