HB 1361

1
A bill to be entitled
2An act relating to the Performing Arts Center Authority,
3Broward County; codifying, reenacting, amending, and
4repealing special acts relating to the authority;
5providing that the authority is a public body, corporate
6and politic; providing purposes; providing membership and
7organization; providing definitions; providing for the
8method and manner of the appointment of the authority and
9terms of the authority's membership; providing for
10reimbursement of members' expenses; providing for removal
11of members; providing for the organization, powers,
12functions, financing, privileges, duties, and
13responsibilities of the authority; providing for
14competitive bidding in certain instances; authorizing the
15acquisition of certain property acquired by eminent
16domain; providing for budget approval by the Broward
17County Commission and the Fort Lauderdale City Commission;
18providing for the issuance of revenue bonds by the
19authority to carry out the purposes of this act; providing
20for sources of revenues for paying for the construction of
21facilities, the administrative expenses of the authority,
22and said revenue bonds; authorizing appropriations by the
23county, the city, and other governmental units in Broward
24County for operation and maintenance of said facilities;
25providing for public or private subscriptions; providing
26for the issuance of a license to sell alcoholic beverages
27for on-premise consumption; providing severability;
28providing an effective date.
29
30Be It Enacted by the Legislature of the State of Florida:
31
32     Section 1.  Pursuant to section 189.429, Florida Statutes,
33this act constitutes the codification of all special acts
34relating to the Performing Arts Center Authority. It is the
35intent of the Legislature in enacting this law to provide a
36single comprehensive special act charter for the performing arts
37center authority, including all current legislative authority
38granted to the Performing Arts Center Authority by its several
39legislative enactments and additional authority granted by this
40act. It is the further intent of the Legislature that this act
41preserve all of the authority's powers in addition to any
42authority contained in chapter 189, Florida Statutes, as amended
43from time to time.
44     Section 2.  Chapters 84-396, 85-389, 92-268, and 93-371,
45Laws of Florida, are codified, reenacted, amended, and repealed
46as herein provided.
47     Section 3.  The Performing Arts Center Authority is re-
48created and reenacted to read:
49     Section 1.  Performing Arts Center Authority.--There is
50hereby created and established the Performing Arts Center
51Authority, hereinafter referred to as the "authority," a public
52body, politic and corporate, in Broward County, for the purpose
53of planning, promoting, developing, constructing, acquiring,
54owning, reconstructing, extending, enlarging, repairing,
55remodeling, improving, relocating, equipping, maintaining, and
56operating facilities for holding any type of cultural, tourism,
57or promotional event, civic, recreational, or similar event or
58activity. Such purpose is hereby deemed to be a public purpose
59the fulfillment of which is an urgent public necessity.
60     Section 2.  Membership and organization.--
61     (1)  The authority shall consist of 13 members, each
62serving a term of 4 years, except for the initial appointees, of
63whom six shall serve terms of 2 years, and seven shall serve
64terms of 4 years, as hereinafter provided. The members shall,
65insofar as practical, be representatives of civic, cultural,
66recreational, business, and social interests. Five members of
67the authority shall be selected by the Board of County
68Commissioners of Broward County, and of the five members
69selected by the board of county commissioners, at least one
70member of the five selected shall be a minority person as
71defined in section 288.703(3), Florida Statutes. Two members
72shall be selected by the Commission of the City of Fort
73Lauderdale, one member shall be selected by the Downtown
74Development Authority, one member shall be selected by the
75Broward County School Board, and four members shall be selected
76by the Broward Performing Arts Foundation, at least one of whom
77shall be a minority person as defined in section 288.703(3),
78Florida Statutes.
79     (2)  The initial appointments to the authority shall be
80made as soon as practicable after this act takes effect. The
81results of all appointments and removals shall be immediately
82certified to the authority.
