HB 0629 2004
1	A bill to be entitled
2	An act relating to the Daytona Beach Downtown Development
3	Authority, Volusia County; codifying, amending,
4	reenacting, and repealing the authority's special acts;
5	providing a popular name; providing definitions; providing
6	legislative findings; providing boundaries; providing for
7	supervision, appointment, removal, terms, qualifications,
8	compensation, and filling of vacancies on the authority;
9	providing for functions and powers of the authority;
10	providing for ad valorem taxation; providing for board
11	records and fiscal management; providing for issuance of
12	certificates; providing for elections; providing for
13	millage limitations; providing for special assessments;
14	providing for liberal construction; providing an effective
15	date.
16
17	Be It Enacted by the Legislature of the State of Florida:
18
19	Section 1. Pursuant to section 189.429, Florida Statutes,
20	this act constitutes the codification of all special acts
21	relating to the Daytona Beach Downtown Development Authority. It
22	is the intent of the Legislature in enacting this law to provide
23	a single, comprehensive special act charter for the district
24	including all current legislative authority granted to the
25	district by its several legislative enactments and any
26	additional authority granted by this act. It is further the
27	intent of this act to preserve all district authority in
28	addition to any authority contained in the Florida Statutes, as
29	amended from time to time.
30	Section 2. Chapters 72-520, 77-537, 79-446, and 80-493,
31	Laws of Florida, are amended, codified, reenacted, and repealed
32	as herein provided.
33	Section 3. The charter for the Daytona Beach Downtown
34	Development Authority is re-created and reenacted to read:
35	Section 1. Popular name.--This act shall be known and may
36	be cited as the "Daytona Beach Downtown Development Authority
37	Act."
38	Section 2. Definitions and rules of construction.--Unless
39	qualified in the text, the following definitions and rules of
40	construction shall apply hereto:
41	(1) "Board" means the Daytona Beach Downtown Development
42	Authority and any successor to its functions, authority, rights,
43	and obligations.
44	(2) "City" and "Daytona Beach" mean the City of Daytona
45	Beach.
46	(3) "City commission" means the Daytona Beach City
47	Commission and any succeeding governing body of the city.
48	(4) "Downtown" and "downtown area" mean the area as set
49	forth herein and to which this act primarily relates, including
50	the central business district and its environs.
51	(5) "Elector" shall be synonymous with the term "voter" or
52	"qualified elector or voter."
53	(6) "Freeholder" means any owner of real property in the
54	downtown area not wholly exempt from ad valorem taxation,
55	whether individual, corporation, trust, estate, or partnership
56	residing or with its principal place of business located in the
57	United States of America.
58	(7) "Herein," "hereby," "hereof," and similar compounds
59	refer to the entire act.
60	(8) "Including" shall be construed as merely introducing
61	illustrative examples and not as limiting in any way the
62	generality of the inclusive term.
63	(9) "Majority without qualification" means a majority of a
64	quorum.
65	(10) "Mayor" means the Mayor of the City of Daytona Beach.
66	(11) "State" means the State of Florida.
67	Section 3. Statement of policy and legislative findings.--
68	(1) It is the policy of the state to make it possible for
69	the city to revitalize and preserve property values and prevent
70	deterioration in the downtown area by a system of self-help to
71	correct the commercial blight of such deterioration as has
72	developed there. The authority hereby created is intended to
73	provide a means whereby property owners who will benefit
74	directly from the results of such a program will bear the
75	substantial cost thereof and local problems may be solved on the
76	local level through the authority hereby created.
77	(2) The Legislature hereby finds and declares that among
78	the many causes of commercial blight in the downtown area are
79	the following: impeded automobile traffic flow due to outmoded
80	street patterns, proliferation of uncoordinated uses and parking
81	areas, unsuitable topography, faulty lot layouts, fragmentation
82	of land uses and parking areas necessitating frequent automobile
83	movement, lack of separation of pedestrian areas from automobile
84	traffic, lack of separation of vehicle traffic lanes, and
85	strangled automobile traffic. Voluntary cooperation for
86	coordinated development has limitations because of fragmentary
87	ownership, absentee ownership, and unusual conditions of title
88	and other conditions.
89	(3) The downtown area is plagued with vacant and
90	deteriorating buildings, which are neglected and produce an
91	undesirable atmosphere. Similarly, there is much vacant land
92	area in the downtown area, and these factors tend to combine to
93	put the downtown area at a competitive disadvantage to modern
94	offices and shopping centers developing in the area. Many
95	businesses of all types have left the area for new locations in
96	suburban shopping centers, and few businesses have entered to
97	take their places. The oldest commercial structures in the city
98	are in this area and some are obsolete, of inferior
99	construction, and incompatible with modern functional design as
100	is featured in competitive shopping centers. These factors tend
101	to develop an image of the downtown area which is
102	unrepresentative of its economic vitality and out of place with
103	the growth of Daytona Beach, thus producing a tarnishing effect
104	on the overall image of the city.
