HB 1053

1
A bill to be entitled
2An act relating to St. Lucie County; creating the St.
3Lucie County Research and Education Authority, an
4independent special district in St. Lucie County;
5providing definitions; providing for a governing board and
6powers; providing for a research and educational
7facilities benefit assessment; providing for exemption
8from taxation; providing minimum charter requirements;
9providing for a referendum; providing for construction and
10severability; providing an effective date.
11
12Be It Enacted by the Legislature of the State of Florida:
13
14     Section 1.  Legislative findings and intent.--
15     (1)  The purposes of this act are to:
16     (a)  Create an independent research and education authority
17within St. Lucie County to promote and stimulate economic
18development and employment opportunities within St. Lucie County
19and throughout the Treasure Coast.
20     (b)  Provide a dedicated funding source to be utilized by
21the St. Lucie County Research and Education Authority to fund
22education and research initiatives in St. Lucie County,
23including enhancement of existing facilities and programs and
24development of new facilities and programs to provide a sound
25basis for economic development and employment in St. Lucie
26County.
27     (c)  Provide a funding incentive for public-private
28partnerships to develop research and education facilities and
29programs within St. Lucie County and the Treasure Coast.
30     (d)  Determine that the creation and operation of the St.
31Lucie County Research and Education Authority is in the public
32interest.
33     (2)  The Legislature finds that:
34     (a)  The creation of research and educational facilities
35will attract high-technology businesses and related research
36enterprises to St. Lucie County and provide and maintain a job
37base of highly compensated scientists, technicians, and
38administrators to the county.
39     (b)  The creation of new research and educational
40facilities and the attraction and maintenance of a high-
41technology, strong, high-paying job base in the county
42especially benefit the value of real property in the county by
43helping to maintain its value and stimulate growth in value over
44time as the property is sold or resold.
45     (c)  It is appropriate and equitable for the purchaser or
46seller of benefited real property whose value is enhanced by the
47creation of research and educational facilities and maintenance
48of a strong job base in St. Lucie County to pay a research and
49educational facilities benefit assessment at the time of
50property transfer that is proportional to and not in excess of
51the benefit received from the referenced facilities.
52     (3)  The Legislature hereby intends to create an
53independent special district and grant to it the authority
54contained in this act to receive and spend research and
55educational facilities benefit assessments collected pursuant to
56this act specifically for the creation of research and
57educational facilities that will stimulate the growth of high-
58technology businesses and employment in St. Lucie County and
59protect and enhance real property value in the county.
60     Section 2.  Creation.--Pursuant to chapter 189, Florida
61Statutes, the St. Lucie County Research and Education Authority
62is hereby created as a public body and independent special
63district the boundaries of which are coterminous with the
64boundaries of St. Lucie County.
65     Section 3.  Definitions.--As used in this act:
66     (1)  "Board" means the governing board of the St. Lucie
67County Research and Education Authority.
68     (2)  "Authority" means the St. Lucie County Research and
69Education Authority.
70     (3)  "Elector" means a person who is a resident of the
71Authority and is qualified to vote in a general election within
72St. Lucie County.
73     (4)  "Research and educational facilities benefit
74assessment" means a non-ad valorem assessment as defined in
75section 197.3632, Florida Statutes.
76     Section 4.  Governing board; membership; qualification;
77officers; meetings.--
78     (1)  The board of the authority shall at all times consist
79of seven members, two of whom shall be elected by and from the
80Board of County Commissioners of St. Lucie County, two of whom
81shall be elected by and from the City Commission of the City of
82Fort Pierce, two of whom shall be elected by and from the City
83Council of the City of Port St. Lucie, and one of whom shall be
84appointed by the Governor.
85     (2)  Within 90 days after the effective date of this act,
86the members shall be elected by their respective board,
87commission, or council as set forth in subsection (1) and the
88Governor shall make his or her appointment to the board as set
89forth in subsection (1).
90     (3)  The terms of office of the two members from the Board
91of County Commissioners of St. Lucie County, the two members
92from the City Commission of the City of Fort Pierce, and the two
93members from the City Council of the City of Port St. Lucie, and
94their respective successors, shall be for periods of 2 years.
95The term of office of the seventh member appointed by the
96Governor shall be for a period of 2 years, but said seventh
97member shall continue to serve until his or her successor is
98appointed.
99     (4)  As to the two members from the Board of County
100Commissioners of St. Lucie County, the two members from the City
101Commission of the City of Fort Pierce, and the two members from
102the City Council of the City of Port St. Lucie, their
103continuance in such official capacities as members of the board
104of county commissioners, city commission, and city council shall
105be deemed an essential qualification as to their continuance as
106members of the board of the authority.
