1 | A bill to be entitled |
2 | An act relating to the City of Orlando, Orange County; |
3 | establishing the Orlando Downtown Development Board as a |
4 | body corporate; providing the boundaries of the Orlando |
5 | Downtown Development Area; providing number, |
6 | qualifications, term, and methods of appointment and |
7 | removal of board members; providing for filling vacancies |
8 | in office, service without compensation, reimbursement of |
9 | expenses, bonding, and personal liability in certain |
10 | instances; providing for bylaws, internal governance, and |
11 | functions and powers of the board; providing for the city |
12 | to levy in each fiscal year an ad valorem property tax of |
13 | not more than 1 mill to finance board operations; |
14 | providing for assessment and collection of taxes by the |
15 | city subject to compensation to it for services rendered |
16 | to the board; requiring maintenance of records and budget |
17 | and fiscal control; forbidding participation on behalf of |
18 | the board by personnel financially interested in the |
19 | matter involved; providing for succession by the city to |
20 | the property and certain functions of the board if the |
21 | board ceases to exist or operate; regulating issuance of |
22 | board revenue certificates; prescribing scope of the act; |
23 | providing for freeholders' elections; providing |
24 | construction and severability; providing an effective |
25 | date. |
26 |
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27 | Be It Enacted by the Legislature of the State of Florida: |
28 |
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29 | Section 1. Popular name.--This act may be cited as the |
30 | "Downtown Development Board Act." |
31 | Section 2. Definitions; rules of construction.--Unless |
32 | qualified in the text, the following definitions and rules of |
33 | construction shall apply to this act: |
34 | (1) "Board" means the Downtown Development Board created |
35 | by this act and any successor to its functions, authority, |
36 | rights, and obligations. |
37 | (2) "City" and "Orlando" mean the City of Orlando. |
38 | (3) "City council" means the Orlando City Council and any |
39 | succeeding governing body of the city. |
40 | (4) "Freeholder" means any owner of real property in the |
41 | development area not wholly exempt from ad valorem taxation, |
42 | whether individual, corporation, trust, estate, or partnership, |
43 | residing or with its principal place of business located in the |
44 | United States. |
45 | (5) "Including" shall be construed as merely introducing |
46 | illustrative examples and not as limiting in any way the |
47 | generality of the inclusive term. |
48 | (6) "Majority" without qualification means a majority of |
49 | the board. |
50 | (7) "Mayor" means the mayor of the City of Orlando. |
51 | (8) "Orlando Downtown Development Area" or "development |
52 | area" means the area established by the city council as set |
53 | forth in this act and to which this act primarily relates, |
54 | including the central business district and its environs. |
55 | (9) "State" means the State of Florida. |
56 | Section 3. Statement of policy; legislative findings.-- |
57 | (1) It is the policy of the state to make it possible for |
58 | the city to revitalize and preserve property values and prevent |
59 | future and reduce present deterioration in the Orlando Downtown |
60 | Development Area. The board created by this act is intended to |
61 | provide a vehicle whereby property owners of commercial and |
62 | income-producing properties who will benefit directly from the |
63 | results of such a program will bear the substantial cost thereof |
64 | and thereby local problems may be solved on the local level |
65 | through the use of machinery provided by local government. |
66 | (2) The Legislature further finds and declares that the |
67 | provisions of this act and the power afforded to the board are |
68 | desirable. |
69 | Section 4. Orlando Downtown Development Area.-- |
70 | (1) The Orlando Downtown Development Area includes the |
71 | central business district and its environs, being all lands |
72 | described in accordance with the following: the initial |
73 | development area for the purposes of this act shall be the area |
74 | set forth by the city council in its ordinance of December 15, |
75 | 1969, being Documentary 8978-A. From and after approval of this |
76 | act by the referendum required in section 13, the development |
77 | area shall have existence as provided in this act. |
78 | (2) The city council may from time to time, after a period |
79 | of 1 year after the approval of this act, by the procedure |
80 | provided in this act, alter or amend the boundaries of the |
81 | development area by the inclusion of additional territory or the |
82 | exclusion of lands from the limits of the development area; |
