House Bill hb0501

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    Florida House of Representatives - 2002                 HB 501

        By Representative Lynn






  1                      A bill to be entitled

  2         An act relating to Volusia County; providing

  3         for codification of special laws regarding

  4         special districts pursuant to s. 189.429, F.S.,

  5         relating to Daytona Beach Racing and

  6         Recreational Facilities District, an

  7         independent special district in Volusia County;

  8         providing legislative intent, and codifying and

  9         reenacting provisions of chapter 29588, Laws of

10         Florida, chapter 29590, Laws of Florida,

11         chapter 31343, Laws of Florida, chapter

12         63-2023, Laws of Florida, chapter 73-647, Laws

13         of Florida, and chapter 80-494, Laws of

14         Florida; providing a district charter;

15         providing for the severability of provisions

16         deemed invalid; providing for the repeal of

17         prior special acts relating to the Daytona

18         Beach Racing and Recreational Facilities

19         District; providing an effective date.

20

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

22

23         Section 1.  Pursuant to section 189.429, Florida

24  Statutes, this act constitutes the codification of all special

25  acts relating to the Daytona Beach Racing and Recreational

26  Facilities District. It is the intent of the Legislature in

27  enacting this law to provide a single, comprehensive special

28  act charter for the District, including all current

29  legislative authority granted to the District by its several

30  legislative enactments and any additional authority granted by

31  this act.

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  1         Section 2.  Chapter 29588, Laws of Florida, chapter

  2  29590, Laws of Florida, chapter 31343, Laws of Florida,

  3  chapter 63-2023, Laws of Florida, chapter 73-647, Laws of

  4  Florida, and chapter 80-494, Laws of Florida, relating to the

  5  Daytona Beach Racing and Recreational Facilities District, are

  6  codified, reenacted, amended, and repealed as herein provided.

  7         Section 3.  The charter for the Daytona Beach Racing

  8  and Recreational Facilities District is re-created and

  9  reenacted to read:

10         Section 1.  Definitions.--As used in this act, the

11  following words and terms shall have the following meanings,

12  unless some other meaning is plainly intended:

13         (a)  The word "County" shall mean the County of Volusia

14  in the State of Florida.

15         (b)  The term "Board of County Commissioners" or

16  "County Commissioners" shall mean the Board of County

17  Commissioners of Volusia County, Florida.

18         (c)  The word "District" shall mean the Daytona Beach

19  Racing and Recreational Facilities District created and

20  established by this act.

21         (d)  The term "District Commission" shall mean the

22  Daytona Beach Racing and Recreational Facilities Commission

23  created and established by this act.

24         (e)  The term "racing and recreational facilities"

25  shall mean and shall include automobile and motorcycle

26  speedways, race tracks, testing grounds, fields for baseball,

27  football, or other sporting events, swimming pools, golf

28  courses, tennis courts, playgrounds, and other racing and

29  recreational facilities, and shall include but shall not be

30  limited to all lands, buildings, grandstands, stadiums, and

31  coliseums, all necessary appurtenances and equipment, and all

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  1  property, rights, easements, and franchises relating thereto

  2  and deemed necessary or convenient for the operation thereof.

  3         (f)  The word "cost" as applied to any racing and

  4  recreational facility shall mean and shall include the cost of

  5  acquisition or construction, the cost of all labor, materials,

  6  and equipment, the cost of all lands, property, rights,

  7  easements, and franchises acquired, financing charges,

  8  interest prior to and during construction and for 1 year after

  9  completion of construction, cost of plans and specifications,

10  surveys and estimates of cost and of revenues, cost of

11  engineering and legal services, all expenses necessary or

12  incident to determining the feasibility or practicability of

13  such acquisition or construction, reasonable provisions for

14  working capital, administrative expenses, and such other

15  expenses as may be necessary or incident to the acquisition or

16  construction or the financing thereof herein authorized. Any

17  obligation or expense incurred by the County, the City of

18  Daytona Beach, or the District in connection with any of the

19  foregoing items of cost may be regarded as a part of such cost

20  and reimbursed to the County, the City of Daytona Beach, or

21  the District out of the proceeds of bonds issued under the

22  provisions of this act.

