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





                                                  SENATE AMENDMENT

    Bill No. CS for SB 2346

    Amendment No.    

                            CHAMBER ACTION
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11  Senator Silver moved the following amendment:

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13         Senate Amendment 

14         On page 4, line 13, through

15            page 9, line 18, delete those lines

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17  and insert:

18         Section 4.  Creation of a community improvement

19  authority; charter.--

20         (1)  A community improvement authority is established

21  within each eligible county with all of the powers, authority,

22  duties, and limitations set forth in this act, including the

23  powers set forth in this act to undertake certain activities

24  in counties contiguous with such eligible county. This act

25  constitutes the charter of each such authority, and this act

26  may be amended in the same manner as any other general law of

27  the state. Each authority shall be designated "     County

28  Community Improvement Trust," with the blank space being

29  completed by inserting the name of the eligible county in

30  which the authority is located. Notwithstanding the foregoing,

31  in any eligible county in which an independent port district

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2346

    Amendment No.    





 1  was abolished with support of the majority of electors of that

 2  county voting in a referendum held within 10 years immediately

 3  preceding the effective date of this act, an authority shall

 4  not be established and no authority shall have jurisdiction or

 5  exercise any powers within such county without an approving

 6  ordinance adopted by such county's governing body.

 7         (2)  Each authority is a body politic and corporate, a

 8  public instrumentality, and an independent special district

 9  within the meaning of chapter 189, Florida Statutes, the

10  jurisdiction of which encompasses the applicable eligible

11  county and each county contiguous therewith, except as

12  expressly provided herein.

13         Section 5.  Board of supervisors.--

14         (1)  A board of supervisors shall govern each

15  authority.

16         (2)  The board shall be composed of nine members. Not

17  sooner than 60 days after the authority is established, the

18  Governor shall appoint two members to the board; the county

19  commission of the eligible county shall appoint three members

20  to the board; the mayor of the eligible county shall appoint

21  one member to the board; the city commission within which the

22  projects are proposed to be constructed shall appoint two

23  members to the board; and the mayor of such city shall appoint

24  one member to the board. In the event that within 30 days

25  after the Governor has made two appointments to the board, all

26  9 members shall not have been appointed, then the members of

27  the board of such authority who shall have been appointed

28  shall select by majority vote among them at the organizational

29  meeting of the board, without regard to the presence of a

30  quorum, the remaining members of the board. Each appointing

31  authority shall appoint members of the board to succeed those

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2346

    Amendment No.    





 1  whose terms are expiring not less than 60 days before the

 2  expiration of such term. All members of the board must have

 3  expertise in one or more of the following areas: public

 4  finance, private finance, public accounting, commercial law,

 5  commercial real estate, real estate development, general

 6  contracting, architecture, and administration of professional

 7  sports team operations. A member of the board may not, at the

 8  time of appointment, hold an elected public office in the

 9  state.

10         (3)  The organizational meeting of the board shall be

11  held not less than 30 days and not more than 45 days after the

12  Governor has made two appointments to the board. Appointed

13  members of the board shall hold office for a term of 4 years

14  or until their successors take office, except that the two

15  initial members appointed by the Governor, one of the initial

16  members appointed by the commission of the eligible county,

17  and one of the initial members appointed by the mayor of the

18  eligible county shall be appointed to terms of 3 years. In the

19  event that initial members are appointed by the board, the

20  board shall designate which, if any, of the initial members

21  appointed by the board shall hold office for a term of three

22  years, such that 4 of the 9 initial members of the board shall

23  be designated to hold office for terms of 3 years. If during a

24  member's term of office a vacancy occurs, the Governor shall

25  fill the vacancy by appointment for the remainder of the term.

26         (4)  The members of the board must be residents of the

27  eligible county in which the authority is located.

28         (5)  Five members of the board shall constitute a

29  quorum, and the affirmative vote of a majority of the members

30  present and voting is necessary to take any official action.

31         (6)  The members of the board shall serve without

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2346

    Amendment No.    





 1  compensation but are entitled to reimbursement for travel and

 2  per diem expenses in accordance with section 112.061, Florida

 3  Statutes.

 4         (7)  The board shall at the time of organizing, and

 5  annually thereafter, elect a chair for a term of 1 year or

 6  until a successor is elected or the chair is removed, with or

 7  without cause, by the board. The chair shall preside at all

 8  meetings of the board. If the chair is absent or disqualified

 9  at any meeting, any member of the board may be designated

10  chair pro-tempore for that meeting.

