Senate Bill sb2860
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Florida Senate - 2004 (NP) SB 2860
By Senator Dockery
15-1210A-04 See HB 823
1 A bill to be entitled
2 An act relating to the Lakeland Downtown
3 Development Authority; codifying, amending,
4 repealing, and reenacting special acts relating
5 to the Lakeland Downtown Development Authority,
6 an independent special district; providing
7 definitions; providing a statement of policy;
8 providing a method of defining the downtown
9 area; creating a board to be known as the
10 Lakeland Downtown Development Authority;
11 providing for composition of the board;
12 providing for appointment, term of office,
13 compensation, bonding, and liability of the
14 members of the board; providing for filling
15 vacancies in office; providing for bylaws and
16 internal governance of the board; prescribing
17 the functions and powers of the board;
18 providing for Polk County to levy an ad valorem
19 tax of not more than 2 mills; providing for
20 records and fiscal management; providing for
21 issuing revenue certificates; providing for
22 succession by the city if the board ceases to
23 exist or operate; providing for referenda;
24 prescribing the scope of this act; providing
25 for liberal construction; repealing chapters
26 77-588 and 78-549, Laws of Florida; providing
27 an effective date.
28
29 Be It Enacted by the Legislature of the State of Florida:
30
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Florida Senate - 2004 (NP) SB 2860
15-1210A-04 See HB 823
1 Section 1. Pursuant to section 189.429, Florida
2 Statutes, this act constitutes the codification of all special
3 acts relating to the Lakeland Downtown Development Authority
4 District, also known as the Lakeland Downtown Development
5 Authority. It is the intent of the Legislature in enacting
6 this law to provide a single, comprehensive special act
7 charter for the district, including all current legislative
8 authority granted to the district by its several legislative
9 enactments and any additional authority granted by this act.
10 Section 2. Chapters 77-588 and 78-549, Laws of
11 Florida, are codified, reenacted, amended, and repealed as
12 herein provided.
13 Section 3. The Lakeland Downtown Development Authority
14 District is reenacted, and the charter for the district is
15 re-created and reenacted to read:
16 Section 1. Short title.--This act shall be known and
17 may be cited as the "Lakeland Downtown Development Authority
18 Act."
19 Section 2. Definitions and rules of
20 construction.--Unless qualified in the text, the following
21 definitions and rules of construction shall apply:
22 (1) "Board" means the Lakeland Downtown Development
23 Authority Board and any successor to its functions, authority,
24 rights, and obligations.
25 (2) "City" and "Lakeland" mean the City of Lakeland.
26 (3) "City commission" means the Lakeland City
27 Commission and any succeeding governing body of the city.
28 (4) "Downtown" and "downtown area" mean the area
29 established by the city commission as set forth herein and to
30 which this act primarily relates, including the central
31 business district and its environs.
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Florida Senate - 2004 (NP) SB 2860
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1 (5) "Herein," "hereby," "hereof," and similar
2 compounds refer to the entire act.
3 (6) "Including" shall be construed as merely
4 introducing illustrative examples and not as limiting in any
5 way the generality of the inclusive term.
6 (7) "Majority" without qualification means a majority
7 of a quorum.
8 (8) "Mayor" means the Mayor of the City of Lakeland.
9 (9) "State" means the State of Florida.
10 (10) "Freeholder" for the purposes of this act means
11 any owner of real property in the downtown area not wholly
12 exempt from ad valorem taxation, including those claiming
13 homestead, whether individual, corporation, trust, estate,
14 partnership, or other artificial legal entity.
15 (11) "Elector" shall be as defined in Section 2 of
16 Article VI of the State Constitution, 1968.
17 Section 3. Statement of policy.--It is the policy of
18 the state to make it possible for the City of Lakeland to
19 revitalize and preserve property value and prevent
20 deterioration in the central business district by a system of
21 self help to correct the blight of such deterioration as has
22 developed there. It is a purpose of this act to provide the
23 means whereby property owners within said district benefiting
24 directly from the result of such a program shall bear the
25 substantial cost thereof, and thereby local problems may be
26 solved on a local level.
