House Bill 0751

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    Florida House of Representatives - 2000                 HB 751

        By Representative Rojas






  1                      A bill to be entitled

  2         An act relating to the Florida Sports

  3         Authority; creating the "Florida Sports

  4         Authority Law"; providing a declaration of

  5         policy; providing definitions; creating the

  6         Florida Sports Authority; providing for

  7         appointment of members; providing for powers

  8         and duties; providing for the submission of an

  9         annual budget to the state; providing for the

10         recordation of the budget in minutes; providing

11         for an audit contract; providing for authority

12         projects; providing for revenue application;

13         providing for authority to operate a Florida

14         Sports Hall of Fame; providing for consultation

15         with local officials; authorizing the authority

16         to apply for and obtain a pari-mutuel wagering

17         permit; providing for the distribution of

18         revenues; providing for employees; providing

19         conditions for the relocation of public

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

21         and the regulation of public facilities by the

22         authority under certain circumstances;

23         providing for eminent domain; providing for the

24         issuance and terms of bonds or notes; providing

25         for covenants to secure payment; providing for

26         the pledge of revenues, funds, or other

27         property; providing for certain liens;

28         providing limitations on personal liability;

29         providing for the establishment of reserves,

30         funds, or accounts; providing for debt service

31         reserve funds; providing a limitation on the

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  1         issuance of bonds; providing for the

  2         accumulation of certain moneys; providing for

  3         the nonliability of the state or its political

  4         subdivisions; providing for the right of the

  5         state to require redemption prior to maturity;

  6         providing for the Sports Authority Fund;

  7         providing for other bonds and notes; providing

  8         for luxury tax revenues; providing for

  9         guarantee by the state not to limit or alter

10         rights or powers vested in the authority;

11         providing for authorization as legal investment

12         or security for public deposits; providing for

13         the lease or conveyance of land by the state or

14         governmental subdivision; providing for tax

15         exemptions for certain projects and property of

16         the authority; providing for an annual report

17         and audit; providing for services by state

18         officers, departments, boards, agencies,

19         divisions, and commissions; providing for

20         public bids on certain contracts; providing for

21         set-aside contract goals; providing for

22         exemptions; providing for the award of certain

23         contracts without public advertisement;

24         providing for work by employees of the

25         authority; providing for the effect of certain

26         inconsistent rules; providing for severability;

27         providing for the construction of the act;

28         providing for legislative findings and

29         declarations; providing for the acquisition,

30         operation, maintenance, repair, reconstruction,

31         and improvement of a pari-mutuel wagering

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  1         facility by the authority; providing for a

  2         feasibility study; providing for approval by

  3         the Legislature; providing for the conduct of

  4         pari-mutuel wagering events and pari-mutuel

  5         wagering; providing an effective date.

  6

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

  8

  9         Section 1.  Short title.--This act shall be known and

10  may be cited as the "Florida Sports Authority Law."

11         Section 2.  Declaration of policy.--

12         (1)  The Legislature finds and declares that the

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

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

15  pari-mutuel wagering events, and other spectator sporting

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

17  necessary to provide stadiums and related facilities for

18  pari-mutuel wagering and such spectator sporting events and

19  other events described herein; and that such events would

20  provide needed recreation, forums, and expositions for the

21  public.

22         (2)  The Legislature further finds and declares that

23  additional facilities are needed in the state to accommodate

24  trade shows and other expositions in order to promote industry

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

26  events.

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

28  the events, including the establishment and operation of

29  necessary facilities for such purposes, a corporate agency of

30  the state shall be created with the necessary powers to

31  accomplish these purposes.

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  1         (4)  The Legislature further finds that the authority

  2  and powers conferred under this act and the expenditure of

  3  public moneys pursuant thereto constitutes a valid public

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

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

  6  of express legislative determination.

  7         Section 3.  Definitions.--As used in this act:

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

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

10  created by the act.

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

12  pursuant to the act.

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

14  authorized by the act.

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

16         (6)  "Projects" means any project which the authority

17  is authorized to undertake.

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

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

20  credit agreement, agreement establishing a line of credit,

21  letter of credit, reimbursement agreement, interest exchange

22  agreement, insurance contract, surety bond, commitment to

23  purchase bond, purchase or sale agreement, or commitments or

24  other contracts or agreements authorized and approved by the

25  authority in connection with the authorization, issuance,

26  security, or payment of bonds.

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

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

29         (10)  "Tourism related tax" means the tax levied and

30  collected pursuant to any tourism improvement and development

31  district.

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  1         Section 4.  Florida Sports Authority created.--

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

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

  4  corporate succession, to be known as the Florida Sports

  5  Authority. The authority is constituted as an instrumentality

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

  7  conferred by this act is deemed to be an essential

  8  governmental function of the state, and the application of

  9  revenue derived from the projects of the authority to the

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

11  government.

12         (2)  The authority shall consist of the State

13  Treasurer, the Secretary of State, the President of the

14  Florida Sports Authority, three members appointed by the

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

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

17  members appointed by the Speaker of the House of

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

19  members first appointed by the Governor shall serve for terms

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

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

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

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

24  membership occurring other than by expiration of term shall be

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

26  manner as the original appointment.

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

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

29  suspended by the Governor pending the completion of such

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

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

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

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

  3  office of the Secretary of State.

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

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

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

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

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

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

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

11  meeting thereof. Action may be taken and motions and

12  resolutions adopted at any meeting by the affirmative vote of

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

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

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

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

17  to be conditioned upon the faithful performance of the duties

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

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

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

21  thereafter, the members and the treasurer shall maintain such

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

23  be borne by the authority.

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

25  compensation, but the authority shall reimburse its members

26  for actual expenses necessarily incurred in the discharge of

27  their duties pursuant to s. 112.061, Florida Statutes.

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

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

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

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

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

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

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

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

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

  6  designation shall be in writing delivered to the authority and

  7  shall continue in effect until revoked or amended by writing

  8  delivered to the authority.

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

10  Legislature on condition that the authority has no debts or

11  obligations outstanding or that provision has been made for

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

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

14  authority shall be vested in the state.

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

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

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

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

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

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

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

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

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

24  the Governor by this subsection shall be exercised with due

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

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

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

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

29  representative or officer of the authority to carry out and

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

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

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

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

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

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

  5         (1)  To sue and be sued.

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

  7  pleasure.

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

  9  internal management and for the conduct of its affairs and

10  business.

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

12  within the state as it may determine.

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

14  revenues, funds, and moneys.

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

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

17  purposes.

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

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

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

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

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

23  thereof.

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

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

26  part thereof or which are necessary or incidental to the

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

28  the act.

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

30  the cost of its projects.

31

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

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

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

  4  construction contracts, purchase orders, and other contracts

  5  with respect thereto in such manner as the authority shall

  6  determine.

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

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

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

10  for admission thereto, and for the grant of concessions

11  therein and for things furnished or services rendered by the

12  authority.

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

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

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

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

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

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

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

20  land and other property which it may determine is reasonably

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

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

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

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

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

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

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

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

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

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

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

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

  2  eminent domain in connection with projects that are authorized

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

  4  municipality.

