HB 1053CS

CHAMBER ACTION




1The Economic Development, Trade & Banking Committee recommends
2the following:
3
4     Council/Committee Substitute
5     Remove the entire bill and insert:
6
A bill to be entitled
7An act relating to St. Lucie County; creating the St.
8Lucie County Research and Education Authority, an
9independent special district in St. Lucie County;
10providing definitions; providing for a governing board and
11powers; providing for a research and educational
12facilities benefit assessment; providing for exemption
13from taxation; providing minimum charter requirements;
14providing for a referendum; providing for construction and
15severability; providing an effective date.
16
17Be It Enacted by the Legislature of the State of Florida:
18
19     Section 1.  Legislative findings and intent.--
20     (1)  The purposes of this act are to:
21     (a)  Create an independent research and education authority
22within St. Lucie County to promote and stimulate economic
23development and employment opportunities within St. Lucie County
24and throughout the Treasure Coast.
25     (b)  Provide a dedicated funding source to be utilized by
26the St. Lucie County Research and Education Authority to fund
27education and research initiatives in St. Lucie County,
28including enhancement of existing facilities and programs and
29development of new facilities and programs to provide a sound
30basis for economic development and employment in St. Lucie
31County.
32     (c)  Provide a funding incentive for public-private
33partnerships to develop research and education facilities and
34programs within St. Lucie County and the Treasure Coast.
35     (d)  Determine that the creation and operation of the St.
36Lucie County Research and Education Authority is in the public
37interest.
38     (2)  The Legislature finds that:
39     (a)  The creation of research and educational facilities
40will attract high-technology businesses and related research
41enterprises to St. Lucie County and provide and maintain a job
42base of highly compensated scientists, technicians, and
43administrators to the county.
44     (b)  The creation of new research and educational
45facilities and the attraction and maintenance of a high-
46technology, strong, high-paying job base in the county
47especially benefit the value of real property in the county by
48helping to maintain its value and stimulate growth in value over
49time as the property is sold or resold.
50     (c)  It is appropriate and equitable for the purchaser or
51seller of benefited real property whose value is enhanced by the
52creation of research and educational facilities and maintenance
53of a strong job base in St. Lucie County to pay a research and
54educational facilities benefit assessment at the time of
55property transfer that is proportional to and not in excess of
56the benefit received from the referenced facilities.
57     (3)  The Legislature hereby intends to create an
58independent special district and grant to it the authority
59contained in this act to receive and spend research and
60educational facilities benefit assessments collected pursuant to
61this act specifically for the creation of research and
62educational facilities that will stimulate the growth of high-
63technology businesses and employment in St. Lucie County and
64protect and enhance real property value in the county.
65     Section 2.  Creation.--Pursuant to chapter 189, Florida
66Statutes, the St. Lucie County Research and Education Authority
67is hereby created as a public body and independent special
68district the boundaries of which are coterminous with the
69boundaries of St. Lucie County.
70     Section 3.  Definitions.--As used in this act:
71     (1)  "Board" means the governing board of the St. Lucie
72County Research and Education Authority.
73     (2)  "Authority" means the St. Lucie County Research and
74Education Authority.
75     (3)  "Research and educational facilities benefit
76assessment" means a non-ad valorem assessment as defined in
77section 197.3632, Florida Statutes.
78     Section 4.  Governing board; membership; qualification;
79officers; meetings.--
80     (1)  The board of the authority shall at all times consist
81of seven members, two of whom shall be elected by and from the
82Board of County Commissioners of St. Lucie County, two of whom
83shall be elected by and from the City Commission of the City of
84Fort Pierce, two of whom shall be elected by and from the City
85Council of the City of Port St. Lucie, and one of whom shall be
86appointed by the Governor.
87     (2)  Within 90 days after the effective date of this act,
88the members shall be elected by their respective board,
89commission, or council as set forth in subsection (1) and the
90Governor shall make his or her appointment to the board as set
91forth in subsection (1).
92     (3)  The terms of office of the two members from the Board
93of County Commissioners of St. Lucie County, the two members
94from the City Commission of the City of Fort Pierce, and the two
95members from the City Council of the City of Port St. Lucie, and
96their respective successors, shall be for periods of 2 years.
97The term of office of the seventh member appointed by the
98Governor shall be for a period of 2 years, but said seventh
99member shall continue to serve until his or her successor is
100appointed.