83     (3)  All members of the authority at the time of their
84appointment and during the term of their membership shall be
85permanent residents of Broward County. The members shall not
86receive any compensation for their services, except that they
87may be reimbursed for actual, necessary expenses that they incur
88in the performance of their duties under this act. Each member,
89unless removed as provided in this act, shall serve until his or
90her successor is appointed and qualified. A member appointed by
91a governmental unit may be removed by that governmental unit for
92just cause by a majority vote of the governmental unit. A
93vacancy shall be filled for the member's unexpired term as soon
94as practicable after the vacancy occurs by the governmental unit
95that appointed the member. Before entering upon the duties of
96office, each member shall take an oath to faithfully discharge
97the duties of his or her office, shall take any other oath
98required by law, and shall file a signed copy of such oath with
99the Clerk of the Circuit Court of Broward County. A majority of
100the membership of the authority shall constitute a quorum. A
101vacancy on the authority shall not impair the rights of a quorum
102to exercise all the rights and perform all the duties of the
103authority.
104     (4)  The authority shall organize as soon as practicable
105after the effective date of this act. The authority shall by
106majority vote elect a chair and such other officers as the
107authority provides for in its bylaws. The authority may create
108such other offices as it deems necessary to accomplish the
109purpose of this act. The authority may, by two-thirds vote of
110its membership, create an executive committee. The executive
111committee shall have four members who shall be appointed by the
112authority and who shall be chosen from among two members
113selected by the county, one member selected by the foundation,
114and one member selected by the city, for a total executive
115committee membership of four persons. The authority may delegate
116by resolution any power, task, action, or other undertaking
117which the authority may itself perform. An executive committee
118shall automatically dissolve upon the completion of the activity
119delegated, unless earlier dissolved by a majority vote of the
120authority.
121     Section 3.  Definitions.--As used in this act, the term:
122     (1)  "Authority" means the Performing Arts Center Authority
123created by this act.
124     (2)  "Cost" or "costs," as applied to facilities, means the
125cost of acquisition and construction of such facilities,
126including the cost of all land, property, property rights,
127easements, franchises, labor, insurance, materials, furnishings,
128and equipment required to carry out the purposes of this act,
129and includes and reserves therefor prior to and during
130construction and for a reasonable period of time thereafter:
131costs of plans and specifications; estimates of costs and
132revenues; costs of engineering, architectural, and special
133consultant services; costs of legal services, including those
134rendered for the issuance, validation, and sale of revenue
135bonds; all expenses necessary or incident to determining the
136feasibility or practicability of such acquisition and
137construction; administrative expenses; and such other expenses
138as may be necessary or incident to the acquisition and
139construction of the financing herein authorized.
140     (3)  "County" means the County of Broward.
141     (4)  "DDA" means the Downtown Development Authority of the
142City of Fort Lauderdale.
143     (5)  "Facilities" means facilities or sites for holding any
144type of cultural, tourism, or promotional event, or civic,
145recreational, or similar event or activity, and includes
146property, auditoriums, theaters, music halls, buildings,
147structures, utilities, parks, parking areas, roadways, and all
148other facilities and properties reasonably necessary or
149desirable to carry out the purposes of this act.
150     (6)  "Governmental unit" means the County of Broward, or a
151municipality or special district, improvement or otherwise, that
152is within the boundaries of Broward County, or an agency or
153instrumentality of such county, municipality, or special
154district. The term shall apply only to the portions of any
155governmental unit that are within the boundaries of Broward
156County.
157     Section 4.  General powers.--The authority may:
158     (1)  Adopt bylaws for the regulation of its affairs and the
159conduct of its business.
160     (2)  Adopt and use an official seal.
161     (3)  Sue and be sued in the name of the Performing Arts
162Center Authority.
163     (4)  Plan, develop, purchase, lease, or otherwise acquire,
164demolish, construct, reconstruct, improve, extend, enlarge,
165relocate, equip, repair, maintain, operate, and manage
166facilities.
