Senate Bill 1244

CODING: Words stricken are deletions; words underlined are additions.



    Florida Senate - 2000                                  SB 1244

    By Senator Casas





    39-858-00                                           See HB 751

  1                      A bill to be entitled

  2         An act relating to the Florida Sports

  3         Authority; creating the "Florida Sports

  4         Authority Law"; providing a declaration of

  5         policy; providing definitions; creating the

  6         Florida Sports Authority; providing for

  7         appointment of members; providing for powers

  8         and duties; providing for the submission of an

  9         annual budget to the state; providing for the

10         recordation of the budget in minutes; providing

11         for an audit contract; providing for authority

12         projects; providing for revenue application;

13         providing for authority to operate a Florida

14         Sports Hall of Fame; providing for consultation

15         with local officials; authorizing the authority

16         to apply for and obtain a pari-mutuel wagering

17         permit; providing for the distribution of

18         revenues; providing for employees; providing

19         conditions for the relocation of public

20         highways, entry on lands, waters, or premises,

21         and the regulation of public facilities by the

22         authority under certain circumstances;

23         providing for eminent domain; providing for the

24         issuance and terms of bonds or notes; providing

25         for covenants to secure payment; providing for

26         the pledge of revenues, funds, or other

27         property; providing for certain liens;

28         providing limitations on personal liability;

29         providing for the establishment of reserves,

30         funds, or accounts; providing for debt service

31         reserve funds; providing a limitation on the

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    Florida Senate - 2000                                  SB 1244
    39-858-00                                           See HB 751




  1         issuance of bonds; providing for the

  2         accumulation of certain moneys; providing for

  3         the nonliability of the state or its political

  4         subdivisions; providing for the right of the

  5         state to require redemption prior to maturity;

  6         providing for the Sports Authority Fund;

  7         providing for other bonds and notes; providing

  8         for luxury tax revenues; providing for

  9         guarantee by the state not to limit or alter

10         rights or powers vested in the authority;

11         providing for authorization as legal investment

12         or security for public deposits; providing for

13         the lease or conveyance of land by the state or

14         governmental subdivision; providing for tax

15         exemptions for certain projects and property of

16         the authority; providing for an annual report

17         and audit; providing for services by state

18         officers, departments, boards, agencies,

19         divisions, and commissions; providing for

20         public bids on certain contracts; providing for

21         set-aside contract goals; providing for

22         exemptions; providing for the award of certain

23         contracts without public advertisement;

24         providing for work by employees of the

25         authority; providing for the effect of certain

26         inconsistent rules; providing for severability;

27         providing for the construction of the act;

28         providing for legislative findings and

29         declarations; providing for the acquisition,

30         operation, maintenance, repair, reconstruction,

31         and improvement of a pari-mutuel wagering

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    Florida Senate - 2000                                  SB 1244
    39-858-00                                           See HB 751




  1         facility by the authority; providing for a

  2         feasibility study; providing for approval by

  3         the Legislature; providing for the conduct of

  4         pari-mutuel wagering events and pari-mutuel

  5         wagering; providing an effective date.

  6

  7  Be It Enacted by the Legislature of the State of Florida:

  8

  9         Section 1.  Short title.--This act may be cited as the

10  "Florida Sports Authority Law."

11         Section 2.  Declaration of policy.--

12         (1)  The Legislature finds and declares that the

13  general welfare, health, and prosperity of the people of

14  Florida will be promoted by the holding of athletic contests,

15  pari-mutuel wagering events, and other spectator sporting

16  events, and trade shows and other expositions; that it is

17  necessary to provide stadiums and related facilities for

18  pari-mutuel wagering and such spectator sporting events and

19  other events described in this section; and that such events

20  would provide needed recreation, forums, and expositions for

21  the public.

22         (2)  The Legislature further finds and declares that

23  additional facilities are needed in the state to accommodate

24  trade shows and other expositions in order to promote industry

25  and development in the state and to provide a forum for public

26  events.

27         (3)  The Legislature has determined that to provide for

28  the events, including the establishment and operation of

29  necessary facilities for such purposes, a corporate agency of

30  the state shall be created with the necessary powers to

31  accomplish these purposes.

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    Florida Senate - 2000                                  SB 1244
    39-858-00                                           See HB 751




  1         (4)  The Legislature further finds that the authority

  2  and powers conferred under this act and the expenditure of

  3  public moneys pursuant thereto constitutes a valid public

  4  purpose and that the enactment of the provisions of this act

  5  is in the public interest and is declared to be such a matter

  6  of express legislative determination.

  7         Section 3.  Definitions.--As used in this act, the

  8  term:

  9         (1)  "Act" means the Florida Sports Authority Law.

10         (2)  "Authority" means the Florida Sports Authority

11  created by the act.

12         (3)  "Bonds" means bonds issued by the authority

13  pursuant to the act.

14         (4)  "Complex" means the sports and exposition project

15  authorized by the act.

16         (5)  "Notes" means notes issued by the authority.

17         (6)  "Projects" means any project that the authority is

18  authorized to undertake.

19         (7)  "State" means the State of Florida.

20         (8)  "Credit agreement" means loan agreement, revolving

21  credit agreement, agreement establishing a line of credit,

22  letter of credit, reimbursement agreement, interest exchange

23  agreement, insurance contract, surety bond, commitment to

24  purchase bond, purchase or sale agreement, or commitments or

25  other contracts or agreements authorized and approved by the

26  authority in connection with the authorization, issuance,

27  security, or payment of bonds.

28         (9)  "Luxury tax" means the tax levied and collected by

29  the City of Miami, County of Miami-Dade.

30

31

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    Florida Senate - 2000                                  SB 1244
    39-858-00                                           See HB 751




  1         (10)  "Tourism-related tax" means the tax levied and

  2  collected pursuant to any tourism improvement and development

  3  district.

  4         Section 4.  Florida Sports Authority created.--

  5         (1)  There is established in the office of the

  6  Secretary of State a public body corporate and politic, with

  7  corporate succession, to be known as the Florida Sports

  8  Authority. The authority is constituted as an instrumentality

  9  of the state, and the exercise by the authority of the powers

10  conferred by this act is deemed to be an essential

11  governmental function of the state, and the application of

12  revenue derived from the projects of the authority to the

13  purposes provided in this act is deemed to be in support of

14  government.

15         (2)  The authority shall consist of the State

16  Treasurer, the Secretary of State, the President of the

17  Florida Sports Authority, three members appointed by the

18  Governor with the advice and consent of the Senate, three

19  members appointed by the President of the Senate, and three

20  members appointed by the Speaker of the House of

21  Representatives, for terms of 4 years, provided that the

22  members first appointed by the Governor shall serve for terms

23  of 1 year, 2 years, and 3 years, respectively. Each member

24  shall hold office for the term of his or her appointment and

25  until his or her successor has been appointed and qualified. A

26  member shall be eligible for reappointment. Any vacancy in the

27  membership occurring other than by expiration of term shall be

28  filled for the remainder of the unexpired term in the same

29  manner as the original appointment.

30         (3)  Each appointed member may be removed from office

31  by the Governor, for cause, after a public hearing, and may be

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    Florida Senate - 2000                                  SB 1244
    39-858-00                                           See HB 751




  1  suspended by the Governor pending the completion of such

  2  hearing. Each member before entering upon his or her duties

  3  shall take and subscribe an oath to perform the duties of

  4  office faithfully, impartially, and justly to the best of his

  5  or her ability. A record of such oaths shall be filed in the

  6  office of the Secretary of State.

  7         (4)  The chair shall be appointed by the Governor from

  8  the members of the authority and the members shall elect one

  9  of their number as vice chair. The authority shall elect a

10  secretary and a treasurer, who need not be members, and the

11  same person may be elected to serve both as secretary and

12  treasurer. The powers of the authority shall be vested in its

13  members, and seven members shall constitute a quorum at any

14  meeting thereof. Action may be taken and motions and

15  resolutions adopted at any meeting by the affirmative vote of

16  at least seven members. No vacancy in the membership shall

17  impair the right of a quorum of the members to exercise all of

18  the powers and perform all of the duties of the authority.

19         (5)  Each member and the treasurer shall execute a bond

20  to be conditioned upon the faithful performance of the duties

21  of such member or treasurer, in such form and amount as may be

22  prescribed by the Secretary of State. Such bonds shall be

23  filed in the Office of the Secretary of State. At all times

24  thereafter, the members and the treasurer shall maintain such

25  bonds in full force and effect. All costs of such bonds shall

26  be borne by the authority.

27         (6)  The members of the authority shall serve without

28  compensation, but the authority shall reimburse its members

29  for actual expenses necessarily incurred in the discharge of

30  their duties pursuant to section 112.061, Florida Statutes.

31  Notwithstanding the provisions of any other law, no officer or

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    Florida Senate - 2000                                  SB 1244
    39-858-00                                           See HB 751




  1  employee of the state shall forfeit his or her office or

  2  employment, or any benefits or emoluments thereof, by reason

  3  of his or her serving as a member of the authority.

  4         (7)  Each member of the authority may designate an

  5  officer or employee of his or her department or agency to

  6  represent the member at meetings of the authority, and each

  7  such designee may lawfully vote and otherwise act on behalf of

  8  the member by whom he or she has been designated. Any such

  9  designation shall be in writing delivered to the authority and

10  shall continue in effect until revoked or amended by writing

11  delivered to the authority.

12         (8)  The authority may be dissolved by act of the

13  Legislature on condition that the authority has no debts or

14  obligations outstanding or that provision has been made for

15  the payment or retirement of such debts or obligations. Upon

16  such dissolution, all property, funds, and assets of the

17  authority shall be vested in the state.

18         (9)  A true copy of the minutes of each meeting shall

19  be delivered to the Governor by and under the certification of

20  the secretary of the authority. No action taken at any meeting

21  shall have force or effect until 15 days after the copy of the

22  minutes has been so delivered unless, during the 15-day

23  period, the Governor approves the action, which shall become

24  effective at that time. If, during the 15-day period, the

25  Governor returns the minutes with veto of any action taken,

26  the action shall be null and void. The powers conferred upon

27  the Governor by this subsection shall be exercised with due

28  regard for the rights of the holders of bonds and notes of the

29  authority at any time outstanding, and nothing in, or done

30  pursuant to, this subsection shall in any way limit, restrict,

31  or alter the obligation or powers of the authority or any

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    Florida Senate - 2000                                  SB 1244
    39-858-00                                           See HB 751




  1  representative or officer of the authority to carry out and

  2  perform in every detail each covenant, agreement, or contract

  3  at any time made or entered into by or on behalf of the

  4  authority with respect to its bonds or notes or for the

  5  benefit, protection, or security of the holders thereof.

  6         Section 5.  Powers of the authority.--Except as

  7  otherwise limited by the act, the authority shall have power:

  8         (1)  To sue and be sued.

  9         (2)  To have an official seal and alter the same at

10  pleasure.

11         (3)  To make and alter bylaws for its organization and

12  internal management and for the conduct of its affairs and

13  business.

14         (4)  To maintain an office at such place or places

15  within the state as it may determine.

16         (5)  To acquire, hold, use, and dispose of its income,

17  revenues, funds, and moneys.

18         (6)  To acquire, lease as lessee or lessor, rent, hold,

19  use, and dispose of real or personal property for its

20  purposes.

21         (7)  To borrow money and to issue its negotiable bonds

22  or notes and to secure the same by a mortgage on its property

23  or any part thereof, and to enter into any credit agreement,

24  and otherwise to provide for and secure the payment of its

25  bonds and notes and to provide for the rights of the holders

26  thereof.

27         (8)  To make and enter into all contracts, leases, and

28  agreements for the use of occupancy and its projects or any

29  part thereof which are necessary or incidental to the

30  performance of its duties and the exercise of its powers under

31  the act.