101     (4)  As to the two members from the Board of County
102Commissioners of St. Lucie County, the two members from the City
103Commission of the City of Fort Pierce, and the two members from
104the City Council of the City of Port St. Lucie, their
105continuance in such official capacities as members of the board
106of county commissioners, city commission, and city council shall
107be deemed an essential qualification as to their continuance as
108members of the board of the authority.
109     (5)  Each member of the board shall assume office 10 days
110following the member's election or appointment. Biennially,
111within 60 days after the newly elected and appointed members
112have taken office, the board shall organize by electing from its
113members a chair, a vice chair, a secretary, and a treasurer. The
114positions of secretary and treasurer may be held by one member.
115Funds of the authority may be disbursed only upon the order or
116pursuant to resolution of the board, by warrant or check signed
117by the treasurer or other person authorized by the board.
118However, a petty cash account may be authorized by the board.
119The board may give the treasurer additional powers and duties
120that it deems appropriate.
121     (6)  Members of the board shall serve without pay. However,
122members may be reimbursed for travel and per diem expenses as
123provided in section 112.061, Florida Statutes.
124     (7)  If a vacancy occurs on the board due to the
125resignation, death, or removal of a member or the failure of
126anyone to qualify for a board seat, the board, commission,
127council, or Governor responsible for the original election or
128appointment shall elect or appoint a qualified person to fill
129the seat for the remaining term, if any. The board shall remove
130any member who has three consecutive, unexcused absences from
131regularly scheduled meetings. The board shall adopt policies by
132resolution defining excused and unexcused absences.
133     (8)  Each member shall, upon assuming office, take and
134subscribe to the oath of office prescribed by s. 5(b), Art. II
135of the State Constitution and section 876.05, Florida Statutes.
136Each member, within 30 days after assuming office, must give the
137Governor a good and sufficient surety bond in the sum of $5,000,
138the cost thereof being borne by the authority, conditioned on
139the member's faithful performance of his or her duties of
140office.
141     (9)  The board shall keep a permanent record book entitled
142"Record of Proceedings of St. Lucie County Research and
143Education Authority," in which the minutes of all meetings,
144resolutions, proceedings, certificates, bonds given by
145commissioners, and corporate acts shall be recorded. The record
146book shall be open to inspection in the same manner as state,
147county, and municipal records are open under chapter 119,
148Florida Statutes, and s. 24, Art. I of the State Constitution.
149The record book shall be kept at the office or other regular
150place of business maintained by the board in St. Lucie County.
151     (10)  All meetings of the board shall be open to the public
152consistent with chapter 286, Florida Statutes, section 189.417,
153Florida Statutes, and other applicable general laws.
154     Section 5.  General powers.--The authority shall have, and
155the board may exercise by majority vote, the following powers:
156     (1)  To sue and be sued in the name of the authority, to
157adopt and use a seal and authorize the use of a facsimile
158thereof, and to make and execute contracts and other instruments
159necessary or convenient to the exercise of its powers.
160     (2)  To provide for a pension or retirement plan for its
161employees. In accordance with section 215.425, Florida Statutes,
162the board may provide for an extra compensation program,
163including a lump-sum bonus payment program, to reward
164outstanding employees whose performance exceeds standards if the
165program provides that a bonus payment may not be included in an
166employee's regular base rate of pay and may not be carried
167forward in subsequent years.
168     (3)  To contract for the services of consultants to perform
169planning, engineering, legal, or other professional services.
170     (4)  To borrow money and accept gifts; to apply for and use
171grants or loans of money or other property from the United
172States, the state, a unit of local government, or any person for
173any purposes of the authority and enter into agreements required
174in connection therewith; and to hold, use, sell, and dispose of
175such moneys or property for any authority purpose in accordance
176with the terms of the gift, grant, loan, or agreement relating
177thereto.
178     (5)  To adopt resolutions and procedures prescribing the
179powers, duties, and functions of the officers of the authority;
180the conduct of the business of the authority; the maintenance of
181records; and the form of other documents and records of the
182authority.
183     (6)  To maintain an office at places it designates within
184St. Lucie County and appoint an agent of record.
185     (7)  To acquire, by purchase, lease, gift, dedication,
186devise, or otherwise, real and personal property or any estate
187therein for any purpose authorized by this act and to trade,
188sell, or otherwise dispose of surplus real or personal property.
189The board may purchase equipment by an installment sales
190contract if funds are available to pay the current year's
191installments on the equipment and to pay the amounts due that
192year on all other installments and indebtedness.
193     (8)  To hold, control, and acquire by donation or purchase
194any public easement, dedication to public use, platted
195reservation for public purposes, or reservation for those
196purposes authorized by this act and to use such easement,
197dedication, or reservation for any purpose authorized by this
198act consistent with applicable adopted local government
199comprehensive plans and land development regulations.
