HB 1657

1
A bill to be entitled
2An act relating to the Downtown Development Authority of
3the City of Fort Lauderdale, Broward County; codifying,
4amending, reenacting, and repealing chapters 65-1541, 67-
51385, 69-1056, 75-371, 80-501, 85-393, 87-507, 89-431, 92-
6247, 93-392, and 95-531, Laws of Florida; providing
7severability; providing an effective date.
8
9Be It Enacted by the Legislature of the State of Florida:
10
11     Section 1.  Pursuant to section 189.429, Florida Statutes,
12this act constitutes the codification of all special acts
13relating to the Downtown Development Authority of the City of
14Fort Lauderdale. It is the intent of the Legislature in enacting
15this law to provide a single, comprehensive special act charter
16for the authority, including all current legislative authority
17granted to the authority by its several legislative enactments
18and any additional authority granted by this act. It is further
19the intent of this act to preserve all authority of the
20authority.
21     Section 2.  Chapters 65-1541, 67-1385, 69-1056, 75-371, 80-
22501, 85-393, 87-507, 89-431, 92-247, 93-392, and 95-531, Laws of
23Florida, are codified, reenacted, amended, and repealed as
24herein provided.
25     Section 3.  The charter for the Downtown Development
26Authority of the City of Fort Lauderdale is reenacted and re-
27created to read:
28     Section 1.  Definitions.--As used in this act, the
29following terms shall have the meaning ascribed to them in this
30section unless the context shall clearly requires otherwise:
31     (1)  "Authority" means the Downtown Development Authority
32of the City of Fort Lauderdale.
33     (2)  "Board" means the governing body of the authority
34selected as herein provided.
35     (3)  "Director" means the chief executive officer of the
36authority selected by the board as herein provided.
37     (4)  "City" means the City of Fort Lauderdale.
38     (5)(a)  "Downtown" means the lands described in section 2
39not being used as a residence.
40     (b)  "Not being used as a residence" means all residential
41lands not being used as a residence or that portion of
42nonresidential lands not being used as a residence.  The
43determination of when land is being used as a residence shall be
44made and certified by the Executive Director of the Downtown
45Development Authority at the time the books close for a Downtown
46Development Authority election or, if the Downtown Development
47Authority does not hold an election in a particular year, as of
48January 1 of that year.
49     (c)  "Residence" means a building in which one or more
50natural persons live.
51     (d)  "Residential" means lands zoned by the City of Fort
52Lauderdale as R-1-A, R-1, R-1-P, R-2-A, R-2, R-3-A/RM-25, R-3-9,
53RM-15, R-3/RM-30, R-3-C, R-4/RM-60, or R-4-C.
54     (6)  "Planning board" means the city planning and zoning
55board.
56     (7)  "Bonds" means any bonds, including refunding bonds,
57notes, interim certificates, certificates of indebtedness,
58debentures, and other obligations.
59     (8)  "Public facility" means any street, park, parking lot,
60playground, right-of-way, structure, waterway, bridge, lake,
61pond, canal, utility lines or pipes, and building, including
62access routes to any of the foregoing, designed and dedicated to
63use by the public generally, or used by any public agency with
64or without charge, whether or not the same is revenue producing.
65     (9)  "Assessable improvements" includes, without
66limitation, any and all land redevelopment and revitalization
67works and facilities, sewer systems, storm sewers and drains,
68water systems, streets, roads, or other products of the
69authority, or that portion or portions thereof, local in nature
70and of special benefit to the premises or lands served thereby,
71and any and all modifications, improvements, and enlargements
72thereof.
73     (10)  "Cost," when used with reference to any project,
74includes, but is not limited to, the expense of determining the
75feasibility or practicability of acquisition, construction, or
76reconstruction; the cost of surveys, estimates, plans, designs,
77and specifications; the cost of improvements and engineering,
78fiscal, and legal expenses and charges; the cost of all labor,
79materials, machinery, and equipment; the cost of all lands,
80properties, rights, easements, and franchises acquired; federal,
81state, and local taxes and assessments; financing charges; the
82creation of initial reserve and debt service funds; working
83capital; interest charges incurred or estimated to be incurred
84on money borrowed prior to and during construction and
85acquisition and for such period of time after completion of
86construction or acquisition as the board may determine; the cost
87of issuance of bonds pursuant to this act, including
88advertisements and printing, the cost of any referendum held
89pursuant to this act, and all other expenses of issuance of
90bonds; discount, if any, on the sale or exchange of bonds;
91administrative expenses; such other expenses as may be necessary
92or incidental to the acquisition, construction, or
93reconstruction of any project or to the financing thereof, or
94the development of any lands within the authority; and
95reimbursement of any public or private body, person, firm, or
96corporation for any moneys advanced in connection with any of
97the foregoing items of cost.  Any obligation or expense incurred
98prior to the issuance of bonds in connection with the
99acquisition, construction, or reconstruction of any project or
100improvements thereon, or in connection with any other
101development of land that the board shall determine to be
102necessary or desirable in carrying out the purposes of this act,
103may be treated as a part of such cost.
104     (11)  "Project"  means any development, improvement,
105property, utility, facility, works road, sidewalk, enterprise,
106service, or convenience, including, without limitation, public
107transportation facilities and services, now existing or
108hereafter undertaken or established, that under the provisions
109of this act the authority is authorized to construct, acquire,
110undertake, or furnish for its own use or for the use of any
111other person, firm, or corporation owning, leasing, or otherwise
112using the same, for any profit or nonprofit purpose or activity,
113and shall include, without limitation, such repairs,
114replacements, additions, extensions, and betterments of and to
115any project as may be deemed necessary or desirable by the board
116to place or to maintain such project in proper condition for the
117safe, efficient, and economic operation thereof.
118     (12)  "Public body" means the state or any municipality,
119board, commission, authority, district, department, or any other
120subdivision or public body of the state.
121     (13)  "Federal Government" means the United States of
122America or any agency or instrumentality, corporation, or
123otherwise of the United States of America.
124     (14)  "Slum area" means an area in which there is a
125predominance of buildings or improvements, whether residential
126or nonresidential, which by reason of dilapidation,
127deterioration, age, or obsolescence, inadequate provision for
128ventilation, light, air, sanitation, or open spaces, high
129density of population and overcrowding, or the existence of
130conditions which endanger life or property by fire and other
131causes or any combination of such factors is conducive to ill
132health, transmission of disease, infant mortality, juvenile
133delinquency, or crime, and is detrimental to the public health,
134safety, morals, or welfare.
135     (15)  "Blighted area" means an area which by reason of the
136presence of a substantial number of slum, deteriorated, or
137deteriorating structures, predominance of defective or
138inadequate street layout, faulty lot layout in relation to size,
139adequacy, accessibility, or usefulness, unsanitary or unsafe
140conditions, deterioration of site or other improvements,
141diversity of ownership, tax or special assessment delinquency
142exceeding the fair value of the land, defective or unusual
143conditions of title, or the existence of conditions which
144endanger life or property by fire and other causes, or any
145combination of such factors, substantially impairs or arrests
146the sound growth of a community, retards the provision of
147housing accommodations, or constitutes an economic or social
148liability and is a menace to the public health, safety, morals,
149or welfare in its present condition and use.
150     (16)  "Renewal project" means undertakings and activities
151of the authority in a renewal area for the elimination and
152prevention of the development or spread of slums and blight, and
153may involve slum clearance and redevelopment in a renewal area,
154or rehabilitation or conservation in a renewal area, or any
155combination or part thereof in accordance with a renewal plan.
156Such undertakings and activities may include:
157     (a)  Acquisition of a slum area or a blighted area or
158portion thereof.
159     (b)  Demolition and removal of buildings and improvements.
160     (c)  Installation, construction, or reconstruction of
161streets, utilities, parks, playgrounds, and other improvements
162necessary for carrying out in the renewal area the renewal
163objectives of this act in accordance with the renewal plan.
164     (d)  Disposition of any property acquired in the renewal
165area, including sale, initial leasing, or retention by the
166authority itself, at its fair value for uses in accordance with
167the renewal plan.
168     (e)  Carrying out plans for a program of voluntary or
169compulsory repair and rehabilitation of buildings or other
170improvements in accordance with the renewal plan.
171     (f)  Acquisition of any other real property in the renewal
172area where necessary to eliminate unhealthful, unsanitary, or
173unsafe conditions, lessen density, eliminate obsolete or other
174uses detrimental to the public welfare, or otherwise to remove
175or prevent the spread of blight or deterioration, or to provide
176land for needed public facilities.
177     (17)  "Renewal area" means a slum area or a blighted area
178or a combination thereof which the authority designates as
179appropriate for a renewal project.
180     (18)  "Renewal plan" means a plan, as it exists from time
181to time, for a renewal project, which plan:
182     (a) Shall conform to the general plan for the municipality
183as a whole.
184     (b) Shall be sufficiently complete to indicate such land
185acquisition, demolition, and removal of structures,
186redevelopment, improvements, and rehabilitation as may be
187proposed to be carried out in the renewal area; zoning and
188planning changes, if any; land uses; maximum densities; building
189requirements; and the plan's relationship to definite local
190objectives respecting appropriate land uses, improved traffic,
191public transportation, public utilities, recreational and
192community facilities, and other public improvements.
193     (19)  "Real property" shall include lands, including
194improvements and fixtures thereon, and property of any nature
195appurtenant thereto, or used in connection therewith, and every
196estate, interest, right, and use, legal or equitable, therein
197including terms for years and liens by way of judgment,
198mortgage, or otherwise.
199     (20)  "Obligee" shall include any bondholder, agents, or
200trustees for any bondholders, or lessor demising to the
201authority property used in connection with a renewal project, or
202any assignee or assignees of such lessor's interest or any part
203thereof, and the Federal Government when it is a party to any
204contract with the municipality.
205     (21)  "Person" means any individual, firm, partnership,
206corporation, company, association, joint stock association, or
207body politic, and shall include any trustee, receiver, assignee,
208or other person acting in a similar representative capacity.
209     (22)  "Area of operation" means the downtown.
210     (23)  "Public officer" means any officer who is in charge
211of any department or branch of government relating to health,
212fire, or building regulations, or to other activities concerning
213dwellings in the area.
214     Section 2.  The boundaries of the authority shall include
215the following lands in the City of Fort Lauderdale, Broward
216County:
2171.  All lands not being used as a residence lying
218north of New River, east of Southwest and Northwest
219Fourth Avenue, south of Northwest and Northeast Second
220Street and west of Northeast and Southeast Sixth
221Avenue;
222     2.  All lands not being used as a residence lying
223north of Northwest Second Street, east of the Florida
224East Coast Railroad, south of Northwest Fourth Street,
225and west of North Andrews Avenue;
226     3.  All lands not being used as a residence lying
227within one hundred fifty feet of and being in common
228ownership with any of said boundary streets and
229avenues (excluding, however, all lands lying east of
230Southeast Sixth Avenue);
231     4.  All lands not being used as a residence lying
232south of Northeast Fourth Street and within one
233hundred fifty feet of and being in common ownership
234with Northeast Third Avenue and Northeast Sixth
235Avenue.  For the purposes of definition, the words,
236"common ownership" contained herein shall be
237(contiguous to and owned by the same entity; and
238     5.  All lands not being used as a residence lying
239north of Northeast Second Street, east of Northeast
240Second Avenue, south of Northeast Sixth Street, and
241west of Federal Highway, together with all lands not
242being used as a residence lying north of Southeast
243Seventh Street, east of the F.E.C. Railroad Tracks,
244south of Southeast Sixth Court, and west of Federal
245Highway, as legally described as follows:
246
PARCEL I
247All of Blocks 1, 2, 4, 29 and 30, and portions of
248Blocks 33 and 34, NORTH LAUDERDALE AMENDED, according
249to the plat thereof recorded in Plat Book 1, Page 182,
250of the public records of Dade County, Florida;
251TOGETHER WITH all of the Blocks 2, 31, and 32, NORTH
252LAUDERDALE AMENDED RE-SUB, according to the plat
253thereof recorded in Plat Book 5, Page 25, of the
254public records of Broward County, Florida; ALSO
255TOGETHER WITH  portions of Blocks A and B, GEORGE M.
256PHIPPENS SUB., according to the plat thereof recorded
257in Plat Book B, Page 146, of the public records of
258Dade County, Florida; ALSO TOGETHER WITH portions of
259Blocks A and B, FORT LAUDERDALE LAND AND DEVELOPMENT
260CO., SUB., according to the plat thereof recorded in
261Plat Book 1, Page 56, of the public records of Dade
262County, Florida; AND ALSO TOGETHER WITH portions of
263Northeast 3rd Street, Northeast 4th Street, Northeast
2645th Street, Northeast 5th Avenue, and Northeast 5th
265Terrace, lying adjacent to said Blocks, and being all
266more fully described as follows:
267Beginning at the Northwest corner of Lot 26, of said
268Block 4, thence due South, on the West lines of said
269Blocks 4 and 29, and extensions thereof, a distance of
2701300.00 feet; thence due East, on the North right-of-
271way line of said Northeast 4th Street, a distance 83.99
272feet; thence due South, a distance of 50.00 feet;
273thence due East, on the South right-of way line of
274said Northeast 4th Street, a distance of 392 feet;
275thence South 00(01'00" West, on the West lines of Lots
27620 and 19, Block A, and the West line of Lot 20, Block
277B, of said GEORGE M. PHIPPENS SUB., and extensions
278thereof, a distance of 495.00 feet; thence South
27989(57'46" East, on the South lines of Lots 20, 18, 16,
28014, 12, 10, 8, 6, 4, and 2, Block B, of said GEORGE M.
281PHIPPENS SUB., and the Easterly extension thereof, a
282distance of 720.17 feet; thence North 00(01'54" West,
283on the Southerly extension of the East line of Lot 20,
284Block A, of said FORT LAUDERDALE LAND AND DEVELOPMENT
285CO., SUB. and the Northerly extension thereof, a
286distance of 205.47 feet, thence due West, on the North
287right-of-way line of said Northeast 3rd Street, a
288distance of 25.00 feet; thence North 00(01'00" East,
289on the East lines of Lots 7 and 20, Block B, of said
290FORT LAUDERDALE LAND AND DEVELOPMENT CO. SUB., and
291extensions thereof, a distance of 289.15 feet; thence
292due East, on the South right-of-way line of Northeast
293 4th Street, a distance of 169.75 feet; thence North
29400(17'27" East, on the West right-of way line of U.S.
