HB 0629

1
A bill to be entitled
2An act relating to the Daytona Beach Downtown Development
3Authority, Volusia County; codifying, amending,
4reenacting, and repealing the authority's special acts;
5providing a popular name; providing definitions; providing
6legislative findings; providing boundaries; providing for
7supervision, appointment, removal, terms, qualifications,
8compensation, and filling of vacancies on the authority;
9providing for functions and powers of the authority;
10providing for ad valorem taxation; providing for board
11records and fiscal management; providing for issuance of
12certificates; providing for elections; providing for
13millage limitations; providing for special assessments;
14providing for liberal construction; providing an effective
15date.
16
17Be It Enacted by the Legislature of the State of Florida:
18
19     Section 1.  Pursuant to section 189.429, Florida Statutes,
20this act constitutes the codification of all special acts
21relating to the Daytona Beach Downtown Development Authority. It
22is the intent of the Legislature in enacting this law to provide
23a single, comprehensive special act charter for the district
24including all current legislative authority granted to the
25district by its several legislative enactments and any
26additional authority granted by this act. It is further the
27intent of this act to preserve all district authority in
28addition to any authority contained in the Florida Statutes, as
29amended from time to time.
30     Section 2.  Chapters 72-520, 77-537, 79-446, and 80-493,
31Laws of Florida, are amended, codified, reenacted, and repealed
32as herein provided.
33     Section 3.  The charter for the Daytona Beach Downtown
34Development Authority is re-created and reenacted to read:
35     Section 1.  Popular name.--This act shall be known and may
36be cited as the "Daytona Beach Downtown Development Authority
37Act."
38     Section 2.  Definitions and rules of construction.--Unless
39qualified in the text, the following definitions and rules of
40construction shall apply hereto:
41     (1)  "Board" means the Daytona Beach Downtown Development
42Authority and any successor to its functions, authority, rights,
43and obligations.
44     (2)  "City" and "Daytona Beach" mean the City of Daytona
45Beach.
46     (3)  "City commission" means the Daytona Beach City
47Commission and any succeeding governing body of the city.
48     (4)  "Downtown" and "downtown area" mean the area as set
49forth herein and to which this act primarily relates, including
50the central business district and its environs.
51     (5)  "Elector" shall be synonymous with the term "voter" or
52"qualified elector or voter."
53     (6)  "Freeholder" means any owner of real property in the
54downtown area not wholly exempt from ad valorem taxation,
55whether individual, corporation, trust, estate, or partnership
56residing or with its principal place of business located in the
57United States of America.
58     (7)  "Herein," "hereby," "hereof," and similar compounds
59refer to the entire act.
60     (8)  "Including" shall be construed as merely introducing
61illustrative examples and not as limiting in any way the
62generality of the inclusive term.
63     (9)  "Majority without qualification" means a majority of a
64quorum.
65     (10)  "Mayor" means the Mayor of the City of Daytona Beach.
66     (11)  "State" means the State of Florida.
67     Section 3.  Statement of policy and legislative findings.--
68     (1)  It is the policy of the state to make it possible for
69the city to revitalize and preserve property values and prevent
70deterioration in the downtown area by a system of self-help to
71correct the commercial blight of such deterioration as has
72developed there. The authority hereby created is intended to
73provide a means whereby property owners who will benefit
74directly from the results of such a program will bear the
75substantial cost thereof and local problems may be solved on the
76local level through the authority hereby created.
77     (2)  The Legislature hereby finds and declares that among
78the many causes of commercial blight in the downtown area are
79the following: impeded automobile traffic flow due to outmoded
80street patterns, proliferation of uncoordinated uses and parking
81areas, unsuitable topography, faulty lot layouts, fragmentation
82of land uses and parking areas necessitating frequent automobile
83movement, lack of separation of pedestrian areas from automobile
84traffic, lack of separation of vehicle traffic lanes, and
85strangled automobile traffic. Voluntary cooperation for
86coordinated development has limitations because of fragmentary
87ownership, absentee ownership, and unusual conditions of title
88and other conditions.
89     (3)  The downtown area is plagued with vacant and
90deteriorating buildings, which are neglected and produce an
91undesirable atmosphere. Similarly, there is much vacant land
92area in the downtown area, and these factors tend to combine to
93put the downtown area at a competitive disadvantage to modern
94offices and shopping centers developing in the area. Many
95businesses of all types have left the area for new locations in
96suburban shopping centers, and few businesses have entered to
97take their places. The oldest commercial structures in the city
98are in this area and some are obsolete, of inferior
99construction, and incompatible with modern functional design as
100is featured in competitive shopping centers. These factors tend
101to develop an image of the downtown area which is
102unrepresentative of its economic vitality and out of place with
103the growth of Daytona Beach, thus producing a tarnishing effect
104on the overall image of the city.
