Senate Bill 2346e1

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    CS for SB 2346                           First Engrossed (ntc)



  1                      A bill to be entitled

  2         An act relating to port area improvement;

  3         creating the "Community Improvement Authority

  4         Act"; providing legislative findings and

  5         intent; defining terms; providing for the

  6         creation of community improvement authorities

  7         in eligible counties; providing for the

  8         management of authorities; providing for the

  9         powers of an authority; authorizing the use of

10         bonds to fund projects; providing for a tax

11         exemption on bonds; providing for limitations

12         on damages; providing for awarding contracts

13         for the construction of projects; providing for

14         dissolution of an authority; providing

15         severability; providing for liberal

16         construction; providing an effective date.

17

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

19

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

21  "Community Improvement Authority Act."

22         Section 2.  Legislative findings; intent.--

23         (1)  The Legislature finds that certain counties in the

24  state have the need for enhancement of areas surrounding major

25  downtown areas through the improvement of existing facilities

26  and the development of facilities and other attractions,

27  including professional sports facilities, and other related

28  amenities and infrastructure. The Legislature also finds that

29  these projects serve a paramount public purpose and that there

30  is a need to provide a comprehensive method and funding

31  sources for providing for the development and operation of


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    CS for SB 2346                           First Engrossed (ntc)



  1  facilities and other attractions, including professional

  2  sports facilities, and other related amenities and

  3  infrastructure.

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

  5  to prescribe a uniform procedure for establishing independent

  6  authorities for the purpose of planning, financing,

  7  constructing, renovating, developing, operating and

  8  maintaining facilities and other attractions, including

  9  professional sports facilities and other related amenities and

10  infrastructure within highly populated counties of the state

11  and within counties contiguous therewith.

12         (3)  It is the intent of the Legislature that each

13  authority shall take all steps reasonable, necessary, or

14  advisable to generate local support for the development of

15  projects, including professional sports facilities and related

16  amenities and infrastructure, to serve as an intermediary and

17  facilitate negotiations with and among private interests,

18  community organizations, and governmental authorities in

19  connection with the construction or development of such

20  projects, to explore, research, and analyze financing and

21  related alternatives for the construction or development of

22  such projects, and to present findings and recommendations to

23  the appropriate governmental entities with respect to the

24  construction or development of such projects.

25         (4)  Because the independent authorities so created

26  shall be empowered to exercise certain substantial powers and

27  authority in more than one county, it is declared to be the

28  intent of the Legislature that the Community Improvement

29  Authority Act be construed for all purposes as a general law

30  that relates to more than one county and that the independent

31  authorities so created not be deemed to have jurisdiction


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  1  lying wholly within any one county within the meaning of any

  2  constitutional, statutory, or charter provision.

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

  4  term:

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

  6  act.

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

  8  governing body of an authority.

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

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

11  authorized under this act.

12         (4)  "Department" means the Department of Revenue.

13         (5)  "Eligible county" means any county within the

14  state which simultaneously satisfies the following criteria:

15         (a)  At least two professional sports facilities exist

16  in the county, and

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

18  million according to the most recent annual publication of

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

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

21  an eligible county, that county is considered an eligible

22  county for all purposes of this act, notwithstanding

23  subsequent reductions in population.

24         (6)  "Professional sports facility" means a ballpark,

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

26  by a professional sports franchise that exists within the

27  National League or the American League of Major League

28  Baseball, the National Basketball Association, the National

29  Football League, or the National Hockey League.

30         (7)  "Project" means facilities, attractions, and other

31  improvements authorized by this act, including professional


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  1  sports facilities, related amenities and infrastructure, and

  2  systems, facilities, and services determined by an authority

  3  to be beneficial to the development, ownership, and operation

  4  of any of the foregoing, including the acquisition of land and

  5  any interest therein.

  6         (8)  "Refunding bonds" means bonds issued to retire or

  7  refinance outstanding bonds of an authority and the interest

  8  and redemption premium thereon.