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    Florida Senate - 2000                                  SB 1244
    39-858-00                                           See HB 751




  1         (9)  To make surveys, maps, plans for, and estimates of

  2  the cost of its projects.

  3         (10)  To establish, acquire, construct, lease the right

  4  to construct, rehabilitate, repair, improve, own, operate, and

  5  maintain its projects, and let, award, and enter into

  6  construction contracts, purchase orders, and other contracts

  7  with respect thereto in such manner as the authority shall

  8  determine.

  9         (11)  To fix and revise from time to time and charge

10  and collect rents, tolls, fees, and charges for the use,

11  occupancy, or services of its projects or any part thereof or

12  for admission thereto, and for the grant of concessions

13  therein and for things furnished or services rendered by the

14  authority.

15         (12)  To establish and enforce rules for the use or

16  operation of its projects or the conduct of its activities,

17  and provide for the policing and the security of its projects.

18         (13)  To acquire in the name of the authority by

19  purchase or otherwise, on such terms and conditions and in

20  such manner as it may deem proper, or, except with respect to

21  the state, by the exercise of the power of eminent domain, any

22  land and other property which it may determine is reasonably

23  necessary for any of its projects or for the relocation or

24  reconstruction of any highway, and any and all rights, title,

25  and interest in such land and other property, including public

26  lands, reservations, and highways owned by the state or any

27  county, city, town, township, village, public corporation, or

28  other political subdivision of the state, or in which any such

29  entity has any right, title, or interest, or parts thereof or

30  rights therein, and any fee simple absolute or any lessor

31  interest in private property, and any fee simple absolute in

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    Florida Senate - 2000                                  SB 1244
    39-858-00                                           See HB 751




  1  easements upon, or the benefit of restrictions upon, abutting

  2  property, to preserve and protect any project, except that the

  3  authority shall not have the right to exercise the power of

  4  eminent domain in connection with projects that are authorized

  5  by an act of the Legislature or a local government or

  6  municipality.

  7         (14)  To provide through its employees, or by the grant

  8  of one or more concessions, or in part through its employees

  9  and in part by grant of one or more concessions, for the

10  furnishing of services and things for the accommodation of

11  persons admitted to or using its projects or any part thereof.

12         (15)  To hold and conduct pari-mutuel wagering events

13  for stake, purse, or reward and to provide and operate a

14  pari-mutuel system of wagering at such meetings.

15         (16)  To acquire, construct, operate, maintain,

16  improve, and make capital contributions to others and for

17  transportation and other facilities, services, and

18  accommodations for the public's use of its projects, and to

19  lease or otherwise contract for the operation thereof.

20         (17)  Subject to any agreement with bondholders or

21  noteholders, to invest moneys of the authority not required

22  for immediate use, including proceeds from the sale of any

23  bonds or notes, in such obligations, securities, and other

24  investments as the authority deems prudent.

25         (18)  To contract for and accept any gifts or grants or

26  loans of funds or property or financial or other aid in any

27  form from the Federal Government or any agency or

28  instrumentality thereof, or from the state or any agency,

29  instrumentality, or political subdivision thereof, or from any

30  other source, and to comply, subject to the provisions of this

31  act, with the terms and conditions thereof.

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    Florida Senate - 2000                                  SB 1244
    39-858-00                                           See HB 751




  1         (19)  Subject to any agreements with bondholders, to

  2  purchase bonds or notes of the authority out of any funds or

  3  moneys of the authority available therefor, and to hold,

  4  cancel, or resell such bonds or notes.

  5         (20)  To appoint and employ a president, who shall be

  6  the chief executive officer, and such additional officers, who

  7  need not be members of the authority, and accountants,

  8  attorneys, financial advisors or experts, and all such other

  9  or different officers, agents, and employees as it may

10  require, and to determine their qualifications, terms of

11  office, duties, and compensation.

12         (21)  To perform any acts authorized by this act,

13  under, through, or by means of its officers, agents, or

14  employees or by contract with any person, firm, or

15  corporation.

16         (22)  To procure insurance against any losses in

17  connection with its property, operations, or assets, in such

18  amounts and from such insurers as it deems desirable.

19         (23)  To do anything, including, but not limited to,

20  the creation or formation of profit or not-for-profit

21  corporations, necessary or convenient to carry out its

22  purposes and exercise the powers granted by this act.

23         (24)  To determine the location, type, and character of

24  a project or any part thereof and all other matters in

25  connection with all or any part of a project, notwithstanding

26  any land-use plan, zoning regulation, building code, or

27  similar regulation heretofore or hereafter adopted by the

28  state, any municipality, county, public body politic and

29  corporate, or any other political subdivision of the state.

30         Section 6.  Annual operating budget submission to

31  state; recordation in minutes.--

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    Florida Senate - 2000                                  SB 1244
    39-858-00                                           See HB 751




  1         (1)  In accordance with procedures to be established by

  2  the State Treasurer and the authority, the proposed annual

  3  operating budget of the authority and the capital budgets for

  4  all projects of the authority, and any amendments thereto,

  5  shall be submitted to the State Treasurer and the Legislature

  6  prior to submission to the members of the authority so as to

  7  provide the State Treasurer, the Budget Committee of the

  8  Senate, and the Fiscal Responsibility Council of the House of

  9  Representatives adequate time to provide comments with respect

10  thereto.

11         (2)  The annual operating budget of the authority and

12  the capital budgets for all projects of the authority and any

13  amendments thereto shall be adopted as part of, and recorded

14  in the full text of, the minutes of the authority.

15         Section 7.  Audit contract.--The State Treasurer, in

16  consultation with the Florida Sports Authority, shall enter

17  into a contract with a person qualified to conduct an

18  independent operations and financial audit of the authority

19  and may prescribe any supporting documentation to be provided

20  under the terms of the contract. The contract shall require

21  that recommendations be made regarding a reasonable operations

22  and maintenance budget. Copies of the audit shall be submitted

23  to the authority, the State Treasurer, the Budget Committee of

24  the Senate, and the Fiscal Responsibility Council of the House

25  of Representatives.

26         Section 8.  Authority projects.--

27         (1)  The authority is authorized, either alone or in

28  conjunction with others, to perform the following functions,

29  provided that, with respect to any function performed in

30  conjunction with others, the authority shall have sufficient

31  right and power to carry out the following public purposes:

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    Florida Senate - 2000                                  SB 1244
    39-858-00                                           See HB 751




  1         (a)  To establish, develop, construct, operate,

  2  acquire, own, manage, promote, maintain, repair, reconstruct,

  3  restore, improve, and otherwise effectuate, either directly or

  4  indirectly through lessees, licensees, or agents, a project

  5  upon a site to be determined consisting of one or more

  6  stadiums, coliseums, arenas, pavilions, stands, field houses,

  7  playing fields, recreation centers, courts, gymnasiums,

  8  clubhouses, a facility for the conduct of pari-mutuel

  9  wagering, and other buildings, structures, facilities,

10  properties, and appurtenances related to, incidental to,

11  necessary for, or complementary to a complex suitable for the

12  holding of athletic contests or other sporting events, or

13  trade shows, exhibitions, spectacles, public meetings,

14  entertainment events, or other expositions, including, but not

15  limited to, driveways, roads, approaches, parking areas,

16  parks, recreation areas, lodging facilities, vending

17  facilities, restaurants, transportation structures, systems,

18  and facilities, and equipment, furnishings, and all other

19  structures and appurtenant facilities, related to, incidental

20  to, necessary for, or complementary to the purposes of that

21  project or any facility thereof.

22         (b)  To establish, develop, construct, acquire, lease

23  or own, operate, manage, promote, maintain, repair,

24  reconstruct, restore, improve, and otherwise effectuate,

25  either directly or indirectly through lessees, licensees, or

26  agents, a project, at a site within the state, consisting of

27  baseball stadiums for the conduct of major league or minor

28  league baseball and other buildings, structures, facilities,

29  properties, and appurtenances related thereto, or incidental

30  to, necessary for, or complementary to a complex suitable for

31  the holding of professional baseball games and other athletic

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    Florida Senate - 2000                                  SB 1244
    39-858-00                                           See HB 751




  1  contests or sporting events, or trade shows, exhibitions,

  2  spectacles, public meetings, entertainment events, or other

  3  expositions, such projects to include driveways, roads,

  4  approaches, parking areas, parks, recreation areas, vending

  5  facilities, restaurants, transportation structures, systems,

  6  and facilities, and equipment, furnishings, and all other

  7  structures and appurtenant facilities related to, incidental

  8  to, necessary for, or complementary to the purposes of the

  9  project or any facility thereof.

10         (c)  To establish, develop, construct, acquire, own,

11  operate, manage, promote, maintain, repair, reconstruct,

12  restore, improve, and otherwise effectuate, either directly or

13  indirectly through lessees, licensees, or agents, a project

14  consisting of an exposition or entertainment center or hotel

15  or office complex, including any buildings, structures,

16  properties, and appurtenances related thereto, incidental

17  thereto, necessary therefor, or complementary thereto, such

18  project to include driveways, roads, approaches, parking

19  areas, parks, recreation areas, vending facilities,

20  restaurants, transportation structures, systems, and

21  equipment, furnishings, and all other structures and

22  appurtenances related to, incidental to, necessary for, or

23  complementary to the purposes of the project. A project

24  authorized under this subsection may be located within,

25  immediately contiguous to, or immediately across any public

26  road that borders the site of any other project of the

27  authority.

28         (d)  To establish, develop, construct, acquire, own,

29  operate, manage, promote, maintain, repair, reconstruct,

30  restore, improve, and otherwise effectuate, either directly or

31  indirectly through lessees, licensees, or agents, projects

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    Florida Senate - 2000                                  SB 1244
    39-858-00                                           See HB 751




  1  consisting of pari-mutuel wagering facilities located within

  2  the state, their contiguous properties, and their auxiliary

  3  facilities, including, without limitation, pavilions, stands,

  4  field houses, clubhouses, training tracks, meeting,

  5  fairgrounds, and other exposition facilities, and other

  6  buildings, structures, facilities, properties, and

  7  appurtenances related to, incidental to, necessary for, or

  8  complementary to a complex suitable for the holding of such

  9  event, other sporting events, or trade shows, exhibitions,

10  spectacles, public meetings, entertainment events, or other

11  expositions, including, but not limited to, driveways, roads,

12  approaches, parking areas, parks, recreation areas, lodging

13  facilities, vending facilities, restaurants, transportation

14  structures, systems, and facilities, equipment, furnishings,

15  and all other structures and appurtenant facilities related

16  to, incidental to, necessary for, or complementary to the

17  purposes of any of those projects or any facility thereof.

18         (e)  Notwithstanding any law to the contrary, to

19  acquire any existing pari-mutuel wagering facility in and

20  licensed by the state on the condition that payments

21  equivalent to all city-county taxes due to each entity shall

22  be paid by the authority to the extent and in accordance with

23  the same payment schedule as taxes would have been paid each

24  year, as though the facility remained in private ownership. In

25  the event the authority conveys lands or other parts of any

26  facility to others, the authority shall receive a reduction of

27  such payments commensurate with the amount required to be paid

28  by the subsequent owner of the lands and improvements disposed

29  of by the authority. In addition, the authority shall be

30  responsible for paying all existing local franchise fees,

31

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    Florida Senate - 2000                                  SB 1244
    39-858-00                                           See HB 751




  1  license fees, and parking tax fees in effect at the time of

  2  the acquisition.

  3         (f)  To establish, develop, acquire, own, operate,

  4  manage, promote, and otherwise effectuate, in whole or in

  5  part, either directly or indirectly through lessees,

  6  licensees, or agents, projects consisting of events,

  7  expositions, teams, team franchises, or membership in

  8  professional sports leagues.

