Senate Bill sb2316
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Florida Senate - 2004 (NP) SB 2316
By Senator Lynn
7-1505-04 See HB 629
1 A bill to be entitled
2 An act relating to the Daytona Beach Downtown
3 Development Authority, Volusia County;
4 codifying, amending, reenacting, and repealing
5 the authority's special acts; providing a
6 popular name; providing definitions; providing
7 legislative findings; providing boundaries;
8 providing for supervision, appointment,
9 removal, terms, qualifications, compensation,
10 and filling of vacancies on the authority;
11 providing for functions and powers of the
12 authority; providing for ad valorem taxation;
13 providing for board records and fiscal
14 management; providing for issuance of
15 certificates; providing for elections;
16 providing for millage limitations; providing
17 for special assessments; providing for liberal
18 construction; providing an effective date.
19
20 Be It Enacted by the Legislature of the State of Florida:
21
22 Section 1. Pursuant to section 189.429, Florida
23 Statutes, this act constitutes the codification of all special
24 acts relating to the Daytona Beach Downtown Development
25 Authority. It is the intent of the Legislature in enacting
26 this law to provide a single, comprehensive special act
27 charter for the district, including all current legislative
28 authority granted to the district by its several legislative
29 enactments and any additional authority granted by this act.
30 It is further the intent of this act to preserve all district
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Florida Senate - 2004 (NP) SB 2316
7-1505-04 See HB 629
1 authority in addition to any authority contained in the
2 Florida Statutes, as amended from time to time.
3 Section 2. Chapters 72-520, 77-537, 79-446, and
4 80-493, Laws of Florida, are amended, codified, reenacted, and
5 repealed as herein provided.
6 Section 3. The charter for the Daytona Beach Downtown
7 Development Authority is re-created and reenacted to read:
8 Section 1. Popular name.--This act shall be known and
9 may be cited as the "Daytona Beach Downtown Development
10 Authority Act."
11 Section 2. Definitions and rules of
12 construction.--Unless qualified in the text, the following
13 definitions and rules of construction shall apply hereto:
14 (1) "Board" means the Daytona Beach Downtown
15 Development Authority and any successor to its functions,
16 authority, rights, and obligations.
17 (2) "City" and "Daytona Beach" mean the City of
18 Daytona Beach.
19 (3) "City commission" means the Daytona Beach City
20 Commission and any succeeding governing body of the city.
21 (4) "Downtown" and "downtown area" mean the area as
22 set forth herein and to which this act primarily relates,
23 including the central business district and its environs.
24 (5) "Elector" shall be synonymous with the term
25 "voter" or "qualified elector or voter."
26 (6) "Freeholder" means any owner of real property in
27 the downtown area not wholly exempt from ad valorem taxation,
28 whether individual, corporation, trust, estate, or partnership
29 residing or with its principal place of business located in
30 the United States of America.
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Florida Senate - 2004 (NP) SB 2316
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1 (7) "Herein," "hereby," "hereof," and similar
2 compounds refer to the entire act.
3 (8) "Including" shall be construed as merely
4 introducing illustrative examples and not as limiting in any
5 way the generality of the inclusive term.
6 (9) "Majority without qualification" means a majority
7 of a quorum.
8 (10) "Mayor" means the Mayor of the City of Daytona
9 Beach.
10 (11) "State" means the State of Florida.
11 Section 3. Statement of policy and legislative
12 findings.--
13 (1) It is the policy of the state to make it possible
14 for the city to revitalize and preserve property values and
15 prevent deterioration in the downtown area by a system of
16 self-help to correct the commercial blight of such
17 deterioration as has developed there. The authority hereby
18 created is intended to provide a means whereby property owners
19 who will benefit directly from the results of such a program
20 will bear the substantial cost thereof and local problems may
21 be solved on the local level through the authority hereby
22 created.
23 (2) The Legislature hereby finds and declares that
24 among the many causes of commercial blight in the downtown
25 area are the following: impeded automobile traffic flow due to
26 outmoded street patterns, proliferation of uncoordinated uses
27 and parking areas, unsuitable topography, faulty lot layouts,
28 fragmentation of land uses and parking areas necessitating
29 frequent automobile movement, lack of separation of pedestrian
30 areas from automobile traffic, lack of separation of vehicle
31 traffic lanes, and strangled automobile traffic. Voluntary
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Florida Senate - 2004 (NP) SB 2316
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1 cooperation for coordinated development has limitations
2 because of fragmentary ownership, absentee ownership, and
3 unusual conditions of title and other conditions.
4 (3) The downtown area is plagued with vacant and
5 deteriorating buildings, which are neglected and produce an
6 undesirable atmosphere. Similarly, there is much vacant land
7 area in the downtown area, and these factors tend to combine
8 to put the downtown area at a competitive disadvantage to
9 modern offices and shopping centers developing in the area.
