Senate Bill 2346

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    Florida Senate - 2000                                  SB 2346

    By Senator Silver





    38-891A-00

  1                      A bill to be entitled

  2         An act relating to port area improvement;

  3         creating the "Port Area Improvement Authority

  4         Act"; providing legislative findings and

  5         intent; defining terms; providing for the

  6         creation of port area improvement authorities

  7         in highly populated counties with major cruise

  8         ship ports; providing for the management of

  9         authorities; providing for the powers of an

10         authority; providing authority to levy a cruise

11         passenger surcharge subject to a referendum;

12         providing for cruise passenger surcharge

13         collection; providing for criminal penalties;

14         authorizing the use of bonds to fund projects;

15         providing for a tax exemption on bonds;

16         providing for limitations on damages; providing

17         for dissolution of an authority; providing

18         severability; providing for liberal

19         construction; providing an effective date.

20

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

22

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

24  "Port Area Improvement Authority Act."

25         Section 2.  Legislative findings; intent.--

26         (1)  The Legislature finds that certain highly

27  populated counties in the state are substantially affected by

28  the cruise industry and other tourism-related activities and

29  have the need for enhancement of areas surrounding major

30  cruise ports through the improvement of existing facilities

31  and the development of tourism-oriented facilities and other

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  1  attractions, including professional sports facilities, and

  2  other related amenities and infrastructure. The Legislature

  3  also finds that these projects serve a paramount public

  4  purpose and that there is a need to provide a comprehensive

  5  method and funding sources for providing for the development

  6  and operation of tourism-oriented facilities and other

  7  attractions, including professional sports facilities, and

  8  other related amenities and infrastructure.

  9         (2)  It is declared to be the intent of the Legislature

10  that every passenger embarking on a multi-day cruise

11  initiating its voyage from a major cruise ship port in an

12  eligible county is exercising a taxable privilege under this

13  act.

14         (3)  It is declared to be the intent of the Legislature

15  to prescribe a uniform procedure for establishing independent

16  authorities for the purpose of planning, financing,

17  constructing, renovating, developing, operating, and

18  maintaining tourism-oriented facilities and other attractions,

19  including professional sports facilities, and other related

20  amenities and infrastructure within highly populated counties

21  of the state having major cruise ship ports and to provide for

22  the levy and collection of a cruise passenger surcharge within

23  those counties.

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

25  term:

26         (1)  "Authority" means an authority created under this

27  act.

28         (2)  "Board" or "board of supervisors" means the

29  governing body of an authority.

30

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  1         (3)  "Bond" means any general obligation bond, revenue

  2  bond, refunding bond, note, or other debt obligation

  3  authorized under this act.

  4         (4)  "Cruise passenger surcharge" or "surcharge" means

  5  a surcharge approved at a referendum and imposed by an

  6  authority on each person embarking on a multi-day cruise

  7  initiating its voyage from a major cruise ship port within an

  8  eligible county of this state. The surcharge may not exceed $4

  9  for each day of the cruise, as determined in the manner

10  established by this act.

11         (5)  "Department" means the Department of Revenue.

12         (6)  "Eligible county" means any county within the

13  state which simultaneously satisfies the following criteria:

14         (a)  A major cruise ship port exists in the county, and

15         (b)  The county has a population of not less than 1.5

16  million according to the most recent annual publication of

17  County Population Estimates of the U.S. Bureau of the Census.

18  Once a governing body has been appointed for an authority in

19  an eligible county, that county is considered an eligible

20  county for all purposes of this act, notwithstanding

21  subsequent reductions in population or cruise passenger

22  traffic.

23         (7)  "Major cruise ship port" means a deep-water port

24  owned by a unit of local government from which vessels enter

25  or depart and which, at the time of establishment of an

26  authority in the county in which the port is located, had

27  aggregate multi-day cruise passenger traffic of not less than

28  1.8 million persons per year during the preceding consecutive

29  12 months, according to the official records of the unit of

30  local government operating the port. For purposes of this

31  definition, each embarkation, disembarkation, and in-transit

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  1  movement must be separately counted as passenger traffic so

  2  that, for example, a single passenger embarking and

  3  disembarking at the same port counts as passenger traffic of

  4  two.