  9         (g)  To establish, develop, construct, acquire, own,

10  operate, manage, promote, maintain, repair, reconstruct,

11  restore, improve, and otherwise effectuate, either directly or

12  indirectly through lessees, licensees, or agents, projects

13  consisting of facilities, at a site or sites within the state

14  which are related to, incidental to, necessary for, or

15  complementary to the accomplishment or purpose of any project

16  of the authority authorized by this section, including any

17  buildings, structures, properties, and appurtenances related

18  thereto, incidental thereto, necessary therefor, or

19  complementary thereto, such projects to include driveways,

20  roads, approaches, parking areas, parks, recreation areas,

21  vending facilities, restaurants, transportation structures,

22  systems, and equipment, furnishings, and all other structures

23  and appurtenances related to, incidental to, necessary for, or

24  complementary to the purposes of those projects.

25         (h)  To establish, develop, acquire, construct,

26  reconstruct, improve, and otherwise effectuate for transfer

27  to, and for use and operation by, the State University System,

28  either directly or indirectly through lessees, licensees, or

29  agents, facilities located or to be located on property owned,

30  leased, or otherwise used by the State University System,

31  consisting of upgraded and expanded football stadiums and new

                                  16

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    Florida Senate - 2000                                  SB 1244
    39-858-00                                           See HB 751




  1  track and field, soccer, and lacrosse facilities and the

  2  buildings, structures, properties, and appurtenances related

  3  thereto, or incidental to, necessary for, or complementary to

  4  the football stadiums and track and field, soccer, and

  5  lacrosse facilities, such facilities to include driveways,

  6  access roads, approaches, parking areas, parks, recreation

  7  areas, vending facilities, restaurants, transportation

  8  structures, systems, and equipment, furnishings, and all other

  9  structures and appurtenances related or incidental to,

10  necessary for, or complementary to the purposes of those

11  facilities.

12         (i)  To acquire by purchase, lease, or otherwise, and

13  to develop, construct, operate, own, lease, manage, repair,

14  reconstruct, restore, improve, enlarge, or otherwise

15  effectuate, either directly or through lessees, licensees, or

16  agents, a convention center project consisting of any existing

17  convention halls and any new convention halls or centers and

18  associated parking areas and railroad terminal facilities and

19  including the leasing of adjacent land for hotel facilities.

20  In connection therewith, the authority is authorized to:

21         1.  Assume existing leasehold or other contractual

22  obligations pertaining to any such facilities or properties or

23  to make provision for the payment or retirement of any debts

24  and obligations of the governmental entity operating any such

25  convention hall or center or of any bonds or other obligations

26  payable from and secured by a lien on or pledge of the luxury

27  tax revenues.

28         2.  Make loans or payments in aid of construction with

29  respect to infrastructure and site development for properties

30  located in the area between the sites of an existing

31

                                  17

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    Florida Senate - 2000                                  SB 1244
    39-858-00                                           See HB 751




  1  convention hall and a new convention center or located

  2  contiguous to or across any public road that borders the area.

  3         (j)  To provide funding to public institutions of

  4  higher education in the state to establish, develop, acquire,

  5  construct, reconstruct, or improve facilities located or to be

  6  located on property owned, leased, or otherwise used by an

  7  institution, consisting of sports facilities and the

  8  buildings, structures, properties, and appurtenances related

  9  thereto, or incidental to, necessary for, or complementary to

10  those sports facilities, such facilities to include driveways,

11  access roads, approaches, parking areas, parks, recreation

12  areas, vending facilities, restaurants, transportation

13  structures, systems, and equipment, furnishings, and all other

14  structures and appurtenances related or incidental to,

15  necessary for, or complementary to the purposes of those

16  facilities.

17         (2)  The authority is further authorized to:

18         (a)  Make, as part of any of the projects, capital

19  contributions to others for transportation and other

20  facilities, and accommodations for the public's use of any of

21  those projects.

22         (b)  Lease any part of any of those project sites not

23  occupied or to be occupied by the facilities of any of those

24  projects, for purposes determined by the authority to be

25  consistent with or related to the purposes of those projects,

26  including, but not limited to, hotels and other accommodations

27  for transients and other facilities related to or incidental

28  to any of those projects.

29         (c)  Sell or dispose of any real or personal property,

30  including, but not limited to, such portion of the site of any

31  of those projects, not occupied or to be occupied by the

                                  18

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    Florida Senate - 2000                                  SB 1244
    39-858-00                                           See HB 751




  1  facilities of any of those projects, at not less than the fair

  2  market value of the property, except in the case of sale or

  3  disposition to the state, any political subdivision of the

  4  state, or any agency or instrumentality of the state.

  5         Section 9.  Revenue application.--Revenues, moneys, or

  6  other funds, if any, derived from the operation or ownership

  7  of any facility, including the conduct of pari-mutuel wagering

  8  events, shall be applied, in accordance with the resolution or

  9  resolutions authorizing or relating to the issuance of bonds

10  or notes of the authority, to the following purposes and in

11  the following order:

12         (1)  The costs of operation and maintenance of any

13  complex or facility and reserves therefor.

14         (2)  Principal, sinking fund installments, and

15  redemption premiums of and interest on any bonds or notes of

16  the authority payable from such revenues, moneys, or other

17  funds and issued for the purposes of such complex or facility

18  or for the purposes of refunding the same, including reserves

19  and payments with respect to credit agreements therefor.

20         (3)  The cost of any major or extraordinary repairs,

21  renewals, or replacements with respect to any complex or

22  incidental improvements thereto, not paid pursuant to

23  subsection (1), including reserves therefor.

24         (4)  Except to the extent payments with respect to

25  bonds or notes are provided with priority in accordance with

26  subsection (2), payments made in accordance with the

27  resolution authorizing or relating to the issuance of bonds or

28  notes of the authority, for the purposes of any project

29  authorized by this act.

30         (5)  Payments required to repay any obligation incurred

31  by the authority to the state.

                                  19

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    Florida Senate - 2000                                  SB 1244
    39-858-00                                           See HB 751




  1         (6)  The balance remaining after application in

  2  accordance with subsections (1) through (5) shall be deposited

  3  in the General Revenue Fund, provided that there shall be

  4  appropriated from the amount so deposited an amount calculated

  5  by the State Treasurer to be the debt service savings realized

  6  with respect to the refinancing of any project as defined in

  7  section 3 by the issuance of bonds of the authority guaranteed

  8  by the state.

  9         (7)  Any revenues, moneys, or other funds derived from

10  the operation or ownership of any project other than a

11  baseball stadium or an office complex located on the site of a

12  baseball stadium shall be applied for such purposes, in such

13  manner, and subject to such conditions as provided by the

14  resolution authorizing or relating to the issuance of bonds or

15  notes of the authority for such project, and any balance

16  remaining after such application may be applied, to the extent

17  not contrary to or inconsistent with the resolution, in the

18  following order:

19         (a)  To the purposes agreed upon by the State Treasurer

20  and the authority.

21         (b)  To any other project of the authority.

22

23  Any balance remaining shall be deposited in the General

24  Revenue Fund.

25         (8)  Any revenues, moneys, or other funds derived from

26  the operation, ownership, or leasing of a baseball stadium or

27  an office complex located on the site of a baseball stadium

28  shall be applied for the purposes, in the manner, and subject

29  to the conditions as provided in the resolution authorizing or

30  relating to the issuance of bonds or notes of the authority

31  for such baseball stadium or office complex located on the

                                  20

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    Florida Senate - 2000                                  SB 1244
    39-858-00                                           See HB 751




  1  site of the baseball stadium, and the balance remaining after

  2  such application shall be applied, to the extent not contrary

  3  to or inconsistent with the resolution, to the following

  4  purposes in the following order:

  5         (a)  The costs of operation and maintenance of a

  6  baseball stadium and an office complex located on the site of

  7  the baseball stadium, and reserves therefor.

  8         (b)  Payments made on the bonded indebtedness incurred

  9  by the authority for a baseball stadium or an office complex

10  located on the site of a baseball stadium.

11

12  Any balance remaining shall be deposited in the General

13  Revenue Fund.

14         Section 10.  Florida Sports Hall of Fame.--The Florida

15  Sports Authority is authorized to operate a Florida Sports

16  Hall of Fame, and the authority may exercise all the rights

17  and powers granted to the authority under any other law and

18  made applicable to the Florida Sports Hall of Fame as though

19  the rights and powers were granted under this act.

20         Section 11.  Consultation with local

21  officials.--Notwithstanding any provision herein or any law,

22  rule, or regulation to the contrary, any project authorized

23  herein or acquired by the authority shall be developed only

24  after consultation with local officials and after giving

25  consideration to local objections, problems, and suggestions

26  in order to minimize conflict with the master plan, zoning

27  ordinances, and other development regulations of the

28  municipality or municipalities in which the project is to be

29  situated.

30         Section 12.  Pari-mutuel wagering permit.--

31

                                  21

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    Florida Senate - 2000                                  SB 1244
    39-858-00                                           See HB 751




  1         (1)  The authority is hereby authorized, licensed, and

  2  empowered to apply to the Department of Business and

  3  Professional Regulation for a permit or permits to conduct, at

  4  any of the projects authorized herein, pari-mutuel wagering

  5  events for stake, purse, or reward, and to provide a place or

  6  places on the meeting grounds or enclosure for wagering by

  7  patrons on the results of such events by the pari-mutuel

  8  system, and to receive charges and collect all revenues,

  9  receipts, and other moneys from the ownership and operation

10  thereof, provided that only the authority through its

11  employees may conduct such pari-mutuel wagering events and

12  wagering, and the authority is expressly prohibited from

13  placing in the control of any other person, firm, or

14  corporation the conduct of such pari-mutuel wagering events or

15  wagering.

16         (2)  Except as otherwise provided in this section, such

17  pari-mutuel wagering events and pari-mutuel wagering shall be

18  conducted by the authority in compliance with the provisions

19  of chapter 550, Florida Statutes, and the rules and conditions

20  prescribed by the Department of Business and Professional

21  Regulation for the conduct of pari-mutuel wagering events and

22  for pari-mutuel wagering.

23         (3)  Applications for permits shall be on forms

24  prescribed by the Department of Business and Professional

25  Regulation. The Department of Business and Professional

26  Regulation shall review and act on any application within 30

27  days after its filing and is authorized in its sole discretion

28  to determine whether a permit is granted to the authority. If,

29  after review, the Department of Business and Professional

30  Regulation acts favorably on an application, a permit shall be

31  granted to the authority without further approval and shall

                                  22

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    Florida Senate - 2000                                  SB 1244
    39-858-00                                           See HB 751




  1  remain in force and effect so long as any bonds or notes of

  2  the authority remain outstanding, the provisions of any other

  3  law to the contrary notwithstanding. In granting a permit to

  4  the authority to conduct a pari-mutuel wagering event, the

  5  Department of Business and Professional Regulation shall not

  6  be limited as to the number of pari-mutuel wagering facilities

  7  it may authorize for the conduct of pari-mutuel wagering

  8  events, and the permit shall specify the dates allotted to the

  9  authority for its initial pari-mutuel wagering events.

10  Thereafter, application by the authority for dates for

11  pari-mutuel wagering events and the allotment thereof by the

12  Department of Business and Professional Regulation, including

13  renewal of dates theretofore allotted, shall be governed by

14  the applicable provisions of law. Notwithstanding the

15  provisions of any other law to the contrary, the Department of

16  Business and Professional Regulation shall allot annually to

17  the authority running racing, not less than 50 thoroughbred or

18  standardbred racing days, 100 greyhound performances, and 100

19  jai alai performances.

20         (4)  No hearing, referendum, or other election or

21  proceeding, and no payment, surety, or cash bond or other

22  deposit, shall be required for the authority to conduct the

23  pari-mutuel wagering events with pari-mutuel wagering herein

24  authorized.

25         (5)  The authority shall determine the amount of the

26  admission fee for the events and all matters relating to the

27  collection thereof.