10 Many businesses of all types have left the area for new
11 locations in suburban shopping centers, and few businesses
12 have entered to take their places. The oldest commercial
13 structures in the city are in this area and some are obsolete,
14 of inferior construction, and incompatible with modern
15 functional design as is featured in competitive shopping
16 centers. These factors tend to develop an image of the
17 downtown area which is unrepresentative of its economic
18 vitality and out of place with the growth of Daytona Beach,
19 thus producing a tarnishing effect on the overall image of the
20 city.
21 (4) The area now has few residences and many of the
22 residences that do exist are undersized and of inferior
23 construction, which would not be permitted for new
24 construction under the city's building code. It is in some
25 instances a proper function of government to remove blight and
26 blighting influences from commercial areas. The police power
27 may be inadequate to accomplish this purpose. One effective
28 device for removal of the blight from the downtown area is the
29 planning and implementation of planning for appropriate land
30 use, beautification, continuity of planning and aesthetic and
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1 technical design concepts, and removal of deteriorated and
2 obsolescent structures.
3 (5) The Legislature further finds and declares that
4 the provisions of this act and the powers afforded to the
5 board are desirable to guide and accomplish the coordinated,
6 balanced, and harmonious development of the downtown area in
7 accordance with existing and future needs; to promote the
8 health, safety, and general welfare of the area and its
9 inhabitants, visitors, property owners, and workers; to
10 establish, maintain, and preserve aesthetic values and
11 preserve and foster the development and display of
12 attractiveness; to prevent overcrowding and congestion; to
13 improve automobile traffic and provide pedestrian safety; and
14 to provide a way of life which combines the conveniences and
15 amenities of modern living with the traditions and pleasures
16 of the past.
17 Section 4. Downtown area description.-- (1) The
18 downtown area included in this act shall be all those
19 properties described as follows:
20 Begin at the intersection of the easterly line
21 of Beach Street, with the easterly extension of
22 the south line of Live Oak Avenue; thence
23 westerly along said south line of Live Oak
24 Avenue to the westerly line of Segrave Street;
25 thence northerly along the said west line of
26 Segrave Street to the extension westerly of the
27 northerly line of lot 12, and along the
28 northerly line of Lots 12 through 19 of said
29 Gorum Weaver Subdivision to the northeasterly
30 corner of said Lot 19; thence easterly,
31 northerly and easterly along the boundary of
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1 Leon Ellenwood map book 6, page 60, public
2 records of Volusia County, Florida, to the
3 westerly line of Ridgewood Avenue; thence
4 southerly along the westerly line of Ridgewood
5 Avenue to the northerly line of Second Avenue;
6 thence easterly along said northerly line of
7 Second Avenue to the west line of lot 15, block
8 50, Mason and Coleman's Daytona, of record in
9 deed book I, page 151, public records of
10 Volusia County, Florida; thence northerly along
11 said west line of lot 15 to the north line of
12 San Juan Avenue; thence easterly along said
13 north line of San Juan Avenue, to the easterly
14 line of Wisconsin Avenue; thence northerly
15 along the easterly line of Wisconsin Avenue, to
16 the north line of First Avenue; thence westerly
17 along the said north line of First Avenue to
18 the west line of lot 8, block 51 of said Mason
19 and Coleman's Daytona; thence northerly along
20 said west line of lot 8, block 51 and extension
21 thereof, to the northerly line of Cypress
22 Street; thence easterly along said northerly
23 line of Cypress Street to the easterly line of
24 Daytona Street; thence northerly along said
25 easterly line of Daytona Street and extension
26 thereof, to the north line of Fairview Avenue;
27 thence easterly along said north line of
28 Fairview Avenue and extension thereof, to an
29 intersection with the centerline of Halifax
30 River, thence southerly along the centerline of
31 the Halifax River to a point of intersection
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1 with the easterly extension of the southerly
2 line of Marina Point Condominium, as per legal
3 recorded in Official Records book 2125, page
4 1669, of the public records of Volusia County,
5 Florida; thence westerly along said southerly
6 line to a point of intersection with the
7 easterly line of Beach Street; thence northerly
8 along the easterly line of Beach Street to the
9 point of beginning.