  5         (8)  "Multi-day cruise" means a voyage upon a

  6  commercial passenger vessel that extends over 1 or more

  7  nights.

  8         (9)  "Professional sports facility" means a ballpark,

  9  stadium, arena, coliseum, or similar facility intended for use

10  by a professional sports franchise that exists within the

11  National League or the American League of Major League

12  Baseball, the National Basketball Association, the National

13  Football League, or the National Hockey League.

14         (10)  "Project" means tourism-oriented facilities,

15  attractions, and other improvements authorized by this act,

16  including professional sports facilities, related amenities

17  and infrastructure, and systems, facilities, and services

18  determined by an authority to be beneficial to the

19  development, ownership, and operation of any of the foregoing,

20  including the acquisition of land and any interest therein.

21         (11)  "Refunding bonds" means bonds issued to retire or

22  refinance outstanding bonds of an authority and the interest

23  and redemption premium thereon.

24         (12)  "Revenue bonds" means obligations of an authority

25  which are payable from revenues or other funds derived from

26  sources other than ad valorem taxes on real or tangible

27  personal property.

28         Section 4.  Creation of a port area improvement

29  authority; charter.--

30         (1)  A port area improvement authority is established

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

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  1  duties, and limitations set forth in this act. This act

  2  constitutes the charter of each such authority. Each authority

  3  shall be designated " .... County Port Area Improvement

  4  Trust," with the blank space being completed by inserting the

  5  name of the eligible county in which the authority is located.

  6         (2)  Each authority is an independent special district

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

  8  boundaries and jurisdiction of which are coterminous with the

  9  boundaries of the applicable eligible county.

10         Section 5.  Board of supervisors.--

11         (1)  A board of supervisors shall govern each

12  authority.

13         (2)  The board shall be composed of seven members

14  appointed by the Governor within 60 days after an authority is

15  established. The Governor shall appoint members of the board

16  to succeed those whose terms are expiring not less than 60

17  days before the expiration of such terms. All members of the

18  board must have expertise in one or more of the following

19  areas:  public finance, private finance, public accounting,

20  commercial law, commercial real estate, real estate

21  development, general contracting, architecture, and

22  administration of professional sports team operations. A

23  member of the board may not, at the time of appointment, hold

24  an elected public office in the state.

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

26  held within 15 days after the appointment of the board.

27  Appointed members of the board shall hold office for a term of

28  4 years or until their successors take office, except that two

29  of the initial members shall be appointed to terms of 3 years

30  and two of the initial members shall be appointed to terms of

31  2 years.  If during a member's term of office a vacancy

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  1  occurs, the Governor shall fill the vacancy by appointment for

  2  the remainder of the term.

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

  4  county in which the authority is located.

  5         (5)  Four members of the board shall constitute a

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

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

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

  9  compensation but are entitled to reimbursement for travel and

10  per diem expenses in accordance with section 112.061, Florida

11  Statutes.

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

13  thereafter annually elect a chair for a term of 1 year or

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

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

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

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

18  chair pro-tempore for that meeting.

19         Section 6.  Executive director.--The board shall

20  appoint and fix the salary of an executive director to carry

21  out the day-to-day activities of the authority and to

22  administer the policies of the board.

23         Section 7.  Chief financial officer and other officers;

24  financial records; fiscal year.--

25         (1)  The board shall appoint and fix the salary of a

26  chief financial officer of the authority, who is responsible

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

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

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

30  financial officer additional powers and duties.

31

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

  2  delegated by the board my appoint or employ other officers or

  3  employees of the authority and give them appropriate powers

  4  and duties.

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

  6  audited by an independent certified public accountant at least

  7  once each year.

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

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

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

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

12  proposed budget, including an estimate of all revenues and

13  anticipated expenditures, for the following fiscal year to be

14  submitted to the board for approval or modification. The

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

16         Section 9.  Powers and duties.--

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

18  the power to:

19         (a)  Finance, refinance, acquire, plan, design,

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

21  renovate, improve, and promote any project located within 4

22  miles of its major cruise port consisting of one or more

23  tourism-oriented facilities and other attractions and related

24  amenities and infrastructure, including:  professional sports

25  facilities and recreational, commercial, cultural and

26  educational facilities; civic, multi-purpose meeting

27  facilities; and all forms of media communication,

28  transmission, and production systems and facilities. However,

29  during the 18-month period following establishment of an

30  authority, the only project an authority may initiate is a

31  professional sports facility and related amenities and

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  1  infrastructure, which initiation must be evidenced by adoption

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

  3  initiate and promptly implement a professional sports facility

  4  project.