83 | however, no real property included within the boundaries of the |
84 | development area as established in this act shall be removed |
85 | from said area without the consent of the freeholders as |
86 | provided in section 13. No tax shall be levied upon property |
87 | later added to the development area by expansion of the |
88 | boundaries except as provided for by a vote of the freeholders |
89 | within the added territory as provided for in subsection (10) of |
90 | section 13 and compliance otherwise with this act. The city |
91 | council shall set a date for a public hearing prior to the |
92 | adoption of an ordinance describing area to be added to or |
93 | deleted from the development area. Upon the adoption of a |
94 | resolution, the city council shall cause a notice of the public |
95 | hearing to be published in a newspaper of general circulation |
96 | published in the city, which notice shall be published one time |
97 | not less than 30 nor more than 60 days after the date of the |
98 | hearing. The notice shall set forth the date, time, and place of |
99 | the hearing and shall describe the boundaries of the proposed |
100 | development area. Any citizen, taxpayer, or property owner shall |
101 | have the right to be heard in favor or opposition. After the |
102 | public hearing, the city council shall, in the manner authorized |
103 | by its charter, adopt a new ordinance establishing and defining |
104 | the development area. |
105 | Section 5. Creation of the board; composition; provisions |
106 | relating to members.--There is created a board composed of five |
107 | members to be known officially as the "Downtown Development |
108 | Board." It is constituted a body corporate and an agency of the |
109 | city, and performance by the board of its duties and exercise of |
110 | its powers are designated municipal functions and shall be so |
111 | construed. |
112 | (1) The mayor shall appoint the members of the board, with |
113 | the concurrence of the city council, and by majority vote of its |
114 | entire membership, the city council may remove a member of the |
115 | board for cause. |
116 | (2) Of the initial members, one member shall be appointed |
117 | for a term expiring July 1, 1973, two members shall be appointed |
118 | for terms expiring July 1, 1974, and two members shall be |
119 | appointed for terms expiring July 1, 1975. Thereafter, each |
120 | succeeding member shall be appointed by the mayor, with the |
121 | concurrence of the city council, for a term of 3 years. |
122 | (3) To qualify for appointment to the board and to remain |
123 | qualified for service on it, a prospective member or a member |
124 | already appointed shall have his or her principal residence, |
125 | employment, or place of business in the development area or be |
126 | an owner of realty therein and shall not be serving as a city |
127 | officer or employee. A majority of members shall be owners of |
128 | realty within the development area, or lessees thereof, or |
129 | directors, officers, or managing agents of an owner or of a |
130 | lessee thereof so required to pay taxes thereon, but no two |
131 | shall be affiliates of the same corporation, partnership, or |
132 | other business entity. |
133 | (4) Vacancy in office, which shall be filled in the manner |
134 | provided in subsections (1) and (2) within 30 days after its |
135 | occurrence for the remainder of the unexpired term, shall occur |
136 | whenever a member is removed from office, becomes disqualified, |
137 | or is otherwise unable to serve or resigns. |
138 | (5) Each member of the board shall serve without |
139 | compensation for services rendered as a member but may be |
140 | reimbursed by the board for necessary and reasonable expenses |
141 | actually incurred in the performance of duty. The board may |
142 | require that all its members or any or all of its officers or |
143 | employees be required to post bond for faithful performance of |
144 | duty. The board shall require such bond of all persons |
145 | authorized to sign on accounts of the board, and the board shall |
146 | pay bonding costs. No member of the board shall be personally |
147 | liable for any action taken in attempting in good faith to |
148 | perform his or her duty, or for a decision not to act, except in |
149 | instances of fraud or willful neglect of duty. |
150 | Section 6. Board bylaws; internal governance.-- |
151 | (1) The board shall formulate and may amend its own rules |
152 | of procedure and written bylaws not inconsistent with this act, |
153 | and such rules of procedure and written bylaws, and amendments |
154 | thereto, shall not become effective until approved by the city |
155 | council. A majority of the board's entire membership shall |
156 | constitute a quorum for the transaction of business, but fewer |
157 | than a quorum may adjourn from time to time and may compel the |