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11 The board shall have the power from time to time by the
12 following procedure to alter or amend the boundaries of the
13 downtown area. The board shall first set a date for a public
14 hearing on the adoption of a resolution amending the
15 description of the downtown area and shall cause a notice of
16 the public hearing to be published in a newspaper of general
17 circulation published in the city, which notice shall be
18 published four times, not less than 30 nor more than 60 days
19 after the date of the hearing. The notice shall set forth the
20 date, time, and place of the hearing and shall describe the
21 boundaries of the existing downtown area as defined herein and
22 shall describe the changes to be made thereto. Additionally,
23 the board shall cause to be mailed to each owner of the
24 property, according to the tax collector's records existing in
25 Volusia County, a copy of the notice as published in the
26 newspaper. After the public hearing, the board shall adopt a
27 resolution defining the changes in the downtown area. The
28 board shall not incorporate land into the district not
29 included in the description contained in the notice of public
30 hearing, but it may eliminate any lands from the area. A
31 referendum, as set out in section 13, shall then be held in
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1 connection with any additions to the area defined in this
2 section, with only those voting in the new area being eligible
3 to vote. However, if any deletion shall be made in the area
4 defined in this section, then all the freeholders and
5 qualified electors within the area defined in this section
6 shall be entitled to vote in the referendum.
7 (2) The owner or owners of real property within the
8 city limits of Daytona Beach, and contiguous to the boundaries
9 of the Daytona Beach Downtown Development District, may
10 petition the Daytona Beach Downtown Development Authority to
11 be included within the district boundaries. Upon determination
12 by the Daytona Beach Downtown Development Authority that the
13 petition bears the signatures of all owners of property in the
14 area proposed to be included, the authority may, at any
15 regular meeting, adopt a resolution to annex said property and
16 redefine the boundary lines of the district to include said
17 property. Said resolution shall be passed after same has been
18 published once a week for 4 consecutive weeks in a newspaper
19 of general circulation within the city limits of Daytona
20 Beach. The resolution adopted hereunder shall be filed with
21 the Clerk of the City of Daytona Beach. If real property which
22 is contiguous to the boundaries of the Daytona Beach Downtown
23 Development District is wholly owned by a public or
24 governmental entity or subdivision thereof, the property may
25 be included in the district boundaries upon the obtaining of a
26 resolution by the governing body of the entity consenting to
27 such inclusion. Upon receipt of such resolution, the authority
28 may, at any regular meeting, adopt a resolution to include
29 said property and redefine the boundary lines of the district
30 to include said property. Said resolution shall be passed
31 after same has been published once a week for 4 consecutive
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Florida Senate - 2004 (NP) SB 2316
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1 weeks in a newspaper of general circulation within the City of
2 Daytona Beach. The resolution adopted hereunder shall be filed
3 with the Clerk of the Circuit Court of Volusia County and the
4 City of Daytona Beach.
5 Section 5. Authority; supervision; appointment,
6 removal, term, qualification, compensation of board members;
7 filling of vacancies.--There is hereby created and established
8 the Daytona Beach Downtown Development Authority, which
9 authority shall have all the powers herein provided.
10 (1) The affairs of the authority shall be under the
11 direct supervision and control of a board of five members, one
12 of whom shall be a member of the city commission, appointed by
13 the city commission, who shall serve staggered terms.
14 (2) The city commission shall by vote of a majority of
15 its entire membership appoint the members of the authority,
16 and by vote of three-fifths of its entire membership, after
17 notice specifying the charges and a hearing held not earlier
18 than 10 days after personal delivery of notice or mailing
19 thereof by registered or certified mail addressed to the
20 member at his or her latest known residence, the city
21 commission may remove a member of the authority for good
22 cause, including willful neglect of duty, incompetence,
23 unfitness to perform his or her duty, or conviction of an
24 offense involving moral turpitude. A member so removed shall
25 be entitled to review by the circuit court of the action
26 taken.
27 (3) Members shall be appointed to serve terms of 3
28 years each July 1.
29 (4) To qualify for appointment to the authority, and
30 to remain qualified for service on it, a prospective noncity
31 commission member, or a member already appointed who is not a
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Florida Senate - 2004 (NP) SB 2316
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1 member of the city commission, shall reside in or have his or
2 her principal place of business in the city, shall not be
3 serving as a city officer or employee, and shall be an owner
4 of realty within the downtown area, a lessee thereof, or a
5 director, officer, or managing agent of an owner or lessee
6 thereof.
7 (5) Vacancy in office, which shall be filled within 30
8 days after its occurrence for the remainder of the unexpired
9 term, shall occur whenever a member is removed from office,
10 becomes disqualified or otherwise unable to serve, or resigns.
11 The city commission shall fill any vacancy in office for the
12 unexpired term.
13 (6) Each member of the board shall serve without
14 compensation for services rendered as a member, but may be
15 reimbursed by the board for necessary and reasonable expenses
16 actually incurred in the performance of duty. The board may
17 require all of its members or any or all of its officers or
18 employees to post bond for faithful performance of duty, the
19 board shall require such bond of all persons authorized to
20 sign on accounts of the board, and the board shall pay bonding
21 costs. No member of the board shall be personally liable for
22 any action taken in attempting in good faith to perform his or
23 her duty, or for a decision not to act, except in instances of
24 fraud or willful neglect of duty.
