HB 0629CS

CHAMBER ACTION



1The Committee on Local Government & Veterans' Affairs recommends
2the following:
3
4     Committee Substitute
5     Remove the entire bill and insert:
6
A bill to be entitled
7An act relating to the Daytona Beach Downtown Development
8Authority, Volusia County; codifying, amending,
9reenacting, and repealing the authority's special acts;
10providing a popular name; providing definitions; providing
11legislative findings; providing boundaries; providing for
12supervision, appointment, removal, terms, qualifications,
13compensation, and filling of vacancies on the authority;
14providing for functions and powers of the authority;
15providing for ad valorem taxation; providing for board
16records and fiscal management; providing for issuance of
17certificates; providing for elections; providing for
18millage limitations; providing for special assessments;
19providing for liberal construction; providing an effective
20date.
21
22Be It Enacted by the Legislature of the State of Florida:
23
24     Section 1.  Pursuant to section 189.429, Florida Statutes,
25this act constitutes the codification of all special acts
26relating to the Daytona Beach Downtown Development Authority. It
27is the intent of the Legislature in enacting this law to provide
28a single, comprehensive special act charter for the district
29including all current legislative authority granted to the
30district by its several legislative enactments and any
31additional authority granted by this act. It is further the
32intent of this act to preserve all district authority in
33addition to any authority contained in the Florida Statutes, as
34amended from time to time.
35     Section 2.  Chapters 72-520, 77-537, 79-446, and 80-493,
36Laws of Florida, are amended, codified, reenacted, and repealed
37as herein provided.
38     Section 3.  The charter for the Daytona Beach Downtown
39Development Authority is re-created and reenacted to read:
40     Section 1.  Popular name.--This act shall be known and may
41be cited as the "Daytona Beach Downtown Development Authority
42Act."
43     Section 2.  Definitions and rules of construction.--Unless
44qualified in the text, the following definitions and rules of
45construction shall apply hereto:
46     (1)  "Board" means the Daytona Beach Downtown Development
47Authority and any successor to its functions, authority, rights,
48and obligations.
49     (2)  "City" and "Daytona Beach" mean the City of Daytona
50Beach.
51     (3)  "City commission" means the Daytona Beach City
52Commission and any succeeding governing body of the city.
53     (4)  "Downtown" and "downtown area" mean the area as set
54forth herein and to which this act primarily relates, including
55the central business district and its environs.
56     (5)  "Elector" shall be synonymous with the term "voter" or
57"qualified elector or voter."
58     (6)  "Freeholder" means any owner of real property in the
59downtown area not wholly exempt from ad valorem taxation,
60whether individual, corporation, trust, estate, or partnership
61residing or with its principal place of business located in the
62United States of America.
63     (7)  "Herein," "hereby," "hereof," and similar compounds
64refer to the entire act.
65     (8)  "Including" shall be construed as merely introducing
66illustrative examples and not as limiting in any way the
67generality of the inclusive term.
68     (9)  "Majority without qualification" means a majority of a
69quorum.
70     (10)  "Mayor" means the Mayor of the City of Daytona Beach.
71     (11)  "State" means the State of Florida.
72     Section 3.  Statement of policy and legislative findings.--
73     (1)  It is the policy of the state to make it possible for
74the city to revitalize and preserve property values and prevent
75deterioration in the downtown area by a system of self-help to
76correct the commercial blight of such deterioration as has
77developed there. The authority hereby created is intended to
78provide a means whereby property owners who will benefit
79directly from the results of such a program will bear the
80substantial cost thereof and local problems may be solved on the
81local level through the authority hereby created.
82     (2)  The Legislature hereby finds and declares that among
83the many causes of commercial blight in the downtown area are
84the following: impeded automobile traffic flow due to outmoded
85street patterns, proliferation of uncoordinated uses and parking
86areas, unsuitable topography, faulty lot layouts, fragmentation
87of land uses and parking areas necessitating frequent automobile
88movement, lack of separation of pedestrian areas from automobile
89traffic, lack of separation of vehicle traffic lanes, and
90strangled automobile traffic. Voluntary cooperation for
91coordinated development has limitations because of fragmentary
92ownership, absentee ownership, and unusual conditions of title
93and other conditions.
