| 1 | The Finance & Tax Committee recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to St. Lucie County; creating the St. |
| 7 | Lucie County Research and Education Authority, an |
| 8 | independent special district in St. Lucie County; |
| 9 | providing definitions; providing for a governing board and |
| 10 | powers; providing for a research and educational |
| 11 | facilities benefit assessment; providing minimum charter |
| 12 | requirements; providing for a referendum; providing for |
| 13 | construction and severability; providing an effective |
| 14 | date. |
| 15 |
|
| 16 | Be It Enacted by the Legislature of the State of Florida: |
| 17 |
|
| 18 | Section 1. Legislative findings and intent.-- |
| 19 | (1) The purposes of this act are to: |
| 20 | (a) Create an independent research and education authority |
| 21 | within St. Lucie County to promote and stimulate economic |
| 22 | development and employment opportunities within St. Lucie County |
| 23 | and throughout the Treasure Coast. |
| 24 | (b) Provide a dedicated funding source to be utilized by |
| 25 | the St. Lucie County Research and Education Authority to fund |
| 26 | education and research initiatives in St. Lucie County, |
| 27 | including enhancement of existing facilities and programs and |
| 28 | development of new facilities and programs to provide a sound |
| 29 | basis for economic development and employment in St. Lucie |
| 30 | County. |
| 31 | (c) Provide a funding incentive for public-private |
| 32 | partnerships to develop research and education facilities and |
| 33 | programs within St. Lucie County and the Treasure Coast. |
| 34 | (d) Determine that the creation and operation of the St. |
| 35 | Lucie County Research and Education Authority is in the public |
| 36 | interest. |
| 37 | (2) The Legislature finds that: |
| 38 | (a) The creation of research and educational facilities |
| 39 | will attract high-technology businesses and related research |
| 40 | enterprises to St. Lucie County and provide and maintain a job |
| 41 | base of highly compensated scientists, technicians, and |
| 42 | administrators to the county. |
| 43 | (b) The creation of new research and educational |
| 44 | facilities and the attraction and maintenance of a high- |
| 45 | technology, strong, high-paying job base in the county |
| 46 | especially benefit the value of real property in the county by |
| 47 | helping to maintain its value and stimulate growth in value over |
| 48 | time as the property is sold or resold. |
| 49 | (c) It is appropriate and equitable for the purchaser or |
| 50 | seller of benefited real property whose value is enhanced by the |
| 51 | creation of research and educational facilities and maintenance |
| 52 | of a strong job base in St. Lucie County to pay a research and |
| 53 | educational facilities benefit assessment at the time of |
| 54 | property transfer that is proportional to and not in excess of |
| 55 | the benefit received from the referenced facilities. |
| 56 | (3) The Legislature hereby intends to create an |
| 57 | independent special district and grant to it the authority |
| 58 | contained in this act to receive and spend research and |
| 59 | educational facilities benefit assessments collected pursuant to |
| 60 | this act specifically for the creation of research and |
| 61 | educational facilities that will stimulate the growth of high- |
| 62 | technology businesses and employment in St. Lucie County and |
| 63 | protect and enhance real property value in the county. |
| 64 | Section 2. Creation.--Pursuant to chapter 189, Florida |
| 65 | Statutes, the St. Lucie County Research and Education Authority |
| 66 | is hereby created as a public body and independent special |
| 67 | district the boundaries of which are coterminous with the |
| 68 | boundaries of St. Lucie County. |
| 69 | Section 3. Definitions.--As used in this act: |
| 70 | (1) "Board" means the governing board of the St. Lucie |
| 71 | County Research and Education Authority. |
| 72 | (2) "Authority" means the St. Lucie County Research and |
| 73 | Education Authority. |
| 74 | (3) "Research and educational facilities benefit |
| 75 | assessment" means a non-ad valorem assessment as defined in |
| 76 | section 197.3632, Florida Statutes. |
| 77 | Section 4. Governing board; membership; qualification; |
| 78 | officers; meetings.-- |
| 79 | (1) The board of the authority shall at all times consist |
| 80 | of seven members, two of whom shall be elected by and from the |
| 81 | Board of County Commissioners of St. Lucie County, two of whom |
| 82 | shall be elected by and from the City Commission of the City of |
| 83 | Fort Pierce, two of whom shall be elected by and from the City |
