House Bill 2413

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    Florida House of Representatives - 2000                HB 2413

        By Representatives Cantens, Fasano, Villalobos, Cosgrove,
    Roberts, Garcia and Rojas





  1                      A bill to be entitled

  2         An act relating to community improvements;

  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 are substantially affected by the tourism industry and

25  other tourism-related activities and have the need for

26  enhancement of areas surrounding major downtown areas through

27  the improvement of existing facilities and the development of

28  tourism-oriented facilities and other attractions, including

29  professional sports facilities, and other related amenities

30  and infrastructure. The Legislature also finds that these

31  projects serve a paramount public purpose and that there is a

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  1  need to provide a comprehensive method and funding sources for

  2  providing for the development and operation of

  3  tourism-oriented facilities and other attractions, including

  4  professional sports facilities, and other related amenities

  5  and infrastructure.

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

  7  to prescribe a uniform procedure for establishing independent

  8  authorities for the purpose of planning, financing,

  9  constructing, renovating, developing, operating, and

10  maintaining tourism-oriented facilities and other attractions,

11  including professional sports facilities and other related

12  amenities and infrastructure, within highly populated counties

13  of the state and within counties contiguous therewith.

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.

22         (4)  It is the intent of the Legislature that such

23  authorities shall take all steps reasonable, necessary, or

24  advisable to generate local support for the development of

25  projects, including professional sports facilities and related

26  amenities and infrastructure, to serve as an intermediary and

27  facilitate negotiations with and among private interests,

28  community organizations, and governmental authorities in

29  connection with the construction or development of such

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

31  related alternatives for the construction or development of

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  1  such projects, and to present findings and recommendations to

  2  the appropriate governmental entities with respect to the

  3  construction or development of such projects.

  4         (5)  Because the independent authorities so created

  5  shall be empowered to exercise certain substantial powers and

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

  7  intent of the Legislature that the Community Improvement

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

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

10  authorities so created not be deemed to have jurisdiction

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

12  constitutional, statutory, or charter provision.

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

14  term:

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

16  act.

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

18  governing body of an authority.

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

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

21  authorized under this act.

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

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

24  state which simultaneously satisfies the following criteria:

25         (a)  At least two professional sports facilities exist

26  in the county, and

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

28  million according to the most recent annual publication of

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

30

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

  2  an eligible county, that county is considered an eligible

  3  county for all purposes of this act, notwithstanding

  4  subsequent reductions in population.

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

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

  7  by a professional sports franchise that exists within the

  8  National League or the American League of Major League

  9  Baseball, the National Basketball Association, the National

10  Football League, or the National Hockey League.

11         (7)  "Project" means tourism-oriented facilities,

12  attractions, and other improvements authorized by this act,

13  including professional sports facilities, related amenities

14  and infrastructure, and systems, facilities, and services

15  determined by an authority to be beneficial to the

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

17  including the acquisition of land and any interest therein.

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

19  refinance outstanding bonds of an authority and the interest

20  and redemption premium thereon.

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

22  which are payable from revenues or other funds derived from

23  sources other than ad valorem taxes on real or tangible

24  personal property.

25         Section 4.  Creation of a community improvement

26  authority; charter.--

27         (1)  A community improvement authority is established

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

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

30  powers set forth in this act to undertake certain activities

31  in counties contiguous with such eligible county. This act

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  1  constitutes the charter of each such authority. Each authority

  2  shall be designated "     County Community Improvement Trust,"

  3  with the blank space being completed by inserting the name of

  4  the eligible county in which the authority is located.

  5  Notwithstanding the foregoing, in any eligible county in which

  6  an independent port district was abolished with support of the

  7  majority of electors of that county voting in a referendum

  8  held within 10 years immediately preceding the effective date

  9  of this act, an authority shall not be established and no

10  authority shall have jurisdiction or exercise any powers

11  within such county without an approving ordinance adopted by

12  such county's governing body.

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

14  public instrumentality, and an independent special district

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

16  jurisdiction of which encompasses the applicable eligible

17  county and each county contiguous therewith, except as

18  expressly provided herein.

19         Section 5.  Board of supervisors.--

20         (1)  A board of supervisors shall govern each

21  authority.

22         (2)  The board shall be composed of nine members.

