1 | A bill to be entitled |
2 | An act relating to St. Lucie County; creating the St. |
3 | Lucie County Research and Education Authority, an |
4 | independent special district in St. Lucie County; |
5 | providing definitions; providing for a governing board and |
6 | powers; providing for a research and educational |
7 | facilities benefit assessment; providing for exemption |
8 | from taxation; providing minimum charter requirements; |
9 | providing for a referendum; providing for construction and |
10 | severability; providing an effective date. |
11 |
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12 | Be It Enacted by the Legislature of the State of Florida: |
13 |
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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 |
17 | within St. Lucie County to promote and stimulate economic |
18 | development and employment opportunities within St. Lucie County |
19 | and throughout the Treasure Coast. |
20 | (b) Provide a dedicated funding source to be utilized by |
21 | the St. Lucie County Research and Education Authority to fund |
22 | education and research initiatives in St. Lucie County, |
23 | including enhancement of existing facilities and programs and |
24 | development of new facilities and programs to provide a sound |
25 | basis for economic development and employment in St. Lucie |
26 | County. |
27 | (c) Provide a funding incentive for public-private |
28 | partnerships to develop research and education facilities and |
29 | programs within St. Lucie County and the Treasure Coast. |
30 | (d) Determine that the creation and operation of the St. |
31 | Lucie County Research and Education Authority is in the public |
32 | interest. |
33 | (2) The Legislature finds that: |
34 | (a) The creation of research and educational facilities |
35 | will attract high-technology businesses and related research |
36 | enterprises to St. Lucie County and provide and maintain a job |
37 | base of highly compensated scientists, technicians, and |
38 | administrators to the county. |
39 | (b) The creation of new research and educational |
40 | facilities and the attraction and maintenance of a high- |
41 | technology, strong, high-paying job base in the county |
42 | especially benefit the value of real property in the county by |
43 | helping to maintain its value and stimulate growth in value over |
44 | time as the property is sold or resold. |
45 | (c) It is appropriate and equitable for the purchaser or |
46 | seller of benefited real property whose value is enhanced by the |
47 | creation of research and educational facilities and maintenance |
48 | of a strong job base in St. Lucie County to pay a research and |
49 | educational facilities benefit assessment at the time of |
50 | property transfer that is proportional to and not in excess of |
51 | the benefit received from the referenced facilities. |
52 | (3) The Legislature hereby intends to create an |
53 | independent special district and grant to it the authority |
54 | contained in this act to receive and spend research and |
55 | educational facilities benefit assessments collected pursuant to |
56 | this act specifically for the creation of research and |
57 | educational facilities that will stimulate the growth of high- |
58 | technology businesses and employment in St. Lucie County and |
59 | protect and enhance real property value in the county. |
60 | Section 2. Creation.--Pursuant to chapter 189, Florida |
61 | Statutes, the St. Lucie County Research and Education Authority |
62 | is hereby created as a public body and independent special |
63 | district the boundaries of which are coterminous with the |
64 | boundaries of St. Lucie County. |
65 | Section 3. Definitions.--As used in this act: |
66 | (1) "Board" means the governing board of the St. Lucie |
67 | County Research and Education Authority. |
68 | (2) "Authority" means the St. Lucie County Research and |
69 | Education Authority. |
70 | (3) "Elector" means a person who is a resident of the |
71 | Authority and is qualified to vote in a general election within |
72 | St. Lucie County. |
73 | (4) "Research and educational facilities benefit |
74 | assessment" means a non-ad valorem assessment as defined in |
75 | section 197.3632, Florida Statutes. |
76 | Section 4. Governing board; membership; qualification; |
77 | officers; meetings.-- |
78 | (1) The board of the authority shall at all times consist |
79 | of seven members, two of whom shall be elected by and from the |
80 | Board of County Commissioners of St. Lucie County, two of whom |
81 | shall be elected by and from the City Commission of the City of |
82 | Fort Pierce, two of whom shall be elected by and from the City |
83 | Council of the City of Port St. Lucie, and one of whom shall be |
84 | appointed by the Governor. |
85 | (2) Within 90 days after the effective date of this act, |
86 | the members shall be elected by their respective board, |