105     (4)  The area now has few residences and many of the
106residences that do exist are undersized and of inferior
107construction, which would not be permitted for new construction
108under the city's building code. It is in some instances a proper
109function of government to remove blight and blighting influences
110from commercial areas. The police power may be inadequate to
111accomplish this purpose. One effective device for removal of the
112blight from the downtown area is the planning and implementation
113of planning for appropriate land use, beautification, continuity
114of planning and aesthetic and technical design concepts, and
115removal of deteriorated and obsolescent structures.
116     (5)  The Legislature further finds and declares that the
117provisions of this act and the powers afforded to the board are
118desirable to guide and accomplish the coordinated, balanced, and
119harmonious development of the downtown area in accordance with
120existing and future needs; to promote the health, safety, and
121general welfare of the area and its inhabitants, visitors,
122property owners, and workers; to establish, maintain, and
123preserve aesthetic values and preserve and foster the
124development and display of attractiveness; to prevent
125overcrowding and congestion; to improve automobile traffic and
126provide pedestrian safety; and to provide a way of life which
127combines the conveniences and amenities of modern living with
128the traditions and pleasures of the past.
129     Section 4.  Downtown area description.--
130     (1)  The downtown area included in this act shall be all
131those properties described as follows:
132
133Begin at the intersection of the easterly line of
134Beach Street, with the easterly extension of the south
135line of Live Oak Avenue; thence westerly along said
136south line of Live Oak Avenue to the westerly line of
137Segrave Street; thence northerly along the said west
138line of Segrave Street to the extension westerly of
139the northerly line of lot 12, and along the northerly
140line of Lots 12 through 19 of said Gorum Weaver
141Subdivision to the northeasterly corner of said Lot
14219; thence easterly, northerly and easterly along the
143boundary of Leon Ellenwood map book 6, page 60, public
144records of Volusia County, Florida, to the westerly
145line of Ridgewood Avenue; thence southerly along the
146westerly line of Ridgewood Avenue to the northerly
147line of Second Avenue; thence easterly along said
148northerly line of Second Avenue to the west line of
149lot 15, block 50, Mason and Coleman's Daytona, of
150record in deed book I, page 151, public records of
151Volusia County, Florida; thence northerly along said
152west line of lot 15 to the north line of San Juan
153Avenue; thence easterly along said north line of San
154Juan Avenue, to the easterly line of Wisconsin Avenue;
155thence northerly along the easterly line of Wisconsin
156Avenue, to the north line of First Avenue; thence
157westerly along the said north line of First Avenue to
158the west line of lot 8, block 51 of said Mason and
159Coleman's Daytona; thence northerly along said west
160line of lot 8, block 51 and extension thereof, to the
161northerly line of Cypress Street; thence easterly
162along said northerly line of Cypress Street to the
163easterly line of Daytona Street; thence northerly
164along said easterly line of Daytona Street and
165extension thereof, to the north line of Fairview
166Avenue; thence easterly along said north line of
167Fairview Avenue and extension thereof, to an
168intersection with the centerline of Halifax River,
169thence southerly along the centerline of the Halifax
170River to a point of intersection with the easterly
171extension of the southerly line of Marina Point
172Condominium, as per legal recorded in Official Records
173book 2125, page 1559, of the public records of Volusia
174County, Florida; thence westerly along said southerly
175line to a point of intersection with the easterly line
176of Beach Street; thence northerly along the easterly
177line of Beach Street to the point of beginning
178
179The board shall have the power from time to time by the
180following procedure to alter or amend the boundaries of the
181downtown area. The board shall first set a date for a public
182hearing on the adoption of a resolution amending the description
183of the downtown area and shall cause a notice of the public
184hearing to be published in a newspaper of general circulation
185published in the city, which notice shall be published four
186times, not less than 30 nor more than 60 days after the date of
187the hearing. The notice shall set forth the date, time, and
188place of the hearing and shall describe the boundaries of the
189existing downtown area as defined herein and shall describe the
190changes to be made thereto. Additionally, the board shall cause
191to be mailed to each owner of the property, according to the tax
192collector's records existing in Volusia County, a copy of the
193notice as published in the newspaper. After the public hearing,
194the board shall adopt a resolution defining the changes in the
195downtown area. The board shall not incorporate land into the
196district not included in the description contained in the notice
197of public hearing, but it may eliminate any lands from the area.