295Highway No. 1; a distance of 1323.87 feet to the Point
296of Beginning less the following described land:  Lots
29720, 21, 22, 23, 24, 25 and 26, Block (B(, FORT
298LAUDERDALE LAND AND DEVELOPMENT CO. Subdivision of
299Lots 1 and 2, Block 1, Fort Lauderdale, according to
300the plat thereof, recorded in Plat Book 1, Page 56, of
301the public records of Dade County, Florida, and Lots 2
302and 4, Block (A(, GEORGE M. PHIPPEN(S SUBDIVISION of
303Lots 3, 4, 5 and 6, Block 1, and Lots 3, 4, 5, 6, 7,
3048, 9 and 10, Block 14, TOWN OF FORT LAUDERDALE,
305according to the plat thereof, recorded in Plat Book
306B, Page 146, of the public records of Dade County,
307Florida.
308     PARCEL II
309Lots 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17,
31018, 19, 20 and 21, HARCOURT, according to the plat
311thereof, as recorded in Plat Book 2, Page 9, of the
312public records of Broward County, Florida; AND the
313west one-half (W () of Federal Highway  (US No. 1),
314lying East of and adjacent to said Lots 4, 5, 6, 7, 9,
3159, 10, 11 and 12; AND the East one-half (E () of S.E.
3165th Terrace, lying West of and adjacent to said Lots
31714, 15, 16, 17, 18, 19, 20 and 21.
318     TOGETHER WITH:
319Lots 4, 5, 6, 7, 8, 9, 10, 11 and 12, HENRY
320SHACKELFORD AMENDED PLAT SUBDIVISION OF LOTS 2 & 3,
321BLOCK 57, TOWN OF FORT LAUDERDALE, according to the
322plat thereof, as recorded in Plat Book 3, Page 3, of
323the public records of Dade County, Florida; AND  the
324West one-half of S.E. 5th Terrace, lying East of
325adjacent to and referenced Lots; AND the East one-half
326of S.E. 5th Avenue, lying West of adjacent of above
327referenced Lots.
328     TOGETHER WITH:
329Lots 4, 5, 6, 7, 8, 9, 10, 11 and 12, RE-AMENDED PLAT
330OF HENRY  SHACKELFORD(S SUBDIVISION OF LOTS 2 & 3,
331BLOCK 57, TOWN OF FORT LAUDERDALE, according to the
332plat thereof, as recorded in Plat Book 3, Page 3 of
333the public records of Dade County, Florida; AND  the
334West one-half of S.E. 5th Avenue, lying East of
335adjacent to and referenced Lots; AND the East one-half
336of S.E. 4th Avenue, lying West of adjacent to the above
337referenced Lots.
338AND ALSO TOGETHER WITH:
339Lots 2, 3, 4, 5, 6, 7, 8 and 9, MRS. DAISY
340SHACKELFORD(S AMENDED NEW SUBDIVISION OF LOT 4, BLOCK
34157, TOWN OF FORT LAUDERDALE, according to the plat
342thereof, as recorded in Plat Book 1, Page 165, of the
343public records of Dade County, Florida, AND  10.00
344foot Alley adjacent to said Lot 6 and Lots 7, 8 & 9;
345AND the West one-half of (W () of S.E. 4th Avenue,
346lying East of and adjacent to above referenced Lots.
347     AND ALSO TOGETHER WITH:
348Lots 5, 6, 7, 8, 9, 10, 11 and 12, SOUTH FLORIDA
349DREDGING COMPANY DIVISION OF LOT 5, BLOCK 57, TOWN OF
350FORT LAUDERDALE, according to the plat thereof, as
351recorded in Plat Book 3, Page 27, of the public
352records of Broward County, Florida; AND 10.00 foot
353Alley adjacent to Lot 9 and Lots 10, 11 and 12; AND
3545.50 foot Alley lying East of and adjacent to above
355referenced Lots; AND the East one-half (E() of S.E. 3rd
356Avenue, lying West of and adjacent to said Lots.
357AND ALSO TOGETHER WITH:     
358The South 80.00 feet of Lots 2, 4 and 6, Block 3, all
359of Blocks 4, 5 and 6, SUBDIVISION OF BLOCK 56, TOWN OF
360FORT LAUDERDALE, according to the plat thereof, as
361recorded in Plat Book 1, Page 63, of the public
362records of Dade County, Florida; AND  the West one-
363half (W() of S.E. 3rd Avenue, lying East of and
364adjacent to above referenced South 80.00 feet of Lot 2
365and said Block 6; AND  the East one-half (E () of S.E.
3661st Avenue, lying West of and adjacent to above
367referenced Block 4; AND  the North one-half (N() of
368S.E. 6th Court, lying South of and adjacent to said
369Lots 2, 4 and 6, Block 3; AND  the South one-half of
370S.E. 6th Court, lying North of and adjacent to said
371Blocks 4, 5 and 6.
372AND ALSO TOGETHER WITH:
373Lots 17, 18, 19, 20 and 21, Block 55, TOWN OF FORT
374LAUDERDALE, according to the plat thereof, as recorded
375in Plat Book (B(, Page 40, of the public records of
376Dade County, Florida, AND Parcel (A(; AND the East
377one-half of Andrews Avenue, lying West of and adjacent
378to said Parcel (A(; AND all that certain 14.00 foot
379Alley within said Block 55, lying North and East of
380said Parcel (A(; AND all that certain irregular Alley,
381lying North of said Parcel (A( and South of said Lot
38217.
383AND ALSO TOGETHER WITH;
384Lots 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17,
38518, 19, 20 and 21, Block 54, TOWN OF FORT LAUDERDALE,
386according to the plat thereof, as recorded in Plat
387Book (B(, Page 40, of the public records of Dade
388County, Florida; AND  the West one-half (W() of
389Andrews Avenue, lying East of and adjacent to said
390Lots 13, 14, 15, 16, 17, 18, 19, 20 and 21; AND  the
391East one-half of S.W. 1st Avenue lying West of and
392adjacent to said Lots 4, 5, 6, 7, 8, 9, 10, 11 and 12;
393AND all that certain 14.00 foot Alley in said Block
39454, lying adjacent to above referenced Lots.
395AND ALSO TOGETHER WITH:
396Lots 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17,
39718, 19 and Lot 20, less the North 25.00 feet thereof,
398Block 53, TOWN OF FORT LAUDERDALE, according to the
399plat thereof, as recorded in Plat Book (B(, Page 40,
400of the public records of Dade County, Florida; AND
401the West one-half of (W() of S.W. 1st Avenue, lying
402East of and adjacent to said Lots 13, 14, 15, 16, 17,
40318, 19 and Lot 20, less the North 25.00 feet thereof;
404AND all of S.W. Flagler Avenue lying West of and
405adjacent to said Lots 4, 5, 6, 7, 8, 9, 10, 11 and 12;
406AND  the East one-half (E() of the Florida East Coast
407Railroad Right-of-Way, lying West of said S.W. Flagler
408Avenue and South of the Westerly extension of the
409North line of said Lot 4 and North of the Westerly
410extension of the Northerly right of way line of S.W.
4117th Street.
412Said lands situate, lying and being in the City of
413Fort Lauderdale, Broward County, Florida, and
414containing 24.8679 Acres more or less.
415     6.(a)  All lands not being used a residence lying
416south of New River, east of the Florida East Coast
417Railroad, north of Southeast Sixth Street and
418Southwest Sixth Street, and west of Southeast Sixth
419Avenue.
420     (b)  All lands not being used a residence lying
421south of Southeast and Southwest Sixth Streets, east
422of the Florida East Coast Railroad, and west of
423Southeast Sixth Avenue, which are situated within one
424hundred fifty feet (150') of and are in contiguous
425proprietorship with Southeast or Southwest Sixth
426Street, upon approval of the majority of those voting
427in a referendum in which those participating are
428limited to the electors of the downtown (including
429also the lands added to the downtown by this act) who
430at the time of the referendum are owners of freeholds
431in the downtown (as hereby expanded), not wholly
432exempt from taxation, and who are then duly registered
433for a Downtown Development Authority referendum,
434according to law.  For the purposes of such
435referendum, the electors who register only as owners
436of freeholds which are situated within the lands
437authorized to be added to the downtown by this act may
438be separately registered and their votes cast in
439separate ballot boxes or voting machines (as the case
440may be) and separately tabulated, in case on or more
441other questions are being voted upon at such
442referendum, and such separate registrants shall thus
443be permitted to vote upon such other question or
444questions.  If this law is approved at such
445referendum, such separately registered electors shall
446be incorporated into the permanent registration of
447electors of the Downtown Development Authority and
448their votes then counted on any other question or
449questions voted upon at such referendum.
4507.  All of lots 14, 15, 16, 17, 18, 19, 20, 21, 22,
45123, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35,
45238, 39, 40, 41, 42, 43, 44, 45, 46, 47 and 48, and
453portions of Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11,
45412, 13, 36 and 37, Block 19, BRYAN SUBDIVISION of
455Blocks 5, 8 and 19, of the Town of Fort Lauderdale, as
456recorded in Plat Book 1, Page 18, of the public
457records of Dade County, Florida, together with
458portions of those certain 10 foot alleys, lying within
459said Block 19,
460TOGETHER WITH all of Lots 2, 3, 4, 5, 6, 7, 8, 9, and
46110, AND A PORTION OF Lot 1, Block 18, TOWN OF FORT
462LAUDERDALE, as recorded in Plat Book 8, Page 40, of
463the public records of Dade County, Florida, together
464with that portion of a 14-foot alley lying within said
465Block 18,
466ALSO TOGETHER WITH all of Lots 1 and 2, T.M. BRYAN
467SUBDIVISION of Lots 11 and 12, Block 18, Town of Fort
468Lauderdale, as recorded in Plat Book 3, Page 12, of
469the public records of Dade County, Florida,
470ALSO TOGETHER WITH all of Lots 6, 7, 8 and 9, and
471portions of Lots 1, 2, 3, 4 and 5, Block 1, all of
472Lots 6, 7, 8, 9, 10 and 11 and portions of Lots 1, 2,
4733, 4 and 5, Block 2 KELLY(S RESUBDIVISION, as recorded
474in Plat Book 16, Page 50, of the public records of
475Broward County, Florida,
476ALSO TOGETHER WITH all of Lots 1, 2, 3, 4, 5, 6, 7, 8,
4779, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22,
47823, 24, A, B and C, HULDA S. HOLMES SUBDIVISION of
479Block 23, Fort Lauderdale, as recorded in Plat Book 7,
480Page 26, of the public records of Broward County,
481Florida,
482ALSO TOGETHER WITH Lots 1, 2, 3, and 4, and a portion
483of Lot 5, Block 24, TOWN OF FORT LAUDERDALE, as
484recorded in Plat Book 8, Page 40, of the public
485records of Dade County, Florida,
486ALSO TOGETHER WITH all of Lots 1, 2, 3, and 4, F.H.
487BENTON(S SUBDIVISION in Block 24, Town of Fort
488Lauderdale, as recorded in Plat Book 3, Page 30, of
489the public records of Broward County, Florida,
490together with all that portion of a 10 foot driveway
491and cul-de-sac of said F. H. BENTON(S SUBDIVISION,
492ALSO TOGETHER WITH all of Lots 1 and 2, Canal 2 and
493Canal 3 and portions of Lots 6, 7, 8, 9, 10, 11 and 13
494and Canal No. 1, L.H. BRYAN(S SUBDIVISION of Block 32,
495of Fort Lauderdale, Florida, as recorded in Plat Book
4963, Page 78, of the public records of Dade County,
497Florida,
498AND ALSO TOGETHER WITH portions of S.W. Fifth Avenue,
499S.W. Sixth Avenue, S.W. Second Street, S.W. Second
500Court, Las Olas Boulevard, N.W. River Drive and North
501River Street, lying within or adjacent to the above
502said Blocks and being all more fully described as
503follows:
504Commencing at the Northwest corner of Lot 24 of said
505Block 18, TOWN OF FORT LAUDERDALE, thence South 0( 07'
50630" East, along the East line of said alley within
507Block 18, a distance of 15.00 feet to the Point of
508Beginning; thence continuing South  0( 07' 24"  East,
509along the East line of said alley a distance of
510585.04 feet; thence South 89( 59' 02" East, a distance
511of 40.97 feet, thence South 0( 07' 24" East, along the
512Northerly extension of the East line of the said F.H.
513BENTON(S SUBDIVISION, and along the said East line, a
514distance of 316.49 feet to a point on the existing
515bulkhead forming the Northerly limits of New River;
516thence Westerly and Southerly along the said existing
517bulkhead and extensions thereof, the following 11
518courses and distances: thence North 87( 04' 09" West,
519a distance of 37.36 feet; thence South 86( 43' 52"
520West, a distance of 13.74 feet, thence South 77( 14'
52135" West, a distance of 50.12 feet, thence South 73(
52243' 38" West, a distance of 43.15 feet; thence South
52354( 27' 01" West a distance of 67.25 feet; thence
524South 45( 58" 48' East, a distance of 7.62 feet;
525thence South 35( 35' 21" West, a distance of 175.30
526feet; thence South 7( 34' 31' West, a distance of
52751.26 feet; thence South 2( 01' 02" West, a distance
528of 25.35 feet, thence South 7( 22' 59" West, a
529distance of 205.31 feet, thence South 29( 18' 46"
530West, a distance of 92.94 feet to the Point of
531Termination of the said 11 courses and distances;
532thence North 89( 59' 37" West, along the Easterly
533extension of the South line of Canal No. 3 of L.H.
534BRYAN(S SUBDIVISION and along the said South line and
535extensions thereof, a distance of 211.49 feet to a
536point on the Easterly right-of-way line of S.W.