  9         (9)  "Revenue bonds" means obligations of an authority

10  or other governmental body which are payable from revenues or

11  other funds derived from sources other than ad valorem taxes

12  on real or tangible personal property.

13         Section 4.  Creation of a community improvement

14  authority; charter.--

15         (1)  A community improvement authority is established

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

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

18  powers set forth in this act to undertake certain activities

19  in counties contiguous with such eligible county. This act

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

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

22  the state. Each authority shall be designated "     County

23  Community Improvement Trust," with the blank space being

24  completed by inserting the name of the eligible county in

25  which the authority is located. Notwithstanding the foregoing,

26  in any eligible county in which an independent port district

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

28  county voting in a referendum held within 10 years immediately

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

30  not be established and no authority shall have jurisdiction or

31


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  1  exercise any powers within such county without an approving

  2  ordinance adopted by such county's governing body.

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

  4  public instrumentality, and an independent special district

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

  6  jurisdiction of which encompasses the applicable eligible

  7  county and each county contiguous therewith, except as

  8  expressly provided herein.

  9         Section 5.  Board of supervisors.--

10         (1)  A board of supervisors shall govern each

11  authority.

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

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

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

15  commission of the eligible county shall appoint three members

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

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

18  projects are proposed to be constructed shall appoint two

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

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

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

22  9 members shall not have been appointed, then the members of

23  the board of such authority who shall have been appointed

24  shall select by majority vote among them at the organizational

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

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

27  authority shall appoint members of the board to succeed those

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

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

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

31  finance, private finance, public accounting, commercial law,


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  1  commercial real estate, real estate development, general

  2  contracting, architecture, and administration of professional

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

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

  5  state.

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

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

  8  Governor has made two appointments to the board. Appointed

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

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

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

12  members appointed by the commission of the eligible county,

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

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

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

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

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

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

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

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

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

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

23  eligible county in which the authority is located.

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

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

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

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

28  compensation but are entitled to reimbursement for travel and

29  per diem expenses in accordance with section 112.061, Florida

30  Statutes.

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

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

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

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

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

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

  7  chair pro-tempore for that meeting.

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

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

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

11  policies of the board.

12         Section 7.  Chief financial officer and other officers;

13  financial records; fiscal year.--

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

15  chief financial officer of the authority, who is responsible

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

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

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

19  financial officer additional powers and duties.

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

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

22  employees of the authority and give them appropriate powers

23  and duties.

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

25  audited by an independent certified public accountant at least

26  once each year.

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

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

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

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

31  proposed budget, including an estimate of all revenues and


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  1  anticipated expenditures, for the following fiscal year to be

  2  submitted to the board for approval or modification. The

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

  4         Section 9.  Powers and duties.--

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

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

  7  generate local support for the development of projects,

  8  including professional sports facilities and related amenities

  9  and infrastructure, to serve as an intermediary and facilitate

10  negotiations with and among private interests, community

11  organizations, and governmental authorities in connection with

12  the construction or development of such projects, and to

13  explore, research, and analyze financing and related

14  alternatives for the construction or development of such

15  projects.

16         (2)  As appropriate, the authority shall present

17  findings and make recommendations to the applicable

18  governmental entity necessary to secure support or action with

19  respect to such recommendations and to secure sources of

20  financing and other funding alternatives for the construction

21  or development of such projects.

22         (3)  In the event an appropriate governmental

23  authority, acting upon the recommendations of the authority,

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

25  construction or development of a project and such source or

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

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

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

29  have been approved by a majority of the qualified electors

30  within the jurisdiction of such governmental authority voting

31


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    CS for SB 2346                           First Engrossed (ntc)



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

  2  to:

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

  4  county or other governmental body, finance, refinance,

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

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

  7  project located in the eligible county or any county

  8  contiguous therewith consisting of one or more facilities and

  9  other attractions and related amenities and infrastructure,

10  including:  professional sports facilities and recreational,

11  commercial, cultural and educational facilities; civic,

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

13  communication, transmission, and production systems and

14  facilities.

