NOTICE OF REFERENDUM ELECTION
Pursuant to the provisions of Section 100.342, Florida Statutes, notice is
hereby given that a special election shall be held on Tuesday, November 5, 2024,
to determine whether the County Commission should be authorized to levy a non-ad
valorem special assessment to pave certain County-maintained unpaved roads
within Canaveral Groves at an estimated annual assessment amount of $1,500 per
parcel over twenty (20) years beginning in 2025, such assessment to be levied
only upon parcels abutting or otherwise receiving a special benefit from the
road paving project. The Board of County Commissioners of Brevard County,
Florida, adopted Resolution No. 2024-069 further outlining the referendum
election as fully set forth below:
AR County
BREVAR
BOARD OF COUNTY COMMISSIONERS
FLORIDA'S SPACE COAST
Kimberly Powell, Clerk to the Board, 400 South Street PO. Box 999, Titusville,
Florida 32781-0999
Telephone: (321) 637-2001 Fax: (321) 264-6972 Kimberly Powell @brevardclerk.us
BREWARD C
FLORIDA
12 revard
REFERENDUM AREA,
July 24, 2024
MEMORANDUM
TO: Morris Richardson, County Attorney
RE:
Item 1.2., Resolution Calling for Referendum Election Regarding a Non-Ad Valorem
Special Assessment for Road paving in Canaveral Groves
The Board of County Commissioners, in regular session on July 23, 2024, adopted
Resolution No. 24-069, calling for a local referendum election concurrent with
the November 2024 general election, to determine if a non-ad valorem special
election assessment shall be levied to fund the paving of certain
County-maintained dirt roads in Canaveral Groves. Enclosed is fully-executed
Resolution.
Your continued cooperation is always appreciated.
Sincerely,
BOARD OF COUNTY COMMISSIONERS RACHEL M. SADOFF, CLERK
Borderly Howell
Kimberly Powell, Clerk to the Board
Encl. (1)
CC:
Each Commission District
RECEIVED
JUL 29 2024
Brevard County Attorney
Supervisor of Elections
County Manager
PRINTED ON RECYCLED PAPER
RESOLUTION 2024-069
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA,
ORDERING AND PROVIDING FOR AN ELECTION ON A NON-AD VALOREM SPECIAL ASSESSMENT TO
FINANCE THE PAVING OF CERTAIN COUNTY-MAINTAINED UNPAVED ROADS IN CANAVERAL
GROVES; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, there are miles of County-maintained unpaved roads in the Canaveral
Groves area of Brevard County; and
WHEREAS, the Board of County Commissioners of Brevard County, Florida,
hereinafter the Board, has determined that the property owners residing within
the boundaries of the area where the special assessment is proposed would
benefit significantly from the paving of these roads; and
WHEREAS, generally, it is less expensive for the County to maintain paved roads
than unpaved roads; and
WHEREAS, the Board finds that the property owners residing within the boundaries
of the area where the special assessment is proposed to be levied should be
given the opportunity to determine whether a non-ad valorem special assessment
should be imposed to pave certain County-maintained dirt roads in the Canaveral
Groves area. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF BREVARD COUNTY, FLORIDA, as follows:
Section 1. RECITALS. The above recitals are true and correct and incorporated
herein by this reference.
Section 2. FINDINGS. It is hereby found and determined by the Board as follows:
A. On April 23, 2024, the Board approved a local referendum election be held to
allow the electors in the affected area to vote on whether a non-ad valorem
special assessment could be levied to fund the paving of certain County-
maintained dirt roads in Canaveral Groves.
B. Pursuant to Section 125.01(1), Florida Statutes, Section 5.4 of the Brevard
County Charter, and other applicable State and County laws, rules, and
regulations, the Board is authorized to impose non-ad valorem special
assessments upon approval by a majority of the electors residing within the
boundaries of the affected area.
Page 1 of 4
C. November 5, 2024, is an appropriate and desirable date to conduct the non-ad
valorem special assessment election.
D. The unpaved roads upon which the non-ad valorem special assessment may be
spent include those depicted in Exhibit A and listed in Exhibit B, both of which
are attached hereto and incorporated herein by this reference..
E. The non-ad valorem assessment will provide special benefits to those
properties within the referendum area where the assessment would be levied. The
area where the non-ad valorem assessment would be levied consists of those
properties abutting an unpaved road to be paved using funds from the assessment,
or which will otherwise receive a special benefit from the road paving project.
F. The Board directs the Supervisor of Elections to create a referendum area in-
line with Exhibit A and Exhibit B consisting of electors residing in properties
that abut an unpaved road to be paved using funds from the non-ad valorem
assessment or which will otherwise receive a special benefit from the road
paving project.
Section 3. PLACES OF VOTING, INSPECTORS, CLERKS. As provided by law, the polls
will be open at the voting places on the date of such non-ad valorem assessment
referendum. All qualified electors residing with the area where the non-ad
valorem assessment is proposed to be levied shall be entitled and permitted to
vote at such non- ad valorem assessment referendum on the proposition provided
below. The places of voting and the inspectors and clerk for the non-ad valorem
assessment referendum shall be those designated by the Supervisor of Elections
of Brevard County.
Section 4. OFFICIAL BALLOT. The form of ballot to be used in the non-ad valorem
assessment referendum shall contain a statement of the description of the
proposed assessment, and shall be in substantially the following form:
OFFICIAL BALLOT
BREVARD COUNTY, FLORIDA
NOVEMBER 5, 2024
REFERENDUM TO DETERMINE WHETHER TO PAVE CERTAIN UNPAVED ROADS THROUGH THE LEVY
OF NON-AD VALOREM SPECIAL ASSESSMENTS.
