HB 1053CS

CHAMBER ACTION



1The Local Government Council recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to St. Lucie County; creating the St.
7Lucie County Research and Education Authority, an
8independent special district in St. Lucie County;
9providing definitions; providing for a governing board and
10powers; providing for a research and educational
11facilities benefit assessment; providing for exemption
12from taxation; providing minimum charter requirements;
13providing for a referendum; providing for construction and
14severability; providing an effective date.
15
16Be It Enacted by the Legislature of the State of Florida:
17
18     Section 1.  Legislative findings and intent.--
19     (1)  The purposes of this act are to:
20     (a)  Create an independent research and education authority
21within St. Lucie County to promote and stimulate economic
22development and employment opportunities within St. Lucie County
23and throughout the Treasure Coast.
24     (b)  Provide a dedicated funding source to be utilized by
25the St. Lucie County Research and Education Authority to fund
26education and research initiatives in St. Lucie County,
27including enhancement of existing facilities and programs and
28development of new facilities and programs to provide a sound
29basis for economic development and employment in St. Lucie
30County.
31     (c)  Provide a funding incentive for public-private
32partnerships to develop research and education facilities and
33programs within St. Lucie County and the Treasure Coast.
34     (d)  Determine that the creation and operation of the St.
35Lucie County Research and Education Authority is in the public
36interest.
37     (2)  The Legislature finds that:
38     (a)  The creation of research and educational facilities
39will attract high-technology businesses and related research
40enterprises to St. Lucie County and provide and maintain a job
41base of highly compensated scientists, technicians, and
42administrators to the county.
43     (b)  The creation of new research and educational
44facilities and the attraction and maintenance of a high-
45technology, strong, high-paying job base in the county
46especially benefit the value of real property in the county by
47helping to maintain its value and stimulate growth in value over
48time as the property is sold or resold.
49     (c)  It is appropriate and equitable for the purchaser or
50seller of benefited real property whose value is enhanced by the
51creation of research and educational facilities and maintenance
52of a strong job base in St. Lucie County to pay a research and
53educational facilities benefit assessment at the time of
54property transfer that is proportional to and not in excess of
55the benefit received from the referenced facilities.
56     (3)  The Legislature hereby intends to create an
57independent special district and grant to it the authority
58contained in this act to receive and spend research and
59educational facilities benefit assessments collected pursuant to
60this act specifically for the creation of research and
61educational facilities that will stimulate the growth of high-
62technology businesses and employment in St. Lucie County and
63protect and enhance real property value in the county.
64     Section 2.  Creation.--Pursuant to chapter 189, Florida
65Statutes, the St. Lucie County Research and Education Authority
66is hereby created as a public body and independent special
67district the boundaries of which are coterminous with the
68boundaries of St. Lucie County.
69     Section 3.  Definitions.--As used in this act:
70     (1)  "Board" means the governing board of the St. Lucie
71County Research and Education Authority.
72     (2)  "Authority" means the St. Lucie County Research and
73Education Authority.
74     (3)  "Research and educational facilities benefit
75assessment" means a non-ad valorem assessment as defined in
76section 197.3632, Florida Statutes.
77     Section 4.  Governing board; membership; qualification;
78officers; meetings.--
79     (1)  The board of the authority shall at all times consist
80of seven members, two of whom shall be elected by and from the
81Board of County Commissioners of St. Lucie County, two of whom
82shall be elected by and from the City Commission of the City of
83Fort Pierce, two of whom shall be elected by and from the City
84Council of the City of Port St. Lucie, and one of whom shall be
85appointed by the Governor.
86     (2)  Within 90 days after the effective date of this act,
87the members shall be elected by their respective board,
88commission, or council as set forth in subsection (1) and the
89Governor shall make his or her appointment to the board as set
90forth in subsection (1).
91     (3)  The terms of office of the two members from the Board
92of County Commissioners of St. Lucie County, the two members
93from the City Commission of the City of Fort Pierce, and the two
94members from the City Council of the City of Port St. Lucie, and
95their respective successors, shall be for periods of 2 years.
96The term of office of the seventh member appointed by the
97Governor shall be for a period of 2 years, but said seventh
98member shall continue to serve until his or her successor is
99appointed.
100     (4)  As to the two members from the Board of County
101Commissioners of St. Lucie County, the two members from the City
102Commission of the City of Fort Pierce, and the two members from
103the City Council of the City of Port St. Lucie, their
104continuance in such official capacities as members of the board
105of county commissioners, city commission, and city council shall
106be deemed an essential qualification as to their continuance as
107members of the board of the authority.