25 (7) A member of the city commission appointed to the
26 board shall be a member of the board only so long as he or she
27 is a member of the city commission, and the vacancy thus
28 created shall be filled by the city commission.
29 Section 6. Board bylaws and internal governance.--The
30 board shall formulate and may amend its own rules of procedure
31 and written bylaws not inconsistent with this act. A majority
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1 of its entire membership shall constitute a quorum for the
2 transaction of business, but fewer than a quorum may adjourn
3 from time to time and may compel the attendance of absent
4 members. All action shall be taken by a vote of at least a
5 majority present and voting. The board shall select one of its
6 members as chair and another as vice chair and shall prescribe
7 their duties, powers, and terms of serving. The board shall
8 hold regular meetings at least once a month and shall provide
9 in its bylaws for holding special meetings. All meetings shall
10 be given public notice and shall be open to the public.
11 Section 7. Functions of the authority.--The authority
12 shall perform the following functions:
13 (1) Prepare an analysis of the economic conditions and
14 changes occurring in the downtown area, including the effect
15 of such factors as metropolitan growth, traffic congestion,
16 lack of adequate parking and other access facilities, and
17 structural obsolescence and deterioration.
18 (2) Formulate immediate, intermediate, and long-range
19 development programs for improving the attractiveness and
20 accessibility to the public of downtown facilities, promoting
21 efficient use thereof, remedying the deterioration of downtown
22 property values, and developing the downtown area.
23 (3) Recommend to the city commission and to downtown
24 business owners and residents the actions deemed most suitable
25 for implementing the downtown development programs, including
26 removal, razing, repair, renovation, reconstruction,
27 remodeling, and improvement of existing structures, addition
28 of new structures and facilities, relocation of any existing
29 structures and facilities, and changes in patterns of and
30 facilities for traveling to and from the downtown area.
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1 (4) Participate actively in the implementation and
2 execution of downtown development programs, including
3 establishment, acquisition, construction, ownership,
4 financing, leasing, licensing, operation, and management of
5 public facilities deemed feasible and beneficial in effecting
6 implementation, but this subsection shall not give the
7 authority any power or control over any city property unless
8 and until assigned to it by the city commission.
9 (5) Carry on all projects and undertakings authorized
10 by law and within the limits of the powers granted to it by
11 law, and such additional public projects and undertakings
12 related to the downtown area as the city commission may assign
13 to it with its consent.
14 Section 8. Powers of the authority.--In the
15 performance of the functions vested in or assigned to it, the
16 authority is hereby granted the following powers:
17 (1) To enter into contracts and agreements and to sue
18 and be sued as a body corporate.
19 (2) To have and use a corporate seal.
20 (3) To acquire, own, convey, or otherwise dispose of,
21 lease as lessor or lessee, construct, maintain, improve,
22 enlarge, raze, relocate, operate, and manage property and
23 facilities of whatever type, and to grant or acquire licenses,
24 easements, and options with respect thereto.
25 (4) To accept grants and donations of any type of
26 property, labor, or other thing of value from any public or
27 private source.
28 (5) To receive the proceeds of the tax hereby imposed.
29 (6) To receive the revenues from any property or
30 facility owned, leased, licensed, or operated by it or under
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1 its control, subject to the limitations imposed upon it by
2 trusts or other agreements validly entered into by it.
3 (7) To have exclusive control of all funds legally
4 available to it, subject to limitations imposed upon it by law
5 or by any agreement validly entered into by it.
6 (8) To cooperate and enter into agreements with any
7 governmental agency or other public body.
8 (9) To make to or receive from the city or Volusia
9 County conveyances, leasehold interests, grants,
10 contributions, loans, and other rights and privileges.
11 (10) To issue and sell revenue certificates as
12 hereinafter provided, or in any other manner permitted by law
13 and not inconsistent with the provisions hereof, and to take
14 all steps deemed by it necessary or expedient for efficient
15 preparation and marketing of the certificates at public or
16 private sale at the best price obtainable, including the entry
17 into binding agreements with corporate trustees, underwriters,
18 and the holders of the certificates, and the employment and
19 payment, as a necessary expense of issuance, for the services
20 of consultants on valuations, costs, and feasibility of
21 undertaking, revenues to be anticipated and other financial
22 matters, architecture, engineering, legal matters, accounting
23 matters, and any other fields in which expert advice may be
24 needed to effectuate advantageous issuance and marketing.
25 (11) To fix, regulate, and collect rates and charges
26 for facilities and services furnished by it or under its
27 control and to pledge the revenue to the payment of revenue
28 certificates issued by it.
