| 1 | The Local Government Council 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 the Performing Arts Center Authority, |
| 7 | Broward County; codifying, reenacting, amending, and |
| 8 | repealing special acts relating to the authority; |
| 9 | providing that the authority is a public body, corporate |
| 10 | and politic; providing purposes; providing membership and |
| 11 | organization; providing definitions; providing for the |
| 12 | method and manner of the appointment of the authority and |
| 13 | terms of the authority's membership; providing for |
| 14 | reimbursement of members' expenses; providing for removal |
| 15 | of members; providing for the organization, powers, |
| 16 | functions, financing, privileges, duties, and |
| 17 | responsibilities of the authority; providing for |
| 18 | competitive bidding in certain instances; authorizing the |
| 19 | acquisition of certain property acquired by eminent |
| 20 | domain; providing for budget approval by the Broward |
| 21 | County Commission and the Fort Lauderdale City Commission; |
| 22 | providing for the issuance of revenue bonds by the |
| 23 | authority to carry out the purposes of this act; providing |
| 24 | for sources of revenues for paying for the construction of |
| 25 | facilities, the administrative expenses of the authority, |
| 26 | and said revenue bonds; authorizing appropriations by the |
| 27 | county, the city, and other governmental units in Broward |
| 28 | County for operation and maintenance of said facilities; |
| 29 | providing for public or private subscriptions; providing |
| 30 | for the issuance of a license to sell alcoholic beverages |
| 31 | for on-premise consumption; providing severability; |
| 32 | providing an effective date. |
| 33 |
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| 34 | Be It Enacted by the Legislature of the State of Florida: |
| 35 |
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| 36 | Section 1. Pursuant to section 189.429, Florida Statutes, |
| 37 | this act constitutes the codification of all special acts |
| 38 | relating to the Performing Arts Center Authority. It is the |
| 39 | intent of the Legislature in enacting this law to provide a |
| 40 | single comprehensive special act charter for the performing arts |
| 41 | center authority, including all current legislative authority |
| 42 | granted to the Performing Arts Center Authority by its several |
| 43 | legislative enactments and additional authority granted by this |
| 44 | act. It is the further intent of the Legislature that this act |
| 45 | preserve all of the authority's powers in addition to any |
| 46 | authority contained in chapter 189, Florida Statutes, as amended |
| 47 | from time to time. |
| 48 | Section 2. Chapters 84-396, 85-389, 92-268, and 93-371, |
| 49 | Laws of Florida, are codified, reenacted, amended, and repealed |
| 50 | as herein provided. |
| 51 | Section 3. The Performing Arts Center Authority is re- |
| 52 | created and reenacted to read: |
| 53 | Section 1. Performing Arts Center Authority.--There is |
| 54 | hereby created and established the Performing Arts Center |
| 55 | Authority, hereinafter referred to as the "authority," an |
| 56 | independent special district and a public body, politic and |
| 57 | corporate, in Broward County, for the purpose of planning, |
| 58 | promoting, developing, constructing, acquiring, owning, |
| 59 | reconstructing, extending, enlarging, repairing, remodeling, |
| 60 | improving, relocating, equipping, maintaining, and operating |
| 61 | facilities for holding any type of cultural, tourism, or |
| 62 | promotional event, civic, recreational, or similar event or |
| 63 | activity. Such purpose is hereby deemed to be a public purpose |
| 64 | the fulfillment of which is an urgent public necessity. |
| 65 | Section 2. Membership and organization.-- |
| 66 | (1) The authority shall consist of 13 members, each |
| 67 | serving a term of 4 years, except for the initial appointees, of |
| 68 | whom six shall serve terms of 2 years, and seven shall serve |
| 69 | terms of 4 years, as hereinafter provided. The members shall, |
| 70 | insofar as practical, be representatives of civic, cultural, |
| 71 | recreational, business, and social interests. Five members of |
