HB 1361CS

CHAMBER ACTION




1The Local Government Council recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to the Performing Arts Center Authority,
7Broward County; codifying, reenacting, amending, and
8repealing special acts relating to the authority;
9providing that the authority is a public body, corporate
10and politic; providing purposes; providing membership and
11organization; providing definitions; providing for the
12method and manner of the appointment of the authority and
13terms of the authority's membership; providing for
14reimbursement of members' expenses; providing for removal
15of members; providing for the organization, powers,
16functions, financing, privileges, duties, and
17responsibilities of the authority; providing for
18competitive bidding in certain instances; authorizing the
19acquisition of certain property acquired by eminent
20domain; providing for budget approval by the Broward
21County Commission and the Fort Lauderdale City Commission;
22providing for the issuance of revenue bonds by the
23authority to carry out the purposes of this act; providing
24for sources of revenues for paying for the construction of
25facilities, the administrative expenses of the authority,
26and said revenue bonds; authorizing appropriations by the
27county, the city, and other governmental units in Broward
28County for operation and maintenance of said facilities;
29providing for public or private subscriptions; providing
30for the issuance of a license to sell alcoholic beverages
31for on-premise consumption; providing severability;
32providing an effective date.
33
34Be It Enacted by the Legislature of the State of Florida:
35
36     Section 1.  Pursuant to section 189.429, Florida Statutes,
37this act constitutes the codification of all special acts
38relating to the Performing Arts Center Authority. It is the
39intent of the Legislature in enacting this law to provide a
40single comprehensive special act charter for the performing arts
41center authority, including all current legislative authority
42granted to the Performing Arts Center Authority by its several
43legislative enactments and additional authority granted by this
44act. It is the further intent of the Legislature that this act
45preserve all of the authority's powers in addition to any
46authority contained in chapter 189, Florida Statutes, as amended
47from time to time.
48     Section 2.  Chapters 84-396, 85-389, 92-268, and 93-371,
49Laws of Florida, are codified, reenacted, amended, and repealed
50as herein provided.
51     Section 3.  The Performing Arts Center Authority is re-
52created and reenacted to read:
53     Section 1.  Performing Arts Center Authority.--There is
54hereby created and established the Performing Arts Center
55Authority, hereinafter referred to as the "authority," an
56independent special district and a public body, politic and
57corporate, in Broward County, for the purpose of planning,
58promoting, developing, constructing, acquiring, owning,
59reconstructing, extending, enlarging, repairing, remodeling,
60improving, relocating, equipping, maintaining, and operating
61facilities for holding any type of cultural, tourism, or
62promotional event, civic, recreational, or similar event or
63activity. Such purpose is hereby deemed to be a public purpose
64the fulfillment of which is an urgent public necessity.
65     Section 2.  Membership and organization.--
66     (1)  The authority shall consist of 13 members, each
67serving a term of 4 years, except for the initial appointees, of
68whom six shall serve terms of 2 years, and seven shall serve
69terms of 4 years, as hereinafter provided. The members shall,
70insofar as practical, be representatives of civic, cultural,
71recreational, business, and social interests. Five members of
72the authority shall be selected by the Board of County
73Commissioners of Broward County, and of the five members
74selected by the board of county commissioners, at least one
75member of the five selected shall be a minority person as
76defined in section 288.703(3), Florida Statutes. Two members
77shall be selected by the Commission of the City of Fort
78Lauderdale, one member shall be selected by the Downtown
79Development Authority, one member shall be selected by the
80Broward County School Board, and four members shall be selected
81by the Broward Performing Arts Foundation, at least one of whom
82shall be a minority person as defined in section 288.703(3),
83Florida Statutes.
84     (2)  The initial appointments to the authority shall be
85made as soon as practicable after this act takes effect. The
86results of all appointments and removals shall be immediately
87certified to the authority.