537Seventh Avenue and a point on a curve; thence
538Northwesterly along the said Easterly right-of-way
539line and along a curve to the right, whose tangent
540bears North 54( 00' 36" West, with a radius of 630.35
541feet and a central angle of  18( 52' 41", an arc
542distance of 207.69 feet to a point of compound curve;
543thence Northwesterly along the said Easterly right-of-
544way line and along a curve to the  right, with a
545radius of 513.96 feet and a central angle of 35( 00'
54600", an arc distance of 313.96 feet to a point of
547tangency; thence North 0( 07' 55" West, along the said
548Easterly right-of-way line and along the line 20.00
549feet East of and parallel with the West line of said
550Block 1 and 2 of said KELLY(S SUBDIVISION and along
551the line of 20.00 feet East of and parallel with the
552West line of said Block 19, BRYAN SUBDIVISION of
553Blocks 5, 8 and 19, a distance of 1008.08 feet to a
554point of curve; thence Northeasterly along a curve to
555the right, with a radius of 25.00 feet and a central
556angle of 90( 07' 55", an arc distance of 39.33 feet to
557a point of tangency; thence due East, along the South
558right-of-way line of Broward Boulevard and along the
559line 15.00 feet South of and parallel with the North
560line of said Block 19, BRYAN SUBDIVISION of Blocks 5,
5618 and 19 and said Block 18, TOWN OF FORT LAUDERDALE, a
562distance of 898 .88 feet to the Point of Beginning.
563All of the above said land situate, lying and being in
564the City of Fort Lauderdale, Broward County, Florida,
565and containing 22.8328 acres more or less.
566
567     Section 3.  (1)  It is the policy of the state to make it
568possible for the city to revitalize and preserve property values
569and prevent deterioration in the downtown area by a system of
570self-help to correct the blight of such deterioration which has
571developed there.  The authority hereby created is intended to
572provide a vehicle whereby property owners who will benefit
573directly from the results of such a program will bear the
574substantial cost thereof and thereby local problems may be
575solved on the local level through the use of machinery provided
576by local government.
577     (2)  The Legislature hereby finds and declares that the
578downtown area is a blighted area and that portions therein are
579slums.  The area constitutes a serious and growing menace,
580injurious to the public health and the safety, morals, and
581welfare of the residents, occupants, workers, and property
582owners of the area; the existence of such slum and blighted
583conditions contributes substantially and increasingly to the
584spread of disease and crime, constitutes an economic and social
585liability imposing onerous municipal burdens which decrease the
586tax base and reduce tax revenues, substantially impair or arrest
587the sound growth of said area, retards the provision of housing
588accommodations, aggravates traffic problems, and substantially
589impairs or arrests the elimination of traffic hazards and the
590improvement of traffic facilities; and the prevention and
591elimination of such slums and blight is a matter of public
592policy and concern in order that the said area shall not
593continue to be endangered by being a focal center of disease and
594juvenile delinquency and consume an excessive proportion of the
595tax revenue of the city because of the extra services required
596for police, fire, accident, hospitalization, and other forms of
597public protection, services, and facilities.
598     (3)  It is further found and declared that certain portions
599of the slums and blighted areas require acquisition, clearance,
600and disposition subject to use restrictions, as provided in this
601act, since the prevailing condition of deterioration and
602obsolescence makes impracticable the reclamation thereof by
603conservation or rehabilitation; that other portions of the
604downtown may, through the means provided in this act, be
605susceptible of conservation or rehabilitation in such a manner
606and the conditions and evils hereinbefore enumerated may be
607eliminated, remedied, or prevented; and that salvable slum and
608blighted areas can be conserved and rehabilitated through
609appropriate public action as herein authorized, and the
610cooperation and voluntary action of the owners and tenants of
611the property in such area.
612     (4)  Among the many causes of such slums and blight are the
613following: automobile traffic flow strangled by outmoded street
614patterns, proliferation of uncoordinated uses and parking areas,
615unsuitable topography, faulty lot layouts, fragmentation of land
616uses and parking areas necessitating frequent automobile
617movement, lack of separation of pedestrian areas from auto
618traffic, low level access bridge, frequent bridge openings, air
619pollution, and excessive noise levels from strangled auto
620traffic.  Voluntary cooperation for coordinated development is
621impracticable because of fragmentary ownership, distant absentee
622ownership, and unusual conditions of title and other conditions.
623     (5)  The public safety is endangered by the tendency of the
624area to attract and be infested with vagrants, drunkards,
625perverts, and roving gangs of vandals.  The area has in recent
626months narrowly averted involvement in ghetto riots and
627disorders.  In the nighttime the area is dangerous.  The area is
628a business ghetto plagued with vacant and deteriorating
629buildings which are neglected and produce a depressing
630atmosphere.  Many businesses of all types have left the area for
631new locations in suburban shopping centers and few businesses
632have entered to take their places.  The oldest commercial
633structures in the city are in this area and are obsolete, of
634inferior construction, and incompatible with modern functional
635design as is featured in competitive shopping centers.
636     (6)  The area now has few residences and most of the
637residences which do exist are undersized and of inferior
638construction which would not be permitted for new construction
639under the city's building code.  Many former residents have left
640the area and few suitable residence facilities exist.  The area
641is predominately commercial and is occupied primarily by day
642workers who sleep in suburban homes outside the downtown area.
643Market studies show that many of these day workers and other
644people would prefer to reside in the downtown area if blighting
645influences were removed and suitable residence facilities
646provided.  However, the total environment of man is the
647determinant of the quality of life and each segment of
648environment affects the public health, safety, and morals.  The
649problems of residential and commercial slums and blight are one
650and the same problem and the public health, morals, and welfare
651are no less concerned with the commercial areas where the day
652workers spend most of their daylight hours than with residential
653areas where the same individuals spend their nighttime hours.
654It is therefore a necessary and proper function of government to
655remove slums, blight, and blighting influences from commercial
656areas.  The police power is inadequate to accomplish this
657purpose.  The only effective device for removal of the slums and
658blight of the downtown area is the planning and implementation
659of planning for appropriate land use, beautification, continuity
660of planning and aesthetic and technical design concepts, the
661removal of deteriorated and obsolescent structures, and the
662reduction of fragmentary control of properties in the area.  To
663implement such plans requires the exercise of the power of
664eminent domain so as to assemble land in pursuance of a
665coordinated program for redevelopment, as authorized by this
666act, all of which is declared to be a public purpose and for a
667public use.
668     (7)  The Legislature further finds and declares that the
669provisions of this act and the powers afforded to the governing
670board of the authority are essential to guide and accomplish the
671coordinated, balanced, and harmonious development of the
672downtown in accordance with existing and future needs; to
673promote the health, safety, morals, and general welfare of the
674area and its inhabitants, visitors, property owners, and
675workers; to establish, maintain, and preserve aesthetic values
676and preserve and foster the development and display of
677attractiveness; to prevent overcrowding and congestion; to
678regulate auto traffic and provide pedestrian safety; to secure
679safety from fire, storm, panic, riot, vandals, and other
680dangers; to conserve and provide adequate light and air; and to
681provide a way of life which combines the conveniences and
682amenities of modern living with the traditions and pleasures of
683the past.
684     Section 4.  There is hereby created and established the
685Downtown Development Authority of the City of Fort Lauderdale,
686which authority shall have all the powers herein provided, and
687which shall be a body corporate as well as politic, with power
688to sue and be sued in all the courts of this state, and with
689power to adopt and use a corporate seal.
690     Section 5.  The affairs of the authority shall be under the
691direct supervision and control of a board of seven members.  Two
692members shall serve for terms expiring at the end of each year
693during the period commencing 1976 and ending 1978.  One member
694shall serve for a term expiring at the end of 1975.  Thereafter,
695members shall be appointed to serve for regular terms of 4 years
696from the expiration of the terms of their predecessors.  The
697terms of incumbent members at the time this law takes effect
698shall not be affected by this law. A member's term shall
699automatically expire and his or her office shall be deemed
700vacant for purposes of appointment of a new member if, while in
701office, he or she shall cease to be qualified for membership
702under section 6.  Every board member shall continue to hold
703office until his or her successor has been appointed and has
704qualified. All appointments of the board shall be made by the
705city commission.  Appointments made to fill a vacancy during a
706term of office shall be for the unexpired term only.
707     Section 6.  (1)  Each member of the board shall reside in
708or have his or her principal place of business in the city.  He
709or she shall be a landowner in the downtown, a leasehold tenant
710required by the terms of his or her lease to pay taxes currently
711on downtown lands, or an officer, director, or managing agent of
712a corporation which owns downtown lands or an interest in
713downtown lands or which corporation is a leasehold tenant
714required by the terms of its lease to pay taxes currently on
715downtown lands.  No officer or employee of the city shall be
716eligible to serve as a member of the board while holding other
717offices in the city or while employed by the city.  Before
718assuming the duties of the office, each member shall qualify by
719taking and subscribing to the oath of office required of
720officials of the city and by posting a bond in the penal sum of
721$10,000 payable to the city for use and benefit of the
722authority, to be approved by the city commission and filed with
723the city clerk.  The premium on such bond shall be deemed an
724operating expense of the authority, payable from funds available
725to it for expenses of operation.
726     (2)  The board shall adopt and promulgate rules governing
727its procedures and shall hold regular meetings no less often
728than one a month.  Special meetings may be held when called in
729the manner provided in the rules of the board.  All meetings of
730the board shall be open to the public.  Each member of the board
731shall be paid a salary of $1 per year for services on the board,
732unless the city commission shall otherwise designate such salary
733and provide from the general funds of the city for such salary.
734     (3)  Pursuant to notice and an opportunity to be heard, an
735appointed member of the board may be removed for cause by the
736city commission.  Any such removal shall be subject to review by
737the circuit court of the circuit having jurisdiction.
738     Section 7.  The board, subject to the provisions hereof and
739subject to other applicable provisions of law, shall have all
740powers customarily vested in the board of directors of a
741corporation for profit.  It shall exercise supervisory control
742over the activities of the director and the staff of the
743authority in carrying out the functions authorized hereby.
744     Section 8.  The board shall have the power to:
745     (1)  Employ engineers, contractors, consultants, attorneys,
746auditors, agents, employees, and representatives as the board
747may from time to time determine on such terms and conditions as
748the board may approve and fix their compensations and duties.
749     (2)  Adopt bylaws, rules, resolutions, and orders
750prescribing the powers, duties, and functions of the officers of
751the authority, the conduct of the business of the authority, the
752maintenance of the records, and the form of all other documents
753and records of the authority.  The board may adopt
754administrative rules and regulations with respect to any
755projects of the authority on such notice and public hearing, if
756any, as the board may determine.
757     (3)  Maintain an office at such place or places as it may
758designate.
759     (4)  Execute all contracts and other documents, adopt all
760proceedings, and perform all acts determined by the board to be
761necessary or desirable to carry out the purposes of this act.
762The board may authorize one or more members of the board to
763execute contracts and other documents on behalf of the board.
764     (5)  Establish and create such departments, boards, or
765other agencies as from time to time the board may deem necessary
766or advisable.
767     (6)  Examine and authorize any officer or agent of the
768authority to examine the county tax rolls with respect to the
769assessed valuation of the real and personal property within the
770downtown area.
771     (7)  Appoint a director and other staff members who shall
772be employed upon recommendation of the director, prescribe their
773duties, and fix their compensation which shall be paid from
774funds available to the authority in the same manner as city
775employees are paid.
776     (8)  Prepare analyses of economic changes taking place upon
777the downtown area.
778     (9)  Study and analyze the impact of metropolitan growth
779upon the downtown area.
780     (10)  Plan and propose within the downtown area
781improvements of all kinds, including, among other things, the
782renovation, repair, remodeling, reconstruction, or other changes
783in existing buildings which may be necessary or appropriate to
784the execution of any such plan which in the opinion of the board
785will aid in the economic growth of the downtown area.
786     (11)  Implement any plan of development in the downtown
787area as shall in its judgment be necessary to carry out its
788functions, provided it is not inconsistent with the city's
789general plan.
790     (12)  Make and enter into all contracts necessary or
791incidental to the exercise of its powers and the performance of
792its duties.
793     (13)  Establish, operate, lease, license, grant, or convey
794in the downtown area such public facilities as shall in its
795opinion be feasible and desirable in the implementation of any
796plan conceived and executed by the board.  Public facilities
797shall also include pedestrian malls, historical buildings or
798monuments, and cultural, educational, and recreational
799facilities.
800     (14)  Develop long-range plans designed to halt
801deterioration of downtown property values.
802     (15)  Borrow money at interest on a short-term basis to pay
803expenses of operation and to issue evidences of indebtedness for
804such loans.
805     (16)  Retain and fix the compensation of general counsel to
806advise the board in the proper performance of its duties.  The
807general counsel shall be a practicing attorney with not less
808than 10 years' experience in the practice of law in the state.
809He or she shall represent the authority in all suits of actions
810brought by or against the authority involving the jurisdiction,
811power, duties, functions, or activities of the authority under
812the terms of this act.  At the request of the city, he or she
813may also represent the city in any such matters in case the city
814becomes or desires to become a party to such action.
815     (17)  Incur all or part of the expense of any public
816improvement made by the city, county, state, or Federal
817Government, or any agency of them, in exercising powers granted
818to the authority.
819     (18)  Lend, grant, or contribute funds to the city, county,
820or Federal Government, or any agency of them.
821     (19)  Enter into agreements with the city, county, state,
822or other public body respecting action to be taken in the
823exercise of any of the powers granted to the authority or in
824furtherance of the objectives of the authority.
825     Section 9.  In addition to and not in limitation of the
826other powers of the authority under law, the authority shall
827have the following powers:
828     (1)  OWNERSHIP AND DISPOSITION OF PROPERTY.--To acquire
829property, real, personal, or mixed, within or without the
830downtown, in fee simple or any lesser interest or estate, by
831purchase, gift, devise, or lease, upon such terms and conditions
832as the board may deem necessary or desirable, and by
833condemnation, provided the board determines that the use or
834ownership of such property is necessary in the furtherance of a
835designated lawful purpose authorized under this law, to acquire
836title to submerged lands and riparian rights and easements or
837rights-of-way, with or without restrictions and within or
838without the limits of the downtown; to make purchase money
839mortgages and trust deeds and other forms of encumbrance on any
840property acquired by the authority and to purchase property
841subject to purchase money mortgages or other encumbrances and to
842assume such other encumbrances; to mortgage, hold, manage,
843control, lease, sell, dedicate, grant, or otherwise dispose of
844the same and of any of the assets and properties of the
845authority, or any interest therein, including easements and
846licenses, with or without consideration.