200     (9)  To lease as lessor or lessee to or from any person,
201firm, corporation, association, or body, public or private, any
202facility or property of any nature for the use of the authority
203when necessary to carry out the authority's powers and duties
204under this act.
205     (10)  To borrow money and issue bonds, revenue anticipation
206notes, or certificates payable from and secured by a pledge of
207funds, revenues, and assessments, warrants, notes, or other
208evidence of indebtedness, when necessary to carry out the
209authority's powers and duties under this act.
210     (11)  To cooperate or contract with other persons or
211entities, including other governmental agencies, as necessary,
212convenient, incidental, or proper in connection with providing
213effective mutual aid and furthering any power, duty, or purpose
214authorized by this act.
215     (12)  To develop and adopt research and education plans and
216programs for the support and enhancement of existing research
217and education facilities and programs in St. Lucie County.
218     (13)  To implement approved research and education plans
219including financial support to improve existing facilities and
220programs; the purchase, lease, or construction and development
221of new research or education facilities; and initiation of new
222research or education programs including joint ventures with
223public or private partners.
224     (14)  To utilize a research and educational facilities
225benefit assessment as defined in section 3 to implement adopted
226research and education plans or programs and to pay for
227administration of the authority and the purposes of the
228authority.
229     (15)  To select as a depository for its funds any qualified
230public depository as defined in section 280.02, Florida
231Statutes, which meets all the requirements of chapter 280,
232Florida Statutes, and has been designated by the Chief Financial
233Officer as a qualified public depository, upon such terms and
234conditions as to the payment of interest upon the funds
235deposited as the board deems just and reasonable.
236     (16)  To provide adequate insurance on all real and
237personal property, equipment, employees, and other personnel.
238     Section 6.  Bonds; no pledge of full faith and credit.--
239     (1)  Beginning in 2007, and for the life of the bond issue
240authorized by this section, the first $500,000 in assessment
241revenue collected annually shall be pledged and utilized for the
242issuance of revenue bonds. Such bonds may be issued for a period
243of up to 30 years. The bonds authorized by this section shall be
244used exclusively for the purchase of real property to provide an
245incentive for the location or development of research or
246educational facilities in St. Lucie County. Upon satisfaction of
247the bonded indebtedness incurred herein, this section shall be
248repealed unless reenacted by a subsequent legislature.
249     (2)  The authority contained herein does not constitute a
250pledge of the full faith and credit of the authority pursuant to
251s. 12, Art. VII of the State Constitution. Bonds issued
252hereunder shall only be secured by research and educational
253facilities benefit assessment revenues collected by the
254authority pursuant to this act and no other source of revenue.
255     Section 7.  Research and educational facilities benefit
256assessment; exemptions.--
257     (1)  In addition to the tax on deeds and other instruments
258relating to real property required pursuant to section 201.02,
259Florida Statutes, any nonexempt transfer or conveyance of real
260property as defined therein after the effective date of this act
261shall require simultaneous payment to the clerk of the circuit
262court of a research and educational facilities benefit
263assessment in an amount prescribed by the following schedule:
264     (a)  New single-family residential units, multifamily
265residential units, or manufactured (mobile) homes:  $250 per
266dwelling.
267     (b)  Existing single-family residential units, multifamily
268residential units, or manufactured (mobile) homes:  $125 per
269dwelling.
270     (c)  New commercial/industrial structures:  $150 per 1,000
271square feet.
272     (d)  Commercial/industrial resale:  $75 per 1,000 square
273feet.
274     (e)  Vacant residential land:  $150 per dwelling unit
275authorized by city or county zoning and comprehensive plan
276provisions.
277     (f)  Vacant commercial/industrial property:  $75 per each
2781,000 square feet of development authorized by city or county
279zoning and comprehensive plan provisions.
280     (g)  Vacant agricultural property:  $100 plus $10 per acre
281for every acre over 1 acre.
282     (2)  The assessment collected pursuant to this act by the
283clerk of the circuit court shall be transferred to an account
284designated by the authority. Such transfers shall be made within
28530 days after collection.
286     (3)  The following transfers of real property shall be
287exempt from the assessment provided in subsection (1):
288     (a)  Transfers of bona fide, commercial agricultural land
289that include a deed restriction or covenant requiring the land
290to remain in agricultural use for a minimum of 10 years.
291     (b)  Residential transfers of housing financed by the
292Florida Housing Finance Corporation.