27 Section 4. Downtown area description.--
28 (1) The boundaries of the Lakeland Downtown
29 Development Authority District are:
30 Commencing at a point at the intersection of
31 Iowa Av. and Magnolia St., proceed south and
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Florida Senate - 2004 (NP) SB 2860
15-1210A-04 See HB 823
1 easterly along the western right-of-way of the
2 proposed In-Town Bypass (SR 600), Project No.
3 16000-3502, to the intersection with the CSX
4 railroad tracks; thence proceed northeasterly
5 along the CSX railroad tracks to the
6 intersection with the proposed In-Town Bypass;
7 thence southeasterly along the proposed In-Town
8 Bypass to Lake Av.; thence southerly along Lake
9 Av. to E. Orange St.; thence westerly along E.
10 Orange St. to S. Iowa Ave.; thence southerly
11 along S. Iowa Ave. to Lake Morton Dr.; thence
12 westerly along Lake Morton Dr. to Louise Place;
13 thence westerly along Louise Place to S.
14 Florida Ave,; thence northerly along S. Florida
15 Ave. to W. Walnut St.; thence westerly along W.
16 Walnut St. to S. Missouri Ave.; thence
17 southerly along the western right-of-way line
18 of S. Missouri Ave. to the centerline of W.
19 Hickory St.; thence westerly along the
20 centerline of W. Hickory St. approximately 135'
21 from the western right-of-way line of S.
22 Missouri Ave. to the centerline of the closed
23 north-south alley way; thence southerly along
24 the centerline of said closed alley way to the
25 north right-of-way line of W. Palmetto St.;
26 thence westerly approximately 830.68' along W.
27 Palmetto St. to the northwestern corner of the
28 intersection of W. Palmetto St. and Lakeside
29 Ave.; thence northerly approximately 199.98';
30 thence westerly approximately 219.26' to the
31 southeasterly right-of-way line of Sikes Blvd.;
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Florida Senate - 2004 (NP) SB 2860
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1 thence southeasterly along Sikes Blvd. to the
2 extended north-south alignment of the western
3 boundary of The Lakeland Center south parking
4 lot; thence northerly along said alignment to
5 W. Lime St.; thence westerly along W. Lime St.
6 to Lake Beulah Dr.; thence northerly along Lake
7 Beulah Dr. to W. Lemon St.; thence easterly
8 along W. Lemon St. to Dakota Ave.; thence
9 northerly along Dakota Ave. and Dakota Ave.
10 extended to Lake Wire Dr.; thence easterly
11 along the south and east side of Lake Wire to
12 New York Av.; thence northerly along New York
13 Av. to Magnolia St.; thence easterly along
14 Magnolia St. to the point of beginning.
15 (2) The city commission may from time to time, by the
16 procedure herein provided, alter or amend the boundaries of
17 the downtown area by the inclusion of additional territory or
18 the exclusion of lands from the limits of the district.
19 (a) The city commission shall set a date for a public
20 hearing for the adoption of an ordinance altering or amending
21 the boundaries of the downtown area. Upon the adoption of a
22 resolution, the city commission shall cause a notice of the
23 public hearing to be published in a newspaper of general
24 circulation published in the city, which notice shall be
25 published two times, not less than 30 nor more than 60 days
26 from the date of the hearing. The notice shall set forth the
27 date, time, and place of the hearing and shall describe the
28 proposed boundaries of the downtown area. Additionally, the
29 board shall cause to be mailed to each owner of real property
30 within the proposed area not wholly exempt from taxes,
31 according to the tax collector's records existing in Polk
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Florida Senate - 2004 (NP) SB 2860
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1 County, a copy of the notice as published in the paper, not
2 less than 15 days prior to the hearing. Any citizen, taxpayer,
3 or property owner shall have the right to be heard in favor
4 of, or in opposition to, the proposed boundaries of the
5 downtown district.