23         Section 2.  Daytona Beach Racing and Recreational

24  Facilities District.--A Racing and Recreational Facilities

25  District in Volusia County is hereby created and established

26  and shall be known as "Daytona Beach Racing and Recreational

27  Facilities District." Said District shall comprise the

28  following land in Volusia County:

29

30         BEGINNING at the Southwest corner of Section

31         18, Township 16 South, Range 32 East; thence

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  1         running Easterly along the South line of

  2         Sections 18 through 13, Township 16 South,

  3         Range 32 East and Sections 18 through 15,

  4         Township 16 South, Range 33 East, to a point

  5         where the South line of Section 15, Township 16

  6         South, Range 33 East, intersects the South line

  7         of the J. M. Sanchez Grant, being Section 40,

  8         Township 16 South, Range 33 East; thence

  9         following the Southerly and Easterly lines of

10         the said J. M. Sanchez Grant to a point where

11         the same would be intersected by the South line

12         of Lot 2, of Section 13, Township 16 South,

13         Range 33 East, extended West; thence Easterly

14         along the extension of the said South line of

15         said Lot 2 of said Section 13, Township 16

16         South, Range 33 East, and along the South line

17         of said Lot 2 extended Easterly, to the shore

18         of the Atlantic Ocean; thence running

19         Northwesterly along the shore of the Atlantic

20         Ocean to the present North Corporation Line of

21         Ormond Beach, Florida; the same being in an

22         Easterly extension of the South Line of Lot 3,

23         Section 3, Township 14 South, Range 32 East;

24         thence Westerly along said extension and along

25         the said South line of Lot 3, Section 3,

26         Township 14 South, Range 32 East and along the

27         said North Corporation Limits to a point in the

28         Center-line of the Intracoastal Waterway;

29         thence Northerly along the said Centerline to

30         an intersection with the Easterly extension of

31         the Centerline of Avenue Inglesa, as shown on

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  1         the plat of Daytona Shores, Section 1-A, of

  2         record in Map Book 10, Page 72, Public Records

  3         of Volusia County, Florida; thence

  4         Southwesterly along said Center-line of Avenue

  5         Inglesa and extension thereof to the

  6         Center-line of the Tomoka River; thence

  7         Southerly and Westerly along the meandering of

  8         said Center-line of the Tomoka River to its

  9         intersection with the Southwesterly

10         Right-of-way line of the Florida East Coast

11         Railway; thence Northwesterly along said

12         Right-of-way line to a point that is 1500 Ft.

13         Easterly of the Westerly line of the George

14         Anderson Grant, being Section 38, Township 14

15         South, Range 32 East, Volusia County, Florida,

16         said 1500 Ft. being measured parallel to the

17         Southerly line of said George Anderson Grant;

18         thence Southerly and parallel to the aforesaid

19         Westerly line of the George Anderson Grant, to

20         a point that is 990 Ft. Northerly from the

21         Southerly line of aforesaid George Anderson

22         Grant; thence Westerly and parallel to said

23         Southerly line of the George Anderson Grant to

24         the aforesaid Westerly line of the George

25         Anderson Grant; thence Southerly along said

26         Westerly line of the George Anderson Grant to

27         the North line of Section 12, Township 14

28         South, Range 31 East; thence West along the

29         North line of said Section 12, to the Northwest

30         corner of Government Lot 1 in said Section 12;

31         thence South along the west line of said

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  1         Government Lot 1, to the Southwest corner of

  2         said Government Lot 1; being also the Northeast

  3         corner of Government Lot 3 in said Section 12;

