1 | A bill to be entitled |
2 | An act relating to the Tallahassee-Leon County Civic |
3 | Center Authority; codifying, amending, repealing, and |
4 | reenacting the authority's special acts; providing for |
5 | planning, developing, operating, and maintaining a |
6 | comprehensive complex of civic, governmental, educational, |
7 | recreational, convention, and entertainment facilities; |
8 | providing for the method and manner of the election, |
9 | selection, and terms of membership of the authority; |
10 | providing powers, functions, privileges, duties, and |
11 | responsibilities of the authority; providing for the |
12 | issuance of bonds; providing for the rights and remedies |
13 | of bondholders; providing for the sources of revenues to |
14 | the authority; naming the Tallahassee-Leon County Civic |
15 | Center; requiring the Division of Alcoholic Beverages and |
16 | Tobacco of the Department of Business and Professional |
17 | Regulation to issue a beverage license to the authority or |
18 | its designee; providing severability; repealing chapters |
19 | 72-605, 77-480, 79-502, and 81-494, Laws of Florida; |
20 | providing an effective date. |
21 |
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22 | Be It Enacted by the Legislature of the State of Florida: |
23 |
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24 | Section 1. Pursuant to section 189.429, Florida Statutes, |
25 | this act constitutes the codification of all special acts |
26 | relating to the Tallahassee-Leon County Civic Center Authority. |
27 | It is the intent of the Legislature to provide a single, |
28 | comprehensive special act charter for the authority, including |
29 | all current legislative enactments as herein provided and any |
30 | additional authority granted by this act and chapter 189, |
31 | Florida Statutes, as the same may be amended from time to time |
32 | for the betterment of the citizens of the City of Tallahassee, |
33 | Leon County, and the university community. It is further the |
34 | intent of this act to preserve selected authority of the |
35 | Tallahassee-Leon County Civic Center Authority while providing |
36 | local authority and management services to Florida State |
37 | University. |
38 | Section 2. Chapters 72-605, 77-480, 79-502, and 81-494, |
39 | Laws of Florida, relating to the Tallahassee-Leon County Civic |
40 | Center Authority, are codified, reenacted, amended, and repealed |
41 | as herein provided. |
42 | Section 3. The charter of the Tallahassee-Leon County |
43 | Civic Center Authority is re-created and reenacted to read: |
44 | Section 1. The Tallahassee-Leon County Civic Center |
45 | Authority, hereinafter referred to as the authority, a local |
46 | public agency, politic and corporate, is created for the purpose |
47 | of planning, developing, operating, and maintaining a |
48 | comprehensive complex of civic, governmental, educational, |
49 | recreational, convention, and entertainment facilities for the |
50 | use and enjoyment of the citizens of Leon County and the state. |
51 | It is the finding of the Legislature that said purposes are |
52 | essential public purposes. |
53 | Section 2. (1) The authority shall consist of a thirteen- |
54 | member board composed of seven members appointed by the |
55 | President of Florida State University, one of these appointments |
56 | shall be elected the chair, two members appointed by the |
57 | President of Florida Agricultural and Mechanical University, two |
58 | members appointed by the Mayor of the City of Tallahassee, and |
59 | two members appointed by the Chair of the Leon County Board of |
60 | County Commissioners. All members shall be appointed to serve |
61 | staggered 4-year terms. In order to achieve staggered terms, |
62 | beginning July 1, 2004, of the initial appointments by the |
63 | President of Florida State University, three members shall serve |
64 | 2-year terms, and one member appointed by the President of |
65 | Florida Agricultural and Mechanical University, one member |
66 | appointed by the mayor, and one member appointed by the Chair of |
67 | the Leon County Board of County Commissioners shall serve 2-year |
68 | terms. |
69 | (2) Upon the death or resignation of any member of the |
70 | authority, a successor shall be appointed by the appropriate |
71 | body for the unexpired term. The members shall not be entitled |
72 | to any compensation for their duties except for actual expenses |
73 | necessarily incurred in the performance of their duties. |
74 | (3) Each member shall serve until his or her successor |
75 | shall be appointed. A majority of the members of the authority |
76 | shall constitute a quorum. A vacancy in the authority shall not |
77 | impair the rights of a quorum to exercise all the rights and |
78 | perform all the duties of the authority. |
79 | (4) The authority shall elect one of its members as chair |
80 | subject to subsection (1), one as vice chair, and one as |
81 | secretary-treasurer. |
82 | Section 3. The following words and terms are defined as |
83 | follows: |
84 | (1) "City" means the City of Tallahassee. |
85 | (2) "County" means Leon County. |
86 | (3) "Authority" means the Tallahassee-Leon County Civic |
87 | Center Authority. |
88 | (4) "Civic, governmental, educational, recreational, |
89 | convention, and entertainment facilities" means and includes |