29 (12) To borrow money on its unsecured notes, for a
30 period not exceeding 9 months, in an aggregate amount for all
31 outstanding unsecured notes not exceeding 50 percent of the
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1 proceeds received during the immediately prior fiscal year
2 from the tax hereby imposed, and at an annual rate of interest
3 not exceeding the rate being charged at the time of the loan
4 by banks in the city on unsecured short-term loans to local
5 businesses.
6 (13) To acquire by rental or otherwise and to equip
7 and maintain a principal office for the conduct of its
8 business and such branch offices as it may from time to time
9 deem expedient.
10 (14) To employ and prescribe the duties, authority,
11 compensation, and reimbursement of expenses of the director of
12 the authority, who shall act as its chief executive officer; a
13 general counsel, who shall be an attorney with at least 5
14 years of experience in active Florida practice and so engaged
15 at the time of appointment; and such other personnel as it
16 may, after consultation with the director, deem necessary from
17 time to time; provided, its personnel shall not be under civil
18 service regulations, may be employed to serve at its pleasure,
19 shall not in any event be contracted with for a term of
20 employment longer than 5 years, shall not while employed by it
21 serve as city officers or employees, and, with the exception
22 of its secretary, shall not while employed by it serve as a
23 member of it.
24 (15) To enter into contracts in furtherance of its
25 duties and in the exercise of its powers, and to contract and
26 otherwise cooperate with and participate in all projects and
27 undertakings of the United States and the state and all of
28 their agencies and instrumentalities in furthering the purpose
29 of this section.
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1 (16) To exercise all powers incidental to the
2 effective and expedient exercise of the foregoing powers to
3 the extent not in conflict herewith or inconsistent herewith.
4 (17) To acquire by purchase or the exercise of the
5 power of eminent domain, which must be in the best interest of
6 the public, on such terms and conditions and in such manner as
7 it may deem proper, and to own, convey, and otherwise dispose
8 of and to lease, as lessor or lessee, any land and any other
9 property, real and personal, and any rights and interests
10 therein which it may determine to be reasonably necessary in
11 furtherance of its other powers under this section, and to
12 grant and acquire licenses, easements, and options with
13 respect thereto; provided, however, that the compensation paid
14 to owners of land and any other property, real and personal,
15 or any property right, who have said rights acquired from them
16 under this act by eminent domain, shall include reasonable
17 reimbursement for relocating an existing business; and
18 provided further that any property leased to private interests
19 shall not be exempt from ad valorem taxes.
20 Section 9. Levy of ad valorem tax.--An ad valorem tax
21 in addition to all other ad valorem taxes is hereby levied
22 annually for the purpose of financing the operation of the
23 authority on all property in the downtown area which is
24 subject to ad valorem taxation for city operating expenses.
25 The tax base shall be the assessed valuation made annually by
26 the county tax assessor. The rate shall be 1 mill on each
27 dollar of tax base, unless the authority, by written notice to
28 the county tax collector at such time as he or she shall
29 specify, sets a rate of less than 1 mill for the ensuing
30 fiscal year. The county tax collector shall collect the tax
31 when and in the same manner in which he or she collects ad
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1 valorem taxes, with the same discounts for early payment, and
2 shall pay the proceeds to the city treasurer for the account
3 of the authority.
4 Section 10. Board records and fiscal management.--
5 (1) The funds of the board shall be maintained under a
6 separate account and shall be used for the purposes herein
7 authorized and shall be distributed only by direction of or
8 with the approval of the board pursuant to requisitions signed
9 by the director or other designated chief fiscal officer of
10 the board and countersigned by at least one other person who
11 shall be a member of the board.
12 (2) The board bylaws shall provide for maintenance of
13 minutes and other official records of its proceedings and
14 actions; preparation and adoption of an annual budget for each
15 ensuing fiscal year; internal supervision and control of its
16 accounts, which function the appropriate city fiscal officers
17 may perform for the board at its request; and an external
18 audit at least annually by an independent certified public
19 accountant who has no personal interest, direct or indirect,
20 in its fiscal affairs. A copy of the external audit shall be
21 filed with the city clerk within 90 days after the end of each
22 fiscal year. The bylaws shall specify the means by which each
23 of these functions is to be performed and, as to those
24 functions assigned to board personnel, the manner and schedule
25 of performance.
26 (3) No member or employee of the board shall
27 participate by vote or otherwise on behalf of the board in any
28 matter in which he or she has a direct financial interest or
29 an indirect financial interest other than of the benefits to
30 be derived generally from the development of the downtown
31 area. Participation with knowledge of such interest shall
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1 constitute malfeasance and shall result, as regards a member,
2 in automatic forfeiture of office, or as regards an employee,
3 in prompt dismissal.