  4         thence West along the North line of said

  5         Government Lot 3 to the Northwest corner

  6         thereof; thence South along the West line of

  7         Government Lot 3 aforesaid to the Southwest

  8         comer thereof; thence East along the South line

  9         of said Government Lot 3, being the North line

10         of Section 13 in aforesaid Township 14 South,

11         Range 31 East, to the intersection with the

12         West line of the Ann Papy Grant, being Section

13         38, Township 14 South, Range 31 East; thence

14         South along the West line of said Ann Papy

15         Grant to the Southwest corner thereof thence

16         East along the South line of said Ann Papy

17         Grant to the Northwest corner of Government Lot

18         1, Section 13, Township 14 South, Range 31

19         East; thence South along the West line of said

20         Government Lot 1 to the Southwest corner

21         thereof; thence East along the South line of

22         Government Lot 1, Section 13, Township 14

23         South, Range 31 East and along the South lines

24         of Government Lots 3, 2 and 1, Section 18,

25         Township 14 South, Range 32 East to the center

26         of the Tomoka River; thence Southerly along the

27         meandering of the center of the Tomoka River

28         and the West Branch thereof, to an intersection

29         with the Northerly Right-of-way Line of U. S.

30         Highway #92; thence Southwesterly along the

31         said Northerly Right-of-way Line of U. S.

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  1         Highway # 92 to an intersection with the West

  2         line of Section 6, Township 16 South Range 32

  3         East; thence Southerly along the West line of

  4         Sections 6, 7 and 18, of said Township 16

  5         South, Range 32 East, to the POINT OF

  6         BEGINNING.

  7

  8  The District may contract and be contracted with, may sue and

  9  be sued, and may plead and be impleaded.

10         Section 3.  The powers, functions, and duties of the

11  District regarding ad valorem taxation, bond issuance, other

12  revenue raising capabilities, budget preparation and approval,

13  liens and foreclosure of liens, use of tax deeds and tax

14  certificates as appropriate for non-ad valorem assessments,

15  and contractual agreements shall be as set forth in this act

16  and in chapter 189, Florida Statutes, or any other applicable

17  general or special law, as they may be amended from time to

18  time.

19         Section 4.  Creation and status.--The District was

20  created by a special act of the Legislature by chapter 31343,

21  Laws of Florida, 1955, in accordance with chapter 189, Florida

22  Statutes. The District is hereby declared to be an independent

23  special district pursuant to chapter 189, Florida Statutes.

24         Section 5.  The District's charter may only be amended

25  by a special act of the Legislature.

26         Section 6.  Daytona Beach Racing and Recreational

27  Facilities Commission.--The District shall be under the

28  management and control of a Commission known as the "Daytona

29  Beach Racing and Recreational Facilities Commission." The

30  District Commission shall consist of five members who shall be

31  qualified electors of the District. Two members of the

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  1  District Commission shall be appointed by the Board of County

  2  Commissioners and two members shall be appointed by the City

  3  Commission of the City of Daytona Beach; and one member shall

  4  be appointed by the joint action of the Board of County

  5  Commissioners and the City Commission of the City or by the

  6  Governor as hereinafter provided. Members shall serve until

  7  the specified termination of their respective appointed terms,

  8  or for 4 years from the date of their appointment, whichever

  9  is earlier. At least 30 days prior to the date of expiration

10  of the term of any member of the District Commission, the

11  successor of such member shall be appointed for a term of 4

12  years by the City or County as hereinabove provided. If the

13  City and County are unable to agree on the successor to be

14  named jointly by them within 5 days prior to the date of

15  expiration of the term of office of said member, such

16  appointment shall be made by the Governor of the State of

17  Florida. Each member shall serve until his or her successor

18  shall be appointed and shall qualify. In the event of a

19  vacancy in the District Commission resulting from the death,

20  resignation, or change of residence of any member thereof or

21  from any other cause, the successor of such member shall be

22  appointed for the unexpired term. Any member of the District

23  Commission shall be eligible for reappointment. Upon the

24  appointment of any member of the District Commission, the

25  Clerk of the City or County making the appointment shall

26  furnish a certificate of such appointment to said appointee

27  which shall be kept with the public records of the District

28  Commission and shall be noted in the minutes of the first

29  meeting of said District Commission following such

30  appointment. Each member of the District Commission shall be

31  reimbursed for the actual expenses necessarily incurred by him

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  1  or her in the performance of his or her duties. Such

  2  reimbursement shall be the maximum amount of compensation that

  3  any Commission member shall be entitled to receive.