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

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

  7  renovate, improve, and promote any facilities and

  8  infrastructure within the authority's jurisdictional

  9  boundaries that are reasonably ancillary, incidental, or

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

11  bridges, parking, and other transportation facilities.

12         (c)  Provide for the protection of persons using the

13  facilities of the authority by contracting to provide police

14  protection, emergency medical services, and fire protection

15  related to the facilities only with the prior consent of the

16  county or municipality that provides these services at the

17  time of the establishment of the authority.

18         (d)  Sue and be sued in the name of the authority.

19         (e)  Adopt and use a seal and authorize the use of a

20  facsimile thereof.

21         (f)  Make and execute contracts and other instruments

22  necessary or convenient to the exercise of its powers.

23         (g)  Employ staff and contract for the services of such

24  independent consultants, professionals, managers, and

25  operators as the board finds necessary and convenient.

26         (h)  Maintain offices as the board finds necessary.

27         (i)  Adopt procedures for the conduct of the

28  authority's affairs, the conduct of its business, and the

29  administration of this act.

30         (j)  Accept gifts; apply for and use grants or loans of

31  money or other property from the United States or any

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  1  department, agency, or unit of local government thereof, the

  2  state or any of its subdivisions or agencies, any other state

  3  or any subdivision or agency thereof, or any person for

  4  authority purposes and enter into any agreements required in

  5  connection therewith; and hold, use, and dispose of money or

  6  property for any authority purposes in accordance with the

  7  terms of the gift, grant, loan, or agreement relating thereto.

  8         (k)  Hold, control, and acquire by donation or

  9  purchase, and dispose of, any real or personal property, or

10  any estate therein, within or outside the authority's

11  boundaries, for any authority purpose.

12         (l)  Lease as lessor or lessee to or from any person,

13  public or private, any projects of the type that the authority

14  is authorized to undertake and facilities or property of any

15  nature for the use of the authority to carry out any of the

16  purposes authorized by this act.

17         (m)  Borrow money and issue bonds or other evidence of

18  indebtedness as otherwise provided in this act.

19         (n)  Fix, collect, and enforce fees, rates, or other

20  user charges for any service, program, or facility provided by

21  the authority.

22         (o)  Cooperate and contract with other governmental

23  entities and, under an interlocal agreement with such an

24  entity, undertake any project authorized in this act or that

25  the contracting governmental entity is authorized to undertake

26  and that furthers an authority purpose.

27         (p)  Fix and levy the cruise passenger surcharge,

28  subject to the referendum requirements of this act.

29         (q)  Call a referendum of the qualified electors of the

30  county in which it is located for the purpose of voting on the

31  cruise passenger surcharge.

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  1         (r)  Invest moneys received by the authority as is

  2  permitted by law or as provided in any resolution adopted by

  3  the board.

  4         (s)  Procure necessary insurance or self-insure.

  5         (t)  Establish such independent entities or affiliated

  6  entities, whether in the form of a not-for-profit corporation

  7  or other legal entity, for such purposes as the board

  8  considers necessary or appropriate to carry out its projects

  9  or to administer projects or funds for the benefit of all or

10  any portion of the county in which it is located.

11         (u)  Make grants of authority funds to the county, any

12  municipality, or any other governmental unit in which the

13  authority is located if the grant furthers any purpose of the

14  authority.

15         (v)  Exercise all powers necessary, convenient,

16  incidental, or proper in connection with any of the powers,

17  duties, or purposes authorized by this act.

18         Section 10.  Creation and levy of cruise passenger

19  surcharge.--

20         (1)  The board may levy a cruise passenger surcharge on

21  each passenger embarking on a multi-day cruise initiating its

22  voyage from a major cruise ship port within the eligible

23  county in an amount not to exceed $4 per day for each day of

24  the cruise. The surcharge must be levied by resolution of the

25  board and may take effect only upon approval by a majority of

26  the qualified electors of the eligible county in which the

27  authority is located voting in a referendum on the surcharge.