198A referendum, as set out in section 13, shall then be held in
199connection with any additions to the area defined in this
200section, with only those voting in the new area being eligible
201to vote. However, if any deletion shall be made in the area
202defined in this section, then all the freeholders and qualified
203electors within the area defined in this section shall be
204entitled to vote in the referendum.
205     (2)  The owner or owners of real property within the city
206limits of Daytona Beach, and contiguous to the boundaries of the
207Daytona Beach Downtown Development District, may petition the
208Daytona Beach Downtown Development Authority to be included
209within the district boundaries. Upon determination by the
210Daytona Beach Downtown Development Authority that the petition
211bears the signatures of all owners of property in the area
212proposed to be included, the authority may, at any regular
213meeting, adopt a resolution to annex said property and redefine
214the boundary lines of the district to include said property.
215Said resolution shall be passed after same has been published
216once a week for 4 consecutive weeks in a newspaper of general
217circulation within the city limits of Daytona Beach. The
218resolution adopted hereunder shall be filed with the Clerk of
219the City of Daytona Beach. If real property which is contiguous
220to the boundaries of the Daytona Beach Downtown Development
221District is wholly owned by a public or governmental entity or
222subdivision thereof, the property may be included in the
223district boundaries upon the obtaining of a resolution by the
224governing body of the entity consenting to such inclusion. Upon
225receipt of such resolution, the authority may, at any regular
226meeting, adopt a resolution to include said property and
227redefine the boundary lines of the district to include said
228property. Said resolution shall be passed after same has been
229published once a week for 4 consecutive weeks in a newspaper of
230general circulation within the City of Daytona Beach. The
231resolution adopted hereunder shall be filed with the Clerk of
232the Circuit Court of Volusia County and the City of Daytona
233Beach.
234     Section 5.  Authority; supervision; appointment, removal,
235term, qualification, compensation of board members; filling of
236vacancies.--There is hereby created and established the Daytona
237Beach Downtown Development Authority, which authority shall have
238all the powers herein provided.
239     (1)  The affairs of the authority shall be under the direct
240supervision and control of a board of five members, one of whom
241shall be a member of the city commission, appointed by the city
242commission, who shall serve staggered terms.
243     (2)  The city commission shall by vote of a majority of its
244entire membership appoint the members of the authority, and by
245vote of three-fifths of its entire membership, after notice
246specifying the charges and a hearing held not earlier than 10
247days after personal delivery of notice or mailing thereof by
248registered or certified mail addressed to the member at his or
249her latest known residence, the city commission may remove a
250member of the authority for good cause, including willful
251neglect of duty, incompetence, unfitness to perform his or her
252duty, or conviction of an offense involving moral turpitude. A
253member so removed shall be entitled to review by the circuit
254court of the action taken.
255     (3)  Members shall be appointed to serve terms of 3 years
256each July 1.
257     (4)  To qualify for appointment to the authority, and to
258remain qualified for service on it, a prospective noncity
259commission member, or a member already appointed who is not a
260member of the city commission, shall reside in or have his or
261her principal place of business in the city, shall not be
262serving as a city officer or employee, and shall be an owner of
263realty within the downtown area, a lessee thereof, or a
264director, officer, or managing agent of an owner or lessee
265thereof.
266     (5)  Vacancy in office, which shall be filled within 30
267days after its occurrence for the remainder of the unexpired
268term, shall occur whenever a member is removed from office,
269becomes disqualified or otherwise unable to serve, or resigns.
270The city commission shall fill any vacancy in office for the
271unexpired term.
272     (6)  Each member of the board shall serve without
273compensation for services rendered as a member, but may be
274reimbursed by the board for necessary and reasonable expenses
275actually incurred in the performance of duty. The board may
276require all of its members or any or all of its officers or
277employees to post bond for faithful performance of duty, the
278board shall require such bond of all persons authorized to sign
279on accounts of the board, and the board shall pay bonding costs.
280No member of the board shall be personally liable for any action
281taken in attempting in good faith to perform his or her duty, or
282for a decision not to act, except in instances of fraud or
283willful neglect of duty.
284     (7)  A member of the city commission appointed to the board
285shall be a member of the board only so long as he or she is a
286member of the city commission, and the vacancy thus created
287shall be filled by the city commission.