94     (3)  The downtown area is plagued with vacant and
95deteriorating buildings, which are neglected and produce an
96undesirable atmosphere. Similarly, there is much vacant land
97area in the downtown area, and these factors tend to combine to
98put the downtown area at a competitive disadvantage to modern
99offices and shopping centers developing in the area. Many
100businesses of all types have left the area for new locations in
101suburban shopping centers, and few businesses have entered to
102take their places. The oldest commercial structures in the city
103are in this area and some are obsolete, of inferior
104construction, and incompatible with modern functional design as
105is featured in competitive shopping centers. These factors tend
106to develop an image of the downtown area which is
107unrepresentative of its economic vitality and out of place with
108the growth of Daytona Beach, thus producing a tarnishing effect
109on the overall image of the city.
110     (4)  The area now has few residences and many of the
111residences that do exist are undersized and of inferior
112construction, which would not be permitted for new construction
113under the city's building code. It is in some instances a proper
114function of government to remove blight and blighting influences
115from commercial areas. The police power may be inadequate to
116accomplish this purpose. One effective device for removal of the
117blight from the downtown area is the planning and implementation
118of planning for appropriate land use, beautification, continuity
119of planning and aesthetic and technical design concepts, and
120removal of deteriorated and obsolescent structures.
121     (5)  The Legislature further finds and declares that the
122provisions of this act and the powers afforded to the board are
123desirable to guide and accomplish the coordinated, balanced, and
124harmonious development of the downtown area in accordance with
125existing and future needs; to promote the health, safety, and
126general welfare of the area and its inhabitants, visitors,
127property owners, and workers; to establish, maintain, and
128preserve aesthetic values and preserve and foster the
129development and display of attractiveness; to prevent
130overcrowding and congestion; to improve automobile traffic and
131provide pedestrian safety; and to provide a way of life which
132combines the conveniences and amenities of modern living with
133the traditions and pleasures of the past.
134     Section 4.  Downtown area description.--
135     (1)  The downtown area included in this act shall be all
136those properties described as follows:
137
138Begin at the intersection of the easterly line of
139Beach Street, with the easterly extension of the south
140line of Live Oak Avenue; thence westerly along said
141south line of Live Oak Avenue to the westerly line of
142Segrave Street; thence northerly along the said west
143line of Segrave Street to the extension westerly of
144the northerly line of lot 12, and along the northerly
145line of Lots 12 through 19 of said Gorum Weaver
146Subdivision to the northeasterly corner of said Lot
14719; thence easterly, northerly and easterly along the
148boundary of Leon Ellenwood map book 6, page 60, public
149records of Volusia County, Florida, to the westerly
150line of Ridgewood Avenue; thence southerly along the
151westerly line of Ridgewood Avenue to the northerly
152line of Second Avenue; thence easterly along said
153northerly line of Second Avenue to the west line of
154lot 15, block 50, Mason and Coleman's Daytona, of
155record in deed book I, page 151, public records of
156Volusia County, Florida; thence northerly along said
157west line of lot 15 to the north line of San Juan
158Avenue; thence easterly along said north line of San
159Juan Avenue, to the easterly line of Wisconsin Avenue;
160thence northerly along the easterly line of Wisconsin
161Avenue, to the north line of First Avenue; thence
162westerly along the said north line of First Avenue to
163the west line of lot 8, block 51 of said Mason and
164Coleman's Daytona; thence northerly along said west
165line of lot 8, block 51 and extension thereof, to the
166northerly line of Cypress Street; thence easterly
167along said northerly line of Cypress Street to the
168easterly line of Daytona Street; thence northerly
169along said easterly line of Daytona Street and
170extension thereof, to the north line of Fairview
171Avenue; thence easterly along said north line of
172Fairview Avenue and extension thereof, to an
173intersection with the centerline of Halifax River,
174thence southerly along the centerline of the Halifax
175River to a point of intersection with the easterly
176extension of the southerly line of Marina Point
177Condominium, as per legal recorded in Official Records
178book 2125, page 1559, of the public records of Volusia
179County, Florida; thence westerly along said southerly
180line to a point of intersection with the easterly line
181of Beach Street; thence northerly along the easterly
182line of Beach Street to the point of beginning
183
184The board shall have the power from time to time by the
185following procedure to alter or amend the boundaries of the
186downtown area. The board shall first set a date for a public
187hearing on the adoption of a resolution amending the description
188of the downtown area and shall cause a notice of the public
189hearing to be published in a newspaper of general circulation
190published in the city, which notice shall be published four
191times, not less than 30 nor more than 60 days after the date of
192the hearing. The notice shall set forth the date, time, and
193place of the hearing and shall describe the boundaries of the
194existing downtown area as defined herein and shall describe the
195changes to be made thereto. Additionally, the board shall cause
196to be mailed to each owner of the property, according to the tax
197collector's records existing in Volusia County, a copy of the
198notice as published in the newspaper. After the public hearing,
199the board shall adopt a resolution defining the changes in the
200downtown area. The board shall not incorporate land into the
201district not included in the description contained in the notice
202of public hearing, but it may eliminate any lands from the area.