158 | attendance of absent members. |
159 | (2) All action shall be taken by vote of at least a |
160 | majority of the board. The board shall select one of its members |
161 | as chair and another as vice-chair and shall prescribe their |
162 | duties, powers, and terms of service. The board shall hold |
163 | regular meetings at least once a month and shall provide in its |
164 | bylaws for holding special meetings. All meetings shall be given |
165 | public notice and shall be open to the public. In time for |
166 | submission to the governing body as required of all departments |
167 | of the city, the board shall prepare and submit for the approval |
168 | of the city council a budget for the operation of the board for |
169 | the ensuing fiscal year, the same to conform to the fiscal year |
170 | of the city. The budget shall be prepared in the manner and |
171 | contain the information required of all departments. However, |
172 | when and if approved by the city council, the budget shall not |
173 | require approval of any officer or body of the city other than |
174 | the governing body. No funds of the city may be included in the |
175 | budget of the board except those funds authorized in this act |
176 | and such other funds as may be authorized by the city council. |
177 | The board shall not expend any funds other than those authorized |
178 | by the approved budget, provided that the board shall have the |
179 | power, subject to the approval of the city council, to amend its |
180 | budget as may from time to time be necessary. |
181 | Section 7. Functions of the board.--The board shall |
182 | perform the following functions: |
183 | (1) Prepare and maintain on a current basis an analysis of |
184 | the economic conditions and changes occurring in the development |
185 | area, including the effect on the development area of such |
186 | factors as metropolitan growth, traffic congestion, lack of |
187 | adequate parking and other access facilities, and structural |
188 | obsolescence and deterioration. |
189 | (2) Formulate and maintain on a current basis both short- |
190 | range and long-range plans for improving the attractiveness and |
191 | accessibility to the public of development area facilities, |
192 | promoting efficient use thereof, remedying the deterioration of |
193 | development area property values, and developing the development |
194 | area. |
195 | (3) Recommend to the city council for its consideration |
196 | and approval the actions deemed most suitable for implementing |
197 | the development area plans as provided in subsection (2). |
198 | (4) Participate actively in the implementation and |
199 | execution of approved development area plans, including |
200 | establishment, acquisition, construction, ownership, financing, |
201 | leasing, licensing, operation, and management of publicly owned |
202 | or leased facilities deemed feasible and beneficial in effecting |
203 | implementation for public purposes. However, this subsection |
204 | shall not give the board any power or control over any city |
205 | property unless and until assigned to it by the city council |
206 | under the provisions of subsection (5). |
207 | (5) Carry on all other projects and undertakings |
208 | authorized by law and within the limits of the powers granted to |
209 | it by law and such additional lawful projects and undertakings |
210 | related to the development area as the city council may assign |
211 | to the board with its consent. |
212 | Section 8. Powers of the board.--In the performance of the |
213 | functions vested in or assigned to the board, it is granted the |
214 | following powers: |
215 | (1) To enter into contracts and agreements, and to sue and |
216 | be sued as a body corporate. |
217 | (2) To have and use a corporate seal. |
218 | (3) To acquire, own, convey, or otherwise dispose of; |
219 | lease as lessor or lessee; and construct, maintain, improve, |
220 | enlarge, raze, relocate, operate, and manage property and |
221 | facilities of whatever type to which it holds title; and to |
222 | grant or acquire licenses, easements, and options with respect |
223 | thereto, provided, however, that any property owned by the board |
224 | will be subject to the applicable state and local taxes imposed |
225 | thereon. |
226 | (4) To accept grants and donations of money, property of |
227 | any type, labor, or other thing of value from any public or |
228 | private source. |
229 | (5) To receive the proceeds of the tax provided by this |
230 | act. |
231 | (6) To receive the revenues from any property or facility |
232 | owned, leased, licensed, or operated by it or under its control, |
233 | subject to the limitations imposed upon it by trusts or other |
234 | agreements validly entered into by it. |
235 | (7) To have exclusive control of funds legally available |
