Sun Sentinel Palm Beach Edition
RESOLUTION NO. 2018-269
AN ENABLING RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, SCHEDULING A REFERENDUM ELECTION TO BE HELD AT THE GENERAL ELECTION ON NOVEMBER 6, 2018, FOR THE PURPOSE OF DETERMINING WHETHER TO LEVY A ONE PERCENT (1%) CHARTER COUNTY AND REGIONAL TRANSPORTATION SYSTEM SALES SURTAX COMMENCING JANUARY 1, 2019, FOR A PERIOD OF THIRTY (30) YEARS, AS AUTHORIZED BY STATE LAW; PROVIDING FOR THE DELIVERY OF A CERTIFIED COPY OF THIS ENABLING RESOLUTION TO THE SUPERVISOR OF ELECTIONS BY JUNE 18, 2018; AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, Section 212.055(1), Florida Statutes, authorizes Broward County, Florida (“County”), to levy a Charter County and Regional Transportation System Sales Surtax (“Transportation Surtax”), subject to approval by referendum by a majority of the County electorate voting on the ballot measure; and
WHEREAS, in furtherance of funding critical transportation and transit needs for the benefit of present and future generations, the Board of County Commissioners of Broward County, Florida, desires that a referendum election on the levy of a one percent (1%) Transportation Surtax commencing January 1, 2019, for a period of thirty (30) years, be held at the General Election on November 6, 2018, in Broward County, Florida (“Ballot Measure”); and
WHEREAS, if the levy of the Transportation Surtax is approved by referendum at the General Election on November 6, 2018, the proceeds of the Transportation Surtax shall be expended for transportation and transit purposes authorized in Section 212.055(1)(d), Florida Statutes, as further described in the proposed ballot language, with oversight of expenditures by an independent Transportation Surtax Oversight Board, NOW, THEREFORE,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA:
Section 1. A referendum election is called and ordered to be held in Broward County, Florida, on Tuesday, November 6, 2018, and at such other times as permitted for voting under Chapter 101, Florida Statutes, for the purpose of determining whether to levy a one percent (1%) Transportation Surtax commencing January 1, 2019, for a period of thirty (30) years, on all transactions taxable pursuant to Section 212.054(2), Florida Statutes, consistent with the requirements of applicable law.
Section 2. Said referendum election shall be held between the hours of 7:00 a.m. and 7:00 p.m. on Tuesday, November 6, 2018, and at such other days and times as provided under applicable law, including for early voting as provided by Section 101.657, Florida Statutes, at the polling places established in Broward County. Absentee ballots for said referendum election shall be prepared and made available as provided by law. All registered and qualified electors of Broward County shall be eligible to vote in the referendum election.
Section 3. In accordance with Section 100.342, Florida Statutes, at least thirty (30) days’ notice of the referendum election shall be published by the Broward County Administrator in a newspaper of general circulation in Broward County at least three (3) times, including once in the seventh week, once in the fifth week, and once in the third week prior to the week in which the referendum election is to be held. The notice is attached hereto and made a part hereof as Exhibit A.
Section 4. The title and summary of the Ballot Measure to appear on the ballot for the referendum election are as follows:
FUNDING FOR COUNTYWIDE TRANSPORTATION SYSTEM IMPROVEMENTS THROUGH LEVY OF SURTAX Shall countywide transportation improvements to reduce traffic congestion, improve roads and bridges, enhance traffic signal synchronization, develop safe sidewalks and bicycle pathways, expand and operate bus and special needs transportation, implement rail along approved corridors, and implement emerging transportation technologies, be funded by levying a thirty year, one percent sales surtax, paid by residents and visitors, with the proceeds held in a newly created trust fund and all expenditures overseen by an independent oversight board?
_____ Yes
_____ No
Section 5. In accordance with Section 102.012, Florida Statutes, the Supervisor of Elections shall appoint election boards consisting of clerks and inspectors to serve in the referendum election.
Section 6. The Broward County Canvassing Board shall canvass the returns in said referendum election and shall, as provided by law, certify the results of such referendum election to the Board of County Commissioners of Broward County, Florida, the Broward County Administrator, and the Florida Department of State, to be recorded in appropriate public records.
Section 7. If a majority of the registered and qualified electors voting on the Ballot Measure in the referendum election vote “Yes” on the Ballot Measure, a one percent (1%) Transportation Surtax shall be levied commencing January 1, 2019, for a period of thirty (30) years, pursuant to Ordinance No. 2018-29, enacted by the Board on June 5, 2018.
Section 8. The County Administrator shall furnish a certified copy of this adopted enabling Resolution to the Broward County Supervisor of Elections on or before June 18, 2018. The County Administrator is also authorized to perform all other tasks as may be necessary or useful to comply with the requirements of law relating to referendum elections.
Section 9. SEVERABILITY.
If any portion of this Resolution is determined by any court to be invalid, the invalid portion shall be stricken, and such striking shall not affect the validity of the remainder of this Resolution. If any court determines that this Resolution, or any portion hereof, cannot be legally applied to any individual(s), group(s), entity(ies), property(ies), or circumstance(s), such determination shall not affect the applicability hereof to any other individual, group, entity, property, or circumstance. Section 10. EFFECTIVE DATE.
This Resolution shall become effective upon adoption.
ADOPTED this 5th day of June, 2018. Approved as to form and legal sufficiency: Andrew J. Meyers, County Attorney By /s/ Angela J. Wallace 05/24/18
Angela J. Wallace (date) Deputy County Attorney
EXHIBIT A NOTICE OF REFERENDUM ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6, 2018, AND AT SUCH OTHER TIMES AS PROVIDED FOR UNDER APPLICABLE LAW INCLUDING FOR EARLY VOTING PURSUANT TO SECTION 101.657, FLORIDA STATUTES, TO DETERMINE WHETHER TO LEVY A CHARTER COUNTY AND REGIONAL TRANSPORTATION SYSTEM SALES SURTAX AT A RATE OF ONE PERCENT (1%) COMMENCING JANUARY 1, 2019, FOR A PERIOD OF THIRTY (30) YEARS.
A countywide referendum election will be held on Tuesday, November 6, 2018, and at such other times as permitted for voting under Chapter 101, Florida Statutes, for the purpose of determining whether to levy, at a rate of one percent (1%) commencing January 1, 2019, for a period of thirty (30) years, a Charter County and Regional Transportation System Sales Surtax on all transactions taxable pursuant to Section 212.054(2), Florida Statutes (“Ballot Measure”).
As set forth in enabling Resolution No. 2018-269, adopted on June 5, 2018, by the Board of County Commissioners of Broward County, Florida, the title and summary of the Ballot Measure to appear on the referendum election ballot shall be as follows:
FUNDING FOR COUNTYWIDE TRANSPORTATION SYSTEM IMPROVEMENTS THROUGH LEVY OF SURTAX Shall countywide transportation improvements to reduce traffic congestion, improve roads and bridges, enhance traffic signal synchronization, develop safe sidewalks and bicycle pathways, expand and operate bus and special needs transportation, implement rail along approved corridors, and implement emerging transportation technologies, be funded by levying a thirty year, one percent sales surtax, paid by residents and visitors, with the proceeds held in a newly created trust fund and all expenditures overseen by an independent oversight board?
_____ Yes
_____ No
The Broward County Canvassing Board shall canvass the returns and certify the results of the referendum election to the Board of County Commissioners of Broward County, Florida, the Broward County Administrator, and the Florida Department of State, to be recorded and filed in the appropriate public records.