105	(4) The area now has few residences and many of the
106	residences that do exist are undersized and of inferior
107	construction, which would not be permitted for new construction
108	under the city's building code. It is in some instances a proper
109	function of government to remove blight and blighting influences
110	from commercial areas. The police power may be inadequate to
111	accomplish this purpose. One effective device for removal of the
112	blight from the downtown area is the planning and implementation
113	of planning for appropriate land use, beautification, continuity
114	of planning and aesthetic and technical design concepts, and
115	removal of deteriorated and obsolescent structures.
116	(5) The Legislature further finds and declares that the
117	provisions of this act and the powers afforded to the board are
118	desirable to guide and accomplish the coordinated, balanced, and
119	harmonious development of the downtown area in accordance with
120	existing and future needs; to promote the health, safety, and
121	general welfare of the area and its inhabitants, visitors,
122	property owners, and workers; to establish, maintain, and
123	preserve aesthetic values and preserve and foster the
124	development and display of attractiveness; to prevent
125	overcrowding and congestion; to improve automobile traffic and
126	provide pedestrian safety; and to provide a way of life which
127	combines the conveniences and amenities of modern living with
128	the traditions and pleasures of the past.
129	Section 4. Downtown area description.--
130	(1) The downtown area included in this act shall be all
131	those properties described as follows:
132
133	Begin at the intersection of the easterly line of
134	Beach Street, with the easterly extension of the south
135	line of Live Oak Avenue; thence westerly along said
136	south line of Live Oak Avenue to the westerly line of
137	Segrave Street; thence northerly along the said west
138	line of Segrave Street to the extension westerly of
139	the northerly line of lot 12, and along the northerly
140	line of Lots 12 through 19 of said Gorum Weaver
141	Subdivision to the northeasterly corner of said Lot
142	19; thence easterly, northerly and easterly along the
143	boundary of Leon Ellenwood map book 6, page 60, public
144	records of Volusia County, Florida, to the westerly
145	line of Ridgewood Avenue; thence southerly along the
146	westerly line of Ridgewood Avenue to the northerly
147	line of Second Avenue; thence easterly along said
148	northerly line of Second Avenue to the west line of
149	lot 15, block 50, Mason and Coleman's Daytona, of
150	record in deed book I, page 151, public records of
151	Volusia County, Florida; thence northerly along said
152	west line of lot 15 to the north line of San Juan
153	Avenue; thence easterly along said north line of San
154	Juan Avenue, to the easterly line of Wisconsin Avenue;
155	thence northerly along the easterly line of Wisconsin
156	Avenue, to the north line of First Avenue; thence
157	westerly along the said north line of First Avenue to
158	the west line of lot 8, block 51 of said Mason and
159	Coleman's Daytona; thence northerly along said west
160	line of lot 8, block 51 and extension thereof, to the
161	northerly line of Cypress Street; thence easterly
162	along said northerly line of Cypress Street to the
163	easterly line of Daytona Street; thence northerly
164	along said easterly line of Daytona Street and
165	extension thereof, to the north line of Fairview
166	Avenue; thence easterly along said north line of
167	Fairview Avenue and extension thereof, to an
168	intersection with the centerline of Halifax River,
169	thence southerly along the centerline of the Halifax
170	River to a point of intersection with the easterly
171	extension of the southerly line of Marina Point
172	Condominium, as per legal recorded in Official Records
173	book 2125, page 1669, of the public records of Volusia
174	County, Florida; thence westerly along said southerly
175	line to a point of intersection with the easterly line
176	of Beach Street; thence northerly along the easterly
177	line of Beach Street to the point of beginning
178
179	The board shall have the power from time to time by the
180	following procedure to alter or amend the boundaries of the
181	downtown area. The board shall first set a date for a public
182	hearing on the adoption of a resolution amending the description
183	of the downtown area and shall cause a notice of the public
184	hearing to be published in a newspaper of general circulation
185	published in the city, which notice shall be published four
186	times, not less than 30 nor more than 60 days after the date of
187	the hearing. The notice shall set forth the date, time, and
188	place of the hearing and shall describe the boundaries of the
189	existing downtown area as defined herein and shall describe the
190	changes to be made thereto. Additionally, the board shall cause
191	to be mailed to each owner of the property, according to the tax
192	collector's records existing in Volusia County, a copy of the
193	notice as published in the newspaper. After the public hearing,
194	the board shall adopt a resolution defining the changes in the
195	downtown area. The board shall not incorporate land into the
196	district not included in the description contained in the notice
197	of public hearing, but it may eliminate any lands from the area.