107     (5)  Each member of the board shall assume office 10 days
108following the member's election or appointment. Biennially,
109within 60 days after the newly elected and appointed members
110have taken office, the board shall organize by electing from its
111members a chair, a vice chair, a secretary, and a treasurer. The
112positions of secretary and treasurer may be held by one member.
113Funds of the authority may be disbursed only upon the order or
114pursuant to resolution of the board, by warrant or check signed
115by the treasurer or other person authorized by the board.
116However, a petty cash account may be authorized by the board.
117The board may give the treasurer additional powers and duties
118that it deems appropriate.
119     (6)  Members of the board may each be paid a salary or
120honorarium to be determined by at least a majority plus one vote
121of the board, which salary or honorarium may not exceed $500 per
122month for each member. Special notice of any meeting at which
123the board will consider a salary change for a member shall be
124published at least once, at least 14 days prior to the meeting,
125in a newspaper of general circulation in St. Lucie County.
126Separate compensation for the member serving as treasurer may be
127authorized by like vote so long as total compensation for the
128member does not exceed $500 per month. Members may be reimbursed
129for travel and per diem expenses as provided in section 112.061,
130Florida Statutes.
131     (7)  If a vacancy occurs on the board due to the
132resignation, death, or removal of a member or the failure of
133anyone to qualify for a board seat, the board, commission,
134council, or Governor responsible for the original election or
135appointment shall elect or appoint a qualified person to fill
136the seat for the remaining term, if any. The board shall remove
137any member who has three consecutive, unexcused absences from
138regularly scheduled meetings. The board shall adopt policies by
139resolution defining excused and unexcused absences.
140     (8)  Each member shall, upon assuming office, take and
141subscribe to the oath of office prescribed by s. 5(b), Art. II
142of the State Constitution and section 876.05, Florida Statutes.
143Each member, within 30 days after assuming office, must give the
144Governor a good and sufficient surety bond in the sum of $5,000,
145the cost thereof being borne by the authority, conditioned on
146the member's faithful performance of his or her duties of
147office.
148     (9)  The board shall keep a permanent record book entitled
149"Record of Proceedings of St. Lucie County Research and
150Education Authority," in which the minutes of all meetings,
151resolutions, proceedings, certificates, bonds given by
152commissioners, and corporate acts shall be recorded. The record
153book shall be open to inspection in the same manner as state,
154county, and municipal records are open under chapter 119,
155Florida Statutes, and s. 24, Art. I of the State Constitution.
156The record book shall be kept at the office or other regular
157place of business maintained by the board in St. Lucie County.
158     (10)  All meetings of the board shall be open to the public
159consistent with chapter 286, Florida Statutes, section 189.417,
160Florida Statutes, and other applicable general laws.
161     Section 5.  General powers.--The authority shall have, and
162the board may exercise by majority vote, the following powers:
163     (1)  To sue and be sued in the name of the authority, to
164adopt and use a seal and authorize the use of a facsimile
165thereof, and to make and execute contracts and other instruments
166necessary or convenient to the exercise of its powers.
167     (2)  To provide for a pension or retirement plan for its
168employees. In accordance with section 215.425, Florida Statutes,
169the board may provide for an extra compensation program,
170including a lump-sum bonus payment program, to reward
171outstanding employees whose performance exceeds standards if the
172program provides that a bonus payment may not be included in an
173employee's regular base rate of pay and may not be carried
174forward in subsequent years.
175     (3)  To contract for the services of consultants to perform
176planning, engineering, legal, or other professional services.
177     (4)  To borrow money and accept gifts; to apply for and use
178grants or loans of money or other property from the United
179States, the state, a unit of local government, or any person for
180any purposes of the authority and enter into agreements required
181in connection therewith; and to hold, use, sell, and dispose of
182such moneys or property for any authority purpose in accordance
183with the terms of the gift, grant, loan, or agreement relating
184thereto.
185     (5)  To adopt resolutions and procedures prescribing the
186powers, duties, and functions of the officers of the authority;
187the conduct of the business of the authority; the maintenance of
188records; and the form of other documents and records of the
189authority.
190     (6)  To maintain an office at places it designates within
191St. Lucie County and appoint an agent of record.
192     (7)  To acquire, by purchase, lease, gift, dedication,
193devise, or otherwise, real and personal property or any estate
194therein for any purpose authorized by this act and to trade,
195sell, or otherwise dispose of surplus real or personal property.
196The board may purchase equipment by an installment sales
197contract if funds are available to pay the current year's
198installments on the equipment and to pay the amounts due that
199year on all other installments and indebtedness.