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

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

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

  8  furnishing of services and things for the accommodation of

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

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

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

12  pari-mutuel system of wagering at such meetings.

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

14  improve, and make capital contributions to others and for

15  transportation and other facilities, services, and

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

17  lease or otherwise contract for the operation thereof.

18         (17)  Subject to any agreement with bondholders or

19  noteholders, to invest moneys of the authority not required

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

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

22  investments as the authority deems prudent.

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

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

25  form from the Federal Government or any agency or

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

27  instrumentality, or political subdivision thereof, or from any

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

29  act, with the terms and conditions thereof.

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

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

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

  2  cancel, or resell such bonds or notes.

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

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

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

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

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

  8  require, and to determine their qualifications, terms of

  9  office, duties, and compensation.

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

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

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

13  corporation.

14         (22)  To procure insurance against any losses in

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

16  amounts and from such insurers as it deems desirable.

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

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

19  corporations, necessary or convenient to carry out its

20  purposes and exercise the powers granted by this act.

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

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

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

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

25  similar regulation heretofore or hereafter adopted by the

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

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

28         Section 6.  Annual operating budget submission to

29  state; recordation in minutes.--

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

31  the State Treasurer and the authority, the proposed annual

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  1  operating budget of the authority and the capital budgets for

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

  3  shall be submitted to the State Treasurer and the Legislature

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

  5  provide the State Treasurer, the Budget Committee of the

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

  7  Representatives adequate time to provide comments with respect

  8  thereto.

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

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

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

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

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

14  consultation with the Florida Sports Authority, shall enter

15  into a contract with a person qualified to conduct an

16  independent operations and financial audit of the authority

17  and may prescribe any supporting documentation to be provided

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

19  that recommendations be made regarding a reasonable operations

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

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

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

23  of Representatives.

24         Section 8.  Authority projects.--

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

26  conjunction with others, to perform the following functions,

27  provided that, with respect to any function performed in

28  conjunction with others, the authority shall have sufficient

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

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

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

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

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

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

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

  5  playing fields, recreation centers, courts, gymnasiums,

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

  7  wagering, and other buildings, structures, facilities,

  8  properties, and appurtenances related to, incidental to,

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

10  holding of athletic contests or other sporting events, or

11  trade shows, exhibitions, spectacles, public meetings,

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

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

14  parks, recreation areas, lodging facilities, vending

15  facilities, restaurants, transportation structures, systems,

16  and facilities, and equipment, furnishings, and all other

17  structures and appurtenant facilities, related to, incidental

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

19  project or any facility thereof.

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

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

22  reconstruct, restore, improve, and otherwise effectuate,

23  either directly or indirectly through lessees, licensees, or

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

25  baseball stadiums for the conduct of major league or minor

26  league baseball and other buildings, structures, facilities,

27  properties, and appurtenances related thereto, or incidental

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

29  the holding of professional baseball games and other athletic

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

31  spectacles, public meetings, entertainment events, or other

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  1  expositions, such projects to include driveways, roads,

  2  approaches, parking areas, parks, recreation areas, vending

  3  facilities, restaurants, transportation structures, systems,

  4  and facilities, and equipment, furnishings, and all other

  5  structures and appurtenant facilities related to, incidental

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

  7  project or any facility thereof.

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

  9  operate, manage, promote, maintain, repair, reconstruct,

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

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

12  consisting of an exposition or entertainment center or hotel

13  or office complex, including any buildings, structures,

14  properties, and appurtenances related thereto, incidental

15  thereto, necessary therefor, or complementary thereto, such

16  project to include driveways, roads, approaches, parking

17  areas, parks, recreation areas, vending facilities,

18  restaurants, transportation structures, systems, and

19  equipment, furnishings, and all other structures and

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

21  complementary to the purposes of the project. A project

22  authorized under this subsection may be located within,

23  immediately contiguous to, or immediately across any public

24  road which borders the site of any other project of the

25  authority.

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

27  operate, manage, promote, maintain, repair, reconstruct,

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

29  indirectly through lessees, licensees, or agents, projects

30  consisting of pari-mutuel wagering facilities located within

31  the state, their contiguous properties, and their auxiliary

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  1  facilities, including, without limitation, pavilions, stands,

  2  field houses, clubhouses, training tracks, meeting,

  3  fairgrounds, and other exposition facilities, and other

  4  buildings, structures, facilities, properties, and

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

  6  complementary to a complex suitable for the holding of such

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

  8  spectacles, public meetings, entertainment events, or other

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

10  approaches, parking areas, parks, recreation areas, lodging

11  facilities, vending facilities, restaurants, transportation

12  structures, systems, and facilities, equipment, furnishings,

13  and all other structures and appurtenant facilities related

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

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

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

17  acquire any existing pari-mutuel wagering facility in and

18  licensed by the state on the condition that payments

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

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

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

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

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

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

25  such payments commensurate with the amount required to be paid

26  by the subsequent owner of the lands and improvements disposed

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

28  responsible for paying all existing local franchise fees,

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

30  the acquisition.

31

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

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

  3  part, either directly or indirectly through lessees,

  4  licensees, or agents, projects consisting of events,

  5  expositions, teams, team franchises, or membership in

  6  professional sports leagues.

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

  8  operate, manage, promote, maintain, repair, reconstruct,

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

10  indirectly through lessees, licensees, or agents, projects

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

12  that are related to, incidental to, necessary for, or

13  complementary to the accomplishment or purpose of any project

14  of the authority authorized by this section, including any

15  buildings, structures, properties, and appurtenances related

16  thereto, incidental thereto, necessary therefor, or

17  complementary thereto, such projects to include driveways,

18  roads, approaches, parking areas, parks, recreation areas,

19  vending facilities, restaurants, transportation structures,

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

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

22  complementary to the purposes of those projects.

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

24  reconstruct, improve, and otherwise effectuate for transfer

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

26  either directly or indirectly through lessees, licensees, or

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

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

29  consisting of upgraded and expanded football stadiums and new

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

31  buildings, structures, properties, and appurtenances related

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

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

  3  lacrosse facilities, such facilities to include driveways,

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

  5  areas, vending facilities, restaurants, transportation

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

  7  structures and appurtenances related or incidental to,

  8  necessary for, or complementary to the purposes of those

  9  facilities.

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

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

12  reconstruct, restore, improve, enlarge, or otherwise

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

14  agents, a convention center project consisting of any existing

15  convention halls and any new convention halls or centers and

16  associated parking areas and railroad terminal facilities and

17  including the leasing of adjacent land for hotel facilities.

18  In connection therewith, the authority is authorized to:

19         1.  Assume existing leasehold or other contractual

20  obligations pertaining to any such facilities or properties or

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

22  and obligations of the governmental entity operating any such

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

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

25  tax revenues.

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

27  respect to infrastructure and site development for properties

28  located in the area between the sites of an existing

29  convention hall and a new convention center or located

30  contiguous to or across any public road which borders the

31  area.

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  1         (j)  To provide funding to public institutions of

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

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

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

  5  institution, consisting of sports facilities and the

  6  buildings, structures, properties, and appurtenances related

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

  8  those sports facilities, such facilities to include driveways,

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

10  areas, vending facilities, restaurants, transportation

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

12  structures and appurtenances related or incidental to,

13  necessary for, or complementary to the purposes of those

14  facilities.