288     Section 6.  Board bylaws and internal governance.--The
289board shall formulate and may amend its own rules of procedure
290and written bylaws not inconsistent with this act. A majority of
291its entire membership shall constitute a quorum for the
292transaction of business, but fewer than a quorum may adjourn
293from time to time and may compel the attendance of absent
294members. All action shall be taken by a vote of at least a
295majority present and voting. The board shall select one of its
296members as chair and another as vice chair and shall prescribe
297their duties, powers, and terms of serving. The board shall hold
298regular meetings at least once a month and shall provide in its
299bylaws for holding special meetings. All meetings shall be given
300public notice and shall be open to the public.
301     Section 7.  Functions of the authority.--The authority
302shall perform the following functions:
303     (1)  Prepare an analysis of the economic conditions and
304changes occurring in the downtown area, including the effect of
305such factors as metropolitan growth, traffic congestion, lack of
306adequate parking and other access facilities, and structural
307obsolescence and deterioration.
308     (2)  Formulate immediate, intermediate, and long-range
309development programs for improving the attractiveness and
310accessibility to the public of downtown facilities, promoting
311efficient use thereof, remedying the deterioration of downtown
312property values, and developing the downtown area.
313     (3)  Recommend to the city commission and to downtown
314business owners and residents the actions deemed most suitable
315for implementing the downtown development programs, including
316removal, razing, repair, renovation, reconstruction, remodeling,
317and improvement of existing structures, addition of new
318structures and facilities, relocation of any existing structures
319and facilities, and changes in patterns of and facilities for
320traveling to and from the downtown area.
321     (4)  Participate actively in the implementation and
322execution of downtown development programs, including
323establishment, acquisition, construction, ownership, financing,
324leasing, licensing, operation, and management of public
325facilities deemed feasible and beneficial in effecting
326implementation, but this subsection shall not give the authority
327any power or control over any city property unless and until
328assigned to it by the city commission.
329     (5)  Carry on all projects and undertakings authorized by
330law and within the limits of the powers granted to it by law,
331and such additional public projects and undertakings related to
332the downtown area as the city commission may assign to it with
333its consent.
334     Section 8.  Powers of the authority.--In the performance of
335the functions vested in or assigned to it, the authority is
336hereby granted the following powers:
337     (1)  To enter into contracts and agreements and to sue and
338be sued as a body corporate.
339     (2)  To have and use a corporate seal.
340     (3)  To acquire, own, convey, or otherwise dispose of,
341lease as lessor or lessee, construct, maintain, improve,
342enlarge, raze, relocate, operate, and manage property and
343facilities of whatever type, and to grant or acquire licenses,
344easements, and options with respect thereto.
345     (4)  To accept grants and donations of any type of
346property, labor, or other thing of value from any public or
347private source.
348     (5)  To receive the proceeds of the tax hereby imposed.
349     (6)  To receive the revenues from any property or facility
350owned, leased, licensed, or operated by it or under its control,
351subject to the limitations imposed upon it by trusts or other
352agreements validly entered into by it.
353     (7)  To have exclusive control of all funds legally
354available to it, subject to limitations imposed upon it by law
355or by any agreement validly entered into by it.
356     (8)  To cooperate and enter into agreements with any
357governmental agency or other public body.
358     (9)  To make to or receive from the city or Volusia County
359conveyances, leasehold interests, grants, contributions, loans,
360and other rights and privileges.
361     (10)  To issue and sell revenue certificates as hereinafter
362provided, or in any other manner permitted by law and not
363inconsistent with the provisions hereof, and to take all steps
364deemed by it necessary or expedient for efficient preparation
365and marketing of the certificates at public or private sale at
366the best price obtainable, including the entry into binding
367agreements with corporate trustees, underwriters, and the
368holders of the certificates, and the employment and payment, as
369a necessary expense of issuance, for the services of consultants
370on valuations, costs, and feasibility of undertaking, revenues
371to be anticipated and other financial matters, architecture,
372engineering, legal matters, accounting matters, and any other
373fields in which expert advice may be needed to effectuate
374advantageous issuance and marketing.
375     (11)  To fix, regulate, and collect rates and charges for
376facilities and services furnished by it or under its control and
377to pledge the revenue to the payment of revenue certificates
378issued by it.
379     (12)  To borrow money on its unsecured notes, for a period
380not exceeding 9 months, in an aggregate amount for all
381outstanding unsecured notes not exceeding 50 percent of the
382proceeds received during the immediately prior fiscal year from
383the tax hereby imposed, and at an annual rate of interest not
384exceeding the rate being charged at the time of the loan by
385banks in the city on unsecured short-term loans to local
386businesses.
