§ 242-59. Effective date.

(a)

This division is to become law immediately upon its passage and approval by the governor or upon its becoming a law without such approval, and is to become effective immediately after an election is called in recreation district No. 4 wherein the majority of the qualified freeholders participating in said election shall vote in favor of authorizing the assessment of nine-tenths of one mill on all taxable property located within the recreation district and not zoned agricultural lands under general assessment law and on the first 100 acres with the highest assessment rate of units or parcels of taxable property that is zoned agricultural lands under general assessment law and located within the recreation district for the purpose of providing and maintaining recreational facilities and programs in the recreation district.

(b)

Notwithstanding the provisions of subsection (a) or the provisions of any other general or special law of the state, in the event that either the United States Supreme Court or the Florida Supreme Court shall render a decision declaring that section 9, article VII, of the state constitution, which provides that only freeholders not wholly exempt from taxation in any special election must approve the millage to be levied in a special district is in violation of the United States Constitution, then, in such an event, this division shall become effective immediately after an election is called in recreation district No. 4 wherein the majority of the qualified electors residing in the recreation district shall vote in favor of authorizing the assessment of nine-tenths of one mill on all taxable property located within Brevard County recreation district No. 4 and not zoned agricultural lands under general assessment law and on the first 100 acres with the highest assessment rate of units or parcels of taxable property that is zoned agricultural lands under general assessment law and located within the recreation district for the purpose of providing and maintaining recreational facilities and programs in the recreation district.

(c)

The board of county commissioners of Brevard County is given power and authority to call a special election concurrent with or apart from a general election or a special election for the purpose of having this division voted upon by all qualified freeholders residing in the recreation district. The laws pertaining to and governing such general or special election as now provided for in the Florida Statutes and as such laws may be amended from time to time shall govern such election.

(Laws of Fla. ch. 71-544, § 13)