| 84 | Council of the City of Port St. Lucie, and one of whom shall be |
| 85 | appointed by the Governor. |
| 86 | (2) Within 90 days after the effective date of this act, |
| 87 | the members shall be elected by their respective board, |
| 88 | commission, or council as set forth in subsection (1) and the |
| 89 | Governor shall make his or her appointment to the board as set |
| 90 | forth in subsection (1). |
| 91 | (3) The terms of office of the two members from the Board |
| 92 | of County Commissioners of St. Lucie County, the two members |
| 93 | from the City Commission of the City of Fort Pierce, and the two |
| 94 | members from the City Council of the City of Port St. Lucie, and |
| 95 | their respective successors, shall be for periods of 2 years. |
| 96 | The term of office of the seventh member appointed by the |
| 97 | Governor shall be for a period of 2 years, but said seventh |
| 98 | member shall continue to serve until his or her successor is |
| 99 | appointed. |
| 100 | (4) As to the two members from the Board of County |
| 101 | Commissioners of St. Lucie County, the two members from the City |
| 102 | Commission of the City of Fort Pierce, and the two members from |
| 103 | the City Council of the City of Port St. Lucie, their |
| 104 | continuance in such official capacities as members of the board |
| 105 | of county commissioners, city commission, and city council shall |
| 106 | be deemed an essential qualification as to their continuance as |
| 107 | members of the board of the authority. |
| 108 | (5) Each member of the board shall assume office 10 days |
| 109 | following the member's election or appointment. Biennially, |
| 110 | within 60 days after the newly elected and appointed members |
| 111 | have taken office, the board shall organize by electing from its |
| 112 | members a chair, a vice chair, a secretary, and a treasurer. The |
| 113 | positions of secretary and treasurer may be held by one member. |
| 114 | Funds of the authority may be disbursed only upon the order or |
| 115 | pursuant to resolution of the board, by warrant or check signed |
| 116 | by the treasurer or other person authorized by the board. |
| 117 | However, a petty cash account may be authorized by the board. |
| 118 | The board may give the treasurer additional powers and duties |
| 119 | that it deems appropriate. |
| 120 | (6) Members of the board shall serve without pay. However, |
| 121 | members may be reimbursed for travel and per diem expenses as |
| 122 | provided in section 112.061, Florida Statutes. |
| 123 | (7) If a vacancy occurs on the board due to the |
| 124 | resignation, death, or removal of a member or the failure of |
| 125 | anyone to qualify for a board seat, the board, commission, |
| 126 | council, or Governor responsible for the original election or |
| 127 | appointment shall elect or appoint a qualified person to fill |
| 128 | the seat for the remaining term, if any. The board shall remove |
| 129 | any member who has three consecutive, unexcused absences from |
| 130 | regularly scheduled meetings. The board shall adopt policies by |
| 131 | resolution defining excused and unexcused absences. |
| 132 | (8) Each member shall, upon assuming office, take and |
| 133 | subscribe to the oath of office prescribed by s. 5(b), Art. II |
| 134 | of the State Constitution and section 876.05, Florida Statutes. |
| 135 | Each member, within 30 days after assuming office, must give the |
| 136 | Governor a good and sufficient surety bond in the sum of $5,000, |
| 137 | the cost thereof being borne by the authority, conditioned on |
| 138 | the member's faithful performance of his or her duties of |
| 139 | office. |
| 140 | (9) The board shall keep a permanent record book entitled |
| 141 | "Record of Proceedings of St. Lucie County Research and |
| 142 | Education Authority," in which the minutes of all meetings, |
| 143 | resolutions, proceedings, certificates, bonds given by |
| 144 | commissioners, and corporate acts shall be recorded. The record |
| 145 | book shall be open to inspection in the same manner as state, |
| 146 | county, and municipal records are open under chapter 119, |
| 147 | Florida Statutes, and s. 24, Art. I of the State Constitution. |
| 148 | The record book shall be kept at the office or other regular |
| 149 | place of business maintained by the board in St. Lucie County. |
| 150 | (10) All meetings of the board shall be open to the public |
| 151 | consistent with chapter 286, Florida Statutes, section 189.417, |
| 152 | Florida Statutes, and other applicable general laws. |
| 153 | Section 5. General powers.--The authority shall have, and |
| 154 | the board may exercise by majority vote, the following powers: |