167     (5)  Make a comprehensive land use plan for the overall
168orderly development of facilities, develop detailed
169architectural and engineering plans for specific facilities, and
170obtain necessary feasibility and other reports and studies.
171     (6)  Acquire by lease, grant, purchase, gift, or devise
172from any source, including a governmental unit, any real or
173personal property, or any estate or interest therein, that is
174necessary, desirable, or convenient for the purpose of this act;
175lease or rent all or any part of such property; and exercise its
176powers and authority with respect to that property. A
177governmental unit may sell or lease property to the authority
178for nominal consideration. Without limiting any power or
179authority of the County of Broward or the municipalities in
180Broward County, the county and municipalities in the county,
181within their respective territorial jurisdictions and by the
182methods provided by chapter 73 or chapter 74, Florida Statutes,
183may acquire real property by eminent domain and, as herein
184provided and with the agreement of the authority, transfer that
185property to the authority to be used for the purposes of this
186act. The expenditure of moneys by counties or municipalities for
187such purpose is hereby declared to be a public purpose. Title to
188real property so acquired may be held in fee simple, absolute
189and unqualified in any way or any lesser interest therein.
190Nothing in this act shall be construed to allow acquisition of
191real property by eminent domain for purposes or uses other than
192as herein provided.
193     (7)  Lease, rent, or contract for the operation or
194management of any part of any of the facilities of the
195authority.
196     (8)  Fix and collect rates, rentals, fees, charges, or
197ticket surcharges for the use of any facilities of the
198authority.
199     (9)  Contract for the operation of concessions on or in any
200of the facilities of the authority or, at its discretion,
201operate such concessions as it deems desirable.
202     (10)  Advertise and promote within or without the state any
203of the facilities and activities of the authority.
204     (11)  Employ an executive director, other necessary staff
205employees, and such consulting services, engineers, architects,
206special consultants, superintendents, managers, construction and
207financial experts, attorneys, employees, and agents as the
208authority deems necessary and fix their compensation. Any
209treasurer of the authority, prior to entering upon his or her
210duties as such officer, and any other officer or employee so
211required by the authority shall provide a surety bond in an
212amount to be determined by the authority conditioned upon the
213faithful performance of the duties of his or her office or
214employment. Such bond shall be executed by a surety company
215authorized to do business in the state and shall be approved by
216the authority.
217     (12)  Cooperate with and contract with the government of
218the United States or the state or any agency, instrumentality,
219or political subdivision of either, or with any municipality,
220district, corporation, partnership, association, person, or
221individual in providing for or relating to the authority in
222carrying out the provisions and purposes of this act.
223     Section 5.  Bid procedures.--All contracts for
224constructing, demolishing, improving, extending, enlarging,
225relocating, repairing, or equipping of facilities of the
226authority in the amount of $7,500 or more shall be awarded by
227the authority to the best qualified bidder, as determined by the
228authority, after consideration of all relevant factors including
229the purposes and provisions of this act and the competitiveness
230of all bids received. The authority shall, at least 30 days
231prior to the award of such contract, publish one time in a
232newspaper of general circulation in Broward County a notice
233requesting bids on such contract. The authority may for any
234reason reject all bids and request new bids in the same manner
235as bids were first requested. This section does not apply to the
236purchase, lease, or acquisition of a site.
237     Section 6.  Fiscal powers.--
238     (1)  The expenditure of all moneys collected or received
239for the purposes authorized by this act shall be subject to an
240annual review by the Broward County Commission and the Fort
241Lauderdale City Commission. The authority shall prepare a budget
242for each fiscal year pursuant to the provisions of chapter 129,
243Florida Statutes, and a forecast of estimated income and
244expenditures for the next fiscal year. The budget shall be
245adopted, adopted as amended, or rejected by the Performing Arts
246Center Authority subject to the general provisions of chapter
247129, Florida Statutes, and shall be subject to approval by the
248Broward County Commission and the Fort Lauderdale City
249Commission.