236 | to it, subject to limitations imposed upon it by law or by any |
237 | agreement validly entered into by it. |
238 | (8) To cooperate and enter into agreements with other |
239 | governmental agencies or other public bodies, except that |
240 | nothing in this act shall be construed as authorization to |
241 | initiate a federally subsidized urban renewal program and any |
242 | such urban renewal program is specifically prohibited. |
243 | (9) To make to or receive from the city or Orange County |
244 | conveyances, leasehold interests, grants, contributions, loans, |
245 | and other rights and privileges. |
246 | (10) To request by resolution that the city exercise its |
247 | powers of eminent domain to acquire any real property for public |
248 | purposes. If the property involved is acquired, the board shall |
249 | take over and assume control of such property on terms mutually |
250 | agreed upon between the city and the board, but the board shall |
251 | not thereafter be authorized to sell, lease, or otherwise |
252 | dispose of such property so acquired without the formal consent |
253 | of the city council. |
254 | (11) To issue and sell revenue certificates as hereinafter |
255 | provided, or in another manner permitted by law and not |
256 | inconsistent with the provisions of this act, and to take all |
257 | steps necessary for efficient preparation and marketing of the |
258 | certificates at public or private sale at the best price |
259 | obtainable, including the entry into agreements with corporate |
260 | trustees, underwriters, and the holders of the certificates, and |
261 | the employment and payment as a necessary expense of issuance, |
262 | for the service of consultants on valuations, costs, and |
263 | feasibility of undertaking revenues to be anticipated and other |
264 | financial matters, architecture, engineering, legal matters, |
265 | accounting matters, and any other fields in which expert advice |
266 | may be needed to effectuate advantageous issuance and marketing. |
267 | (12) To fix, regulate, and collect rents, fees, rates, and |
268 | charges for facilities or projects or any parts thereof or |
269 | services furnished by it or under its control and to pledge the |
270 | revenue to the payment of revenue certificates issued by it. |
271 | (13) To borrow money after approval of the city council on |
272 | its unsecured notes for a period not exceeding 9 months in an |
273 | aggregate amount for all outstanding unsecured notes not |
274 | exceeding 50 percent of the unpledged proceeds received during |
275 | the immediately prior fiscal year from the tax imposed by this |
276 | act and at an annual rate of interest not exceeding the rate |
277 | being charged at the time of the loan by banks in the city on |
278 | unsecured short-term loans to local businesses. |
279 | (14) To acquire by rental or otherwise and to equip and |
280 | maintain a principal office for the conduct of its business and |
281 | such branch offices as may be necessary. |
282 | (15) To employ and prescribe the duties, authority, |
283 | compensation, not to exceed the highest salary paid to other |
284 | nonelective city employees, and reimbursement of expenses of the |
285 | executive director of the board, who shall act as its chief |
286 | executive officer; a general counsel, who shall be an attorney |
287 | in active practice in the state and so engaged at the time of |
288 | appointment; and such other personnel as may be necessary from |
289 | time to time; provided, however, that its personnel shall not be |
290 | under civil service regulations, shall not while employed by it |
291 | serve as city officers or employees, and, with the exception of |
292 | its secretary, shall not while employed by it serve as a member |
293 | of the board. |
294 | (16) To exercise all powers incidental to the effective |
295 | and expedient exercise of the foregoing powers to the extent not |
296 | in conflict or inconsistent with this act. |
297 | (17) To establish development and taxing subdistricts |
298 | within the downtown development area for sectional development |
299 | in accordance with the comprehensive plan, taxes acquired from |
300 | said subdistricts to be utilized solely within the subdistrict |
301 | area, said area not to be less than one city block in size; |
302 | provided, however, that no subdistrict shall be established nor |
303 | any tax imposed without an authorizing vote as provided by the |
304 | State Constitution and written approval of all of the |
305 | freeholders located therein and the city council. The 1-mill |
306 | limitation set forth in section 9 shall not apply to any such |
307 | consenting development and taxing subdistrict. |
308 | Section 9. Levy of ad valorem tax.--For the fiscal year of |
309 | the board beginning with the calendar year 1972, and for each |