28         Section 13.  Distribution of revenues.--

29         (1)  Distribution of the moneys deposited in

30  pari-mutuel pools to winners thereof shall be in accordance

31

                                  23

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    Florida Senate - 2000                                  SB 1244
    39-858-00                                           See HB 751




  1  with the provisions of law as provided for in chapter 550,

  2  Florida Statutes.

  3         (2)  No admission or amusement tax, excise tax,

  4  license, or pari-mutuel fee of any kind shall be assessed or

  5  collected from the authority by the state, or by any county or

  6  municipality, or by any other body having power to assess or

  7  collect license fees or taxes.

  8         (3)  Any pari-mutuel wagering event and the pari-mutuel

  9  system of wagering upon which the results thereof are based

10  shall not, if conducted as provided in the act and in

11  conformity thereto, be held or construed to be unlawful, any

12  other provision of law to the contrary notwithstanding.

13         Section 14.  Employees.--Each employee of the authority

14  engaged in conducting pari-mutuel wagering events shall obtain

15  the appropriate license from the Department of Business and

16  Professional Regulation, subject to the terms and conditions

17  imposed on similar employees of other permitholders. The

18  Department of Business and Professional Regulation, after a

19  hearing, may suspend any member of the authority upon approval

20  of the Governor and may suspend the license of any employee of

21  the authority for any violation of law regulating pari-mutuel

22  wagering or any rule of the Department of Business and

23  Professional Regulation. Such hearing shall be held and

24  conducted in the manner provided by law.

25         Section 15.  Relocation of public highways; entry on

26  lands, waters, or premises; regulation of public utility

27  facilities.--

28         (1)  If the authority finds it necessary in connection

29  with undertaking any of its projects to change the location of

30  any portion of a public highway or road, it may contract with

31  any governmental agency or public or private corporation that

                                  24

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    Florida Senate - 2000                                  SB 1244
    39-858-00                                           See HB 751




  1  may have jurisdiction over the public highway or road to cause

  2  the public highway or road to be constructed at a location the

  3  authority deems most favorable. The cost of such

  4  reconstruction and any damage incurred in changing the

  5  location of any such highway shall be ascertained and paid by

  6  the authority as a part of the cost of any project. Any public

  7  highway affected by the construction of a project may be

  8  vacated or relocated by the authority in the manner now

  9  provided by law for the vacation or relocation of public

10  roads, and any damages awarded on account thereof shall be

11  paid by the authority as part of the cost of the project. In

12  all undertakings authorized by this subsection, the authority

13  shall consult with and obtain the approval of the Department

14  of Transportation.

15         (2)  The authority and its authorized agents and

16  employees may enter upon any lands, waters, and premises for

17  the purpose of making surveys, soundings, drillings, and

18  examinations it deems necessary or convenient for the purposes

19  of this act, all in accordance with due process of law, and

20  such entry shall not be deemed a trespass, nor shall an entry

21  for such purpose be deemed an entry under any condemnation

22  proceedings that may be then pending. The authority shall make

23  reimbursement for any actual damages resulting to such lands,

24  waters, and premises as a result of such activities.

25         (3)  The authority is authorized to regulate the

26  installation, construction, maintenance, repair, renewal,

27  relocation, and removal of tracks, pipes, mains, conduits,

28  cables, wires, towers, poles, and other equipment and

29  appliances, hereinafter referred to as "public utility

30  facilities," of any public utility in, on, along, over, or

31  under a project. Should the authority determine it necessary

                                  25

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    Florida Senate - 2000                                  SB 1244
    39-858-00                                           See HB 751




  1  for any public utility facility now or hereafter located in,

  2  on, along, over, or under a project to be relocated or

  3  removed, the public utility owning or operating such facility

  4  shall relocate or remove the facility in accordance with order

  5  of the authority; however, the cost and expenses of such

  6  relocation or removal, including the cost of installing such

  7  facility in a new location, and the cost of any lands, or any

  8  rights or interest in lands, and any other rights acquired to

  9  accomplish such relocation or removal shall be ascertained and

10  paid by the authority as a part of the cost of any project. In

11  the event of the relocation or removal of a facility, the

12  public utility owning or operating the facility, or its

13  successors or assigns, may maintain and operate such facility,

14  with the necessary appurtenances, in the new location for as

15  long as and upon the terms and conditions with which it had

16  the right to maintain and operate such facility in its former

17  location. In all undertakings authorized by this subsection,

18  the authority shall consult with and obtain the approval of

19  the Public Service Commission.

20         Section 16.  Eminent domain.--

21         (1)  Upon the exercise of the power of eminent domain,

22  the compensation to be paid thereunder shall be ascertained

23  and paid in the manner provided by law insofar as the

24  provisions thereof are applicable and not inconsistent with

25  the provisions of this act. The authority may join in separate

26  subdivisions in one petition or complaint the descriptions of

27  any number of tracts or parcels of land or property to be

28  condemned and the names of any number of owners and other

29  parties who may have an interest therein, and all such land or

30  property included in said petition or complaint may be

31  condemned in a single proceeding, provided that each of said

                                  26

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    Florida Senate - 2000                                  SB 1244
    39-858-00                                           See HB 751




  1  tracts or parcels of land or property lies wholly in or has a

  2  substantial part of its value lying wholly within the same

  3  county.

  4         (2)  Upon filing such a petition or complaint or at any

  5  time thereafter, the authority may file with the clerk of the

  6  county in which such property is located and with the clerk of

  7  the circuit court a declaration of taking, signed by the

  8  authority, declaring that possession of one or more of the

  9  tracts or parcels of land or property described in the

10  petition or complaint is thereby being taken by and for the

11  use of the authority. The declaration of taking shall be

12  sufficient if it sets forth a description of each tract or

13  parcel of land or property sufficient for the identification

14  thereof, to which there shall be attached a plan or map

15  thereof; a statement of the estate or interest in the land or

16  property being taken; a statement of the amount of moneys

17  estimated by the authority by resolution to be just

18  compensation for the taking of the estate or interest in each

19  tract or parcel of land or property; and that, in compliance

20  with the provisions of the act, the authority has established

21  and is maintaining a trust fund as provided in subsection (3).

22         (3)  Upon filing of the declaration, the authority

23  shall deposit with the clerk of the circuit court the amount

24  of the estimated compensation stated in the declaration. In

25  addition to the deposit with the clerk of the circuit court,

26  the authority shall maintain a special trust fund on deposit

27  with a bank or trust company doing business in the state in an

28  account not less than twice the aggregate amount deposited

29  with the clerk of the circuit court as estimated compensation

30  for all property described in declarations of taking with

31  respect to which the compensation has not been finally

                                  27

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    Florida Senate - 2000                                  SB 1244
    39-858-00                                           See HB 751




  1  determined and paid to the persons entitled thereto, or into

  2  the registry of the court. The trust fund shall consist of

  3  cash or securities readily convertible into cash constituting

  4  legal investment for trust funds under the laws of the state.

  5  Said trust fund shall be held solely for security and may be

  6  applied to the payment of just compensation for the land or

  7  other property described in the declarations of taking. The

  8  authority shall be entitled to withdraw from said trust fund

  9  from time to time as much as may then be in excess of twice

10  the aggregate of the amount deposited with the clerk of the

11  circuit court as estimated compensation for all property

12  described in declarations of taking with respect to which the

13  compensation has not been finally determined and paid to the

14  persons entitled thereto, or into the registry of the court.

15         (4)  Upon filing the declaration as prescribed by

16  subsection (2) and depositing with the clerk of the circuit

17  court the amount of the estimated compensation specified in

18  the declaration, the authority without other process or

19  proceedings shall be entitled to the exclusive possession and

20  use of each tract of land or property described in the

21  declaration and may forthwith enter into and take possession

22  of said land or property, it being the intent of this

23  provision that the proceedings for compensation or any other

24  proceedings relating to the taking of said land or interest

25  therein or other property shall not delay the taking of

26  possession thereof and the use thereof by the authority for

27  the purpose or purposes for which the authority is authorized

28  by law to acquire or condemn such land or other property or

29  interest therein.

30         (5)  The authority shall cause notice of the filing of

31  the declaration and the making of the deposit to be served

                                  28

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    Florida Senate - 2000                                  SB 1244
    39-858-00                                           See HB 751




  1  upon each party in interest named in the petition residing in

  2  the state, either personally or by leaving a copy thereof at

  3  his or her residence, if known, and upon each party in

  4  interest residing outside of the state by mailing a copy

  5  thereof to the party at his or her residence, if known. In the

  6  event that the residence of a party or the name of a party is

  7  unknown, the notice shall be published at least once in a

  8  newspaper published or circulating in the county or counties

  9  in which the land is located. Such service, mailing, or

10  publication shall be made within 10 days after filing the

11  declaration. Upon the application of any party in interest and

12  after notice to other parties in interest, including the

13  authority, any judge of the circuit court assigned to sit for

14  said county may order that the moneys deposited with the clerk

15  of the circuit court or any part thereof be paid forthwith to

16  the person or persons entitled thereto for or on account of

17  the just compensation to be awarded in said proceeding,

18  provided that such person has filed with the clerk of the

19  circuit court a consent in writing that, in the event the

20  award in the condemnation proceeding is less than the amount

21  deposited, the court, after notice as herein provided and

22  hearing, may determine the person's liability, if any, for the

23  return of the difference or any part thereof and enter

24  judgment therefor. If the amount of the award as finally

25  determined exceeds the amount deposited, the person or persons

26  to whom the award is payable shall be entitled to recover from

27  the authority the difference between the amount of the deposit

28  and the amount of the award, with interest at the then-legal

29  rate from the date of making the deposit. If the amount of the

30  award is less than the amount so deposited, the clerk of the

31  circuit court shall return the difference between the amount

                                  29

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    Florida Senate - 2000                                  SB 1244
    39-858-00                                           See HB 751




  1  of the award and the amount of the deposit to the authority

  2  unless the amount of the deposit or any part thereof has

  3  theretofore been distributed, in which event the court, on

  4  petition of the authority and notice to all persons interested

  5  in the award and affording them an opportunity to be heard,

  6  shall enter judgment in favor of the authority for such

  7  difference against the party or parties liable for the return

  8  thereof. The authority shall cause notice of the date fixed

  9  for such hearing to be served upon each party thereto residing

10  in the state either personally or by leaving a copy thereof at

11  his or her residence, if known, and upon each party residing

12  outside of the state by mailing a copy to the party at his or

13  her residence, if known. In the event that the residence of a

14  party or the name of a party is unknown, the notice shall be

15  published at least once in a newspaper published or

16  circulating in the county or counties in which the land is

17  located. Such service, mailing, or publication shall be made

18  at least 10 days before the date fixed for such hearing.

19

20  Whenever any amount of an award is paid into the registry of

21  the court, payment may be made into the registry of the

22  circuit court and may be distributed according to law. The

23  authority shall not abandon any condemnation proceeding

24  subsequent to the date upon which it has taken possession of

25  the land or property as provided in this section.

26         Section 17.  Bonds or notes; issuance; terms.--

27         (1)  The authority shall have the power and is

28  authorized to issue from time to time its bonds or notes in

29  such principal amounts as in the opinion of the authority are

30  necessary to provide sufficient funds for any of its corporate

31  purposes, including the payment, funding, or refunding of the

                                  30

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    Florida Senate - 2000                                  SB 1244
    39-858-00                                           See HB 751




  1  principal of, or interest or redemption premiums on, any bonds

  2  or notes issued by it, whether the bonds, notes, or interest

  3  to be funded or refunded have or have not become due; the

  4  establishment or increase of such reserves to secure or pay

  5  such bonds, notes, or interest thereon; and all other costs or

  6  expenses of the agency incident to and necessary to carry out

  7  its corporate purposes and powers.

