September 22, 2020
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Senate Bill 2352

Senate Bill sb2352

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004        (NP)                      SB 2352

    By Senator Lawson





    6-1443-04                                               See HB

  1                      A bill to be entitled

  2         An act relating to the Tallahassee-Leon County

  3         Civic Center Authority; codifying, amending,

  4         repealing, and reenacting the authority's

  5         special acts; providing for planning,

  6         developing, operating, and maintaining a

  7         comprehensive complex of civic, governmental,

  8         educational, recreational, convention, and

  9         entertainment facilities; providing for the

10         method and manner of the election, selection,

11         and terms of membership of the authority;

12         providing powers, functions, privileges,

13         duties, and responsibilities of the authority;

14         providing for the issuance of bonds; providing

15         for the rights and remedies of bondholders;

16         providing for the sources of revenues to the

17         authority; naming the Tallahassee-Leon County

18         Civic Center; authorizing the Division of

19         Alcoholic Beverages and Tobacco of the

20         Department of Business and Professional

21         Regulation to issue a beverage license to the

22         authority or its designee; providing

23         severability; repealing chapters 72-605,

24         77-480, 79-502, and 81-494, Laws of Florida;

25         providing an effective date.

26  

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

28  

29         Section 1.  Pursuant to section 189.429, Florida

30  Statutes, this act constitutes the codification of all special

31  acts relating to the Tallahassee-Leon County Civic Center

                                  1

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






    Florida Senate - 2004        (NP)                      SB 2352
    6-1443-04                                               See HB




 1  Authority. It is the intent of the Legislature to provide a

 2  single, comprehensive special act charter for the authority,

 3  including all current legislative enactments as herein

 4  provided and any additional authority granted by this act and

 5  chapter 189, Florida Statutes, as the same may be amended from

 6  time to time. It is further the intent of this act to preserve

 7  all authority of the Tallahassee-Leon County Civic Center

 8  Authority.

 9         Section 2.  Chapters 72-605, 77-480, 79-502, and

10  81-494, Laws of Florida, relating to the Tallahassee-Leon

11  County Civic Center Authority, are codified, reenacted,

12  amended, and repealed as herein provided.

13         Section 3.  The charter of the Tallahassee-Leon County

14  Civic Center Authority is re-created and reenacted to read:

15         Section 1.  The Tallahassee-Leon County Civic Center

16  Authority, hereinafter referred to as the authority, a local

17  public agency, politic and corporate, is created for the

18  purpose of planning, developing, operating, and maintaining a

19  comprehensive complex of civic, governmental, educational,

20  recreational, convention, and entertainment facilities for the

21  use and enjoyment of the citizens of Leon County and the

22  state. It is the finding of the Legislature that said purposes

23  are essential public purposes.

24         Section 2.  (1)  The authority shall consist of a

25  ten-member board composed of the chair of the Leon County

26  Board of County Commissioners, or his or her designee; one

27  other member of the county commission, or his or her designee;

28  the Mayor of the City of Tallahassee, or his or her designee;

29  one member of the city commission, or his or her designee; the

30  President of Florida State University, or his or her designee;

31  the President of Florida Agricultural and Mechanical

                                  2

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    Florida Senate - 2004        (NP)                      SB 2352
    6-1443-04                                               See HB




 1  University, or his or her designee; the President of the

 2  Student Government Association of Florida State University, or

 3  his or her designee; the President of the Student Government

 4  Association of Florida Agricultural and Mechanical University,

 5  or his or her designee; one member appointed by the County

 6  Commission of Leon County for an initial term of 4 years; and

 7  one member appointed by the Tallahassee City Commission for an

 8  initial term of 4 years. Each succeeding appointment by the

 9  county and city commissions shall be for terms of 4 years.

10         (2)  Upon the death or resignation of any member of the

11  authority, a successor shall be appointed by the board for the

12  unexpired term. The members shall not be entitled to any

13  compensation for their duties except for actual expenses

14  necessarily incurred in the performance of their duties.

15         (3)  Each member shall serve until his or her successor

16  shall be appointed. A majority of the members of the authority

17  shall constitute a quorum. A vacancy in the authority shall

18  not impair the rights of a quorum to exercise all the rights

19  and perform all the duties of the authority.

20         (4)  The authority shall elect one of its members as

21  chair, one as vice chair, and one as secretary-treasurer.