15         (2)  The authority is further authorized to:

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

17  contributions to others for transportation and other

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

19  those projects.

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

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

22  projects, for purposes determined by the authority to be

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

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

25  for transients and other facilities related to or incidental

26  to any of those projects.

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

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

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

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

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

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  1  disposition to the state, any political subdivision of the

  2  state or any agency or instrumentality of the state.

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

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

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

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

  7  resolutions authorizing or relating to the issuance of bonds

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

  9  the following order:

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

11  complex or facility and reserves therefor.

12         (2)  Principal, sinking fund installments, and

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

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

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

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

17  and payments with respect to credit agreements therefor.

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

19  renewals, or replacements with respect to any complex or

20  incidental improvements thereto, not paid pursuant to

21  subsection (1), including reserves therefor.

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

23  bonds or notes are provided with priority in accordance with

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

25  resolution authorizing or relating to the issuance of bonds or

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

27  authorized by this act.

28         (5)  Payments required to repay any obligation incurred

29  by the authority to the state.

30         (6)  The balance remaining after application in

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

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

  2  appropriated from the amount so deposited an amount calculated

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

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

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

  6  by the state.

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

  8  the operation or ownership of any project other than a

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

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

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

12  resolution authorizing or relating to the issuance of bonds or

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

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

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

16  following order:

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

18  and the authority.

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

20         (c)  Any balance remaining shall be deposited in the

21  General Revenue Fund.

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

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

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

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

26  to the conditions as provided in the resolution authorizing or

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

28  for such baseball stadium or office complex located on the

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

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

31

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  1  to or inconsistent with the resolution, to the following

  2  purposes in the following order:

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

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

  5  the baseball stadium, and reserves therefor.

  6         (b)  Payments made on the bonded indebtedness incurred

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

  8  located on the site of a baseball stadium.

  9         (c)  Any balance remaining shall be deposited in the

10  General Revenue Fund.

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

12  Sports Authority is authorized to operate a Florida Sports

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

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

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

16  the rights and powers were granted under this act.

17         Section 11.  Consultation with local

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

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

20  herein or acquired by the authority shall be developed only

21  after consultation with local officials and after giving

22  consideration to local objections, problems, and suggestions

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

24  ordinances, and other development regulations of the

25  municipality or municipalities in which the project is to be

26  situated.

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

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

29  empowered to apply to the Department of Business and

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

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

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

  2  places on the meeting grounds or enclosure for wagering by

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

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

  5  receipts, and other moneys from the ownership and operation

  6  thereof, provided that only the authority through its

  7  employees may conduct such pari-mutuel wagering events and

  8  wagering, and the authority is expressly prohibited from

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

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

11  wagering.

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

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

14  conducted by the authority in compliance with the provisions

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

16  prescribed by the Department of Business and Professional

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

18  for pari-mutuel wagering.

19         (3)  Applications for permits shall be on forms

20  prescribed by the Department of Business and Professional

21  Regulation. The Department of Business and Professional

22  Regulation shall review and act on any application within 30

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

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

25  after review, the Department of Business and Professional

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

27  granted to the authority without further approval and shall

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

29  the authority remain outstanding, the provisions of any other

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

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

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  1  Department of Business and Professional Regulation shall not

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

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

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

  5  authority for its initial pari-mutuel wagering events.

  6  Thereafter, application by the authority for dates for

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

  8  Department of Business and Professional Regulation, including

  9  renewal of dates theretofore allotted, shall be governed by

10  the applicable provisions of law. Notwithstanding the

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

12  Business and Professional Regulation shall allot annually to

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

14  standardbred racing days, 100 greyhound performances, and 100

15  jai alai performances.

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

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

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

19  pari-mutuel wagering events with pari-mutuel wagering herein

20  authorized.

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

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

23  collection thereof.

24         Section 13.  Distribution of revenues.--

25         (1)  Distribution of the moneys deposited in

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

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

28  Florida Statutes.

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

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

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

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

  2  collect license fees or taxes.

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

  4  system of wagering upon which the results thereof are based

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

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

  7  other provision of law to the contrary notwithstanding.

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

  9  engaged in conducting pari-mutuel wagering events shall obtain

10  the appropriate license from the Department of Business and

11  Professional Regulation, subject to the terms and conditions

12  imposed on similar employees of other permitholders. The

13  Department of Business and Professional Regulation, after a

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

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

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

17  wagering or any rule of the Department of Business and

18  Professional Regulation. Such hearing shall be held and

19  conducted in the manner provided by law.

20         Section 15.  Relocation of public highways; entry on

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

22  facilities.--

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

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

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

26  any governmental agency or public or private corporation which

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

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

29  authority deems most favorable. The cost of such

30  reconstruction and any damage incurred in changing the

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

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

  2  highway affected by the construction of a project may be

  3  vacated or relocated by the authority in the manner now

  4  provided by law for the vacation or relocation of public

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

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

  7  all undertakings authorized by this subsection, the authority

  8  shall consult and obtain the approval of the Department of

  9  Transportation.

10         (2)  The authority and its authorized agents and

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

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

13  examinations it deems necessary or convenient for the purposes

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

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

16  for such purpose be deemed an entry under any condemnation

17  proceedings which may be then pending. The authority shall

18  make reimbursement for any actual damages resulting to such

19  lands, waters, and premises as a result of such activities.

20         (3)  The authority is authorized to regulate the

21  installation, construction, maintenance, repair, renewal,

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

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

24  appliances, hereinafter referred to as "public utility

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

26  under a project. Should the authority determine it necessary

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

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

29  removed, the public utility owning or operating such facility

30  shall relocate or remove the facility in accordance with order

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

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  1  relocation or removal, including the cost of installing such

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

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

  4  accomplish such relocation or removal shall be ascertained and

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

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

  7  public utility owning or operating the facility, or its

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

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

10  long and upon the terms and conditions as it had the right to

11  maintain and operate such facility in its former location. In

12  all undertakings authorized by this subsection, the authority

13  shall consult and obtain the approval of the Public Service

14  Commission.

15         Section 16.  Eminent domain.--

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

17  the compensation to be paid thereunder shall be ascertained

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

19  provisions thereof are applicable and not inconsistent with

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

21  subdivisions in one petition or complaint the descriptions of

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

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

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

25  property included in said petition or complaint may be

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

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

28  substantial part of its value lying wholly within the same

29  county.

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

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

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

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

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

  4  tracts or parcels of land or property described in the

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

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

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

  8  parcel of land or property sufficient for the identification

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

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

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

12  estimated by the authority by resolution to be just

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

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

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

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

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

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

19  of the estimated compensation stated in the declaration. In

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

21  the authority shall maintain a special trust fund on deposit

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

23  account not less than twice the aggregate amount deposited

24  with the clerk of the circuit court as estimated compensation

25  for all property described in declarations of taking with

26  respect to which the compensation has not been finally

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

28  court. Said trust fund shall consist of cash or securities

29  readily convertible into cash constituting legal investment

30  for trust funds under the laws of the state. Said trust fund

31  shall be held solely for security and may be applied to the

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  1  payment of just compensation for the land or other property

  2  described in the declarations of taking. The authority shall

  3  be entitled to withdraw from said trust fund from time to time

  4  as much as may then be in excess of twice the aggregate of the

  5  amount deposited with the clerk of the circuit court as

  6  estimated compensation for all property described in

  7  declarations of taking with respect to which the compensation

  8  has not been finally determined and paid to the persons

  9  entitled thereto, or into court.