108     (5)  Each member of the board shall assume office 10 days
109following the member's election or appointment. Biennially,
110within 60 days after the newly elected and appointed members
111have taken office, the board shall organize by electing from its
112members a chair, a vice chair, a secretary, and a treasurer. The
113positions of secretary and treasurer may be held by one member.
114Funds of the authority may be disbursed only upon the order or
115pursuant to resolution of the board, by warrant or check signed
116by the treasurer or other person authorized by the board.
117However, a petty cash account may be authorized by the board.
118The board may give the treasurer additional powers and duties
119that it deems appropriate.
120     (6)  Members of the board shall serve without pay. However,
121members may be reimbursed for travel and per diem expenses as
122provided in section 112.061, Florida Statutes.
123     (7)  If a vacancy occurs on the board due to the
124resignation, death, or removal of a member or the failure of
125anyone to qualify for a board seat, the board, commission,
126council, or Governor responsible for the original election or
127appointment shall elect or appoint a qualified person to fill
128the seat for the remaining term, if any. The board shall remove
129any member who has three consecutive, unexcused absences from
130regularly scheduled meetings. The board shall adopt policies by
131resolution defining excused and unexcused absences.
132     (8)  Each member shall, upon assuming office, take and
133subscribe to the oath of office prescribed by s. 5(b), Art. II
134of the State Constitution and section 876.05, Florida Statutes.
135Each member, within 30 days after assuming office, must give the
136Governor a good and sufficient surety bond in the sum of $5,000,
137the cost thereof being borne by the authority, conditioned on
138the member's faithful performance of his or her duties of
139office.
140     (9)  The board shall keep a permanent record book entitled
141"Record of Proceedings of St. Lucie County Research and
142Education Authority," in which the minutes of all meetings,
143resolutions, proceedings, certificates, bonds given by
144commissioners, and corporate acts shall be recorded. The record
145book shall be open to inspection in the same manner as state,
146county, and municipal records are open under chapter 119,
147Florida Statutes, and s. 24, Art. I of the State Constitution.
148The record book shall be kept at the office or other regular
149place of business maintained by the board in St. Lucie County.
150     (10)  All meetings of the board shall be open to the public
151consistent with chapter 286, Florida Statutes, section 189.417,
152Florida Statutes, and other applicable general laws.
153     Section 5.  General powers.--The authority shall have, and
154the board may exercise by majority vote, the following powers:
155     (1)  To sue and be sued in the name of the authority, to
156adopt and use a seal and authorize the use of a facsimile
157thereof, and to make and execute contracts and other instruments
158necessary or convenient to the exercise of its powers.
159     (2)  To provide for a pension or retirement plan for its
160employees. In accordance with section 215.425, Florida Statutes,
161the board may provide for an extra compensation program,
162including a lump-sum bonus payment program, to reward
163outstanding employees whose performance exceeds standards if the
164program provides that a bonus payment may not be included in an
165employee's regular base rate of pay and may not be carried
166forward in subsequent years.
167     (3)  To contract for the services of consultants to perform
168planning, engineering, legal, or other professional services.
169     (4)  To borrow money and accept gifts; to apply for and use
170grants or loans of money or other property from the United
171States, the state, a unit of local government, or any person for
172any purposes of the authority and enter into agreements required
173in connection therewith; and to hold, use, sell, and dispose of
174such moneys or property for any authority purpose in accordance
175with the terms of the gift, grant, loan, or agreement relating
176thereto.
177     (5)  To adopt resolutions and procedures prescribing the
178powers, duties, and functions of the officers of the authority;
179the conduct of the business of the authority; the maintenance of
180records; and the form of other documents and records of the
181authority.
182     (6)  To maintain an office at places it designates within
183St. Lucie County and appoint an agent of record.
184     (7)  To acquire, by purchase, lease, gift, dedication,
185devise, or otherwise, real and personal property or any estate
186therein for any purpose authorized by this act and to trade,
187sell, or otherwise dispose of surplus real or personal property.
188The board may purchase equipment by an installment sales
189contract if funds are available to pay the current year's
190installments on the equipment and to pay the amounts due that
191year on all other installments and indebtedness.
192     (8)  To hold, control, and acquire by donation or purchase
193any public easement, dedication to public use, platted
194reservation for public purposes, or reservation for those
195purposes authorized by this act and to use such easement,
196dedication, or reservation for any purpose authorized by this
197act consistent with applicable adopted local government
198comprehensive plans and land development regulations.