293     (c)  Existing research and education facilities.
294     (d)  Commercial facilities and research or educational
295projects financed in whole or in part by the authority.
296     Section 8.  Exemption from taxation.--Because the exercise
297of the powers conferred by this act constitutes action by a
298political subdivision performing essential public functions, and
299because the property of the authority constitutes public
300property used for public purposes, all assets and properties of
301the authority, including property acquired through the
302foreclosure of any lien, are exempt from all taxes imposed by
303the state or any political subdivision, agency, or
304instrumentality of the state.
305     Section 9.  Minimum charter requirements.--In accordance
306with section 189.404(3), Florida Statutes, the following
307subsections shall comprise the minimum required charter
308provisions for the authority:
309     (1)  The authority is organized and exists for all purposes
310set forth in this act and chapter 189, Florida Statutes, as they
311may be amended from time to time.
312     (2)  The powers, functions, and duties of the authority
313regarding bond issuance, revenue-raising capabilities, budget
314preparation and approval, liens, foreclosure of liens, use of
315tax deeds and tax certificates, and contractual agreements shall
316be as set forth in chapters 189 and 201, Florida Statutes, this
317act, or any other applicable general or special law, as they may
318be amended from time to time.
319     (3)  The authority was created by special act of the
320Legislature.
321     (4)  The authority's charter may be amended only by special
322act of the Legislature, unless otherwise provided by chapter
323189, Florida Statutes, as it may be amended from time to time.
324     (5)  The authority is governed by a seven-member board. The
325membership and organization of the board shall be as set forth
326in this act and chapter 189, Florida Statutes, as they may be
327amended from time to time.
328     (6)  Members of the board shall serve without pay. However,
329members may be reimbursed for travel and per diem expenses as
330provided in section 112.061, Florida Statutes.
331     (7)  The administrative duties of the board shall be as set
332forth in this act and chapter 189, Florida Statutes, as they may
333be amended from time to time.
334     (8)  Requirements for financial disclosure, meeting
335notices, reporting, public records maintenance, and per diem
336expenses for officers and employees shall be as set forth in
337chapters 112, 189, and 286, Florida Statutes, as they may be
338amended from time to time.
339     (9)  The procedures and requirements governing the issuance
340of bonds, notes, and other evidences of indebtedness by the
341authority shall be as set forth in this act, chapter 189,
342Florida Statutes, and applicable general laws, as they may be
343amended from time to time.
344     (10)  The authority may be financed by any method
345established in this act, chapter 189, Florida Statutes, or any
346applicable general laws, as they may be amended from time to
347time.
348     (11)  The method for collecting fees, service charges,
349state matching funds, or assessments shall be as set forth in
350this act and chapters 197 and 201, Florida Statutes, as they may
351be amended from time to time.
352     (12)  The authority's planning requirements shall be as set
353forth in chapter 189, Florida Statutes, as it may be amended
354from time to time.
355     (13)  The district's geographic boundary limitations shall
356be coterminous with the boundaries of St. Lucie County as
357defined in section 7.59, Florida Statutes, as it may be amended
358from time to time.
359     Section 10.  Referendum.--On or before November 7, 2006,
360the Supervisor of Elections of St. Lucie County shall conduct a
361referendum on the question of the creation of the St. Lucie
362County Research and Education Authority. The referendum question
363shall be posed as follows:
364
365Shall the St. Lucie County Research and Education Authority be
366authorized and created by special act of the Legislature with
367authority to collect a research and educational facilities
368benefit assessment on real property transfers in St. Lucie
369County to finance research and education facilities?
370
371               Yes                    No
372     Section 11.  Construction.--The provisions of this act
373shall be liberally construed in order to effectively carry out
374the purposes of this act in the interest of the public health,
375welfare, and safety of the citizens served by the authority.
376     Section 12.  Severability.--It is declared to be the intent
377of the Legislature that if any section, subsection, sentence,
378clause, phrase, or portion of this act is for any reason held
379invalid or unconstitutional by any court of competent
380jurisdiction, such portion shall be deemed a separate, distinct,
381and independent provision, and such holding shall not affect the
382validity of the remaining portions hereof.
383     Section 13.  This act shall take effect only upon its
384approval by a majority vote of those qualified electors of St.
385Lucie County voting in a referendum to be called by the
386Supervisor of Elections of St. Lucie County on or before
387November 7, 2006, in accordance with the provisions of law
388relating to elections currently in force, except that this
389section and section 10 of this act shall take effect upon
390becoming a law.


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