| 155 | (1) To sue and be sued in the name of the authority, to |
| 156 | adopt and use a seal and authorize the use of a facsimile |
| 157 | thereof, and to make and execute contracts and other instruments |
| 158 | necessary or convenient to the exercise of its powers. |
| 159 | (2) To provide for a pension or retirement plan for its |
| 160 | employees. In accordance with section 215.425, Florida Statutes, |
| 161 | the board may provide for an extra compensation program, |
| 162 | including a lump-sum bonus payment program, to reward |
| 163 | outstanding employees whose performance exceeds standards if the |
| 164 | program provides that a bonus payment may not be included in an |
| 165 | employee's regular base rate of pay and may not be carried |
| 166 | forward in subsequent years. |
| 167 | (3) To contract for the services of consultants to perform |
| 168 | planning, engineering, legal, or other professional services. |
| 169 | (4) To borrow money and accept gifts; to apply for and use |
| 170 | grants or loans of money or other property from the United |
| 171 | States, the state, a unit of local government, or any person for |
| 172 | any purposes of the authority and enter into agreements required |
| 173 | in connection therewith; and to hold, use, sell, and dispose of |
| 174 | such moneys or property for any authority purpose in accordance |
| 175 | with the terms of the gift, grant, loan, or agreement relating |
| 176 | thereto. |
| 177 | (5) To adopt resolutions and procedures prescribing the |
| 178 | powers, duties, and functions of the officers of the authority; |
| 179 | the conduct of the business of the authority; the maintenance of |
| 180 | records; and the form of other documents and records of the |
| 181 | authority. |
| 182 | (6) To maintain an office at places it designates within |
| 183 | St. Lucie County and appoint an agent of record. |
| 184 | (7) To acquire, by purchase, lease, gift, dedication, |
| 185 | devise, or otherwise, real and personal property or any estate |
| 186 | therein for any purpose authorized by this act and to trade, |
| 187 | sell, or otherwise dispose of surplus real or personal property. |
| 188 | The board may purchase equipment by an installment sales |
| 189 | contract if funds are available to pay the current year's |
| 190 | installments on the equipment and to pay the amounts due that |
| 191 | year on all other installments and indebtedness. |
| 192 | (8) To hold, control, and acquire by donation or purchase |
| 193 | any public easement, dedication to public use, platted |
| 194 | reservation for public purposes, or reservation for those |
| 195 | purposes authorized by this act and to use such easement, |
| 196 | dedication, or reservation for any purpose authorized by this |
| 197 | act consistent with applicable adopted local government |
| 198 | comprehensive plans and land development regulations. |
| 199 | (9) To lease as lessor or lessee to or from any person, |
| 200 | firm, corporation, association, or body, public or private, any |
| 201 | facility or property of any nature for the use of the authority |
| 202 | when necessary to carry out the authority's powers and duties |
| 203 | under this act. |
| 204 | (10) To borrow money and issue bonds, revenue anticipation |
| 205 | notes, or certificates payable from and secured by a pledge of |
| 206 | funds, revenues, and assessments, warrants, notes, or other |
| 207 | evidence of indebtedness, when necessary to carry out the |
| 208 | authority's powers and duties under this act. |
| 209 | (11) To cooperate or contract with other persons or |
| 210 | entities, including other governmental agencies, as necessary, |
| 211 | convenient, incidental, or proper in connection with providing |
| 212 | effective mutual aid and furthering any power, duty, or purpose |
| 213 | authorized by this act. |
| 214 | (12) To develop and adopt research and education plans and |
| 215 | programs for the support and enhancement of existing research |
| 216 | and education facilities and programs in St. Lucie County. |
| 217 | (13) To implement approved research and education plans |
| 218 | including financial support to improve existing facilities and |
| 219 | programs; the purchase, lease, or construction and development |
| 220 | of new research or education facilities; and initiation of new |
| 221 | research or education programs including joint ventures with |
| 222 | public or private partners. |
| 223 | (14) To utilize a research and educational facilities |
| 224 | benefit assessment as defined in section 3 to implement adopted |
| 225 | research and education plans or programs and to pay for |
| 226 | administration of the authority and the purposes of the |
| 227 | authority. |