  4

  5  Before entering upon the duties of office, each member of the

  6  District Commission shall take and file with the District an

  7  oath to faithfully discharge the duties of his or her office,

  8  and such other oaths as shall be required by law, and shall

  9  execute a surety bond in the penal sum of $5,000 payable to

10  the Governor of the State of Florida and conditioned upon the

11  faithful performance of the duties of office of such member.

12  Such bonds shall be approved by the District Commission and

13  filed with the Secretary and Treasurer thereof and such bonds

14  shall be signed by a surety company authorized to do business

15  in Florida.

16

17  Three members of the District Commission shall constitute a

18  quorum and the affirmative vote of three members of the

19  District Commission shall be necessary for any action taken by

20  the District Commission. A vacancy in the District Commission

21  shall not impair the rights of a quorum to exercise all the

22  rights and perform all the duties of the District Commission.

23  The District Commission shall elect one of its members as

24  Chair and shall also appoint a Secretary and Treasurer who may

25  or may not be a member of the District Commission. The

26  Secretary and Treasurer of the District Commission, prior to

27  entering upon his or her duties as such officer, shall execute

28  a surety bond in a penal sum, not less than $25,000, to be

29  determined by the District Commission, payable to the Governor

30  of the State of Florida and conditioned upon the faithful

31  performance of the duties of his or her office, such bond to

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  1  be signed by a surety company authorized to do business in

  2  Florida and to be approved by the District Commission and

  3  filed with the Secretary and Treasurer thereof.

  4         Section 7.  General grant of powers.--The District

  5  Commission is hereby authorized and empowered:

  6         (a)  To adopt bylaws for the regulation of its affairs

  7  and the conduct of its business.

  8         (b)  To adopt an official seal for the District and to

  9  alter the same at pleasure.

10         (c)  To purchase or otherwise acquire, construct,

11  reconstruct, improve, extend, enlarge, equip, repair,

12  maintain, and operate any racing and recreational facilities

13  within the territorial limits of the District.

14         (d)  To acquire by grant, purchase, gift, or devise or

15  by the exercise of the right of eminent domain all property,

16  real or personal, or any estate or interest therein necessary,

17  desirable, or convenient for the purposes of this act, and to

18  sell, convey, lease, rent, or assign all or any part thereof

19  and to exercise all of its powers and authority with respect

20  thereto.

21         (e)  To issue bonds or to request the Board of County

22  Commissioners to issue bonds of the District, as hereinafter

23  provided, to pay the cost of purchasing or otherwise

24  acquiring, constructing, reconstructing, improving, extending,

25  enlarging, or equipping racing and recreational facilities.

26         (f)  To issue refunding bonds or to request the Board

27  of County Commissioners to issue refunding bonds of the

28  District, as hereinafter provided, to refund any bonds then

29  outstanding which shall have been issued under the provisions

30  of this act.

31

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  1         (g)  To lease, rent, or contract for the operation of

  2  all or any part of any racing and recreational facilities.

  3         (h)  To fix and collect rates, rentals, fees, and

  4  charges for the use of any racing and recreational facilities.

  5         (i)  To contract for the operation of concessions on or

  6  in any racing and recreational facilities.

  7         (j)  To advertise within or without the state any

  8  racing and recreational facilities.

  9         (k)  To make and enter into all contracts and

10  agreements necessary or incidental to the performance of the

11  duties imposed and the execution of the powers granted under

12  this act, and to employ such consulting and other engineers,

13  superintendents, managers, construction and financial experts,

14  and attorneys, and such employees and agents, as may, in the

15  judgment of the District Commission, be deemed necessary, and

16  to fix their compensation; provided, however, that all such

17  expenses shall be payable solely from funds made available

18  under the provisions of this act.

19         (l)  To enter into contracts with the government of the

20  United States or the State of Florida or any agency or

21  instrumentality of either thereof, or with any municipality,

22  district, private corporation, copartnership, association, or

23  individual providing for or relating to racing and

24  recreational facilities.

25         (m)  To do all acts or things necessary or convenient

26  to carry out the powers expressly granted in this act.