87 | commission, or council as set forth in subsection (1) and the |
88 | Governor shall make his or her appointment to the board as set |
89 | forth in subsection (1). |
90 | (3) The terms of office of the two members from the Board |
91 | of County Commissioners of St. Lucie County, the two members |
92 | from the City Commission of the City of Fort Pierce, and the two |
93 | members from the City Council of the City of Port St. Lucie, and |
94 | their respective successors, shall be for periods of 2 years. |
95 | The term of office of the seventh member appointed by the |
96 | Governor shall be for a period of 2 years, but said seventh |
97 | member shall continue to serve until his or her successor is |
98 | appointed. |
99 | (4) As to the two members from the Board of County |
100 | Commissioners of St. Lucie County, the two members from the City |
101 | Commission of the City of Fort Pierce, and the two members from |
102 | the City Council of the City of Port St. Lucie, their |
103 | continuance in such official capacities as members of the board |
104 | of county commissioners, city commission, and city council shall |
105 | be deemed an essential qualification as to their continuance as |
106 | members of the board of the authority. |
107 | (5) Each member of the board shall assume office 10 days |
108 | following the member's election or appointment. Biennially, |
109 | within 60 days after the newly elected and appointed members |
110 | have taken office, the board shall organize by electing from its |
111 | members a chair, a vice chair, a secretary, and a treasurer. The |
112 | positions of secretary and treasurer may be held by one member. |
113 | Funds of the authority may be disbursed only upon the order or |
114 | pursuant to resolution of the board, by warrant or check signed |
115 | by the treasurer or other person authorized by the board. |
116 | However, a petty cash account may be authorized by the board. |
117 | The board may give the treasurer additional powers and duties |
118 | that it deems appropriate. |
119 | (6) Members of the board may each be paid a salary or |
120 | honorarium to be determined by at least a majority plus one vote |
121 | of the board, which salary or honorarium may not exceed $500 per |
122 | month for each member. Special notice of any meeting at which |
123 | the board will consider a salary change for a member shall be |
124 | published at least once, at least 14 days prior to the meeting, |
125 | in a newspaper of general circulation in St. Lucie County. |
126 | Separate compensation for the member serving as treasurer may be |
127 | authorized by like vote so long as total compensation for the |
128 | member does not exceed $500 per month. Members may be reimbursed |
129 | for travel and per diem expenses as provided in section 112.061, |
130 | Florida Statutes. |
131 | (7) If a vacancy occurs on the board due to the |
132 | resignation, death, or removal of a member or the failure of |
133 | anyone to qualify for a board seat, the board, commission, |
134 | council, or Governor responsible for the original election or |
135 | appointment shall elect or appoint a qualified person to fill |
136 | the seat for the remaining term, if any. The board shall remove |
137 | any member who has three consecutive, unexcused absences from |
138 | regularly scheduled meetings. The board shall adopt policies by |
139 | resolution defining excused and unexcused absences. |
140 | (8) Each member shall, upon assuming office, take and |
141 | subscribe to the oath of office prescribed by s. 5(b), Art. II |
142 | of the State Constitution and section 876.05, Florida Statutes. |
143 | Each member, within 30 days after assuming office, must give the |
144 | Governor a good and sufficient surety bond in the sum of $5,000, |
145 | the cost thereof being borne by the authority, conditioned on |
146 | the member's faithful performance of his or her duties of |
147 | office. |
148 | (9) The board shall keep a permanent record book entitled |
149 | "Record of Proceedings of St. Lucie County Research and |
150 | Education Authority," in which the minutes of all meetings, |
151 | resolutions, proceedings, certificates, bonds given by |
152 | commissioners, and corporate acts shall be recorded. The record |
153 | book shall be open to inspection in the same manner as state, |
154 | county, and municipal records are open under chapter 119, |
155 | Florida Statutes, and s. 24, Art. I of the State Constitution. |
156 | The record book shall be kept at the office or other regular |
157 | place of business maintained by the board in St. Lucie County. |
158 | (10) All meetings of the board shall be open to the public |
159 | consistent with chapter 286, Florida Statutes, section 189.417, |
160 | Florida Statutes, and other applicable general laws. |
161 | Section 5. General powers.--The authority shall have, and |