387     (13)  To acquire by rental or otherwise and to equip and
388maintain a principal office for the conduct of its business and
389such branch offices as it may from time to time deem expedient.
390     (14)  To employ and prescribe the duties, authority,
391compensation, and reimbursement of expenses of the director of
392the authority, who shall act as its chief executive officer; a
393general counsel, who shall be an attorney with at least 5 years
394of experience in active Florida practice and so engaged at the
395time of appointment; and such other personnel as it may, after
396consultation with the director, deem necessary from time to
397time; provided, its personnel shall not be under civil service
398regulations, may be employed to serve at its pleasure, shall not
399in any event be contracted with for a term of employment longer
400than 5 years, shall not while employed by it serve as city
401officers or employees, and, with the exception of its secretary,
402shall not while employed by it serve as a member of it.
403     (15)  To enter into contracts in furtherance of its duties
404and in the exercise of its powers, and to contract and otherwise
405cooperate with and participate in all projects and undertakings
406of the United States and the state and all of their agencies and
407instrumentalities in furthering the purpose of this section.
408     (16)  To exercise all powers incidental to the effective
409and expedient exercise of the foregoing powers to the extent not
410in conflict herewith or inconsistent herewith.
411     (17)  To acquire by purchase or the exercise of the power
412of eminent domain, which must be in the best interest of the
413public, on such terms and conditions and in such manner as it
414may deem proper, and to own, convey, and otherwise dispose of
415and to lease, as lessor or lessee, any land and any other
416property, real and personal, and any rights and interests
417therein which it may determine to be reasonably necessary in
418furtherance of its other powers under this section, and to grant
419and acquire licenses, easements, and options with respect
420thereto; provided, however, that the compensation paid to owners
421of land and any other property, real and personal, or any
422property right, who have said rights acquired from them under
423this act by eminent domain, shall include reasonable
424reimbursement for relocating an existing business; and provided
425further that any property leased to private interests shall not
426be exempt from ad valorem taxes.
427     Section 9.  Levy of ad valorem tax.--An ad valorem tax in
428addition to all other ad valorem taxes is hereby levied annually
429for the purpose of financing the operation of the authority on
430all property in the downtown area which is subject to ad valorem
431taxation for city operating expenses. The tax base shall be the
432assessed valuation made annually by the county tax assessor. The
433rate shall be 1 mill on each dollar of tax base, unless the
434authority, by written notice to the county tax collector at such
435time as he or she shall specify, sets a rate of less than 1 mill
436for the ensuing fiscal year. The county tax collector shall
437collect the tax when and in the same manner in which he or she
438collects ad valorem taxes, with the same discounts for early
439payment, and shall pay the proceeds to the city treasurer for
440the account of the authority.
441     Section 10.  Board records and fiscal management.--
442     (1)  The funds of the board shall be maintained under a
443separate account and shall be used for the purposes herein
444authorized and shall be distributed only by direction of or with
445the approval of the board pursuant to requisitions signed by the
446director or other designated chief fiscal officer of the board
447and countersigned by at least one other person who shall be a
448member of the board.
449     (2)  The board bylaws shall provide for maintenance of
450minutes and other official records of its proceedings and
451actions; preparation and adoption of an annual budget for each
452ensuing fiscal year; internal supervision and control of its
453accounts, which function the appropriate city fiscal officers
454may perform for the board at its request; and an external audit
455at least annually by an independent certified public accountant
456who has no personal interest, direct or indirect, in its fiscal
457affairs. A copy of the external audit shall be filed with the
458city clerk within 90 days after the end of each fiscal year. The
459bylaws shall specify the means by which each of these functions
460is to be performed and, as to those functions assigned to board
461personnel, the manner and schedule of performance.
462     (3)  No member or employee of the board shall participate
463by vote or otherwise on behalf of the board in any matter in
464which he or she has a direct financial interest or an indirect
465financial interest other than of the benefits to be derived
466generally from the development of the downtown area.
467Participation with knowledge of such interest shall constitute
468malfeasance and shall result, as regards a member, in automatic
469forfeiture of office, or as regards an employee, in prompt
470dismissal.