847     (2)  LEASE OF FACILITIES.--Whenever deemed necessary or
848desirable by the board, to lease as lessor or lessee to or from
849any person, firm, corporation, association, or body, public or
850private, any projects of the type that the authority is
851authorized to undertake and facilities or property of any nature
852for the use of the authority and to carry out any of the
853purposes of the authority, subject to limitation of this act.
854     (3)  REVITALIZATION.--To adopt a plan for the development,
855redevelopment, and revitalization of the downtown, and to modify
856same, and to undertake and carry out such plan, provided it is
857not inconsistent with the city's general plan.
858     (4)  AIRPORT FACILITIES.--To own, acquire, construct,
859reconstruct, equip, operate, maintain, extend, and improve
860airport facilities of all kinds, including, but not limited to,
861land fields, hangars, shops, terminals, buildings, and all other
862facilities necessary or desirable for the landing, taking off,
863operating, servicing, repairing, and parking of aircraft and
864helicopters, and the unloading and handling of passengers, mail,
865express, and freight, together with all necessary appurtenances
866and equipment and all properties, rights, easements, and
867franchises relating thereto and deemed necessary or convenient
868by the board in connection therewith.
869     (5)  RECREATIONAL FACILITIES.--To own, acquire, construct,
870reconstruct, equip, operate, maintain, extend, and improve
871parks, playgrounds, picnic grounds, camping facilities, golf
872courses, athletic fields, marinas, piers, wharves, docks,
873harbors, boating and fishing facilities, swimming pools, bathing
874beaches and other water recreational facilities, stadiums,
875auditoriums, civic centers, aquariums, libraries, museums,
876recreational centers, convention halls and facilities, radio and
877television transmission and receiving stations, community
878antenna television systems, and cultural, recreational, and
879educational buildings, facilities, and projects of all kinds and
880descriptions.
881     (6)  PARKING FACILITIES.--To own, acquire, construct,
882reconstruct, equip, operate, maintain, extend, and improve
883parking facilities, including lots and parking garages, and to
884install parking meters.
885     (7)  ADVERTISING.--To undertake a program of advertising to
886the public in promoting the business, facilities, and
887attractions within the downtown and the projects of the
888authority and to expend monies and undertake such activities to
889carry out such advertising and promotional programs as the board
890from time to time may determine.
891     (8)  TRANSPORTATION.--To own, acquire, construct,
892reconstruct, equip, operate, maintain, extend, and improve
893common, private, or contract carriers, buses, vehicles,
894railroads, monorails, airplanes, helicopters, boats, and other
895transportation facilities whether now or hereafter invented or
896developed, including, without limitation, novel and experimental
897facilities such as moving platforms and sidewalks as may be
898determined from time to time by the board to be useful or
899appropriate to meet the transportation requirements of the
900authority and activities conducted within the downtown and to
901extend such transportation facilities to areas outside the
902downtown in order to provide transportation to and from the
903downtown.
904     (9)  ISSUANCE OF BONDS.--To issue general obligation bonds,
905revenue bonds, assessment bonds, or any other bonds or
906obligations authorized by the provisions of this act or any
907other law or any combination of the foregoing to pay all or part
908of the cost of the acquisition, construction, reconstruction,
909extension, repair, improvement, maintenance, or operation of any
910project or combination of projects; to provide for any facility,
911service, or other activity of the authority; and to provide for
912the retirement or refunding of any bonds or obligations of the
913authority or for any combination of the foregoing purposes.
914     (10)  OTHER POWERS.--In addition to the other powers
915specifically provided in this act, the authority shall have the
916power to own, acquire, construct, reconstruct, equip, operate,
917maintain, extend, and improve such other projects as the board
918may in its discretion find necessary or desirable to accomplish
919the purposes of this act and to exercise all powers necessary,
920convenient, or proper to carry out the purposes of this act.  In
921connection with any of the projects the authority is authorized
922to undertake pursuant to the powers and the authorities vested
923in it by this act, and in order to promote the development and
924utilization of new concepts, designs, and ideas, the authority
925shall have the power to examine into, develop, and utilize new
926concepts, designs, and ideas and to own, acquire, construct,
927reconstruct, equip, operate, maintain, extend, and improve such
928experimental public facilities and services.
929     (11)  ROADS, BRIDGES, LIGHTING, AND RELATED OR SIMILAR
930FACILITIES.--The authority shall have the right and power to
931acquire, open, extend, construct, reconstruct, pave, operate,
932improve, and maintain highways, streets, toll roads and bridges,
933alleys, sidewalks, promenades, boardwalks, malls, esplanades,
934bridges, tunnels, interchanges, underpasses, overpasses,
935causeways, and public thoroughfares of all kinds and
936descriptions (hereinafter collectively and severally referred to
937as "public roads") and connections to and extension of any and
938all existing public roads within the downtown area, deemed
939necessary or convenient by the board to provide access to and
940efficient development of the territory within the downtown, and
941to construct and maintain sidewalks and street lights along
942public roads in the downtown and toll plaza signs and street
943signs, provided that nothing in this law shall be construed to
944give the authority control over city property.
945     (12)  CITY COORDINATION.--No authority plan or project
946shall be inconsistent with the city general plan or any other
947city project, franchise, or facility.  In any case of conflict
948of jurisdiction, power, or function, the city charter shall
949prevail over this law.  Only the city shall have the right under
950this law to object to any plan or project of the authority upon
951the ground of said inconsistency.
952     Section 10.  The board may employ and fix the compensation
953of the following who, in addition to the general counsel, shall
954serve at the pleasure of the board:
955     (1)  A director, who shall be a person of good moral
956character and possessed of a reputation for integrity,
957responsibility, and business ability.  No member of the board
958shall be eligible to hold the position of director.  Before
959entering upon his or her duties of his or her office, the
960director shall take and subscribe to the oath and furnish bond
961as required of members of the board.  He or she shall be the
962chief executive officer of the authority and may be employed on
963either a full-time or part-time basis, at the board's
964discretion.  He or she shall not engage in any other business or
965profession while serving as director unless the board's approval
966is obtained, but he or she may serve as a director or officer of
967any civil organization or corporation which has goals or
968purposes the same as, or similar to, those of the authority.
969Subject to the approval of the board, and direction by it when
970necessary, he or she shall have general supervision over and be
971responsible for the preparation of plans and the performance of
972the functions of the authority in the manner authorized herein.
973 He or she shall attend all meetings of the board.  In the
974absence of the director, the board may designate a qualified
975person to perform the duties of the office as acting director.
976The director shall furnish the board with such information or
977reports governing the operation of the authority as the board
978from time to time may require.
979     (2)  Upon recommendation of the director, such clerical,
980technical, and professional assistance, including, but not
981limited to, engineering, planning, economic research, and other
982fields as shall in the opinion of the board be necessary to
983provide for the efficient performance of the functions of the
984board.
985     (3)  A treasurer, who shall keep the financial records of
986the authority and who, together with the director, shall approve
987all vouchers for the expenditure of funds of the authority.  He
988or she shall perform such other duties as may be delegated to
989him or her by the board.
990     (4)  A secretary, who shall maintain custody of the
991official seal and of all records, books, documents, or other
992papers not required to be maintained by the treasurer.  He or
993she shall attend all meetings of the board and keep a record of
994all its proceedings.  He or she shall perform such other duties
995as may be delegated to him or her by the board.
996     Section 11.  The director shall prepare and submit for the
997approval of the board a budget for the operation of the
998authority for the next fiscal year.  The budget shall conform to
999the fiscal year of the city and shall contain the information
1000required of all city departments.  After approval by the board,
1001a copy of the budget shall be delivered to the city by the
1002director with a statement of the millage required therefor as
1003determined by the board, which millage shall be levied by the
1004city commission not to exceed the limits fixed by law.  The
1005operations of the authority shall be financed from any lawful
1006source, including the following sources:
1007     (1)  Moneys borrowed and to be repaid from other funds
1008received under the authority of this act.
1009     (2)  Donations and contributions to the authority for the
1010performance of its functions from any source, public or private.
1011     (3)  Revenues from the rental, operation, or sale of
1012assets, facilities, and projects of the authority.
1013     (4)  Proceeds of special assessments and an ad valorem tax
1014of property in the downtown area.
1015     Section 12.  The city commission is authorized to levy an
1016ad valorem tax on all downtown real and personal property not
1017exceeding 1 mill on the dollar valuation (as such valuations are
1018assessed for the general ad valorem roll of the city) of such
1019property for the purpose of financing the operation of the
1020authority provided that no tax under this law shall be levied
1021upon property which is exempt from taxation by general or
1022constitutional law.  The city tax collector shall transmit funds
1023so collected to the appropriate officer of the city responsible
1024for the handling of the public money who shall deposit same in
1025the city treasury to the credit of the authority.  Such money
1026shall be used for no purpose other than those purposes
1027authorized herein and only upon approval of the board, pursuant
1028to vouchers signed by the director and the treasurer of the
1029authority.  The funds of the authority shall be secured as other
1030public funds are secured.  Other moneys received by the
1031authority shall forthwith be deposited in the city treasury to
1032the credit of the authority, subject to disbursement as herein
1033authorized.
1034     Section 13.  The city commission shall have the power to
1035assess against the funds of the authority, for the use and
1036benefit of the general fund of the city, a reasonable pro rata
1037share of such funds for the cost of handling and auditing, which
1038assessment when made shall be paid annually by the board
1039pursuant to an appropriate item in the budget.
1040     Section 14.  No board member nor any employee of the board
1041shall vote or otherwise participate in any matter in which he or
1042she has a financial interest, either direct or indirect.  Such
1043indirect financial interest shall not, however, be deemed to
1044include that indirect financial interest which would accrue to
1045all members of the board solely by virtue of being lessees or
1046owners of property in the downtown area, it being the intent
1047hereof that the prohibition herein shall apply in the event a
1048specific indirect financial interest accrues to one rather than
1049to all members.  When such interest shall appear, it shall be
1050the duty of the board member or employee to make such interest
1051known and he or she shall thenceforth refrain from voting on or
1052otherwise participating in the particular transaction involving
1053such interest.  Willful violation of the provisions hereof shall
1054constitute malfeasance on the part of the board and shall be
1055grounds for instant dismissal of any employee.  The board may,
1056in its rules of procedure, provide for automatic forfeiture of
1057office by a board member for violation hereof.  Any transaction
1058involving a conflict of interest, wherein a violation of this
1059section is involved, may be rendered void at the option of the
1060board.
1061     Section 15.  On December 31, 2030, this law shall expire
1062and all assets of the authority shall on or before that date be
1063transferred by the authority to the city.  Any assets remaining
1064in the hands of the authority on December 31, 2030, shall
1065automatically devolve upon and become the property of the city.
1066 In the event there shall be any indebtedness outstanding
1067against the authority, the city may continue to levy whatever
1068portion shall be necessary of the tax authorized by this law to
1069retire such indebtedness.
1070     Section 16.  Bonds.--The board is authorized and empowered
1071in order to provide for and carry out the work of this act to
1072raise funds by the issuance of bonds of the same types and in
1073the same manner with the same power and authority and subject to
1074the same limitations as is now provided by statute for the
1075issuance of bonds by the city, provided that the board and its
1076staff and agents shall perform all of the governmental functions
1077to be done with regard to the bonds.  The aggregate amount of
1078the bonded indebtedness shall at no time exceed 15 percent of
1079the assessed valuation of the taxable property in the downtown
1080area at the time of issuance.  The term of the bonds may exceed
1081beyond the life of the authority if the city shall have agreed
1082to service and pay the bonds after the expiration of the
1083authority.  In that event, after the authority expires, the city
1084shall continue to levy and collect the same special tax which is
1085authorized by this law to be levied and collected for the
1086authority and use the revenue therefrom for the retirement of
1087the bonds and expense necessary in connection with servicing the
1088bonds until the bonds are retired.  Any excess revenue remaining
1089after retirement of the bonds shall be transferred to the
1090general revenue fund of the city and such special tax shall not
1091be levied in any subsequent year.
1092     Section 17.  Eminent domain.--The board shall have the
1093right to acquire by condemnation any interest in real property,
1094including a fee simple title thereto, which it may deem
1095necessary for the action of the authority or for the performance
1096of its lawful functions under this act.  Said authority may
1097exercise the power of eminent domain in the manner provided in
1098chapters 73 and 74, Florida Statutes, and acts amendatory
1099thereof or supplementary thereto, or it may exercise the power
1100of eminent domain in the manner now or which may be hereafter
1101provided by any other statutory provision for the exercise of
1102the power of eminent domain.  Property already devoted to a
1103public use may be acquired in like manner. However, no real
1104property belonging to the state, or any political subdivision
1105thereof, may be acquired without consent.
1106     Section 18.  (1)  CALLING REFERENDA.--Whenever by law or
1107for the convenience of administration of the authority a
1108referendum of electors is needed for the authority, the board
1109shall pass a resolution calling and providing for a referendum
1110to be held in the downtown within 3 months after the date of the
1111resolution.  The resolution shall provide for one or more
1112polling or voting places.  The board shall cause notice of said
1113referendum to be given by publishing said notice for 2
1114consecutive weeks in a newspaper published in the city which is
1115of general circulation in the downtown area.  The first
1116publication shall occur not more than 42 and not less than 21
1117days prior to the date of the referendum.  Said notice shall
1118designate the polling place or places for said referendum.  The
1119board shall make all necessary arrangements for holding the
1120referendum and shall declare the result thereof.  The board
1121shall appoint such inspectors and clerks for each polling place
1122as it deems necessary.  Form of the ballot at such referendum
1123shall be determined by the board.
1124     (2)  CANVAS OF RETURNS; CERTIFICATES OF REFERENDUM.--The
1125result of the voting of each polling place when ascertained
1126shall be certified by return in duplicate, signed by the clerk
1127and by the majority of inspectors of referendum and transmitted
1128to the board at a meeting to be held on a day following the
1129referendum. At said meeting, the board shall canvas the returns
1130and the result as shown by such returns shall be by the board
1131declared to be the result of the referendum.  One copy of the
1132board's declaration, including a copy of the returns of each
1133polling place, shall be promptly filed with the city clerk,
1134together with a copy of proof of publication of the notice of
1135the referendum.