198	A referendum, as set out in section 13, shall then be held in
199	connection with any additions to the area defined in this
200	section, with only those voting in the new area being eligible
201	to vote. However, if any deletion shall be made in the area
202	defined in this section, then all the freeholders and qualified
203	electors within the area defined in this section shall be
204	entitled to vote in the referendum.
205	(2) The owner or owners of real property within the city
206	limits of Daytona Beach, and contiguous to the boundaries of the
207	Daytona Beach Downtown Development District, may petition the
208	Daytona Beach Downtown Development Authority to be included
209	within the district boundaries. Upon determination by the
210	Daytona Beach Downtown Development Authority that the petition
211	bears the signatures of all owners of property in the area
212	proposed to be included, the authority may, at any regular
213	meeting, adopt a resolution to annex said property and redefine
214	the boundary lines of the district to include said property.
215	Said resolution shall be passed after same has been published
216	once a week for 4 consecutive weeks in a newspaper of general
217	circulation within the city limits of Daytona Beach. The
218	resolution adopted hereunder shall be filed with the Clerk of
219	the City of Daytona Beach. If real property which is contiguous
220	to the boundaries of the Daytona Beach Downtown Development
221	District is wholly owned by a public or governmental entity or
222	subdivision thereof, the property may be included in the
223	district boundaries upon the obtaining of a resolution by the
224	governing body of the entity consenting to such inclusion. Upon
225	receipt of such resolution, the authority may, at any regular
226	meeting, adopt a resolution to include said property and
227	redefine the boundary lines of the district to include said
228	property. Said resolution shall be passed after same has been
229	published once a week for 4 consecutive weeks in a newspaper of
230	general circulation within the City of Daytona Beach. The
231	resolution adopted hereunder shall be filed with the Clerk of
232	the Circuit Court of Volusia County and the City of Daytona
233	Beach.
234	Section 5. Authority; supervision; appointment, removal,
235	term, qualification, compensation of board members; filling of
236	vacancies.--There is hereby created and established the Daytona
237	Beach Downtown Development Authority, which authority shall have
238	all the powers herein provided.
239	(1) The affairs of the authority shall be under the direct
240	supervision and control of a board of five members, one of whom
241	shall be a member of the city commission, appointed by the city
242	commission, who shall serve staggered terms.
243	(2) The city commission shall by vote of a majority of its
244	entire membership appoint the members of the authority, and by
245	vote of three-fifths of its entire membership, after notice
246	specifying the charges and a hearing held not earlier than 10
247	days after personal delivery of notice or mailing thereof by
248	registered or certified mail addressed to the member at his or
249	her latest known residence, the city commission may remove a
250	member of the authority for good cause, including willful
251	neglect of duty, incompetence, unfitness to perform his or her
252	duty, or conviction of an offense involving moral turpitude. A
253	member so removed shall be entitled to review by the circuit
254	court of the action taken.
255	(3) Members shall be appointed to serve terms of 3 years
256	each July 1.
257	(4) To qualify for appointment to the authority, and to
258	remain qualified for service on it, a prospective noncity
259	commission member, or a member already appointed who is not a
260	member of the city commission, shall reside in or have his or
261	her principal place of business in the city, shall not be
262	serving as a city officer or employee, and shall be an owner of
263	realty within the downtown area, a lessee thereof, or a
264	director, officer, or managing agent of an owner or lessee
265	thereof.
266	(5) Vacancy in office, which shall be filled within 30
267	days after its occurrence for the remainder of the unexpired
268	term, shall occur whenever a member is removed from office,
269	becomes disqualified or otherwise unable to serve, or resigns.
270	The city commission shall fill any vacancy in office for the
271	unexpired term.
272	(6) Each member of the board shall serve without
273	compensation for services rendered as a member, but may be
274	reimbursed by the board for necessary and reasonable expenses
275	actually incurred in the performance of duty. The board may
276	require all of its members or any or all of its officers or
277	employees to post bond for faithful performance of duty, the
278	board shall require such bond of all persons authorized to sign
279	on accounts of the board, and the board shall pay bonding costs.
280	No member of the board shall be personally liable for any action
281	taken in attempting in good faith to perform his or her duty, or
282	for a decision not to act, except in instances of fraud or
283	willful neglect of duty.
284	(7) A member of the city commission appointed to the board
285	shall be a member of the board only so long as he or she is a
286	member of the city commission, and the vacancy thus created
287	shall be filled by the city commission.