11         Section 6.  Executive director.--The board may appoint

12  and fix the salary of an executive director to carry out the

13  day-to-day activities of the authority and to administer the

14  policies of the board.

15         Section 7.  Chief financial officer and other officers;

16  financial records; fiscal year.--

17         (1)  The board may appoint and fix the salary of a

18  chief financial officer of the authority, who is responsible

19  for the funds and finances of the authority. Funds may be

20  disbursed only at the direction of the board signed by the

21  persons designated by the board. The board may give the chief

22  financial officer additional powers and duties.

23         (2)  The board or the executive director upon authority

24  delegated by the board may appoint or employ other officers or

25  employees of the authority and give them appropriate powers

26  and duties.

27         (3)  The financial records of the authority shall be

28  audited by an independent certified public accountant at least

29  once each year.

30         (4)  The fiscal year of the authority begins October 1

31  of each year and ends September 30 of the following year.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2346

    Amendment No.    





 1         Section 8.  Budgets.--On or before June 30 of each

 2  year, the executive director of the authority shall prepare a

 3  proposed budget, including an estimate of all revenues and

 4  anticipated expenditures, for the following fiscal year to be

 5  submitted to the board for approval or modification. The

 6  budget must be adopted before October 1 of each year.

 7         Section 9.  Powers and duties.--

 8         (1)  Each authority has, and the board may exercise the

 9  power to take all steps reasonable, necessary, or advisable to

10  generate local support for the development of projects,

11  including professional sports facilities and related amenities

12  and infrastructure, to serve as an intermediary and facilitate

13  negotiations with and among private interests, community

14  organizations, and governmental authorities in connection with

15  the construction or development of such projects, and to

16  explore, research, and analyze financing and related

17  alternatives for the construction or development of such

18  projects.

19         (2)  As appropriate, the authority shall present

20  findings and make recommendations to the applicable

21  governmental entity necessary to secure support or action with

22  respect to such recommendations and to secure sources of

23  financing and other funding alternatives for the construction

24  or development of such projects.

25         (3)  In the event an appropriate governmental

26  authority, acting upon the recommendations of the authority,

27  has approved a source or sources of funding to finance the

28  construction or development of a project and such source or

29  sources of funding, if consisting of revenues to be derived

30  from a new tax, assessment, surcharge or levy, or from an

31  increase to an existing tax, assessment, surcharge or levy,

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2346

    Amendment No.    





 1  have been approved by a majority of the qualified electors

 2  within the jurisdiction of such governmental authority voting

 3  in a duly held referendum, the board may exercise the power

 4  to:

 5         (a)  Either alone or in cooperation with the eligible

 6  county or other governmental body, finance, refinance,

 7  acquire, plan, design, develop, construct, own, lease,

 8  operate, maintain, manage, renovate, improve, and promote any

 9  project located in the eligible county or any county

10  contiguous therewith consisting of one or more facilities and

11  other attractions and related amenities and infrastructure,

12  including:  professional sports facilities and recreational,

13  commercial, cultural and educational facilities; civic,

14  multi-purpose meeting facilities; and all forms of media

15  communication, transmission, and production systems and

16  facilities.

17         1.  During the 24-month period following establishment

18  of an authority, the only project an authority may initiate is

19  a professional sports facility and related amenities and

20  infrastructure, which initiation must be evidenced by adoption

21  of a resolution setting forth the authority's commitment to

22  initiate and promptly implement a professional sports facility

23  project;

24         2.  A professional sports facility may not be

25  constructed outside the eligible county that is intended to

26  accommodate regular season games of a professional sports

27  franchise that exists within the National League or the

28  American League of Major League Baseball, the National

29  Basketball Association, the National Football League, or the

30  National Hockey League; and

31         3.  No other project may be constructed outside the

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2346

    Amendment No.    





 1  eligible county unless the authority and the county in which

 2  such facility will be located have entered into an interlocal

 3  agreement with respect to such project.

 4         (b)  Finance, refinance, acquire, plan, design,

 5  develop, construct, own, lease, operate, maintain, manage,

 6  renovate, improve, and promote any facilities and

 7  infrastructure within the authority's jurisdictional

 8  boundaries that are reasonably ancillary, incidental, or

 9  supporting of projects, including, but not limited to, roads,

10  bridges, parking, and other transportation facilities.

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