90 | facilities for all types of civic, governmental, educational, |
91 | recreational, convention, and entertainment purposes, including, |
92 | but not limited to, facilities for accommodating conferences, |
93 | meetings, conventions, citizens' and taxpayers' gatherings, |
94 | exhibitions, sporting events, dances, shows, plays, games, and |
95 | like events. |
96 | (5) "Cost," as applied to any facility, means and includes |
97 | all expenses as may be necessary or incident to acquisition, |
98 | construction, or financing. |
99 | Section 4. The authority is hereby authorized and |
100 | empowered: |
101 | (1) To sue and be sued. |
102 | (2) To contract. |
103 | (3) To adopt bylaws for the regulation of its affairs and |
104 | the conduct of its business. |
105 | (4) To adopt an official seal. |
106 | (5) To purchase, acquire, develop, construct, improve, |
107 | relocate, equip, maintain, and operate any auditorium, stadium, |
108 | coliseum, or other similar facility, including motor vehicle |
109 | parking therefor, which may be used in conjunction with the |
110 | facility. |
111 | (6) To make a comprehensive, long-range master plan for |
112 | the overall orderly development of a civic center complex, to |
113 | develop detailed plans for specific facilities within the |
114 | aforesaid master plan. |
115 | (7) To acquire by grant, purchase, lease, gift, devise, or |
116 | condemnation all property, real or personal, or any estate, |
117 | easement, franchise, or interest therein necessary, desirable, |
118 | or convenient for the purposes of this act, which land shall be |
119 | adjacent and contiguous to the civic center complex; to sell, |
120 | lease, rent, transfer, or otherwise dispose of any property or |
121 | any part thereof or interest therein; and to exercise all of its |
122 | powers and authority with respect thereto. |
123 | (8) To borrow money and issue negotiable bonds, and to |
124 | provide for the rights of the holders thereof, and to secure the |
125 | payment of said bonds by a pledge of all or any portion of the |
126 | revenues and other moneys legally available therefor, and, in |
127 | general, to provide for the security of the bonds and the rights |
128 | and remedies of the holders thereof. |
129 | (9) To fix and collect rates, rentals, fees, and charges |
130 | for the use of any and all facilities owned by the authority, |
131 | including, but not limited to, recreational, convention, |
132 | entertainment, and parking facilities of the authority. |
133 | (10) To provide through contract or in-house service for |
134 | the operation of food and beverage, parking, and other |
135 | concessions relating to the operation of the recreational, |
136 | convention, and entertainment facilities of the authority. |
137 | (11) To make and enter into all contracts and agreements |
138 | and execute all instruments necessary or incidental to the |
139 | performance of the duties imposed and the execution of the |
140 | powers granted under this act and to employ such consulting |
141 | services, engineers, superintendents, managers, construction and |
142 | financial experts and attorneys, and such employees and agents |
143 | as may, in the judgment of the authority, be deemed necessary |
144 | and fix their compensation. |
145 | (12) To cooperate with and contract with the government of |
146 | the United States or the state, or any agency or instrumentality |
147 | of either thereof, or with any municipality, district, private |
148 | corporation, copartnership, association, or individual in |
149 | carrying out the powers granted in this act. |
150 | (13) To accept gifts of money or property, real or |
151 | personal, from any individual or the federal, state, county, or |
152 | municipal government. |
153 | (14) To provide use of the facility for graduation |
154 | ceremonies for Florida Agricultural and Mechanical University, |
155 | Tallahassee Community College, Florida State University, and |
156 | public high schools in Leon County. |
157 | (15) The purpose of the Tallahassee-Leon County Civic |
158 | Center Authority shall continue to be service to the community, |
159 | community users, including, but not limited to, the university |
160 | community, civic associations, and other not-for-profit groups |
161 | within the service district. Furthermore, the city and county |
162 | shall be assured of the option to locate a community performing |
163 | arts center at the Tallahassee-Leon County Civic Center complex |
164 | and shall consult with the authority regarding any location at |
165 | the complex. A final decision regarding the location of the |
166 | performing arts center shall be made no later than June 30, |
167 | 2005. Should a community performing arts center be located at |
168 | the Tallahassee-Leon County Civic Center, the usage shall be |
169 | governed by the community. |
170 | (16) The Tallahassee-Leon County Civic Center Authority |
171 | shall be a local public agency, politic and corporate primarily |
172 | acting as an instrumentality or agency of the state, pursuant to |
173 | section 768.28(2), Florida Statutes, for purposes of sovereign |
174 | immunity. |
175 | Section 5. (1) The authority is hereby authorized to |
176 | issue bonds from time to time in such principal amount as in the |
177 | opinion of the authority shall be necessary to provide |