10         (4)  Upon filing the declaration as prescribed by

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

12  court the amount of the estimated compensation specified in

13  the declaration, the authority without other process or

14  proceedings shall be entitled to the exclusive possession and

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

16  declaration and may forthwith enter into and take possession

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

18  provision that the proceedings for compensation or any other

19  proceedings relating to the taking of said land or interest

20  therein or other property shall not delay the taking of

21  possession thereof and the use thereof by the authority for

22  the purpose or purposes for which the authority is authorized

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

24  interest therein.

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

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

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

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

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

30  interest residing outside of the state by mailing a copy

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

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

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

  3  newspaper published or circulating in the county or counties

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

  5  publication shall be made within 10 days after filing the

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

  7  after notice to other parties in interest, including the

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

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

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

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

12  the just compensation to be awarded in said proceeding,

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

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

15  award in the condemnation proceeding is less than the amount

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

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

18  return of the difference or any part thereof and enter

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

20  determined exceeds the amount deposited, the person or persons

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

22  the authority the difference between the amount of the deposit

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

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

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

26  circuit court shall return the difference between the amount

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

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

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

30  petition of the authority and notice to all persons interested

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

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  1  shall enter judgment in favor of the authority for such

  2  difference against the party or parties liable for the return

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

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

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

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

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

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

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

10  published at least once in a newspaper published or

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

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

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

14

15  Whenever any amount of an award is paid into court, payment

16  may be made into the circuit court and may be distributed

17  according to law. The authority shall not abandon any

18  condemnation proceeding subsequent to the date upon which it

19  has taken possession of the land or property as provided in

20  this section.

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

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

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

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

25  necessary to provide sufficient funds for any of its corporate

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

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

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

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

30  establishment or increase of such reserves to secure or pay

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

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

  2  its corporate purposes and powers.

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

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

  5  general obligations payable out of any revenues or funds of

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

  7  of particular bonds or notes pledging any particular revenues

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

  9  as it may determine, including, without limiting the

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

11  principal and interest are payable exclusively from the

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

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

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

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

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

17  receipts generally. Any such bonds or notes may be

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

19  contribution from the Federal Government or any agency or

20  instrumentality thereof, or the state or any agency,

21  instrumentality, or political subdivision thereof, or any

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

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

24  whatsoever or from the proceeds of any credit agreement.

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

26  form and character as to be negotiable instruments under the

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

28  negotiable instruments within the meaning of and for all the

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

30  bonds and notes for registration.

31

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

  2  authorized by resolution or resolutions of the authority and

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

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

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

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

  7  or method of determination, be in such denomination or

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

  9  carry such conversion or registration privileges, have such

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

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

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

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

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

15  as such resolution or resolutions may provide.

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

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

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

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

20  within the limitations of the State Constitution, every bond

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

22  thereof.

23         (6)  Except as otherwise provided by any law

24  authorizing the guaranty of the state, bonds of the authority

25  hereafter submitted to the people and approved by a majority

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

27  bonds and notes of the authority issued under the provisions

28  of this act shall not be in any way a debt or liability of the

29  state or of any political subdivision thereof other than the

30  authority and shall not create or constitute any indebtedness,

31  liability, or obligation of the state or of any such political

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  1  subdivision, but all such bonds and notes, unless funded or

  2  refunded by bonds or notes of the authority, shall be payable

  3  solely from revenues or funds pledged or available for their

  4  payment as authorized in this act. Except for bonds of the

  5  authority which may hereafter be guaranteed by the state, each

  6  bond and note shall contain on its face a statement to the

  7  effect that the authority, and not the state or any political

  8  subdivision thereof, is obligated to pay such principal or

  9  interest and that neither the faith and credit nor the taxing

10  power of the state or any political subdivision thereof is

11  pledged to the payment of the principal of or the interest on

12  such bonds or notes.

13         (7)  All expenses incurred in carrying out the

14  provisions of this act shall be payable solely from revenues

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

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

17  the authority to incur any indebtedness or liability on behalf

18  of or payable by the state or any political subdivision

19  thereof except as otherwise provided by any law authorizing

20  the guaranty of the state of any bonds of the authority

21  hereafter submitted to the people and approved by a majority

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

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

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

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

26  subject to and in accordance with agreements with holders of

27  its bonds and notes.

28         (9)  The authority, in connection with the

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

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

31  authority as the authority selects the power to determine the

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

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

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

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

  5  interest rate on these bonds shall be within the limits

  6  prescribed by the authority in its resolution delegating to

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

  8  issuance of those bonds or notes.

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

10  resolution of the authority authorizing or relating to the

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

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

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

14  shall constitute covenants by the authority and contracts with

15  the holders of such bonds or notes:

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

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

18  may thereafter come into existence, and the moneys derived

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

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

21  rents or other revenues thereunder and the proceeds thereof.

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

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

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

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

26  agreements or rent or other revenues thereunder or the

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

28  real or personal property then owned or thereafter acquired,

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

30  foregoing.

31

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

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

  3  any part thereof or any property of any kind.

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

  5  and the limitations thereon and the terms and conditions

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

  7  disposition of the proceeds thereof.

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

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

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

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

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

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

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

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

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

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

18  destroyed, or mutilated bonds or notes.

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

20  payment of bonds or notes or interest thereon.

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

22  bonds or notes and privileges of tender or exchange thereof

23  for other bonds or notes of the authority.

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

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

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

27  and the use or disposition to be made thereof.

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

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

30  of construction, operating expenses, payment or redemption of

31  bonds or notes, reserves, or other purposes, and as to the

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  1  use, investment, and disposition of the moneys held in such

  2  funds.

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

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

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

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

  7  manner in which such consent may be given.

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

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

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

11  and the use and disposition of insurance moneys.

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

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

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

15  to dispose of, property which is subject to a pledge or

16  mortgage.

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

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

19  condition, or obligation and to prescribe the events of

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

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

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

23  the terms and conditions upon which any such declaration and

24  its consequences may be waived.

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

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

27  as the authority may determine, including the right to

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

29  powers of such trustee.

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

31  conveyances, deeds of trust, and other instruments necessary

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

  2  performance of its covenants or duties.

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

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

  5  such resolution or of any covenant or agreement of the

  6  authority with the holders of its bonds or notes.

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

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

  9  properties which may compete or tend to compete with any of

10  the projects.

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

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

13  notes.

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

15  covenants herein expressly authorized, of like or different

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

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

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

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

20  to make bonds or notes more marketable, notwithstanding that

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

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

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

24  other property made by the authority shall be valid and

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

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

27  received by the authority shall immediately be subject to the

28  lien of such pledge without any physical delivery thereof or

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

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

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

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  1  irrespective of whether such parties have notice thereof.

  2  Neither the resolution nor any other instrument by which a

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

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

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

  6  of the authority nor any person executing bonds or notes

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

  8  bonds or notes by reason of the issuance thereof.