22         Section 3.  The following words and terms are defined

23  as follows:

24         (1)  "City" means the City of Tallahassee.

25         (2)  "County" means Leon County.

26         (3)  "Authority" means the Tallahassee-Leon County

27  Civic Center Authority.

28         (4)  "Civic, governmental, educational, recreational,

29  convention, and entertainment facilities" means and includes

30  facilities for all types of civic, governmental, educational,

31  recreational, convention, and entertainment purposes,

                                  3

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






    Florida Senate - 2004        (NP)                      SB 2352
    6-1443-04                                               See HB




 1  including, but not limited to, facilities for accommodating

 2  conferences, meetings, conventions, citizens' and taxpayers

 3  gatherings, exhibitions, sporting events, dances, shows,

 4  plays, games, and like events.

 5         (5)  "Cost," as applied to any facility, means and

 6  includes all expenses as may be necessary or incident to

 7  acquisition, construction, or financing.

 8         Section 4.  The authority is hereby authorized and

 9  empowered:

10         (1)  To sue and be sued.

11         (2)  To contract.

12         (3)  To adopt bylaws for the regulation of its affairs

13  and the conduct of its business.

14         (4)  To adopt an official seal.

15         (5)  To purchase, acquire, develop, construct, improve,

16  relocate, equip, maintain, and operate any auditorium,

17  stadium, coliseum, or other similar facility, including motor

18  vehicle parking therefor, which may be used in conjunction

19  with the facility.

20         (6)  To make a comprehensive, long-range master plan

21  for the overall orderly development of a civic center complex,

22  to develop detailed plans for specific facilities within the

23  aforesaid master plan in close coordination with the

24  Tallahassee-Leon County Planning Department, and to obtain

25  necessary feasibility and other reports and studies by and

26  through the Tallahassee-Leon County Planning Department.

27         (7)  To acquire by grant, purchase, lease, gift,

28  devise, or condemnation all property, real or personal, or any

29  estate, easement, franchise, or interest therein necessary,

30  desirable, or convenient for the purposes of this act, which

31  land shall be adjacent and contiguous to the civic center

                                  4

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    Florida Senate - 2004        (NP)                      SB 2352
    6-1443-04                                               See HB




 1  complex; to sell, lease, rent, transfer, or otherwise dispose

 2  of any property or any part thereof or interest therein; and

 3  to exercise all of its powers and authority with respect

 4  thereto.

 5         (8)  To borrow money and issue negotiable bonds, and to

 6  provide for the rights of the holders thereof, and to secure

 7  the payment of said bonds by a pledge of all or any portion of

 8  the revenues and other moneys legally available therefor, and,

 9  in general, to provide for the security of the bonds and the

10  rights and remedies of the holders thereof.

11         (9)  To fix and collect rates, rentals, fees, and

12  charges for the use of any and all facilities owned by the

13  authority, including, but not limited to, recreational,

14  convention, entertainment, and parking facilities of the

15  authority.

16         (10)  To contract for the operation of food and

17  beverage, parking, and other concessions relating to the

18  operation of the recreational, convention, and entertainment

19  facilities of the authority.

20         (11)  To make and enter into all contracts and

21  agreements and execute all instruments necessary or incidental

22  to the performance of the duties imposed and the execution of

23  the powers granted under this act and to employ such

24  consulting services, engineers, superintendents, managers,

25  construction and financial experts and attorneys, and such

26  employees and agents as may, in the judgment of the authority,

27  be deemed necessary and fix their compensation.

28         (12)  To cooperate with and contract with the

29  government of the United States or the state, or any agency or

30  instrumentality of either thereof, or with any municipality,

31  

                                  5

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    Florida Senate - 2004        (NP)                      SB 2352
    6-1443-04                                               See HB




 1  district, private corporation, copartnership, association, or

 2  individual in carrying out the powers granted in this act.

 3         (13)  To accept gifts of money or property, real or

 4  personal, from any individual or the federal, state, county,

 5  or municipal government.

 6         (14)  To have and exercise the right and sovereign

 7  power of eminent domain and to do all acts or things necessary

 8  or proper to carry out the powers expressly granted in this

 9  act.