27         Section 8.  Issuance of bonds.--

28         (a)  The District Commission is hereby authorized to

29  provide by resolution, at one time or from time to time, for

30  the issuance of special obligation bonds of the District

31  payable solely from rates, rentals, fees, and charges provided

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  1  for herein for the purpose of paying the cost of purchasing or

  2  otherwise acquiring, constructing, reconstructing, improving,

  3  extending, enlarging, or equipping racing and recreational

  4  facilities.

  5         (b)  The Board of County Commissioners is hereby

  6  directed to provide by resolution, at one time or from time to

  7  time, upon the request of the District Commission and with the

  8  concurrence of the District Commission in all of the

  9  provisions of any such resolution, including the provisions of

10  any trust agreement authorized thereby, and in all

11  determinations to be made by the County Commissioners under

12  this section, for the issuance of general obligation bonds of

13  the District in an aggregate principal amount not exceeding $3

14  million payable from rates, rentals, fees, and charges

15  provided for hereunder and, to the extent necessary, ad

16  valorem taxes levied as hereinafter provided, for the purpose

17  of paying the cost of purchasing or otherwise acquiring,

18  constructing, reconstructing, improving, extending, enlarging,

19  or equipping racing and recreational facilities; provided,

20  however, that any such bonds shall have been approved by the

21  majority of the votes cast in an election in which a majority

22  of the freeholders who are qualified electors residing in the

23  District shall have participated. Any such election shall be

24  held and the result thereof determined and declared in the

25  manner provided by the election code of 1951 and chapter 189,

26  Florida Statutes, or any amendments thereof.

27         (c) The bonds of each issue authorized pursuant to this

28  act shall be dated, shall mature at such time or times not

29  exceeding 40 years from their date or dates, and shall bear

30  interest at such rate or rates not exceeding 6 percent per

31  annum, as may be determined by the District Commission or the

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  1  County Commissioners, as the case may be, authorizing the

  2  issuance of such bonds, hereinafter sometimes called the

  3  "Authorizing Body," and may be made redeemable before

  4  maturity, at the option of the Authorizing Body, at such price

  5  or prices and under such terms and conditions as may be fixed

  6  by the Authorizing Body prior to the issuance of the bonds.

  7  The principal of and the interest on such bonds may be made

  8  payable in any lawful medium. The Authorizing Body shall

  9  determine the form and the manner of execution of the bonds,

10  including any interest coupons to be attached thereto, and

11  shall fix the denomination or denominations of the bonds and

12  the place or places of payment of principal and interest which

13  may be at any bank or trust company within or without the

14  state. In case any officer whose signature or a facsimile of

15  whose signature shall appear on any bonds or coupons shall

16  cease to be such officer before the delivery of such bonds,

17  such signature or such facsimile shall nevertheless be valid

18  and sufficient for all purposes the same as if he or she had

19  remained in office until such delivery. Notwithstanding any of

20  the other provisions of the act or any recitals in any bonds

21  issued under the provisions of this act, all such bonds shall

22  be deemed to be negotiable instruments under the laws of this

23  state. The bonds may be issued in coupon or in registered

24  form, or both, as the Authorizing Body may determine, and

25  provision may be made for the registration of any coupon bonds

26  as to principal alone and also as to both principal and

27  interest, and for the reconversion into coupon bonds of any

28  bonds registered as to both principal and interest. The

29  issuance of such bonds shall not be subject to any limitations

30  or conditions contained in any other law, and the Authorizing

31  Body may sell such bonds in such manner, either at public or

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  1  at private sale, and for such price, as it may determine to be

  2  for the best interests of the District, but no such sale shall

  3  be made at a price so low as to require the payment of

  4  interest on the money received therefor at more than 6 percent

  5  per annum, computed with relation to the absolute maturity of

  6  the bonds in accordance with standard tables of bond values,

  7  excluding, however, from such computation the amount of any

  8  premium to be paid on redemption of any bonds prior to

  9  maturity. Prior to the preparation of definitive bonds,

10  provision may be made for the issuance of interim receipts or

11  temporary bonds, with or without coupons, exchangeable for

12  definitive bonds when such bonds have been executed and are

13  available for delivery. Provision may also be made for the

14  replacement of any bonds which shall become mutilated or be

15  destroyed or lost.