  9         Section 21.  Reserves, funds, or accounts;

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

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

12  desirable to further the accomplishment of the purposes of the

13  authority or to comply with the provisions of any agreement

14  made by or any resolution of the authority.

15         Section 22.  Debt service reserve funds; limitation on

16  issuance of bonds; accumulation of moneys; nonliability of

17  state or its political subdivisions.--

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

19  connection with the issuance of bonds to finance the initial

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

21  pay into such reserve fund any moneys appropriated by the

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

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

24  the authority authorizing the issuance thereof, and any other

25  moneys which may be made available to the authority for the

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

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

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

29  payment of the principal of such bonds of the authority

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

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

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

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

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

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

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

  6  reserve with respect to such bonds then outstanding and

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

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

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

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

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

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

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

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

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

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

17  calendar year for the payment of interest on and serial

18  maturities of such bonds then outstanding and payments

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

20  sinking funds established for the payment or redemption of

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

22  cease to be outstanding after the date of such calculation

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

24  respective maturities and the making of required payments to

25  sinking funds and the application thereof in accordance with

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

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

28  service reserve fund due to the investment thereof may be

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

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

31  reserve fund below the maximum debt service reserve with

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  1  respect to such bonds of the authority then outstanding and

  2  secured by such reserve fund.

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

  4  the maximum debt service reserve with respect to such bonds

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

  6  service reserve fund will exceed the amount of such reserve

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

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

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

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

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

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

13  bonds of the authority then outstanding and secured by such

14  reserve fund.

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

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

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

18  the debt service reserve fund to the amount required by

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

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

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

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

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

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

25  dependent upon appropriations being made from time to time by

26  the Legislature for such purpose.

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

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

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

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

31  to the authority.

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

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

  3  liability of the state or any political subdivision thereof

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

  5  authority, whether or not payable from the debt service

  6  reserve fund established pursuant to this section, shall not

  7  create or constitute any indebtedness, liability, or

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

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

10  or of any such political subdivision.

11         (6)  For the purposes of this section, "initial

12  project" means the initial development or acquisition of any

13  complex as determined by the authority, and shall consist of a

14  major league baseball stadium to seat approximately 56,517

15  persons, and any smaller minor league stadiums; any facility

16  necessary to conduct pari-mutuel wagering events; and

17  roadways, parking, and other support facilities therefor, and

18  environmental facilities in connection therewith, together

19  with all land and rights in land, structures, and

20  improvements, and other facilities and appurtenances related

21  thereto.

22         Section 23.  Right of state to require redemption prior

23  to maturity.--The state, through order of the Governor upon an

24  act of the Legislature, shall have the right, upon furnishing

25  the authority with sufficient funds therefor, to require the

26  authority to redeem, pay, or cause to be paid, at or prior to

27  maturity, in whole or in part, any bonds issued by the

28  authority under this act, provided that such redemption or

29  payment is made in accordance with the provisions of any

30  contract entered into by the authority with the holders of

31  such bonds.

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  1         Section 24.  Sports Authority Fund.--

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

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

  4  into the fund amounts from the General Revenue Fund as

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

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

  7  amounts due from the authority under any credit agreement

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

  9  notes, provided that all payments from the General Revenue

10  Fund are subject to and dependent upon appropriations made

11  from time to time for those purposes.

12         (2)  The State Treasurer and the authority are

13  authorized to enter into agreements necessary to effectuate

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

15  provisions for securing the payment of bonds or notes issued

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

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

18  provided that the agreements shall be subject to approval by

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

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

21  satisfied, and upon the earlier of:

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

23  revenues of the authority are sufficient to satisfy the

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

25  issued pursuant to this act; or

26         (b)  The satisfaction of the requirements for the

27  payment of bonds or notes issued pursuant to the authority

28  granted herein,

29

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

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

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  1  which produces debt service savings, enter into any further

  2  agreements regarding payments by the State Treasurer into the

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

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

  5  authority.

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

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

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

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

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

11  from amounts in the Sports Authority Fund established pursuant

12  to section 24 as follows:

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

14  time outstanding bonds or notes of the authority issued for

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

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

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

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

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

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

21  necessary to carry out the refunding, provided that the

22  refunding bonds issued at any time pursuant to this subsection

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

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

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

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

27  accordance with the agreement between the authority and the

28  State Treasurer.

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

30  programs for any complex and project authorized pursuant to

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

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  1  improvements which are legally mandated or otherwise needed to

  2  meet environmental or safety requirements, to prevent a loss

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

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

  5  any of the facilities thereof.

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

  7  facilities for the State University System.

  8         (4)  To finance or refinance feasibility studies for

  9  public projects consistent with the purposes of the authority.

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

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

12  expressly authorized by law.

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

14  institutions of higher education based upon a list of projects

15  recommended by the Commissioner of Education following a

16  competitive application process, provided that the aggregate

17  financing of the projects undertaken pursuant to this

18  subsection does not exceed $5 million.

19

20  Bonds and notes authorized pursuant to this section shall be

21  special obligations of the authority payable as herein

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

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

24  the state but are dependent for repayment upon appropriations

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

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

27  thereof set aside for that purpose and from income accruing

28  thereon.

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

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

31  hall or halls, including the side of a convention hall to be

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  1  constructed, located in any municipality or county which

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

  3  leased, or otherwise acquired by the Florida Sports Authority

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

  5  responsible for supervision of the operation of the convention

  6  hall or halls:

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

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

  9  revenues of the municipality or county under any resolution,

10  indenture, or security agreement authorizing or securing bonds

11  or other obligations of a county improvement authority and to

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

13  those bonds or other obligations issued for the convention

14  hall project and to the maintenance of reserves therefor and

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

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

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

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

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

20  the luxury tax fund to the Florida Sports Authority for

21  application to the purposes of the convention hall project.

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

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

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

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

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

27         (3)  Luxury tax revenues of the municipality which are

28  in excess of the requirements with respect thereto of the

29  Florida Sports Authority relating to any convention hall

30  project shall be applied to the purposes set forth herein.

31

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  1         (4)  If the luxury tax of the municipality or county,

  2  including any increase thereof adopted by the municipality or

  3  county, shall be pledged to the payment of bonds or notes of

  4  the Florida Sports Authority, the municipality or county shall

  5  not repeal the luxury tax, or reduce the rate of the tax, or

  6  eliminate from taxation any retail sales that are subject to

  7  the tax so long as the bonds or notes remain outstanding.

  8         Section 27.  Guarantee by state not to limit or alter

  9  rights or powers vested in authority.--The State of Florida

10  hereby pledges to and covenants and agrees with the holders of

11  any bonds or notes issued pursuant to this act that the state

12  will not limit or alter the rights or powers vesting in the

13  authority to acquire, construct, maintain, improve, repair,

14  and operate a project in any way that would jeopardize the

15  interest of such holders, or to perform and fulfill the terms

16  of any agreement made with the holders of such bonds or notes,

17  or to fix, establish, charge, and collect such rents, fees,

18  rates, or other charges as may be convenient or necessary to

19  produce sufficient revenues to meet all expenses of the

20  authority and fulfill the terms of any agreement made with the

21  holders of such bonds and notes, together with interest

22  thereon, with interest on any unpaid installments of interest,

23  and all costs and expenses in connection with any action or

24  proceeding by or on behalf of such holders, until the bonds,

25  together with interest thereon, are fully met and discharged.