288	Section 6. Board bylaws and internal governance.--The
289	board shall formulate and may amend its own rules of procedure
290	and written bylaws not inconsistent with this act. A majority of
291	its entire membership shall constitute a quorum for the
292	transaction of business, but fewer than a quorum may adjourn
293	from time to time and may compel the attendance of absent
294	members. All action shall be taken by a vote of at least a
295	majority present and voting. The board shall select one of its
296	members as chair and another as vice chair and shall prescribe
297	their duties, powers, and terms of serving. The board shall hold
298	regular meetings at least once a month and shall provide in its
299	bylaws for holding special meetings. All meetings shall be given
300	public notice and shall be open to the public.
301	Section 7. Functions of the authority.--The authority
302	shall perform the following functions:
303	(1) Prepare an analysis of the economic conditions and
304	changes occurring in the downtown area, including the effect of
305	such factors as metropolitan growth, traffic congestion, lack of
306	adequate parking and other access facilities, and structural
307	obsolescence and deterioration.
308	(2) Formulate immediate, intermediate, and long-range
309	development programs for improving the attractiveness and
310	accessibility to the public of downtown facilities, promoting
311	efficient use thereof, remedying the deterioration of downtown
312	property values, and developing the downtown area.
313	(3) Recommend to the city commission and to downtown
314	business owners and residents the actions deemed most suitable
315	for implementing the downtown development programs, including
316	removal, razing, repair, renovation, reconstruction, remodeling,
317	and improvement of existing structures, addition of new
318	structures and facilities, relocation of any existing structures
319	and facilities, and changes in patterns of and facilities for
320	traveling to and from the downtown area.
321	(4) Participate actively in the implementation and
322	execution of downtown development programs, including
323	establishment, acquisition, construction, ownership, financing,
324	leasing, licensing, operation, and management of public
325	facilities deemed feasible and beneficial in effecting
326	implementation, but this subsection shall not give the authority
327	any power or control over any city property unless and until
328	assigned to it by the city commission.
329	(5) Carry on all projects and undertakings authorized by
330	law and within the limits of the powers granted to it by law,
331	and such additional public projects and undertakings related to
332	the downtown area as the city commission may assign to it with
333	its consent.
334	Section 8. Powers of the authority.--In the performance of
335	the functions vested in or assigned to it, the authority is
336	hereby granted the following powers:
337	(1) To enter into contracts and agreements and to sue and
338	be sued as a body corporate.
339	(2) To have and use a corporate seal.
340	(3) To acquire, own, convey, or otherwise dispose of,
341	lease as lessor or lessee, construct, maintain, improve,
342	enlarge, raze, relocate, operate, and manage property and
343	facilities of whatever type, and to grant or acquire licenses,
344	easements, and options with respect thereto.
345	(4) To accept grants and donations of any type of
346	property, labor, or other thing of value from any public or
347	private source.
348	(5) To receive the proceeds of the tax hereby imposed.
349	(6) To receive the revenues from any property or facility
350	owned, leased, licensed, or operated by it or under its control,
351	subject to the limitations imposed upon it by trusts or other
352	agreements validly entered into by it.
353	(7) To have exclusive control of all funds legally
354	available to it, subject to limitations imposed upon it by law
355	or by any agreement validly entered into by it.
356	(8) To cooperate and enter into agreements with any
357	governmental agency or other public body.
358	(9) To make to or receive from the city or Volusia County
359	conveyances, leasehold interests, grants, contributions, loans,
360	and other rights and privileges.
361	(10) To issue and sell revenue certificates as hereinafter
362	provided, or in any other manner permitted by law and not
363	inconsistent with the provisions hereof, and to take all steps
364	deemed by it necessary or expedient for efficient preparation
365	and marketing of the certificates at public or private sale at
366	the best price obtainable, including the entry into binding
367	agreements with corporate trustees, underwriters, and the
368	holders of the certificates, and the employment and payment, as
369	a necessary expense of issuance, for the services of consultants
370	on valuations, costs, and feasibility of undertaking, revenues
371	to be anticipated and other financial matters, architecture,
372	engineering, legal matters, accounting matters, and any other
373	fields in which expert advice may be needed to effectuate
374	advantageous issuance and marketing.
375	(11) To fix, regulate, and collect rates and charges for
376	facilities and services furnished by it or under its control and
377	to pledge the revenue to the payment of revenue certificates
378	issued by it.
379	(12) To borrow money on its unsecured notes, for a period
380	not exceeding 9 months, in an aggregate amount for all
381	outstanding unsecured notes not exceeding 50 percent of the
382	proceeds received during the immediately prior fiscal year from
383	the tax hereby imposed, and at an annual rate of interest not
384	exceeding the rate being charged at the time of the loan by
385	banks in the city on unsecured short-term loans to local
386	businesses.