178 | sufficient moneys for achieving its lawful purposes. Bonds shall |
179 | be authorized by resolution of the members of the authority and |
180 | shall bear such date or dates; mature at such time or times, not |
181 | to exceed 40 years; bear interest at such rate or rates as shall |
182 | be determined by the authority; be payable solely from all |
183 | revenues and income of the authority, including the receipts |
184 | from lease rentals and appropriations from the United States, |
185 | the state, or any political subdivision thereof, in such medium |
186 | of payment and at such place or places; be subject to such terms |
187 | of redemption; and be entitled to such priorities of lien on the |
188 | revenues and other available moneys as such resolution may |
189 | provide. The bonds shall be executed either by manual or |
190 | facsimile signature by such officers as the authority shall |
191 | determine. Such bonds shall have the seal of the authority |
192 | affixed or imprinted thereon. The bonds shall be sold at public |
193 | or private sale and upon such terms and conditions as the |
194 | authority deems in the best public interest. |
195 | (2) The authority may enter into any deeds of trust, |
196 | indentures, or other agreements with any bank or trust company |
197 | within or without the state as security for such bonds and may, |
198 | under such agreements, assign and pledge all or any of the |
199 | revenues and other available moneys pursuant to the terms of |
200 | this act. Such deed of trust, indenture, or other agreement may |
201 | contain such provisions as are customary in such instrument or |
202 | as the authority may authorize, including, but not limited to, |
203 | provisions as to: |
204 | (a) The pledging of all or any part of the revenues or |
205 | other moneys lawfully available therefor. |
206 | (b) The application of funds and the safeguarding of funds |
207 | on hand or on deposit. |
208 | (c) The rights and remedies of the trustees and the |
209 | holders of the bonds. |
210 | (d) The terms and provisions of the bonds or the |
211 | resolutions authorizing the issuance of the same. |
212 | (e) Any other or additional matters of like or different |
213 | character that in any way may affect the security or protection |
214 | of the bonds. |
215 | (3) The bonds issued pursuant to this act are hereby |
216 | declared to be negotiable instruments and shall have all the |
217 | qualities and incidents of negotiable instruments under the law |
218 | merchant and the negotiable instruments law of the state. |
219 | Section 6. The boundaries of the Tallahassee-Leon County |
220 | Civic Center Authority shall be coexistent with the boundaries |
221 | of Leon County. |
222 | Section 7. The Civic Center facility shall continue to be |
223 | named the "Donald L. Tucker Civic Center" and referred to as |
224 | such in all publications, advertisements, notices, and other |
225 | such documents in recognition of the untiring and unselfish |
226 | efforts of Donald L. Tucker in his years of service as a |
227 | representative of the district encompassing Tallahassee and Leon |
228 | County and in recognition and appreciation of the invaluable |
229 | service he has provided to his constituency and to the state by |
230 | his efforts in bringing about the construction of this complex. |
231 | Section 8. The authority is authorized and directed to |
232 | erect suitable markers, which shall include a marker over the |
233 | main entrance of the center, reflecting the name of the civic |
234 | center as described in section 7. Subsequent facilities located |
235 | within, on site or the greater complex may be designated for |
236 | other individuals who are deemed by the authority to have made |
237 | substantial contribution to the further development of the |
238 | facility. |
239 | Section 9. In addition to any licenses that may be issued |
240 | under the provisions of the beverage law of the state, the |
241 | Division of Alcoholic Beverages and Tobacco of the Department of |
242 | Business and Professional Regulation shall issue a special |
243 | license or special licenses to qualified applicants consisting |
244 | of the Tallahassee-Leon County Civic Center Authority or its |
245 | designee for use within the confines of the 20-acre civic center |
246 | complex located within the City of Tallahassee and known as the |
247 | Donald L. Tucker Civic Center; however, such license issued |
248 | pursuant to this act shall only permit the licensee to sell |
249 | alcoholic beverages for on-premises consumption, or off-premises |
250 | consumption for events sponsored through the civic center. |
251 | Section 10. The provisions of this act are severable, and |
252 | it is the intent of the Legislature to confer the whole or any |
253 | part of the powers herein provided for. If any of the provisions |
254 | of this act or any of the powers granted by this act are held |
255 | unconstitutional by any court of competent jurisdiction, the |
256 | decision of the court shall not affect or impair any of the |
257 | remaining provisions of this act or any of the remaining powers |
258 | granted by this act. |
259 | Section 4. Chapters 72-605, 77-480, 79-502, and 81-494, |
260 | Laws of Florida, are repealed. |
261 | Section 5. This act shall take effect upon becoming a law. |