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45Laws of Florida, are codified, reenacted, amended, and repealed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," an
52independent special district and a public body, politic and
53corporate, in Broward County, for the purpose of planning,
54promoting, developing, constructing, acquiring, owning,
55reconstructing, extending, enlarging, repairing, remodeling,
56improving, relocating, equipping, maintaining, and operating
57facilities for holding any type of cultural, tourism, or
58promotional event, civic, recreational, or similar event or
59activity. Such purpose is hereby deemed to be a public purpose
60the fulfillment of which is an urgent public necessity.
61     Section 2.  Membership and organization.--
62     (1)  The authority shall consist of 13 members, each
63serving a term of 4 years, except for the initial appointees, of
64whom six shall serve terms of 2 years, and seven shall serve
65terms of 4 years, as hereinafter provided. The members shall,
66insofar as practical, be representatives of civic, cultural,
67recreational, business, and social interests. Five members of
68the authority shall be selected by the Board of County
69Commissioners of Broward County, and of the five members
70selected by the board of county commissioners, at least one
71member of the five selected shall be a minority person as
72defined in section 288.703(3), Florida Statutes. Two members
73shall be selected by the Commission of the City of Fort
74Lauderdale, one member shall be selected by the Downtown
75Development Authority, one member shall be selected by the
76Broward County School Board, and four members shall be selected
77by the Broward Performing Arts Foundation, at least one of whom
78shall be a minority person as defined in section 288.703(3),
79Florida Statutes.
80     (2)  The initial appointments to the authority shall be
81made as soon as practicable after this act takes effect. The
82results of all appointments and removals shall be immediately
83certified to the authority.
84     (3)  All members of the authority at the time of their
85appointment and during the term of their membership shall be
86permanent residents of Broward County. The members shall not
87receive any compensation for their services, except that they
88may be reimbursed for actual, necessary expenses that they incur
89in the performance of their duties under this act. Each member,
90unless removed as provided in this act, shall serve until his or
91her successor is appointed and qualified. A member appointed by
92a governmental unit may be removed by that governmental unit for
93just cause by a majority vote of the governmental unit. A
94vacancy shall be filled for the member's unexpired term as soon
95as practicable after the vacancy occurs by the governmental unit
96that appointed the member. Before entering upon the duties of
97office, each member shall take an oath to faithfully discharge
98the duties of his or her office, shall take any other oath
99required by law, and shall file a signed copy of such oath with
100the Clerk of the Circuit Court of Broward County. A majority of
101the membership of the authority shall constitute a quorum. A
102vacancy on the authority shall not impair the rights of a quorum
103to exercise all the rights and perform all the duties of the
104authority.
105     (4)  The authority shall organize as soon as practicable
106after the effective date of this act. The authority shall by
107majority vote elect a chair and such other officers as the
108authority provides for in its bylaws. The authority may create
109such other offices as it deems necessary to accomplish the
110purpose of this act. The authority may, by two-thirds vote of
111its membership, create an executive committee. The executive
112committee shall have four members who shall be appointed by the
113authority and who shall be chosen from among two members
114selected by the county, one member selected by the foundation,
115and one member selected by the city, for a total executive
116committee membership of four persons. The authority may delegate
117by resolution any power, task, action, or other undertaking
118which the authority may itself perform. An executive committee
119shall automatically dissolve upon the completion of the activity
120delegated, unless earlier dissolved by a majority vote of the
121authority.
122     Section 3.  Definitions.--As used in this act, the term:
123     (1)  "Authority" means the Performing Arts Center Authority
124created by this act.
125     (2)  "Cost" or "costs," as applied to facilities, means the
126cost of acquisition and construction of such facilities,
127including the cost of all land, property, property rights,
128easements, franchises, labor, insurance, materials, furnishings,
129and equipment required to carry out the purposes of this act,
130and includes and reserves therefor prior to and during
131construction and for a reasonable period of time thereafter:
132costs of plans and specifications; estimates of costs and
133revenues; costs of engineering, architectural, and special
134consultant services; costs of legal services, including those
135rendered for the issuance, validation, and sale of revenue
136bonds; all expenses necessary or incident to determining the
137feasibility or practicability of such acquisition and
138construction; administrative expenses; and such other expenses
139as may be necessary or incident to the acquisition and
140construction of the financing herein authorized.
141     (3)  "County" means the County of Broward.
142     (4)  "DDA" means the Downtown Development Authority of the
143City of Fort Lauderdale.