  8         (2)  Except as otherwise expressly provided in this act

  9  or by the authority, every issue of bonds or notes shall be

10  general obligations payable out of any revenues or funds of

11  the authority, subject only to any agreements with the holders

12  of particular bonds or notes pledging any particular revenues

13  or funds. The authority may issue such types of bonds or notes

14  as it may determine, including, without limiting the

15  generality of the foregoing, bonds or notes as to which the

16  principal and interest are payable exclusively from the

17  revenues and receipts of the part of a project financed with

18  the proceeds of such bonds or notes; exclusively from the

19  revenue and receipts of certain designated parts of a project,

20  whether or not the same are financed in whole or in part from

21  the proceeds of such bonds or notes; or from its revenues and

22  receipts generally. Any such bonds or notes may be

23  additionally secured by a pledge of any grant, subsidy, or

24  contribution from the Federal Government or any agency or

25  instrumentality thereof, or the state or any agency,

26  instrumentality, or political subdivision thereof, or any

27  person, firm, or corporation, a pledge of any income or

28  revenues, funds, or moneys of the authority from any source

29  whatsoever or from the proceeds of any credit agreement.

30         (3)  Whether or not the bonds and notes are of such

31  form and character as to be negotiable instruments under the

                                  31

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    Florida Senate - 2000                                  SB 1244
    39-858-00                                           See HB 751




  1  terms of state law, the bonds and notes are hereby made

  2  negotiable instruments within the meaning of and for all the

  3  purposes of such law, subject only to the provisions of the

  4  bonds and notes for registration.

  5         (4)  Bonds or notes of the authority shall be

  6  authorized by resolution or resolutions of the authority and

  7  may be issued in one or more series and shall bear such date,

  8  or dates, mature at such time or times, bear interest at such

  9  rate or rates of interest per annum which may be fixed or may

10  change at such time and in accordance with a specified formula

11  or method of determination, be in such denomination or

12  denominations, be in such form, either coupon or registered,

13  carry such conversion or registration privileges, have such

14  rank or priority, be executed in such manner, be payable from

15  such sources in such medium of payment of such place or places

16  in or outside of the state, be subject to such terms of

17  redemption, with or without premium, and contain such options

18  or rights to tender bonds or notes for purchase or redemption

19  as such resolution or resolutions may provide.

20         (5)  Bonds or notes of the authority may be sold at

21  public or private sale at such price or prices and in such

22  manner as the authority determines. Except for any bonds of

23  the authority, which may hereafter be guaranteed by the state

24  within the limitations of the State Constitution, every bond

25  shall mature and be paid not later than 40 years from the date

26  thereof.

27         (6)  Except as otherwise provided by any law

28  authorizing the guaranty of the state, and except for bonds of

29  the authority hereafter submitted to the people and approved

30  by a majority of the legally qualified voters of the state

31  voting thereon, bonds and notes of the authority issued under

                                  32

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    Florida Senate - 2000                                  SB 1244
    39-858-00                                           See HB 751




  1  the provisions of this act shall not be in any way a debt or

  2  liability of the state or of any political subdivision thereof

  3  other than the authority and shall not create or constitute

  4  any indebtedness, liability, or obligation of the state or of

  5  any such political subdivision, but all such bonds and notes,

  6  unless funded or refunded by bonds or notes of the authority,

  7  shall be payable solely from revenues or funds pledged or

  8  available for their payment as authorized in this act. Except

  9  for bonds of the authority which may hereafter be guaranteed

10  by the state, each bond and note shall contain on its face a

11  statement to the effect that the authority, and not the state

12  or any political subdivision thereof, is obligated to pay such

13  principal or interest and that neither the faith and credit

14  nor the taxing power of the state or any political subdivision

15  thereof is pledged to the payment of the principal of or the

16  interest on such bonds or notes.

17         (7)  All expenses incurred in carrying out the

18  provisions of this act shall be payable solely from revenues

19  or funds provided or to be provided under the provisions of

20  the act and nothing in the act shall be construed to authorize

21  the authority to incur any indebtedness or liability on behalf

22  of or payable by the state or any political subdivision

23  thereof except as otherwise provided by any law authorizing

24  the guaranty of the state of any bonds of the authority

25  hereafter submitted to the people and approved by a majority

26  of the legally qualified voters of the state voting thereon.

27         (8)  The authority shall have the power to purchase

28  bonds or notes out of any funds available therefor. The

29  authority may hold, cancel, or resell such bonds or notes

30  subject to and in accordance with agreements with holders of

31  its bonds and notes.

                                  33

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    Florida Senate - 2000                                  SB 1244
    39-858-00                                           See HB 751




  1         (9)  The authority, in connection with the

  2  authorization of bonds or notes to be issued and sold from

  3  time to time, may delegate to such officer or agent of the

  4  authority as the authority selects the power to determine the

  5  time and manner of sale, public or private, the maturities,

  6  and the rate of interest which may be fixed or vary at such

  7  time and in accordance with a specified formula or method of

  8  determination; however, the amounts and maturities of and the

  9  interest rate on these bonds shall be within the limits

10  prescribed by the authority in its resolution delegating to

11  that officer or agent the power to authorize the sale and

12  issuance of those bonds or notes.

13         Section 18.  Covenants to secure payment.--In any

14  resolution of the authority authorizing or relating to the

15  issuance of any bonds or notes, the authority, in order to

16  secure the payment of such bonds or notes, and in addition to

17  its other powers, shall have power by provisions therein which

18  shall constitute covenants by the authority and contracts with

19  the holders of such bonds or notes:

20         (1)  To pledge all or any part of its rents, fees,

21  tolls, revenues, or receipts to which its right then exists or

22  may thereafter come into existence, and the moneys derived

23  therefrom, and the proceeds of any bonds or notes.

24         (2)  To pledge any lease or other agreement or the

25  rents or other revenues thereunder and the proceeds thereof.

26         (3)  To mortgage all or any part of its property, real

27  or personal, then owned or thereafter to be acquired.

28         (4)  To covenant against pledging all or any part of

29  its rents, fees, tolls, revenues, or receipts or its leases or

30  agreements or rent or other revenues thereunder or the

31  proceeds thereof, or against mortgaging all or any part of its

                                  34

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    Florida Senate - 2000                                  SB 1244
    39-858-00                                           See HB 751




  1  real or personal property then owned or thereafter acquired,

  2  or against permitting or suffering any lien on any of the

  3  foregoing.

  4         (5)  To covenant with respect to limitations on any

  5  right to sell, lease, or otherwise dispose of any project or

  6  any part thereof or any property of any kind.

  7         (6)  To covenant as to any bonds and notes to be issued

  8  and the limitations thereon and the terms and conditions

  9  thereof and as to the custody, application, investment, and

10  disposition of the proceeds thereof.

11         (7)  To covenant as to the issuance of additional bonds

12  or notes or as to limitations on the issuance of additional

13  bonds or notes and the incurring of other debts by it.

14         (8)  To covenant as to the payment of the principal of

15  or interest on the bonds or notes, or any other obligation, as

16  to the sources and methods of such payment, as to the rank or

17  priority of any such bonds, notes, or obligations with respect

18  to any lien or security, or as to the acceleration of the

19  maturity of any such bonds, notes, or obligations.

20         (9)  To provide for the replacement of lost, stolen,

21  destroyed, or mutilated bonds or notes.

22         (10)  To covenant against extending the time for the

23  payment of bonds or notes or interest thereon.

24         (11)  To covenant as to the redemption or repurchase of

25  bonds or notes and privileges of tender or exchange thereof

26  for other bonds or notes of the authority.

27         (12)  To covenant as to the rates of toll and other

28  charges to be established and charged, the amount to be raised

29  each year or other period of time by tolls or other revenues,

30  and the use or disposition to be made thereof.

31

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    Florida Senate - 2000                                  SB 1244
    39-858-00                                           See HB 751




  1         (13)  To covenant to create or authorize the creation

  2  of special funds or moneys to be held in pledge or otherwise

  3  for construction expenses, operating expenses, payment or

  4  redemption of bonds or notes, reserves, or other purposes, and

  5  as to the use, investment, and disposition of the moneys held

  6  in such funds.

  7         (14)  To establish the procedure, if any, by which the

  8  terms of any contract or covenant with or for the benefit of

  9  the holders of bonds or notes may be amended or abrogated, the

10  amount of bonds or notes the holder must consent to, and the

11  manner in which such consent may be given.

12         (15)  To covenant as to the construction, improvement,

13  operation, or maintenance of its real and personal property,

14  the replacement thereof, the insurance to be carried thereon,

15  and the use and disposition of insurance moneys.

16         (16)  To provide for the release of property, leases,

17  or other agreements, or revenues and receipts from any pledge

18  or mortgage, and to reserve rights and powers in, or the right

19  to dispose of, property that is subject to a pledge or

20  mortgage.

21         (17)  To provide for the rights and liabilities,

22  powers, and duties arising upon the breach of any covenant,

23  condition, or obligation and to prescribe the events of

24  default and the terms and conditions upon which any or all of

25  the bonds, notes, or other obligations of the authority shall

26  become or may be declared due and payable before maturity and

27  the terms and conditions upon which any such declaration and

28  its consequences may be waived.

29         (18)  To vest in a trustee or trustees in or outside of

30  the state such property, rights, powers, and duties in trust

31  as the authority may determine, including the right to

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    Florida Senate - 2000                                  SB 1244
    39-858-00                                           See HB 751




  1  foreclose any mortgage, and to limit the rights, duties, and

  2  powers of such trustee.

  3         (19)  To execute all mortgages, bills of sale,

  4  conveyances, deeds of trust, and other instruments necessary

  5  or convenient in the exercise of its powers or in the

  6  performance of its covenants or duties.

  7         (20)  To pay the costs or expenses incident to the

  8  enforcement of such bonds or notes or of the provisions of

  9  such resolution or of any covenant or agreement of the

10  authority with the holders of its bonds or notes.

11         (21)  To limit the powers of the authority to

12  construct, acquire, or operate any structures, facilities, or

13  properties that may compete or tend to compete with any of the

14  projects.

15         (22)  To limit the rights of the holders of any bonds

16  or notes to enforce any pledge or covenant securing bonds or

17  notes.

18         (23)  To make covenants other than in addition to the

19  covenants herein expressly authorized, of like or different

20  character, and to make such covenants to do or refrain from

21  doing such acts and things as may be necessary, or convenient

22  and desirable, in order to better secure bonds or notes or

23  which, in the absolute discretion of the authority, will tend

24  to make bonds or notes more marketable, notwithstanding that

25  such covenants, acts, or things may not be enumerated herein.

26         Section 19.  Pledge of revenues, funds, or other

27  property; liens.--Any pledge of revenues, moneys, funds, or

28  other property made by the authority shall be valid and

29  binding from the time the pledge is made, and the revenues,

30  moneys, funds, or other property so pledged and thereafter

31  received by the authority shall immediately be subject to the

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    Florida Senate - 2000                                  SB 1244
    39-858-00                                           See HB 751




  1  lien of such pledge without any physical delivery thereof or

  2  further act, and the lien of any such pledge shall be valid

  3  and binding as against all parties having claims of any kind

  4  in tort, contract, or otherwise against the authority,

  5  irrespective of whether such parties have notice thereof.

  6  Neither the resolution nor any other instrument by which a

  7  pledge of revenues, moneys, or funds is created need be filed

  8  or recorded, except in the records of the authority.

  9         Section 20.  Personal liability.--Neither the members

10  of the authority nor any person executing bonds or notes

11  issued pursuant to this act shall be liable personally on such

12  bonds or notes by reason of the issuance thereof.

13         Section 21.  Reserves, funds, or accounts;

14  establishment.--The authority may establish such reserves,

15  funds, or accounts as may be, in its discretion, necessary or

16  desirable to further the accomplishment of the purposes of the

17  authority or to comply with the provisions of any agreement

18  made by or any resolution of the authority.