4 Section 11. Provisions governing issuance of revenue
5 certificates.--Issuance of revenue certificates by the board
6 shall be governed by the following general provisions:
7 (1) Revenue certificates for purposes hereof are
8 limited to obligations that are secured solely by pledge of
9 revenues produced by the facility or facilities for the
10 benefit of which the certificates are issued and the sale
11 proceeds used and that do not constitute a lien or
12 encumbrance, legal or equitable, on any real property of the
13 board or on any of its personal property other than the
14 revenue pledged to secure payment of the certificates.
15 (2) The faith and credit of the city shall not be
16 pledged and the city shall not be obligated directly or
17 indirectly to make any payments on or appropriate any funds
18 for certificates issued by the board.
19 (3) Before issuing any revenue certificates, the board
20 shall as to each issue:
21 (a) Prepare or procure from a reputable source
22 detailed estimates of the total cost of the undertaking for
23 which the certificates are contemplated and of the annual
24 revenues to be obtained therefrom and pledged as security for
25 payment of the certificates.
26 (b) Determine that the anticipated net proceeds from
27 the sale, together with any other funds available and intended
28 for the purposes of the issue, will be sufficient to cover all
29 costs of the undertaking and of preparing and marketing the
30 issues or anything connected therewith.
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1 (c) Determine that the annual revenues anticipated
2 from the undertaking will be sufficient to pay the estimated
3 annual cost of maintaining, repairing, operating, and
4 replacing, to any necessary extent, not only the undertaking
5 but also the punctual payment of the principal of, and
6 interest on, the contemplated certificates.
7 (d) Specify these determinations in and include the
8 supporting estimates as parts of the resolution providing for
9 the issue.
10 (4) The board may, as to any issue of revenue
11 certificates, engage the services of a corporate trustee for
12 the issue and may treat any or all costs of carrying out the
13 trust agreement as part of the operating costs of the
14 undertaking for which the certificates are issued.
15 (5) The board shall from time to time establish such
16 rentals, rates, and charges, or shall by agreement maintain
17 such control thereof, as to meet punctually all payments on
18 the undertaking and its maintenance and repair, including
19 reserves therefor, and for depreciation and replacement.
20 (6) Revenue certificates may be issued for the
21 purposes of funding, refunding, or both.
22 (7) All revenue certificates issued pursuant hereto
23 shall be negotiable instruments for all purposes.
24 (8) Validation of certificates of indebtedness shall
25 be in accordance with chapter 75, Florida Statutes.
26 Section 12. Transfer upon cessation of the
27 board.--Should the board cease to exist or to operate for
28 whatever reason, all property of whatever kind shall forthwith
29 become the property of the city, subject to the outstanding
30 obligations of the board incurred in conformity with all of
31 the foregoing provisions, and the city shall use this property
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1 to the maximum extent then practicable for effectuating the
2 purpose hereof and shall succeed to and exercise only such
3 powers of the board as shall be necessary to meet outstanding
4 obligations of the board and effect an orderly cessation of
5 its powers and functions; however, under no circumstances
6 shall the city directly or indirectly be obligated to pledge
7 or use any of its tax moneys to accomplish these functions.
8 Section 13. Freeholders and qualified electors
9 referendum.--Elections called after increasing or decreasing
10 the boundaries of the downtown area in accordance with section
11 4 of this act shall be held in accordance with the following
12 referendum provisions; provided, however, that no provision of
13 this act shall require the approval of freeholders and
14 qualified electors in an area which has previously approved of
15 the provisions of this act by any referendum held hereinunder,
16 unless there is involved a decrease in the boundaries of the
17 downtown area.
18 (1) For the purposes of this referendum, the city
19 clerk shall work with the county supervisor of elections to
20 perform all things necessary to carry out the provisions of
21 this section.
22 (2) Within 30 days after this act becoming a law of
23 this state, the Clerk of the City of Daytona Beach shall
24 compile a list of the names and the last known addresses of
25 the freeholders and qualified electors in the downtown area
26 from the voter registration rolls of the County of Volusia and
27 the same shall constitute the registration list for the
28 purposes of the referendum herein, except as hereinafter
29 provided.
30 (3) Within the time period specified in subsection
31 (2), the clerk shall notify the freeholders and qualified
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1 electors of the general provisions of this act, the dates of
2 the upcoming referendum, and the method provided for
3 additional registration should the status of the freeholder or
4 qualified elector have changed from that obtained from the
5 county supervisor of elections. Notification hereunder shall
6 be by registered or certified mail and published one time in
7 the Daytona Beach News-Journal or another major newspaper of
8 general circulation within the time period provided in
9 subsection (2).
10 (4) The voter registration lists shall remain open
11 until 30 days after the notifications provided in subsection
12 (3).