162 | the board may exercise by majority vote, the following powers: |
163 | (1) To sue and be sued in the name of the authority, to |
164 | adopt and use a seal and authorize the use of a facsimile |
165 | thereof, and to make and execute contracts and other instruments |
166 | necessary or convenient to the exercise of its powers. |
167 | (2) To provide for a pension or retirement plan for its |
168 | employees. In accordance with section 215.425, Florida Statutes, |
169 | the board may provide for an extra compensation program, |
170 | including a lump-sum bonus payment program, to reward |
171 | outstanding employees whose performance exceeds standards if the |
172 | program provides that a bonus payment may not be included in an |
173 | employee's regular base rate of pay and may not be carried |
174 | forward in subsequent years. |
175 | (3) To contract for the services of consultants to perform |
176 | planning, engineering, legal, or other professional services. |
177 | (4) To borrow money and accept gifts; to apply for and use |
178 | grants or loans of money or other property from the United |
179 | States, the state, a unit of local government, or any person for |
180 | any purposes of the authority and enter into agreements required |
181 | in connection therewith; and to hold, use, sell, and dispose of |
182 | such moneys or property for any authority purpose in accordance |
183 | with the terms of the gift, grant, loan, or agreement relating |
184 | thereto. |
185 | (5) To adopt resolutions and procedures prescribing the |
186 | powers, duties, and functions of the officers of the authority; |
187 | the conduct of the business of the authority; the maintenance of |
188 | records; and the form of other documents and records of the |
189 | authority. |
190 | (6) To maintain an office at places it designates within |
191 | St. Lucie County and appoint an agent of record. |
192 | (7) To acquire, by purchase, lease, gift, dedication, |
193 | devise, or otherwise, real and personal property or any estate |
194 | therein for any purpose authorized by this act and to trade, |
195 | sell, or otherwise dispose of surplus real or personal property. |
196 | The board may purchase equipment by an installment sales |
197 | contract if funds are available to pay the current year's |
198 | installments on the equipment and to pay the amounts due that |
199 | year on all other installments and indebtedness. |
200 | (8) To hold, control, and acquire by donation or purchase |
201 | any public easement, dedication to public use, platted |
202 | reservation for public purposes, or reservation for those |
203 | purposes authorized by this act and to use such easement, |
204 | dedication, or reservation for any purpose authorized by this |
205 | act consistent with applicable adopted local government |
206 | comprehensive plans and land development regulations. |
207 | (9) To lease as lessor or lessee to or from any person, |
208 | firm, corporation, association, or body, public or private, any |
209 | facility or property of any nature for the use of the authority |
210 | when necessary to carry out the authority's powers and duties |
211 | under this act. |
212 | (10) To borrow money and issue bonds, revenue anticipation |
213 | notes, or certificates payable from and secured by a pledge of |
214 | funds, revenues, and assessments, warrants, notes, or other |
215 | evidence of indebtedness, when necessary to carry out the |
216 | authority's powers and duties under this act. |
217 | (11) To cooperate or contract with other persons or |
218 | entities, including other governmental agencies, as necessary, |
219 | convenient, incidental, or proper in connection with providing |
220 | effective mutual aid and furthering any power, duty, or purpose |
221 | authorized by this act. |
222 | (12) To develop and adopt research and education plans and |
223 | programs for the support and enhancement of existing research |
224 | and education facilities and programs in St. Lucie County. |
225 | (13) To implement approved research and education plans |
226 | including financial support to improve existing facilities and |
227 | programs; the purchase, lease, or construction and development |
228 | of new research or education facilities; and initiation of new |
229 | research or education programs including joint ventures with |
230 | public or private partners. |
231 | (14) To utilize a research and educational facilities |
232 | benefit assessment as defined in section 3 to implement adopted |
233 | research and education plans or programs and to pay for |
234 | administration of the authority and the purposes of the |
235 | authority. |
236 | (15) To select as a depository for its funds any qualified |
237 | public depository as defined in section 280.02, Florida |
238 | Statutes, which meets all the requirements of chapter 280, |
239 | Florida Statutes, and has been designated by the Chief Financial |