310 | fiscal year thereafter, all ad valorem tax in addition to all |
311 | other ad valorem taxes may be levied or caused to be levied |
312 | annually by the city council, in its discretion, upon request of |
313 | the board for the purposes of financing the operation of the |
314 | board. Said tax may be levied on all property in the development |
315 | area or subdistrict thereof to the extent same is otherwise |
316 | subject to ad valorem taxation for city operating expenses, |
317 | except that property under homestead exemption shall not be |
318 | taxed. The tax base shall be the assessed valuation subject to |
319 | taxation as provided in this section made annually by the |
320 | appropriate tax assessors. The rate shall not exceed 1 mill on |
321 | each dollar of tax base in 1971 and each year thereafter. The |
322 | city tax collector shall collect or receive the tax when and in |
323 | the same manner in which he or she collects or receives the city |
324 | ad valorem taxes and with the same discounts for early payment |
325 | and shall pay the proceeds to the city treasurer for the account |
326 | of the board. Notwithstanding anything in this act that may be |
327 | to the contrary, or the purpose of this legislation, the Orlando |
328 | Downtown Development Area shall constitute a special taxing |
329 | district to be administered as such, and any tax levy imposed |
330 | within said district or subdistrict shall not be construed as |
331 | part of the 10-mill levy authorized the city by the constitution |
332 | and statutes of this state for operating expenses or as part of |
333 | any other millage limitation on the city. Should any court of |
334 | competent jurisdiction construe this act to be within such |
335 | millage limitation, all provisions of this act relating to |
336 | millage levies thereunder shall stand as null and void. |
337 | Section 10. Board records; fiscal management.--The fiscal |
338 | year of the board shall coincide with that of the city. |
339 | (1) All funds of the board shall be received, held, and |
340 | secured like other public funds by the appropriate fiscal |
341 | officers of the city. The funds of the board shall be maintained |
342 | under a separate account, shall be used only for purposes |
343 | authorized in this act, and shall be disbursed only by direction |
344 | of or with the approval of the board pursuant to requisitions |
345 | signed by the director or other designated chief fiscal officer |
346 | of the board and countersigned by at least one other person who |
347 | shall be a member of the board. The board shall pay the city as |
348 | an operating expense the reasonable value of the services |
349 | rendered by the city to the board, as may be determined by the |
350 | city council. |
351 | (2) The board bylaws shall provide for maintenance of |
352 | minutes and other official records of its proceedings and |
353 | actions, for preparation and adoption of an annual budget for |
354 | each ensuing fiscal year, for internal supervision and control |
355 | of its accounts, which function the appropriate city fiscal |
356 | officers may perform at its request, and for an external audit |
357 | at least annually by an independent certified public accountant |
358 | who has no personal interest, direct or indirect, in its fiscal |
359 | affairs. A copy of the external audit shall be filed with the |
360 | city clerk within 90 days after the end of each fiscal year. The |
361 | bylaws shall specify the means by which each of these functions |
362 | is to be performed and, as to those functions assigned to board |
363 | personnel, the manner and schedule of performance. |
364 | (3) No member or employee of the board shall participate |
365 | by vote or otherwise on behalf of the board in any matter in |
366 | which he or she has a direct financial interest or an indirect |
367 | financial interest other than of the benefits to be derived |
368 | generally from the development of the development area. |
369 | Participation with knowledge of such interest shall constitute |
370 | malfeasance and shall result, as regards a member, in automatic |
371 | forfeiture of office, or as regards an employee, in prompt |
372 | dismissal. |
373 | Section 11. Provisions governing issuance of |
374 | certificates.--Issuance of revenue certificates by the board |
375 | shall be governed by the following general provisions: |
376 | (1) Revenue certificates for purposes of this act are |
377 | limited to obligations that are secured solely by pledge of |
378 | revenues produced by the facility or facilities for the benefit |
379 | of which the certificates are issued and the sale proceeds used |
380 | and that do not constitute a lien or encumbrance, legal or |
381 | equitable, on any real property of the board or on any of its |
382 | personal property other than the revenues pledged to secure |