13 (5) Within 30 days after the closing of the
14 registration list, the clerk shall have a secret and direct
15 ballot of the freeholders and qualified electors by providing
16 a certified voting machine at the City Hall of the City of
17 Daytona Beach, between the legal hours of voting in normal
18 municipal elections, and shall place the date of this election
19 in the original notification and, additionally, the day after
20 the registration list is closed, shall mail to all eligible
21 voters additional notification of the time and place of said
22 election. Within 1 day after holding said election, the clerk
23 shall certify the results thereof to the City Commission of
24 Daytona Beach. Any person voting who has knowledge that he or
25 she is not a freeholder or qualified elector as defined by
26 this act shall be guilty of perjury and shall be prosecuted
27 and upon conviction, punished in accordance with the
28 provisions of the laws of this state.
29 (6) The freeholders and qualified electors shall be
30 deemed to have approved any amendment to the boundaries of the
31 downtown area at such time as the clerk certifies to the City
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1 Commission of Daytona Beach that in excess of 50 percent of
2 those voting were in favor of the amendment.
3 (7) For the purposes of this act, one vote shall be
4 allowed for each individual who is a freeholder or qualified
5 elector within the downtown area defined in this act and by
6 the Constitution and laws of the State of Florida. Joint and
7 several owners of property shall be allowed to cast one ballot
8 each.
9 (8) A repeal referendum may be called by petition of
10 the freeholders and qualified electors representing at least
11 30 percent of the freeholders and qualified electors in the
12 downtown area qualified to vote for the purpose of abolishing
13 the board and repealing this act. Upon the receipt of such a
14 petition for a repeal referendum by the city clerk, a
15 referendum election shall be called by the city clerk and
16 shall be held under the procedures as specified in this
17 section. If the repeal shall fail, there shall be no
18 additional repeal referendum made by petition at any time
19 until 1 year after the certification of the results of the
20 previous referendum by the clerk.
21 (9) The elections to be held under this act shall be
22 held in accordance with the election laws of the City of
23 Daytona Beach, sections 22 through 26 of the charter, insofar
24 as possible. The board shall be billed for the cost of the
25 election by the City of Daytona Beach.
26 Section 14. Persons eligible to vote.--In order to
27 afford a fair and equal opportunity to all persons directly or
28 indirectly affected by the creation of a downtown development
29 authority in the City of Daytona Beach, all freeholders, as
30 defined in this act, as well as qualified electors or voters,
31
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1 within the downtown area as described herein, are eligible to
2 vote as provided in this act.
3 Section 15. Millage limitations.--This act provides
4 for the establishment of a special taxing district under s. 9,
5 Art. VII of the Florida Constitution and the millage
6 limitations are specified within this act as authorized by the
7 constitution. However, should any court construe this act to
8 be within the 10-mill limitation of the city or 10-mill
9 limitation of the county, then all provisions of this act
10 shall be null and void, and this act shall be repealed.
11 Section 16. Special assessments.--To further finance
12 the improvements authorized by this act, the Daytona Beach
13 Downtown Development Authority Board is authorized to provide
14 for payment of all or any part of the cost thereof by levying
15 and collecting special assessments on property benefited by
16 such improvements. Such special assessments shall be levied
17 based on the benefits or advantages that reasonably may result
18 to the property or to the owners thereof from the improvement
19 contemplated and may be computed by the front footage of the
20 benefited property, by the area benefited, by the distance
21 from the improvements, or by any combination of these methods.
22 The board shall declare by resolution the nature of the
23 proposed improvements; designate the streets, sidewalks, or
24 other properties to be improved and paid by special
25 assessments; the manner in which said special assessments are
26 to be paid; what part, if any, of said special assessments
27 shall be paid by other funds; designate the lands upon which
28 special assessments shall be levied; and state the total
29 estimated cost of the improvements. Such estimated cost may
30 include the cost of construction or reconstruction; all labor
31 and materials; all lands, rights, easements, and franchises
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1 acquired; financing charges and interest prior to, during, and
2 for up to 1 year after completion of construction; plans and
3 specifications and surveys of estimates, costs, and revenues;
4 engineering and legal services; and all other expenses
5 necessary or instant to determining the feasibility or
6 practicality of such construction or reconstruction,
7 administrative expenses, and such other expenses as may be
8 necessary or instant to the financing herein authorized.
9 (1) Upon enactment of the resolution, the board shall
10 cause to be prepared a preliminary assessment provided for in
11 the resolution. The board may contract with the City of
12 Daytona Beach or the County of Volusia to prepare the
13 assessment roll. The assessment roll shall contain property
14 descriptions and preliminary assessments of costs against each
15 lot or parcel of land benefiting from such improvement.