16

17  Bonds may be issued under the provisions of this act without

18  obtaining the consent of any other department, commission,

19  board, bureau, or agency of the state, and without any other

20  proceeding or the happening of any other condition or thing

21  than those proceedings, conditions, or things which are

22  specifically required by this act.

23

24  The proceeds of such bonds shall be used solely for the

25  purpose for which such bonds shall have been authorized, and

26  shall be disbursed in such manner and under such restrictions,

27  if any, as the Authorizing Body may provide in the authorizing

28  resolution or in any trust agreement securing such bonds. If

29  the proceeds of such bonds, by error of estimates or

30  otherwise, shall be less than such cost, additional bonds may

31  in like manner be issued, subject to the limitations contained

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  1  herein on the maximum amount of general obligation bonds which

  2  may be issued, to provide the amount of such deficit, and,

  3  unless otherwise provided in the authorizing resolution of

  4  such trust agreement, shall be deemed to be of the same issue

  5  and shall be entitled to payment from the same fund without

  6  preference or priority of the bonds first issued for the same

  7  purpose.

  8

  9  Any resolution or trust agreement providing for the issuance

10  of or securing bonds hereunder may also contain such

11  limitations upon the issuance of additional bonds as the

12  Authorizing Body may determine to be proper, and such

13  additional bonds shall be issued under such restrictions and

14  limitations as may be prescribed by such resolution or trust

15  agreement.

16

17  The maximum amount of general obligation bonds which may be

18  issued under this act may be increased by the Legislature by

19  subsequent legislation. Special obligation bonds of the

20  District payable solely from rates, rentals, fees, and charges

21  for the use of the racing and recreational facilities, issued

22  under the provisions of this act, shall not be deemed to

23  constitute a debt of the District or a pledge of the faith and

24  credit of the District, and a statement to that effect shall

25  be recited on the face of the bonds.

26         Section 9.  Revenues.--The District Commission shall

27  fix rates, rentals, fees, and other charges for the use of the

28  racing and recreational facilities and may revise such rates,

29  rentals, fees, and charges from time to time. Such rates,

30  rentals, fees, and charges shall not be subject to supervision

31  or regulation by any department, commission, board, bureau, or

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  1  agency of the state, or of any political subdivision of the

  2  state. Such rates, rentals, fees, and charges shall be so

  3  fixed and revised as to provide the most revenue practicable

  4  from such facilities.

  5         Section 10.  Trust agreement; pledges and

  6  covenants.--Any resolution authorizing the issuance of bonds

  7  under the provisions of this act may provide for the execution

  8  of a trust agreement securing such bonds, and such resolution

  9  or trust agreement may contain such provisions for protecting

10  and enforcing the rights and remedies of the bondholders as

11  may be reasonable and proper and not in violation of law,

12  including covenants setting forth the duties of the District

13  Commission in relation to the acquisition, construction,

14  reconstruction, improvement, extension, enlargement,

15  equipment, maintenance, repair, operation, and insurance of

16  any racing and recreational facilities and provisions for the

17  custody, safeguarding, and application of all moneys, and for

18  the employment of consulting engineers in connection with such

19  acquisition, construction, reconstruction, improvement,

20  extension, enlargement, equipment, maintenance, repair,

21  operation, and insurance of any such racing and recreational

22  facilities. Such resolution or trust agreement may set forth

23  the rights and remedies of the bondholders and of the trustee,

24  if any, and may restrict the individual right of action by

25  bondholders as is customary in trust agreements or trust

26  indentures. In addition to the foregoing, such resolution or

27  trust agreement may contain such other provisions as may be

28  deemed reasonable and proper for the security of the

29  bondholders. Except as in this act otherwise provided, such

30  resolution or trust agreement may provide for the payment of

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

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  1  racing and recreational facilities to such officer, board, or

  2  depositary as may be designated for the custody thereof, and

  3  for the method of disbursement thereof, with such safeguards

  4  and restrictions as may be deemed desirable. All expenses

  5  incurred in carrying out the provisions of such resolution or

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

  7  operation.