15         1.  During the 24-month period following establishment

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

17  a professional sports facility and related amenities and

18  infrastructure, which initiation must be evidenced by adoption

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

20  initiate and promptly implement a professional sports facility

21  project;

22         2.  A professional sports facility may not be

23  constructed outside the eligible county that is intended to

24  accommodate regular season games of a professional sports

25  franchise that exists within the National League or the

26  American League of Major League Baseball, the National

27  Basketball Association, the National Football League, or the

28  National Hockey League; and

29         3.  No other project may be constructed outside the

30  eligible county unless the authority and the county in which

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  1  such facility will be located have entered into an interlocal

  2  agreement with respect to such project.

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

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

  5  renovate, improve, and promote any facilities and

  6  infrastructure within the authority's jurisdictional

  7  boundaries that are reasonably ancillary, incidental, or

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

  9  bridges, parking, and other transportation facilities.

10         (4)  In addition, the board may exercise the power to:

11         (a)  Provide for the protection of persons using the

12  facilities of the authority by contracting to provide police

13  protection, emergency medical services, and fire protection

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

15  county or municipality that provides these services at the

16  time of the establishment of the authority.

17         (b)  Sue and be sued in the name of the authority.

18         (c)  Adopt and use a seal and authorize the use of a

19  facsimile thereof.

20         (d)  Make and execute contracts and other instruments

21  necessary or convenient to the exercise of its powers.

22         (e)  Employ staff and contract for the services of such

23  independent consultants, professionals, managers, and

24  operators as the board finds necessary and convenient.

25         (f)  Maintain offices as the board finds necessary.

26         (g)  Adopt procedures for the conduct of the

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

28  administration of this act.

29         (h)  Accept gifts; apply for and use grants or loans of

30  money or other property from the United States or any

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


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

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

  3  authority purposes and enter into any agreements required in

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

  5  property for any authority purposes in accordance with the

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

  7         (i)  Hold, control, and acquire by donation or

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

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

10  boundaries, for any authority purpose.

11         (j)  Lease as lessor or lessee to or from any person,

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

13  is authorized to undertake and facilities or property of any

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

15  purposes authorized by this act.

16         (k)  Borrow money and issue bonds or other evidence of

17  indebtedness as otherwise provided in this act.

18         (l)  Fix, collect, and enforce fees, rates, or other

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

20  the authority.

21         (m)  Cooperate and contract with other governmental

22  entities and, under an interlocal agreement with such an

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

24  the contracting governmental entity is authorized to undertake

25  and that furthers an authority purpose.

26         (n)  Invest moneys received by the authority as is

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

28  the board.

29         (o)  Procure necessary insurance or self-insure.

30         (p)  Establish such independent entities or affiliated

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


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

  2  considers necessary or appropriate to carry out its projects

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

  4  any portion of the eligible county or any county contiguous

  5  therewith.

  6         (q)  Make grants of authority funds to the eligible

  7  county or any county contiguous therewith or to any

  8  municipality, or any other governmental unit in any such

  9  county if the grant furthers any purpose of the authority.

10         (r)  Exercise all powers necessary, convenient,

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

12  duties, or purposes authorized by this act.

13         Section 10.  Bonds.--

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

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

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

17  including, without limitation, the power to obtain working

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

19  refund any bonds or other indebtedness at the time outstanding

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

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

22  considers advisable.  Bonds may be authorized by resolution of

23  the board.

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

25  any form of financing structure that may become marketable

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

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

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

29  or premium; capital appreciation bonds; bonds that are

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

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


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

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

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

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

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

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

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

  8  or series may be sold at the same time.