23  Within 60 days after an authority is established, the Governor

24  shall select a total of 4 appointments to the board, one of

25  whom shall be the chair; the county commission of the eligible

26  county shall select a total of 3 appointments to the board;

27  and the city commission of the city within which the projects

28  are proposed to be constructed shall appoint 2 members of the

29  board. Each appointing authority shall appoint members of the

30  board to succeed those whose terms are expiring not less than

31  60 days before the expiration of such term. All members of the

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

  2  areas: public finance, private finance, public accounting,

  3  commercial law, commercial real estate, real estate

  4  development, general contracting, architecture, and

  5  administration of professional sports team operations. A

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

  7  an elected public office in the state.

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

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

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

11  4 years or until their successors take office, except that two

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

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

14  2 years.  If during a member's term of office a vacancy

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

16  the remainder of the term.

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

18  eligible county in which the authority is located.

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

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

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

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

23  compensation but are entitled to reimbursement for travel and

24  per diem expenses in accordance with section 112.061, Florida

25  Statutes.

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

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

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

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

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

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

  2  chair pro tempore for that meeting.

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

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

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

  6  administer the policies of the board.

  7         Section 7.  Chief financial officer and other officers;

  8  financial records; fiscal year.--

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

10  chief financial officer of the authority, who is responsible

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

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

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

14  financial officer additional powers and duties.

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

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

17  employees of the authority and give them appropriate powers

18  and duties.

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

20  audited by an independent certified public accountant at least

21  once each year.

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

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

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

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

26  proposed budget, including an estimate of all revenues and

27  anticipated expenditures, for the following fiscal year to be

28  submitted to the board for approval or modification. The

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

30         Section 9.  Powers and duties.--

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

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

  3  generate local support for the development of projects,

  4  including professional sports facilities and related amenities

  5  and infrastructure, to serve as an intermediary and facilitate

  6  negotiations with and among private interests, community

  7  organizations, and governmental authorities in connection with

  8  the construction or development of such projects, and to

  9  explore, research, and analyze financing and related

10  alternatives for the construction or development of such

11  projects.

12         (2)  As appropriate, the authority shall present

13  findings and make recommendations to the applicable

14  governmental entity necessary to secure support or action with

15  respect to such recommendations and to secure sources of

16  financing and other funding alternatives for the construction

17  or development of such projects.

18         (3)  In the event an appropriate governmental authority

19  has acted upon the recommendations of the authority then each

20  authority has, and the board may exercise, the power to:

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

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

23  renovate, improve, and promote any project located in the

24  eligible county or any county contiguous therewith consisting

25  of one or more tourism-oriented facilities and other

26  attractions and related amenities and infrastructure,

27  including:  professional sports facilities and recreational,

28  commercial, cultural and educational facilities; civic,

29  multipurpose meeting facilities; and all forms of media

30  communication, transmission, and production systems and

31  facilities.

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  1         1.  During the 24-month period following establishment

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

  3  a professional sports facility and related amenities and

  4  infrastructure, which initiation must be evidenced by adoption

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

  6  initiate and promptly implement a professional sports facility

  7  project.

  8         2.  A professional sports facility may not be

  9  constructed outside the eligible county that is intended to

10  accommodate regular season games of a professional sports

11  franchise that exists within the National League or the

12  American League of Major League Baseball, the National

13  Basketball Association, the National Football League, or the

14  National Hockey League.

15         3.  No other project may be constructed outside the

16  eligible county unless the authority and the county in which

17  such facility will be located have entered into an interlocal

18  agreement with respect to such project.

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

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

21  renovate, improve, and promote any facilities and

22  infrastructure within the authority's jurisdictional

23  boundaries that are reasonably ancillary, incidental, or

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

25  bridges, parking, and other transportation facilities.

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

27  facilities of the authority by contracting to provide police

28  protection, emergency medical services, and fire protection

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

30  county or municipality that provides these services at the

31  time of the establishment of the authority.

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

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

  3  facsimile thereof.

  4         (f)  Make and execute contracts and other instruments

  5  necessary or convenient to the exercise of its powers.

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

  7  independent consultants, professionals, managers, and

  8  operators as the board finds necessary and convenient.

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

10         (i)  Adopt procedures for the conduct of the

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

12  administration of this act.