88     (3)  All members of the authority at the time of their
89appointment and during the term of their membership shall be
90permanent residents of Broward County. The members shall not
91receive any compensation for their services, except that they
92may be reimbursed for actual, necessary expenses that they incur
93in the performance of their duties under this act. Each member,
94unless removed as provided in this act, shall serve until his or
95her successor is appointed and qualified. A member appointed by
96a governmental unit may be removed by that governmental unit for
97just cause by a majority vote of the governmental unit. A
98vacancy shall be filled for the member's unexpired term as soon
99as practicable after the vacancy occurs by the governmental unit
100that appointed the member. Before entering upon the duties of
101office, each member shall take an oath to faithfully discharge
102the duties of his or her office, shall take any other oath
103required by law, and shall file a signed copy of such oath with
104the Clerk of the Circuit Court of Broward County. A majority of
105the membership of the authority shall constitute a quorum. A
106vacancy on the authority shall not impair the rights of a quorum
107to exercise all the rights and perform all the duties of the
108authority.
109     (4)  The authority shall organize as soon as practicable
110after the effective date of this act. The authority shall by
111majority vote elect a chair and such other officers as the
112authority provides for in its bylaws. The authority may create
113such other offices as it deems necessary to accomplish the
114purpose of this act. The authority may, by two-thirds vote of
115its membership, create an executive committee. The executive
116committee shall have four members who shall be appointed by the
117authority and who shall be chosen from among two members
118selected by the county, one member selected by the foundation,
119and one member selected by the city, for a total executive
120committee membership of four persons. The authority may delegate
121by resolution any power, task, action, or other undertaking
122which the authority may itself perform. An executive committee
123shall automatically dissolve upon the completion of the activity
124delegated, unless earlier dissolved by a majority vote of the
125authority.
126     Section 3.  Definitions.--As used in this act, the term:
127     (1)  "Authority" means the Performing Arts Center Authority
128created by this act.
129     (2)  "Cost" or "costs," as applied to facilities, means the
130cost of acquisition and construction of such facilities,
131including the cost of all land, property, property rights,
132easements, franchises, labor, insurance, materials, furnishings,
133and equipment required to carry out the purposes of this act,
134and includes and reserves therefor prior to and during
135construction and for a reasonable period of time thereafter:
136costs of plans and specifications; estimates of costs and
137revenues; costs of engineering, architectural, and special
138consultant services; costs of legal services, including those
139rendered for the issuance, validation, and sale of revenue
140bonds; all expenses necessary or incident to determining the
141feasibility or practicability of such acquisition and
142construction; administrative expenses; and such other expenses
143as may be necessary or incident to the acquisition and
144construction of the financing herein authorized.
145     (3)  "County" means the County of Broward.
146     (4)  "DDA" means the Downtown Development Authority of the
147City of Fort Lauderdale.
148     (5)  "Facilities" means facilities or sites for holding any
149type of cultural, tourism, or promotional event, or civic,
150recreational, or similar event or activity, and includes
151property, auditoriums, theaters, music halls, buildings,
152structures, utilities, parks, parking areas, roadways, and all
153other facilities and properties reasonably necessary or
154desirable to carry out the purposes of this act.
155     (6)  "Governmental unit" means the County of Broward, or a
156municipality or special district, improvement or otherwise, that
157is within the boundaries of Broward County, or an agency or
158instrumentality of such county, municipality, or special
159district. The term shall apply only to the portions of any
160governmental unit that are within the boundaries of Broward
161County.
162     Section 4.  General powers.--The authority may:
163     (1)  Adopt bylaws for the regulation of its affairs and the
164conduct of its business.
165     (2)  Adopt and use an official seal.
166     (3)  Sue and be sued in the name of the Performing Arts
167Center Authority.
168     (4)  Plan, develop, purchase, lease, or otherwise acquire,
169demolish, construct, reconstruct, improve, extend, enlarge,
170relocate, equip, repair, maintain, operate, and manage
171facilities.