387	(13) To acquire by rental or otherwise and to equip and
388	maintain a principal office for the conduct of its business and
389	such branch offices as it may from time to time deem expedient.
390	(14) To employ and prescribe the duties, authority,
391	compensation, and reimbursement of expenses of the director of
392	the authority, who shall act as its chief executive officer; a
393	general counsel, who shall be an attorney with at least 5 years
394	of experience in active Florida practice and so engaged at the
395	time of appointment; and such other personnel as it may, after
396	consultation with the director, deem necessary from time to
397	time; provided, its personnel shall not be under civil service
398	regulations, may be employed to serve at its pleasure, shall not
399	in any event be contracted with for a term of employment longer
400	than 5 years, shall not while employed by it serve as city
401	officers or employees, and, with the exception of its secretary,
402	shall not while employed by it serve as a member of it.
403	(15) To enter into contracts in furtherance of its duties
404	and in the exercise of its powers, and to contract and otherwise
405	cooperate with and participate in all projects and undertakings
406	of the United States and the state and all of their agencies and
407	instrumentalities in furthering the purpose of this section.
408	(16) To exercise all powers incidental to the effective
409	and expedient exercise of the foregoing powers to the extent not
410	in conflict herewith or inconsistent herewith.
411	(17) To acquire by purchase or the exercise of the power
412	of eminent domain, which must be in the best interest of the
413	public, on such terms and conditions and in such manner as it
414	may deem proper, and to own, convey, and otherwise dispose of
415	and to lease, as lessor or lessee, any land and any other
416	property, real and personal, and any rights and interests
417	therein which it may determine to be reasonably necessary in
418	furtherance of its other powers under this section, and to grant
419	and acquire licenses, easements, and options with respect
420	thereto; provided, however, that the compensation paid to owners
421	of land and any other property, real and personal, or any
422	property right, who have said rights acquired from them under
423	this act by eminent domain, shall include reasonable
424	reimbursement for relocating an existing business; and provided
425	further that any property leased to private interests shall not
426	be exempt from ad valorem taxes.
427	Section 9. Levy of ad valorem tax.--An ad valorem tax in
428	addition to all other ad valorem taxes is hereby levied annually
429	for the purpose of financing the operation of the authority on
430	all property in the downtown area which is subject to ad valorem
431	taxation for city operating expenses. The tax base shall be the
432	assessed valuation made annually by the county tax assessor. The
433	rate shall be 1 mill on each dollar of tax base, unless the
434	authority, by written notice to the county tax collector at such
435	time as he or she shall specify, sets a rate of less than 1 mill
436	for the ensuing fiscal year. The county tax collector shall
437	collect the tax when and in the same manner in which he or she
438	collects ad valorem taxes, with the same discounts for early
439	payment, and shall pay the proceeds to the city treasurer for
440	the account of the authority.
441	Section 10. Board records and fiscal management.--
442	(1) The funds of the board shall be maintained under a
443	separate account and shall be used for the purposes herein
444	authorized and shall be distributed only by direction of or with
445	the approval of the board pursuant to requisitions signed by the
446	director or other designated chief fiscal officer of the board
447	and countersigned by at least one other person who shall be a
448	member of the board.
449	(2) The board bylaws shall provide for maintenance of
450	minutes and other official records of its proceedings and
451	actions; preparation and adoption of an annual budget for each
452	ensuing fiscal year; internal supervision and control of its
453	accounts, which function the appropriate city fiscal officers
454	may perform for the board at its request; and an external audit
455	at least annually by an independent certified public accountant
456	who has no personal interest, direct or indirect, in its fiscal
457	affairs. A copy of the external audit shall be filed with the
458	city clerk within 90 days after the end of each fiscal year. The
459	bylaws shall specify the means by which each of these functions
460	is to be performed and, as to those functions assigned to board
461	personnel, the manner and schedule of performance.
462	(3) No member or employee of the board shall participate
463	by vote or otherwise on behalf of the board in any matter in
464	which he or she has a direct financial interest or an indirect
465	financial interest other than of the benefits to be derived
466	generally from the development of the downtown area.
467	Participation with knowledge of such interest shall constitute
468	malfeasance and shall result, as regards a member, in automatic
469	forfeiture of office, or as regards an employee, in prompt
470	dismissal.
