Senate Bill sb2746

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    Florida Senate - 2005        (NP)                      SB 2746

    By Senator Campbell





    32-1883-05                                         See HB 1361

  1                      A bill to be entitled

  2         An act relating to the Performing Arts Center

  3         Authority, Broward County; codifying,

  4         reenacting, amending, and repealing special

  5         acts relating to the authority; providing that

  6         the authority is a public body, corporate and

  7         politic; providing purposes; providing

  8         membership and organization; providing

  9         definitions; providing for the method and

10         manner of the appointment of the authority and

11         terms of the authority's membership; providing

12         for reimbursement of members' expenses;

13         providing for removal of members; providing for

14         the organization, powers, functions, financing,

15         privileges, duties, and responsibilities of the

16         authority; providing for competitive bidding in

17         certain instances; authorizing the acquisition

18         of certain property acquired by eminent domain;

19         providing for budget approval by the Broward

20         County Commission and the Fort Lauderdale City

21         Commission; providing for the issuance of

22         revenue bonds by the authority to carry out the

23         purposes of this act; providing for sources of

24         revenues for paying for the construction of

25         facilities, the administrative expenses of the

26         authority, and said revenue bonds; authorizing

27         appropriations by the county, the city, and

28         other governmental units in Broward County for

29         operation and maintenance of said facilities;

30         providing for public or private subscriptions;

31         providing for the issuance of a license to sell

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    Florida Senate - 2005        (NP)                      SB 2746
    32-1883-05                                         See HB 1361




 1         alcoholic beverages for on-premise consumption;

 2         providing severability; providing an effective

 3         date.

 4  

 5  Be It Enacted by the Legislature of the State of Florida:

 6  

 7         Section 1.  Pursuant to section 189.429, Florida

 8  Statutes, this act constitutes the codification of all special

 9  acts relating to the Performing Arts Center Authority. It is

10  the intent of the Legislature in enacting this law to provide

11  a single comprehensive special act charter for the performing

12  arts center authority, including all current legislative

13  authority granted to the Performing Arts Center Authority by

14  its several legislative enactments and additional authority

15  granted by this act. It is the further intent of the

16  Legislature that this act preserve all of the authority's

17  powers in addition to any authority contained in chapter 189,

18  Florida Statutes, as amended from time to time.

19         Section 2.  Chapters 84-396, 85-389, 92-268, and

20  93-371, Laws of Florida, are codified, reenacted, amended, and

21  repealed as herein provided.

22         Section 3.  The Performing Arts Center Authority is

23  re-created and reenacted to read:

24         Section 1.  Performing Arts Center Authority.--There is

25  hereby created and established the Performing Arts Center

26  Authority, hereinafter referred to as the "authority," a

27  public body, politic and corporate, in Broward County, for the

28  purpose of planning, promoting, developing, constructing,

29  acquiring, owning, reconstructing, extending, enlarging,

30  repairing, remodeling, improving, relocating, equipping,

31  maintaining, and operating facilities for holding any type of

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    Florida Senate - 2005        (NP)                      SB 2746
    32-1883-05                                         See HB 1361




 1  cultural, tourism, or promotional event, civic, recreational,

 2  or similar event or activity. Such purpose is hereby deemed to

 3  be a public purpose the fulfillment of which is an urgent

 4  public necessity.

 5         Section 2.  Membership and organization.--

 6         (1)  The authority shall consist of 13 members, each

 7  serving a term of 4 years, except for the initial appointees,

 8  of whom six shall serve terms of 2 years, and seven shall

 9  serve terms of 4 years, as hereinafter provided. The members

10  shall, insofar as practical, be representatives of civic,

11  cultural, recreational, business, and social interests. Five

12  members of the authority shall be selected by the Board of

13  County Commissioners of Broward County, and of the five

14  members selected by the board of county commissioners, at

15  least one member of the five selected shall be a minority

16  person as defined in section 288.703(3), Florida Statutes. Two

17  members shall be selected by the Commission of the City of

18  Fort Lauderdale, one member shall be selected by the Downtown

19  Development Authority, one member shall be selected by the

20  Broward County School Board, and four members shall be

21  selected by the Broward Performing Arts Foundation, at least

22  one of whom shall be a minority person as defined in section

23  288.703(3), Florida Statutes.

24         (2)  The initial appointments to the authority shall be

25  made as soon as practicable after this act takes effect. The

26  results of all appointments and removals shall be immediately

27  certified to the authority.