28         (2)  The board shall place on the ballot a statement

29  that includes a brief general description of the initial

30  project to be funded by the surcharge, the maximum dollar

31  amount of the surcharge to be levied, and, if not to be

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  1  perpetual, the number of years it will be levied, and this

  2  statement must be prescribed in the resolution calling for the

  3  referendum on the surcharge. The Supervisor of Elections for

  4  the eligible county in which the authority is located shall

  5  conduct the referendum and the executive director of the

  6  authority shall be the authority's election official. The

  7  referendum may not be conducted as a special election in which

  8  the sole issue before the electorate is the levy of the

  9  surcharge. The authority need pay only its pro rata share of

10  election costs directly related to the referendum.

11         (3)  If the referendum does not result in the approval

12  of the surcharge, another referendum for approval of such a

13  surcharge may not be held for at least 6 months.

14         (4)  If limited by the approving referendum, the

15  duration of the levy of an approved surcharge may be extended

16  and the amount of the surcharge may be increased up to $4 per

17  day, only by approval of a majority of the qualified electors

18  of the eligible county voting in a referendum on the extension

19  or increase. Subject to the requirements of any covenants to

20  bondholders or other creditors of the authority or to other

21  contractual restrictions, the number of years of levy or the

22  dollar amount of the surcharge may be decreased by resolution

23  of the board, without referendum.

24         (5)  The department shall collect the proceeds of the

25  cruise passenger surcharge and distribute those proceeds to

26  the authority monthly.

27         (6)  The proceeds of the cruise passenger surcharge may

28  be used by the authority for any lawful purpose of the

29  authority, including payment of the cost of projects. For

30  purposes of this act, the term "cost," when used with respect

31  to a project, has the same meaning as set forth in section

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  1  190.003(7), Florida Statutes. Without in any way limiting this

  2  section the proceeds may be pledged to secure and service

  3  bonds and other indebtedness incurred by an authority.

  4         (7)  The cruise passenger surcharge shall take effect

  5  on the first day of the third month following notice from the

  6  authority to the department of referendum approval as provided

  7  in this act or such later date as may be established by

  8  resolution of the authority. The levying of the surcharge may

  9  terminate only on the last day of a calendar quarter.

10         (8)  The board may suspend the collection of the

11  surcharge before the time set for its expiration if all

12  projects undertaken by the authority have been completed and

13  all bonds and other liabilities of the authority that are

14  payable, in whole or in part, from the surcharge, including

15  any refunding bonds, have been paid in full or have been

16  irrevocably defeased. The suspension may be effective only as

17  of the last day of a calendar quarter. Once suspended, the

18  board may resume the levy and collection of the surcharge if

19  it finds that the surcharge is needed to carry out a project

20  or other authority purpose.

21         Section 11.  Cruise passenger surcharge limitations;

22  administration and collection.--

23         (1)  Any cruise passenger surcharge levied by the board

24  must be imposed on each passenger embarking on a multi-day

25  cruise initiating its voyage from a major cruise ship port

26  within an eligible county.  The cruise passenger surcharge is

27  in addition to the total consideration paid for the privilege

28  of embarking on the cruise and must be collected by the person

29  receiving the consideration when that person receives payment

30  of that consideration. The surcharge is in addition to, and

31  not in lieu of, sales and use taxes or any other fees or

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  1  charges imposed by the state or any other governmental unit.

  2  The surcharge is not subject to the taxes imposed under

  3  chapter 212, Florida Statutes.

  4         (2)  The person receiving any consideration that is

  5  subject to the cruise passenger surcharge shall collect,

  6  account for, and remit the surcharge to the department at the

  7  same time and in the same manner provided for persons who

  8  collect and remit taxes under chapter 212, Florida Statutes.

  9  The same duties and privileges imposed by chapter 212, Florida

10  Statutes, upon dealers in tangible property respecting the

11  collection and remission of taxes; the making of returns; the

12  keeping of books, records, and accounts; and compliance with

13  the rules of the department in the administration of that

14  chapter apply to and are binding upon all persons who are

15  subject to this section. The provisions of chapter 212,

16  Florida Statutes, regarding the authority to audit and make

17  assessments of interest and penalties on delinquent taxes and

18  other administrative provisions of chapter 212, Florida

19  Statutes, apply to the surcharge, except as expressly provided

20  in this section. Each charge ticket, sales slip, invoice, or

21  other tangible evidence of sale must show, on its face, the

22  amount of the surcharge. The department may adopt rules to

23  administer this section and may use its powers under chapter

24  212, Florida Statutes, to discover the amount of surcharge to

25  be paid and to enforce the payment thereof.