172     (5)  Make a comprehensive land use plan for the overall
173orderly development of facilities, develop detailed
174architectural and engineering plans for specific facilities, and
175obtain necessary feasibility and other reports and studies.
176     (6)  Acquire by lease, grant, purchase, gift, or devise
177from any source, including a governmental unit, any real or
178personal property, or any estate or interest therein, that is
179necessary, desirable, or convenient for the purpose of this act;
180lease or rent all or any part of such property; and exercise its
181powers and authority with respect to that property. A
182governmental unit may sell or lease property to the authority
183for nominal consideration. Without limiting any power or
184authority of the County of Broward or the municipalities in
185Broward County, the county and municipalities in the county,
186within their respective territorial jurisdictions and by the
187methods provided by chapter 73 or chapter 74, Florida Statutes,
188may acquire real property by eminent domain and, as herein
189provided and with the agreement of the authority, transfer that
190property to the authority to be used for the purposes of this
191act. The expenditure of moneys by counties or municipalities for
192such purpose is hereby declared to be a public purpose. Title to
193real property so acquired may be held in fee simple, absolute
194and unqualified in any way or any lesser interest therein.
195Nothing in this act shall be construed to allow acquisition of
196real property by eminent domain for purposes or uses other than
197as herein provided.
198     (7)  Lease, rent, or contract for the operation or
199management of any part of any of the facilities of the
200authority.
201     (8)  Fix and collect rates, rentals, fees, charges, or
202ticket surcharges for the use of any facilities of the
203authority.
204     (9)  Contract for the operation of concessions on or in any
205of the facilities of the authority or, at its discretion,
206operate such concessions as it deems desirable.
207     (10)  Advertise and promote within or without the state any
208of the facilities and activities of the authority.
209     (11)  Employ an executive director, other necessary staff
210employees, and such consulting services, engineers, architects,
211special consultants, superintendents, managers, construction and
212financial experts, attorneys, employees, and agents as the
213authority deems necessary and fix their compensation. Any
214treasurer of the authority, prior to entering upon his or her
215duties as such officer, and any other officer or employee so
216required by the authority shall provide a surety bond in an
217amount to be determined by the authority conditioned upon the
218faithful performance of the duties of his or her office or
219employment. Such bond shall be executed by a surety company
220authorized to do business in the state and shall be approved by
221the authority.
222     (12)  Cooperate with and contract with the government of
223the United States or the state or any agency, instrumentality,
224or political subdivision of either, or with any municipality,
225district, corporation, partnership, association, person, or
226individual in providing for or relating to the authority in
227carrying out the provisions and purposes of this act.
228     Section 5.  Bid procedures.--All contracts for
229constructing, demolishing, improving, extending, enlarging,
230relocating, repairing, or equipping of facilities of the
231authority in the amount of $7,500 or more shall be awarded by
232the authority to the best qualified bidder, as determined by the
233authority, after consideration of all relevant factors including
234the purposes and provisions of this act and the competitiveness
235of all bids received. The authority shall, at least 30 days
236prior to the award of such contract, publish one time in a
237newspaper of general circulation in Broward County a notice
238requesting bids on such contract. The authority may for any
239reason reject all bids and request new bids in the same manner
240as bids were first requested. This section does not apply to the
241purchase, lease, or acquisition of a site.
242     Section 6.  Fiscal powers.--
243     (1)  The expenditure of all moneys collected or received
244for the purposes authorized by this act shall be subject to an
245annual review by the Broward County Commission and the Fort
246Lauderdale City Commission. The authority shall prepare a budget
247for each fiscal year pursuant to the provisions of chapter 129,
248Florida Statutes, and a forecast of estimated income and
249expenditures for the next fiscal year. The budget shall be
250adopted, adopted as amended, or rejected by the Performing Arts
251Center Authority subject to the general provisions of chapter
252129, Florida Statutes, and shall be subject to approval by the
253Broward County Commission and the Fort Lauderdale City
254Commission.