6 (b) After the public hearing, the city commission
7 shall, in the manner authorized by law, adopt an ordinance
8 defining the downtown area. The city commission shall not
9 incorporate land into the district not included in the
10 description contained in the notice of the public hearing, but
11 it may eliminate any lands from the area, as published, in the
12 final determination of the boundaries. Such eliminated lands
13 shall be free from any additional tax imposed herein. From and
14 after the effective date of the ordinance, it shall have
15 existence as herein provided.
16 Section 5. Creation of the board; composition and
17 provisions relating to members.--There is hereby created a
18 board composed of seven members to be known officially as the
19 "Lakeland Downtown Development Authority." The board is hereby
20 constituted a body corporate and an agency of the city.
21 Performance by the board of its duties and exercise of its
22 powers are hereby designated municipal functions and shall be
23 so construed.
24 (1) Six noncommissioner members of the board shall be
25 elected for 3-year terms, with two members being elected in an
26 authority election each year, at a date specified in the
27 bylaws, by:
28 (a) The electors residing within the downtown area and
29 registered within a precinct which lies within the downtown
30 area.
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Florida Senate - 2004 (NP) SB 2860
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1 (b) The designated voting representatives of any
2 corporation or other artificial legal entity owning property
3 within the taxing district.
4 (c) Any freeholder owning property within the
5 district. Corporations or other artificial legal entities
6 desiring to designate a voting representative with the board
7 shall do so in the form and manner specified in the bylaws.
8
9 In any election, each qualified voter shall have the right to
10 write in any additional person on the ballot for each office.
11 Any ballot received more than 2 weeks later than the date
12 mailed by the authority shall be null and void. Similarly, any
13 ballot containing fewer than 2 votes shall be null and void.
14 Nominations for board members shall be made by filing with the
15 city clerk a petition on a form to be prescribed by the clerk,
16 bearing the signatures of at least 10 electors or freeholders
17 entitled to vote in the election.
18 (2) Two noncommissioner board members shall be elected
19 at each annual election. Each qualified voter shall vote for
20 two of those nominated for office. The two nominees receiving
21 the greatest number of votes shall be elected as
22 noncommissioner board members and shall serve for 3-year
23 terms. In addition, the mayor, or a commissioner serving on
24 the City Commission of Lakeland and designated by the mayor,
25 shall serve in the position of commissioner board member on
26 the Lakeland Downtown Development Authority.
27 (3) The City Manager of the City of Lakeland shall
28 serve as an ex officio member of the board.
29 (4) To qualify for service on this board and to remain
30 qualified for service on it, all board members, except for
31 commissioner members, shall have their principal places of
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1 business or employment in the downtown area or shall hold
2 property in the downtown area.
3 (5) In the event of any vacancies in office, the board
4 shall appoint someone to serve temporarily until the next
5 scheduled election, at which time there shall be nominations,
6 as provided herein, for the remainder of the unexpired term.
7 (6) Each member of the board shall serve without
8 compensation for services rendered as a member but may be
9 reimbursed by the board for necessary and reasonable expenses
10 actually incurred in the performance of duty. The board may
11 require that all its members or any or all of its officers or
12 employees be required to post bond for faithful performance of
13 duty. The board shall require such bond of all persons
14 authorized to sign on accounts of the board, and the board
15 shall pay bonding costs. No member of the board shall be
16 personally liable for any action taken in attempting in good
17 faith to perform his or her duty, or for a decision not to
18 act, except in instances of fraud or willful neglect of duty.
19 Section 6. Board bylaws and internal governance.--
20 (1) The board shall formulate and may amend its own
21 rules of procedure and written bylaws, not inconsistent
22 herewith, but such rules of procedure and written bylaws and
23 amendments thereto shall become effective only after the
24 approval of a majority of the voting members of the board.