1136     (3)  LEGISLATIVE FINDINGS.--The Legislature finds that the
1137activities and functions of the authority are essentially public
1138works and are not concerned with political or governmental
1139purposes.  For these reasons the authority is denied police
1140powers.  The right to participate in referenda of the authority
1141is more of a private or property right than a public or
1142political right.  It is the purpose of the Legislature to grant
1143to those who will have to pay the costs of the improvements a
1144voice commensurate with that cost.
1145     (4)  ELECTORS OF DOWNTOWN, VOTING.--The referendum shall be
1146conducted with written ballots unless the board by resolution
1147prescribes the use of voting machines.  At the referendum, the
1148duly registered owner of each freehold within the downtown shall
1149represent one share and the owner of each share shall be
1150entitled to one vote for each $10,000 or fraction thereof of the
1151nonexempt assessed valuation of the freehold within the
1152downtown, according to the last certified tax assessment roll of
1153Broward County at the time of the referendum.  In case record
1154title to land is in a trustee, the trustee shall be deemed the
1155owner for the purposes of this law.  Ownership shall not include
1156reversions, remaindermen, trustees other than persons owning a
1157freehold estate as of deed of record, or mortgagees, but they
1158shall be represented by the owner of the freehold estate.  In
1159case of undivided multiple ownership of any sort, a majority (in
1160value) of the registered owner may, by written proxy, designate
1161one person to serve as elector for that share and unless an
1162elector be so designated by the majority, the vote of that share
1163shall not be accepted.  In case of ownership by a corporation,
1164the corporation may, by proxy, designate an elector to vote the
1165ownership of the corporation.  Electors may vote by proxy in
1166writing.  An executed copy of each proxy shall be filed with the
1167clerk by the elector at time of voting under that proxy.
1168     (5)  REGISTRATION OF ELECTORS.--The director shall be the
1169registration officer for the authority and shall register all
1170persons (including corporations) applying to him or her who are
1171qualified as full or part owners of a freehold in the downtown
1172area which is not wholly exempt from taxation.  At the time of
1173registration the applicant shall exhibit to the director
1174evidence of ownership satisfactory to the director, including,
1175in addition, an accurate reference to the official record book
1176and page or other precise place in the public records of Broward
1177County, which the evidence of ownership shall have been duly
1178recorded.  No application for registration shall be accepted
1179whose evidence of ownership is not recorded in the public
1180records (including court records) of Broward County.  The board
1181may designate one or more deputies to be the registration
1182officer in the absence or illness of the director.  In case of
1183application for registration for a share or partial undivided
1184interest in a share already registered in the name of another,
1185the registration officer, upon being satisfied by the evidence
1186exhibited that the ownership has been duly transferred to the
1187new applicant, shall mail a notice of cancellation of
1188registration to the existing registrant at the address shown on
1189the official registration record as the address of the
1190registrant's place of residence (or corporation's principal
1191place of business) notifying the registrant that the
1192registration will be canceled unless, within 10 days after the
1193mailing of such notice, the registrant shall appear in person or
1194by representative in person before the registration officer and
1195show by evidence satisfactory to the registration officer that
1196the registrant still owns all or a part of the share in
1197question.  If no objection in person is received by the
1198registration officer within such 10-day period, he or she shall
1199promptly so notify the new applicant by mail whose registration
1200will be accepted upon renewal of the application within 10 days
1201after the mailing of such notice.  In case timely objection is
1202duly made by the existing registrant, the registration officer
1203shall determine the true ownership on the basis of the evidence
1204reasonably available to him or her and reject or accept the
1205applicant as the circumstances warrant, promptly notifying the
1206existing registrant of the decision.  No application for change
1207of registration for any share shall be accepted within 15 days
1208of the referendum unless accompanied by written consent of the
1209existing registrant, duly acknowledged in the manner required by
1210law for instruments recorded in the public records of the
1211county, and unless applied for before the day of the referendum.
1212 If it shall be made known to the director that an existing
1213registrant has died or he or she has parted with his or her
1214title to the downtown, the director shall issue a notice of
1215cancellation in the same manner as is provided in the case of a
1216new applicant for an existing registrant and the registration
1217shall be canceled in the same manner in the absence of
1218objection, except that the time for objection in such case shall
1219be 30 days.
1220     (6)  EMPLOYMENT OF OUTSIDE AGENCIES.--The board may pay
1221reasonable compensation to the Broward County Supervisor of
1222Elections and the Broward County Property Appraiser for services
1223rendered to the authority in connection with registration for
1224and conduct of a referendum.  The board may also employ the
1225services of an abstract or title company for assistance in
1226ascertaining the identity of ownership.
1227     Section 19.  The authority may provide for the construction
1228or reconstruction of assessable improvements and for the levying
1229of special assessments upon benefited property for the payment
1230thereof under the provisions of this section.
1231     (1)  The initial proceeding under this section shall be the
1232passage by the board of a resolution ordering the construction
1233or reconstruction of such assessable improvements indicating the
1234location by terminal points, routes, or otherwise, and either
1235giving a description of the improvements by their material,
1236nature, character, and size or giving two or more descriptions
1237with the directions that the material, nature, character, and
1238size shall be subsequently determined in conformity with one of
1239such descriptions.  Assessable improvements need not be
1240continuous and may be in more than one locality or street.  The
1241resolution ordering any such improvement may give any short and
1242convenient designation to each improvement ordered thereby, and
1243the property against which assessments are to be made for the
1244cost of such improvement may be designated as an assessment
1245district, followed by a letter or number or name to distinguish
1246it from the other assessment districts, after which it shall be
1247sufficient to refer to such improvement and property by such
1248designation in all proceedings and assessments, except in the
1249notices required by this section.
1250     (2)  As soon as possible after the passage of such
1251resolution, the director shall prepare or cause to be prepared
1252in duplicate plans and specifications for each improvement
1253ordered thereby and an estimate of the cost thereof.  Such cost
1254shall include, in addition to the items of cost as defined in
1255this act, the cost of relaying streets, sidewalks, and other
1256public facilities or conveniences necessarily torn up or damaged
1257and the following items of incidental expenses:
1258     (a)  Printing and publishing notices and proceedings.
1259     (b)  Costs of abstracts of title.
1260     (c)  Any other expense necessary or proper in conducting
1261the proceedings and work provided for in this section, including
1262the estimated amount of discount, if any, upon the sale of
1263assessment bonds or any other obligations issued hereunder for
1264which such special assessments are to be pledged.  If the
1265resolution shall provide alternative descriptions of material,
1266nature, character, and size, such estimate shall include an
1267estimate of the cost of the improvement of each such
1268description.
1269
1270The director shall also prepare or cause to be prepared in
1271duplicate a tentative apportionment of the estimated total cost
1272of the improvement as between the district and each lot or
1273parcel of land subject to special assessment under the
1274resolution, such apportionment to be made in accordance with the
1275provisions of the resolution and in relation to apportionment of
1276cost provided herein for the preliminary assessment roll.  Such
1277tentative apportionment of total estimated cost shall not be
1278held to limit or restrict the duties of the director in the
1279preparation of such preliminary assessment roll.  One of the
1280duplicates of such plans, specifications, and estimates and such
1281tentative apportionment shall be filed with the board and the
1282other duplicate shall be retained by the director in his or her
1283files, all thereof to remain open to public inspection.  In
1284performing the duties of assessment and apportionment of costs,
1285the director may employ and utilize such technical consultants
1286as may be necessary, including, but not limited, to engineers,
1287architects, planners, economists, and appraisers.
1288     (3)  The board upon the filing with it of such plans,
1289specifications, estimates, and tentative apportionment of cost
1290shall publish once in a newspaper or newspapers published or of
1291general circulation in the downtown a notice stating that at a
1292meeting of the board on a certain day and hour, not earlier than
129315 days from such publication, the board will hear objections of
1294all interested persons to the confirmation of such resolution,
1295which notice shall state in brief and general terms a
1296description of the proposed assessable improvements with the
1297location thereof, and shall also state that plans,
1298specifications, estimates, and tentative apportionment of cost
1299thereof are on file with the board.  The board shall keep a
1300record in which shall be inscribed, at the request of any
1301person, firm, or corporation having or claiming to have any
1302interest in any lot or parcel of land or property, the name and
1303post office address of such person, firm, or corporation,
1304together with a brief description or designation of such lot or
1305parcel, and it shall be the duty of the board to mail a copy of
1306such notice to such person, firm, or corporation at such address
1307at least 10 days before the time for the hearing as stated in
1308such notice, but the failure of the board to keep such record or
1309so to inscribe any name or address or to mail any such notice
1310shall not constitute a valid objection to holding the hearing as
1311provided in this section or to any other action taken under the
1312authority of this section.
1313     (4)  At the time named in such notice, or to which an
1314adjournment may be taken by the board, the board shall receive
1315any objections of interested persons and may then or thereafter
1316repeal or confirm such resolution with such amendments, if any,
1317as may be desired by the board and which do not cause any
1318additional property to be specially assessed.
1319     (5)  All objections to any such resolution on the ground
1320that it contains items which cannot be properly assessed against
1321property, or that it is, for any default or defect in the
1322passage or character of the resolution or the plans or
1323specifications or estimates, void or voidable in whole or in
1324part, or that it exceeds the power of the board, shall be made
1325in writing in person or by attorney, and filed with the board at
1326or before the time or adjourned time of such hearing.  Any
1327objections against the making of any assessable improvements not
1328so made shall be considered waived, and if any objection shall
1329be made and overruled or shall not be sustained, the
1330confirmation of the resolution shall be the final adjudication
1331of the issues presented unless proper steps shall be taken in
1332the Circuit Court for the Seventeenth Circuit to secure relief
1333within 20 days.
1334     (6)  Whenever any resolution providing for the construction
1335or reconstruction of assessable improvements and for the levying
1336of special assessments upon benefited property for the payment
1337thereof shall have been confirmed, as hereinabove provided, or
1338at any time thereafter, the board may issue assessment bonds
1339payable out of such assessments when collected.  Said bonds
1340shall mature not later than 2 years after the last installment
1341in which said special assessments may be paid, as provided in
1342subsection (10), and may bear interest.  Such assessment bonds
1343shall be executed, shall have such provisions for redemption
1344prior to maturity, shall be sold in the manner and be subject to
1345all of the applicable provisions contained in this act for
1346revenue bonds, except as the same are inconsistent with the
1347provisions of this section.  The amount of such assessment bonds
1348for any assessable improvement, after the confirmation of the
1349initial resolution, shall not exceed 80 percent of the estimated
1350amount of the cost of such assessable improvements which are to
1351be specially assessed against the land or property to be
1352specially benefited thereby, as shown in the estimates of the
1353director of the authority referred to in subsection (2).  The
1354amount of such assessment bonds for any assessable improvement
1355to be issued, after the confirmation of the preliminary
1356assessment roll provided for in subsection (9), including any
1357assessment bonds theretofore issued, shall not exceed the amount
1358of special assessments actually confirmed and levied by the
1359board as provided in subsection (9). Such assessment bonds shall
1360be payable from the proceeds of the special assessments levied
1361for the assessable improvement for which such assessment bonds
1362are issued, provided, however, that the director may pledge the
1363full faith and credit of the authority for the payment of the
1364principal of and interest on such assessment bonds if the
1365issuance of such assessment bonds shall be approved in the
1366manner provided by law.
1367     (7)  After the passage of the resolution authorizing the
1368construction or reconstruction of assessable improvements has
1369been confirmed as provided in subsection (4), the authority may
1370proceed with the construction or reconstruction work in
1371accordance with the provisions of this act.  Promptly after the
1372completion of the work, the director for the authority, who is
1373hereby designated as the official of the authority to make
1374preliminary assessment of benefits from assessable improvements
1375shall prepare a preliminary assessment roll and file the same
1376with the board, which roll shall contain the following:
1377     (a)  A description of the lots and parcels of land or
1378property within the authority which will benefit from such
1379assessable improvements and the amount of such benefits to each
1380such lot or parcel of land or property, and the preliminary
1381assessment.  Such lots and parcels shall include the property of
1382the county or counties and any school district or other
1383political subdivision within the authority.  There shall also be
1384given the name of the owner of record of each lot or parcel
1385where practicable, and a statement of the method of assessment
1386used by the director.
1387     (b)  The total cost of the improvement and the amount of
1388incidental expense.
1389
1390In making such preliminary assessments, the director may use any
1391method of determining the amount of special benefits accruing to
1392each lot or parcel of land or property from such assessable
1393improvements as shall be approved by the board.  Such special
1394benefits may be based on an area assessment where benefits from
1395such assessable improvements are equal or nearly equal for lands
1396of property in a particular area, front footage, square footage
1397of structures, cubic measurement of structures, potential uses,
1398or any other factors which the board deems fair and equitable as
1399between the different lots or parcels of land or property
1400benefited.  It shall be the duty of the director in making such
1401preliminary assessment roll to view all lots or parcels of land
1402or property to be assessed, and to determine, for the
1403preliminary assessment roll, the amount of benefit which each
1404lot or parcel of land or property will receive from such
1405assessable improvements, under the method or methods prescribed
1406by the board, or any combination thereof.
1407     (8)  The preliminary roll shall be advisory only and shall
1408be subject to the action of the board as hereinafter provided.
1409Upon the filing with the board of the preliminary assessment
1410roll, the board shall publish at least once in a newspaper or
1411newspapers published or of general circulation within the
1412downtown, a notice stating that at a meeting of the board to be
1413held on a certain day and hour, not less than 15 days from the
1414date of such publication, which meeting may be a regular,
1415adjourned, or special meeting, all interested persons may appear
1416and file written objections to the confirmation of such roll.
1417Such notice shall state the class of the assessable improvements
1418and the location thereof by terminal points, route, or
1419otherwise. The board shall also mail a copy of such notice to
1420the persons, firms, or corporations referred to in subsection
1421(3) at least 10 days before the time for the meeting as stated
1422in such notice, but the failure of the board to mail any such
1423notice shall not constitute a valid objection to holding such
1424meeting or to any other action taken under the authority of this
1425section.
