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 Orlando
 Code of Ordinances
 Title I. CHARTER
 Chapter 18. DOWNTOWN DEVELOPMENT BOARD ACT

  § 13. Freeholders' Referendum.  

Latest version.

  • No powers shall be exercised by the Board, now shall any special taxing district be established, until such time as the freeholders within the development area approve of this act in accordance with the referendum provisions provided hereinbelow:

    (1)

    Election supervisor. For the purposes of this referendum the City Clerk shall act as election supervisor and do all things necessary to carry out the provisions of this section.

    (2)

    Registration. Within thirty (30) days from the date this act becomes law, the Clerk shall compile a list of the names and the last known addresses of the freeholders in the development area from the tax assessment roll used by the City applicable as of the date of certification of the current tax roll and the same shall constitute the registration list for the purposes of the freeholders referendum hereinunder, except as hereinafter provided.

    (3)

    Notification. Within ten (10) days of the expiration of the time period specified in subsection (2), the clerk shall notify each freeholder of the general provisions of this act, including the taxing authority and powers of eminent domain, the dates of the upcoming referendum and the method provided for additional registration should the status of the freeholder have changed since the compilation of the tax rolls. Notification hereinunder shall be by United States mail and in addition thereto by publication one (1) time in a newspaper of general circulation in Orange County, within the time period provided in subsection (2).

    (4)

    Additional registration. Any freeholder whose name does not appear on the tax rolls may register with the City Clerk at the City Hall, Orlando, Florida, or by mail in accordance with the regulations promulgated by the Clerk. The registration lists shall remain open until seventy-five (75) days after the date this act becomes law.

    (5)

    Voting. Within thirty (30) days after the closing of the registration list, the referendum shall be held at the City Hall at Orlando under the supervision of the Clerk. A secret ballot form of voting will be utilized. After the close of the poll, the results of said referendum shall be tabulated by the Clerk, who shall certify the results thereof to the City Council no later than five (5) days after said referendum. Any person voting who has knowledge that he is not a freeholder as defined by this act, shall be guilty of perjury and shall be prosecuted and upon conviction, punished in accordance with the provisions of the laws of this state.

    (6)

    Passage of the act. The freeholders shall be deemed to have approved of the provisions of this act at such time as the Clerk certifies to the City Council that approval has been given by a majority of the freeholders voting in this referendum.

    (7)

    For the purposes of this act, one (1) vote shall be allowed for each freeholder.

    (8)

    Should the freeholders fail to approve of the provisions of this act as provided herein, the City may call one (1) additional referendum by resolution of the City Council at any time after one (1) year from the certification of the results of the previous referendum by the Clerk. The additional referendum shall be held in accordance with the provisions of this section, save and except that all time periods will be computed from the date of the resolution calling for the referendum. Should the freeholders fail to initially approve this act as provided herein after two (2) such referenda, all provisions of this act shall be null and void, and this act shall be repealed.

    (9)

    Additional freeholders' elections called after increasing or decreasing the boundaries of the development area in accordance with section 4 of this act shall be held in accordance with the referendum provisions for initial approval of this act; provided, however, that no provision of this act shall require the approval of freeholders in an area which has previously approved of the provisions of this act by any referendum held hereinunder.

    (10)

    A repeal referendum may be called by petition of twenty percent (20%) of the freeholders in the development area, for the purpose of abolishing the Board and repealing this act. Upon receipt of such a petition for a repeal referendum by the City Clerk, a freeholders referendum election shall be called by the City. The procedure shall be the same as provided for the initial approval of this act, except that additional repeal referenda may be petitioned at any time after one (1) year from the certification of the results of a previous repeal referendum by the Clerk. The proposition shall be put on the ballot permitting a vote for repeal of the downtown development Board or against repeal. A vote for repeal of the Board by more than fifty percent (50%) of the freeholders voting in the repeal referendum shall cause immediate cessation of the Downtown Development Board and shall constitute repeal of Laws of Fla. ch. 71-810, as amended.

(Laws of Fla. ch. 71-810, § 13; Laws of Fla. ch. 78-577, § 6)