199     (9)  To lease as lessor or lessee to or from any person,
200firm, corporation, association, or body, public or private, any
201facility or property of any nature for the use of the authority
202when necessary to carry out the authority's powers and duties
203under this act.
204     (10)  To borrow money and issue bonds, revenue anticipation
205notes, or certificates payable from and secured by a pledge of
206funds, revenues, and assessments, warrants, notes, or other
207evidence of indebtedness, when necessary to carry out the
208authority's powers and duties under this act.
209     (11)  To cooperate or contract with other persons or
210entities, including other governmental agencies, as necessary,
211convenient, incidental, or proper in connection with providing
212effective mutual aid and furthering any power, duty, or purpose
213authorized by this act.
214     (12)  To develop and adopt research and education plans and
215programs for the support and enhancement of existing research
216and education facilities and programs in St. Lucie County.
217     (13)  To implement approved research and education plans
218including financial support to improve existing facilities and
219programs; the purchase, lease, or construction and development
220of new research or education facilities; and initiation of new
221research or education programs including joint ventures with
222public or private partners.
223     (14)  To utilize a research and educational facilities
224benefit assessment as defined in section 3 to implement adopted
225research and education plans or programs and to pay for
226administration of the authority and the purposes of the
227authority.
228     (15)  To select as a depository for its funds any qualified
229public depository as defined in section 280.02, Florida
230Statutes, which meets all the requirements of chapter 280,
231Florida Statutes, and has been designated by the Chief Financial
232Officer as a qualified public depository, upon such terms and
233conditions as to the payment of interest upon the funds
234deposited as the board deems just and reasonable.
235     (16)  To provide adequate insurance on all real and
236personal property, equipment, employees, and other personnel.
237     Section 6.  Bonds; no pledge of full faith and credit.--
238     (1)  Beginning in 2007, and for the life of the bond issue
239authorized by this section, the first $500,000 in assessment
240revenue collected annually shall be pledged and utilized for the
241issuance of revenue bonds. Such bonds may be issued for a period
242of up to 30 years. The bonds authorized by this section shall be
243used exclusively for the purchase of real property to provide an
244incentive for the location or development of research or
245educational facilities in St. Lucie County. Upon satisfaction of
246the bonded indebtedness incurred herein, this section shall be
247repealed unless reenacted by a subsequent legislature.
248     (2)  The authority contained herein does not constitute a
249pledge of the full faith and credit of the authority pursuant to
250s. 12, Art. VII of the State Constitution. Bonds issued
251hereunder shall only be secured by research and educational
252facilities benefit assessment revenues collected by the
253authority pursuant to this act and no other source of revenue.
254     Section 7.  Research and educational facilities benefit
255assessment; exemptions.--
256     (1)  In addition to the tax on deeds and other instruments
257relating to real property required pursuant to section 201.02,
258Florida Statutes, any nonexempt transfer or conveyance of real
259property as defined therein after the effective date of this act
260shall require simultaneous payment to the clerk of the circuit
261court of a research and educational facilities benefit
262assessment in an amount prescribed by the following schedule:
263     (a)  New single-family residential units, multifamily
264residential units, or manufactured (mobile) homes:  $250 per
265dwelling.
266     (b)  Existing single-family residential units, multifamily
267residential units, or manufactured (mobile) homes:  $125 per
268dwelling.
269     (c)  New commercial/industrial structures:  $150 per 1,000
270square feet.
271     (d)  Commercial/industrial resale:  $75 per 1,000 square
272feet.
273     (e)  Vacant residential land:  $150 per dwelling unit
274authorized by city or county zoning and comprehensive plan
275provisions.
276     (f)  Vacant commercial/industrial property:  $75 per each
2771,000 square feet of development authorized by city or county
278zoning and comprehensive plan provisions.
279     (g)  Vacant agricultural property:  $100 plus $10 per acre
280for every acre over 1 acre.
281     (2)  The assessment collected pursuant to this act by the
282clerk of the circuit court shall be transferred to an account
283designated by the authority. Such transfers shall be made within
28430 days after collection.
285     (3)  The following transfers of real property shall be
286exempt from the assessment provided in subsection (1):
287     (a)  Transfers of bona fide, commercial agricultural land
288that include a deed restriction or covenant requiring the land
289to remain in agricultural use for a minimum of 10 years.
290     (b)  Residential transfers of housing financed by the
291Florida Housing Finance Corporation.
292     (c)  Existing research and education facilities.
293     (d)  Commercial facilities and research or educational
294projects financed in whole or in part by the authority.
