HB 1159

1
A bill to be entitled
2An act relating to the Tallahassee-Leon County Civic
3Center Authority; codifying, amending, repealing, and
4reenacting the authority's special acts; providing for
5planning, developing, operating, and maintaining a
6comprehensive complex of civic, governmental, educational,
7recreational, convention, and entertainment facilities;
8providing for the method and manner of the election,
9selection, and terms of membership of the authority;
10providing powers, functions, privileges, duties, and
11responsibilities of the authority; providing for the
12issuance of bonds; providing for the rights and remedies
13of bondholders; providing for the sources of revenues to
14the authority; naming the Tallahassee-Leon County Civic
15Center; requiring the Division of Alcoholic Beverages and
16Tobacco of the Department of Business and Professional
17Regulation to issue a beverage license to the authority or
18its designee; providing severability; repealing chapters
1972-605, 77-480, 79-502, and 81-494, Laws of Florida;
20providing an effective date.
21
22Be It Enacted by the Legislature of the State of Florida:
23
24     Section 1.  Pursuant to section 189.429, Florida Statutes,
25this act constitutes the codification of all special acts
26relating to the Tallahassee-Leon County Civic Center Authority.
27It is the intent of the Legislature to provide a single,
28comprehensive special act charter for the authority, including
29all current legislative enactments as herein provided and any
30additional authority granted by this act and chapter 189,
31Florida Statutes, as the same may be amended from time to time
32for the betterment of the citizens of the City of Tallahassee,
33Leon County, and the university community. It is further the
34intent of this act to preserve selected authority of the
35Tallahassee-Leon County Civic Center Authority while providing
36local authority and management services to Florida State
37University.
38     Section 2.  Chapters 72-605, 77-480, 79-502, and 81-494,
39Laws of Florida, relating to the Tallahassee-Leon County Civic
40Center Authority, are codified, reenacted, amended, and repealed
41as herein provided.
42     Section 3.  The charter of the Tallahassee-Leon County
43Civic Center Authority is re-created and reenacted to read:
44     Section 1.  The Tallahassee-Leon County Civic Center
45Authority, hereinafter referred to as the authority, a local
46public agency, politic and corporate, is created for the purpose
47of planning, developing, operating, and maintaining a
48comprehensive complex of civic, governmental, educational,
49recreational, convention, and entertainment facilities for the
50use and enjoyment of the citizens of Leon County and the state.
51It is the finding of the Legislature that said purposes are
52essential public purposes.
53     Section 2.  (1)  The authority shall consist of a thirteen-
54member board composed of seven members appointed by the
55President of Florida State University, one of these appointments
56shall be elected the chair, two members appointed by the
57President of Florida Agricultural and Mechanical University, two
58members appointed by the Mayor of the City of Tallahassee, and
59two members appointed by the Chair of the Leon County Board of
60County Commissioners. All members shall be appointed to serve
61staggered 4-year terms. In order to achieve staggered terms,
62beginning July 1, 2004, of the initial appointments by the
63President of Florida State University, three members shall serve
642-year terms, and one member appointed by the President of
65Florida Agricultural and Mechanical University, one member
66appointed by the mayor, and one member appointed by the Chair of
67the Leon County Board of County Commissioners shall serve 2-year
68terms.
69     (2)  Upon the death or resignation of any member of the
70authority, a successor shall be appointed by the appropriate
71body for the unexpired term. The members shall not be entitled
72to any compensation for their duties except for actual expenses
73necessarily incurred in the performance of their duties.
74     (3)  Each member shall serve until his or her successor
75shall be appointed. A majority of the members of the authority
76shall constitute a quorum. A vacancy in the authority shall not
77impair the rights of a quorum to exercise all the rights and
78perform all the duties of the authority.
79     (4)  The authority shall elect one of its members as chair
80subject to subsection (1), one as vice chair, and one as
81secretary-treasurer.
82     Section 3.  The following words and terms are defined as
83follows:
84     (1)  "City" means the City of Tallahassee.
85     (2)  "County" means Leon County.
86     (3)  "Authority" means the Tallahassee-Leon County Civic
87Center Authority.