26         Section 28.  Authorization as legal investment or

27  security for public deposits.--The state and all public

28  officers, governmental units and agencies thereof, all banks,

29  trust companies, savings banks and institutions, building and

30  loan associations, savings and loan associations, investment

31  companies, and other persons carrying on a banking business,

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  1  and all executors, administrators, guardians, trustees, and

  2  other fiduciaries may legally invest any sinking funds,

  3  moneys, or other funds belonging to them or within their

  4  control in any bonds or notes issued pursuant to this act, and

  5  such bonds or notes shall be authorized security for any and

  6  all public deposits.

  7         Section 29.  Lease or conveyance of land by state or

  8  governmental subdivisions.--All counties and municipalities

  9  and other governmental subdivisions, all authorities, and all

10  public departments, agencies, and commissions of the state,

11  notwithstanding any contrary provision of law, are hereby

12  authorized and empowered to lease, lend, grant, or convey to

13  the authority at its request upon such terms and conditions as

14  the governing body or other proper authorities of such

15  counties, municipalities, and governmental subdivisions,

16  authorities, and departments, agencies, or commissions of the

17  state may deem reasonable and fair and without the necessity

18  for any advertisement, order of court, or other action or

19  formality, other than the authorizing ordinance of the

20  governing body of the municipality, the authorizing resolution

21  of the governing body of the county, or the regular and formal

22  action of any public body concerned, any real property or

23  interest therein which may be necessary or convenient to the

24  effectuation of the purposes of the authority, including

25  public highways and other real property already devoted to

26  public use.

27         Section 30.  Tax exemption; projects and property of

28  authority; bonds or notes; payments in lieu of property

29  taxes.--

30         (1)  All projects and other property of the authority

31  are hereby declared to be public property devoted to an

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  1  essential public and governmental function and purpose and

  2  shall be exempt from all taxes and special assessments of the

  3  state or any political subdivision thereof, provided, however,

  4  that when any part of the project site not occupied or to be

  5  occupied by facilities of the project is leased by the

  6  authority to another whose property is not exempt and the

  7  leasing of which does not make the real estate taxable, the

  8  estate created by the lease and the appurtenances thereto

  9  shall be listed as the property of the lessee thereof, or the

10  lessee's assignee, and assessed and taxed as real estate. All

11  bonds or notes issued pursuant to this act are hereby declared

12  to be issued by a body corporate and public of the state and

13  for an essential public and governmental purpose, and such

14  bonds and notes, and the interest thereon and the income

15  therefrom, and all funds, revenues, income, and other moneys

16  received or to be received by the authority and pledged or

17  available to pay or secure the payment of such bonds or notes,

18  or interest thereon, shall at all times be exempt from

19  taxation except for transfer, inheritance, and estate taxes.

20         (2)  To the end that there does not occur an undue loss

21  of future tax revenues by reason of the acquisition of real

22  property by the authority, the authority annually shall make

23  payments in lieu of taxes to the municipality in which such

24  property is located in an amount to be raised by real property

25  taxation in each such year by a fraction, the numerator of

26  which is the amount of real property taxes assessed against

27  the property acquired by the authority in the tax year in

28  which this act becomes effective and the denominator of which

29  is the total amount to be raised by real property taxation in

30  such municipality in the tax year in which this act becomes

31  effective. Such payments shall be made each year commencing

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  1  with the first year subsequent to the year in which such real

  2  property is converted from a taxable to an excepted status by

  3  reason of acquisition thereof by the authority.

  4         (3)  The authority is further authorized and empowered

  5  to enter into any agreement or agreements with any county or

  6  municipality whereby the authority shall undertake to pay any

  7  additional amounts to compensate for any loss of tax revenues

  8  by reason of the acquisition of any real property by the

  9  authority. Every such county and municipality is authorized

10  and empowered to enter into such agreements with the authority

11  and to accept payments which the authority makes thereunder.

12         Section 31.  Annual report; annual audit.--On or before

13  the last day of February in each year, the authority shall

14  make an annual report of its activities for the preceding

15  calendar year to the Governor and the Legislature. Each such

16  report shall set forth a complete operating and financial

17  statement covering its operations during the year. The

18  authority shall cause an audit of its books and accounts to be

19  made at least once in each year by certified public

20  accountants, and the cost thereof shall be considered an

21  expense of the authority. A copy of the audit shall be filed

22  with the Comptroller.

23         Section 32.  Services by state officers, departments,

24  boards, agencies, divisions, and commissions.--All officers,

25  departments, boards, agencies, divisions, and commissions of

26  the state are hereby authorized and empowered to render any

27  and all services to the authority as may be within the area of

28  their respective governmental functions as fixed or

29  established by law, and as may be requested by the authority.

30  The cost and expense of such services shall be met by the

31  authority.

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  1         Section 33.  Contracts; requirement for public

  2  bids.--The authority, in the exercise of its authority to make

  3  and enter into contracts and agreements necessary or

  4  incidental to the performance of its duties and the execution

  5  of its powers, shall adopt standing rules and procedures

  6  providing that, except as hereinafter provided, no contract on

  7  behalf of the authority shall be entered into for the

  8  performance of any work, or for the hiring of equipment or

  9  vehicles, when the amount to be expended exceeds $500,000

10  unless the authority first publicly advertises for bids

11  therefor, and awards the contract to the lowest responsible

12  bidder; however, such advertising shall not be required when

13  the contract to be entered into is one for furnishing or

14  performing services of a professional nature or for supplying

15  any project or rendering any service by a public utility

16  subject to the jurisdiction of the Public Service Commission,

17  and tariffs and schedules of the charges made, charged, or

18  exacted by the public utility for any such products to be

19  supplied or services to be rendered are filed with said

20  commission. This section shall not prevent the authority from

21  having any work performed by its own employees, nor shall it

22  apply to repairs, to the furnishing of materials, supplies, or

23  labor, or to the hiring of equipment or vehicles, when the

24  safety or protection of its or other public property or the

25  public convenience requires, or the exigency of the

26  authority's service will not admit of such advertisement. In

27  such case, the authority shall, by resolution passed by the

28  affirmative vote of a majority of its members, declare the

29  exigency or emergency to exist, and set forth in the

30  resolution the nature thereof and the approximate amount to be

31  so expended.

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  1         Section 34.  Purchases, contracts, or agreements; over

  2  threshold amount, requirements for public bids; under

  3  threshold amount, manner approved by authority.--

  4         (1)  All purchases, contracts, or agreements in which

  5  the cost or contract price exceeds $500,000 or, after June 30,

  6  2000, the amount determined pursuant to this section, shall,

  7  except as otherwise provided in this act, be made, negotiated,

  8  or awarded only after public advertisement for bids therefor

  9  and shall be awarded to that responsible bidder whose bid,

10  conforming to the invitation for bids, is most advantageous to

11  the authority, in its judgment, upon consideration of price

12  and other factors. Any bid may be rejected when the authority

13  determines that it is in the public interest to do so.