383 | payment of the certificates. |
384 | (2) The faith and credit of the city shall not be pledged |
385 | and the city shall not be obligated directly or indirectly to |
386 | make any payments on or appropriate any funds for certificates |
387 | issued by the board. |
388 | (3) The rate or rates of interest and the sale price of |
389 | the certificates by the board shall be such that the true |
390 | interest cost to the board on the proceeds received from the |
391 | sale shall not exceed the rate authorized by law for the city. |
392 | (4) Before issuing any revenue certificates, the board |
393 | shall as to each issue: |
394 | (a) Prepare or procure from a reputable source detailed |
395 | estimates of the total cost of the undertaking for which the |
396 | certificates are contemplated and of the annual revenues to be |
397 | obtained therefrom and pledged as security for payment of the |
398 | certificates. |
399 | (b) Determine that the anticipated net proceeds from the |
400 | sale, together with any other funds available and intended for |
401 | the purposes of the issue, will be sufficient to cover all costs |
402 | of the undertaking and of preparing and marketing the issues |
403 | connected therewith. |
404 | (c) Determine that the annual revenues anticipated from |
405 | the undertaking will be sufficient to pay the estimated annual |
406 | cost of maintaining, repairing, operating, and replacing, to any |
407 | necessary extent, not only the undertaking but also the punctual |
408 | payment of the principal of, and interest on, the contemplated |
409 | certificates. |
410 | (d) Specify these determinations in and include the |
411 | supporting estimates as part of the resolution providing for the |
412 | issue. |
413 | (5) The board may, as to any issue of revenue |
414 | certificates, engage the services of a corporate trustee for the |
415 | issue and may treat any or all of the costs of carrying out the |
416 | trust agreement as part of the operating costs of the |
417 | undertaking for which the certificates are issued. |
418 | (6) The board shall from time to time establish such |
419 | rentals, rates, and charges, or shall by agreement maintain such |
420 | control thereof, as to meet punctually all payments on the |
421 | undertaking and its maintenance and repair, including reserves |
422 | therefor, and for depreciation and replacement. |
423 | (7) Revenue certificates may be issued for the purposes of |
424 | funding, refunding, or both. |
425 | (8) All revenue certificates issued pursuant to this act |
426 | shall be negotiable instruments for all purposes. |
427 | Section 12. Transfer upon cessation of the board.--Should |
428 | the board cease to exist or to operate for whatever reason, all |
429 | of its property of whatever kind shall forthwith, upon consent |
430 | of the city, become the property of the city. If said property |
431 | becomes property of the city, it shall be taken subject to the |
432 | outstanding obligations of the board incurred in conformity with |
433 | all of the foregoing provisions, and the city shall use this |
434 | property to the maximum extent then practicable for effectuating |
435 | the purposes of this act and shall succeed to and exercise such |
436 | powers of the board as shall be necessary to meet outstanding |
437 | obligations of the board and effect an orderly cessation of its |
438 | powers and functions, provided, however, that in no event shall |
439 | the city become responsible for any debts, obligations, or |
440 | contracts of the board beyond the income of the property |
441 | produced by the sale, lease, operation, or disposition |
442 | otherwise, as decided by the city in its discretion. |
443 | Section 13. Freeholders' referendum.--No powers shall be |
444 | exercised by the board, nor shall any special taxing district be |
445 | established, until such time as the freeholders within the |
446 | development area approve of this act in accordance with the |
447 | following referendum provisions: |
448 | (1) ELECTION SUPERVISOR.--For the purposes of this |
449 | referendum, the city clerk shall act as election supervisor and |
450 | do all things necessary to carry out the provisions of this |
451 | section. |
452 | (2) REGISTRATION.--Within 30 days after the date this act |
453 | becomes law, the clerk shall compile a list of the names and the |
454 | last known addresses of the freeholders in the development area |
455 | from the tax assessment roll used by the city applicable as of |
456 | the date of certification of the current tax roll, and the same |
457 | shall constitute the registration list for the purposes of the |
458 | freeholders' referendum in this section, except as hereinafter |
459 | provided. |
460 | (3) NOTIFICATION.--Within 10 days after the expiration of |
461 | the time period specified in subsection (2), the clerk shall |
