| 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. |