§ 254-73. Referendum; tax authorization.

(a)

The board of county commissioners of Brevard County may by resolution authorize an election to authorize the levy of a tax not to exceed one-half mill on all taxable real and personal property in the district. Said millage levy shall be a special district millage as authorized under article VII, section 9(b) of the Constitution of the state of Florida and shall be approved by vote of the electors who are owners or freeholders therein not wholly exempt from taxation.

(b)

Notwithstanding the provisions of subsection (a) herein 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 or is invalid for any reason, then, in such an event, this article shall become effective immediately after an election is called in the district wherein the majority of the qualified electors residing in said district shall vote in favor of authorizing said levy of a tax not to exceed one-half mill on all taxable real and personal property within the district for district purposes.

(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 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.

(d)

In the event of the approval of such levy at any such election, the amount of millage to be levied by the district board for district purposes shall not exceed one-half mill on all taxable real and personal property within the district.

(Laws of Fla. ch. 70-603, § 13; Laws of Fla. ch. 72-470, § 7)