203A referendum, as set out in section 13, shall then be held in
204connection with any additions to the area defined in this
205section, with only those voting in the new area being eligible
206to vote. However, if any deletion shall be made in the area
207defined in this section, then all the freeholders and qualified
208electors within the area defined in this section shall be
209entitled to vote in the referendum.
210     (2)  The owner or owners of real property within the city
211limits of Daytona Beach, and contiguous to the boundaries of the
212Daytona Beach Downtown Development District, may petition the
213Daytona Beach Downtown Development Authority to be included
214within the district boundaries. Upon determination by the
215Daytona Beach Downtown Development Authority that the petition
216bears the signatures of all owners of property in the area
217proposed to be included, the authority may, at any regular
218meeting, adopt a resolution to annex said property and redefine
219the boundary lines of the district to include said property.
220Said resolution shall be passed after same has been published
221once a week for 4 consecutive weeks in a newspaper of general
222circulation within the city limits of Daytona Beach. The
223resolution adopted hereunder shall be filed with the Clerk of
224the City of Daytona Beach. If real property which is contiguous
225to the boundaries of the Daytona Beach Downtown Development
226District is wholly owned by a public or governmental entity or
227subdivision thereof, the property may be included in the
228district boundaries upon the obtaining of a resolution by the
229governing body of the entity consenting to such inclusion. Upon
230receipt of such resolution, the authority may, at any regular
231meeting, adopt a resolution to include said property and
232redefine the boundary lines of the district to include said
233property. Said resolution shall be passed after same has been
234published once a week for 4 consecutive weeks in a newspaper of
235general circulation within the City of Daytona Beach. The
236resolution adopted hereunder shall be filed with the Clerk of
237the Circuit Court of Volusia County and the City of Daytona
238Beach.
239     Section 5.  Authority; supervision; appointment, removal,
240term, qualification, compensation of board members; filling of
241vacancies.--There is hereby created and established the Daytona
242Beach Downtown Development Authority, which authority shall have
243all the powers herein provided.
244     (1)  The affairs of the authority shall be under the direct
245supervision and control of a board of five members, one of whom
246shall be a member of the city commission, appointed by the city
247commission, who shall serve staggered terms.
248     (2)  The city commission shall by vote of a majority of its
249entire membership appoint the members of the authority, and by
250vote of three-fifths of its entire membership, after notice
251specifying the charges and a hearing held not earlier than 10
252days after personal delivery of notice or mailing thereof by
253registered or certified mail addressed to the member at his or
254her latest known residence, the city commission may remove a
255member of the authority for good cause, including willful
256neglect of duty, incompetence, unfitness to perform his or her
257duty, or conviction of an offense involving moral turpitude. A
258member so removed shall be entitled to review by the circuit
259court of the action taken.
260     (3)  Members shall be appointed to serve terms of 3 years
261each July 1.
262     (4)  To qualify for appointment to the authority, and to
263remain qualified for service on it, a prospective noncity
264commission member, or a member already appointed who is not a
265member of the city commission, shall reside in or have his or
266her principal place of business in the city, shall not be
267serving as a city officer or employee, and shall be an owner of
268realty within the downtown area, a lessee thereof, or a
269director, officer, or managing agent of an owner or lessee
270thereof.
271     (5)  Vacancy in office, which shall be filled within 30
272days after its occurrence for the remainder of the unexpired
273term, shall occur whenever a member is removed from office,
274becomes disqualified or otherwise unable to serve, or resigns.
275The city commission shall fill any vacancy in office for the
276unexpired term.
277     (6)  Each member of the board shall serve without
278compensation for services rendered as a member, but may be
279reimbursed by the board for necessary and reasonable expenses
280actually incurred in the performance of duty. The board may
281require all of its members or any or all of its officers or
282employees to post bond for faithful performance of duty, the
283board shall require such bond of all persons authorized to sign
284on accounts of the board, and the board shall pay bonding costs.
285No member of the board shall be personally liable for any action
286taken in attempting in good faith to perform his or her duty, or
287for a decision not to act, except in instances of fraud or
288willful neglect of duty.