471     Section 11.  Provisions governing issuance of revenue
472certificates.--Issuance of revenue certificates by the board
473shall be governed by the following general provisions:
474     (1)  Revenue certificates for purposes hereof are limited
475to obligations that are secured solely by pledge of revenues
476produced by the facility or facilities for the benefit of which
477the certificates are issued and the sale proceeds used and that
478do not constitute a lien or encumbrance, legal or equitable, on
479any real property of the board or on any of its personal
480property other than the revenue pledged to secure payment of the
481certificates.
482     (2)  The faith and credit of the city shall not be pledged
483and the city shall not be obligated directly or indirectly to
484make any payments on or appropriate any funds for certificates
485issued by the board.
486     (3)  Before issuing any revenue certificates, the board
487shall as to each issue:
488     (a)  Prepare or procure from a reputable source detailed
489estimates of the total cost of the undertaking for which the
490certificates are contemplated and of the annual revenues to be
491obtained therefrom and pledged as security for payment of the
492certificates.
493     (b)  Determine that the anticipated net proceeds from the
494sale, together with any other funds available and intended for
495the purposes of the issue, will be sufficient to cover all costs
496of the undertaking and of preparing and marketing the issues or
497anything connected therewith.
498     (c)  Determine that the annual revenues anticipated from
499the undertaking will be sufficient to pay the estimated annual
500cost of maintaining, repairing, operating, and replacing, to any
501necessary extent, not only the undertaking but also the punctual
502payment of the principal of, and interest on, the contemplated
503certificates.
504     (d)  Specify these determinations in and include the
505supporting estimates as parts of the resolution providing for
506the issue.
507     (4)  The board may, as to any issue of revenue
508certificates, engage the services of a corporate trustee for the
509issue and may treat any or all costs of carrying out the trust
510agreement as part of the operating costs of the undertaking for
511which the certificates are issued.
512     (5)  The board shall from time to time establish such
513rentals, rates, and charges, or shall by agreement maintain such
514control thereof, as to meet punctually all payments on the
515undertaking and its maintenance and repair, including reserves
516therefor, and for depreciation and replacement.
517     (6)  Revenue certificates may be issued for the purposes of
518funding, refunding, or both.
519     (7)  All revenue certificates issued pursuant hereto shall
520be negotiable instruments for all purposes.
521     (8)  Validation of certificates of indebtedness shall be in
522accordance with chapter 75, Florida Statutes.
523     Section 12.  Transfer upon cessation of the board.--Should
524the board cease to exist or to operate for whatever reason, all
525property of whatever kind shall forthwith become the property of
526the city, subject to the outstanding obligations of the board
527incurred in conformity with all of the foregoing provisions, and
528the city shall use this property to the maximum extent then
529practicable for effectuating the purpose hereof and shall
530succeed to and exercise only such powers of the board as shall
531be necessary to meet outstanding obligations of the board and
532effect an orderly cessation of its powers and functions;
533however, under no circumstances shall the city directly or
534indirectly be obligated to pledge or use any of its tax moneys
535to accomplish these functions.
536     Section 13.  Freeholders and qualified electors
537referendum.--Elections called after increasing or decreasing the
538boundaries of the downtown area in accordance with section 4 of
539this act shall be held in accordance with the following
540referendum provisions; provided, however, that no provision of
541this act shall require the approval of freeholders and qualified
542electors in an area which has previously approved of the
543provisions of this act by any referendum held hereinunder,
544unless there is involved a decrease in the boundaries of the
545downtown area.
546     (1)  For the purposes of this referendum, the city clerk
547shall work with the county supervisor of elections to perform
548all things necessary to carry out the provisions of this
549section.
550     (2)  Within 30 days after this act becoming a law of this
551state, the Clerk of the City of Daytona Beach shall compile a
552list of the names and the last known addresses of the
553freeholders and qualified electors in the downtown area from the
554voter registration rolls of the County of Volusia and the same
555shall constitute the registration list for the purposes of the
556referendum herein, except as hereinafter provided.
557     (3)  Within the time period specified in subsection (2),
558the clerk shall notify the freeholders and qualified electors of
559the general provisions of this act, the dates of the upcoming
560referendum, and the method provided for additional registration
561should the status of the freeholder or qualified elector have
562changed from that obtained from the county supervisor of
563elections. Notification hereunder shall be by registered or
564certified mail and published one time in the Daytona Beach News-
565Journal or another major newspaper of general circulation within
566the time period provided in subsection (2).
567     (4)  The voter registration lists shall remain open until
56830 days after the notifications provided in subsection (3).