28         (3)  All members of the authority at the time of their

29  appointment and during the term of their membership shall be

30  permanent residents of Broward County. The members shall not

31  receive any compensation for their services, except that they

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    Florida Senate - 2005        (NP)                      SB 2746
    32-1883-05                                         See HB 1361




 1  may be reimbursed for actual, necessary expenses that they

 2  incur in the performance of their duties under this act. Each

 3  member, unless removed as provided in this act, shall serve

 4  until his or her successor is appointed and qualified. A

 5  member appointed by a governmental unit may be removed by that

 6  governmental unit for just cause by a majority vote of the

 7  governmental unit. A vacancy shall be filled for the member's

 8  unexpired term as soon as practicable after the vacancy occurs

 9  by the governmental unit that appointed the member. Before

10  entering upon the duties of office, each member shall take an

11  oath to faithfully discharge the duties of his or her office,

12  shall take any other oath required by law, and shall file a

13  signed copy of such oath with the Clerk of the Circuit Court

14  of Broward County. A majority of the membership of the

15  authority shall constitute a quorum. A vacancy on the

16  authority shall not impair the rights of a quorum to exercise

17  all the rights and perform all the duties of the authority.

18         (4)  The authority shall organize as soon as

19  practicable after the effective date of this act. The

20  authority shall by majority vote elect a chair and such other

21  officers as the authority provides for in its bylaws. The

22  authority may create such other offices as it deems necessary

23  to accomplish the purpose of this act. The authority may, by

24  two-thirds vote of its membership, create an executive

25  committee. The executive committee shall have four members who

26  shall be appointed by the authority and who shall be chosen

27  from among two members selected by the county, one member

28  selected by the foundation, and one member selected by the

29  city, for a total executive committee membership of four

30  persons. The authority may delegate by resolution any power,

31  task, action, or other undertaking that the authority may

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    Florida Senate - 2005        (NP)                      SB 2746
    32-1883-05                                         See HB 1361




 1  itself perform. An executive committee shall automatically

 2  dissolve upon the completion of the activity delegated, unless

 3  earlier dissolved by a majority vote of the authority.

 4         Section 3.  Definitions.--As used in this act, the

 5  term:

 6         (1)  "Authority" means the Performing Arts Center

 7  Authority created by this act.

 8         (2)  "Cost" or "costs," as applied to facilities, means

 9  the cost of acquisition and construction of such facilities,

10  including the cost of all land, property, property rights,

11  easements, franchises, labor, insurance, materials,

12  furnishings, and equipment required to carry out the purposes

13  of this act, and includes and reserves therefor prior to and

14  during construction and for a reasonable period of time

15  thereafter: costs of plans and specifications; estimates of

16  costs and revenues; costs of engineering, architectural, and

17  special consultant services; costs of legal services,

18  including those rendered for the issuance, validation, and

19  sale of revenue bonds; all expenses necessary or incident to

20  determining the feasibility or practicability of such

21  acquisition and construction; administrative expenses; and

22  such other expenses as may be necessary or incident to the

23  acquisition and construction of the financing herein

24  authorized.

25         (3)  "County" means the County of Broward.

26         (4)  "DDA" means the Downtown Development Authority of

27  the City of Fort Lauderdale.

28         (5)  "Facilities" means facilities or sites for holding

29  any type of cultural, tourism, or promotional event, or civic,

30  recreational, or similar event or activity, and includes

31  property, auditoriums, theaters, music halls, buildings,

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    Florida Senate - 2005        (NP)                      SB 2746
    32-1883-05                                         See HB 1361




 1  structures, utilities, parks, parking areas, roadways, and all

 2  other facilities and properties reasonably necessary or

 3  desirable to carry out the purposes of this act.

 4         (6)  "Governmental unit" means the County of Broward,

 5  or a municipality or special district, improvement or

 6  otherwise, that is within the boundaries of Broward County, or

 7  an agency or instrumentality of such county, municipality, or

 8  special district. The term shall apply only to the portions of

 9  any governmental unit that are within the boundaries of

10  Broward County.

11         Section 4.  General powers.--The authority may:

12         (1)  Adopt bylaws for the regulation of its affairs and

13  the conduct of its business.

14         (2)  Adopt and use an official seal.

15         (3)  Sue and be sued in the name of the Performing Arts

16  Center Authority.

17         (4)  Plan, develop, purchase, lease, or otherwise

18  acquire, demolish, construct, reconstruct, improve, extend,

19  enlarge, relocate, equip, repair, maintain, operate, and

20  manage facilities.