289     (7)  A member of the city commission appointed to the board
290shall be a member of the board only so long as he or she is a
291member of the city commission, and the vacancy thus created
292shall be filled by the city commission.
293     Section 6.  Board bylaws and internal governance.--The
294board shall formulate and may amend its own rules of procedure
295and written bylaws not inconsistent with this act. A majority of
296its entire membership shall constitute a quorum for the
297transaction of business, but fewer than a quorum may adjourn
298from time to time and may compel the attendance of absent
299members. All action shall be taken by a vote of at least a
300majority present and voting. The board shall select one of its
301members as chair and another as vice chair and shall prescribe
302their duties, powers, and terms of serving. The board shall hold
303regular meetings at least once a month and shall provide in its
304bylaws for holding special meetings. All meetings shall be given
305public notice and shall be open to the public.
306     Section 7.  Functions of the authority.--The authority
307shall perform the following functions:
308     (1)  Prepare an analysis of the economic conditions and
309changes occurring in the downtown area, including the effect of
310such factors as metropolitan growth, traffic congestion, lack of
311adequate parking and other access facilities, and structural
312obsolescence and deterioration.
313     (2)  Formulate immediate, intermediate, and long-range
314development programs for improving the attractiveness and
315accessibility to the public of downtown facilities, promoting
316efficient use thereof, remedying the deterioration of downtown
317property values, and developing the downtown area.
318     (3)  Recommend to the city commission and to downtown
319business owners and residents the actions deemed most suitable
320for implementing the downtown development programs, including
321removal, razing, repair, renovation, reconstruction, remodeling,
322and improvement of existing structures, addition of new
323structures and facilities, relocation of any existing structures
324and facilities, and changes in patterns of and facilities for
325traveling to and from the downtown area.
326     (4)  Participate actively in the implementation and
327execution of downtown development programs, including
328establishment, acquisition, construction, ownership, financing,
329leasing, licensing, operation, and management of public
330facilities deemed feasible and beneficial in effecting
331implementation, but this subsection shall not give the authority
332any power or control over any city property unless and until
333assigned to it by the city commission.
334     (5)  Carry on all projects and undertakings authorized by
335law and within the limits of the powers granted to it by law,
336and such additional public projects and undertakings related to
337the downtown area as the city commission may assign to it with
338its consent.
339     Section 8.  Powers of the authority.--In the performance of
340the functions vested in or assigned to it, the authority is
341hereby granted the following powers:
342     (1)  To enter into contracts and agreements and to sue and
343be sued as a body corporate.
344     (2)  To have and use a corporate seal.
345     (3)  To acquire, own, convey, or otherwise dispose of,
346lease as lessor or lessee, construct, maintain, improve,
347enlarge, raze, relocate, operate, and manage property and
348facilities of whatever type, and to grant or acquire licenses,
349easements, and options with respect thereto.
350     (4)  To accept grants and donations of any type of
351property, labor, or other thing of value from any public or
352private source.
353     (5)  To receive the proceeds of the tax hereby imposed.
354     (6)  To receive the revenues from any property or facility
355owned, leased, licensed, or operated by it or under its control,
356subject to the limitations imposed upon it by trusts or other
357agreements validly entered into by it.
358     (7)  To have exclusive control of all funds legally
359available to it, subject to limitations imposed upon it by law
360or by any agreement validly entered into by it.
361     (8)  To cooperate and enter into agreements with any
362governmental agency or other public body.
363     (9)  To make to or receive from the city or Volusia County
364conveyances, leasehold interests, grants, contributions, loans,
365and other rights and privileges.
366     (10)  To issue and sell revenue certificates as hereinafter
367provided, or in any other manner permitted by law and not
368inconsistent with the provisions hereof, and to take all steps
369deemed by it necessary or expedient for efficient preparation
370and marketing of the certificates at public or private sale at
371the best price obtainable, including the entry into binding
372agreements with corporate trustees, underwriters, and the
373holders of the certificates, and the employment and payment, as
374a necessary expense of issuance, for the services of consultants
375on valuations, costs, and feasibility of undertaking, revenues
376to be anticipated and other financial matters, architecture,
377engineering, legal matters, accounting matters, and any other
378fields in which expert advice may be needed to effectuate
379advantageous issuance and marketing.
380     (11)  To fix, regulate, and collect rates and charges for
381facilities and services furnished by it or under its control and
382to pledge the revenue to the payment of revenue certificates
383issued by it.