26         (3)  The department shall keep records showing the

27  amount of surcharges collected and records disclosing the

28  amount of surcharges collected for and from each county in

29  which the surcharge is authorized, including any interest or

30  penalties on delinquent surcharges.

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  1         (4)  Collections received by the department from the

  2  surcharge, less costs of administration, must be paid and

  3  returned monthly to or at the order of the authority in the

  4  eligible county in which the surcharge was collected for use

  5  by the authority as provided in this act.

  6         (5)  The department shall adopt rules and prescribe,

  7  and publish such forms as are necessary to administer this

  8  section. The department shall establish audit procedures and

  9  assess for delinquent taxes.

10         (6)  The estimated tax provisions contained in section

11  212.11, Florida Statutes, do not apply to the administration

12  of the surcharge. However, an authority may permit a quarterly

13  or semiannual return and payment when the surcharges remitted

14  by the person required to do so for the preceding quarter or

15  semiannual period did not exceed the criteria established in

16  section 212.11(1)(c), Florida Statutes.

17         (7)  Any person taxable under this section who either

18  by himself or herself or through his or her agents or

19  employees fails to charge and collect the surcharge from the

20  person responsible for paying it, in addition to being

21  personally liable for the payment of the surcharge, commits a

22  misdemeanor of the second degree, punishable as provided in

23  section 775.082 or section 775.083, Florida Statutes.

24         (8)  A person may not advertise or hold out to the

25  public in any manner, directly or indirectly, that he or she

26  will absorb any part of the surcharge; that he or she will

27  relieve the person paying the surcharge of the payment of any

28  part thereof; or that the surcharge will not be added to

29  consideration for embarking on the multi-day cruise or, if

30  added, will be refunded or refused, in whole or in part either

31  directly or indirectly, by any method whatsoever. Any person

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  1  who willfully violates this paragraph commits a misdemeanor of

  2  the second degree, punishable as provided in section 775.082

  3  or section 775.083, Florida Statutes.

  4         (9)  A board initially levying a cruise passenger

  5  surcharge or modifying or suspending an existing levy of the

  6  surcharge shall notify the department within 10 days after the

  7  referendum approval is obtained or the resolution modifying or

  8  suspending an existing levy is adopted. Notification of

  9  modification or suspension must occur at least 30 days before

10  the modification or suspension becomes effective.

11         Section 12.  Bonds.--

12         (1)  AUTHORIZATION AND FORM OF BONDS.--

13         (a)  The authority may issue and sell bonds for any

14  purpose for which the authority has the power to expend money,

15  including, without limitation, the power to obtain working

16  capital loans to finance the costs of any project and to

17  refund any bonds or other indebtedness at the time outstanding

18  at or before maturity. Bonds may be sold by public or

19  negotiated sale after advertisement, if any, as the board

20  considers advisable.  Bonds may be authorized by resolution of

21  the board.

22         (b)  Bonds of the authority may reflect and evidence

23  any form of financing structure that may become marketable

24  from time to time, including, but not limited to, taxable or

25  tax-exempt bonds; bonds that bear current interest, whether

26  fixed or variable; bonds issued at an original issue discount

27  or premium; capital appreciation bonds; bonds that are

28  convertible, whether or not at the option of the holder, into

29  a form of bonds differing from that in which they were

30  originally issued; bonds that allow the holder to tender the

31  bonds to the authority or its agent; bonds that are issued

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  1  with separate call-option rights that may be sold by the

  2  authority at the time of issuance of the bonds or thereafter;

  3  and bonds of any type issued in connection with interest-rate

  4  swaps or other derivative products.  Bonds may be sold in

  5  blocks or installments at different times, or an entire issue

  6  or series may be sold at the same time.