| 72 | the authority shall be selected by the Board of County |
| 73 | Commissioners of Broward County, and of the five members |
| 74 | selected by the board of county commissioners, at least one |
| 75 | member of the five selected shall be a minority person as |
| 76 | defined in section 288.703(3), Florida Statutes. Two members |
| 77 | shall be selected by the Commission of the City of Fort |
| 78 | Lauderdale, one member shall be selected by the Downtown |
| 79 | Development Authority, one member shall be selected by the |
| 80 | Broward County School Board, and four members shall be selected |
| 81 | by the Broward Performing Arts Foundation, at least one of whom |
| 82 | shall be a minority person as defined in section 288.703(3), |
| 83 | Florida Statutes. |
| 84 | (2) The initial appointments to the authority shall be |
| 85 | made as soon as practicable after this act takes effect. The |
| 86 | results of all appointments and removals shall be immediately |
| 87 | certified to the authority. |
| 88 | (3) All members of the authority at the time of their |
| 89 | appointment and during the term of their membership shall be |
| 90 | permanent residents of Broward County. The members shall not |
| 91 | receive any compensation for their services, except that they |
| 92 | may be reimbursed for actual, necessary expenses that they incur |
| 93 | in the performance of their duties under this act. Each member, |
| 94 | unless removed as provided in this act, shall serve until his or |
| 95 | her successor is appointed and qualified. A member appointed by |
| 96 | a governmental unit may be removed by that governmental unit for |
| 97 | just cause by a majority vote of the governmental unit. A |
| 98 | vacancy shall be filled for the member's unexpired term as soon |
| 99 | as practicable after the vacancy occurs by the governmental unit |
| 100 | that appointed the member. Before entering upon the duties of |
| 101 | office, each member shall take an oath to faithfully discharge |
| 102 | the duties of his or her office, shall take any other oath |
| 103 | required by law, and shall file a signed copy of such oath with |
| 104 | the Clerk of the Circuit Court of Broward County. A majority of |
| 105 | the membership of the authority shall constitute a quorum. A |
| 106 | vacancy on the authority shall not impair the rights of a quorum |
| 107 | to exercise all the rights and perform all the duties of the |
| 108 | authority. |
| 109 | (4) The authority shall organize as soon as practicable |
| 110 | after the effective date of this act. The authority shall by |
| 111 | majority vote elect a chair and such other officers as the |
| 112 | authority provides for in its bylaws. The authority may create |
| 113 | such other offices as it deems necessary to accomplish the |
| 114 | purpose of this act. The authority may, by two-thirds vote of |
| 115 | its membership, create an executive committee. The executive |
| 116 | committee shall have four members who shall be appointed by the |
| 117 | authority and who shall be chosen from among two members |
| 118 | selected by the county, one member selected by the foundation, |
| 119 | and one member selected by the city, for a total executive |
| 120 | committee membership of four persons. The authority may delegate |
| 121 | by resolution any power, task, action, or other undertaking |
| 122 | which the authority may itself perform. An executive committee |
| 123 | shall automatically dissolve upon the completion of the activity |
| 124 | delegated, unless earlier dissolved by a majority vote of the |
| 125 | authority. |
| 126 | Section 3. Definitions.--As used in this act, the term: |
| 127 | (1) "Authority" means the Performing Arts Center Authority |
| 128 | created by this act. |
| 129 | (2) "Cost" or "costs," as applied to facilities, means the |
| 130 | cost of acquisition and construction of such facilities, |
| 131 | including the cost of all land, property, property rights, |
| 132 | easements, franchises, labor, insurance, materials, furnishings, |
| 133 | and equipment required to carry out the purposes of this act, |
| 134 | and includes and reserves therefor prior to and during |
| 135 | construction and for a reasonable period of time thereafter: |
| 136 | costs of plans and specifications; estimates of costs and |