14         (2)  Any purchase, contract, or agreement in which the

15  cost or contract price is less than or equal to $500,000 or,

16  after June 30, 2000, the amount determined pursuant to this

17  section, may be made, negotiated, or awarded by the authority

18  without advertising and in any manner which the authority, in

19  its judgment, deems necessary to serve its unique interests

20  and purposes and which promotes, whenever practicable, full

21  and free competition by the acceptance of quotations or

22  proposals or by the use of other suitable methods.

23         (3)  Commencing January 1, 2001, the Governor, in

24  consultation with the State Treasurer, shall, no later than

25  March 1 of each odd-numbered year, adjust the threshold amount

26  set forth in this section, or, subsequent to 2001, the

27  threshold amount resulting from any adjustment under this

28  subsection, in direct proportion to the rise or fall of the

29  Consumer Price Index for all urban consumers in the Miami-Dade

30  area as reported by the United States Department of Labor. The

31  Governor shall, no later than June 1 of each odd-numbered

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  1  year, notify the authority of the adjustment. The adjustment

  2  shall become effective on July 1 of each odd-numbered year.

  3         Section 35.  Set-aside contract goals.--The authority

  4  is authorized and directed to establish, prior to initiating

  5  any project on or after the effective date of this act, small

  6  business, minority business, and women's business set-aside

  7  contract goals and procedures in accordance with applicable

  8  provisions of law.

  9         Section 36.  Exemptions.--Any purchase, contract, or

10  agreement in which the cost or contract price exceeds the

11  amount specified in this act, or, after June 30, 2001, the

12  amount calculated by the Governor, may be made, negotiated, or

13  awarded by the authority without advertisement for bids when

14  the subject matter is that described in section 37 or when the

15  purchase, contract, or agreement is made, negotiated, or

16  awarded under the circumstances described in section 38. In

17  any such instance, the authority may make, negotiate, or award

18  the purchase, contract, or agreement in any manner which the

19  authority deems necessary to serve its unique interests and

20  purposes and which promotes, whenever practicable, full and

21  free competition by the acceptance of quotations or proposals

22  or by the use of other suitable methods.

23         Section 37.  Exemptions; subject matter.--Any purchase,

24  contract, or agreement may be made, negotiated, or awarded

25  pursuant to this act when the subject matter consists of:

26         (1)  Services which are professional or technical in

27  nature or services which are original and creative in

28  character in a recognized field of artistic endeavor;

29         (2)  Items which are perishable or subsistence

30  supplies;

31

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  1         (3)  Items which are specialized equipment or

  2  specialized machinery necessary to the conduct of authority

  3  business;

  4         (4)  Items or services supplied by a public utility

  5  subject to the jurisdiction of the Public Service Commission,

  6  and tariffs and schedules of the charges made, charged, or

  7  exacted by the public utility for those items or services are

  8  filed with the commission;

  9         (5)  Items which are styled or seasonal wearing

10  apparel;

11         (6)  Items or services which, in order to compete

12  successfully with other sports and entertainment facilities,

13  the authority deems necessary to provide quality athletic

14  contests, pari-mutuel wagering events, or other spectator

15  sporting events and trade shows, expositions, concerts, and

16  other public events. These items and services shall include,

17  but not be limited to, food concessions; playing surfaces for

18  football, soccer, tennis, or other athletic contests; indoor

19  foot racing tracks; ice making and resurfacing equipment and

20  services; matrix and scoreboard systems; ticket printing and

21  ticket selling services; materials, supplies, equipment, and

22  services for preparation and maintenance of pari-mutuel

23  wagering events; program printing; pari-mutuel computer or

24  totalisator equipment or services; teletimer equipment or

25  services; photo finish equipment or services; and items or

26  services which are part of or related to promotional or

27  advertising efforts;

28         (7)  The lease of such office space, office machinery,

29  specialized equipment, buildings, or real property as may be

30  required for the conduct of authority business; or

31         (8)  The sale or licensing of advertising rights.

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  1         Section 38.  Exemptions; circumstances.--Any purchase,

  2  contract, or agreement may be made, negotiated, or awarded

  3  pursuant to this act when:

  4         (1)  Standardization of equipment and

  5  interchangeability of parts is in the public interest;

  6         (2)  Only one source of supply or service is available;

  7         (3)  The safety or protection of authority property or

  8  other public property requires;

  9         (4)  The exigency of the authority's service will not

10  admit of advertisement;

11         (5)  More favorable terms can be obtained from a

12  primary source of supply of an item or service;

13         (6)  Bid prices, after advertising, are not reasonable

14  or have not been independently arrived at in open competition;

15  but no negotiated purchase, contract, or agreement may be

16  entered into under this subsection after the rejection of all

17  bids received unless notification of the intention to

18  negotiate and reasonable opportunity to negotiate is given to

19  each responsible bidder; the negotiated price is lower than

20  the lowest rejected bid price of a responsible bidder; and the

21  negotiated price is the lowest negotiated price offered by any

22  responsible contractor;

23         (7)  The purchase is to be made from, or the contract

24  is to be made with, the Federal Government or any state

25  government or agency or political subdivision thereof; or

26         (8)  Purchases are made through or by the Department of

27  Management Services.

28         Section 39.  Award without public advertisement;

29  resolution; specification of subject matter or

30  circumstances.--In any case in which the authority makes,

31  negotiates, or awards a purchase, contract, or agreement

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  1  without public advertisement pursuant to section 36, the

  2  authority shall, by resolution passed by the affirmative vote

  3  of a majority of its members, specify the subject matter or

  4  circumstances set forth in section 37 or section 38 which

  5  permit the authority to take such action.

  6         Section 40.  Work by employees of authority.--Nothing

  7  herein shall prevent the authority from having any work

  8  performed by its own employees.

  9         Section 41.  Effect of inconsistent acts and rules

10  adopted hereunder.--It is the intent of the Legislature that

11  in the event of any conflict or inconsistency in the

12  provisions of this act and any other acts pertaining to

13  matters herein established or provided for or in any rules

14  adopted under this act or said other acts, to the extent of

15  such conflict or inconsistency, the provisions of this act and

16  the rules adopted hereunder shall be enforced, and the

17  provisions of such other acts and rules adopted thereunder

18  shall be of no force and effect.

19         Section 42.  Partial invalidity.--If any clause,

20  sentence, paragraph, section, or part of this act is adjudged

21  by any court of competent jurisdiction to be invalid, such

22  judgment shall not affect, impair, or invalidate the remainder

23  thereof, but shall be confined in its operation to the clause,

24  sentence, paragraph, section, or part thereof directly

25  involved in the controversy in which such judgment has been

26  rendered.

27         Section 43.  Construction of act.--This act shall be

28  construed liberally to effectuate the legislative intent and

29  the purposes of the act as complete and independent authority

30  for the performance of each act and thing herein authorized,

31  and all powers herein granted shall be broadly interpreted to

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  1  effectuate such intent and purposes and not as a limitation of

  2  powers.