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

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

11  for which the moneys derived therefrom may be expended,

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

13  projects; the rates of interest; the denominations of the

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

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

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

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

18  must be made; registration privileges; redemption terms and

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

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

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

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

23  conditions thereof and the establishment of revenue or other

24  funds. The authorizing resolution may further provide for the

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

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

27  authorized. The authorizing resolution may further provide for

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

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

30  lithographed, engraved, or otherwise reproduced in facsimile

31  on the bonds.


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

  2  agreement by and between the authority and corporate trustees,

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

  4  trust company within or outside the state.  Any provisions

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

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

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

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

  9  The resolution authorizing the issuance of the bonds or the

10  trust agreement may pledge any legally available revenues of

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

12  rental payments received by the authority, and may contain

13  such provisions for protecting and enforcing the rights and

14  remedies of the bondholders as the board approves, including,

15  without limitation, covenants authorized under subsection (4)

16  and covenants setting forth the duties of the authority in

17  relation to the acquisition, construction, reconstruction,

18  improvement, maintenance, repair, operation, and insurance of

19  any projects; the fixing and revising of the rates, fees, and

20  charges; and the custody, safeguarding, and application of all

21  moneys, and may contain provisions for the employment of

22  engineers, accountants and other consultants in connection

23  with such acquisition, construction, reconstruction,

24  improvement, maintenance, repair, or operation.  It is lawful

25  for any bank or trust company within or outside the state to

26  act as a depository of the proceeds of bonds or of revenues

27  and to furnish such indemnifying bonds or to pledge such

28  securities as are required by the authority.  The resolution

29  or trust agreement may set forth the rights and remedies of

30  the bondholders and of the trustee, if any, and may restrict

31  the individual rights of action by bondholders. The board may


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  1  provide for the payment of proceeds of the sale of the bonds

  2  and the revenues of any project to any officer, board, or

  3  depository that it designates for the custody thereof and may

  4  provide for the method of disbursement thereof with such

  5  safeguards and restrictions as it establishes.  All expenses

  6  incurred in carrying out the provisions of the resolution or

  7  trust agreement may be treated as part of the cost of a

  8  project to which the trust agreement pertains or as part of

  9  the cost of the operation of the project.

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

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

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

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

14  including franchises or services rendered by any contractor,

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

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

17  determines.

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

19  board may issue interim certificates or receipts or temporary

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

21  board establishes, exchangeable for definitive bonds when the

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

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

24  become mutilated, lost, or destroyed.

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

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

27  principal and interest, solely from assets of the authority

28  pledged therefor and do not constitute an obligation, either

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

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

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


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

  2  negotiable and constitutes a negotiable instrument within the

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

  4  of the state.

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

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

  7  bonds issued under this act constitute legal investments for

  8  savings banks, banks, trust companies, insurance companies,

  9  executors, administrators, trustees, guardians, and other

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

11  county, municipality, or other political subdivision of the

12  state.

13         (b)  Any bonds issued by the authority are

14  incontestable in the hands of bona fide purchasers or holders

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

16  defect in the proceedings for the issue and sale thereof or

17  because of any initiative or referendum taking place after the

18  bonds are issued.

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

20  issuance of bonds may contain any covenants the board finds

21  advisable.  All the covenants constitute valid and legally

22  binding and enforceable contracts between the authority and

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

24         (5)  ACT FURNISHES FULL AUTHORITY FOR ISSUANCE OF

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

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

27  procedures or proceedings, publications, notices, consents,

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

29  officers, commission, department, agency, or instrumentality

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

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


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

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

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

  4  189.4085, Florida Statutes.

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

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

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

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

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

10  projects provided for in this act or hereafter and to fulfill

11  the terms of any agreement made with the holders of the bonds

12  or other obligations and that it will not in any way impair

13  the rights or remedies of the holders.