471	Section 11. Provisions governing issuance of revenue
472	certificates.--Issuance of revenue certificates by the board
473	shall be governed by the following general provisions:
474	(1) Revenue certificates for purposes hereof are limited
475	to obligations that are secured solely by pledge of revenues
476	produced by the facility or facilities for the benefit of which
477	the certificates are issued and the sale proceeds used and that
478	do not constitute a lien or encumbrance, legal or equitable, on
479	any real property of the board or on any of its personal
480	property other than the revenue pledged to secure payment of the
481	certificates.
482	(2) The faith and credit of the city shall not be pledged
483	and the city shall not be obligated directly or indirectly to
484	make any payments on or appropriate any funds for certificates
485	issued by the board.
486	(3) Before issuing any revenue certificates, the board
487	shall as to each issue:
488	(a) Prepare or procure from a reputable source detailed
489	estimates of the total cost of the undertaking for which the
490	certificates are contemplated and of the annual revenues to be
491	obtained therefrom and pledged as security for payment of the
492	certificates.
493	(b) Determine that the anticipated net proceeds from the
494	sale, together with any other funds available and intended for
495	the purposes of the issue, will be sufficient to cover all costs
496	of the undertaking and of preparing and marketing the issues or
497	anything connected therewith.
498	(c) Determine that the annual revenues anticipated from
499	the undertaking will be sufficient to pay the estimated annual
500	cost of maintaining, repairing, operating, and replacing, to any
501	necessary extent, not only the undertaking but also the punctual
502	payment of the principal of, and interest on, the contemplated
503	certificates.
504	(d) Specify these determinations in and include the
505	supporting estimates as parts of the resolution providing for
506	the issue.
507	(4) The board may, as to any issue of revenue
508	certificates, engage the services of a corporate trustee for the
509	issue and may treat any or all costs of carrying out the trust
510	agreement as part of the operating costs of the undertaking for
511	which the certificates are issued.
512	(5) The board shall from time to time establish such
513	rentals, rates, and charges, or shall by agreement maintain such
514	control thereof, as to meet punctually all payments on the
515	undertaking and its maintenance and repair, including reserves
516	therefor, and for depreciation and replacement.
517	(6) Revenue certificates may be issued for the purposes of
518	funding, refunding, or both.
519	(7) All revenue certificates issued pursuant hereto shall
520	be negotiable instruments for all purposes.
521	(8) Validation of certificates of indebtedness shall be in
522	accordance with chapter 75, Florida Statutes.
523	Section 12. Transfer upon cessation of the board.--Should
524	the board cease to exist or to operate for whatever reason, all
525	property of whatever kind shall forthwith become the property of
526	the city, subject to the outstanding obligations of the board
527	incurred in conformity with all of the foregoing provisions, and
528	the city shall use this property to the maximum extent then
529	practicable for effectuating the purpose hereof and shall
530	succeed to and exercise only such powers of the board as shall
531	be necessary to meet outstanding obligations of the board and
532	effect an orderly cessation of its powers and functions;
533	however, under no circumstances shall the city directly or
534	indirectly be obligated to pledge or use any of its tax moneys
535	to accomplish these functions.
536	Section 13. Freeholders and qualified electors
537	referendum.--Elections called after increasing or decreasing the
538	boundaries of the downtown area in accordance with section 4 of
539	this act shall be held in accordance with the following
540	referendum provisions; provided, however, that no provision of
541	this act shall require the approval of freeholders and qualified
542	electors in an area which has previously approved of the
543	provisions of this act by any referendum held hereinunder,
544	unless there is involved a decrease in the boundaries of the
545	downtown area.
546	(1) For the purposes of this referendum, the city clerk
547	shall work with the county supervisor of elections to perform
548	all things necessary to carry out the provisions of this
549	section.
550	(2) Within 30 days after this act becoming a law of this
551	state, the Clerk of the City of Daytona Beach shall compile a
552	list of the names and the last known addresses of the
553	freeholders and qualified electors in the downtown area from the
554	voter registration rolls of the County of Volusia and the same
555	shall constitute the registration list for the purposes of the
556	referendum herein, except as hereinafter provided.
557	(3) Within the time period specified in subsection (2),
558	the clerk shall notify the freeholders and qualified electors of
559	the general provisions of this act, the dates of the upcoming
560	referendum, and the method provided for additional registration
561	should the status of the freeholder or qualified elector have
562	changed from that obtained from the county supervisor of
563	elections. Notification hereunder shall be by registered or
564	certified mail and published one time in the Daytona Beach News-
565	Journal or another major newspaper of general circulation within
566	the time period provided in subsection (2).
567	(4) The voter registration lists shall remain open until
568	30 days after the notifications provided in subsection (3).