88     (4)  "Civic, governmental, educational, recreational,
89convention, and entertainment facilities" means and includes
90facilities for all types of civic, governmental, educational,
91recreational, convention, and entertainment purposes, including,
92but not limited to, facilities for accommodating conferences,
93meetings, conventions, citizens' and taxpayers' gatherings,
94exhibitions, sporting events, dances, shows, plays, games, and
95like events.
96     (5)  "Cost," as applied to any facility, means and includes
97all expenses as may be necessary or incident to acquisition,
98construction, or financing.
99     Section 4.  The authority is hereby authorized and
100empowered:
101     (1)  To sue and be sued.
102     (2)  To contract.
103     (3)  To adopt bylaws for the regulation of its affairs and
104the conduct of its business.
105     (4)  To adopt an official seal.
106     (5)  To purchase, acquire, develop, construct, improve,
107relocate, equip, maintain, and operate any auditorium, stadium,
108coliseum, or other similar facility, including motor vehicle
109parking therefor, which may be used in conjunction with the
110facility.
111     (6)  To make a comprehensive, long-range master plan for
112the overall orderly development of a civic center complex, to
113develop detailed plans for specific facilities within the
114aforesaid master plan.
115     (7)  To acquire by grant, purchase, lease, gift, devise, or
116condemnation all property, real or personal, or any estate,
117easement, franchise, or interest therein necessary, desirable,
118or convenient for the purposes of this act, which land shall be
119adjacent and contiguous to the civic center complex; to sell,
120lease, rent, transfer, or otherwise dispose of any property or
121any part thereof or interest therein; and to exercise all of its
122powers and authority with respect thereto.
123     (8)  To borrow money and issue negotiable bonds, and to
124provide for the rights of the holders thereof, and to secure the
125payment of said bonds by a pledge of all or any portion of the
126revenues and other moneys legally available therefor, and, in
127general, to provide for the security of the bonds and the rights
128and remedies of the holders thereof.
129     (9)  To fix and collect rates, rentals, fees, and charges
130for the use of any and all facilities owned by the authority,
131including, but not limited to, recreational, convention,
132entertainment, and parking facilities of the authority.
133     (10)  To provide through contract or in-house service for
134the operation of food and beverage, parking, and other
135concessions relating to the operation of the recreational,
136convention, and entertainment facilities of the authority.
137     (11)  To make and enter into all contracts and agreements
138and execute all instruments necessary or incidental to the
139performance of the duties imposed and the execution of the
140powers granted under this act and to employ such consulting
141services, engineers, superintendents, managers, construction and
142financial experts and attorneys, and such employees and agents
143as may, in the judgment of the authority, be deemed necessary
144and fix their compensation.
145     (12)  To cooperate with and contract with the government of
146the United States or the state, or any agency or instrumentality
147of either thereof, or with any municipality, district, private
148corporation, copartnership, association, or individual in
149carrying out the powers granted in this act.
150     (13)  To accept gifts of money or property, real or
151personal, from any individual or the federal, state, county, or
152municipal government.
153     (14)  To provide use of the facility for graduation
154ceremonies for Florida Agricultural and Mechanical University,
155Tallahassee Community College, Florida State University, and
156public high schools in Leon County.
157     (15)  The purpose of the Tallahassee-Leon County Civic
158Center Authority shall continue to be service to the community,
159community users, including, but not limited to, the university
160community, civic associations, and other not-for-profit groups
161within the service district. Furthermore, the city and county
162shall be assured of the option to locate a community performing
163arts center at the Tallahassee-Leon County Civic Center complex
164and shall consult with the authority regarding any location at
165the complex. A final decision regarding the location of the
166performing arts center shall be made no later than June 30,
1672005. Should a community performing arts center be located at
168the Tallahassee-Leon County Civic Center, the usage shall be
169governed by the community.
170     (16)  The Tallahassee-Leon County Civic Center Authority
171shall be a local public agency, politic and corporate primarily
172acting as an instrumentality or agency of the state, pursuant to
173section 768.28(2), Florida Statutes, for purposes of sovereign
174immunity.
