HB 1159CS

CHAMBER ACTION



1The Committee on Local Government & Veterans' Affairs recommends
2the following:
3
4     Committee Substitute
5
     Remove the entire bill and insert:
6
A bill to be entitled
7An act relating to the Tallahassee-Leon County Civic
8Center Authority; codifying, amending, repealing, and
9reenacting the authority's special acts; providing for
10planning, developing, operating, and maintaining a
11comprehensive complex of civic, governmental, educational,
12recreational, convention, and entertainment facilities;
13providing for the method and manner of the election,
14selection, and terms of membership of the authority;
15providing powers, functions, privileges, duties, and
16responsibilities of the authority; providing for the
17issuance of bonds; providing for the rights and remedies
18of bondholders; providing for the sources of revenues to
19the authority; naming the Tallahassee-Leon County Civic
20Center; requiring the Division of Alcoholic Beverages and
21Tobacco of the Department of Business and Professional
22Regulation to issue a beverage license to the authority or
23its designee; providing severability; repealing chapters
2472-605, 77-480, 79-502, and 81-494, Laws of Florida;
25providing an effective date.
26
27Be It Enacted by the Legislature of the State of Florida:
28
29     Section 1.  Pursuant to section 189.429, Florida Statutes,
30this act constitutes the codification of all special acts
31relating to the Tallahassee-Leon County Civic Center Authority.
32It is the intent of the Legislature to provide a single,
33comprehensive special act charter for the authority, including
34all current legislative enactments as herein provided and any
35additional authority granted by this act and chapter 189,
36Florida Statutes, as the same may be amended from time to time
37for the betterment of the citizens of the City of Tallahassee,
38Leon County, and the university community. It is further the
39intent of this act to preserve selected authority of the
40Tallahassee-Leon County Civic Center Authority while providing
41local authority and management services to Florida State
42University.
43     Section 2.  Chapters 72-605, 77-480, 79-502, and 81-494,
44Laws of Florida, relating to the Tallahassee-Leon County Civic
45Center Authority, are codified, reenacted, amended, and repealed
46as herein provided.
47     Section 3.  The charter of the Tallahassee-Leon County
48Civic Center Authority is re-created and reenacted to read:
49     Section 1.  The Tallahassee-Leon County Civic Center
50Authority, hereinafter referred to as the authority, a local
51public agency, politic and corporate, is created for the purpose
52of planning, developing, operating, and maintaining a
53comprehensive complex of civic, governmental, educational,
54recreational, convention, and entertainment facilities for the
55use and enjoyment of the citizens of Leon County and the state.
56It is the finding of the Legislature that said purposes are
57essential public purposes.
58     Section 2.  (1)  The authority shall consist of a thirteen-
59member board composed of seven members appointed by the
60President of Florida State University, one of these appointments
61shall be elected the chair, two members appointed by the
62President of Florida Agricultural and Mechanical University, two
63members appointed by the Mayor of the City of Tallahassee, and
64two members appointed by the Chair of the Leon County Board of
65County Commissioners. All members shall be appointed to serve
66staggered 4-year terms. In order to achieve staggered terms,
67beginning July 1, 2004, of the initial appointments by the
68President of Florida State University, three members shall serve
692-year terms, and one member appointed by the President of
70Florida Agricultural and Mechanical University, one member
71appointed by the mayor, and one member appointed by the Chair of
72the Leon County Board of County Commissioners shall serve 2-year
73terms.
74     (2)  Upon the death or resignation of any member of the
75authority, a successor shall be appointed by the appropriate
76body for the unexpired term. The members shall not be entitled
77to any compensation for their duties except for actual expenses
78necessarily incurred in the performance of their duties.
79     (3)  Each member shall serve until his or her successor
80shall be appointed. A majority of the members of the authority
81shall constitute a quorum. A vacancy in the authority shall not
82impair the rights of a quorum to exercise all the rights and
83perform all the duties of the authority.
84     (4)  The authority shall elect one of its members as chair
85subject to subsection (1), one as vice chair, and one as
86secretary-treasurer.
87     Section 3.  The following words and terms are defined as
88follows:
89     (1)  "City" means the City of Tallahassee.