25 (2) Four voting members of the board shall constitute
26 a quorum for the transaction of business, but fewer than a
27 quorum may adjourn from time to time. All action shall be
28 taken by vote of at least a majority present and voting. Each
29 year the board shall select one of its members as chair and
30 another as vice chair. It shall hold regular meetings at least
31 once a month at a regular meeting place to facilitate the
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Florida Senate - 2004 (NP) SB 2860
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1 attendance of interested parties and shall provide in its
2 bylaws for holding special meetings. All owners of property in
3 the downtown area not wholly exempt from taxes shall be
4 notified by mail of the time and place of all special
5 meetings, and any person shall have the right to attend and
6 voice opinions at such meetings.
7 Section 7. Functions of the board.--The board shall
8 perform the following functions:
9 (1) The board shall not provide city governmental
10 services, but shall act as a catalyst to see that such
11 services are properly planned for within the downtown area and
12 are provided in a proper and full manner within that area.
13 (2) Assist the city in preparing and maintaining on a
14 current basis an analysis of the economic conditions and
15 changes occurring in the downtown area, including the effect
16 thereon of such factors as metropolitan growth, traffic
17 congestion, parking and other access facilities, and
18 structural obsolescence and deterioration.
19 (3) Assist the city in formulating and maintaining on
20 a current basis both short-range and long-range plans for
21 improving the attractiveness and accessibility to the public
22 of downtown facilities, promoting efficient use thereof,
23 remedying the deterioration of downtown property values, and
24 developing the downtown area in general.
25 (4) Recommend to the city, for its consideration and
26 approval, the actions deemed most suitable for implementing
27 any downtown development plans, including removal, razing,
28 repair, renovation, reconstruction, remodeling, and
29 improvement of existing structures, addition of new structures
30 and facilities, relocation of those existing, and changes in
31 facilities for getting thereto and therefrom.
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Florida Senate - 2004 (NP) SB 2860
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1 (5) Participate actively in the implementation and
2 execution of downtown development plans, including
3 establishment, acquisition, construction, ownership,
4 financing, leasing, licensing, operation, and management of
5 publicly owned or leased facilities deemed feasible and
6 beneficial in effecting implementation for public purposes;
7 however, this subsection shall not give the board any power or
8 control over any city property unless and until assigned to it
9 by the city commission under the provision of subsection (6).
10 (6) Carry on such additional lawful projects and
11 undertakings related to the downtown area as the city
12 commission may assign to the board with its consent.
13 Section 8. Powers of the board.--In the performance of
14 the functions vested in or assigned to the board under section
15 7, the board is granted the following powers:
16 (1) To enter into contracts and agreements to
17 accomplish the functions set forth in section 7 and to sue and
18 be sued as a body corporate.
19 (2) To have and use a corporate seal.
20 (3) To accept grants and donations of any type of
21 property, labor, or other thing of value from any public or
22 private source.
23 (4) To receive the proceeds of the tax hereby imposed.
24 (5) To receive the revenues from any property or
25 facility owned, leased, licensed, or operated by it or under
26 its control, subject to the limitations imposed upon it by
27 trusts or other agreements validly entered into by it.
28 (6) To have exclusive control of funds legally
29 available to it, subject to limitations imposed upon it by law
30 or by any agreement validly entered into by it.
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1 (7) To cooperate and enter into agreements with other
2 governmental agencies or other public bodies, except that
3 nothing in this act shall be construed as authorization to
4 initiate a federally subsidized urban renewal program and any
5 such urban renewal program is hereby specifically prohibited.
