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  

31  

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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
    15-1210A-04                                         See HB 823




 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
    15-1210A-04                                         See HB 823




 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
    15-1210A-04                                         See HB 823




 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.

31  

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    Florida Senate - 2004        (NP)                      SB 2860
    15-1210A-04                                         See HB 823




 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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    Florida Senate - 2004        (NP)                      SB 2860
    15-1210A-04                                         See HB 823




 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
    15-1210A-04                                         See HB 823




 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
    15-1210A-04                                         See HB 823




 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.

31  

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    Florida Senate - 2004        (NP)                      SB 2860
    15-1210A-04                                         See HB 823




 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
    15-1210A-04                                         See HB 823




 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
    15-1210A-04                                         See HB 823




 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
    15-1210A-04                                         See HB 823




 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

31  

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    Florida Senate - 2004        (NP)                      SB 2860
    15-1210A-04                                         See HB 823




 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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    Florida Senate - 2004        (NP)                      SB 2860
    15-1210A-04                                         See HB 823




 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

                                  16

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    Florida Senate - 2004        (NP)                      SB 2860
    15-1210A-04                                         See HB 823




 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

                                  17

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    Florida Senate - 2004        (NP)                      SB 2860
    15-1210A-04                                         See HB 823




 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

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