| 228 | (15) To select as a depository for its funds any qualified |
| 229 | public depository as defined in section 280.02, Florida |
| 230 | Statutes, which meets all the requirements of chapter 280, |
| 231 | Florida Statutes, and has been designated by the Chief Financial |
| 232 | Officer as a qualified public depository, upon such terms and |
| 233 | conditions as to the payment of interest upon the funds |
| 234 | deposited as the board deems just and reasonable. |
| 235 | (16) To provide adequate insurance on all real and |
| 236 | personal property, equipment, employees, and other personnel. |
| 237 | Section 6. Bonds; no pledge of full faith and credit.-- |
| 238 | (1) Beginning in 2007, and for the life of the bond issue |
| 239 | authorized by this section, the first $500,000 in assessment |
| 240 | revenue collected annually shall be pledged and utilized for the |
| 241 | issuance of revenue bonds. Such bonds may be issued for a period |
| 242 | of up to 30 years. The bonds authorized by this section shall be |
| 243 | used exclusively for the purchase of real property to provide an |
| 244 | incentive for the location or development of research or |
| 245 | educational facilities in St. Lucie County. Upon satisfaction of |
| 246 | the bonded indebtedness incurred herein, this section shall be |
| 247 | repealed unless reenacted by a subsequent legislature. |
| 248 | (2) The authority contained herein does not constitute a |
| 249 | pledge of the full faith and credit of the authority pursuant to |
| 250 | s. 12, Art. VII of the State Constitution. Bonds issued |
| 251 | hereunder shall only be secured by research and educational |
| 252 | facilities benefit assessment revenues collected by the |
| 253 | authority pursuant to this act and no other source of revenue. |
| 254 | Section 7. Research and educational facilities benefit |
| 255 | assessment; exemptions.-- |
| 256 | (1) In addition to the tax on deeds and other instruments |
| 257 | relating to real property required pursuant to section 201.02, |
| 258 | Florida Statutes, whether or not the instrument is recorded in |
| 259 | the public records, any nonexempt transfer or conveyance of real |
| 260 | property as defined therein after the effective date of this act |
| 261 | shall require simultaneous payment to the clerk of the circuit |
| 262 | court of a research and educational facilities benefit |
| 263 | assessment in an amount prescribed by the following schedule: |
| 264 | (a) New single-family residential units, multifamily |
| 265 | residential units, or manufactured (mobile) homes: $250 per |
| 266 | dwelling. |
| 267 | (b) Existing single-family residential units, multifamily |
| 268 | residential units, or manufactured (mobile) homes: $125 per |
| 269 | dwelling. |
| 270 | (c) New commercial/industrial structures: $150 per 1,000 |
| 271 | square feet. |
| 272 | (d) Commercial/industrial resale: $75 per 1,000 square |
| 273 | feet. |
| 274 | (e) Vacant residential land: $150 per dwelling unit |
| 275 | authorized by city or county zoning and comprehensive plan |
| 276 | provisions. |
| 277 | (f) Vacant commercial/industrial property: $75 per each |
| 278 | 1,000 square feet of development authorized by city or county |
| 279 | zoning and comprehensive plan provisions. |
| 280 | (g) Vacant agricultural property: $100 plus $10 per acre |
| 281 | for every acre over 1 acre. |
| 282 | (2) The assessment collected pursuant to this act by the |
| 283 | clerk of the circuit court shall be transferred to an account |
| 284 | designated by the authority. Such transfers shall be made within |
| 285 | 30 days after collection. |
| 286 | (3) The following transfers of real property shall be |
| 287 | exempt from the assessment provided in subsection (1): |
| 288 | (a) Transfers of bona fide, commercial agricultural land |
| 289 | that include a deed restriction or covenant requiring the land |
| 290 | to remain in agricultural use for a minimum of 10 years. |
| 291 | (b) Residential transfers of housing financed by the |
| 292 | Florida Housing Finance Corporation. |
| 293 | (c) Existing research and education facilities. |
| 294 | (d) Commercial facilities and research or educational |
| 295 | projects financed in whole or in part by the authority. |
| 296 | Section 8. Minimum charter requirements.--In accordance |
| 297 | with section 189.404(3), Florida Statutes, the following |
| 298 | subsections shall comprise the minimum required charter |
| 299 | provisions for the authority: |
| 300 | (1) The authority is organized and exists for all purposes |
| 301 | set forth in this act and chapter 189, Florida Statutes, as they |
| 302 | may be amended from time to time. |
| 303 | (2) The powers, functions, and duties of the authority |