384     (12)  To borrow money on its unsecured notes, for a period
385not exceeding 9 months, in an aggregate amount for all
386outstanding unsecured notes not exceeding 50 percent of the
387proceeds received during the immediately prior fiscal year from
388the tax hereby imposed, and at an annual rate of interest not
389exceeding the rate being charged at the time of the loan by
390banks in the city on unsecured short-term loans to local
391businesses.
392     (13)  To acquire by rental or otherwise and to equip and
393maintain a principal office for the conduct of its business and
394such branch offices as it may from time to time deem expedient.
395     (14)  To employ and prescribe the duties, authority,
396compensation, and reimbursement of expenses of the director of
397the authority, who shall act as its chief executive officer; a
398general counsel, who shall be an attorney with at least 5 years
399of experience in active Florida practice and so engaged at the
400time of appointment; and such other personnel as it may, after
401consultation with the director, deem necessary from time to
402time; provided, its personnel shall not be under civil service
403regulations, may be employed to serve at its pleasure, shall not
404in any event be contracted with for a term of employment longer
405than 5 years, shall not while employed by it serve as city
406officers or employees, and, with the exception of its secretary,
407shall not while employed by it serve as a member of it.
408     (15)  To enter into contracts in furtherance of its duties
409and in the exercise of its powers, and to contract and otherwise
410cooperate with and participate in all projects and undertakings
411of the United States and the state and all of their agencies and
412instrumentalities in furthering the purpose of this section.
413     (16)  To exercise all powers incidental to the effective
414and expedient exercise of the foregoing powers to the extent not
415in conflict herewith or inconsistent herewith.
416     (17)  To acquire by purchase or the exercise of the power
417of eminent domain, which must be in the best interest of the
418public, on such terms and conditions and in such manner as it
419may deem proper, and to own, convey, and otherwise dispose of
420and to lease, as lessor or lessee, any land and any other
421property, real and personal, and any rights and interests
422therein which it may determine to be reasonably necessary in
423furtherance of its other powers under this section, and to grant
424and acquire licenses, easements, and options with respect
425thereto; provided, however, that the compensation paid to owners
426of land and any other property, real and personal, or any
427property right, who have said rights acquired from them under
428this act by eminent domain, shall include reasonable
429reimbursement for relocating an existing business; and provided
430further that any property leased to private interests shall not
431be exempt from ad valorem taxes.
432     Section 9.  Levy of ad valorem tax.--An ad valorem tax in
433addition to all other ad valorem taxes is hereby levied annually
434for the purpose of financing the operation of the authority on
435all property in the downtown area which is subject to ad valorem
436taxation for city operating expenses. The tax base shall be the
437assessed valuation made annually by the county tax assessor. The
438rate shall be 1 mill on each dollar of tax base, unless the
439authority, by written notice to the county tax collector at such
440time as he or she shall specify, sets a rate of less than 1 mill
441for the ensuing fiscal year. The county tax collector shall
442collect the tax when and in the same manner in which he or she
443collects ad valorem taxes, with the same discounts for early
444payment, and shall pay the proceeds to the city treasurer for
445the account of the authority.
446     Section 10.  Board records and fiscal management.--
447     (1)  The funds of the board shall be maintained under a
448separate account and shall be used for the purposes herein
449authorized and shall be distributed only by direction of or with
450the approval of the board pursuant to requisitions signed by the
451director or other designated chief fiscal officer of the board
452and countersigned by at least one other person who shall be a
453member of the board.
454     (2)  The board bylaws shall provide for maintenance of
455minutes and other official records of its proceedings and
456actions; preparation and adoption of an annual budget for each
457ensuing fiscal year; internal supervision and control of its
458accounts, which function the appropriate city fiscal officers
459may perform for the board at its request; and an external audit
460at least annually by an independent certified public accountant
461who has no personal interest, direct or indirect, in its fiscal
462affairs. A copy of the external audit shall be filed with the
463city clerk within 90 days after the end of each fiscal year. The
464bylaws shall specify the means by which each of these functions
465is to be performed and, as to those functions assigned to board
466personnel, the manner and schedule of performance.
467     (3)  No member or employee of the board shall participate
468by vote or otherwise on behalf of the board in any matter in
469which he or she has a direct financial interest or an indirect
470financial interest other than of the benefits to be derived
471generally from the development of the downtown area.
472Participation with knowledge of such interest shall constitute
473malfeasance and shall result, as regards a member, in automatic
474forfeiture of office, or as regards an employee, in prompt
475dismissal.