19         Section 22.  Debt service reserve funds; limitation on

20  issuance of bonds; accumulation of moneys; nonliability of the

21  state or its political subdivisions.--

22         (1)  The authority may establish a reserve fund in

23  connection with the issuance of bonds to finance the initial

24  project, to be known as the debt service reserve fund, and may

25  pay into such reserve fund any moneys appropriated by the

26  Legislature for the purposes of such fund, any proceeds of

27  sale of such bonds to the extent provided in the resolution of

28  the authority authorizing the issuance thereof, and any other

29  moneys that may be made available to the authority for the

30  purposes of such fund from any other source or sources. The

31  moneys held in or credited to the debt service reserve fund,

                                  38

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    Florida Senate - 2000                                  SB 1244
    39-858-00                                           See HB 751




  1  except as hereinafter provided, shall be used solely for the

  2  payment of the principal of such bonds of the authority

  3  secured by such reserve fund, as the same mature or become

  4  due; the purchase or retirement of such bonds; the payment of

  5  interest on such bonds; or the payment of any redemption

  6  premium required to be paid when such bonds are redeemed prior

  7  to maturity; however, moneys in such fund shall not be

  8  withdrawn therefrom at any time in such amount as would reduce

  9  the amount of such fund to less than the maximum debt service

10  reserve with respect to such bonds then outstanding and

11  secured by such reserve fund, except for the purpose of paying

12  the principal of, the interest on, the premium, if any, on,

13  and the retirement of such bonds secured by such reserve fund

14  maturing or becoming due and for the payment of which other

15  moneys of the authority are not available. "Maximum debt

16  service reserve," as used in this section, means, as of any

17  date of calculation and with respect to such bonds secured by

18  the debt service reserve fund, the largest amount of money

19  required by the terms of any contracts of the authority with

20  the holders of such bonds to be provided in any succeeding

21  calendar year for the payment of interest on and serial

22  maturities of such bonds then outstanding and payments

23  required by the terms of any such contracts to be made to

24  sinking funds established for the payment or redemption of

25  such bonds, calculated on the assumption that such bonds will

26  cease to be outstanding after the date of such calculation

27  only by reason of the payment of such bonds at their

28  respective maturities and the making of required payments to

29  sinking funds and the application thereof in accordance with

30  the terms of such contracts to the retirement of such bonds.

31  Any income or interest earned by, or increment to, the debt

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    Florida Senate - 2000                                  SB 1244
    39-858-00                                           See HB 751




  1  service reserve fund due to the investment thereof may be

  2  transferred to any other fund or account of the authority to

  3  the extent it does not reduce the amount of such debt service

  4  reserve fund below the maximum debt service reserve with

  5  respect to such bonds of the authority then outstanding and

  6  secured by such reserve fund.

  7         (2)  The authority shall not issue bonds at any time if

  8  the maximum debt service reserve with respect to such bonds

  9  outstanding and then to be issued and secured by the debt

10  service reserve fund will exceed the amount of such reserve

11  fund at the time of issuance, unless the authority, at the

12  time of issuance of such bonds, deposits in such reserve fund

13  from the proceeds of such bonds so to be issued, or otherwise,

14  an amount which, together with the amount then in such reserve

15  fund, will be not less than the maximum debt service reserve

16  with respect to such bonds then to be issued and on all other

17  bonds of the authority then outstanding and secured by such

18  reserve fund.

19         (3)  The chair of the authority shall annually, on or

20  before March 1, make and deliver to the Governor the chair's

21  certificate stating the amount, if any, required to restore

22  the debt service reserve fund to the amount required by

23  subsection (1), and the amount or amounts so certified, if

24  any, shall be appropriated and paid to the authority for

25  deposit in such debt service reserve fund prior to the end of

26  the first calendar month of the next succeeding fiscal year.

27  Any payments to be made by the state to the authority for

28  deposit in such debt service reserve fund are subject to and

29  dependent upon appropriations being made from time to time by

30  the Legislature for such purpose.

31

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    Florida Senate - 2000                                  SB 1244
    39-858-00                                           See HB 751




  1         (4)  In computing the debt service reserve fund for the

  2  purposes of this section, securities in which all or a portion

  3  of such debt service reserve fund shall be invested shall be

  4  valued at par or, if purchased at less than par, at their cost

  5  to the authority.

  6         (5)  Nothing herein shall be deemed to cause the bonds

  7  or notes of the authority to be in any way a debt or a

  8  liability of the state or any political subdivision thereof

  9  other than the authority, and the bonds and notes of the

10  authority, whether or not payable from the debt service

11  reserve fund established pursuant to this section, shall not

12  create or constitute any indebtedness, liability, or

13  obligation of the state or any such political subdivision, or

14  be or constitute a pledge of the faith and credit of the state

15  or of any such political subdivision.

16         (6)  For the purposes of this section, the term

17  "initial project" means the initial development or acquisition

18  of any complex as determined by the authority, and shall

19  consist of a major league baseball stadium to seat

20  approximately 56,517 persons, and any smaller minor league

21  stadiums; any facility necessary to conduct pari-mutuel

22  wagering events; and roadways, parking, and other support

23  facilities therefor, and environmental facilities in

24  connection therewith, together with all land and rights in

25  land, structures, and improvements, and other facilities and

26  appurtenances related thereto.

27         Section 23.  Right of the state to require redemption

28  prior to maturity.--The state, through order of the Governor

29  upon an act of the Legislature, shall have the right, upon

30  furnishing the authority with sufficient funds therefor, to

31  require the authority to redeem, pay, or cause to be paid, at

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    Florida Senate - 2000                                  SB 1244
    39-858-00                                           See HB 751




  1  or prior to maturity, in whole or in part, any bonds issued by

  2  the authority under this act, provided that such redemption or

  3  payment is made in accordance with the provisions of any

  4  contract entered into by the authority with the holders of

  5  such bonds.

  6         Section 24.  Sports Authority Fund.--

  7         (1)  The State Treasurer shall establish a special fund

  8  to be designated as the "Sports Authority Fund" and shall pay

  9  into the fund amounts from the General Revenue Fund as

10  necessary to pay the principal and interest on bonds or notes

11  of the authority issued pursuant to this act and to pay any

12  amounts due from the authority under any credit agreement

13  entered into by the authority in connection with the bonds or

14  notes, provided that all payments from the General Revenue

15  Fund are subject to and dependent upon appropriations made

16  from time to time for those purposes.

17         (2)  The State Treasurer and the authority are

18  authorized to enter into agreements necessary to effectuate

19  the purposes of this section, including, without limitation,

20  provisions for securing the payment of bonds or notes issued

21  by the authority pursuant to this act and the interest thereon

22  and providing for the investment of moneys in the fund,

23  provided that the agreements shall be subject to approval by

24  the presiding officers of both houses of the Legislature, and

25  provided further than when the purposes of this act have been

26  satisfied, and upon the earlier of:

27         (a)  The certification by the State Treasurer that the

28  revenues of the authority are sufficient to satisfy the

29  requirements set forth herein for the term of bonds or notes

30  issued pursuant to this act; or

31

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    Florida Senate - 2000                                  SB 1244
    39-858-00                                           See HB 751




  1         (b)  The satisfaction of the requirements for the

  2  payment of bonds or notes issued pursuant to the authority

  3  granted herein,

  4

  5  the State Treasurer and the authority shall not, except for

  6  the refunding of bonds or notes issued pursuant to this act

  7  which produces debt service savings, enter into any further

  8  agreements regarding payments by the State Treasurer into the

  9  Sports Authority Fund for any reason, including, but not

10  limited to, the financing or restructuring of the debt of the

11  authority.

12         (3)  The agreements shall indicate the nature and scope

13  of the projects to be financed pursuant to this act.

14         Section 25.  Other bonds and notes.--In addition to its

15  other powers to issue bonds and notes, the authority shall

16  have power to issue from time to time bonds and notes payable

17  from amounts in the Sports Authority Fund established pursuant

18  to section 24 as follows:

19         (1)  To provide sufficient funds to refund from time to

20  time outstanding bonds or notes of the authority issued for

21  any complex, whether or not the bonds or notes or interest

22  thereon have become due; to provide for the establishment of

23  funds or reserves to secure payment of the bonds or notes or

24  any other bonds or notes issued or to be issued for those

25  purposes or interest thereon; and to provide for the payment

26  of all other costs or expenses of the authority incident to or

27  necessary to carry out the refunding, provided that the

28  refunding bonds issued at any time pursuant to this subsection

29  do not exceed that amount estimated to be necessary so that

30  subsequent to the refunding, the revenues from any complex are

31  sufficient to pay all costs payable from those revenues, as

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    Florida Senate - 2000                                  SB 1244
    39-858-00                                           See HB 751




  1  shall be estimated in a determination by the authority made in

  2  accordance with the agreement between the authority and the

  3  State Treasurer.

  4         (2)  To finance or refinance a capital program or

  5  programs for any complex and project authorized pursuant to

  6  this act to provide for major repairs, reconstruction, and

  7  improvements that are legally mandated or otherwise needed to

  8  meet environmental or safety requirements, to prevent a loss

  9  of revenues, to augment revenues, or to continue or enhance

10  the operations of any of the facilities thereof, or to upgrade

11  any of the facilities thereof.

12         (3)  To provide for the financing or refinancing of the

13  facilities for the State University System.

14         (4)  To finance or refinance feasibility studies for

15  public projects consistent with the purposes of the authority.

16         (5)  To provide for the financing or refinancing of any

17  other project of the authority, but only to the extent

18  expressly authorized by law.

19         (6)  To provide for the financing of the facilities at

20  institutions of higher education based upon a list of projects

21  recommended by the Commissioner of Education following a

22  competitive application process, provided that the aggregate

23  financing of the projects undertaken pursuant to this

24  subsection does not exceed $5 million.

25

26  Bonds and notes authorized pursuant to this section shall be

27  special obligations of the authority payable as herein

28  provided. Bonds and notes shall not constitute a debt or

29  liability of the state or a pledge of the faith and credit of

30  the state but are dependent for repayment upon appropriations

31  as provided by law from time to time. These bonds and notes

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    Florida Senate - 2000                                  SB 1244
    39-858-00                                           See HB 751




  1  and the interest thereon may also be payable from the proceeds

  2  thereof set aside for that purpose and from income accruing

  3  thereon.

  4         Section 26.  Luxury tax revenues.--Notwithstanding any

  5  provision of law to the contrary, in the event any convention

  6  hall or halls, including the site of a convention hall to be

  7  constructed, located in any municipality or county which

  8  levies a luxury tax pursuant to such law, is purchased,

  9  leased, or otherwise acquired by the Florida Sports Authority

10  and for so long as the authority is the owner or is

11  responsible for supervision of the operation of the convention

12  hall or halls:

13         (1)  Subject to and after providing for the payment of

14  the amounts, if any, required to be paid from the luxury tax

15  revenues of the municipality or county under any resolution,

16  indenture, or security agreement authorizing or securing bonds

17  or other obligations of a county improvement authority and to

18  be applied to the payment of the principal of or interest on

19  those bonds or other obligations issued for the convention

20  hall project and to the maintenance of reserves therefor and

21  the allocation of moneys for future debt service payments, all

22  the remaining luxury tax revenues on deposit in the luxury tax

23  fund, including any balance not required for those purposes on

24  deposit in the luxury tax fund on the date of enactment, shall

25  be paid promptly during each year by the State Treasurer from

26  the luxury tax fund to the Florida Sports Authority for

27  application to the purposes of the convention hall project.

28         (2)  No further bonds or other obligations, other than

29  refunding bonds, shall be issued and no lease shall be entered

30  into, by any public body other than the Florida Sports

31

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    Florida Senate - 2000                                  SB 1244
    39-858-00                                           See HB 751




  1  Authority, the payment of which is to be made from or secured

  2  by the luxury tax revenues of the municipality or county.

  3         (3)  Luxury tax revenues of the municipality which are

  4  in excess of the requirements with respect thereto of the

  5  Florida Sports Authority relating to any convention hall

  6  project shall be applied to the purposes set forth herein.