462 | notify each freeholder of the general provisions of this act, |
463 | including the taxing authority and powers of eminent domain, the |
464 | dates of the upcoming referendum, and the method provided for |
465 | additional registration should the status of the freeholder have |
466 | changed since the compilation of the tax rolls. Such |
467 | notification shall be by United States mail and, in addition |
468 | thereto, by publication one time in a newspaper of general |
469 | circulation in Orange County, within the time period provided in |
470 | subsection (2). |
471 | (4) ADDITIONAL REGISTRATION.--Any freeholder whose name |
472 | does not appear on the tax rolls may register with the city |
473 | clerk at the Orlando City Hall or by mail in accordance with |
474 | regulations adopted by the clerk. The registration lists shall |
475 | remain open until 75 days after the date this act becomes law. |
476 | (5) VOTING.--Within 30 days after the closing of the |
477 | registration list, the referendum shall be held at the Orlando |
478 | City Hall under the supervision of the clerk. A secret ballot |
479 | form of voting will be utilized. One vote shall be allowed for |
480 | each freeholder. After the close of the poll, the results of |
481 | said referendum shall be tabulated by the clerk, who shall |
482 | certify the results thereof to the city council no later than 5 |
483 | days after said referendum. Any person voting who has knowledge |
484 | that he or she is not a freeholder as defined by this act |
485 | commits perjury and shall be prosecuted and, upon conviction, |
486 | punished in accordance with the provisions of the laws of this |
487 | state. |
488 | (6) PASSAGE OF THE ACT.--The freeholders shall be deemed |
489 | to have approved of the provisions of this act at such time as |
490 | the clerk certifies to the city council that approval has been |
491 | given by a majority of the freeholders voting in this |
492 | referendum. Should the freeholders fail to approve of the |
493 | provisions of this act as provided in this subsection, the city |
494 | may call one additional referendum by resolution of the city |
495 | council at any time after 1 year after the certification of the |
496 | results of the previous referendum by the clerk. The additional |
497 | referendum shall be held in accordance with the provisions of |
498 | this section, save and except that all time periods will be |
499 | computed from the date of the resolution calling for the |
500 | referendum. Should the freeholders fail to initially approve |
501 | this act as provided in this subsection after two such |
502 | referenda, all provisions of this act shall be null and void, |
503 | and this act shall be repealed. |
504 | (7) OTHER ELECTIONS.--Additional freeholders' elections |
505 | called after increasing or decreasing the boundaries of the |
506 | development area in accordance with section 4 shall be held in |
507 | accordance with the referendum provisions for initial approval |
508 | of this act; however, no provision of this act shall require the |
509 | approval of freeholders in an area that has previously approved |
510 | of the provisions of this act by any referendum held under this |
511 | section. |
512 | (8) REPEAL OF THE ACT.--A repeal referendum may be called |
513 | by petition of 20 percent of the freeholders in the development |
514 | area for the purpose of abolishing the board and repealing this |
515 | act. Upon receipt of such a petition for a repeal referendum by |
516 | the city clerk, a freeholders' referendum shall be called by the |
517 | city. The procedure shall be the same as provided for the |
518 | initial approval of this act, except that additional repeal |
519 | referenda may be petitioned at any time after 1 year after the |
520 | certification of the results of a previous repeal referendum by |
521 | the clerk. The proposition shall be put on the ballot permitting |
522 | a vote for or against repeal of the Orlando Downtown Development |
523 | Board. A vote for repeal of the board by more than 50 percent of |
524 | the freeholders voting in the repeal referendum shall cause |
525 | immediate cessation of the Orlando Downtown Development Board |
526 | and shall constitute repeal of this act. |
527 | Section 14. Liberal construction; severability.--The |
528 | provisions of this act, being desirable for the welfare of the |
529 | city and its inhabitants, shall be liberally construed to |
530 | effectuate the purposes set forth in this act and are severable. |
531 | Should any portion of this act be held invalid or |
532 | unconstitutional by a court of competent jurisdiction, each |
533 | other portion shall remain effective. |
534 | Section 15. Repeal of prior special acts.--Chapters 71-810 |
535 | and 78-577, Laws of Florida, are repealed. |
536 | Section 16. This act shall take effect July 1, 2005. |