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

14  money or other property from the United States or any

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

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

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

18  authority purposes and enter into any agreements required in

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

20  property for any authority purposes in accordance with the

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

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

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

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

25  boundaries, for any authority purpose.

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

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

28  is authorized to undertake and facilities or property of any

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

30  purposes authorized by this act.

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

  2  indebtedness as otherwise provided in this act.

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

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

  5  the authority.

  6         (o)  Cooperate and contract with other governmental

  7  entities and, under an interlocal agreement with such an

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

  9  the contracting governmental entity is authorized to undertake

10  and that furthers an authority purpose.

11         (p)  Invest moneys received by the authority as is

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

13  the board.

14         (q)  Procure necessary insurance or self-insure.

15         (r)  Establish such independent entities or affiliated

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

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

18  considers necessary or appropriate to carry out its projects

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

20  any portion of the eligible county or any county contiguous

21  therewith.

22         (s)  Make grants of authority funds to the eligible

23  county or any county contiguous therewith or to any

24  municipality, or any other governmental unit in any such

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

26         (t)  Exercise all powers necessary, convenient,

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

28  duties, or purposes authorized by this act.

29         Section 10.  Bonds.--

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

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

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

  3  including, without limitation, the power to obtain working

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

  5  refund any bonds or other indebtedness at the time outstanding

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

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

  8  considers advisable.  Bonds may be authorized by resolution of

  9  the board.

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

11  any form of financing structure that may become marketable

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

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

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

15  or premium; capital appreciation bonds; bonds that are

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

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

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

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

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

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

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

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

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

25  or series may be sold at the same time.

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

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

28  for which the moneys derived therefrom may be expended,

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

30  projects; the rates of interest; the denominations of the

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

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

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

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

  4  must be made; registration privileges; redemption terms and

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

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

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

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

  9  conditions thereof and the establishment of revenue or other

10  funds. The authorizing resolution may further provide for the

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

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

13  authorized. The authorizing resolution may further provide for

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

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

16  lithographed, engraved, or otherwise reproduced in facsimile

17  on the bonds.

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

19  agreement by and between the authority and corporate trustees,

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

21  trust company within or outside the state.  Any provisions

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

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

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

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

26  The resolution authorizing the issuance of the bonds or the

27  trust agreement may pledge any legally available revenues of

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

29  rental payments received by the authority, and may contain

30  such provisions for protecting and enforcing the rights and

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

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  1  without limitation, covenants authorized under subsection (4)

  2  and covenants setting forth the duties of the authority in

  3  relation to the acquisition, construction, reconstruction,

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

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

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

  7  moneys, and may contain provisions for the employment of

  8  engineers, accountants and other consultants in connection

  9  with such acquisition, construction, reconstruction,

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

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

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

13  and to furnish such indemnifying bonds or to pledge such

14  securities as are required by the authority.  The resolution

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

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

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

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

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

20  depository that it designates for the custody thereof and may

21  provide for the method of disbursement thereof with such

22  safeguards and restrictions as it establishes.  All expenses

23  incurred in carrying out the provisions of the resolution or

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

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

26  the cost of the operation of the project.

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

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

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

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

31  including franchises or services rendered by any contractor,

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

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

  3  determines.

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

  5  board may issue interim certificates or receipts or temporary

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

  7  board establishes, exchangeable for definitive bonds when the

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

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

10  become mutilated, lost, or destroyed.

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

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

13  principal and interest, solely from assets of the authority

14  pledged therefor and do not constitute an obligation, either

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

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

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

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

19  negotiable and constitutes a negotiable instrument within the

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

21  of the state.

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

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

24  bonds issued under this act constitute legal investments for

25  savings banks, banks, trust companies, insurance companies,

26  executors, administrators, trustees, guardians, and other

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

28  county, municipality, or other political subdivision of the

29  state.

30         (b)  Any bonds issued by the authority are

31  incontestable in the hands of bona fide purchasers or holders

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

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

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

  4  issuance of bonds may contain any covenants the board finds

  5  advisable.  All the covenants constitute valid and legally

  6  binding and enforceable contracts between the authority and

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

  8         (5)  ACT FURNISHES FULL AUTHORITY FOR ISSUANCE OF

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

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

11  procedures or proceedings, publications, notices, consents,

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

13  officers, commission, department, agency, or instrumentality

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

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

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

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

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

19  189.4085, Florida Statutes.