| 304 | regarding bond issuance, revenue-raising capabilities, budget |
| 305 | preparation and approval, liens, foreclosure of liens, use of |
| 306 | tax deeds and tax certificates, and contractual agreements shall |
| 307 | be as set forth in chapters 189 and 201, Florida Statutes, this |
| 308 | act, or any other applicable general or special law, as they may |
| 309 | be amended from time to time. |
| 310 | (3) The authority was created by special act of the |
| 311 | Legislature. |
| 312 | (4) The authority's charter may be amended only by special |
| 313 | act of the Legislature, unless otherwise provided by chapter |
| 314 | 189, Florida Statutes, as it may be amended from time to time. |
| 315 | (5) The authority is governed by a seven-member board. The |
| 316 | membership and organization of the board shall be as set forth |
| 317 | in this act and chapter 189, Florida Statutes, as they may be |
| 318 | amended from time to time. |
| 319 | (6) Members of the board shall serve without pay. However, |
| 320 | members may be reimbursed for travel and per diem expenses as |
| 321 | provided in section 112.061, Florida Statutes. |
| 322 | (7) The administrative duties of the board shall be as set |
| 323 | forth in this act and chapter 189, Florida Statutes, as they may |
| 324 | be amended from time to time. |
| 325 | (8) Requirements for financial disclosure, meeting |
| 326 | notices, reporting, public records maintenance, and per diem |
| 327 | expenses for officers and employees shall be as set forth in |
| 328 | chapters 112, 189, and 286, Florida Statutes, as they may be |
| 329 | amended from time to time. |
| 330 | (9) The procedures and requirements governing the issuance |
| 331 | of bonds, notes, and other evidences of indebtedness by the |
| 332 | authority shall be as set forth in this act, chapter 189, |
| 333 | Florida Statutes, and applicable general laws, as they may be |
| 334 | amended from time to time. |
| 335 | (10) The authority may be financed by any method |
| 336 | established in this act, chapter 189, Florida Statutes, or any |
| 337 | applicable general laws, as they may be amended from time to |
| 338 | time. |
| 339 | (11) The method for collecting assessments shall be as set |
| 340 | forth in this act and chapter 197, Florida Statutes, as they may |
| 341 | be amended from time to time. |
| 342 | (12) The authority's planning requirements shall be as set |
| 343 | forth in chapter 189, Florida Statutes, as it may be amended |
| 344 | from time to time. |
| 345 | (13) The district's geographic boundary limitations shall |
| 346 | be coterminous with the boundaries of St. Lucie County as |
| 347 | defined in section 7.59, Florida Statutes, as it may be amended |
| 348 | from time to time. |
| 349 | Section 9. Referendum.--On or before November 7, 2006, the |
| 350 | Supervisor of Elections of St. Lucie County shall conduct a |
| 351 | referendum on the question of the creation of the St. Lucie |
| 352 | County Research and Education Authority. The referendum question |
| 353 | shall be posed as follows: |
| 354 |
|
| 355 | Shall the St. Lucie County Research and Education Authority be |
| 356 | authorized and created by special act of the Legislature with |
| 357 | authority to collect a research and educational facilities |
| 358 | benefit assessment on real property transfers in St. Lucie |
| 359 | County to finance research and education facilities? |
| 360 |
|
| 361 | Yes No |
| 362 | Section 10. Construction.--The provisions of this act |
| 363 | shall be liberally construed in order to effectively carry out |
| 364 | the purposes of this act in the interest of the public health, |
| 365 | welfare, and safety of the citizens served by the authority. |
| 366 | Section 11. Severability.--It is declared to be the intent |
| 367 | of the Legislature that if any section, subsection, sentence, |
| 368 | clause, phrase, or portion of this act is for any reason held |
| 369 | invalid or unconstitutional by any court of competent |
| 370 | jurisdiction, such portion shall be deemed a separate, distinct, |
| 371 | and independent provision, and such holding shall not affect the |
| 372 | validity of the remaining portions hereof. |
| 373 | Section 12. This act shall take effect only upon its |
| 374 | approval by a majority vote of those qualified electors of St. |
| 375 | Lucie County voting in a referendum to be called by the |
| 376 | Supervisor of Elections of St. Lucie County on or before |
| 377 | November 7, 2006, in accordance with the provisions of law |
| 378 | relating to elections currently in force, except that this |
| 379 | section and section 10 of this act shall take effect upon |
| 380 | becoming a law. |