569     (5)  Within 30 days after the closing of the registration
570list, the clerk shall have a secret and direct ballot of the
571freeholders and qualified electors by providing a certified
572voting machine at the City Hall of the City of Daytona Beach,
573between the legal hours of voting in normal municipal elections,
574and shall place the date of this election in the original
575notification and, additionally, the day after the registration
576list is closed, shall mail to all eligible voters additional
577notification of the time and place of said election. Within 1
578day after holding said election, the clerk shall certify the
579results thereof to the City Commission of Daytona Beach. Any
580person voting who has knowledge that he or she is not a
581freeholder or qualified elector as defined by this act shall be
582guilty of perjury and shall be prosecuted and upon conviction,
583punished in accordance with the provisions of the laws of this
584state.
585     (6)  The freeholders and qualified electors shall be deemed
586to have approved any amendment to the boundaries of the downtown
587area at such time as the clerk certifies to the City Commission
588of Daytona Beach that in excess of 50 percent of those voting
589were in favor of the amendment.
590     (7)  For the purposes of this act, one vote shall be
591allowed for each individual who is a freeholder or qualified
592elector within the downtown area defined in this act and by the
593Constitution and laws of the State of Florida. Joint and several
594owners of property shall be allowed to cast one ballot each.
595     (8)  A repeal referendum may be called by petition of the
596freeholders and qualified electors representing at least 30
597percent of the freeholders and qualified electors in the
598downtown area qualified to vote for the purpose of abolishing
599the board and repealing this act. Upon the receipt of such a
600petition for a repeal referendum by the city clerk, a referendum
601election shall be called by the city clerk and shall be held
602under the procedures as specified in this section. If the repeal
603shall fail, there shall be no additional repeal referendum made
604by petition at any time until 1 year after the certification of
605the results of the previous referendum by the clerk.
606     (9)  The elections to be held under this act shall be held
607in accordance with the election laws of the City of Daytona
608Beach, sections 22 through 26 of the charter, insofar as
609possible. The board shall be billed for the cost of the election
610by the City of Daytona Beach.
611     Section 14.  Persons eligible to vote.--In order to afford
612a fair and equal opportunity to all persons directly or
613indirectly affected by the creation of a downtown development
614authority in the City of Daytona Beach, all freeholders, as
615defined in this act, as well as qualified electors or voters,
616within the downtown area as described herein, are eligible to
617vote as provided in this act.
618     Section 15.  Millage limitations.--This act provides for
619the establishment of a special taxing district under s. 9, Art.
620VII of the Florida Constitution and the millage limitations are
621specified within this act as authorized by the constitution.
622However, should any court construe this act to be within the 10-
623mill limitation of the city or 10-mill limitation of the county,
624then all provisions of this act shall be null and void, and this
625act shall be repealed.
626     Section 16.  Special assessments.--To further finance the
627improvements authorized by this act, the Daytona Beach Downtown
628Development Authority Board is authorized to provide for payment
629of all or any part of the cost thereof by levying and collecting
630special assessments on property benefited by such improvements.
631Such special assessments shall be levied based on the benefits
632or advantages that reasonably may result to the property or to
633the owners thereof from the improvement contemplated and may be
634computed by the front footage of the benefited property, by the
635area benefited, by the distance from the improvements, or by any
636combination of these methods. The board shall declare by
637resolution the nature of the proposed improvements; designate
638the streets, sidewalks, or other properties to be improved and
639paid by special assessments; the manner in which said special
640assessments are to be paid; what part, if any, of said special
641assessments shall be paid by other funds; designate the lands
642upon which special assessments shall be levied; and state the
643total estimated cost of the improvements. Such estimated cost
644may include the cost of construction or reconstruction; all
645labor and materials; all lands, rights, easements, and
646franchises acquired; financing charges and interest prior to,
647during, and for up to 1 year after completion of construction;
648plans and specifications and surveys of estimates, costs, and
649revenues; engineering and legal services; and all other expenses
650necessary or instant to determining the feasibility or
651practicality of such construction or reconstruction,
652administrative expenses, and such other expenses as may be
653necessary or instant to the financing herein authorized.
654     (1)  Upon enactment of the resolution, the board shall
655cause to be prepared a preliminary assessment provided for in
656the resolution. The board may contract with the City of Daytona
657Beach or the County of Volusia to prepare the assessment roll.
658The assessment roll shall contain property descriptions and
659preliminary assessments of costs against each lot or parcel of
660land benefiting from such improvement.