  7         (c)  The board may, by resolution, fix the aggregate

  8  maximum amount of bonds to be issued; the purpose or purposes

  9  for which the moneys derived therefrom may be expended,

10  including, but not limited to, payment of costs of one or more

11  projects; the rates of interest; the denominations of the

12  bonds; whether or not the bonds are to be issued in one or

13  more series; the dates of maturity, which may not exceed 40

14  years from the respective date of issuance; the medium of

15  payment; the places within or outside the state where payment

16  must be made; registration privileges; redemption terms and

17  privileges, whether with or without premium; the manner of

18  execution; the form of the bonds, including any interest

19  coupons to be attached thereto; the manner of execution of

20  bonds and coupons; and any other terms, covenants, and

21  conditions thereof and the establishment of revenue or other

22  funds. The authorizing resolution may further provide for the

23  contracts authorized by section 159.825(1)(f) and (g), Florida

24  Statutes, regardless of the tax treatment of the bonds being

25  authorized. The authorizing resolution may further provide for

26  an electronic-book-entry system of registration, or for

27  certificated bonds. The seal of the authority may be affixed,

28  lithographed, engraved, or otherwise reproduced in facsimile

29  on the bonds.

30         (d)  Any issue of bonds may be secured by a trust

31  agreement by and between the authority and corporate trustees,

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  1  which may be any trust company or bank having the powers of a

  2  trust company within or outside the state.  Any provisions

  3  regarding the details or terms of any bonds that are required

  4  or permitted to be set forth in a resolution of the board may

  5  be set forth in a trust agreement with the same effect as if

  6  the provisions were set forth in a resolution of the board.

  7  The resolution authorizing the issuance of the bonds or the

  8  trust agreement may pledge any legally available revenues of

  9  the authority, including, without limitation, the proceeds of

10  the cruise passenger surcharge and rental payments received by

11  the authority, and may contain such provisions for protecting

12  and enforcing the rights and remedies of the bondholders as

13  the board approves, including, without limitation, covenants

14  authorized under subsection (4) and covenants setting forth

15  the duties of the authority in relation to the acquisition,

16  construction, reconstruction, improvement, maintenance,

17  repair, operation, and insurance of any projects; the fixing

18  and revising of the rates, fees, and charges; and the custody,

19  safeguarding, and application of all moneys, and may contain

20  provisions for the employment of engineers, accountants and

21  other consultants in connection with such acquisition,

22  construction, reconstruction, improvement, maintenance,

23  repair, or operation.  It is lawful for any bank or trust

24  company within or outside the state to act as a depository of

25  the proceeds of bonds or of revenues and to furnish such

26  indemnifying bonds or to pledge such securities as are

27  required by the authority.  The resolution or trust agreement

28  may set forth the rights and remedies of the bondholders and

29  of the trustee, if any, and may restrict the individual rights

30  of action by bondholders. The board may provide for the

31  payment of proceeds of the sale of the bonds and the revenues

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  1  of any project to any officer, board, or depository that it

  2  designates for the custody thereof and may provide for the

  3  method of disbursement thereof with such safeguards and

  4  restrictions as it establishes.  All expenses incurred in

  5  carrying out the provisions of the resolution or trust

  6  agreement may be treated as part of the cost of a project to

  7  which the trust agreement pertains or as part of the cost of

  8  the operation of the project.

  9         (e)  Bonds may be delivered by the authority as payment

10  of the purchase price of any project or part thereof, or a

11  combination of projects or parts thereof, or as the purchase

12  price or exchange for any property, real, personal, or mixed,

13  including franchises or services rendered by any contractor,

14  engineer, or other person, all at one time or in blocks from

15  time to time, in such manner and upon such terms as the board

16  determines.

17         (f)  Pending the preparation of definitive bonds, the

18  board may issue interim certificates or receipts or temporary

19  notes or bonds, in a form and with such provisions as the

20  board establishes, exchangeable for definitive bonds when the

21  bonds have been executed and are available for delivery.  The

22  board may also provide for the replacement of any bonds that

23  become mutilated, lost, or destroyed.

24         (g)  All bonds issued on behalf of the authority must

25  state on the face thereof that they are payable, both as to

26  principal and interest, solely from assets of the authority

27  pledged therefor and do not constitute an obligation, either

28  general or special, of the state or of any local government.