| 137 | revenues; costs of engineering, architectural, and special |
| 138 | consultant services; costs of legal services, including those |
| 139 | rendered for the issuance, validation, and sale of revenue |
| 140 | bonds; all expenses necessary or incident to determining the |
| 141 | feasibility or practicability of such acquisition and |
| 142 | construction; administrative expenses; and such other expenses |
| 143 | as may be necessary or incident to the acquisition and |
| 144 | construction of the financing herein authorized. |
| 145 | (3) "County" means the County of Broward. |
| 146 | (4) "DDA" means the Downtown Development Authority of the |
| 147 | City of Fort Lauderdale. |
| 148 | (5) "Facilities" means facilities or sites for holding any |
| 149 | type of cultural, tourism, or promotional event, or civic, |
| 150 | recreational, or similar event or activity, and includes |
| 151 | property, auditoriums, theaters, music halls, buildings, |
| 152 | structures, utilities, parks, parking areas, roadways, and all |
| 153 | other facilities and properties reasonably necessary or |
| 154 | desirable to carry out the purposes of this act. |
| 155 | (6) "Governmental unit" means the County of Broward, or a |
| 156 | municipality or special district, improvement or otherwise, that |
| 157 | is within the boundaries of Broward County, or an agency or |
| 158 | instrumentality of such county, municipality, or special |
| 159 | district. The term shall apply only to the portions of any |
| 160 | governmental unit that are within the boundaries of Broward |
| 161 | County. |
| 162 | Section 4. General powers.--The authority may: |
| 163 | (1) Adopt bylaws for the regulation of its affairs and the |
| 164 | conduct of its business. |
| 165 | (2) Adopt and use an official seal. |
| 166 | (3) Sue and be sued in the name of the Performing Arts |
| 167 | Center Authority. |
| 168 | (4) Plan, develop, purchase, lease, or otherwise acquire, |
| 169 | demolish, construct, reconstruct, improve, extend, enlarge, |
| 170 | relocate, equip, repair, maintain, operate, and manage |
| 171 | facilities. |
| 172 | (5) Make a comprehensive land use plan for the overall |
| 173 | orderly development of facilities, develop detailed |
| 174 | architectural and engineering plans for specific facilities, and |
| 175 | obtain necessary feasibility and other reports and studies. |
| 176 | (6) Acquire by lease, grant, purchase, gift, or devise |
| 177 | from any source, including a governmental unit, any real or |
| 178 | personal property, or any estate or interest therein, that is |
| 179 | necessary, desirable, or convenient for the purpose of this act; |
| 180 | lease or rent all or any part of such property; and exercise its |
| 181 | powers and authority with respect to that property. A |
| 182 | governmental unit may sell or lease property to the authority |
| 183 | for nominal consideration. Without limiting any power or |
| 184 | authority of the County of Broward or the municipalities in |
| 185 | Broward County, the county and municipalities in the county, |
| 186 | within their respective territorial jurisdictions and by the |
| 187 | methods provided by chapter 73 or chapter 74, Florida Statutes, |
| 188 | may acquire real property by eminent domain and, as herein |
| 189 | provided and with the agreement of the authority, transfer that |
| 190 | property to the authority to be used for the purposes of this |
| 191 | act. The expenditure of moneys by counties or municipalities for |
| 192 | such purpose is hereby declared to be a public purpose. Title to |
| 193 | real property so acquired may be held in fee simple, absolute |
| 194 | and unqualified in any way or any lesser interest therein. |
| 195 | Nothing in this act shall be construed to allow acquisition of |
| 196 | real property by eminent domain for purposes or uses other than |
| 197 | as herein provided. |
| 198 | (7) Lease, rent, or contract for the operation or |
| 199 | management of any part of any of the facilities of the |
| 200 | authority. |
| 201 | (8) Fix and collect rates, rentals, fees, charges, or |
| 202 | ticket surcharges for the use of any facilities of the |
| 203 | authority. |
| 204 | (9) Contract for the operation of concessions on or in any |