295     Section 8.  Exemption from taxation.--Because the exercise
296of the powers conferred by this act constitutes action by a
297political subdivision performing essential public functions, and
298because the property of the authority constitutes public
299property used for public purposes, all assets and properties of
300the authority, including property acquired through the
301foreclosure of any lien, are exempt from all taxes imposed by
302the state or any political subdivision, agency, or
303instrumentality of the state.
304     Section 9.  Minimum charter requirements.--In accordance
305with section 189.404(3), Florida Statutes, the following
306subsections shall comprise the minimum required charter
307provisions for the authority:
308     (1)  The authority is organized and exists for all purposes
309set forth in this act and chapter 189, Florida Statutes, as they
310may be amended from time to time.
311     (2)  The powers, functions, and duties of the authority
312regarding bond issuance, revenue-raising capabilities, budget
313preparation and approval, liens, foreclosure of liens, use of
314tax deeds and tax certificates, and contractual agreements shall
315be as set forth in chapters 189 and 201, Florida Statutes, this
316act, or any other applicable general or special law, as they may
317be amended from time to time.
318     (3)  The authority was created by special act of the
319Legislature.
320     (4)  The authority's charter may be amended only by special
321act of the Legislature, unless otherwise provided by chapter
322189, Florida Statutes, as it may be amended from time to time.
323     (5)  The authority is governed by a seven-member board. The
324membership and organization of the board shall be as set forth
325in this act and chapter 189, Florida Statutes, as they may be
326amended from time to time.
327     (6)  Board members may be paid a salary in accordance with
328this act and chapter 189, Florida Statutes, as they may be
329amended from time to time. Pursuant to section 112.08, Florida
330Statutes, board members may receive benefits, such as medical
331insurance or accidental death and dismemberment insurance, in
332addition to the maximum salary allowed under general law.
333     (7)  The administrative duties of the board shall be as set
334forth in this act and chapter 189, Florida Statutes, as they may
335be amended from time to time.
336     (8)  Requirements for financial disclosure, meeting
337notices, reporting, public records maintenance, and per diem
338expenses for officers and employees shall be as set forth in
339chapters 112, 189, and 286, Florida Statutes, as they may be
340amended from time to time.
341     (9)  The procedures and requirements governing the issuance
342of bonds, notes, and other evidences of indebtedness by the
343authority shall be as set forth in this act, chapter 189,
344Florida Statutes, and applicable general laws, as they may be
345amended from time to time.
346     (10)  The authority may be financed by any method
347established in this act, chapter 189, Florida Statutes, or any
348applicable general laws, as they may be amended from time to
349time.
350     (11)  The method for collecting fees, service charges,
351state matching funds, or assessments shall be as set forth in
352this act and chapters 197 and 201, Florida Statutes, as they may
353be amended from time to time.
354     (12)  The authority's planning requirements shall be as set
355forth in chapter 189, Florida Statutes, as it may be amended
356from time to time.
357     (13)  The district's geographic boundary limitations shall
358be coterminous with the boundaries of St. Lucie County as
359defined in section 7.59, Florida Statutes, as it may be amended
360from time to time.
361     Section 10.  Referendum.--On or before November 7, 2006,
362the Supervisor of Elections of St. Lucie County shall conduct a
363referendum on the question of the creation of the St. Lucie
364County Research and Education Authority. The referendum question
365shall be posed as follows:
366
367Shall the St. Lucie County Research and Education Authority be
368authorized and created by special act of the Legislature with
369authority to collect a research and educational facilities
370benefit assessment on real property transfers in St. Lucie
371County to finance research and education facilities?
372
373               Yes                    No
374     Section 11.  Construction.--The provisions of this act
375shall be liberally construed in order to effectively carry out
376the purposes of this act in the interest of the public health,
377welfare, and safety of the citizens served by the authority.
378     Section 12.  Severability.--It is declared to be the intent
379of the Legislature that if any section, subsection, sentence,
380clause, phrase, or portion of this act is for any reason held
381invalid or unconstitutional by any court of competent
382jurisdiction, such portion shall be deemed a separate, distinct,
383and independent provision, and such holding shall not affect the
384validity of the remaining portions hereof.
385     Section 13.  This act shall take effect only upon its
386approval by a majority vote of those qualified electors of St.
387Lucie County voting in a referendum to be called by the
388Supervisor of Elections of St. Lucie County on or before
389November 7, 2006, in accordance with the provisions of law
390relating to elections currently in force, except that this
391section and section 10 of this act shall take effect upon
392becoming a law.


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