6 (8) To borrow money and to issue and sell revenue
7 certificates as hereinafter provided, or in any other manner
8 permitted by law and not inconsistent with the provisions
9 hereof, and to take all steps necessary for efficient
10 preparation and marketing of the certificates at public or
11 private sale at the best price obtainable, including the entry
12 into agreements with corporate trustees, underwriters, and the
13 holders of the certificates, and the employment and payment as
14 a necessary expense of issuance, for the service of
15 consultants on valuations, costs, and feasibility of
16 undertaking, revenues to be anticipated and other financial
17 matters, architecture, engineering, legal matters, accounting
18 matters, and any other fields in which expert advice may be
19 needed to effectuate advantageous issuance and marketing.
20 (9) To request by resolution that the city exercise
21 its powers of eminent domain to acquire any real property for
22 public purposes. If the property involved is acquired, the
23 board shall take over and assume control of such property on
24 terms mutually agreed upon between the city and the board, but
25 the board shall not hereafter be authorized to sell, lease, or
26 otherwise dispose of such property so acquired without the
27 formal consent of the city commission.
28 (10) To acquire, own, convey, or otherwise dispose of,
29 lease as lessor or lessee, construct, maintain, improve,
30 enlarge, raze, relocate, operate, and manage property and
31 facilities of whatever type to which it holds title and to
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Florida Senate - 2004 (NP) SB 2860
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1 grant or acquire licenses, easements, and options with respect
2 thereto.
3 Section 9. Levy of ad valorem tax.--Polk County, upon
4 request of the board for the purpose of implementing its
5 authority under this act, shall levy an ad valorem tax in
6 addition to all other ad valorem taxes that may be levied
7 annually by the county on all real property within the area
8 described in section 4, except that no such tax shall be
9 levied on property qualifying for homestead exemption, and
10 Polk County shall administer such levy as a special taxing
11 district levy authorized under Section 9 of Article VII of the
12 State Constitution. The rate shall not exceed 2 mills on each
13 dollar of tax base, and the board shall establish its budget
14 for the coming fiscal year and for each fiscal year thereafter
15 prior to the time the Tax Collector of Polk County shall
16 prepare his or her tax bills. After making public the proposed
17 budget, the board shall communicate by written notice to the
18 Tax Assessor of Polk County what millage rate, within the
19 2-mill limit, shall be in effect for the next year's billing.
20 Section 10. Board records and fiscal management.--
21 (1) The funds of the board shall be maintained under a
22 separate account, shall be used for the purposes herein
23 authorized, and shall be distributed only by direction of or
24 with the approval of the board pursuant to requisitions signed
25 by the director or other designated chief fiscal officer of
26 the board and countersigned by at least one other person who
27 shall be a member of the board.
28 (2) The board bylaws shall provide for maintenance of
29 minutes and other official records of its proceedings and
30 actions, for preparation and adoption of an annual budget for
31 each ensuing fiscal year, for internal supervision and control
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Florida Senate - 2004 (NP) SB 2860
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1 of its accounts, which function the appropriate city fiscal
2 officers may perform at its request, and for an external audit
3 at least annually by an independent certified public
4 accountant who has no personal interest, direct or indirect,
5 in its fiscal affairs. A copy of the external audit shall be
6 filed with the city clerk within 90 days after the end of each
7 fiscal year.
8 (3) No member or employee of the board shall
9 participate by vote or otherwise on behalf of the board in any
10 matter in which he or she has a direct financial interest or
11 an indirect financial interest other than of the benefits to
12 be derived generally from the development of the downtown
13 area. Participation with knowledge of such interest shall
14 constitute malfeasance and shall result, as regards a member,
15 in automatic forfeiture of office or, as regards an employee,
16 in prompt dismissal.
17 Section 11. Issuance of revenue
18 certificates.--Issuance of revenue certificates by the board
19 shall be governed by the following general provisions:
20 (1) Revenue certificates for purposes hereof are
21 limited to obligations that are secured solely by pledge of
22 revenues produced by the facility or facilities for the
23 benefit of which the certificates are issued and the sale
24 proceeds used and that do not constitute a lien or
25 encumbrance, legal or equitable, on any real property of the
26 board or on any of its personal property other than the
27 revenues pledged to secure payment of the certificates.