14         Section 11.  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 12.  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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    CS for SB 2346                           First Engrossed (ntc)



  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 operator, lessee, sublessee, or

20  purchaser, or prospective operator, lessee, sublessee or

21  purchaser, of any project in the construction of the project

22  and may, and in the case of a new professional sports

23  franchise must, provide in the contract that the lessee,

24  sublessee, purchaser, or prospective lessee, sublessee or

25  purchaser, may act as an agent of, or an independent

26  contractor for, the authority for the performance of the

27  functions described therein, subject to the conditions and

28  requirements prescribed in the contract, including functions

29  such as the acquisition of the site and other real property

30  for the project; the preparation of plans, specifications,

31  financing and contract documents; the award of construction


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    CS for SB 2346                           First Engrossed (ntc)



  1  and other contracts upon a competitive or negotiated basis;

  2  the construction of the project, or any part thereof, directly

  3  by the lessee, purchaser, or prospective lessee or purchaser;

  4  the inspection and supervision of construction; the employment

  5  of engineers, architects, builders, and other contractors; and

  6  the provision of money to pay the cost thereof pending

  7  reimbursement by the authority.  Any such contract may, and in

  8  the case of a new professional sports franchise must, allow

  9  the authority to make advances to or reimburse the lessee,

10  sublessee, or purchaser, or prospective lessee, sublessee, or

11  purchaser for its costs incurred in the performance of those

12  functions, and must set forth the supporting documents

13  required to be submitted to the authority and the reviews,

14  examinations, and audits that are required in connection

15  therewith to assure compliance with the contract.

16         Section 13.  Sale or lease of property.--The authority

17  may sell or lease property of the authority or grant operating

18  agreements for any project of the authority in a manner that

19  will best promote free and open competition, including

20  advertisement for competitive bids; however, if the authority

21  determines that the purposes of this act will be more

22  effectively served, the authority may sell or lease property

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

24  consideration.  Notwithstanding any other law, the authority

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

26  in which the authority leases the property back from its

27  purchaser or lessee. To facilitate the development of a

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

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

30  authority upon a negotiated basis, without competitive bid,

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


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    CS for SB 2346                           First Engrossed (ntc)



  1  resell or sublease or grant an operating agreement for the

  2  property to a professional sports franchise in the same

  3  manner.

  4         Section 14.  Damages arising out of tort.--Any suit or

  5  action brought or maintained against the authority for damages

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

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

  8  presented in writing to the board.

  9         Section 15.  Dissolution.--

10         (1)  Once an authority has been established its

11  existence is not affected by any subsequent reduction in

12  population in the eligible county. Subject to subsection (2),

13  an authority may be dissolved only by unanimous resolution of

14  the board and approval of the resolution by the Governor or in

15  the manner provided in chapter 189, Florida Statutes;

16  provided, however, that an authority shall be dissolved

17  automatically upon the fifth anniversary of the date it was

18  established in the event that construction has not commenced

19  on any project, including a professional sports facility or

20  other related amenities and infrastructure.

21         (2)  A dissolution may not become effective unless

22  arrangements have been made for the full assumption of all

23  governmental services then being provided by the authority,

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

25  indebtedness of the authority. If any bonds or other

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

27  Legislature dissolving the authority shall set forth the

28  proposed arrangements under which holders of the outstanding

29  obligations will be immediately paid or will continue to be

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

31  the outstanding obligations. Any resolution of the board or


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    CS for SB 2346                           First Engrossed (ntc)



  1  legislative act dissolving the authority must specify the

  2  effective date of the dissolution. Neither the consent of the

  3  eligible county nor the consent of any county contiguous

  4  therewith is required to dissolve an authority.

  5         Section 16.  Severability.--If any provision of this

  6  act or the application thereof to any person or circumstance

  7  is held invalid, the invalidity does not affect other

  8  provisions or applications of the act which can be given

  9  effect without the invalid provision or application, and to

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

11         Section 17.  Liberal construction.--This act shall be

12  liberally construed to effectively carry out its purposes.

13         Section 18.  This act shall take effect upon becoming a

14  law.

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