255     (2)  The Broward County Commission and the Fort Lauderdale
256City Commission shall retain, employ, and compensate independent
257certified public accountants to audit the records or books of
258account of the authority at least once yearly and at such other
259times as either such commission deems necessary.
260     Section 7.  Bonding provisions.--
261     (1)  For the purpose of providing funds to finance
262equipping, furnishing, and constructing facilities, the
263Performing Arts Center Authority may issue revenue bonds.
264     (2)  Any bonds authorized by this act may be issued and
265sold at one time or from time to time, and shall bear such date
266or dates, be in such denomination or denominations, be payable
267at such place, bear interest at a rate allowed by general law,
268and mature at such stated time or times not exceeding 40 years
269after their date of issuance, with or without the right of prior
270redemption by the authority, all as may be determined by
271resolution or resolutions of the authority, which resolution or
272resolutions may prescribe the manner and terms of redemption of
273any bonds which the authority makes redeemable. The bonds shall
274be issued in registered form, as to both principal and interest,
275and shall be signed by the proper officials of the authority or
276such other designee authorized by the authority, on its behalf,
277and impressed with the corporate seal of the authority or a
278printed facsimile. The bonds may be sold at public or private
279sale or as determined by the authority at such price and terms
280as are deemed to be in the best interest of the authority.
281     (3)  The revenues pledged against such bonds by the
282authority may include the ticket surcharge, other projected
283revenues of the authority, the local option tourist development
284tax as authorized in section 125.0104, Florida Statutes, or any
285other source of revenue which the Board of County Commissioners
286of Broward County or the Commission of the City of Fort
287Lauderdale deems appropriate. Revenue bonds sold under the
288provisions of this act shall conform with the general provisions
289for revenue bonds as defined under chapter 159, Florida
290Statutes.
291     (4)  The Board of County Commissioners of Broward County or
292the City of Fort Lauderdale City Commission shall not have the
293power to pledge the full faith and credit and ad valorem taxing
294power of Broward County or the City of Fort Lauderdale for the
295payment of the principal or interest on such bonds.
296     (5)  Without limiting any other provisions of this act, the
297revenues available to the authority as set forth in this act, if
298not previously pledged to revenue bonds issued or to be used
299pursuant to this act or otherwise committed, may be used to
300otherwise finance or pay for the construction of facilities or
301the administrative expenses of the authority or otherwise in
302carrying out the purposes and provisions of this act.
303     Section 8.  Other revenues.--The County of Broward, the
304City of Fort Lauderdale, and any other governmental unit may
305appropriate additional funds for use by the authority for
306maintenance of facilities and payment of employees' salaries,
307operating expenses, planning expenses, or other necessary
308expenditures. Such expenditures are declared to be for a valid,
309necessary public purpose.
310     Section 9.  Public or private subscription.--The authority
311may solicit, encourage, promote, and accept any public or
312private subscriptions and donations of moneys, other property,
313and assets for use in furthering the purposes of this act.
314     Section 10.  Special licenses.--In addition to any licenses
315that may be issued under the provisions of the Beverage Law of
316the state, the Division of Alcoholic Beverages and Tobacco of
317the Department of Business and Professional Regulation is hereby
318authorized to issue to qualified applicants consisting of the
319Performing Arts Center Authority or its designee a special
320license or special licenses for use within the confines of the
321Performing Arts Center complex. Any such license issued pursuant
322to this act shall permit the licensee to sell alcoholic
323beverages only for consumption on the premises of the
324facilities.
325     Section 4.  Chapters 84-396, 85-389, 92-268, and 93-371,
326Laws of Florida, are repealed.
327     Section 5.  If any provision of this act or the application
328thereof to any person or circumstance is held invalid, the
329invalidity shall not affect other provisions or applications of
330the act which can be given effect without the invalid provision
331or application, and to this end the provisions of this act are
332declared severable.
333     Section 6.  This act shall take effect upon becoming a law.


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