  8

  9  Any pledge of revenues made by such resolution or trust

10  agreement shall be valid and binding from the time when the

11  pledge is made; the rates, rentals, fees, and charges and any

12  other revenues so pledged and thereafter received by the

13  District Commission shall immediately be subject to the lien

14  of such pledge without any physical delivery thereof or

15  further act; and the lien of any such pledge shall be valid

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

17  in tort, contract, or otherwise against the District,

18  irrespective of whether such parties have notice thereof.

19         Section 11.  Levy of taxes.--The Board of County

20  Commissioners is hereby authorized and required to levy

21  annually a tax upon all taxable property within the District

22  sufficient to pay the principal of and the interest on all

23  general obligation bonds issued under the provisions of this

24  act as the same shall respectively become due and payable;

25  provided, however, that the amount of such annual tax levy may

26  be reduced in any year by so much of the amount of the

27  proceeds of rates, rentals, fees, and charges, if any, then on

28  deposit to the credit of a special fund for the payment of

29  such principal and interest as shall be certified to the Board

30  of County Commissioners by the District Commission as

31  available for the payment of such principal and interest

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  1  during the year from which such tax shall be levied, but any

  2  such proceeds on deposit to the credit of any reserve account

  3  in such special fund shall not be taken into account in

  4  determining the amount of such tax levy. The proceeds of such

  5  tax levy shall when collected be paid into such special fund

  6  and used for no other purpose than the payment of such

  7  principal and interest.

  8         Section 12.  Trust funds.--All moneys received pursuant

  9  to the authority of this act shall be deemed to be trust

10  funds, to be held and applied solely as provided in this act.

11  Any resolution authorizing the issuance of bonds shall provide

12  that any officer to whom, or any bank, trust company or other

13  fiscal agent to which, such moneys shall be paid shall act as

14  trustee of such moneys and shall hold and apply the same for

15  the purposes hereof, subject to such regulations as this act

16  and such resolution may provide.

17         Section 13.  Remedies.--Any holder of bonds issued

18  under the provisions of this act or of any of the coupons

19  appertaining thereto, and the trustee under any trust

20  agreement, except to the extent the rights herein given may be

21  restricted by the resolution authorizing the issuance of such

22  bonds or such trust agreement, may, either at law or in

23  equity, by suit, action, mandamus, or other proceeding,

24  protect and enforce any and all rights under the laws of the

25  state or granted hereunder or under such resolution or trust

26  agreement, and may enforce and compel the performance of all

27  duties required by this act or by such resolution or trust

28  agreement to be performed by the District, the District

29  Commission, the Board of County Commissioners, or by any

30  officer thereof, including the fixing, charging, and

31  collecting of rates, rentals, fees, and charges.

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  1         Section 14.  Refunding Bonds.--The District Commission

  2  is hereby authorized to provide by resolution for the issuance

  3  of special obligation refunding bonds of the District, and the

  4  Board of County Commissioners is hereby authorized to provide

  5  by resolution, upon the request of the District Commission and

  6  with the concurrence of the District Commission in all of the

  7  provisions of such resolution, for the issuance of general

  8  obligation refunding bonds of the District, for the purpose of

  9  refunding any bonds then outstanding which shall have been

10  issued under the provisions of this act, including the payment

11  of any redemption premium thereon and any interest accrued or

12  to accrue to the date of redemption of such bonds, or for the

13  combined purpose of refunding any such outstanding bonds and

14  paying all or any part of the cost of purchasing or otherwise

15  acquiring, constructing, reconstructing, improving, extending,

16  enlarging, or equipping any racing and recreational

17  facilities; provided, however, that the proceeds of any

18  portion of any such general obligation refunding bonds to be

19  applied to paying all or any part of the cost of purchasing or

20  otherwise acquiring, constructing, reconstructing, improving,

21  extending, enlarging, or equipping any racing or recreational

22  facilities as above provided, together with the aggregate

23  amount of bonds theretofore issued under section 8(b) hereof

24  shall not exceed the aggregate principal amount of $3 million.