250     (2)  The Broward County Commission and the Fort Lauderdale
251City Commission shall retain, employ, and compensate independent
252certified public accountants to audit the records or books of
253account of the authority at least once yearly and at such other
254times as either such commission deems necessary.
255     Section 7.  Bonding provisions.--
256     (1)  For the purpose of providing funds to finance
257equipping, furnishing, and constructing facilities, the
258Performing Arts Center Authority may issue revenue bonds.
259     (2)  Any bonds authorized by this act may be issued and
260sold at one time or from time to time, and shall bear such date
261or dates, be in such denomination or denominations, be payable
262at such place, bear interest at a rate allowed by general law,
263and mature at such stated time or times not exceeding 40 years
264after their date of issuance, with or without the right of prior
265redemption by the authority, all as may be determined by
266resolution or resolutions of the authority, which resolution or
267resolutions may prescribe the manner and terms of redemption of
268any bonds which the authority makes redeemable. The bonds shall
269be issued in registered form, as to both principal and interest,
270and shall be signed by the proper officials of the authority or
271such other designee authorized by the authority, on its behalf,
272and impressed with the corporate seal of the authority or a
273printed facsimile. The bonds may be sold at public or private
274sale or as determined by the authority at such price and terms
275as are deemed to be in the best interest of the authority.
276     (3)  The revenues pledged against such bonds by the
277authority may include the ticket surcharge, other projected
278revenues of the authority, the local option tourist development
279tax as authorized in section 125.0104, Florida Statutes, or any
280other source of revenue which the Board of County Commissioners
281of Broward County or the Commission of the City of Fort
282Lauderdale deems appropriate. Revenue bonds sold under the
283provisions of this act shall conform with the general provisions
284for revenue bonds as defined under chapter 159, Florida
285Statutes.
286     (4)  The Board of County Commissioners of Broward County or
287the City of Fort Lauderdale City Commission shall not have the
288power to pledge the full faith and credit and ad valorem taxing
289power of Broward County or the City of Fort Lauderdale for the
290payment of the principal or interest on such bonds.
291     (5)  Without limiting any other provisions of this act, the
292revenues available to the authority as set forth in this act, if
293not previously pledged to revenue bonds issued or to be used
294pursuant to this act or otherwise committed, may be used to
295otherwise finance or pay for the construction of facilities or
296the administrative expenses of the authority or otherwise in
297carrying out the purposes and provisions of this act.
298     Section 8.  Other revenues.--The County of Broward, the
299City of Fort Lauderdale, and any other governmental unit may
300appropriate additional funds for use by the authority for
301maintenance of facilities and payment of employees' salaries,
302operating expenses, planning expenses, or other necessary
303expenditures. Such expenditures are declared to be for a valid,
304necessary public purpose.
305     Section 9.  Public or private subscription.--The authority
306may solicit, encourage, promote, and accept any public or
307private subscriptions and donations of moneys, other property,
308and assets for use in furthering the purposes of this act.
309     Section 10.  Special licenses.--In addition to any licenses
310that may be issued under the provisions of the Beverage Law of
311the state, the Division of Alcoholic Beverages and Tobacco of
312the Department of Business and Professional Regulation is hereby
313authorized to issue to qualified applicants consisting of the
314Performing Arts Center Authority or its designee a special
315license or special licenses for use within the confines of the
316Performing Arts Center complex. Any such license issued pursuant
317to this act shall permit the licensee to sell alcoholic
318beverages only for consumption on the premises of the
319facilities.
320     Section 4.  Chapters 84-396, 85-389, 92-268, and 93-371,
321Laws of Florida, are repealed.
322     Section 5.  If any provision of this act or the application
323thereof to any person or circumstance is held invalid, the
324invalidity shall not affect other provisions or applications of
325the act which can be given effect without the invalid provision
326or application, and to this end the provisions of this act are
327declared severable.
328     Section 6.  This act shall take effect upon becoming a law.


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