Senate Bill sb2316

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

31  

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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 5  repealed as herein provided.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.

31  

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    Florida Senate - 2004        (NP)                      SB 2316
    7-1505-04                                           See HB 629




 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
    7-1505-04                                           See HB 629




 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

31  

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    Florida Senate - 2004        (NP)                      SB 2316
    7-1505-04                                           See HB 629




 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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    Florida Senate - 2004        (NP)                      SB 2316
    7-1505-04                                           See HB 629




 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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    Florida Senate - 2004        (NP)                      SB 2316
    7-1505-04                                           See HB 629




 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.

10  

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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    Florida Senate - 2004        (NP)                      SB 2316
    7-1505-04                                           See HB 629




 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
    7-1505-04                                           See HB 629




 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
    7-1505-04                                           See HB 629




 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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    Florida Senate - 2004        (NP)                      SB 2316
    7-1505-04                                           See HB 629




 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.

31  

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    Florida Senate - 2004        (NP)                      SB 2316
    7-1505-04                                           See HB 629




 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

31  

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    Florida Senate - 2004        (NP)                      SB 2316
    7-1505-04                                           See HB 629




 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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    Florida Senate - 2004        (NP)                      SB 2316
    7-1505-04                                           See HB 629




 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.

30  

31  

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    Florida Senate - 2004        (NP)                      SB 2316
    7-1505-04                                           See HB 629




 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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    Florida Senate - 2004        (NP)                      SB 2316
    7-1505-04                                           See HB 629




 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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    Florida Senate - 2004        (NP)                      SB 2316
    7-1505-04                                           See HB 629




 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.

31  

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    Florida Senate - 2004        (NP)                      SB 2316
    7-1505-04                                           See HB 629




 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

                                  18

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    Florida Senate - 2004        (NP)                      SB 2316
    7-1505-04                                           See HB 629




 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

                                  19

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    Florida Senate - 2004        (NP)                      SB 2316
    7-1505-04                                           See HB 629




 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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    Florida Senate - 2004        (NP)                      SB 2316
    7-1505-04                                           See HB 629




 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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    Florida Senate - 2004        (NP)                      SB 2316
    7-1505-04                                           See HB 629




 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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    Florida Senate - 2004        (NP)                      SB 2316
    7-1505-04                                           See HB 629




 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

                                  23

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    Florida Senate - 2004        (NP)                      SB 2316
    7-1505-04                                           See HB 629




 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,

                                  24

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    Florida Senate - 2004        (NP)                      SB 2316
    7-1505-04                                           See HB 629




 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

                                  25

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    Florida Senate - 2004        (NP)                      SB 2316
    7-1505-04                                           See HB 629




 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.

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  26

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