1426     (9)  At the time and place stated in such notice, the board
1427shall meet and receive the objections in writing of all
1428interested persons as stated in such notice.  The board may
1429adjourn the hearing from time to time.  After the completion
1430thereof the board shall either annul or sustain or modify in
1431whole or in part the preliminary assessment as indicated on such
1432roll, either by confirming the preliminary assessment against
1433any or all lots or parcels described therein or by canceling,
1434increasing, or reducing the same, according to the special
1435benefits which the board decides each such lot or parcel has
1436received or will receive on account of such improvement.  If any
1437property which may be chargeable under this section shall have
1438been omitted from the preliminary roll, or if the preliminary
1439assessment shall not have been made against it, the board may
1440place on such roll an apportionment to such property.  The board
1441shall not confirm any assessment in excess of the special
1442benefits to the property assessed, and the assessments so
1443confirmed shall be in proportion to the special benefits.  The
1444assessment so made shall be final and conclusive as to each lot
1445or parcel assessed unless proper steps be taken within 30 days
1446in the Circuit Court for the Seventeenth Circuit to secure
1447relief.  If the assessment against any property shall be
1448sustained or reduced or abated by the court, the board shall
1449note that fact on the assessment roll opposite the description
1450of the property affected thereby.  The amount of the special
1451assessment against any lot or parcel which may be reduced or
1452abated by the court, unless the assessment upon the entire
1453authority be reduced or abated, or the amount by which such
1454assessment is so reduced or abated, may by resolution of the
1455board be made chargeable against the authority at large; or, at
1456the discretion of the board, a new assessment roll may be
1457prepared and confirmed in the manner hereinbefore provided for
1458the preparation and confirmation of the original assessment
1459roll.
1460     (10)  Any assessment may be paid at the office of the board
1461within 60 days after the confirmation thereof, without interest.
1462Thereafter all assessments shall be payable at such times, over
1463such period of years not exceeding 20 years, and in such annual
1464or other installments with interest at such rate not exceeding 8
1465percent per annum on the principal amount of such  assessments
1466from the expiration of said 60 days, as the board shall
1467determine by resolution.  The board may provide that any
1468assessment may be paid at any time before due together with
1469interest accrued thereon to the date of prepayment, if such
1470prior payment shall be permitted by the proceedings authorizing
1471any assessment bonds or other obligations for the payment of
1472which such special assessments have been pledged.
1473     (11)  All such special assessments shall be collected by
1474the city tax collector, or by such other officer or agent as the
1475board may designate, at such time or times as the board shall
1476specify in the proceedings authorizing or confirming the special
1477assessments, and if no other time is specified then at the same
1478time as general city taxes are collected in the city.
1479     (12)  All assessments shall constitute a lien upon the
1480property so assessed from the date of confirmation of the
1481resolution ordering the improvement, of the same nature and to
1482the same extent as the lien for general city taxes falling due
1483in the same year or years in which such assessment or
1484installments thereof fall due, and any assessment or installment
1485not paid when due shall be collectible with such interest and
1486with a reasonable attorney's fee and costs, but without
1487penalties, by the authority by proceedings in the Circuit Court
1488for the Seventeenth Circuit to foreclose the lien of
1489assessments, as a lien for mortgages is or may be foreclosed
1490under the laws of the state, provided that any such proceedings
1491to foreclose shall embrace all installments of principal
1492remaining unpaid with accrued interest thereon, which
1493installments shall, by virtue of the institution of such
1494proceedings, immediately become due and payable.  Nevertheless,
1495if prior to any sale of the property under decree of foreclosure
1496in such proceedings, payment be made of the installment or
1497installments which are shown to be due under the provisions of
1498the resolution passed pursuant to subsections (9) and (10), and
1499all costs including interest and attorney's fees, such payment
1500shall have the effect of restoring the remaining installments to
1501their original maturities, and the proceedings shall be
1502dismissed.  It shall be the duty of the authority to enforce the
1503prompt collection of assessments by the means herein provided,
1504and such duty may be enforced at the suit of any holder of bonds
1505issued under this act in the Circuit Court for the Seventeenth
1506Circuit by mandamus or other appropriate proceedings or action.
1507 Not later than 30 days after any installments are due and
1508payable, it shall be the duty of the board to direct the
1509attorney or attorneys whom the board shall then designate to
1510institute action within 2 months after such direction to enforce
1511the collection of all special assessments for assessable
1512improvements made under this section and remaining due and
1513unpaid at the time of such direction.  Such action shall be
1514prosecuted in a manner and under the conditions in and under
1515which mortgages are foreclosed under the laws of the state.  It
1516shall be lawful to join in one action the collection of
1517assessments against any or all property assessed by virtue of
1518the same assessment roll unless the court shall deem such
1519joinder prejudicial to the interests of any defendant.  The
1520court shall allow a reasonable attorney's fee for the attorney
1521or attorneys of the authority, and the same shall be collectible
1522as a part of or in addition to the costs of the action.  At the
1523sale pursuant to decree in any such action, the authority may be
1524a purchaser to the same extent as an individual person or
1525corporation, except that the part of the purchase price
1526represented by the assessments sued upon and the interest
1527thereon need not be paid in cash.  Property so acquired by the
1528authority may be sold or otherwise disposed of, the proceeds of
1529such disposition to be placed in the fund provided by subsection
1530(13) of this section, provided, however, that no sale or other
1531disposition thereof shall be made unless the notice calling for
1532bids therefor to be received at a stated time and place shall
1533have been published at least once in a newspaper or newspapers
1534published or of general circulation in the downtown.
1535     (13)  All assessments and charges made under the provisions
1536of this section for the payment of all or any part of the cost
1537of any assessable improvements for which assessment bonds shall
1538have been issued under the provisions of this law, or which have
1539been pledged as additional security for any other bonds or
1540obligations issued under this act, shall be maintained in a
1541special fund or funds and be used only for the payment of
1542principal or interest on such assessment bonds or other bonds or
1543obligations.
1544     (14)  Subject to the terms of any bonds or other obligation
1545payable from or secured by the assessments provided for herein,
1546the board may at any time and from time to time modify, in whole
1547or in part, or revoke any plan or specification for any
1548assessable improvement.  In connection with the revision of any
1549such plan or specification, benefits may be reassessed or
1550additional assessments made in accordance with the provisions
1551and procedures of this section.  The board may at any time
1552approve and make effective technical changes and modifications
1553of any plan for any improvement not affecting the determination
1554of assessed benefits or the security of bond owners.
1555     Section 20.  Encouragement of private enterprise.--The
1556authority, to the greatest extent it determines to be feasible
1557in carrying out the provisions of this act, shall afford maximum
1558opportunity, consistent with the sound needs of said authority
1559as a whole, to the rehabilitation or redevelopment of the
1560renewal area by private enterprise.  The authority shall give
1561consideration to this objective in exercising its powers under
1562this act, including the approval of renewal plans (consistent
1563with the general plan of the city), the enforcement of
1564restrictions, regulations, and agreements relating to the use of
1565land and the use and occupancy of buildings and improvements,
1566the disposition of any property acquired, and the provision of
1567necessary public improvements.
1568     Section 21.  Workable program.--The authority for the
1569purposes of this act may cooperate with the city, or with
1570Broward County, in the formulation of a workable program for
1571community improvements, utilizing appropriate private and public
1572resources to eliminate and prevent the development or spread of
1573slums and urban blight, to encourage needed urban
1574rehabilitation, to provide for the redevelopment of slum and
1575blighted areas, or to undertake such of the aforesaid activities
1576or other feasible municipal activities as may be suitably
1577employed to achieve the objectives of such workable program.
1578Such workable program may include, without limitation,
1579provisions for:  the prevention of the spread of blight into
1580areas of the authority which are free from blight through
1581diligent enforcement of housing, zoning, and occupancy controls
1582and standards; the rehabilitation or conservation of slum and
1583blighted areas or portions thereof by replanning, removing
1584congestion, providing parks, playgrounds, and other public
1585improvements, by encouraging voluntary rehabilitation, and by
1586compelling the repair and rehabilitation of deteriorated or
1587deteriorating structures; and the clearance and redevelopment of
1588slum and blighted areas or portions thereof.
1589     Section 22.  Renewal projects and plans.--
1590     (1)  The authority shall not approve a renewal project for
1591a renewal area unless the board has, by resolution, determined
1592such area to be a slum area or a blighted area or a combination
1593thereof and designated such area as appropriate for a renewal
1594project.  Said board shall not approve a renewal plan until a
1595general plan for the downtown has been prepared.  For this
1596purpose and other authority purposes, authority is hereby vested
1597in said authority to prepare, to adopt, and to revise from time
1598to time a general plan for the physical development of the
1599downtown as a whole (giving due regard to the environs and
1600metropolitan surroundings), provided, however, that the
1601Legislature finds that all of the requirements of a general plan
1602for the physical development of the downtown have been fulfilled
1603by the Plans and Proposals of either Concepts A or B of the 1967
1604Fort Lauderdale Central Area Study prepared for the authority by
1605Victor Gruen, Architect, F.A.I.A.  The authority may revise said
1606general plan from time to time and may adopt another general
1607plan.
1608     (2)  The authority may prepare or cause to be prepared a
1609renewal plan, or any person or agency, public or private, may
1610submit such a plan to said authority.  Prior to its approval of
1611a renewal project, the board shall submit such plan to the
1612planning board of the city for review and recommendations as to
1613its conformity with the general plan for the development of the
1614city as a whole.  The planning board shall submit its written
1615recommendations with respect to the proposed renewal plan to the
1616authority within 30 days after receipt of the plan for review.
1617Upon receipt of the recommendations of the planning board, or,
1618if no recommendations are received within said 30 days, then
1619without such recommendations, said authority may proceed with
1620the hearing on the proposed renewal project prescribed herein.
1621No person other than the city shall be entitled to raise the
1622question of inconsistency of any plan with the general plan of
1623the city.
1624     (3)  The authority shall hold a public hearing on a renewal
1625project, after public notice thereof by publication in a
1626newspaper having a general circulation in the area of operation
1627of the authority.  The notice shall describe the time, date,
1628place, and purpose of the hearing, shall generally identify the
1629renewal area covered by the plan, and shall outline the general
1630scope of the renewal project under consideration.
1631     (4)  Following such hearing, the authority may approve a
1632renewal project if it finds that:
1633     (a)  A feasible method exists for the location of families
1634who will be displaced from the renewal area in decent, safe, and
1635sanitary dwelling accommodations within their means and without
1636undue hardship to such families.
1637     (b)  The renewal plan conforms to the general plan of the
1638municipality as a whole.
1639     (c)  The renewal plan will afford maximum opportunity,
1640consistent with the sound needs of the municipality as a whole,
1641for the rehabilitation or redevelopment of the renewal area by
1642private enterprise.
1643     (5)  A renewal plan may be modified at any time, provided
1644that if modified after the lease or sale by the authority of
1645real property in the renewal project area, such modification may
1646be conditioned upon such approval of the owner, lessee, or
1647successor in interest as the authority may deem advisable and in
1648any event shall be subject to such rights at law or in equity as
1649a lessee or purchaser, or his or her successor or successors in
1650interest, may be entitled to assert.
1651     (6)  Upon the approval by the authority of a renewal plan
1652or of any modification thereof, such plan or modification shall
1653be deemed to be in full force and effect for the respective
1654renewal area and the authority may then cause such plan or
1655modification to be carried out in accordance with its terms.
1656     (7)  Notwithstanding any other provisions of this act,
1657where the authority certifies that an area is in need of
1658redevelopment or rehabilitation as a result of a flood, fire,
1659hurricane, earthquake, storm, or other catastrophe respecting
1660which the Governor has certified the need for disaster
1661assistance under Public Law 875, Eighty-first Congress, or other
1662federal law, the board may approve a renewal plan and a renewal
1663project with respect to such area without regard to the
1664provisions of subsection (4) of this section and the provisions
1665of this section requiring a general plan for the city and the
1666public hearing on the renewal project.
1667     Section 23.  Powers.--The authority shall have all the
1668powers necessary or convenient to carry out and effectuate the
1669purposes and provisions of this act, including the following
1670powers in addition to others herein granted:
1671     (1)  To undertake and carry out renewal projects within its
1672area of operation; to make and execute contracts and other
1673instruments necessary or convenient to the exercise of its
1674powers under this act; and to disseminate slum clearance and
1675renewal information.
1676     (2)  To provide or to arrange or contract for the
1677furnishing or repair by any person or agency, public or private,
1678of services, privileges, works, streets, roads, public
1679utilities, or other facilities for or in connection with a
1680renewal project; to install, construct, and reconstruct streets,
1681utilities, parks, playgrounds, and other public improvements;
1682and to agree to any conditions that it may deem reasonable and
1683appropriate attached to federal financial assistance and imposed
1684pursuant to federal law relating to the determination of
1685prevailing salaries or wages or compliance with labor standards,
1686in the undertaking or carrying out of a renewal project, and to
1687include in any contract let in connection with such a project
1688provisions to fulfill such of said conditions as it may deem
1689reasonable and appropriate.
1690     (3)  Within its area of operation, to enter into any
1691building or property in any renewal area in order to make
1692inspections, surveys, appraisals, soundings, or test borings,
1693and to obtain an order for this purpose from a court of
1694competent jurisdiction in the event entry is denied or resisted;
1695to acquire by purchase, lease, option, gift, grant, bequest,
1696devise, eminent domain, or otherwise any real property (or
1697personal property for its administrative purposes) together with
1698any improvements thereon; to hold, improve, clear, or prepare
1699for redevelopment any such property; to dispose of any real
1700property; to insure or provide for the insurance of any real or
1701personal property or operation of the authority against any
1702risks or hazards, including the power to pay premiums on any
1703such insurance; and to enter into any contracts necessary to
1704effectuate the purposes of this act provided, however, that no
1705statutory provision with respect to the acquisition, clearance,
1706or disposition of property by public bodies shall restrict the
1707authority in the exercise of such functions with respect to a
1708renewal project, unless the Legislature shall specifically so
1709state.