28 (2) The faith and credit of the city shall not be
29 pledged and the city shall not be obligated directly or
30 indirectly to make any payments on or appropriate any funds
31 for certificates issued by the board.
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Florida Senate - 2004 (NP) SB 2860
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1 (3) Before issuing any revenue certificate, the board
2 shall, with respect to each issue:
3 (a) Prepare or procure from a reliable source detailed
4 estimates of the total cost of the undertaking for which the
5 certificates are contemplated and of the annual revenues to be
6 obtained therefrom and pledged as security for payment of the
7 certificates.
8 (b) Determine that the anticipated net proceeds from
9 the sale, together with any other funds available and intended
10 for the purposes of the issue, will be sufficient to cover all
11 costs of the undertaking and of preparing and marketing the
12 issues connected therewith.
13 (c) Determine that the annual revenues anticipated
14 from the undertaking will be sufficient to pay not only the
15 estimated annual cost of maintaining, repairing, operating,
16 and replacing, to any necessary extent, the undertaking, but
17 also the punctual payment of the principal of, and interest
18 on, the contemplated certificates.
19 (d) Specify its determinations in, and include the
20 supporting estimates as part of, the resolution providing for
21 the issue.
22 (4) The board may, with respect to any issue of
23 revenue certificates, engage the services of a corporate
24 trustee for the issue and may treat any or all costs of
25 carrying out the trust agreement as part of the operating
26 costs of the undertaking for which the certificates are
27 issued.
28 (5) The board shall from time to time establish such
29 rentals, rates, and charges, or shall by agreement maintain
30 such control thereof, as to meet punctually all payments on
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1 the undertaking and its maintenance and repair, including
2 reserves therefor and for depreciation and replacement.
3 (6) Revenue certificates may be issued for the purpose
4 of funding, refunding, or both.
5 (7) All revenue certificates issued pursuant hereto
6 shall be negotiable instruments for all purposes.
7 (8) Validation bonds shall be in accordance with
8 chapter 75, Florida Statutes.
9 Section 12. Transfer upon cessation of the
10 board.--Should the board cease to exist or to operate for
11 whatever reason, all property of whatever kind shall forthwith
12 become the property of the city, subject to the outstanding
13 obligations of the board incurred in conformity with all of
14 the foregoing provisions, and the city shall use this property
15 to the maximum extent then practicable for effectuating the
16 purposes hereof and shall succeed to and exercise only such
17 powers of the board as shall be necessary to meet outstanding
18 obligations of the board and effect an orderly cessation of
19 its powers and functions. However, under no circumstances
20 shall the city directly or indirectly be obligated to pledge
21 or use any of its tax moneys to accomplish these functions.
22 Section 13. Referendum.--No ad valorem tax shall be
23 levied hereunder unless the question of the right of the board
24 to levy an annual tax pursuant to section 9 has been submitted
25 to the electors who reside within the downtown area and are
26 registered within a precinct which lies within the downtown
27 area and to the freeholders owning property in the downtown
28 area.
29 (1) For the purposes of any required referendum, the
30 city clerk shall act as election supervisor and do all things
31 necessary to carry out the provisions of this section.
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1 (2) The Clerk of the City of Lakeland shall compile a
2 list of the names and the last known addresses of the property
3 owners of real property not wholly exempt from taxes as
4 determined from the tax assessment rolls of Polk County, and
5 the list so prepared shall constitute the registration list
6 for the purposes of the referendum herein, except as
7 hereinafter provided.
8 (3) The clerk shall notify each person qualified to
9 vote herein of the general provisions of this act and shall
10 send him or her a certified copy of same, the dates of the
11 upcoming referendum, and the method provided for additional
12 registration should the status of any property owner have
13 changed from that obtained from the county property appraiser.