476     Section 11.  Provisions governing issuance of revenue
477certificates.--Issuance of revenue certificates by the board
478shall be governed by the following general provisions:
479     (1)  Revenue certificates for purposes hereof are limited
480to obligations that are secured solely by pledge of revenues
481produced by the facility or facilities for the benefit of which
482the certificates are issued and the sale proceeds used and that
483do not constitute a lien or encumbrance, legal or equitable, on
484any real property of the board or on any of its personal
485property other than the revenue pledged to secure payment of the
486certificates.
487     (2)  The faith and credit of the city shall not be pledged
488and the city shall not be obligated directly or indirectly to
489make any payments on or appropriate any funds for certificates
490issued by the board.
491     (3)  Before issuing any revenue certificates, the board
492shall as to each issue:
493     (a)  Prepare or procure from a reputable source detailed
494estimates of the total cost of the undertaking for which the
495certificates are contemplated and of the annual revenues to be
496obtained therefrom and pledged as security for payment of the
497certificates.
498     (b)  Determine that the anticipated net proceeds from the
499sale, together with any other funds available and intended for
500the purposes of the issue, will be sufficient to cover all costs
501of the undertaking and of preparing and marketing the issues or
502anything connected therewith.
503     (c)  Determine that the annual revenues anticipated from
504the undertaking will be sufficient to pay the estimated annual
505cost of maintaining, repairing, operating, and replacing, to any
506necessary extent, not only the undertaking but also the punctual
507payment of the principal of, and interest on, the contemplated
508certificates.
509     (d)  Specify these determinations in and include the
510supporting estimates as parts of the resolution providing for
511the issue.
512     (4)  The board may, as to any issue of revenue
513certificates, engage the services of a corporate trustee for the
514issue and may treat any or all costs of carrying out the trust
515agreement as part of the operating costs of the undertaking for
516which the certificates are issued.
517     (5)  The board shall from time to time establish such
518rentals, rates, and charges, or shall by agreement maintain such
519control thereof, as to meet punctually all payments on the
520undertaking and its maintenance and repair, including reserves
521therefor, and for depreciation and replacement.
522     (6)  Revenue certificates may be issued for the purposes of
523funding, refunding, or both.
524     (7)  All revenue certificates issued pursuant hereto shall
525be negotiable instruments for all purposes.
526     (8)  Validation of certificates of indebtedness shall be in
527accordance with chapter 75, Florida Statutes.
528     Section 12.  Transfer upon cessation of the board.--Should
529the board cease to exist or to operate for whatever reason, all
530property of whatever kind shall forthwith become the property of
531the city, subject to the outstanding obligations of the board
532incurred in conformity with all of the foregoing provisions, and
533the city shall use this property to the maximum extent then
534practicable for effectuating the purpose hereof and shall
535succeed to and exercise only such powers of the board as shall
536be necessary to meet outstanding obligations of the board and
537effect an orderly cessation of its powers and functions;
538however, under no circumstances shall the city directly or
539indirectly be obligated to pledge or use any of its tax moneys
540to accomplish these functions.
541     Section 13.  Freeholders and qualified electors
542referendum.--Elections called after increasing or decreasing the
543boundaries of the downtown area in accordance with section 4 of
544this act shall be held in accordance with the following
545referendum provisions; provided, however, that no provision of
546this act shall require the approval of freeholders and qualified
547electors in an area which has previously approved of the
548provisions of this act by any referendum held hereinunder,
549unless there is involved a decrease in the boundaries of the
550downtown area.
551     (1)  For the purposes of this referendum, the city clerk
552shall work with the county supervisor of elections to perform
553all things necessary to carry out the provisions of this
554section.
555     (2)  Within 30 days after this act becoming a law of this
556state, the Clerk of the City of Daytona Beach shall compile a
557list of the names and the last known addresses of the
558freeholders and qualified electors in the downtown area from the
559voter registration rolls of the County of Volusia and the same
560shall constitute the registration list for the purposes of the
561referendum herein, except as hereinafter provided.
562     (3)  Within the time period specified in subsection (2),
563the clerk shall notify the freeholders and qualified electors of
564the general provisions of this act, the dates of the upcoming
565referendum, and the method provided for additional registration
566should the status of the freeholder or qualified elector have
567changed from that obtained from the county supervisor of
568elections. Notification hereunder shall be by registered or
569certified mail and published one time in the Daytona Beach News-
570Journal or another major newspaper of general circulation within
571the time period provided in subsection (2).
572     (4)  The voter registration lists shall remain open until
57330 days after the notifications provided in subsection (3).