175     Section 5.  (1)  The authority is hereby authorized to
176issue bonds from time to time in such principal amount as in the
177opinion of the authority shall be necessary to provide
178sufficient moneys for achieving its lawful purposes. Bonds shall
179be authorized by resolution of the members of the authority and
180shall bear such date or dates; mature at such time or times, not
181to exceed 40 years; bear interest at such rate or rates as shall
182be determined by the authority; be payable solely from all
183revenues and income of the authority, including the receipts
184from lease rentals and appropriations from the United States,
185the state, or any political subdivision thereof, in such medium
186of payment and at such place or places; be subject to such terms
187of redemption; and be entitled to such priorities of lien on the
188revenues and other available moneys as such resolution may
189provide. The bonds shall be executed either by manual or
190facsimile signature by such officers as the authority shall
191determine. Such bonds shall have the seal of the authority
192affixed or imprinted thereon. The bonds shall be sold at public
193or private sale and upon such terms and conditions as the
194authority deems in the best public interest.
195     (2)  The authority may enter into any deeds of trust,
196indentures, or other agreements with any bank or trust company
197within or without the state as security for such bonds and may,
198under such agreements, assign and pledge all or any of the
199revenues and other available moneys pursuant to the terms of
200this act. Such deed of trust, indenture, or other agreement may
201contain such provisions as are customary in such instrument or
202as the authority may authorize, including, but not limited to,
203provisions as to:
204     (a)  The pledging of all or any part of the revenues or
205other moneys lawfully available therefor.
206     (b)  The application of funds and the safeguarding of funds
207on hand or on deposit.
208     (c)  The rights and remedies of the trustees and the
209holders of the bonds.
210     (d)  The terms and provisions of the bonds or the
211resolutions authorizing the issuance of the same.
212     (e)  Any other or additional matters of like or different
213character that in any way may affect the security or protection
214of the bonds.
215     (3)  The bonds issued pursuant to this act are hereby
216declared to be negotiable instruments and shall have all the
217qualities and incidents of negotiable instruments under the law
218merchant and the negotiable instruments law of the state.
219     Section 6.  The boundaries of the Tallahassee-Leon County
220Civic Center Authority shall be coexistent with the boundaries
221of Leon County.
222     Section 7.  The Civic Center facility shall continue to be
223named the "Donald L. Tucker Civic Center" and referred to as
224such in all publications, advertisements, notices, and other
225such documents in recognition of the untiring and unselfish
226efforts of Donald L. Tucker in his years of service as a
227representative of the district encompassing Tallahassee and Leon
228County and in recognition and appreciation of the invaluable
229service he has provided to his constituency and to the state by
230his efforts in bringing about the construction of this complex.
231     Section 8.  The authority is authorized and directed to
232erect suitable markers, which shall include a marker over the
233main entrance of the center, reflecting the name of the civic
234center as described in section 7.  Subsequent facilities located
235within, on site or the greater complex may be designated for
236other individuals who are deemed by the authority to have made
237substantial contribution to the further development of the
238facility.  
239     Section 9.  In addition to any licenses that may be issued
240under the provisions of the beverage law of the state, the
241Division of Alcoholic Beverages and Tobacco of the Department of
242Business and Professional Regulation shall issue a special
243license or special licenses to qualified applicants consisting
244of the Tallahassee-Leon County Civic Center Authority or its
245designee for use within the confines of the 20-acre civic center
246complex located within the City of Tallahassee and known as the
247Donald L. Tucker Civic Center; however, such license issued
248pursuant to this act shall only permit the licensee to sell
249alcoholic beverages for on-premises consumption, or off-premises
250consumption for events sponsored through the civic center.
251     Section 10.  The provisions of this act are severable, and
252it is the intent of the Legislature to confer the whole or any
253part of the powers herein provided for. If any of the provisions
254of this act or any of the powers granted by this act are held
255unconstitutional by any court of competent jurisdiction, the
256decision of the court shall not affect or impair any of the
257remaining provisions of this act or any of the remaining powers
258granted by this act.
259     Section 4.  Chapters 72-605, 77-480, 79-502, and 81-494,
260Laws of Florida, are repealed.
261     Section 5.  This act shall take effect upon becoming a law.


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