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

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

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

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

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

25  projects, rentals, rates, fees, and other charges provided for

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

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

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

29  holders.

30         Section 11.  Tax exemption.--The bonds and other

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

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  1  income therefrom, including any profit made on the sale

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

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

  4  given to secure the repayment of bonds or other obligations

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

  6  the state or any unit of local government, political

  7  subdivision, or other instrumentality of the state.  For

  8  purposes of excise taxes on documents, the provisions of

  9  section 201.24, Florida Statutes, apply.  The exemption

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

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

12  on debt obligations owned by corporations.

13         Section 12.  Contracts.--Contracts for the construction

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

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

16  free and open competition, including advertisement for

17  competitive bids; however, if the authority determines that

18  the purposes of this act will be more effectively served

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

20  contracts for the construction of any project, including

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

22  purpose of the authority upon a negotiated basis as determined

23  by the authority.  Each contractor doing business with the

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

25  general-purpose governments must maintain the license during

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

27  may prescribe bid security requirements and other procedures

28  in connection with the award of contracts which protect the

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

30  apply to the selection of professional architectural,

31  engineering, landscape architectural, or land surveying

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  1  services by the authority or to the procurement of

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

  3  a new professional sports franchise must, by written contract

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

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

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

  7  new professional sports franchise must, provide in the

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

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

10  independent contractor for, the authority for the performance

11  of the functions described therein, subject to the conditions

12  and requirements prescribed in the contract, including

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

14  property for the project; the preparation of plans,

15  specifications, financing and contract documents; the award of

16  construction and other contracts upon a competitive or

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

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

19  lessee or purchaser; the inspection and supervision of

20  construction; the employment of engineers, architects,

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

22  pay the cost thereof pending reimbursement by the authority.

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

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

25  or reimburse the lessee, sublessee, or purchaser, or

26  prospective lessee, sublessee, or purchaser for its costs

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

28  forth the supporting documents required to be submitted to the

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

30  required in connection therewith to assure compliance with the

31  contract.

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

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

  3  will best promote free and open competition, including

  4  advertisement for competitive bids; however, if the authority

  5  determines that the purposes of this act will be more

  6  effectively served, the authority may sell or lease property

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

  8  consideration.  Notwithstanding any other law, the authority

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

10  in which the authority leases the property back from its

11  purchaser or lessee. To facilitate the development of a

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

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

14  authority upon a negotiated basis, without competitive bid,

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

16  resell or sublease the property to a professional sports

17  franchise in the same manner.

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

19  action brought or maintained against the authority for damages

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

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

22  presented in writing to the board.

23         Section 15.  Dissolution.--

24         (1)  Once an authority has been established its

25  existence is not affected by any subsequent reduction in

26  population or cruise passenger traffic in the eligible county.

27  Subject to subsection (2), an authority may be dissolved only

28  by unanimous resolution of the board and approval of the

29  resolution by the Governor or in the manner provided in

30  chapter 189, Florida Statutes; provided, however, that an

31  authority shall be dissolved automatically upon the fifth

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  1  anniversary of the date it was established in the event that

  2  construction has not commenced on any project, including a

  3  professional sports facility or other related amenities and

  4  infrastructure.

  5         (2)  A dissolution may not become effective unless

  6  arrangements have been made for the full assumption of all

  7  governmental services then being provided by the authority,

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

  9  indebtedness of the authority. If any bonds or other

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

11  Legislature dissolving the authority shall set forth the

12  proposed arrangements under which holders of the outstanding

13  obligations will be immediately paid or will continue to be

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

15  the outstanding obligations. Any resolution of the board or

16  legislative act dissolving the authority must specify the

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

18  eligible county nor the consent of any county contiguous

19  therewith is required to dissolve an authority.

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

21  act or the application thereof to any person or circumstance

22  is held invalid, the invalidity does not affect other

23  provisions or applications of the act which can be given

24  effect without the invalid provision or application, and to

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

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

27  liberally construed to effectively carry out its purposes.

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

29  law.

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  2                          HOUSE SUMMARY

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      Creates the "Community Improvement Authority Act."
  4    Provides for the creation of community improvement
      authorities in eligible counties.
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