574     (5)  Within 30 days after the closing of the registration
575list, the clerk shall have a secret and direct ballot of the
576freeholders and qualified electors by providing a certified
577voting machine at the City Hall of the City of Daytona Beach,
578between the legal hours of voting in normal municipal elections,
579and shall place the date of this election in the original
580notification and, additionally, the day after the registration
581list is closed, shall mail to all eligible voters additional
582notification of the time and place of said election. Within 1
583day after holding said election, the clerk shall certify the
584results thereof to the City Commission of Daytona Beach. Any
585person voting who has knowledge that he or she is not a
586freeholder or qualified elector as defined by this act shall be
587guilty of perjury and shall be prosecuted and upon conviction,
588punished in accordance with the provisions of the laws of this
589state.
590     (6)  The freeholders and qualified electors shall be deemed
591to have approved any amendment to the boundaries of the downtown
592area at such time as the clerk certifies to the City Commission
593of Daytona Beach that in excess of 50 percent of those voting
594were in favor of the amendment.
595     (7)  For the purposes of this act, one vote shall be
596allowed for each individual who is a freeholder or qualified
597elector within the downtown area defined in this act and by the
598Constitution and laws of the State of Florida. Joint and several
599owners of property shall be allowed to cast one ballot each.
600     (8)  A repeal referendum may be called by petition of the
601freeholders and qualified electors representing at least 30
602percent of the freeholders and qualified electors in the
603downtown area qualified to vote for the purpose of abolishing
604the board and repealing this act. Upon the receipt of such a
605petition for a repeal referendum by the city clerk, a referendum
606election shall be called by the city clerk and shall be held
607under the procedures as specified in this section. If the repeal
608shall fail, there shall be no additional repeal referendum made
609by petition at any time until 1 year after the certification of
610the results of the previous referendum by the clerk.
611     (9)  The elections to be held under this act shall be held
612in accordance with the election laws of the City of Daytona
613Beach, sections 22 through 26 of the charter, insofar as
614possible. The board shall be billed for the cost of the election
615by the City of Daytona Beach.
616     Section 14.  Persons eligible to vote.--In order to afford
617a fair and equal opportunity to all persons directly or
618indirectly affected by the creation of a downtown development
619authority in the City of Daytona Beach, all freeholders, as
620defined in this act, as well as qualified electors or voters,
621within the downtown area as described herein, are eligible to
622vote as provided in this act.
623     Section 15.  Millage limitations.--This act provides for
624the establishment of a special taxing district under s. 9, Art.
625VII of the Florida Constitution and the millage limitations are
626specified within this act as authorized by the constitution.
627However, should any court construe this act to be within the 10-
628mill limitation of the city or 10-mill limitation of the county,
629then all provisions of this act shall be null and void, and this
630act shall be repealed.
631     Section 16.  Special assessments.--To further finance the
632improvements authorized by this act, the Daytona Beach Downtown
633Development Authority Board is authorized to provide for payment
634of all or any part of the cost thereof by levying and collecting
635special assessments on property benefited by such improvements.
636Such special assessments shall be levied based on the benefits
637or advantages that reasonably may result to the property or to
638the owners thereof from the improvement contemplated and may be
639computed by the front footage of the benefited property, by the
640area benefited, by the distance from the improvements, or by any
641combination of these methods. The board shall declare by
642resolution the nature of the proposed improvements; designate
643the streets, sidewalks, or other properties to be improved and
644paid by special assessments; the manner in which said special
645assessments are to be paid; what part, if any, of said special
646assessments shall be paid by other funds; designate the lands
647upon which special assessments shall be levied; and state the
648total estimated cost of the improvements. Such estimated cost
649may include the cost of construction or reconstruction; all
650labor and materials; all lands, rights, easements, and
651franchises acquired; financing charges and interest prior to,
652during, and for up to 1 year after completion of construction;
653plans and specifications and surveys of estimates, costs, and
654revenues; engineering and legal services; and all other expenses
655necessary or instant to determining the feasibility or
656practicality of such construction or reconstruction,
657administrative expenses, and such other expenses as may be
658necessary or instant to the financing herein authorized.
659     (1)  Upon enactment of the resolution, the board shall
660cause to be prepared a preliminary assessment provided for in
661the resolution. The board may contract with the City of Daytona
662Beach or the County of Volusia to prepare the assessment roll.
663The assessment roll shall contain property descriptions and
664preliminary assessments of costs against each lot or parcel of
665land benefiting from such improvement.