21         (5)  Make a comprehensive land use plan for the overall

22  orderly development of facilities, develop detailed

23  architectural and engineering plans for specific facilities,

24  and obtain necessary feasibility and other reports and

25  studies.

26         (6)  Acquire by lease, grant, purchase, gift, or devise

27  from any source, including a governmental unit, any real or

28  personal property, or any estate or interest therein, that is

29  necessary, desirable, or convenient for the purpose of this

30  act; lease or rent all or any part of such property; and

31  exercise its powers and authority with respect to that

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    Florida Senate - 2005        (NP)                      SB 2746
    32-1883-05                                         See HB 1361




 1  property. A governmental unit may sell or lease property to

 2  the authority for nominal consideration. Without limiting any

 3  power or authority of the County of Broward or the

 4  municipalities in Broward County, the county and

 5  municipalities in the county, within their respective

 6  territorial jurisdictions and by the methods provided by

 7  chapter 73 or chapter 74, Florida Statutes, may acquire real

 8  property by eminent domain and, as herein provided and with

 9  the agreement of the authority, transfer that property to the

10  authority to be used for the purposes of this act. The

11  expenditure of moneys by counties or municipalities for such

12  purpose is hereby declared to be a public purpose. Title to

13  real property so acquired may be held in fee simple, absolute

14  and unqualified in any way or any lesser interest therein.

15  Nothing in this act shall be construed to allow acquisition of

16  real property by eminent domain for purposes or uses other

17  than as herein provided.

18         (7)  Lease, rent, or contract for the operation or

19  management of any part of any of the facilities of the

20  authority.

21         (8)  Fix and collect rates, rentals, fees, charges, or

22  ticket surcharges for the use of any facilities of the

23  authority.

24         (9)  Contract for the operation of concessions on or in

25  any of the facilities of the authority or, at its discretion,

26  operate such concessions as it deems desirable.

27         (10)  Advertise and promote within or without the state

28  any of the facilities and activities of the authority.

29         (11)  Employ an executive director, other necessary

30  staff employees, and such consulting services, engineers,

31  architects, special consultants, superintendents, managers,

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    Florida Senate - 2005        (NP)                      SB 2746
    32-1883-05                                         See HB 1361




 1  construction and financial experts, attorneys, employees, and

 2  agents as the authority deems necessary and fix their

 3  compensation. Any treasurer of the authority, prior to

 4  entering upon his or her duties as such officer, and any other

 5  officer or employee so required by the authority shall provide

 6  a surety bond in an amount to be determined by the authority

 7  conditioned upon the faithful performance of the duties of his

 8  or her office or employment. Such bond shall be executed by a

 9  surety company authorized to do business in the state and

10  shall be approved by the authority.

11         (12)  Cooperate with and contract with the government

12  of the United States or the state or any agency,

13  instrumentality, or political subdivision of either, or with

14  any municipality, district, corporation, partnership,

15  association, person, or individual in providing for or

16  relating to the authority in carrying out the provisions and

17  purposes of this act.

18         Section 5.  Bid procedures.--All contracts for

19  constructing, demolishing, improving, extending, enlarging,

20  relocating, repairing, or equipping of facilities of the

21  authority in the amount of $7,500 or more shall be awarded by

22  the authority to the best qualified bidder, as determined by

23  the authority, after consideration of all relevant factors

24  including the purposes and provisions of this act and the

25  competitiveness of all bids received. The authority shall, at

26  least 30 days prior to the award of such contract, publish one

27  time in a newspaper of general circulation in Broward County a

28  notice requesting bids on such contract. The authority may for

29  any reason reject all bids and request new bids in the same

30  manner as bids were first requested. This section does not

31  apply to the purchase, lease, or acquisition of a site.

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    Florida Senate - 2005        (NP)                      SB 2746
    32-1883-05                                         See HB 1361




 1         Section 6.  Fiscal powers.--

 2         (1)  The expenditure of all moneys collected or

 3  received for the purposes authorized by this act shall be

 4  subject to an annual review by the Broward County Commission

 5  and the Fort Lauderdale City Commission. The authority shall

 6  prepare a budget for each fiscal year pursuant to the

 7  provisions of chapter 129, Florida Statutes, and a forecast of

 8  estimated income and expenditures for the next fiscal year.