| 205 | of the facilities of the authority or, at its discretion, |
| 206 | operate such concessions as it deems desirable. |
| 207 | (10) Advertise and promote within or without the state any |
| 208 | of the facilities and activities of the authority. |
| 209 | (11) Employ an executive director, other necessary staff |
| 210 | employees, and such consulting services, engineers, architects, |
| 211 | special consultants, superintendents, managers, construction and |
| 212 | financial experts, attorneys, employees, and agents as the |
| 213 | authority deems necessary and fix their compensation. Any |
| 214 | treasurer of the authority, prior to entering upon his or her |
| 215 | duties as such officer, and any other officer or employee so |
| 216 | required by the authority shall provide a surety bond in an |
| 217 | amount to be determined by the authority conditioned upon the |
| 218 | faithful performance of the duties of his or her office or |
| 219 | employment. Such bond shall be executed by a surety company |
| 220 | authorized to do business in the state and shall be approved by |
| 221 | the authority. |
| 222 | (12) Cooperate with and contract with the government of |
| 223 | the United States or the state or any agency, instrumentality, |
| 224 | or political subdivision of either, or with any municipality, |
| 225 | district, corporation, partnership, association, person, or |
| 226 | individual in providing for or relating to the authority in |
| 227 | carrying out the provisions and purposes of this act. |
| 228 | Section 5. Bid procedures.--All contracts for |
| 229 | constructing, demolishing, improving, extending, enlarging, |
| 230 | relocating, repairing, or equipping of facilities of the |
| 231 | authority in the amount of $7,500 or more shall be awarded by |
| 232 | the authority to the best qualified bidder, as determined by the |
| 233 | authority, after consideration of all relevant factors including |
| 234 | the purposes and provisions of this act and the competitiveness |
| 235 | of all bids received. The authority shall, at least 30 days |
| 236 | prior to the award of such contract, publish one time in a |
| 237 | newspaper of general circulation in Broward County a notice |
| 238 | requesting bids on such contract. The authority may for any |
| 239 | reason reject all bids and request new bids in the same manner |
| 240 | as bids were first requested. This section does not apply to the |
| 241 | purchase, lease, or acquisition of a site. |
| 242 | Section 6. Fiscal powers.-- |
| 243 | (1) The expenditure of all moneys collected or received |
| 244 | for the purposes authorized by this act shall be subject to an |
| 245 | annual review by the Broward County Commission and the Fort |
| 246 | Lauderdale City Commission. The authority shall prepare a budget |
| 247 | for each fiscal year pursuant to the provisions of chapter 129, |
| 248 | Florida Statutes, and a forecast of estimated income and |
| 249 | expenditures for the next fiscal year. The budget shall be |
| 250 | adopted, adopted as amended, or rejected by the Performing Arts |
| 251 | Center Authority subject to the general provisions of chapter |
| 252 | 129, Florida Statutes, and shall be subject to approval by the |
| 253 | Broward County Commission and the Fort Lauderdale City |
| 254 | Commission. |
| 255 | (2) The Broward County Commission and the Fort Lauderdale |
| 256 | City Commission shall retain, employ, and compensate independent |
| 257 | certified public accountants to audit the records or books of |
| 258 | account of the authority at least once yearly and at such other |
| 259 | times as either such commission deems necessary. |
| 260 | Section 7. Bonding provisions.-- |
| 261 | (1) For the purpose of providing funds to finance |
| 262 | equipping, furnishing, and constructing facilities, the |
| 263 | Performing Arts Center Authority may issue revenue bonds. |
| 264 | (2) Any bonds authorized by this act may be issued and |
| 265 | sold at one time or from time to time, and shall bear such date |
| 266 | or dates, be in such denomination or denominations, be payable |
| 267 | at such place, bear interest at a rate allowed by general law, |
| 268 | and mature at such stated time or times not exceeding 40 years |
| 269 | after their date of issuance, with or without the right of prior |