29         (2)  NEGOTIABILITY OF BONDS.--Any bond issued under

30  this act or any temporary bond, in the absence of an express

31  recital on the face thereof that it is nonnegotiable, is fully

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  1  negotiable and constitutes a negotiable instrument within the

  2  meaning and for all proposes of the law merchant and the laws

  3  of the state.

  4         (3)  BONDS AS LEGAL INVESTMENT OR SECURITY.--

  5         (a)  Notwithstanding any other law to the contrary, all

  6  bonds issued under this act constitute legal investments for

  7  savings banks, banks, trust companies, insurance companies,

  8  executors, administrators, trustees, guardians, and other

  9  fiduciaries and for any board, body, agency, instrumentality,

10  county, municipality, or other political subdivision of the

11  state.

12         (b)  Any bonds issued by the authority are

13  incontestable in the hands of bona fide purchasers or holders

14  for value and are not invalid because of any irregularity or

15  defect in the proceedings for the issue and sale thereof.

16         (4)  COVENANTS.--Any resolution authorizing the

17  issuance of bonds may contain any covenants the board finds

18  advisable.  All the covenants constitute valid and legally

19  binding and enforceable contracts between the authority and

20  the bondholders, regardless of the time of issuance thereof.

21         (5)  ACT FURNISHES FULL AUTHORITY FOR ISSUANCE OF

22  BONDS.--This act constitutes full authority for the issuance

23  of bonds and the exercise of the powers of the authority.  No

24  procedures or proceedings, publications, notices, consents,

25  approvals, orders, acts, or things by the board, or any board,

26  officers, commission, department, agency, or instrumentality

27  of the authority, other than those required by this act, are

28  required to perform anything under this act, except that the

29  issuance or sale of bonds under this act must comply with the

30  general-law requirements applicable to the issuance or sale of

31

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  1  bonds by the authority, including, but not limited to, section

  2  189.4085, Florida Statutes.

  3         (6)  PLEDGE BY THE STATE TO THE BONDHOLDERS OF THE

  4  AUTHORITY.--The state pledges to the holders of any bonds

  5  issued under this act that it will not limit or alter the

  6  rights of the authority to own, acquire, construct, or

  7  reconstruct, improve, maintain, operate, or furnish the

  8  projects or to levy and collect the cruise passenger

  9  surcharge, rentals, rates, fees, and other charges provided

10  for in this act and to fulfill the terms of any agreement made

11  with the holders of the bonds or other obligations and that it

12  will not in any way impair the rights or remedies of the

13  holders.

14         Section 13.  Tax exemption.--The bonds and other

15  obligations issued under this act, their transfer, and the

16  income therefrom, including any profit made on the sale

17  thereof, and all notes, mortgages, security agreements,

18  letters of credit, or other instruments that arise from or are

19  given to secure the repayment of bonds or other obligations

20  issued under this act, are at all times free from taxation by

21  the state or any unit of local government, political

22  subdivision, or other instrumentality of the state.  For

23  purposes of excise taxes on documents, the provisions of

24  section 201.24, Florida Statutes, apply.  The exemption

25  granted by this section does not apply to any tax imposed by

26  chapter 220, Florida Statutes, on interest, income, or profits

27  on debt obligations owned by corporations.

28         Section 14.  Contracts.--Contracts for the construction

29  of projects and for any other purpose of the authority may be

30  awarded by the authority in a manner that will best promote

31  free and open competition, including advertisement for

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  1  competitive bids; however, if the authority determines that

  2  the purposes of this act will be more effectively served

  3  thereby, the authority may award or cause to be awarded

  4  contracts for the construction of any project, including

  5  design-build contracts, or any part thereof, or for any other

  6  purpose of the authority upon a negotiated basis as determined

  7  by the authority.  Each contractor doing business with the

  8  authority and required to be licensed by the state or local

  9  general-purpose governments must maintain the license during

10  the term of the contract with the authority.  The authority

11  may prescribe bid security requirements and other procedures

12  in connection with the award of contracts which protect the

13  public interest. Section 287.055, Florida Statutes, does not

14  apply to the selection of professional architectural,

15  engineering, landscape architectural, or land surveying

16  services by the authority or to the procurement of

17  design-build contracts.  The authority may, and in the case of

18  a new professional sports franchise must, by written contract

19  engage the services of the lessee, sublessee, or purchaser, or

20  prospective lessee, sublessee or purchaser, of any project in

21  the construction of the project and may, and in the case of a

22  new professional sports franchise must, provide in the

23  contract that the lessee, sublessee, purchaser, or prospective

24  lessee, sublessee or purchaser, may act as an agent of, or an

25  independent contractor for, the authority for the performance

26  of the functions described therein, subject to the conditions

27  and requirements prescribed in the contract, including

28  functions such as the acquisition of the site and other real

29  property for the project; the preparation of plans,

30  specifications, financing and contract documents; the award of

31  construction and other contracts upon a competitive or

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  1  negotiated basis; the construction of the project, or any part