 9  The budget shall be adopted, adopted as amended, or rejected

10  by the Performing Arts Center Authority subject to the general

11  provisions of chapter 129, Florida Statutes, and shall be

12  subject to approval by the Broward County Commission and the

13  Fort Lauderdale City Commission.

14         (2)  The Broward County Commission and the Fort

15  Lauderdale City Commission shall retain, employ, and

16  compensate independent certified public accountants to audit

17  the records or books of account of the authority at least once

18  yearly and at such other times as either such commission deems

19  necessary.

20         Section 7.  Bonding provisions.--

21         (1)  For the purpose of providing funds to finance

22  equipping, furnishing, and constructing facilities, the

23  Performing Arts Center Authority may issue revenue bonds.

24         (2)  Any bonds authorized by this act may be issued and

25  sold at one time or from time to time, and shall bear such

26  date or dates, be in such denomination or denominations, be

27  payable at such place, bear interest at a rate allowed by

28  general law, and mature at such stated time or times not

29  exceeding 40 years after their date of issuance, with or

30  without the right of prior redemption by the authority, all as

31  may be determined by resolution or resolutions of the

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    Florida Senate - 2005        (NP)                      SB 2746
    32-1883-05                                         See HB 1361




 1  authority, which resolution or resolutions may prescribe the

 2  manner and terms of redemption of any bonds that the authority

 3  makes redeemable. The bonds shall be issued in registered

 4  form, as to both principal and interest, and shall be signed

 5  by the proper officials of the authority or such other

 6  designee authorized by the authority, on its behalf, and

 7  impressed with the corporate seal of the authority or a

 8  printed facsimile. The bonds may be sold at public or private

 9  sale or as determined by the authority at such price and terms

10  as are deemed to be in the best interest of the authority.

11         (3)  The revenues pledged against such bonds by the

12  authority may include the ticket surcharge, other projected

13  revenues of the authority, the local option tourist

14  development tax as authorized in section 125.0104, Florida

15  Statutes, or any other source of revenue which the Board of

16  County Commissioners of Broward County or the Commission of

17  the City of Fort Lauderdale deems appropriate. Revenue bonds

18  sold under the provisions of this act shall conform with the

19  general provisions for revenue bonds as defined under chapter

20  159, Florida Statutes.

21         (4)  The Board of County Commissioners of Broward

22  County or the City of Fort Lauderdale City Commission shall

23  not have the power to pledge the full faith and credit and ad

24  valorem taxing power of Broward County or the City of Fort

25  Lauderdale for the payment of the principal or interest on

26  such bonds.

27         (5)  Without limiting any other provisions of this act,

28  the revenues available to the authority as set forth in this

29  act, if not previously pledged to revenue bonds issued or to

30  be used pursuant to this act or otherwise committed, may be

31  used to otherwise finance or pay for the construction of

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    Florida Senate - 2005        (NP)                      SB 2746
    32-1883-05                                         See HB 1361




 1  facilities or the administrative expenses of the authority or

 2  otherwise in carrying out the purposes and provisions of this

 3  act.

 4         Section 8.  Other revenues.--The County of Broward, the

 5  City of Fort Lauderdale, and any other governmental unit may

 6  appropriate additional funds for use by the authority for

 7  maintenance of facilities and payment of employees' salaries,

 8  operating expenses, planning expenses, or other necessary

 9  expenditures. Such expenditures are declared to be for a

10  valid, necessary public purpose.

11         Section 9.  Public or private subscription.--The

12  authority may solicit, encourage, promote, and accept any

13  public or private subscriptions and donations of moneys, other

14  property, and assets for use in furthering the purposes of

15  this act.

16         Section 10.  Special licenses.--In addition to any

17  licenses that may be issued under the provisions of the

18  Beverage Law of the state, the Division of Alcoholic Beverages

19  and Tobacco of the Department of Business and Professional

20  Regulation is hereby authorized to issue to qualified

21  applicants consisting of the Performing Arts Center Authority

22  or its designee a special license or special licenses for use

23  within the confines of the Performing Arts Center complex. Any

24  such license issued pursuant to this act shall permit the

25  licensee to sell alcoholic beverages only for consumption on

26  the premises of the facilities.

27         Section 4.  Chapters 84-396, 85-389, 92-268, and

28  93-371, Laws of Florida, are repealed.

29         Section 5.  If any provision of this act or the

30  application thereof to any person or circumstance is held

31  invalid, the invalidity shall not affect other provisions or

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    Florida Senate - 2005        (NP)                      SB 2746
    32-1883-05                                         See HB 1361




 1  applications of the act which can be given effect without the

 2  invalid provision or application, and to this end the

 3  provisions of this act are declared severable.

 4         Section 6.  This act shall take effect upon becoming a

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