1710     (4)  To invest any renewal project funds held in reserves
1711or sinking funds or any such funds not required for immediate
1712disbursement, in property or securities in which banks may
1713legally invest funds subject to their control, and to redeem
1714such bonds as have been issued pursuant to this act at the
1715redemption price established therein or to purchase such bonds
1716at less than redemption price, all such bonds so redeemed or
1717purchased to be canceled.
1718     (5)  To borrow money and to apply for and accept advances,
1719loans, grants, contributions, and any other form of financial
1720assistance from the Federal Government, the state, county, city,
1721or other public body, or from any sources, public or private,
1722for the purposes of this act, and to give such security as may
1723lawfully be required and to enter into and carry out contracts
1724in connection therewith.  The authority may include in any
1725contract for financial assistance with the Federal Government
1726for a renewal project such conditions imposed pursuant to
1727federal laws as the authority may deem reasonable and
1728appropriate and which are not inconsistent with the purposes of
1729this act.
1730     (6)  Within its area of operation, to make or have made all
1731surveys and plans necessary to the carrying out of the purposes
1732of this act and to contract with any person, public or private,
1733in making and carrying out such plans and to adopt or approve,
1734modify and amend such plans.  Such plans may include, without
1735limitation:
1736     (a)  A general plan for the locality as a whole.
1737     (b)  Renewal plans.
1738     (c)  Preliminary plans outlining renewal activities for
1739neighborhoods to embrace two or more renewal areas.
1740     (d)  Plans for carrying out a program of voluntary or
1741compulsory repair and rehabilitation of buildings and
1742improvements.
1743     (e)  Plans for the enforcement of state and local laws,
1744codes, and regulations relating to the use of land and the use
1745and occupancy of buildings and improvements and to the
1746compulsory repair, rehabilitation, demolition, or removal of
1747buildings and improvements.
1748     (f)  Appraisals, title searches, surveys, studies, and
1749other plans and work necessary to prepare for the undertaking of
1750renewal projects.  The authority is authorized to develop, test,
1751and report methods and techniques, and carry out demonstrations
1752and other activities, for the prevention and the elimination of
1753slums and blight and to apply for, accept, and utilize grants of
1754funds from the Federal Government for such purposes.
1755     (7)  To prepare plans for the relocation of persons,
1756including families, business concerns, and others, displaced by
1757a renewal project, and to make relocation payments to or with
1758respect to such persons for moving expenses and losses of
1759property for which reimbursement or compensation is not
1760otherwise made, including the making of such payments financed
1761by the Federal Government.
1762     (8)  To appropriate such funds and make such expenditures
1763as may be necessary to carry out the purposes of this act, and
1764to levy taxes and assessments for such purposes, subject to
1765millage limitations of this act and the State Constitution.
1766     (9)  To plan or replan streets, roads, sidewalks, ways, or
1767other places and to plan or replan any part of the downtown.
1768     (10)  Within its area of operation, to organize,
1769coordinate, and direct the administration of the provisions of
1770this act as they apply to such authority in order that the
1771objective of remedying slum and blighted areas and preventing
1772the causes thereof within such authority may be most effectively
1773promoted and achieved, and to establish such new office or
1774offices of the authority or to reorganize existing offices in
1775order to carry out such purpose most effectively.
1776     (11)  To exercise all or any part or combination of powers
1777herein granted.
1778     Section 24.  Disposal of property in renewal area.-
1779     (1)  The authority may sell, lease, or otherwise transfer
1780real property or any interest therein acquired by it, and may
1781enter into contracts with respect thereto, in a renewal area for
1782residential, recreational, commercial, industrial, or other uses
1783or for public use, or may retain such property or interest for
1784public use, in accordance with the renewal plan, subject to such
1785covenants, conditions, and restrictions, including covenants
1786running with the land, as may be deemed to be necessary or
1787desirable to assist in preventing the development or spread of
1788future slums or blighted areas or to otherwise carry out the
1789purposes of this act, provided that such sale, lease, other
1790transfer, or retention, and any agreement relating thereto, may
1791be made only after the approval of the renewal plan by the
1792board.  The purchasers or lessees and their successors and
1793assigns shall be obligated to devote such real property only to
1794the uses specified in the renewal plan, and may be obligated to
1795comply with such other requirements as the authority may
1796determine to be in the renewal plan, and may be obligated to
1797comply with such other requirements as the authority may
1798determine to be in the public interest, including the obligation
1799to begin within a reasonable time any improvements on such real
1800property required by the renewal plan.  Such real property or
1801interest shall be sold, leased, otherwise transferred, or
1802retained at not less than its fair value for uses in accordance
1803with the renewal plan. In determining the fair value of real
1804property for uses in accordance with the renewal plan, the
1805authority shall take into account and give consideration to the
1806uses provided in such plan; the restrictions upon, and the
1807covenants, conditions, and obligations assumed by, the purchaser
1808or lessee or by the authority retaining the property; and the
1809objectives of such plan for the prevention of the recurrence of
1810a slum or blighted areas. The authority in any instrument of
1811conveyance to a private purchaser or lessee may provide that
1812such purchaser or lessee, shall be without power to sell, lease,
1813or otherwise transfer the real property without the prior
1814written consent of the authority until he or she has obligated
1815himself or herself to construct thereon.  Real property acquired
1816by the authority which, in accordance with the provisions of the
1817renewal plan, is to be transferred shall be transferred as
1818rapidly as feasible in the public interest consistent with the
1819carrying out of the provisions of the renewal plan.  Any
1820contract for such transfer and the renewal plan (or such part or
1821parts of such contract or plan as the authority may determine)
1822may be recorded in the office of the Clerk of the Circuit Court
1823of Broward County.
1824     (2)  The authority may dispose of real property in a
1825renewal area to private persons only under such reasonable
1826competitive bidding procedures as it shall prescribe or as
1827hereinafter provided in this subsection.  The authority may, by
1828public notice by publication in a newspaper having a general
1829circulation in the community (30 days prior to the execution of
1830any contract to sell, lease, or otherwise transfer real property
1831and prior to the delivery of any instrument of conveyance with
1832respect thereto under the provisions of this section) invite
1833proposals from and make available all pertinent information to
1834private redevelopers or any persons interested in undertaking to
1835redevelop or rehabilitate a renewal area, or any part thereof.
1836Such notice shall identify the area, or portion thereof, and
1837shall state that proposals shall be made by those interested
1838within 30 days after the date of publication of said notice, and
1839that such further information as is available may be obtained at
1840such office as shall be designated in said notice.  The
1841authority shall consider all such redevelopment or
1842rehabilitation proposals and the financial and legal ability of
1843the persons making such proposals to carry them out, and may
1844negotiate with any persons for proposals for the purchase,
1845lease, or other transfer of any real property acquired by the
1846authority in the renewal area.  The authority may accept such
1847proposal as it deems to be in the public interest and in
1848furtherance of the purposes of this act,  provided that a
1849notification of intention to accept such proposal shall be filed
1850with the board not less than 30 days prior to such acceptance.
1851Thereafter, the authority may execute such contract in
1852accordance with the provisions of subsection (1) and deliver
1853deeds, leases, and other instruments and take all steps
1854necessary to effectuate such contract.
1855     (3)  The authority may temporarily operate and maintain
1856real property acquired in a renewal area pending the disposition
1857of the property as authorized in this act, without regard to the
1858provisions of subsection (1), for such uses and purposes as may
1859be deemed desirable even though not in conformity with the
1860renewal plan.
1861     Section 25.  Issuance of bonds.-
1862     (1)  The authority shall have the power to issue bonds from
1863time to time in its discretion to finance the undertaking of any
1864renewal project under this act, including without limiting the
1865generality thereof, the payment of principal and interest upon
1866any advances for surveys and plans, and shall also have power to
1867issue refunding bonds for the payment or retirement of such
1868bonds previously issued by it.  Such bonds may be made payable
1869as to bond principal and interest, from the income, proceeds,
1870revenues, and funds of the authority derived from or held in
1871connection with its undertaking and carrying out of renewal
1872projects under this act, provided, however, that payment of such
1873bonds, both as to principal and interest, may be further secured
1874by a pledge of any loan, grant, or contribution from the Federal
1875Government or other source, in aid of any renewal projects of
1876the authority under this act.
1877     (2)  Bonds issued under this section shall not constitute
1878an indebtedness within the meaning of any constitutional or
1879statutory debt limitation or restriction, and shall not be
1880subject to the provisions of any other law or charter relating
1881to the authorization, issuance, or sale of bonds.  Bonds issued
1882under the provisions of this act are declared to be issued for
1883an essential public and governmental purpose and, together with
1884interest thereon and income therefrom, shall be exempted from
1885all taxes.
1886     (3)  Bonds issued under this section shall be authorized by
1887resolution or ordinance of the board and may be issued in one or
1888more series and shall bear such date or dates, be payable upon
1889demand or mature at such time or times, bear such interest, be
1890in such denomination or denominations, be in such form either
1891coupon or registered, carry such conversion or registration
1892privileges, have such rank or priority, be executed in such
1893manner, be payable in such medium of payment, at such place or
1894places, and be subject to such terms of redemption (with or
1895without premium), be secured in such manner, and have such other
1896characteristics as may be provided by such resolution or trust
1897indenture or mortgage issued pursuant thereto.
1898     (4)  Such bonds may be sold at not less than par at public
1899sales held after notice published prior to such sale in a
1900newspaper having a general circulation in the area of operation
1901and in such other medium of publications as the authority may
1902determine or may be exchanged for other bonds on the basis of
1903par, provided that such bonds may be sold to the Federal
1904Government at private sale at not less than par and, in the
1905event less than all of the authorized principal amount of such
1906bonds is sold to the Federal Government, the balance may be sold
1907at private sale at not less than par at an interest cost to the
1908authority not to exceed the interest cost to the authority of
1909the portion of the bonds sold to the Federal Government.
1910     (5)  In case any of the public officials of the authority
1911whose signatures appear on any bonds or coupons issued under
1912this act shall cease to be such officials before the delivery of
1913such bonds, such signatures shall, nevertheless, be valid and
1914sufficient for all purposes, the same as if such officials had
1915remained in office until such delivery.  Any provisions of any
1916law to the contrary notwithstanding, any bonds issued pursuant
1917to this act shall be fully negotiable.
1918     (6)  In any suit, action, or proceeding involving the
1919validity or enforceability of any bond issued under this act or
1920the security therefor, any such bond reciting in substance that
1921it has been issued by the authority in connection with a renewal
1922project, as herein defined, shall be conclusively deemed to have
1923been issued for such purpose and such project shall be
1924conclusively deemed to have been planned, located, and carried
1925out in accordance with the provisions of this act.
1926     Section 26.  Bonds as legal investments.--All banks, trust
1927companies, bankers, savings banks and institutions, building and
1928loan associations, savings and loan associations, investment
1929companies, and all other persons carrying on a banking or
1930investment business; all insurance companies, insurance
1931associations, and other persons carrying on an insurance
1932business; and all executors, administrators, curators, trustees,
1933and other fiduciaries may legally invest any sinking funds,
1934moneys, or other funds belonging to them or within their control
1935in any bonds or other obligations issued by the authority
1936pursuant to this act, provided that such bonds and other
1937obligations shall be secured by an agreement between the issuer
1938and the Federal Government in which the issuer agrees to borrow
1939from the Federal Government and the Federal Government agrees to
1940lend to the issuer, prior to the maturity of such bonds or other
1941obligations, moneys in an amount which (together with any other
1942moneys irrevocably committed to the payment of interest on such
1943bonds or other obligations) will suffice to pay the principal of
1944such bonds or other obligations with interest to maturity
1945thereon, which moneys under the terms of said agreement are
1946required to be used for the purpose of paying the principal of
1947and the interest on such bonds or other obligations at their
1948maturity.  Such bonds and other obligations shall be authorized
1949security for all public deposits.  It is the purpose of this
1950section to authorize any persons, political subdivisions, and
1951officers, public or private, to use any funds owned or
1952controlled by them for the purpose of any such bonds or other
1953obligations.  Nothing contained in this section with regard to
1954legal investments shall be construed as relieving any person of
1955any duty of exercising reasonable care in selecting securities.
1956     Section 27.  Property tax exemption.--
1957     (1)  All property of the authority, including funds, owned
1958or held by it for the purposes of this act shall be exempt from
1959levy and sale by virtue of an execution, and no execution or
1960other judicial process shall issue against the same, nor shall
1961judgment against the authority be a charge or lien upon such
1962property, provided, however, that the provisions of this section
1963shall not apply to or limit the right of obligees to pursue any
1964remedies for the enforcement of any pledge or lien given
1965pursuant to this act by the authority on its rents, fees,
1966grants, or revenues from renewal projects.
1967     (2)  The property of the authority, acquired or held for
1968the purposes of this act, is declared to be public property used
1969for essential public and governmental purposes and such property
1970shall be exempt from all taxes of the municipality, the county,
1971the state, or any political subdivision thereof, provided that
1972such tax exemption shall terminate when the authority sells,
1973leases, or otherwise disposes of such property in a renewal area
1974to a purchaser or lessee which is not a public body entitled to
1975tax exemption with respect to such property.
1976     Section 28.  Cooperation by public bodies.--
1977     (1)  For the purpose of aiding in the planning,
1978undertaking, or carrying out of a renewal project located within
1979the area in which it is authorized to act, any public body may,
1980upon such terms, with or without consideration, as it may
1981determine:
1982     (a)  Dedicate, sell, convey, or lease any of its interest
1983in any property or grant easements, licenses, or other rights or
1984privileges therein to the authority.
1985     (b)  Incur the entire expense of any public improvements
1986made by such public body in exercising the powers granted in
1987this section.
1988     (c)  Do any and all things necessary to aid or cooperate in
1989the planning or carrying out of a renewal plan.
1990     (d)  Lend, grant, or contribute funds to said authority.
1991     (e)  Enter into agreements (which may extend over any
1992period, notwithstanding any provision or rule of law to the
1993contrary) with said authority or other public body respecting
1994action to be taken pursuant to any of the powers granted by this
1995act, including the furnishing of funds or other assistance in
1996connection with a renewal project.