25  The issuance of such bonds, the maturities and other details

26  thereof, the rights and remedies of the holders thereof, and

27  the rights, powers, privileges, duties, and obligations of the

28  district, of the County Commissioners, and of the District

29  Commission, with respect to the same shall be governed by the

30  foregoing provisions of this act insofar as the same may be

31  applicable.

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  1         Section 15.  Contracts; competition.--The District

  2  Commission may enter into any contracts or agreements

  3  authorized by this act by negotiation and without public

  4  advertisement or otherwise obtaining competition if in the

  5  sole determination of the District Commission such action is

  6  for the best interests of the District.

  7         Section 16.  Inconsistent laws inapplicable.--All other

  8  general or special laws, or parts thereof, inconsistent

  9  herewith are hereby declared to be inapplicable to the

10  provisions of this act and the issuance of bonds under the

11  provisions of this act need not comply with the requirements

12  of any other law relating to the issuance of bonds.

13         Section 17.  The terms "racing and recreational

14  facilities," "race tracks," and "sporting events," used in

15  this act, shall not embrace or include but shall exclude all

16  race track and jai alai fronton permits and permittees

17  conducting pari-mutuel pools in this state; and the provisions

18  of this act shall not apply to race tracks and jai alai

19  frontons licensed and authorized to operate under chapter 550,

20  Florida Statutes, and amendments thereto.

21         Section 18.  Declaration of public purposes.--It is

22  hereby determined and declared by the Legislature of the State

23  of Florida that all of the powers conferred upon the District

24  and the County by this act, and the exercise of such powers or

25  any of them, constitute and are proper public purposes and are

26  for the welfare and benefit of the District and its

27  inhabitants.

28         Section 19.  Alternative method.--This act shall be

29  deemed to provide an additional and alternative method for the

30  doing of the things authorized hereby and shall be regarded as

31  supplemental to powers conferred by other laws, and shall not

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  1  be regarded as in derogation of any powers now existing. This

  2  act being necessary for the welfare of the inhabitants of the

  3  District and the County shall be liberally construed to effect

  4  the purposes thereof.

  5         Section 20.  The showing of commercial motion pictures

  6  as described in section 847.013, Florida Statutes, in or upon

  7  any of the facilities as defined in section 1(e) is

  8  prohibited.

  9         Section 21.  Financial disclosure.--Requirements for

10  financial disclosure, meeting notices, reporting, public

11  records maintenance, and per diem expenses for officers and

12  employees shall be as set forth in chapters 112 and 189,

13  Florida Statutes.

14         Section 22.  The procedures for District elections and

15  for the qualification of electors shall be pursuant to this

16  act and in accordance with chapter 189, Florida Statutes, as

17  it may be amended from time to time.

18         Section 23.  Financing.--The District may be financed

19  by any method established in this act, and any applicable

20  general laws as they may be amended from time to time.

21         Section 24.  The methods for collecting non-ad valorem

22  assessments, fees, or service charges shall be as set forth in

23  this act, chapter 189, Florida Statutes, and other applicable

24  general laws as they may be amended from time to time.

25         Section 25.  The District's planning requirements shall

26  be as set forth in chapter 189, Florida Statutes, as it may be

27  amended from time to time.

28         Section 4.  Chapters 29588 and 29590, Laws of Florida,

29  1953, were repealed by chapter 31343, Laws of Florida, 1955.

30  Chapter 31343, Laws of Florida, 1955; chapter 63-2023, Laws of

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  1  Florida; chapter 73-647, Laws of Florida; and chapter 80-494,

  2  Laws of Florida, are repealed.

  3         Section 5.  The provisions of this act are severable,

  4  and it is the intention to confer the whole or any part of the

  5  powers herein provided for and if any of the provisions of

  6  this act or any of the powers granted by this act shall be

  7  held unconstitutional by any court of competent jurisdiction,

  8  the decision of such court shall not affect or impair any of

  9  the remaining provisions of this act or any of the remaining

10  powers granted by this act. It is hereby declared to be the

11  legislative intent that this act would have been adopted had

12  such unconstitutional provision or power not been included

13  therein.

14         Section 6.  This act shall take effect upon becoming a

15  law.

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