10         Section 5.  (1)  The authority is hereby authorized to

11  issue bonds from time to time in such principal amount as in

12  the opinion of the authority shall be necessary to provide

13  sufficient moneys for achieving its lawful purposes. Bonds

14  shall be authorized by resolution of the members of the

15  authority and shall bear such date or dates; mature at such

16  time or times, not to exceed 40 years; bear interest at such

17  rate or rates as shall be determined by the authority,; be

18  payable solely from all revenues and income of the authority,

19  including the receipts from lease rentals and appropriations

20  from the United States, the state, or any political

21  subdivision thereof, in such medium of payment and at such

22  place or places; be subject to such terms of redemption; and

23  be entitled to such priorities of lien on the revenues and

24  other available moneys as such resolution may provide. The

25  bonds shall be executed either by manual or facsimile

26  signature by such officers as the authority shall determine.

27  Such bonds shall have the seal of the authority affixed or

28  imprinted thereon. The bonds shall be sold at public or

29  private sale and upon such terms and conditions as the

30  authority deems in the best public interest.

31  

                                  6

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    Florida Senate - 2004        (NP)                      SB 2352
    6-1443-04                                               See HB




 1         (2)  The authority may enter into any deeds of trust,

 2  indentures, or other agreements with any bank or trust company

 3  within or without the state as security for such bonds and

 4  may, under such agreements, assign and pledge all or any of

 5  the revenues and other available moneys pursuant to the terms

 6  of this act. Such deed of trust, indenture, or other agreement

 7  may contain such provisions as are customary in such

 8  instrument or as the authority may authorize, including, but

 9  not limited to, provisions as to:

10         (a)  The pledging of all or any part of the revenues or

11  other moneys lawfully available therefor.

12         (b)  The application of funds and the safeguarding of

13  funds on hand or on deposit.

14         (c)  The rights and remedies of the trustees and the

15  holders of the bonds.

16         (d)  The terms and provisions of the bonds or the

17  resolutions authorizing the issuance of the same.

18         (e)  Any other or additional matters of like or

19  different character that in any way may affect the security or

20  protection of the bonds.

21         (3)  The bonds issued pursuant to this act are hereby

22  declared to be negotiable instruments and shall have all the

23  qualities and incidents of negotiable instruments under the

24  law merchant and the negotiable instruments law of the state.

25         Section 6.  The boundaries of the Tallahassee-Leon

26  County Civic Center Authority shall be coexistent with the

27  boundaries of Leon County.

28         Section 7.  The Tallahassee-Leon County Civic Center is

29  hereby named the "Donald L. Tucker Civic Center" in

30  recognition of the untiring and unselfish efforts of Donald L.

31  Tucker in his years of service as a representative of the

                                  7

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    Florida Senate - 2004        (NP)                      SB 2352
    6-1443-04                                               See HB




 1  district encompassing Tallahassee and Leon County and in

 2  recognition and appreciation of the invaluable service he has

 3  provided to his constituency and to the state by his efforts

 4  in bringing about the construction of this civic center.

 5         Section 8.  The authority is authorized and directed to

 6  erect suitable markers, which shall include a marker over the

 7  main entrance of the center, reflecting the name of the civic

 8  center as described in section 7.

 9         Section 9.  In addition to any licenses that may be

10  issued under the provisions of the beverage law of the state,

11  the Division of Alcoholic Beverages and Tobacco of the

12  Department of Business and Professional Regulation is hereby

13  authorized to issue a special license or special licenses to

14  qualified applicants consisting of the Tallahassee-Leon County

15  Civic Center Authority, or its designee, for use within the

16  confines of the 20-acre civic center complex located within

17  the City of Tallahassee and known as the Donald L. Tucker

18  Civic Center; however, any such license issued pursuant to

19  this act shall only permit the licensee to sell alcoholic

20  beverages for onpremises consumption.

21         Section 10.  The provisions of this act are severable,

22  and it is the intent of the Legislature to confer the whole or

23  any part of the powers herein provided for. If any of the

24  provisions of this act or any of the powers granted by this

25  act are held unconstitutional by any court of competent

26  jurisdiction, the decision of the court shall not affect or

27  impair any of the remaining provisions of this act or any of

28  the remaining powers granted by this act.

29         Section 4.  Chapters 72605, 77480, 79502, and 81494,

30  Laws of Florida, are repealed.

31  

                                  8

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    Florida Senate - 2004        (NP)                      SB 2352
    6-1443-04                                               See HB




 1         Section 5.  This act shall take effect upon becoming a

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                                  9

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