90     (2)  "County" means Leon County.
91     (3)  "Authority" means the Tallahassee-Leon County Civic
92Center Authority.
93     (4)  "Civic, governmental, educational, recreational,
94convention, and entertainment facilities" means and includes
95facilities for all types of civic, governmental, educational,
96recreational, convention, and entertainment purposes, including,
97but not limited to, facilities for accommodating conferences,
98meetings, conventions, citizens' and taxpayers' gatherings,
99exhibitions, sporting events, dances, shows, plays, games, and
100like events.
101     (5)  "Cost," as applied to any facility, means and includes
102all expenses as may be necessary or incident to acquisition,
103construction, or financing.
104     Section 4.  The authority is hereby authorized and
105empowered:
106     (1)  To sue and be sued.
107     (2)  To contract.
108     (3)  To adopt bylaws for the regulation of its affairs and
109the conduct of its business.
110     (4)  To adopt an official seal.
111     (5)  To purchase, acquire, develop, construct, improve,
112relocate, equip, maintain, and operate any auditorium, stadium,
113coliseum, or other similar facility, including motor vehicle
114parking therefor, which may be used in conjunction with the
115facility.
116     (6)  To make a comprehensive, long-range master plan for
117the overall orderly development of a civic center complex, to
118develop detailed plans for specific facilities within the
119aforesaid master plan.
120     (7)  To acquire by grant, purchase, lease, gift, devise, or
121condemnation all property, real or personal, or any estate,
122easement, franchise, or interest therein necessary, desirable,
123or convenient for the purposes of this act, which land shall be
124adjacent and contiguous to the civic center complex; to sell,
125lease, rent, transfer, or otherwise dispose of any property or
126any part thereof or interest therein; and to exercise all of its
127powers and authority with respect thereto.
128     (8)  To borrow money and issue negotiable bonds, and to
129provide for the rights of the holders thereof, and to secure the
130payment of said bonds by a pledge of all or any portion of the
131revenues and other moneys legally available therefor, and, in
132general, to provide for the security of the bonds and the rights
133and remedies of the holders thereof.
134     (9)  To fix and collect rates, rentals, fees, and charges
135for the use of any and all facilities owned by the authority,
136including, but not limited to, recreational, convention,
137entertainment, and parking facilities of the authority.
138     (10)  To provide through contract or in-house service for
139the operation of food and beverage, parking, and other
140concessions relating to the operation of the recreational,
141convention, and entertainment facilities of the authority.
142     (11)  To make and enter into all contracts and agreements
143and execute all instruments necessary or incidental to the
144performance of the duties imposed and the execution of the
145powers granted under this act and to employ such consulting
146services, engineers, superintendents, managers, construction and
147financial experts and attorneys, and such employees and agents
148as may, in the judgment of the authority, be deemed necessary
149and fix their compensation.
150     (12)  To cooperate with and contract with the government of
151the United States or the state, or any agency or instrumentality
152of either thereof, or with any municipality, district, private
153corporation, copartnership, association, or individual in
154carrying out the powers granted in this act.
155     (13)  To accept gifts of money or property, real or
156personal, from any individual or the federal, state, county, or
157municipal government.
158     (14)  To provide use of the facility for graduation
159ceremonies for Florida Agricultural and Mechanical University,
160Tallahassee Community College, Florida State University, and
161public high schools in Leon County.
162     (15)  The purpose of the Tallahassee-Leon County Civic
163Center Authority shall continue to be service to the community,
164community users, including, but not limited to, the university
165community, civic associations, and other not-for-profit groups
166within the service district. Furthermore, the city and county
167shall be assured of the option to locate a community performing
168arts center at the Tallahassee-Leon County Civic Center complex
169and shall consult with the authority regarding any location at
170the complex. A final decision regarding the location of the
171performing arts center shall be made no later than June 30,
1722005. Should a community performing arts center be located at
173the Tallahassee-Leon County Civic Center, the usage shall be
174governed by the community.
175     (16)  The Tallahassee-Leon County Civic Center Authority
176shall be a local public agency, politic and corporate primarily
177acting as an instrumentality or agency of the state, pursuant to
178section 768.28(2), Florida Statutes, for purposes of sovereign
179immunity.
