Volusia County Charter Amendment 5: Establish Registry Increasing County Council Voting Requirement for Transfer of Conservation Land
Ballot Language:Shall the Volusia County Charter be amended to establish a conservation land registry to which land may be added or removed by a majority plus one vote of the entire County Council, with heightened notice requirements for removal, which registry will prohibit property from being conveyed unless the County Council determines the land is no longer needed for conservation purposes; and providing exceptions for public purpose and takings by eminent domain?What happens if Amendment 5 passes? Conservation lands owned by Volusia County will receive greater protection than they currently enjoy through the establishment of a conservation land registry and governing rules. Land that is placed into the registry may only be removed from the registry and slated for sale or transfer, upon the vote of a majority plus one of the Council members. Such vote may only be undertaken after public notice has been given at least 30 days prior to the vote, accompanied by a statement of why the land is no longer needed for conservation. By the same majority plus one vote of the Council, Volusia conservation lands may be placed in the registry. This amendment is consistent with protections for state conservation lands in the Florida Constitution Article X, Section 18 and Chapter 259 of Florida Statutes.What happens if Amendment 5 does not pass? There is nothing currently in the Volusia County Home Rule Charter or State law that protects conservation land owned by Volusia County beyond its land use designation in the Comprehensive Plan and any subsequent County Council actions. Florida Statute 125.35 authorizes that the County is permitted to buy and sell land. It states that the board of county commissioners is expressly authorized to sell and convey any real or personal property, and to lease real property, belonging to the county, whenever the board determines that it is in the best interest of the county to do so. In other words, the Volusia County Council may transfer or sell conservation land owned by Volusia County at any time if they find it is in the County’s best interests. Under this statute, a sale or transfer requires only a simple majority vote of the Council members.Supporting Organizations: Halifax Audubon, LWV of Volusia County, Pawpaw Chapter, Fl Native Plant SocietyOpposing Organizations: None Known at this Time