569	(5) Within 30 days after the closing of the registration
570	list, the clerk shall have a secret and direct ballot of the
571	freeholders and qualified electors by providing a certified
572	voting machine at the City Hall of the City of Daytona Beach,
573	between the legal hours of voting in normal municipal elections,
574	and shall place the date of this election in the original
575	notification and, additionally, the day after the registration
576	list is closed, shall mail to all eligible voters additional
577	notification of the time and place of said election. Within 1
578	day after holding said election, the clerk shall certify the
579	results thereof to the City Commission of Daytona Beach. Any
580	person voting who has knowledge that he or she is not a
581	freeholder or qualified elector as defined by this act shall be
582	guilty of perjury and shall be prosecuted and upon conviction,
583	punished in accordance with the provisions of the laws of this
584	state.
585	(6) The freeholders and qualified electors shall be deemed
586	to have approved any amendment to the boundaries of the downtown
587	area at such time as the clerk certifies to the City Commission
588	of Daytona Beach that in excess of 50 percent of those voting
589	were in favor of the amendment.
590	(7) For the purposes of this act, one vote shall be
591	allowed for each individual who is a freeholder or qualified
592	elector within the downtown area defined in this act and by the
593	Constitution and laws of the State of Florida. Joint and several
594	owners of property shall be allowed to cast one ballot each.
595	(8) A repeal referendum may be called by petition of the
596	freeholders and qualified electors representing at least 30
597	percent of the freeholders and qualified electors in the
598	downtown area qualified to vote for the purpose of abolishing
599	the board and repealing this act. Upon the receipt of such a
600	petition for a repeal referendum by the city clerk, a referendum
601	election shall be called by the city clerk and shall be held
602	under the procedures as specified in this section. If the repeal
603	shall fail, there shall be no additional repeal referendum made
604	by petition at any time until 1 year after the certification of
605	the results of the previous referendum by the clerk.
606	(9) The elections to be held under this act shall be held
607	in accordance with the election laws of the City of Daytona
608	Beach, sections 22 through 26 of the charter, insofar as
609	possible. The board shall be billed for the cost of the election
610	by the City of Daytona Beach.
611	Section 14. Persons eligible to vote.--In order to afford
612	a fair and equal opportunity to all persons directly or
613	indirectly affected by the creation of a downtown development
614	authority in the City of Daytona Beach, all freeholders, as
615	defined in this act, as well as qualified electors or voters,
616	within the downtown area as described herein, are eligible to
617	vote as provided in this act.
618	Section 15. Millage limitations.--This act provides for
619	the establishment of a special taxing district under s. 9, Art.
620	VII of the Florida Constitution and the millage limitations are
621	specified within this act as authorized by the constitution.
622	However, should any court construe this act to be within the 10-
623	mill limitation of the city or 10-mill limitation of the county,
624	then all provisions of this act shall be null and void, and this
625	act shall be repealed.
626	Section 16. Special assessments.--To further finance the
627	improvements authorized by this act, the Daytona Beach Downtown
628	Development Authority Board is authorized to provide for payment
629	of all or any part of the cost thereof by levying and collecting
630	special assessments on property benefited by such improvements.
631	Such special assessments shall be levied based on the benefits
632	or advantages that reasonably may result to the property or to
633	the owners thereof from the improvement contemplated and may be
634	computed by the front footage of the benefited property, by the
635	area benefited, by the distance from the improvements, or by any
636	combination of these methods. The board shall declare by
637	resolution the nature of the proposed improvements; designate
638	the streets, sidewalks, or other properties to be improved and
639	paid by special assessments; the manner in which said special
640	assessments are to be paid; what part, if any, of said special
641	assessments shall be paid by other funds; designate the lands
642	upon which special assessments shall be levied; and state the
643	total estimated cost of the improvements. Such estimated cost
644	may include the cost of construction or reconstruction; all
645	labor and materials; all lands, rights, easements, and
646	franchises acquired; financing charges and interest prior to,
647	during, and for up to 1 year after completion of construction;
648	plans and specifications and surveys of estimates, costs, and
649	revenues; engineering and legal services; and all other expenses
650	necessary or instant to determining the feasibility or
651	practicality of such construction or reconstruction,
652	administrative expenses, and such other expenses as may be
653	necessary or instant to the financing herein authorized.
654	(1) Upon enactment of the resolution, the board shall
655	cause to be prepared a preliminary assessment provided for in
656	the resolution. The board may contract with the City of Daytona
657	Beach or the County of Volusia to prepare the assessment roll.
658	The assessment roll shall contain property descriptions and
659	preliminary assessments of costs against each lot or parcel of
660	land benefiting from such improvement.