  2  thereof, directly by the lessee, purchaser, or prospective

  3  lessee or purchaser; the inspection and supervision of

  4  construction; the employment of engineers, architects,

  5  builders, and other contractors; and the provision of money to

  6  pay the cost thereof pending reimbursement by the authority.

  7  Any such contract may, and in the case of a new professional

  8  sports franchise must, allow the authority to make advances to

  9  or reimburse the lessee, sublessee, or purchaser, or

10  prospective lessee, sublessee, or purchaser for its costs

11  incurred in the performance of those functions, and must set

12  forth the supporting documents required to be submitted to the

13  authority and the reviews, examinations, and audits that are

14  required in connection therewith to assure compliance with the

15  contract.

16         Section 15.  Sale or lease of property.--The authority

17  may sell or lease property of the authority in a manner that

18  will best promote free and open competition, including

19  advertisement for competitive bids; however, if the authority

20  determines that the purposes of this act will be more

21  effectively served, the authority may sell or lease property

22  of the authority upon a negotiated basis or for no or nominal

23  consideration.  Notwithstanding any other law, the authority

24  may sell or lease property of the authority in a transaction

25  in which the authority leases the property back from its

26  purchaser or lessee. To facilitate the development of a

27  project by an authority, any governmental entity or other unit

28  of local government may sell or lease its property to an

29  authority upon a negotiated basis, without competitive bid,

30  and for no or nominal consideration, and an authority may

31

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  1  resell or sublease the property to a professional sports

  2  franchise in the same manner.

  3         Section 16.  Damages arising out of tort.--Any suit or

  4  action brought or maintained against the authority for damages

  5  arising out of tort are subject to the limitations provided in

  6  section 768.28, Florida Statutes, and any claim must be

  7  presented in writing to the board.

  8         Section 17.  Dissolution.--

  9         (1)  Once an authority has been established in an

10  eligible county, its existence is not affected by any

11  subsequent reduction in population or cruise passenger

12  traffic. Subject to subsection (2), an authority may be

13  dissolved only by unanimous resolution of the board and

14  approval of the resolution by the Governor or in the manner

15  provided in chapter 189, Florida Statutes.

16         (2)  A dissolution may not become effective unless

17  arrangements have been made for the full assumption of all

18  governmental services then being provided by the authority,

19  and for the transfer and allocation of revenue, property, and

20  indebtedness of the authority. If any bonds or other

21  obligations of the authority are outstanding, any act of the

22  Legislature dissolving the authority shall set forth the

23  proposed arrangements under which holders of the outstanding

24  obligations will be immediately paid or will continue to be

25  paid, which arrangements must be consistent with the terms of

26  the outstanding obligations. Any resolution of the board or

27  legislative act dissolving the authority must specify the

28  effective date of the dissolution. The consent of the county

29  in which the authority is located is not required to dissolve

30  an authority.

31

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  1         Section 18.  Severability.--If any provision of this

  2  act or the application thereof to any person or circumstance

  3  is held invalid, the invalidity does not affect other

  4  provisions or applications of the act which can be given

  5  effect without the invalid provision or application, and to

  6  this end the provisions of this act are declared severable.

  7         Section 19.  Liberal construction.--This act shall be

  8  liberally construed to effectively carry out its purposes.

  9         Section 20.  This act shall take effect upon becoming a

10  law.

11

12            *****************************************

13                          SENATE SUMMARY

14    Creates the "Port Area Improvement Authority Act" for
      counties with major cruise ship ports. Authorizes the
15    levy of a cruise passenger surcharge and the issuance of
      bonds to finance professional sports facilities or other
16    tourist attractions.

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