14 Notification hereunder shall be by United States mail and in
15 addition thereto by publication one time in a newspaper of
16 general circulation.
17 (4) Any person entitled to vote herein whose name does
18 not appear on such registration list may register with the
19 city clerk at City Hall of the City of Lakeland or by mail in
20 accordance with regulations promulgated by the clerk. The
21 registration lists shall remain open until 30 days after the
22 notification provided in subsection (3).
23 (5) Within 30 days after the closing of the
24 registration list, the clerk shall have a secret and direct
25 ballot of the persons entitled to vote in such a referendum by
26 providing a certified voting machine or paper ballot at City
27 Hall of the City of Lakeland, between the legal hours of
28 voting in normal elections. The clerk shall place the date of
29 this election in the original notification and, additionally,
30 the day after the registration list is closed, shall mail to
31 all eligible voters additional notification of the time and
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1 place of said election. Within 1 day after holding said
2 election, the clerk shall certify the results thereof to the
3 City Commission of Lakeland and to the board. Any person
4 voting who has knowledge that he or she is not a freeholder or
5 elector residing within the district as defined by this act
6 shall be guilty of perjury and shall be prosecuted and, upon
7 conviction, punished in accordance with the provisions of the
8 laws of this state.
9 (6) For the purposes of this act, one vote shall be
10 allowed for each individual who is a freeholder or elector as
11 defined in section 5(1)(a) and by the State Constitution.
12 Joint and several owners of property shall be allowed to cast
13 one ballot per parcel. Corporations or other artificial legal
14 entities that own property within the district shall designate
15 a voting representative no less than 1 week prior to any
16 referendum in the manner to be prescribed by the city clerk.
17 Such corporations or artificial legal entities shall vote only
18 through their designated representatives.
19 (7) Additional referenda called for levying special
20 taxing district taxes after changing the boundaries of the
21 downtown area originally established in accordance with
22 section 4 shall be held in accordance with the referendum
23 provisions of this act. However, no provision of this act
24 shall require the approval of property owners or electors in
25 an area which was not previously included within the boundary
26 of the Lakeland Downtown Development Authority.
27 (8) A repeal referendum may be called by petition of
28 the property owners and electors representing at least 30
29 percent of the property owners and electors in the downtown
30 area as defined in section 5(1)(a) for the purpose of
31 abolishing the board and repealing this act. Upon the receipt
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1 of such a petition for a repeal referendum by the city clerk,
2 a referendum election shall be called by the city clerk and
3 shall be held under the procedures as specified in this
4 section. If the repeal shall fail, there shall be no
5 additional repeal referendum made by petition at any time
6 until 1 year after the certification of the results of the
7 previous repeal referendum by the clerk.
8 (9) The elections to be held under this act shall be
9 held in accordance with the election laws of the City of
10 Lakeland insofar as possible and the laws of the state.
11 Section 14. Millage limitations.--This act provides
12 for the establishment of a special taxing district under
13 Section 9 of Article VII of the State Constitution, and the
14 millage limitation is specified in this act as authorized by
15 the State Constitution. It is intended that such tax shall not
16 be construed as a tax for county or municipal purposes as
17 referred to in that section of the State Constitution.
18 However, should this act be judicially construed to be within
19 the 10-mill limitation of the city or the 10-mill limitation
20 of the county, then all provisions of this act shall be null
21 and void and this act shall be of no further effect.
22 Section 15. Liberal construction.--The provisions of
23 this act, being desirable for the welfare of the city and its
24 inhabitants, shall be liberally construed to effectuate the
25 purposes herein set forth.
26 Section 4. Chapters 77-588 and 78-549, Laws of
27 Florida, are repealed.
28 Section 5. This act shall take effect upon becoming a
29 law.
30
31
18
CODING: Words stricken are deletions; words underlined are additions.