661	(2) Upon completion of the preliminary assessment roll,
662	the board shall cause to be published once in a newspaper of
663	general circulation, published in the City of Daytona Beach, a
664	notice stating that such a preliminary assessment roll has been
665	completed and is on file at the Courthouse Annex of the County
666	of Volusia or City Hall of the City of Daytona Beach and is open
667	to public inspection, and at a regular meeting of the board on a
668	certain day and hour, not later than 15 days after said
669	publication, the board will hear all interested persons
670	regarding the proposed assessments contained in the preliminary
671	assessment roll, which notice shall further state in brief and
672	general terms a description of the improvement with the location
673	thereon.
674	(3) At least 15 days prior to the date of such hearing,
675	notice by first class mail shall be sent to each person whose
676	name and address appears in the most recent ad valorem real
677	property tax rolls prepared by the property appraiser of the
678	County of Volusia, who is the owner of any lot or parcel of land
679	assessed, advising him or her of the nature of the proposed
680	improvements, the estimated cost thereof, the specific amount of
681	assessment made against each lot or parcel of land so owned by
682	him or her or listed in his or her name, and the place, date,
683	and time of the hearing upon the assessments as hereinbefore
684	provided.
685	(4) On or after the hearing provided for in this act, the
686	board shall annul, sustain, or modify in whole or in part the
687	preliminary assessment indicated on the preliminary assessment
688	roll, either by confirming the preliminary assessment against
689	any or all lots or parcels described therein, or by canceling,
690	increasing, or reducing the same, according to the benefits
691	which the board decides may reasonably result or have resulted
692	to each lot or parcel by virtue of said improvement, but shall
693	not confirm any assessment in excess of the benefit to the
694	property assessed. Immediately after the determination of
695	special assessments as hereinbefore provided, the special
696	assessment roll, as sustained or modified, shall be delivered to
697	the Finance Department of the County of Volusia for collection
698	pursuant to provisions of state law. The board's determination
699	of special assessment shall be final and conclusive.
700	(5) Such special assessment shall become due and payable
701	no later than 30 days after the final determination of the
702	special assessments as hereinbefore provided, or at the time and
703	in the manner stipulated in the resolution providing for the
704	improvements. The special assessments shall remain liens,
705	coequal with the lien of all state, county, district, and
706	municipal taxes, superior in dignity to all other liens, titles,
707	and claims until paid. The special assessments may, by the
708	resolution aforesaid, be made payable in not more than 10 equal
709	annual installments, to which, if not paid when due, there shall
710	be added a penalty at the rate of 1 percent per month until
711	paid.
712	(6) After the equalization, approval, and confirmation of
713	the levying of the special assessments for improvements as
714	provided herein, and as soon as a contract for the improvements
715	has been finally let, the board may by resolution or ordinance
716	authorize the issuance of bonds, to be designated "Improvement
717	Bonds, Series No. ________", in an amount not in excess of the
718	aggregate amount of the liens levied for such improvements. Said
719	bonds shall be payable from a special and separate fund to be
720	known as the "Improvement Fund, Series No. ________", which
721	shall be used solely for the payment and principal interest of
722	said "Improvement Bond, Series No. ________" and for no other
723	purpose. Said fund shall be deposited in a separate account with
724	the City of Daytona Beach, and all the proceeds collected by the
725	Finance Department of the County of Volusia from the principal,
726	interest, and penalties of said lien shall be deposited and held
727	in such funds. Said bonds shall mature not later than 2 years
728	after the maturity of the last installment of said liens. Said
729	bonds shall bear certificates signed by the chair of the
730	authority certifying that the amount of lien levied, the
731	proceeds of which are pledged to the payment of said bonds, are
732	equal to the amount of the bonds issued. The bonds issued may be
733	delivered to the contractor in payment of his or her work or may
734	be sold at public or private sale for not less than par and
735	accrued interest, the proceeds to be used in paying for the cost
736	of the work. Said bonds shall not be a charge or payable out of
737	the general revenues of the authority, but shall be payable
738	solely out of the assessments, installments, interest, and
739	penalties arising under this act. Any surplus remaining after
740	payment of all bonds and interest thereon shall revert to the
741	board and be used for any board purposes as it may designate.
742	(7) The special assessments herein described may be
743	administered by the City of Daytona Beach or the Finance
744	Department of the County of Volusia, pursuant to the provisions
745	of law.
746	Section 4. The provisions of this act, being desirable for
747	the welfare of the city and its inhabitants, shall be liberally
748	construed to effectuate the purposes herein provided.
749	Section 5. Chapters 72-520, 77-537, 79-446, and 80-493,
750	Laws of Florida, are repealed.
751	Section 6. This act shall take effect upon becoming a law.