240 | Officer as a qualified public depository, upon such terms and |
241 | conditions as to the payment of interest upon the funds |
242 | deposited as the board deems just and reasonable. |
243 | (16) To provide adequate insurance on all real and |
244 | personal 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 |
247 | authorized by this section, the first $500,000 in assessment |
248 | revenue collected annually shall be pledged and utilized for the |
249 | issuance of revenue bonds. Such bonds may be issued for a period |
250 | of up to 30 years. The bonds authorized by this section shall be |
251 | used exclusively for the purchase of real property to provide an |
252 | incentive for the location or development of research or |
253 | educational facilities in St. Lucie County. Upon satisfaction of |
254 | the bonded indebtedness incurred herein, this section shall be |
255 | repealed unless reenacted by a subsequent legislature. |
256 | (2) The authority contained herein does not constitute a |
257 | pledge of the full faith and credit of the authority pursuant to |
258 | s. 12, Art. VII of the State Constitution. Bonds issued |
259 | hereunder shall only be secured by research and educational |
260 | facilities benefit assessment revenues collected by the |
261 | authority pursuant to this act and no other source of revenue. |
262 | Section 7. Research and educational facilities benefit |
263 | assessment; exemptions.-- |
264 | (1) In addition to the tax on deeds and other instruments |
265 | relating to real property required pursuant to section 201.02, |
266 | Florida Statutes, any transfer or conveyance of real property as |
267 | defined therein after the effective date of this act shall |
268 | require simultaneous payment to the clerk of the circuit court |
269 | of a research and educational facilities benefit assessment in |
270 | an amount prescribed by the following schedule: |
271 | (a) New single-family residential units, multifamily |
272 | residential units, or manufactured (mobile) homes: $250 per |
273 | dwelling. |
274 | (b) Existing single-family residential units, multifamily |
275 | residential units, or manufactured (mobile) homes: $125 per |
276 | dwelling. |
277 | (c) New commercial/industrial structures: $150 per 1,000 |
278 | square feet. |
279 | (d) Commercial/industrial resale: $75 per 1,000 square |
280 | feet. |
281 | (e) Vacant residential land: $150 per dwelling unit |
282 | authorized by city or county zoning and comprehensive plan |
283 | provisions. |
284 | (f) Vacant commercial/industrial property: $75 per each |
285 | 1,000 square feet of development authorized by city or county |
286 | zoning and comprehensive plan provisions. |
287 | (g) Vacant agricultural property: $100 plus $10 per acre |
288 | for every acre over 1 acre. |
289 | (2) The assessment collected pursuant to this act by the |
290 | clerk of the circuit court shall be transferred to an account |
291 | designated by the authority. Such transfers shall be made within |
292 | 30 days after collection. |
293 | (3) The following transfers of real property shall be |
294 | exempt from the assessment provided in subsection (1): |
295 | (a) Transfers of bona fide, commercial agricultural land |
296 | that include a deed restriction or covenant requiring the land |
297 | to remain in agricultural use for a minimum of 10 years. |
298 | (b) Residential transfers of housing financed by the |
299 | Florida Housing Finance Corporation. |
300 | (c) Existing research and education facilities. |
301 | (d) Commercial facilities and research or educational |
302 | projects financed in whole or in part by the authority. |
303 | Section 8. Exemption from taxation.--Because the exercise |
304 | of the powers conferred by this act constitutes action by a |
305 | political subdivision performing essential public functions, and |
306 | because the property of the authority constitutes public |
307 | property used for public purposes, all assets and properties of |
308 | the authority, including property acquired through the |
309 | foreclosure of any lien, are exempt from all taxes imposed by |
310 | the state or any political subdivision, agency, or |
311 | instrumentality of the state. |
312 | Section 9. Minimum charter requirements.--In accordance |
313 | with section 189.404(3), Florida Statutes, the following |
314 | subsections shall comprise the minimum required charter |
315 | provisions for the authority: |
316 | (1) The authority is organized and exists for all purposes |
317 | set forth in this act and chapter 189, Florida Statutes, as they |
318 | may be amended from time to time. |
319 | (2) The powers, functions, and duties of the authority |
320 | regarding bond issuance, revenue-raising capabilities, budget |
321 | preparation and approval, liens, foreclosure of liens, use of |
322 | tax deeds and tax certificates, and contractual agreements shall |
323 | be as set forth in chapters 189 and 201, Florida Statutes, this |