661     (2)  Upon completion of the preliminary assessment roll,
662the board shall cause to be published once in a newspaper of
663general circulation, published in the City of Daytona Beach, a
664notice stating that such a preliminary assessment roll has been
665completed and is on file at the Courthouse Annex of the County
666of Volusia or City Hall of the City of Daytona Beach and is open
667to public inspection, and at a regular meeting of the board on a
668certain day and hour, not later than 15 days after said
669publication, the board will hear all interested persons
670regarding the proposed assessments contained in the preliminary
671assessment roll, which notice shall further state in brief and
672general terms a description of the improvement with the location
673thereon.
674     (3)  At least 15 days prior to the date of such hearing,
675notice by first class mail shall be sent to each person whose
676name and address appears in the most recent ad valorem real
677property tax rolls prepared by the property appraiser of the
678County of Volusia, who is the owner of any lot or parcel of land
679assessed, advising him or her of the nature of the proposed
680improvements, the estimated cost thereof, the specific amount of
681assessment made against each lot or parcel of land so owned by
682him or her or listed in his or her name, and the place, date,
683and time of the hearing upon the assessments as hereinbefore
684provided.
685     (4)  On or after the hearing provided for in this act, the
686board shall annul, sustain, or modify in whole or in part the
687preliminary assessment indicated on the preliminary assessment
688roll, either by confirming the preliminary assessment against
689any or all lots or parcels described therein, or by canceling,
690increasing, or reducing the same, according to the benefits
691which the board decides may reasonably result or have resulted
692to each lot or parcel by virtue of said improvement, but shall
693not confirm any assessment in excess of the benefit to the
694property assessed. Immediately after the determination of
695special assessments as hereinbefore provided, the special
696assessment roll, as sustained or modified, shall be delivered to
697the Finance Department of the County of Volusia for collection
698pursuant to provisions of state law. The board's determination
699of special assessment shall be final and conclusive.
700     (5)  Such special assessment shall become due and payable
701no later than 30 days after the final determination of the
702special assessments as hereinbefore provided, or at the time and
703in the manner stipulated in the resolution providing for the
704improvements. The special assessments shall remain liens,
705coequal with the lien of all state, county, district, and
706municipal taxes, superior in dignity to all other liens, titles,
707and claims until paid. The special assessments may, by the
708resolution aforesaid, be made payable in not more than 10 equal
709annual installments, to which, if not paid when due, there shall
710be added a penalty at the rate of 1 percent per month until
711paid.
712     (6)  After the equalization, approval, and confirmation of
713the levying of the special assessments for improvements as
714provided herein, and as soon as a contract for the improvements
715has been finally let, the board may by resolution or ordinance
716authorize the issuance of bonds, to be designated "Improvement
717Bonds, Series No. ________", in an amount not in excess of the
718aggregate amount of the liens levied for such improvements. Said
719bonds shall be payable from a special and separate fund to be
720known as the "Improvement Fund, Series No. ________", which
721shall be used solely for the payment and principal interest of
722said "Improvement Bond, Series No. ________" and for no other
723purpose. Said fund shall be deposited in a separate account with
724the City of Daytona Beach, and all the proceeds collected by the
725Finance Department of the County of Volusia from the principal,
726interest, and penalties of said lien shall be deposited and held
727in such funds. Said bonds shall mature not later than 2 years
728after the maturity of the last installment of said liens. Said
729bonds shall bear certificates signed by the chair of the
730authority certifying that the amount of lien levied, the
731proceeds of which are pledged to the payment of said bonds, are
732equal to the amount of the bonds issued. The bonds issued may be
733delivered to the contractor in payment of his or her work or may
734be sold at public or private sale for not less than par and
735accrued interest, the proceeds to be used in paying for the cost
736of the work. Said bonds shall not be a charge or payable out of
737the general revenues of the authority, but shall be payable
738solely out of the assessments, installments, interest, and
739penalties arising under this act. Any surplus remaining after
740payment of all bonds and interest thereon shall revert to the
741board and be used for any board purposes as it may designate.
742     (7)  The special assessments herein described may be
743administered by the City of Daytona Beach or the Finance
744Department of the County of Volusia, pursuant to the provisions
745of law.
746     Section 4.  The provisions of this act, being desirable for
747the welfare of the city and its inhabitants, shall be liberally
748construed to effectuate the purposes herein provided.
749     Section 5.  Chapters 72-520, 77-537, 79-446, and 80-493,
750Laws of Florida, are repealed.
751     Section 6.  This act shall take effect upon becoming a law.


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