200     (8)  To hold, control, and acquire by donation or purchase
201any public easement, dedication to public use, platted
202reservation for public purposes, or reservation for those
203purposes authorized by this act and to use such easement,
204dedication, or reservation for any purpose authorized by this
205act consistent with applicable adopted local government
206comprehensive plans and land development regulations.
207     (9)  To lease as lessor or lessee to or from any person,
208firm, corporation, association, or body, public or private, any
209facility or property of any nature for the use of the authority
210when necessary to carry out the authority's powers and duties
211under this act.
212     (10)  To borrow money and issue bonds, revenue anticipation
213notes, or certificates payable from and secured by a pledge of
214funds, revenues, and assessments, warrants, notes, or other
215evidence of indebtedness, when necessary to carry out the
216authority's powers and duties under this act.
217     (11)  To cooperate or contract with other persons or
218entities, including other governmental agencies, as necessary,
219convenient, incidental, or proper in connection with providing
220effective mutual aid and furthering any power, duty, or purpose
221authorized by this act.
222     (12)  To develop and adopt research and education plans and
223programs for the support and enhancement of existing research
224and education facilities and programs in St. Lucie County.
225     (13)  To implement approved research and education plans
226including financial support to improve existing facilities and
227programs; the purchase, lease, or construction and development
228of new research or education facilities; and initiation of new
229research or education programs including joint ventures with
230public or private partners.
231     (14)  To utilize a research and educational facilities
232benefit assessment as defined in section 3 to implement adopted
233research and education plans or programs and to pay for
234administration of the authority and the purposes of the
235authority.
236     (15)  To select as a depository for its funds any qualified
237public depository as defined in section 280.02, Florida
238Statutes, which meets all the requirements of chapter 280,
239Florida Statutes, and has been designated by the Chief Financial
240Officer as a qualified public depository, upon such terms and
241conditions as to the payment of interest upon the funds
242deposited as the board deems just and reasonable.
243     (16)  To provide adequate insurance on all real and
244personal property, equipment, employees, and other personnel.
245     Section 6.  Bonds; no pledge of full faith and credit.--
246     (1)  Beginning in 2007, and for the life of the bond issue
247authorized by this section, the first $500,000 in assessment
248revenue collected annually shall be pledged and utilized for the
249issuance of revenue bonds. Such bonds may be issued for a period
250of up to 30 years. The bonds authorized by this section shall be
251used exclusively for the purchase of real property to provide an
252incentive for the location or development of research or
253educational facilities in St. Lucie County. Upon satisfaction of
254the bonded indebtedness incurred herein, this section shall be
255repealed unless reenacted by a subsequent legislature.
256     (2)  The authority contained herein does not constitute a
257pledge of the full faith and credit of the authority pursuant to
258s. 12, Art. VII of the State Constitution. Bonds issued
259hereunder shall only be secured by research and educational
260facilities benefit assessment revenues collected by the
261authority pursuant to this act and no other source of revenue.
262     Section 7.  Research and educational facilities benefit
263assessment; exemptions.--
264     (1)  In addition to the tax on deeds and other instruments
265relating to real property required pursuant to section 201.02,
266Florida Statutes, any transfer or conveyance of real property as
267defined therein after the effective date of this act shall
268require simultaneous payment to the clerk of the circuit court
269of a research and educational facilities benefit assessment in
270an amount prescribed by the following schedule:
271     (a)  New single-family residential units, multifamily
272residential units, or manufactured (mobile) homes:  $250 per
273dwelling.
274     (b)  Existing single-family residential units, multifamily
275residential units, or manufactured (mobile) homes:  $125 per
276dwelling.
277     (c)  New commercial/industrial structures:  $150 per 1,000
278square feet.
279     (d)  Commercial/industrial resale:  $75 per 1,000 square
280feet.
281     (e)  Vacant residential land:  $150 per dwelling unit
282authorized by city or county zoning and comprehensive plan
283provisions.
284     (f)  Vacant commercial/industrial property:  $75 per each
2851,000 square feet of development authorized by city or county
286zoning and comprehensive plan provisions.
287     (g)  Vacant agricultural property:  $100 plus $10 per acre
288for every acre over 1 acre.
289     (2)  The assessment collected pursuant to this act by the
290clerk of the circuit court shall be transferred to an account
291designated by the authority. Such transfers shall be made within
29230 days after collection.
293     (3)  The following transfers of real property shall be
294exempt from the assessment provided in subsection (1):
295     (a)  Transfers of bona fide, commercial agricultural land
296that include a deed restriction or covenant requiring the land
297to remain in agricultural use for a minimum of 10 years.
298     (b)  Residential transfers of housing financed by the
299Florida Housing Finance Corporation.
300     (c)  Existing research and education facilities.
301     (d)  Commercial facilities and research or educational
302projects financed in whole or in part by the authority.