  7         (4)  If the luxury tax of the municipality or county,

  8  including any increase thereof adopted by the municipality or

  9  county, is pledged to the payment of bonds or notes of the

10  Florida Sports Authority, the municipality or county shall not

11  repeal the luxury tax, or reduce the rate of the tax, or

12  eliminate from taxation any retail sales that are subject to

13  the tax so long as the bonds or notes remain outstanding.

14         Section 27.  Guarantee by state not to limit or alter

15  rights or powers vested in authority.--The State of Florida

16  hereby pledges to and covenants and agrees with the holders of

17  any bonds or notes issued pursuant to this act that the state

18  will not limit or alter the rights or powers vesting in the

19  authority to acquire, construct, maintain, improve, repair,

20  and operate a project in any way that would jeopardize the

21  interest of such holders, or to perform and fulfill the terms

22  of any agreement made with the holders of such bonds or notes,

23  or to fix, establish, charge, and collect such rents, fees,

24  rates, or other charges as may be convenient or necessary to

25  produce sufficient revenues to meet all expenses of the

26  authority and fulfill the terms of any agreement made with the

27  holders of such bonds and notes, together with interest

28  thereon, with interest on any unpaid installments of interest,

29  and all costs and expenses in connection with any action or

30  proceeding by or on behalf of such holders, until the bonds,

31  together with interest thereon, are fully met and discharged.

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    Florida Senate - 2000                                  SB 1244
    39-858-00                                           See HB 751




  1         Section 28.  Authorization as legal investment or

  2  security for public deposits.--The state and all public

  3  officers, governmental units and agencies thereof, all banks,

  4  trust companies, savings banks and institutions, building and

  5  loan associations, savings and loan associations, investment

  6  companies, and other persons carrying on a banking business,

  7  and all executors, administrators, guardians, trustees, and

  8  other fiduciaries may legally invest any sinking funds,

  9  moneys, or other funds belonging to them or within their

10  control in any bonds or notes issued pursuant to this act, and

11  such bonds or notes shall be authorized security for any and

12  all public deposits.

13         Section 29.  Lease or conveyance of land by state or

14  governmental subdivisions.--All counties and municipalities

15  and other governmental subdivisions, all authorities, and all

16  public departments, agencies, and commissions of the state,

17  notwithstanding any contrary provision of law, are hereby

18  authorized and empowered to lease, lend, grant, or convey to

19  the authority at its request upon such terms and conditions as

20  the governing body or other proper authorities of such

21  counties, municipalities, and governmental subdivisions,

22  authorities, and departments, agencies, or commissions of the

23  state may deem reasonable and fair and without the necessity

24  for any advertisement, order of court, or other action or

25  formality, other than the authorizing ordinance of the

26  governing body of the municipality, the authorizing resolution

27  of the governing body of the county, or the regular and formal

28  action of any public body concerned, any real property or

29  interest therein which may be necessary or convenient to the

30  effectuation of the purposes of the authority, including

31

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    Florida Senate - 2000                                  SB 1244
    39-858-00                                           See HB 751




  1  public highways and other real property already devoted to

  2  public use.

  3         Section 30.  Tax exemption; projects and property of

  4  authority; bonds or notes; payments in lieu of property

  5  taxes.--

  6         (1)  All projects and other property of the authority

  7  are hereby declared to be public property devoted to an

  8  essential public and governmental function and purpose and

  9  shall be exempt from all taxes and special assessments of the

10  state or any political subdivision thereof; however, when any

11  part of the project site not occupied or to be occupied by

12  facilities of the project is leased by the authority to

13  another whose property is not exempt and the leasing of which

14  does not make the real estate taxable, the estate created by

15  the lease and the appurtenances thereto shall be listed as the

16  property of the lessee thereof, or the lessee's assignee, and

17  assessed and taxed as real estate. All bonds or notes issued

18  pursuant to this act are hereby declared to be issued by a

19  body corporate and public of the state and for an essential

20  public and governmental purpose, and such bonds and notes, and

21  the interest thereon and the income therefrom, and all funds,

22  revenues, income, and other moneys received or to be received

23  by the authority and pledged or available to pay or secure the

24  payment of such bonds or notes, or interest thereon, shall at

25  all times be exempt from taxation except for transfer,

26  inheritance, and estate taxes.

27         (2)  To the end that there does not occur an undue loss

28  of future tax revenues by reason of the acquisition of real

29  property by the authority, the authority annually shall make

30  payments in lieu of taxes to the municipality in which such

31  property is located in an amount to be raised by real property

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    Florida Senate - 2000                                  SB 1244
    39-858-00                                           See HB 751




  1  taxation in each such year by a fraction, the numerator of

  2  which is the amount of real property taxes assessed against

  3  the property acquired by the authority in the tax year in

  4  which this act becomes effective and the denominator of which

  5  is the total amount to be raised by real property taxation in

  6  such municipality in the tax year in which this act becomes

  7  effective. Such payments shall be made each year commencing

  8  with the first year subsequent to the year in which such real

  9  property is converted from a taxable to an exempted status by

10  reason of acquisition thereof by the authority.

11         (3)  The authority is further authorized and empowered

12  to enter into any agreement or agreements with any county or

13  municipality whereby the authority shall undertake to pay any

14  additional amounts to compensate for any loss of tax revenues

15  by reason of the acquisition of any real property by the

16  authority. Every such county and municipality is authorized

17  and empowered to enter into such agreements with the authority

18  and to accept payments that the authority makes thereunder.

19         Section 31.  Annual report; annual audit.--On or before

20  the last day of February in each year, the authority shall

21  make an annual report of its activities for the preceding

22  calendar year to the Governor and the Legislature. Each such

23  report shall set forth a complete operating and financial

24  statement covering its operations during the year. The

25  authority shall cause an audit of its books and accounts to be

26  made at least once in each year by certified public

27  accountants, and the cost thereof shall be considered an

28  expense of the authority. A copy of the audit shall be filed

29  with the Comptroller.

30         Section 32.  Services by state officers, departments,

31  boards, agencies, divisions, and commissions.--All officers,

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    Florida Senate - 2000                                  SB 1244
    39-858-00                                           See HB 751




  1  departments, boards, agencies, divisions, and commissions of

  2  the state are hereby authorized and empowered to render any

  3  and all services to the authority as may be within the area of

  4  their respective governmental functions as fixed or

  5  established by law, and as may be requested by the authority.

  6  The cost and expense of such services shall be met by the

  7  authority.

  8         Section 33.  Contracts; requirement for public

  9  bids.--The authority, in the exercise of its authority to make

10  and enter into contracts and agreements necessary or

11  incidental to the performance of its duties and the execution

12  of its powers, shall adopt standing rules and procedures

13  providing that, except as hereinafter provided, no contract on

14  behalf of the authority shall be entered into for the

15  performance of any work, or for the hiring of equipment or

16  vehicles, when the amount to be expended exceeds $500,000

17  unless the authority first publicly advertises for bids

18  therefor and awards the contract to the lowest responsible

19  bidder; however, such advertising shall not be required when

20  the contract to be entered into is one for furnishing or

21  performing services of a professional nature or for supplying

22  any project or rendering any service by a public utility

23  subject to the jurisdiction of the Public Service Commission,

24  and tariffs and schedules of the charges made, charged, or

25  exacted by the public utility for any such products to be

26  supplied or services to be rendered are filed with said

27  commission. This section shall not prevent the authority from

28  having any work performed by its own employees, nor shall it

29  apply to repairs, to the furnishing of materials, supplies, or

30  labor, or to the hiring of equipment or vehicles, when the

31  safety or protection of its or other public property or the

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    Florida Senate - 2000                                  SB 1244
    39-858-00                                           See HB 751




  1  public convenience requires, or the exigency of the

  2  authority's service will not admit of such advertisement. In

  3  such case, the authority shall, by resolution passed by the

  4  affirmative vote of a majority of its members, declare the

  5  exigency or emergency to exist, and set forth in the

  6  resolution the nature thereof and the approximate amount to be

  7  so expended.

  8         Section 34.  Purchases, contracts, or agreements; over

  9  threshold amount, requirements for public bids; under

10  threshold amount, manner approved by authority.--

11         (1)  All purchases, contracts, or agreements in which

12  the cost or contract price exceeds $500,000 or, after June 30,

13  2000, the amount determined pursuant to this section, shall,

14  except as otherwise provided in this act, be made, negotiated,

15  or awarded only after public advertisement for bids therefor

16  and shall be awarded to that responsible bidder whose bid,

17  conforming to the invitation for bids, is most advantageous to

18  the authority, in its judgment, upon consideration of price

19  and other factors. Any bid may be rejected when the authority

20  determines that it is in the public interest to do so.

21         (2)  Any purchase, contract, or agreement in which the

22  cost or contract price is less than or equal to $500,000 or,

23  after June 30, 2000, the amount determined pursuant to this

24  section, may be made, negotiated, or awarded by the authority

25  without advertising and in any manner that the authority, in

26  its judgment, deems necessary to serve its unique interests

27  and purposes and that promotes, whenever practicable, full and

28  free competition by the acceptance of quotations or proposals

29  or by the use of other suitable methods.

30         (3)  Commencing January 1, 2001, the Governor, in

31  consultation with the State Treasurer, shall, no later than

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    Florida Senate - 2000                                  SB 1244
    39-858-00                                           See HB 751




  1  March 1 of each odd-numbered year, adjust the threshold amount

  2  set forth in this section, or, subsequent to 2001, the

  3  threshold amount resulting from any adjustment under this

  4  subsection, in direct proportion to the rise or fall of the

  5  Consumer Price Index for all urban consumers in the Miami-Dade

  6  area as reported by the United States Department of Labor. The

  7  Governor shall, no later than June 1 of each odd-numbered

  8  year, notify the authority of the adjustment. The adjustment

  9  shall become effective on July 1 of each odd-numbered year.

10         Section 35.  Set-aside contract goals.--The authority

11  is authorized and directed to establish, prior to initiating

12  any project on or after the effective date of this act, small

13  business, minority business, and women's business set-aside

14  contract goals and procedures in accordance with applicable

15  provisions of law.

16         Section 36.  Exemptions.--Any purchase, contract, or

17  agreement in which the cost or contract price exceeds the

18  amount specified in this act, or, after June 30, 2001, the

19  amount calculated by the Governor, may be made, negotiated, or

20  awarded by the authority without advertisement for bids when

21  the subject matter is that described in section 37 or when the

22  purchase, contract, or agreement is made, negotiated, or

23  awarded under the circumstances described in section 38. In

24  any such instance, the authority may make, negotiate, or award

25  the purchase, contract, or agreement in any manner that the

26  authority deems necessary to serve its unique interests and

27  purposes and that promotes, whenever practicable, full and

28  free competition by the acceptance of quotations or proposals

29  or by the use of other suitable methods.

30

31

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    Florida Senate - 2000                                  SB 1244
    39-858-00                                           See HB 751




  1         Section 37.  Exemptions; subject matter.--Any purchase,

  2  contract, or agreement may be made, negotiated, or awarded

  3  pursuant to this act when the subject matter consists of:

  4         (1)  Services that are professional or technical in

  5  nature or services that are original and creative in character

  6  in a recognized field of artistic endeavor;

  7         (2)  Items that are perishable or subsistence supplies;

  8         (3)  Items that are specialized equipment or

  9  specialized machinery necessary to the conduct of authority

10  business;

11         (4)  Items or services supplied by a public utility

12  subject to the jurisdiction of the Public Service Commission,

13  and tariffs and schedules of the charges made, charged, or

14  exacted by the public utility for those items or services that

15  are filed with the commission;

16         (5)  Items that are styled or seasonal wearing apparel;

17         (6)  Items or services that, in order to compete

18  successfully with other sports and entertainment facilities,

19  the authority deems necessary to provide quality athletic

20  contests, pari-mutuel wagering events, or other spectator

21  sporting events and trade shows, expositions, concerts, and

22  other public events. These items and services shall include,

23  but not be limited to, food concessions; playing surfaces for

24  football, soccer, tennis, or other athletic contests; indoor

25  footracing tracks; ice making and resurfacing equipment and

26  services; matrix and scoreboard systems; ticket printing and

27  ticket selling services; materials, supplies, equipment, and

28  services for preparation and maintenance of pari-mutuel

29  wagering events; program printing; pari-mutuel computer or

30  totalisator equipment or services; teletimer equipment or

31  services; photo finish equipment or services; and items or

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    Florida Senate - 2000                                  SB 1244
    39-858-00                                           See HB 751




  1  services that are part of or related to promotional or

  2  advertising efforts;

  3         (7)  The lease of such office space, office machinery,

  4  specialized equipment, buildings, or real property as may be

  5  required for the conduct of authority business; or

  6         (8)  The sale or licensing of advertising rights.