SHALL THE BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA, BE
AUTHORIZED TO LEVY A NON-AD VALOREM SPECIAL ASSESSMENT TO PAVE Page 2 of 4
CERTAIN
COUNTY-MAINTAINED UNPAVED
ROADS
WITHIN ANNUAL ASSESSMENT AMOUNT OF $1,500 PER PARCEL OVER TWENTY (20) YEARS
BEGINNING IN 2025, SUCH ASSESSMENT TO BE LEVIED ONLY UPON PARCELS ABUTTING OR
OTHERWISE RECEIVING A SPECIAL BENEFIT FROM THE ROAD PAVING PROJECT?
CANAVERAL GROVES AT AN ESTIMATED
YES, FOR THE NON-AD VALOREM ASSESSMENT
NO, AGAINST THE NON-AD VALOREM ASSESSMENT
Section 5. ABSENTEE VOTING. The form of ballots to be used in such bond
referendum for absentee voters shall be the same as used at the polling places
for said referendum.
Section 6. PRINTING OF BALLOTS. The Supervisor of Elections for Brevard County
is hereby authorized and requested to: (a) have sample ballots printed and to
deliver such sample ballots to the inspectors and clerks on or before the date
and time for opening of the polls for such special assessment referendum, and
(b) have official ballots for use in such special assessment referendum election
printed and delivered in accordance with law.
Section 7. NOTICE OF REFERENDUM. Notice of the referendum shall be published in
a newspaper of general circulation in the County or on the County's website as
provided in Section 50.0311, Florida Statutes, at least twice, once in the fifth
week and once in the third week prior to the week in which the referendum is
held, the date of first publication in said newspaper to be at least thirty (30)
days before said referendum, in the manner provided in Section 100.342, Florida
Statutes.
Section 8. PAYMENT OF REFERENDUM EXPENSES. The County Manager is hereby
authorized and directed to approve the payment of lawful expenses associated
with conducting the special assessment election and the clerk of the Board of
County Commissioners is hereby authorized and directed to disburse funds
necessary to pay
such expenses.
Section 9. VOTER REGISTRATION BOOKS. The Supervisor of Elections for Brevard
County is hereby authorized and requested to furnish to the inspections and
clerks at each place where the votes are to be cast in such special assessment
referendum, applicable portions of the registration books or certified copies
thereof showing the names of the qualified electors residing in the County.
Page 3 of 4
Section 10. ELECTION PROCEDURE. The special assessment referendum shall
be held and conducted in the manner prescribed by law and shall, as soon as
practicable, be returned to and canvassed by the Board of County Commissioners
of Brevard County, Florida. The result shall show the number of qualified
electors who voted at such referendum and the number of votes cast respectively
for and against approval of the special assessment. Upon certification by the
Board of County Commissioners, the results shall be recorded in the minutes of
the Board.
Section 11. ELECTION RESULTS. If the majority of the votes cast at such
referendum shall be "YES, FOR THE NON-AD VALOREM ASSESSMENT," the Board of
County Commissioners may consider levying a non-ad valorem assessment utilizing
the uniform method for the levy, collection, and enforcement of non-ad valorem
assessments provided in Section 197.3632, Florida
Statutes.
Section 12. SEVERABILITY. In the event that any word, phrase, clause, sentence,
or paragraph hereof shall be held invalid by any court of competent
jurisdiction, such holding shall not affect any other word, clause, sentence, or
paragraph hereof.
Section 13. REPEALING CLAUSE. All resolutions or other actions of the County
which are in conflict herewith are hereby repealed to the extent of such
conflict or inconsistency.
Section 14. EFFECTIVE DATE. This Resolution shall take effect immediately upon
its adoption.
DONE AND ADOPTED in Regular Session of the Board of County Commissioners of
Brevard County, Florida, this 23rdday of July, 2024. BOARD OF COUNTY
COMMISSIONERS OF
ATTEST:
BREVARD COUNTY FLORIDA
Rachel Sadoff Clerk
Jason Steele, Chair
As approved by the Board 07-23-2024.
LEGEND
SOADWAY CANAVERAL GROVES 14 CIMS
OVED ROADWA
CINCE
EXHIBIT A
Page 4 of 4
DISTRICT 1 DIRT ROADS PER VOTER PRECINCTS
CANAVERAL GROVES
FAY BLVD
ROBERT ST
TARRAGON ST
CARAWAY ST ANGELICA ST
GRESSOM PKWY
JAMES D
ROADS TO BE PAVED USING FUNDS FROM NON-AD VALOREM SPECIAL ASSESSMENT
Bahia Street (south of Seville Avenue)
Banana Avenue Cangro Street (west of Tangerine Street)
Calamondin Avenue
East Little Court
Erica Street
Grapehill Street Jake Avenue
Kumquat Avenue
Lambros Street Lemon Street
Navel Street
Newburn Street
Ocala Street Osprey Avenue (south of Cangro Street)
Oxbury Avenue
Oxeye Avenue
Paddington Street
Palm Avenue
Papaya Street
Scarlett Avenue Seville Avenue Shadwell Avenue Sheridan Avenue
Showdow Street
Simpson Place (Jake Ave. to Ocala St.).
Tangerine Street Tapscott Avenue
Temple St. (Showdow St. to Citrus Blvd.).
Tokay Avenue Vacaro Avenue Valdine Avenue
West Little Court
EXHIBIT B
2197
2192
2193
2194
2195