144     (5)  "Facilities" means facilities or sites for holding any
145type of cultural, tourism, or promotional event, or civic,
146recreational, or similar event or activity, and includes
147property, auditoriums, theaters, music halls, buildings,
148structures, utilities, parks, parking areas, roadways, and all
149other facilities and properties reasonably necessary or
150desirable to carry out the purposes of this act.
151     (6)  "Governmental unit" means the County of Broward, or a
152municipality or special district, improvement or otherwise, that
153is within the boundaries of Broward County, or an agency or
154instrumentality of such county, municipality, or special
155district. The term shall apply only to the portions of any
156governmental unit that are within the boundaries of Broward
157County.
158     Section 4.  General powers.--The authority may:
159     (1)  Adopt bylaws for the regulation of its affairs and the
160conduct of its business.
161     (2)  Adopt and use an official seal.
162     (3)  Sue and be sued in the name of the Performing Arts
163Center Authority.
164     (4)  Plan, develop, purchase, lease, or otherwise acquire,
165demolish, construct, reconstruct, improve, extend, enlarge,
166relocate, equip, repair, maintain, operate, and manage
167facilities.
168     (5)  Make a comprehensive land use plan for the overall
169orderly development of facilities, develop detailed
170architectural and engineering plans for specific facilities, and
171obtain necessary feasibility and other reports and studies.
172     (6)  Acquire by lease, grant, purchase, gift, or devise
173from any source, including a governmental unit, any real or
174personal property, or any estate or interest therein, that is
175necessary, desirable, or convenient for the purpose of this act;
176lease or rent all or any part of such property; and exercise its
177powers and authority with respect to that property. A
178governmental unit may sell or lease property to the authority
179for nominal consideration. Without limiting any power or
180authority of the County of Broward or the municipalities in
181Broward County, the county and municipalities in the county,
182within their respective territorial jurisdictions and by the
183methods provided by chapter 73 or chapter 74, Florida Statutes,
184may acquire real property by eminent domain and, as herein
185provided and with the agreement of the authority, transfer that
186property to the authority to be used for the purposes of this
187act. The expenditure of moneys by counties or municipalities for
188such purpose is hereby declared to be a public purpose. Title to
189real property so acquired may be held in fee simple, absolute
190and unqualified in any way or any lesser interest therein.
191Nothing in this act shall be construed to allow acquisition of
192real property by eminent domain for purposes or uses other than
193as herein provided.
194     (7)  Lease, rent, or contract for the operation or
195management of any part of any of the facilities of the
196authority.
197     (8)  Fix and collect rates, rentals, fees, charges, or
198ticket surcharges for the use of any facilities of the
199authority.
200     (9)  Contract for the operation of concessions on or in any
201of the facilities of the authority or, at its discretion,
202operate such concessions as it deems desirable.
203     (10)  Advertise and promote within or without the state any
204of the facilities and activities of the authority.
205     (11)  Employ an executive director, other necessary staff
206employees, and such consulting services, engineers, architects,
207special consultants, superintendents, managers, construction and
208financial experts, attorneys, employees, and agents as the
209authority deems necessary and fix their compensation. Any
210treasurer of the authority, prior to entering upon his or her
211duties as such officer, and any other officer or employee so
212required by the authority shall provide a surety bond in an
213amount to be determined by the authority conditioned upon the
214faithful performance of the duties of his or her office or
215employment. Such bond shall be executed by a surety company
216authorized to do business in the state and shall be approved by
217the authority.
218     (12)  Cooperate with and contract with the government of
219the United States or the state or any agency, instrumentality,
220or political subdivision of either, or with any municipality,
221district, corporation, partnership, association, person, or
222individual in providing for or relating to the authority in
223carrying out the provisions and purposes of this act.
224     Section 5.  Bid procedures.--All contracts for
225constructing, demolishing, improving, extending, enlarging,
226relocating, repairing, or equipping of facilities of the
227authority in the amount of $7,500 or more shall be awarded by
228the authority to the best qualified bidder, as determined by the
229authority, after consideration of all relevant factors including
230the purposes and provisions of this act and the competitiveness
231of all bids received. The authority shall, at least 30 days
232prior to the award of such contract, publish one time in a
233newspaper of general circulation in Broward County a notice
234requesting bids on such contract. The authority may for any
235reason reject all bids and request new bids in the same manner
236as bids were first requested. This section does not apply to the
237purchase, lease, or acquisition of a site.