303     Section 8.  Exemption from taxation.--Because the exercise
304of the powers conferred by this act constitutes action by a
305political subdivision performing essential public functions, and
306because the property of the authority constitutes public
307property used for public purposes, all assets and properties of
308the authority, including property acquired through the
309foreclosure of any lien, are exempt from all taxes imposed by
310the state or any political subdivision, agency, or
311instrumentality of the state.
312     Section 9.  Minimum charter requirements.--In accordance
313with section 189.404(3), Florida Statutes, the following
314subsections shall comprise the minimum required charter
315provisions for the authority:
316     (1)  The authority is organized and exists for all purposes
317set forth in this act and chapter 189, Florida Statutes, as they
318may be amended from time to time.
319     (2)  The powers, functions, and duties of the authority
320regarding bond issuance, revenue-raising capabilities, budget
321preparation and approval, liens, foreclosure of liens, use of
322tax deeds and tax certificates, and contractual agreements shall
323be as set forth in chapters 189 and 201, Florida Statutes, this
324act, or any other applicable general or special law, as they may
325be amended from time to time.
326     (3)  The authority was created by special act of the
327Legislature.
328     (4)  The authority's charter may be amended only by special
329act of the Legislature, unless otherwise provided by chapter
330189, Florida Statutes, as it may be amended from time to time.
331     (5)  The authority is governed by a seven-member board. The
332membership and organization of the board shall be as set forth
333in this act and chapter 189, Florida Statutes, as they may be
334amended from time to time.
335     (6)  Board members may be paid a salary in accordance with
336this act and chapter 189, Florida Statutes, as they may be
337amended from time to time. Pursuant to section 112.08, Florida
338Statutes, board members may receive benefits, such as medical
339insurance or accidental death and dismemberment insurance, in
340addition to the maximum salary allowed under general law.
341     (7)  The administrative duties of the board shall be as set
342forth in this act and chapter 189, Florida Statutes, as they may
343be amended from time to time.
344     (8)  Requirements for financial disclosure, meeting
345notices, reporting, public records maintenance, and per diem
346expenses for officers and employees shall be as set forth in
347chapters 112, 189, and 286, Florida Statutes, as they may be
348amended from time to time.
349     (9)  The procedures and requirements governing the issuance
350of bonds, notes, and other evidences of indebtedness by the
351authority shall be as set forth in this act, chapter 189,
352Florida Statutes, and applicable general laws, as they may be
353amended from time to time.
354     (10)  The procedures for conducting authority elections and
355for qualification of electors shall be pursuant to this act,
356chapter 189, Florida Statutes, and applicable general law, as
357they may be amended from time to time.
358     (11)  The authority may be financed by any method
359established in this act, chapter 189, Florida Statutes, or any
360applicable general laws, as they may be amended from time to
361time.
362     (12)  The method for collecting fees, service charges,
363state matching funds, or assessments shall be as set forth in
364this act and chapters 197 and 201, Florida Statutes, as they may
365be amended from time to time.
366     (13)  The authority's planning requirements shall be as set
367forth in chapter 189, Florida Statutes, as it may be amended
368from time to time.
369     (14)  The district's geographic boundary limitations shall
370be coterminous with the boundaries of St. Lucie County as
371defined in section 7.59, Florida Statutes, as it may be amended
372from time to time.
373     Section 10.  Referendum.--On or before November 7, 2006,
374the Supervisor of Elections of St. Lucie County shall conduct a
375referendum on the question of the creation of the St. Lucie
376County Research and Education Authority. The referendum question
377shall be posed as follows:
378
379Shall the St. Lucie County Research and Education Authority be
380authorized and created by special act of the Legislature with
381authority to collect a research and educational facilities
382benefit assessment on real property transfers in St. Lucie
383County to finance research and education facilities?
384
385               Yes                    No
386     Section 11.  Construction.--The provisions of this act
387shall be liberally construed in order to effectively carry out
388the purposes of this act in the interest of the public health,
389welfare, and safety of the citizens served by the authority.
390     Section 12.  Severability.--It is declared to be the intent
391of the Legislature that if any section, subsection, sentence,
392clause, phrase, or portion of this act is for any reason held
393invalid or unconstitutional by any court of competent
394jurisdiction, such portion shall be deemed a separate, distinct,
395and independent provision, and such holding shall not affect the
396validity of the remaining portions hereof.
397     Section 13.  This act shall take effect only upon its
398approval by a majority vote of those qualified electors of St.
399Lucie County voting in a referendum to be called by the
400Supervisor of Elections of St. Lucie County on or before
401November 7, 2006, in accordance with the provisions of law
402relating to elections currently in force, except that this
403section and section 10 of this act shall take effect upon
404becoming a law.


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