1997     (f)  Cause public buildings and public facilities,
1998including parks and playgrounds, recreational, community,
1999educational, water, sewer, or drainage facilities, or any other
2000works which it is otherwise empowered to undertake or to be
2001furnished, furnish, dedicate, close, vacate, pave, install,
2002grade, regrade, plan, or replan streets, roads, sidewalks, ways,
2003or other places; plan or replan or zone or rezone any part of
2004the public body or make exceptions from building regulations;
2005and cause administrative and other services to be furnished to
2006the authority.
2007
2008If at any time title to or possession of any renewal project is
2009held by any public body or governmental agency, other than the
2010authority, which is authorized by law to engage in the
2011undertaking, carrying out, or administration of renewal projects
2012(including any agency or instrumentality of the United States of
2013America), the provisions of the agreements referred to in this
2014section shall inure to the benefit of, any may be enforced by,
2015such public body or governmental agency.
2016     (2)  Any sale, conveyance, lease, or agreement provided for
2017in this section may be made by a public body without appraisal,
2018public notice, advertisement, or public bidding.
2019     (3)  For the purpose of aiding in the planning,
2020undertaking, or carrying out of a renewal project of the
2021authority hereunder, the city may (in addition to its other
2022powers and upon such terms, with or without consideration, as it
2023may determine) do and perform any or all of the actions or
2024things which, by the provisions of subsection (1), a public body
2025is authorized to do or perform, including the furnishing of
2026financial and other assistance.
2027     (4)  For the purposes of this section, or for the purpose
2028of aiding in the planning, undertaking, or carrying out of a
2029renewal project of the authority, said authority may in addition
2030to any other authority to issue bonds pursuant to this act issue
2031and sell its general obligation bonds. Any bonds issued by the
2032authority pursuant to this section shall be issued in the manner
2033and within the limitations prescribed by the laws of this state
2034for the issuance and authorization of bonds by such authority
2035for public purposes generally, except as to constitutional
2036requirements.
2037     Section 29.  Title of purchaser.--Any instrument executed
2038by the authority and purporting to convey any right, title, or
2039interest in any property under this act shall be conclusively
2040presumed to have been executed in compliance with the provisions
2041of this act insofar as title or other interest of any bona fide
2042purchaser, lessee, or transferee of such property is concerned.
2043     Section 30.  Maximum millage.--The maximum millage of the
2044ad valorem tax authorized to be levied to finance the operation
2045of the authority may be increased by the board so as to be any
2046rate not exceeding 10 mills which shall have been approved by
2047vote of the majority of those voting in a referendum in which
2048those participating are limited to the electors of the downtown
2049who at the time of the referendum are owners of freeholds in the
2050downtown not wholly exempt from taxation and who are then duly
2051registered for an authority referendum as authorized by this
2052act.
2053     Section 31.  Severability.--If any section, clause,
2054sentence, or provision of this act or the application of such
2055section, clause, sentence, or provision to any person or bodies
2056or under any circumstances shall be held to be inoperative,
2057invalid, or unconstitutional, the invalidity of such section,
2058clause, sentence, or provision shall not be deemed, held, or
2059taken to affect the validity or constitutionality of any of the
2060remaining parts of this act, or the application of any of the
2061provisions of this act to persons, bodies, or in circumstances
2062other than those as to which it or any part thereof shall have
2063been inoperative, invalid, or unconstitutional, and it is
2064intended that this act shall be construed and applied as if any
2065section, clause, sentence, or provision held inoperative,
2066invalid, or unconstitutional had not been included in this act.
2067     Section 32.  Liberal construction.--The provisions of this
2068act shall be liberally construed to effect its purposes and
2069shall be deemed cumulative, supplemental and alternative
2070authority for the exercise of the powers provided herein.
2071     Section 33.  This act shall be known and may be cited as
2072the "Fort Lauderdale Downtown Development Authority Law."
2073     Section 34.  (1)  TRUST FUND; CREATION, DURATION, USE, AND
2074TERMINATION.--
2075     (a)  There is established a fund to be known as the
2076Redevelopment Trust Fund of the Downtown Development Authority
2077of the City of Fort Lauderdale.  In addition to any other funds
2078available to the authority, funds allocated to and deposited
2079into said redevelopment trust fund may be used by the authority,
2080subject to prior approval by the board of trustees and pursuant
2081to the provisions of this act, to finance or refinance all or
2082part of the cost of construction or acquisition of any project
2083now or hereafter undertaken by the authority individually or
2084with or by any other governmental entity.
2085     (b)  Anything to the contrary notwithstanding, the
2086redevelopment trust fund shall not come into existence until
2087this act has been approved by an ordinance adopted by the Board
2088of County Commissioners of Broward County and by an ordinance
2089adopted by the City Commission of the City of Fort Lauderdale.
2090Upon the final adoption and passage of such ordinance by the
2091Board of County Commissioners of Broward County and the City
2092Commission of the City of Fort Lauderdale, the redevelopment
2093trust fund shall thereafter continue in full force and effect in
2094accordance with all of the terms and provisions this act.
2095     (c)  If the Downtown Development Authority of the City of
2096Fort Lauderdale ceases to exist, the redevelopment trust fund
2097shall be dissolved, and all funds previously deposited therein
2098by a taxing authority together with a pro rata share of any
2099interest having accrued thereon shall be returned to such taxing
2100authority, after the indebtedness outstanding against the
2101authority is retired and any expenses incurred in servicing the
2102indebtedness is paid, provided, however, that in no event shall
2103the redevelopment trust fund continue to exist after the payment
2104in full of such indebtedness and expenses incurred in servicing
2105the indebtedness.
2106     (d)  The term of bonds issued in accordance with section 16
2107of this act, for which the development trust fund has been
2108pledged, may extend beyond the life of the redevelopment trust
2109fund if the City of Fort Lauderdale and Broward County have
2110agreed to service and pay such bonds after the expiration of the
2111fund.  In such an event, after the redevelopment trust fund
2112expires, the county shall continue to levy and collect the tax
2113authorized by this law and use the revenue therefrom to retire
2114the bonds and to pay any expenses necessary for servicing the
2115bonds until the bonds are retired.  Any excess revenue remaining
2116after the bonds are retired, together with a pro rata share of
2117any interest having accrued thereon, shall be returned to the
2118taxing authorities.
2119     (2)  FUNDING.--The funding of the redevelopment trust fund
2120shall take place annually commencing with the ad valorem taxes
2121levied and assessed for the year 1980, or the year in which the
2122ordinances provided for in paragraph (b) of subsection (2) are
2123adopted by the County Commission of Broward County and the City
2124Commission of the City of Fort Lauderdale, whichever shall occur
2125last.  The funding of the redevelopment trust fund shall not
2126exceed that amount equal to the difference between:
2127     (a)  The amount of ad valorem taxes levied each year by or
2128for all taxing authorities, except school districts and the
2129authority, on its buildings, fixtures, and other improvements
2130upon taxable real property contained within the geographic
2131boundaries of the renewal area; and
2132     (b)  The amount of ad valorem taxes which would have been
2133produced at the rate upon which the ad valorem taxes are levied
2134each year or for all taxing authorities, except school districts
2135and the authority, upon the total of the assessed value of all
2136building fixtures, and other improvements upon taxable real
2137property in the renewal area, which building, fixtures, and
2138improvements appeared and were listed upon the most recent tax
2139assessment roll used by each taxing authority, except school
2140districts and the authority, prior to the effective date of this
2141act.  Taxes levied and assessed on the real property upon which
2142such buildings, fixtures, and improvements are located shall not
2143be included in the annual funding calculation of the
2144redevelopment trust fund.
2145     (3)  ANNUAL APPROPRIATION.--
2146     (a)  For the first 5 years during which the redevelopment
2147trust fund is in existence, each taxing authority, except school
2148districts and the authority, shall annually appropriate from any
2149available funds a sum which is not less in amount than the
2150increment of ad valorem tax revenues, as defined and determined
2151in subsection (3) accruing to said taxing authority.
2152     (b)  During each year subsequent to the fifth year of the
2153existence of the redevelopment trust fund, each taxing
2154authority, except school districts and the authority, shall, on
2155a pro rata basis, appropriate to said fund a sum which is no
2156less than the amount determined by the board to be necessary
2157during the next fiscal year in order to provide for payment of
2158any bonds, loans, advances, undertakings, or indebtedness, plus
2159interest accruing thereon, or any other financial obligation
2160approved by the board and to the payment of which redevelopment
2161trust funds have been pledged or committed. The redevelopment
2162trust fund budget for each fiscal year shall be prepared and
2163approved by the board and trustees and a copy thereof shall be
2164furnished to each taxing authority, except school districts, at
2165least 30 days prior to the first day of such fiscal year.  The
2166ad valorem tax revenues as defined and determined in subsection
2167(3) accruing to such authorities.
2168     (c)  The obligation of the taxing authorities, except
2169school districts and the authority, to make annual
2170appropriations to the fund shall continue so long as the
2171authority exists, or until all bonds, loans, advances, and
2172indebtedness, or interest thereof, incurred by the authority
2173under this act, and for which redevelopment trust funds have
2174been pledged have been paid, provided that such obligation shall
2175be imposed on the annual tax increment calculated in accordance
2176with subsection (3) is greater than zero.
2177     (4)  BOARD OF TRUSTEES.--
2178     (a)  The redevelopment Trust Fund of the Downtown
2179Development Authority of the City of Fort Lauderdale shall be
2180subject to the jurisdiction, administration, and control of a
2181board of trustees consisting of five members.
2182     (b)   Within 30 days after the board of County
2183Commissioners of Broward County adopts the ordinance approving
2184the act, the board of County Commissioners of Broward County
2185shall appoint two of its members to the board of trustees, the
2186City Commission of the City of Fort Lauderdale shall appoint two
2187members of its commission to the board of trustees, and the
2188Downtown Development Authority of the City of Fort Lauderdale,
2189shall appoint one member of the board of trustees.  All
2190appointments shall be by resolution.  The terms of office of a
2191member of the board of trustees shall be 1 year from the date of
2192appointment.  A vacancy occurring during a term shall be filled
2193for the unexpired portion of the terms by the governing body
2194which made the original appointment.  A member of the board of
2195trustees shall continue to serve until his or her successor has
2196been appointed.  Decisions of the board of trustees shall be
2197made on the affirmative vote of a majority of its members.
2198     (c)  The board of trustees shall control, operate, and
2199administer the Redevelopment Trust Fund of the Downtown
2200Development Authority of the City of Fort Lauderdale as provided
2201in this section.  No project for which redevelopment trust funds
2202are to be used shall be undertaken unless first approved by a
2203resolution of the board of trustees.  Any such project shall be
2204acquired, constructed, and operated in accordance with the
2205provisions of such resolution and shall not be conveyed by the
2206authority to any person unless such conveyance is first approved
2207by a resolution of the board of trustees.  The board of trustees
2208may attach such conditions to the approval of such project as
2209the board of trustees deems necessary.  The authority shall not
2210pledge funds in the redevelopment trust fund for the payment of
2211any bond, loan, advance, or indebtedness, unless the authority
2212has, by a resolution, pledged said funds for the time during
2213which any such bond, loan, advance, or indebtedness, or any
2214interest thereon, remains unpaid.
2215     (5)  REVENUE BONDS AND NOTES.--
2216     (a)  Revenue bonds and notes of every issue under this
2217section shall be payable solely out of revenues deposited in the
2218authority's development trust fund.  The lien created by such
2219revenue bonds and notes shall not attach until the revenues
2220referred to herein are deposited in the authority's
2221redevelopment trust fund at the times and to the extent that
2222such revenues accrue.  The holders of such revenue bonds and
2223notes shall have no right to require or compel the imposition of
2224any tax or the establishment of any rate of taxation for which
2225to provide for the payment of such revenue bonds and notes.
2226     (b)  Revenue bonds and notes issued under the provisions of
2227this section shall not constitute a debt, liability, or
2228obligation of the authority, Broward County, the City of Fort
2229Lauderdale, or the state or any political subdivision thereof,
2230or a pledge of the faith or credit of Broward County, the City
2231of Fort Lauderdale, or the state or any political subdivision
2232thereof, but shall be payable solely from the redevelopment
2233trust fund as provided for in this section.  All such revenue
2234bonds and notes shall contain on the face thereof a statement to
2235the effect that the authority shall not be obligated to pay the
2236same or the interest thereon except from the redevelopment trust
2237fund of the authority held for that purpose and that neither the
2238faith nor credit nor the taxing power of the authority, Broward
2239County, the City of Fort Lauderdale, or the state or any
2240political subdivision thereof is pledged to the payment of
2241principal or interest on such revenue bonds and notes.
2242     (c)  Revenue bonds and notes issued under the provisions of
2243this section shall not be included in the computation of any
2244limitation or the amount of bonded indebtedness which the
2245authority may incur under other sections of this act.
2246     (6)  REVENUE BONDS, PLEDGE OF REDEVELOPMENT TRUST FUNDS AND
2247BONDS AS LEGAL INVESTMENTS.--Bonds issued under this section
2248shall be authorized by resolution of the board of trustees.
2249They may be issued in one or more series and shall bear such
2250date or dates, be payable upon demand or mature at such time or
2251times, bear interest at such rate or rates, be in such
2252denomination or denominations, be either with or without coupon
2253or registered, carry such conversion or registration privileges,
2254have such rank or priority, be executed in such manner, be
2255payable in such medium of payment at such place or places, be
2256subject to such terms of redemption (with or without premium),
2257be secured in such manner, and have such other characteristics
2258as may be provided by such resolution or trust indenture or
2259mortgage issued pursuant thereto.  Bonds issued under this
2260section may be sold in such manner, either at public or private
2261sale, and for such price as the board of trustees may determine
2262will effectuate the purpose of this section.
2263     Section 4.  If any provision of this act or the application
2264thereof to any person or circumstance is held invalid, the
2265invalidity shall not affect the provisions or applications of
2266the acts which can be given effect without the invalid provision
2267or application, and to this end the provisions of this act are
2268declared severable.
2269     Section 5.  Chapters 65-1541, 67-1385, 69-1056, 75-371, 80-
2270501, 85-393, 87-507, 89-431, 92-247, 93-392, and 95-531, Laws of
2271Florida, are repealed.
2272     Section 6.  This act shall take effect upon becoming a law.


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