  3         Section 44.  Legislative findings and declarations.--

  4         (1)  The Legislature finds and declares that the

  5  general welfare of the people of the state will be promoted by

  6  the advancement of pari-mutuel wagering facilities in the

  7  state; that it is vital to state government that the revenues

  8  derived from pari-mutual wagering in the state be continued;

  9  that ownership and operation of pari-mutuel events by a state

10  agency would protect against a loss of revenue to the state

11  and assure the financial stability of such facilities and

12  availability of capital to repair; reconstruct, and restore

13  damaged or destroyed facilities thereof and to provide

14  improvements and additions thereto; that the advancement and

15  retention of such facilities and related activities in the

16  state will not only provide recreational opportunities for the

17  people of the state but will also benefit the people in the

18  form of increased commerce and employment.

19         (2)  The Legislature has determined that in order to

20  accomplish such purposes and goals, it is necessary and

21  desirable to authorize the Florida Sports Authority to

22  immediately acquire and operate any pari-mutuel wagering

23  facility and its contiguous properties and auxiliary

24  facilities.

25         (3)  The Legislature further finds that the powers

26  conferred by this act and the expenditure of public moneys

27  pursuant thereto will serve a valid public purpose and that

28  the enactment of the provisions of this act is in the public

29  interest and is declared to be such as a matter of express

30  legislative determination.

31

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  1         Section 45.  Pari-mutuel wagering facility;

  2  acquisition, operation, maintenance, repair, reconstruction,

  3  and improvement; feasibility study; additional projects;

  4  approval by Legislature.--The authority is hereby authorized

  5  and empowered to acquire, operate, maintain, repair,

  6  reconstruct, restore, and improve as additional projects any

  7  pari-mutuel wagering facility and any contiguous properties

  8  and auxiliary facilities, including, without limitation,

  9  pavilions, stands, clubhouses, training tracks, fairgrounds,

10  and other exposition facilities, together with all buildings,

11  structures, roads, parking areas, recreation areas,

12  restaurants, transportation facilities or systems, equipment,

13  furnishings, properties, and appurtenances related thereto or

14  incidental to, necessary for, or complementary to the purposes

15  thereof, provided that, so long as any bonds or notes issued

16  to finance any other complex are outstanding, none of the

17  revenues of any other complex shall be used for any of the

18  foregoing or to pay principal of or interest on any bonds or

19  notes issued to finance an additional project. The authority

20  shall not acquire any of the foregoing facilities until a

21  feasibility study conducted by a private, independent

22  consulting firm satisfactory to the Legislature has been

23  completed demonstrating that the reconstructed facility will

24  generate sufficient revenues to ensure repayment of

25  indebtedness incurred to finance its acquisition and

26  reconstruction and that it will not have a materially adverse

27  effect on the operations and financial condition of any other

28  complex.

29         Section 46.  Conduct of pari-mutuel wagering events and

30  pari-mutuel wagering.--

31

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

  2  empowered to apply to the Department of Business and

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

  4  part of the additional projects authorized in section 45 or

  5  any one or more thereof, pari-mutual wagering events for

  6  stake, purse, or reward, and to provide a place or places on

  7  the grounds or enclosure for wagering by patrons on the result

  8  of such events by the pari-mutuel system, and to receive

  9  charges and collect all revenues, receipts, and other moneys

10  from the ownership and operation thereof, provided that only

11  the authority through its employees may conduct such

12  pari-mutuel wagering events, and the authority is expressly

13  prohibited from placing in the control of any other person,

14  firm, or corporation the conduct of such events, meetings, or

15  wagering.

16         (2)  Except as otherwise provided in chapter 550,

17  Florida Statutes, such pari-mutuel wagering events and

18  pari-mutuel wagering shall be conducted by the authority in

19  compliance with the standards set forth and the rules and

20  conditions prescribed by the Department of Business and

21  Professional Regulation for the conduct of such events and for

22  pari-mutuel wagering at such events.

23         (3)  Applications for permits shall be on forms

24  prescribed by the Department of Business and Professional

25  Regulation. The Department of Business and Professional

26  Regulation shall review and act on any application within 30

27  days after its filing and is authorized in its sole

28  discreation to determine whether a permit is granted to the

29  authority. If, after review, the Department of Business and

30  Professional Regulation acts favorably on an application, a

31  permit shall be granted to the authority without further

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  1  approval which permit shall be in substitution for and shall

  2  supersede the permit issued any such facility and shall remain

  3  in force and effect so long as any bonds or notes of the

  4  authority issued for the purposes of any of the additional

  5  projects remain outstanding, the provisions of any other law

  6  to the contrary notwithstanding. In granting a permit to the

  7  authority to conduct such events, the Department of Business

  8  and Professional Regulation shall not be limited as to the

  9  number of facilities permitted pursuant to any provision of

10  law. Said permit shall specify the dates allotted to the

11  authority for its conduct of such events. Thereafter,

12  application by the authority for dates for pari-mutuel

13  wagering events and the allotment thereof by the Department of

14  Business and Professional Regulation, including renewal of the

15  dates heretofore allotted, shall be governed by the applicable

16  provisions of law. Notwithstanding the provision of any other

17  law to the contrary, the Department of Business and

18  Professional Regulation shall allot annually to the authority

19  not less than 50 thoroughbred or standardbred racing days at

20  such facility, if and to the extent that application is made

21  therefor, or 100 performances at any other facility.

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

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

24  deposit, shall be required for the authority to hold or

25  conduct the pari-mutuel wagering events with pari-mutuel

26  wagering herein authorized.

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

28  admission fee for such events and all matters relating to the

29  collection thereof.

30         (6)  All moneys held by the authority for payment of

31  outstanding pari-mutuel tickets not claimed by the person or

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  1  persons entitled thereto within the time provided by law shall

  2  be paid to the authority upon the expiration of such time

  3  without further obligation to such ticket holder.

  4         (7)  Except as herein provided, no admission or

  5  amusement tax, excise tax, license, or pari-mutuel wagering

  6  fee of any kind shall be assessed or collected from the

  7  authority by the state, or by any county or municipality, or

  8  by any other body having power to assess or collect license

  9  fees or taxes.

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

11  system of wagering upon the result of an event held at such

12  facility with respect to any additional project shall not,

13  under any circumstances, if conducted as provided in this act

14  and in conformity thereto, be held or construed to be

15  unlawful, any other law to the contrary notwithstanding.

16         (9)  Each employee of the authority engaged in

17  conducting pari-mutuel wagering events shall obtain the

18  appropriate license from the Department of Business and

19  Professional Regulation. The Department of Business and

20  Professional Regulation, after a hearing, may suspend any

21  member of the authority upon approval of the Governor and may

22  suspend the license of any employee of the authority for any

23  violation of the laws governing pari-mutuel wagering or any

24  rule of the Department of Business and Professional

25  Regulation. Such hearing shall be held and conducted in the

26  manner provided by law.

27         Section 47.  This act shall take effect December 31,

28  2000.

29

30

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  1            *****************************************

  2                          HOUSE SUMMARY

  3
      Creates the "Florida Sports Authority Law" to create a
  4    corporate agency of the state to provide for additional
      facilities to accommodate trade shows, expositions,
  5    sports events, and other public events in the state,
      including pari-mutuel wagering events. See bill for
  6    details.

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