324 | act, or any other applicable general or special law, as they may |
325 | be amended from time to time. |
326 | (3) The authority was created by special act of the |
327 | Legislature. |
328 | (4) The authority's charter may be amended only by special |
329 | act of the Legislature, unless otherwise provided by chapter |
330 | 189, Florida Statutes, as it may be amended from time to time. |
331 | (5) The authority is governed by a seven-member board. The |
332 | membership and organization of the board shall be as set forth |
333 | in this act and chapter 189, Florida Statutes, as they may be |
334 | amended from time to time. |
335 | (6) Board members may be paid a salary in accordance with |
336 | this act and chapter 189, Florida Statutes, as they may be |
337 | amended from time to time. Pursuant to section 112.08, Florida |
338 | Statutes, board members may receive benefits, such as medical |
339 | insurance or accidental death and dismemberment insurance, in |
340 | addition to the maximum salary allowed under general law. |
341 | (7) The administrative duties of the board shall be as set |
342 | forth in this act and chapter 189, Florida Statutes, as they may |
343 | be amended from time to time. |
344 | (8) Requirements for financial disclosure, meeting |
345 | notices, reporting, public records maintenance, and per diem |
346 | expenses for officers and employees shall be as set forth in |
347 | chapters 112, 189, and 286, Florida Statutes, as they may be |
348 | amended from time to time. |
349 | (9) The procedures and requirements governing the issuance |
350 | of bonds, notes, and other evidences of indebtedness by the |
351 | authority shall be as set forth in this act, chapter 189, |
352 | Florida Statutes, and applicable general laws, as they may be |
353 | amended from time to time. |
354 | (10) The procedures for conducting authority elections and |
355 | for qualification of electors shall be pursuant to this act, |
356 | chapter 189, Florida Statutes, and applicable general law, as |
357 | they may be amended from time to time. |
358 | (11) The authority may be financed by any method |
359 | established in this act, chapter 189, Florida Statutes, or any |
360 | applicable general laws, as they may be amended from time to |
361 | time. |
362 | (12) The method for collecting fees, service charges, |
363 | state matching funds, or assessments shall be as set forth in |
364 | this act and chapters 197 and 201, Florida Statutes, as they may |
365 | be amended from time to time. |
366 | (13) The authority's planning requirements shall be as set |
367 | forth in chapter 189, Florida Statutes, as it may be amended |
368 | from time to time. |
369 | (14) The district's geographic boundary limitations shall |
370 | be coterminous with the boundaries of St. Lucie County as |
371 | defined in section 7.59, Florida Statutes, as it may be amended |
372 | from time to time. |
373 | Section 10. Referendum.--On or before November 7, 2006, |
374 | the Supervisor of Elections of St. Lucie County shall conduct a |
375 | referendum on the question of the creation of the St. Lucie |
376 | County Research and Education Authority. The referendum question |
377 | shall be posed as follows: |
378 |
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379 | Shall the St. Lucie County Research and Education Authority be |
380 | authorized and created by special act of the Legislature with |
381 | authority to collect a research and educational facilities |
382 | benefit assessment on real property transfers in St. Lucie |
383 | County to finance research and education facilities? |
384 |
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385 | Yes No |
386 | Section 11. Construction.--The provisions of this act |
387 | shall be liberally construed in order to effectively carry out |
388 | the purposes of this act in the interest of the public health, |
389 | welfare, and safety of the citizens served by the authority. |
390 | Section 12. Severability.--It is declared to be the intent |
391 | of the Legislature that if any section, subsection, sentence, |
392 | clause, phrase, or portion of this act is for any reason held |
393 | invalid or unconstitutional by any court of competent |
394 | jurisdiction, such portion shall be deemed a separate, distinct, |
395 | and independent provision, and such holding shall not affect the |
396 | validity of the remaining portions hereof. |
397 | Section 13. This act shall take effect only upon its |
398 | approval by a majority vote of those qualified electors of St. |
399 | Lucie County voting in a referendum to be called by the |
400 | Supervisor of Elections of St. Lucie County on or before |
401 | November 7, 2006, in accordance with the provisions of law |
402 | relating to elections currently in force, except that this |
403 | section and section 10 of this act shall take effect upon |
404 | becoming a law. |