  7         Section 38.  Exemptions; circumstances.--Any purchase,

  8  contract, or agreement may be made, negotiated, or awarded

  9  pursuant to this act when:

10         (1)  Standardization of equipment and

11  interchangeability of parts is in the public interest;

12         (2)  Only one source of supply or service is available;

13         (3)  The safety or protection of authority property or

14  other public property requires;

15         (4)  The exigency of the authority's service will not

16  admit of advertisement;

17         (5)  More favorable terms can be obtained from a

18  primary source of supply of an item or service;

19         (6)  Bid prices, after advertising, are not reasonable

20  or have not been independently arrived at in open competition;

21  but no negotiated purchase, contract, or agreement may be

22  entered into under this subsection after the rejection of all

23  bids received unless notification of the intention to

24  negotiate and reasonable opportunity to negotiate is given to

25  each responsible bidder; the negotiated price is lower than

26  the lowest rejected bid price of a responsible bidder; and the

27  negotiated price is the lowest negotiated price offered by any

28  responsible contractor;

29         (7)  The purchase is to be made from, or the contract

30  is to be made with, the Federal Government or any state

31  government or agency or political subdivision thereof; or

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    Florida Senate - 2000                                  SB 1244
    39-858-00                                           See HB 751




  1         (8)  Purchases are made through or by the Department of

  2  Management Services.

  3         Section 39.  Award without public advertisement;

  4  resolution; specification of subject matter or

  5  circumstances.--In any case in which the authority makes,

  6  negotiates, or awards a purchase, contract, or agreement

  7  without public advertisement pursuant to section 36, the

  8  authority shall, by resolution passed by the affirmative vote

  9  of a majority of its members, specify the subject matter or

10  circumstances set forth in section 37 or section 38 which

11  permit the authority to take such action.

12         Section 40.  Work by employees of authority.--Nothing

13  herein shall prevent the authority from having any work

14  performed by its own employees.

15         Section 41.  Effect of inconsistent acts and rules

16  adopted hereunder.--It is the intent of the Legislature that

17  in the event of any conflict or inconsistency in the

18  provisions of this act and any other acts pertaining to

19  matters herein established or provided for or in any rules

20  adopted under this act or said other acts, to the extent of

21  such conflict or inconsistency, the provisions of this act and

22  the rules adopted hereunder shall be enforced, and the

23  provisions of such other acts and rules adopted thereunder

24  shall be of no force and effect.

25         Section 42.  Partial invalidity.--If any clause,

26  sentence, paragraph, section, or part of this act is adjudged

27  by any court of competent jurisdiction to be invalid, such

28  judgment shall not affect, impair, or invalidate the remainder

29  thereof, but shall be confined in its operation to the clause,

30  sentence, paragraph, section, or part thereof directly

31

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    Florida Senate - 2000                                  SB 1244
    39-858-00                                           See HB 751




  1  involved in the controversy in which such judgment has been

  2  rendered.

  3         Section 43.  Construction of act.--This act shall be

  4  construed liberally to effectuate the legislative intent and

  5  the purposes of the act as complete and independent authority

  6  for the performance of each act and thing herein authorized,

  7  and all powers herein granted shall be broadly interpreted to

  8  effectuate such intent and purposes and not as a limitation of

  9  powers.

10         Section 44.  Legislative findings and declarations.--

11         (1)  The Legislature finds and declares that the

12  general welfare of the people of the state will be promoted by

13  the advancement of pari-mutuel wagering facilities in the

14  state; that it is vital to state government that the revenues

15  derived from pari-mutual wagering in the state be continued;

16  that ownership and operation of pari-mutuel events by a state

17  agency would protect against a loss of revenue to the state

18  and assure the financial stability of such facilities and

19  availability of capital to repair, reconstruct, and restore

20  damaged or destroyed facilities thereof and to provide

21  improvements and additions thereto; and that the advancement

22  and retention of such facilities and related activities in the

23  state will not only provide recreational opportunities for the

24  people of the state but will also benefit the people in the

25  form of increased commerce and employment.

26         (2)  The Legislature has determined that in order to

27  accomplish such purposes and goals, it is necessary and

28  desirable to authorize the Florida Sports Authority to

29  immediately acquire and operate any pari-mutuel wagering

30  facility and its contiguous properties and auxiliary

31  facilities.

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    Florida Senate - 2000                                  SB 1244
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  1         (3)  The Legislature further finds that the powers

  2  conferred by this act and the expenditure of public moneys

  3  pursuant thereto will serve a valid public purpose and that

  4  the enactment of the provisions of this act is in the public

  5  interest and is declared to be such as a matter of express

  6  legislative determination.

  7         Section 45.  Pari-mutuel wagering facility;

  8  acquisition, operation, maintenance, repair, reconstruction,

  9  and improvement; feasibility study; additional projects;

10  approval by Legislature.--The authority is hereby authorized

11  and empowered to acquire, operate, maintain, repair,

12  reconstruct, restore, and improve as additional projects any

13  pari-mutuel wagering facility and any contiguous properties

14  and auxiliary facilities, including, without limitation,

15  pavilions, stands, clubhouses, training tracks, fairgrounds,

16  and other exposition facilities, together with all buildings,

17  structures, roads, parking areas, recreation areas,

18  restaurants, transportation facilities or systems, equipment,

19  furnishings, properties, and appurtenances related thereto or

20  incidental to, necessary for, or complementary to the purposes

21  thereof, provided that, so long as any bonds or notes issued

22  to finance any other complex are outstanding, none of the

23  revenues of any other complex shall be used for any of the

24  foregoing or to pay principal of or interest on any bonds or

25  notes issued to finance an additional project. The authority

26  shall not acquire any of the foregoing facilities until a

27  feasibility study conducted by a private, independent

28  consulting firm satisfactory to the Legislature has been

29  completed demonstrating that the reconstructed facility will

30  generate sufficient revenues to ensure repayment of

31  indebtedness incurred to finance its acquisition and

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    Florida Senate - 2000                                  SB 1244
    39-858-00                                           See HB 751




  1  reconstruction and that it will not have a materially adverse

  2  effect on the operations and financial condition of any other

  3  complex.

  4         Section 46.  Conduct of pari-mutuel wagering events and

  5  pari-mutuel wagering.--

  6         (1)  The authority is hereby authorized, licensed, and

  7  empowered to apply to the Department of Business and

  8  Professional Regulation for a permit or permits to conduct, as

  9  part of the additional projects authorized in section 45 or

10  any one or more thereof, pari-mutual wagering events for

11  stake, purse, or reward, and to provide a place or places on

12  the grounds or enclosure for wagering by patrons on the result

13  of such events by the pari-mutuel system, and to receive

14  charges and collect all revenues, receipts, and other moneys

15  from the ownership and operation thereof, provided that only

16  the authority through its employees may conduct such

17  pari-mutuel wagering events, and the authority is expressly

18  prohibited from placing in the control of any other person,

19  firm, or corporation the conduct of such events, meetings, or

20  wagering.

21         (2)  Except as otherwise provided in chapter 550,

22  Florida Statutes, such pari-mutuel wagering events and

23  pari-mutuel wagering shall be conducted by the authority in

24  compliance with the standards set forth and the rules and

25  conditions prescribed by the Department of Business and

26  Professional Regulation for the conduct of such events and for

27  pari-mutuel wagering at such events.

28         (3)  Applications for permits shall be on forms

29  prescribed by the Department of Business and Professional

30  Regulation. The Department of Business and Professional

31  Regulation shall review and act on any application within 30

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    Florida Senate - 2000                                  SB 1244
    39-858-00                                           See HB 751




  1  days after its filing and is authorized in its sole discretion

  2  to determine whether a permit is granted to the authority. If,

  3  after review, the Department of Business and Professional

  4  Regulation acts favorably on an application, a permit shall be

  5  granted to the authority without further approval which permit

  6  shall be in substitution for and shall supersede the permit

  7  issued any such facility and shall remain in force and effect

  8  so long as any bonds or notes of the authority issued for the

  9  purposes of any of the additional projects remain outstanding,

10  the provisions of any other law to the contrary

11  notwithstanding. In granting a permit to the authority to

12  conduct such events, the Department of Business and

13  Professional Regulation shall not be limited as to the number

14  of facilities permitted pursuant to any provision of law. Said

15  permit shall specify the dates allotted to the authority for

16  its conduct of such events. Thereafter, application by the

17  authority for dates for pari-mutuel wagering events and the

18  allotment thereof by the Department of Business and

19  Professional Regulation, including renewal of the dates

20  heretofore allotted, shall be governed by the applicable

21  provisions of law. Notwithstanding the provision of any other

22  law to the contrary, the Department of Business and

23  Professional Regulation shall allot annually to the authority

24  not fewer than 50 thoroughbred or standardbred racing days at

25  such facility, if and to the extent that application is made

26  therefor, or 100 performances at any other facility.

27         (4)  No hearing, referendum, or other election or

28  proceeding, and no payment, surety, or cash bond or other

29  deposit, shall be required for the authority to hold or

30  conduct the pari-mutuel wagering events with pari-mutuel

31  wagering herein authorized.

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  1         (5)  The authority shall determine the amount of the

  2  admission fee for such events and all matters relating to the

  3  collection thereof.

  4         (6)  All moneys held by the authority for payment of

  5  outstanding pari-mutuel tickets not claimed by the person or

  6  persons entitled thereto within the time provided by law shall

  7  be paid to the authority upon the expiration of such time

  8  without further obligation to such ticket holder.

  9         (7)  Except as herein provided, no admission or

10  amusement tax, excise tax, license, or pari-mutuel wagering

11  fee of any kind shall be assessed or collected from the

12  authority by the state, or by any county or municipality, or

13  by any other body having power to assess or collect license

14  fees or taxes.

15         (8)  Any pari-mutuel wagering event and the pari-mutuel

16  system of wagering upon the result of an event held at such

17  facility with respect to any additional project shall not,

18  under any circumstances, if conducted as provided in this act

19  and in conformity thereto, be held or construed to be

20  unlawful, any other law to the contrary notwithstanding.

21         (9)  Each employee of the authority engaged in

22  conducting pari-mutuel wagering events shall obtain the

23  appropriate license from the Department of Business and

24  Professional Regulation. The Department of Business and

25  Professional Regulation, after a hearing, may suspend any

26  member of the authority upon approval of the Governor and may

27  suspend the license of any employee of the authority for any

28  violation of the laws governing pari-mutuel wagering or any

29  rule of the Department of Business and Professional

30  Regulation. Such hearing shall be held and conducted in the

31  manner provided by law.

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  1         Section 47.  This act shall take effect December 31,

  2  2000.

  3

  4            *****************************************

  5                       LEGISLATIVE SUMMARY

  6
      Creates the "Florida Sports Authority Law" to create a
  7    corporate agency of the state to provide for additional
      facilities to accommodate trade shows, expositions,
  8    sports events, and other public events in the state,
      including pari-mutuel wagering events. (See bill for
  9    details.)

10

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13

14

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