180     Section 5.  (1)  The authority is hereby authorized to
181issue bonds from time to time in such principal amount as in the
182opinion of the authority shall be necessary to provide
183sufficient moneys for achieving its lawful purposes. Bonds shall
184be authorized by resolution of the members of the authority and
185shall bear such date or dates; mature at such time or times, not
186to exceed 40 years; bear interest at such rate or rates as shall
187be determined by the authority; be payable solely from all
188revenues and income of the authority, including the receipts
189from lease rentals and appropriations from the United States,
190the state, or any political subdivision thereof, in such medium
191of payment and at such place or places; be subject to such terms
192of redemption; and be entitled to such priorities of lien on the
193revenues and other available moneys as such resolution may
194provide. The bonds shall be executed either by manual or
195facsimile signature by such officers as the authority shall
196determine. Such bonds shall have the seal of the authority
197affixed or imprinted thereon. The bonds shall be sold at public
198or private sale and upon such terms and conditions as the
199authority deems in the best public interest.
200     (2)  The authority may enter into any deeds of trust,
201indentures, or other agreements with any bank or trust company
202within or without the state as security for such bonds and may,
203under such agreements, assign and pledge all or any of the
204revenues and other available moneys pursuant to the terms of
205this act. Such deed of trust, indenture, or other agreement may
206contain such provisions as are customary in such instrument or
207as the authority may authorize, including, but not limited to,
208provisions as to:
209     (a)  The pledging of all or any part of the revenues or
210other moneys lawfully available therefor.
211     (b)  The application of funds and the safeguarding of funds
212on hand or on deposit.
213     (c)  The rights and remedies of the trustees and the
214holders of the bonds.
215     (d)  The terms and provisions of the bonds or the
216resolutions authorizing the issuance of the same.
217     (e)  Any other or additional matters of like or different
218character that in any way may affect the security or protection
219of the bonds.
220     (3)  The bonds issued pursuant to this act are hereby
221declared to be negotiable instruments and shall have all the
222qualities and incidents of negotiable instruments under the law
223merchant and the negotiable instruments law of the state.
224     Section 6.  The boundaries of the Tallahassee-Leon County
225Civic Center Authority shall be coexistent with the boundaries
226of Leon County.
227     Section 7.  The Civic Center facility shall continue to be
228named the "Donald L. Tucker Civic Center" and referred to as
229such in all publications, advertisements, notices, and other
230such documents in recognition of the untiring and unselfish
231efforts of Donald L. Tucker in his years of service as a
232representative of the district encompassing Tallahassee and Leon
233County and in recognition and appreciation of the invaluable
234service he has provided to his constituency and to the state by
235his efforts in bringing about the construction of this complex.
236     Section 8.  The authority is authorized and directed to
237erect suitable markers, which shall include a marker over the
238main entrance of the center, reflecting the name of the civic
239center as described in section 7.  Subsequent facilities located
240within, on site or the greater complex may be designated for
241other individuals who are deemed by the authority to have made
242substantial contribution to the further development of the
243facility.  
244     Section 9.  In addition to any licenses that may be issued
245under the provisions of the beverage law of the state, the
246Division of Alcoholic Beverages and Tobacco of the Department of
247Business and Professional Regulation shall issue a special
248license or special licenses to qualified applicants consisting
249of the Tallahassee-Leon County Civic Center Authority or its
250designee for use within the confines of the 20-acre civic center
251complex located within the City of Tallahassee and known as the
252Donald L. Tucker Civic Center; however, such license issued
253pursuant to this act shall only permit the licensee to sell
254alcoholic beverages for on-premises consumption, or off-premises
255consumption for events sponsored through the civic center.
256     Section 10.  The provisions of this act are severable, and
257it is the intent of the Legislature to confer the whole or any
258part of the powers herein provided for. If any of the provisions
259of this act or any of the powers granted by this act are held
260unconstitutional by any court of competent jurisdiction, the
261decision of the court shall not affect or impair any of the
262remaining provisions of this act or any of the remaining powers
263granted by this act.
264     Section 4.  Chapters 72-605, 77-480, 79-502, and 81-494,
265Laws of Florida, are repealed.
266     Section 5.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.