666     (2)  Upon completion of the preliminary assessment roll,
667the board shall cause to be published once in a newspaper of
668general circulation, published in the City of Daytona Beach, a
669notice stating that such a preliminary assessment roll has been
670completed and is on file at the Courthouse Annex of the County
671of Volusia or City Hall of the City of Daytona Beach and is open
672to public inspection, and at a regular meeting of the board on a
673certain day and hour, not later than 15 days after said
674publication, the board will hear all interested persons
675regarding the proposed assessments contained in the preliminary
676assessment roll, which notice shall further state in brief and
677general terms a description of the improvement with the location
678thereon.
679     (3)  At least 15 days prior to the date of such hearing,
680notice by first class mail shall be sent to each person whose
681name and address appears in the most recent ad valorem real
682property tax rolls prepared by the property appraiser of the
683County of Volusia, who is the owner of any lot or parcel of land
684assessed, advising him or her of the nature of the proposed
685improvements, the estimated cost thereof, the specific amount of
686assessment made against each lot or parcel of land so owned by
687him or her or listed in his or her name, and the place, date,
688and time of the hearing upon the assessments as hereinbefore
689provided.
690     (4)  On or after the hearing provided for in this act, the
691board shall annul, sustain, or modify in whole or in part the
692preliminary assessment indicated on the preliminary assessment
693roll, either by confirming the preliminary assessment against
694any or all lots or parcels described therein, or by canceling,
695increasing, or reducing the same, according to the benefits
696which the board decides may reasonably result or have resulted
697to each lot or parcel by virtue of said improvement, but shall
698not confirm any assessment in excess of the benefit to the
699property assessed. Immediately after the determination of
700special assessments as hereinbefore provided, the special
701assessment roll, as sustained or modified, shall be delivered to
702the Finance Department of the County of Volusia for collection
703pursuant to provisions of state law. The board's determination
704of special assessment shall be final and conclusive.
705     (5)  Such special assessment shall become due and payable
706no later than 30 days after the final determination of the
707special assessments as hereinbefore provided, or at the time and
708in the manner stipulated in the resolution providing for the
709improvements. The special assessments shall remain liens,
710coequal with the lien of all state, county, district, and
711municipal taxes, superior in dignity to all other liens, titles,
712and claims until paid. The special assessments may, by the
713resolution aforesaid, be made payable in not more than 10 equal
714annual installments, to which, if not paid when due, there shall
715be added a penalty at the rate of 1 percent per month until
716paid.
717     (6)  After the equalization, approval, and confirmation of
718the levying of the special assessments for improvements as
719provided herein, and as soon as a contract for the improvements
720has been finally let, the board may by resolution or ordinance
721authorize the issuance of bonds, to be designated "Improvement
722Bonds, Series No. ________", in an amount not in excess of the
723aggregate amount of the liens levied for such improvements. Said
724bonds shall be payable from a special and separate fund to be
725known as the "Improvement Fund, Series No. ________", which
726shall be used solely for the payment and principal interest of
727said "Improvement Bond, Series No. ________" and for no other
728purpose. Said fund shall be deposited in a separate account with
729the City of Daytona Beach, and all the proceeds collected by the
730Finance Department of the County of Volusia from the principal,
731interest, and penalties of said lien shall be deposited and held
732in such funds. Said bonds shall mature not later than 2 years
733after the maturity of the last installment of said liens. Said
734bonds shall bear certificates signed by the chair of the
735authority certifying that the amount of lien levied, the
736proceeds of which are pledged to the payment of said bonds, are
737equal to the amount of the bonds issued. The bonds issued may be
738delivered to the contractor in payment of his or her work or may
739be sold at public or private sale for not less than par and
740accrued interest, the proceeds to be used in paying for the cost
741of the work. Said bonds shall not be a charge or payable out of
742the general revenues of the authority, but shall be payable
743solely out of the assessments, installments, interest, and
744penalties arising under this act. Any surplus remaining after
745payment of all bonds and interest thereon shall revert to the
746board and be used for any board purposes as it may designate.
747     (7)  The special assessments herein described may be
748administered by the City of Daytona Beach or the Finance
749Department of the County of Volusia, pursuant to the provisions
750of law.
751     Section 4.  The provisions of this act, being desirable for
752the welfare of the city and its inhabitants, shall be liberally
753construed to effectuate the purposes herein provided.
754     Section 5.  Chapters 72-520, 77-537, 79-446, and 80-493,
755Laws of Florida, are repealed.
756     Section 6.  This act shall take effect upon becoming a law.


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