Publication Date
2024-10-13
Subcategory
Miscellaneous Notices
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 continue to have the authority
to grant ad valorem tax exemptions to new businesses and expansions of existing
businesses that are expected to create new, full-time jobs in the county as
described in the following resolution number 2024-068 adopted by the Board of
County Commissioners of Brevard County, Florida on July 23 , 2024:
RESOLUTION 2024-068
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA,
CALLING A REFERENDUM ELECTION ON NOVEMBER 5, 2024 WITHIN THE TERRITORIAL LIMITS
OF BREVARD COUNTY ON THE QUESTION AS TO WHETHER THE AUTHORITY OF THE BOARD OF
COUNTY COMMISSIONERS TO GRANT PROPERTY TAX EXEMPTIONS TO NEW BUSINESSES AND
EXPANSIONS OF EXISTING BUSINESSES SHOULD BE RENEWED IN ACCORDANCE WITH THE
AUTHORITY OF SECTION 196.1995, FLORIDA STATUTES, WHICH PERTAINS TO ECONOMIC
DEVELOPMENT AD VALOREM TAX EXEMPTIONS; PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA:
SECTION 1. AUTHORITY FOR RESOLUTION. This resolution is adopted pursuant to
Chapter 125, Florida Statutes, and all other applicable provisions of law
including Section 196.1995, Florida Statutes.
SECTION 2. FINDINGS. It is hereby found and determined as follows:
A. That ad valorem tax exemptions for the purpose of promoting economic
development are authorized by the Constitution of the State of Florida under
Section 3, Article VII and by law under Section 196.1995, Florida Statutes;
B. That ad valorem tax exemptions will help Brevard County attract new
businesses and expansions to existing businesses;
C. That the attraction of new businesses and expansion of existing businesses
will create new jobs or retain existing jobs within the County and thereby
promote the public welfare;
D. That the Board of County Commissioners may, at its discretion, by ordinance,
only after referendum approval of the electors of Brevard County, Florida,
exempt from ad valorem taxation up to 100 percent of the assessed value of all
improvements to real property and all tangible personal property of a new
business, or up to 100 percent of the assessed value of all added improvements
to real property made to facilitate expansion of an existing business and of the
net increase of tangible personal property acquired to facilitate such
expansion.
SECTION 3. REFERENDUM. A special election referendum election is hereby called
and ordered to be held in Brevard County at the time of the next general
election to be held on November 5, 2024 to determine whether economic
development ad valorem tax exemptions should continue to be given to new
businesses and expansions of existing businesses that are expected to create
new, full-time jobs in the county.
SECTION 4. NOTICE OF REFERENDUM. This resolution shall be published twice in
full as part of the Notice of the Referendum Election, together with a notice in
substantially the form attached hereto as Exhibit "A" in the Legal Ads and
Public Notices Section on Brevard Countys publicly accessible website. The
publications shall occur once in the fifth week and once in the third week prior
to the week which includes November 5, 2024.
SECTION 5. NOTICE TO SUPERVISOR OF ELECTIONS. Upon adoption of this resolution,
notice of the calling of the referendum election provided for in this resolution
shall be delivered to the Supervisor of Elections. This resolution shall not be
implemented unless the Supervisor of Elections provides his/ her consent to a
date when the registration books can be available pursuant to Section 100.151,
Florida Statutes.
SECTION 6. PLACES OF VOTING, INSPECTORS, CLERKS. The polls will be open at the
voting places on the date of the referendum during the times prescribed by law.
All qualified electors residing within the County shall be entitled and
permitted to vote at the referendum on the proposition set forth below. The
places of voting and the inspectors and clerk for the referendum shall be those
designated by the Supervisor of Elections of Brevard County.
SECTION 7. OFFICIAL BALLOT. Ballots to be used in the referendum shall contain a
statement of the description of the proposed issue on economic development ad
valorem tax exemptions and shall be in substantially the following form:
BALLOT
Brevard County, Florida
Caption: Economic Development Ad Valorem Tax Exemptions for new businesses and
expansions of existing businesses
Shall the board of county commissioners of Brevard County, Florida continue to
be authorized to grant, pursuant to s. 3, Art. VII of the State Constitution,
property tax exemptions to new businesses and expansions of existing businesses
that are expected to create new, full-time jobs in the county?
_____ Yes - For authority to grant exemptions.
_____ No - Against authority to grant exemptions.
SECTION 8. ABSENTEE VOTING. The form of ballots to be used in such referendum
for absentee voters shall be the same as used at the polling places for said
referendum or such other form as may be prescribed by law.
SECTION 9. 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 referendum and (b) have official
ballots for use in such referendum printed and delivered in accordance with law.
SECTION 10. PAYMENT OF REFERENDUM EXPENSES. The County Manager is hereby
authorized and directed to approve the payment of lawful expenses associated
with conducting the referendum election and the Clerk of the Board of County
Commissioners is hereby authorized and directed to disburse the funds necessary
to pay such expenses.
SECTION 11. VOTER REGISTRATION BOOKS. The Supervisor of Elections for Brevard
County is hereby authorized and requested to furnish to the inspectors and
clerks at each place where the votes are to be cast in such referendum,
applicable portions of the registration books or certified copies thereof
showing the names of the qualified electors residing in the County.
SECTION 12. ELECTION PROCEDURE. The referendum shall be held and conducted in
the manner prescribed by law and shall be as soon as practicable, be returned
and canvassed in the manner prescribed by law. 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 proposition. Upon certification in
the manner prescribed by law, the results shall be recorded in the minutes of
the Board of County Commissioners.
SECTION 13. ELECTION RESULTS. If the majority of the votes cast at such a
referendum shall be for the proposition, the Board of County Commissioners, at
its discretion, by ordinance may thereafter grant ad valorem tax exemptions for
new businesses and expansions of existing businesses of up to 100 percent of the
assessed value of all improvements to real property made by or for the use of a
new business and all tangible personal property of such business, or up to 100
percent of the assessed value of all added improvements to real property made to
facilitate the expansion of an existing business and of the net increase in all
tangible personal property acquired to facilitate such expansion of an existing
business, provided that the improvements to the real property are made or the
tangible personal property is added or increased on or after the day an
ordinance granting such exemption is adopted.
SECTION 14. 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 15. 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 16. EFFECTIVE DATE. This resolution shall take effect immediately upon
its adoption. However, the resolution shall not be implemented until such time
as the Supervisor of Elections has consented to obtaining and making
registration books available in accordance with Section 100.151, Florida
Statutes.
DONE AND ADOPTED in Regular Session of the Board of County Commissioners of
Brevard County, Florida this 23 rd day of July 2024.
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF BREVARD COUNTY, FLORIDA
Rachel M. Sadoff, Clerk Jason Steele, Chair