238     Section 6.  Fiscal powers.--
239     (1)  The expenditure of all moneys collected or received
240for the purposes authorized by this act shall be subject to an
241annual review by the Broward County Commission and the Fort
242Lauderdale City Commission. The authority shall prepare a budget
243for each fiscal year pursuant to the provisions of chapter 129,
244Florida Statutes, and a forecast of estimated income and
245expenditures for the next fiscal year. The budget shall be
246adopted, adopted as amended, or rejected by the Performing Arts
247Center Authority subject to the general provisions of chapter
248129, Florida Statutes, and shall be subject to approval by the
249Broward County Commission and the Fort Lauderdale City
250Commission.
251     (2)  The Broward County Commission and the Fort Lauderdale
252City Commission shall retain, employ, and compensate independent
253certified public accountants to audit the records or books of
254account of the authority at least once yearly and at such other
255times as either such commission deems necessary.
256     Section 7.  Bonding provisions.--
257     (1)  For the purpose of providing funds to finance
258equipping, furnishing, and constructing facilities, the
259Performing Arts Center Authority may issue revenue bonds.
260     (2)  Any bonds authorized by this act may be issued and
261sold at one time or from time to time, and shall bear such date
262or dates, be in such denomination or denominations, be payable
263at such place, bear interest at a rate allowed by general law,
264and mature at such stated time or times not exceeding 40 years
265after their date of issuance, with or without the right of prior
266redemption by the authority, all as may be determined by
267resolution or resolutions of the authority, which resolution or
268resolutions may prescribe the manner and terms of redemption of
269any bonds which the authority makes redeemable. The bonds shall
270be issued in registered form, as to both principal and interest,
271and shall be signed by the proper officials of the authority or
272such other designee authorized by the authority, on its behalf,
273and impressed with the corporate seal of the authority or a
274printed facsimile. The bonds may be sold at public or private
275sale or as determined by the authority at such price and terms
276as are deemed to be in the best interest of the authority.
277     (3)  The revenues pledged against such bonds by the
278authority may include the ticket surcharge, other projected
279revenues of the authority, the local option tourist development
280tax as authorized in section 125.0104, Florida Statutes, or any
281other source of revenue which the Board of County Commissioners
282of Broward County or the Commission of the City of Fort
283Lauderdale deems appropriate. Revenue bonds sold under the
284provisions of this act shall conform with the general provisions
285for revenue bonds as defined under chapter 159, Florida
286Statutes.
287     (4)  The Board of County Commissioners of Broward County or
288the City of Fort Lauderdale City Commission shall not have the
289power to pledge the full faith and credit and ad valorem taxing
290power of Broward County or the City of Fort Lauderdale for the
291payment of the principal or interest on such bonds.
292     (5)  Without limiting any other provisions of this act, the
293revenues available to the authority as set forth in this act, if
294not previously pledged to revenue bonds issued or to be used
295pursuant to this act or otherwise committed, may be used to
296otherwise finance or pay for the construction of facilities or
297the administrative expenses of the authority or otherwise in
298carrying out the purposes and provisions of this act.
299     Section 8.  Other revenues.--The County of Broward, the
300City of Fort Lauderdale, and any other governmental unit may
301appropriate additional funds for use by the authority for
302maintenance of facilities and payment of employees' salaries,
303operating expenses, planning expenses, or other necessary
304expenditures. Such expenditures are declared to be for a valid,
305necessary public purpose.
306     Section 9.  Public or private subscription.--The authority
307may solicit, encourage, promote, and accept any public or
308private subscriptions and donations of moneys, other property,
309and assets for use in furthering the purposes of this act.
310     Section 10.  Special licenses.--In addition to any licenses
311that may be issued under the provisions of the Beverage Law of
312the state, the Division of Alcoholic Beverages and Tobacco of
313the Department of Business and Professional Regulation is hereby
314authorized to issue to qualified applicants consisting of the
315Performing Arts Center Authority or its designee a special
316license or special licenses for use within the confines of the
317Performing Arts Center complex. Any such license issued pursuant
318to this act shall permit the licensee to sell alcoholic
319beverages only for consumption on the premises of the
320facilities.
321     Section 4.  Chapters 84-396, 85-389, 92-268, and 93-371,
322Laws of Florida, are repealed.
323     Section 5.  If any provision of this act or the application
324thereof to any person or circumstance is held invalid, the
325invalidity shall not affect other provisions or applications of
326the act which can be given effect without the invalid provision
327or application, and to this end the provisions of this act are
328declared severable.
329     Section 6.  This act shall take effect upon becoming a law.


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