| 270 | redemption by the authority, all as may be determined by |
| 271 | resolution or resolutions of the authority, which resolution or |
| 272 | resolutions may prescribe the manner and terms of redemption of |
| 273 | any bonds which the authority makes redeemable. The bonds shall |
| 274 | be issued in registered form, as to both principal and interest, |
| 275 | and shall be signed by the proper officials of the authority or |
| 276 | such other designee authorized by the authority, on its behalf, |
| 277 | and impressed with the corporate seal of the authority or a |
| 278 | printed facsimile. The bonds may be sold at public or private |
| 279 | sale or as determined by the authority at such price and terms |
| 280 | as are deemed to be in the best interest of the authority. |
| 281 | (3) The revenues pledged against such bonds by the |
| 282 | authority may include the ticket surcharge, other projected |
| 283 | revenues of the authority, the local option tourist development |
| 284 | tax as authorized in section 125.0104, Florida Statutes, or any |
| 285 | other source of revenue which the Board of County Commissioners |
| 286 | of Broward County or the Commission of the City of Fort |
| 287 | Lauderdale deems appropriate. Revenue bonds sold under the |
| 288 | provisions of this act shall conform with the general provisions |
| 289 | for revenue bonds as defined under chapter 159, Florida |
| 290 | Statutes. |
| 291 | (4) The Board of County Commissioners of Broward County or |
| 292 | the City of Fort Lauderdale City Commission shall not have the |
| 293 | power to pledge the full faith and credit and ad valorem taxing |
| 294 | power of Broward County or the City of Fort Lauderdale for the |
| 295 | payment of the principal or interest on such bonds. |
| 296 | (5) Without limiting any other provisions of this act, the |
| 297 | revenues available to the authority as set forth in this act, if |
| 298 | not previously pledged to revenue bonds issued or to be used |
| 299 | pursuant to this act or otherwise committed, may be used to |
| 300 | otherwise finance or pay for the construction of facilities or |
| 301 | the administrative expenses of the authority or otherwise in |
| 302 | carrying out the purposes and provisions of this act. |
| 303 | Section 8. Other revenues.--The County of Broward, the |
| 304 | City of Fort Lauderdale, and any other governmental unit may |
| 305 | appropriate additional funds for use by the authority for |
| 306 | maintenance of facilities and payment of employees' salaries, |
| 307 | operating expenses, planning expenses, or other necessary |
| 308 | expenditures. Such expenditures are declared to be for a valid, |
| 309 | necessary public purpose. |
| 310 | Section 9. Public or private subscription.--The authority |
| 311 | may solicit, encourage, promote, and accept any public or |
| 312 | private subscriptions and donations of moneys, other property, |
| 313 | and assets for use in furthering the purposes of this act. |
| 314 | Section 10. Special licenses.--In addition to any licenses |
| 315 | that may be issued under the provisions of the Beverage Law of |
| 316 | the state, the Division of Alcoholic Beverages and Tobacco of |
| 317 | the Department of Business and Professional Regulation is hereby |
| 318 | authorized to issue to qualified applicants consisting of the |
| 319 | Performing Arts Center Authority or its designee a special |
| 320 | license or special licenses for use within the confines of the |
| 321 | Performing Arts Center complex. Any such license issued pursuant |
| 322 | to this act shall permit the licensee to sell alcoholic |
| 323 | beverages only for consumption on the premises of the |
| 324 | facilities. |
| 325 | Section 4. Chapters 84-396, 85-389, 92-268, and 93-371, |
| 326 | Laws of Florida, are repealed. |
| 327 | Section 5. If any provision of this act or the application |
| 328 | thereof to any person or circumstance is held invalid, the |
| 329 | invalidity shall not affect other provisions or applications of |
| 330 | the act which can be given effect without the invalid provision |
| 331 | or application, and to this end the provisions of this act are |
| 332 | declared severable. |
| 333 | Section 6. This act shall take effect upon becoming a law. |