16 (2) Upon completion of the preliminary assessment
17 roll, the board shall cause to be published once in a
18 newspaper of general circulation, published in the City of
19 Daytona Beach, a notice stating that such a preliminary
20 assessment roll has been completed and is on file at the
21 Courthouse Annex of the County of Volusia or City Hall of the
22 City of Daytona Beach and is open to public inspection, and at
23 a regular meeting of the board on a certain day and hour, not
24 later than 15 days after said publication, the board will hear
25 all interested persons regarding the proposed assessments
26 contained in the preliminary assessment roll, which notice
27 shall further state in brief and general terms a description
28 of the improvement with the location thereon.
29 (3) At least 15 days prior to the date of such
30 hearing, notice by first class mail shall be sent to each
31 person whose name and address appears in the most recent ad
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1 valorem real property tax rolls prepared by the property
2 appraiser of the County of Volusia, who is the owner of any
3 lot or parcel of land assessed, advising him or her of the
4 nature of the proposed improvements, the estimated cost
5 thereof, the specific amount of assessment made against each
6 lot or parcel of land so owned by him or her or listed in his
7 or her name, and the place, date, and time of the hearing upon
8 the assessments as hereinbefore provided.
9 (4) On or after the hearing provided for in this act,
10 the board shall annul, sustain, or modify in whole or in part
11 the preliminary assessment indicated on the preliminary
12 assessment roll, either by confirming the preliminary
13 assessment against any or all lots or parcels described
14 therein, or by canceling, increasing, or reducing the same,
15 according to the benefits which the board decides may
16 reasonably result or have resulted to each lot or parcel by
17 virtue of said improvement, but shall not confirm any
18 assessment in excess of the benefit to the property assessed.
19 Immediately after the determination of special assessments as
20 hereinbefore provided, the special assessment roll, as
21 sustained or modified, shall be delivered to the Finance
22 Department of the County of Volusia for collection pursuant to
23 provisions of state law. The board's determination of special
24 assessment shall be final and conclusive.
25 (5) Such special assessment shall become due and
26 payable no later than 30 days after the final determination of
27 the special assessments as hereinbefore provided, or at the
28 time and in the manner stipulated in the resolution providing
29 for the improvements. The special assessments shall remain
30 liens, coequal with the lien of all state, county, district,
31 and municipal taxes, superior in dignity to all other liens,
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1 titles, and claims until paid. The special assessments may, by
2 the resolution aforesaid, be made payable in not more than 10
3 equal annual installments, to which, if not paid when due,
4 there shall be added a penalty at the rate of 1 percent per
5 month until paid.
6 (6) After the equalization, approval, and confirmation
7 of the levying of the special assessments for improvements as
8 provided herein, and as soon as a contract for the
9 improvements has been finally let, the board may by resolution
10 or ordinance authorize the issuance of bonds, to be designated
11 "Improvement Bonds, Series No. ________", in an amount not in
12 excess of the aggregate amount of the liens levied for such
13 improvements. Said bonds shall be payable from a special and
14 separate fund to be known as the "Improvement Fund, Series No.
15 ________", which shall be used solely for the payment and
16 principal interest of said "Improvement Bond, Series No.
17 ________" and for no other purpose. Said fund shall be
18 deposited in a separate account with the City of Daytona
19 Beach, and all the proceeds collected by the Finance
20 Department of the County of Volusia from the principal,
21 interest, and penalties of said lien shall be deposited and
22 held in such funds. Said bonds shall mature not later than 2
23 years after the maturity of the last installment of said
24 liens. Said bonds shall bear certificates signed by the chair
25 of the authority certifying that the amount of lien levied,
26 the proceeds of which are pledged to the payment of said
27 bonds, are equal to the amount of the bonds issued. The bonds
28 issued may be delivered to the contractor in payment of his or
29 her work or may be sold at public or private sale for not less
30 than par and accrued interest, the proceeds to be used in
31 paying for the cost of the work. Said bonds shall not be a
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1 charge or payable out of the general revenues of the
2 authority, but shall be payable solely out of the assessments,
3 installments, interest, and penalties arising under this act.
4 Any surplus remaining after payment of all bonds and interest
5 thereon shall revert to the board and be used for any board
6 purposes as it may designate.
7 (7) The special assessments herein described may be
8 administered by the City of Daytona Beach or the Finance
9 Department of the County of Volusia, pursuant to the
10 provisions of law.
11 Section 4. The provisions of this act, being desirable
12 for the welfare of the city and its inhabitants, shall be
13 liberally construed to effectuate the purposes herein
14 provided.
15 Section 5. Chapters 72-520, 77-537, 79-446, and
16 80-493, Laws of Florida, are repealed.
17 Section 6. This act shall take effect upon becoming a
18 law.
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