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