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

House Bill 2029

Florida House of Representatives - 1997 HB 2029 By Representative K. Pruitt 1 A bill to be entitled 2 An act relating to the St. Lucie County Port 3 and Airport Authority; providing definitions; 4 reorganizing, updating, and clarifying 5 provisions; providing for the continuing 6 existence of the authority and of its rights 7 and obligations; providing that employees of 8 the authority shall be considered employees of 9 St. Lucie County; providing that authority 10 meetings shall be held in accordance with 11 chapter 189, Florida Statutes; amending and 12 reorganizing provisions relating to powers and 13 duties of the authority, and consultants, 14 travel expense, taxation, and bonding; 15 providing for the approval by the authority of 16 privately owned airports within the district; 17 deleting obsolete text relating to ad valorem 18 taxation; authorizing the levy of non-ad 19 valorem assessments and issuance of bonds 20 secured thereby; clarifying purposes for which 21 bonds may be issued; providing the authority to 22 enter trust agreements to secure bonds; 23 providing that the purchase of commodities and 24 services by the authority shall be in 25 accordance with the St. Lucie County purchasing 26 policy; declaring legislative intent; repealing 27 chapter 88-515, Laws of Florida; providing for 28 severability; providing an effective date. 29 30 Be It Enacted by the Legislature of the State of Florida: 31 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 2029 286-189-97 1 Section 1. Short title.--This act shall be known and 2 may be cited as the "St. Lucie County Port and Airport 3 Authority Act." 4 Section 2. Definitions.--The following terms shall 5 have the meanings set forth for the purposes of this act: 6 (1) "Authority" means the St. Lucie County Port and 7 Airport Authority Special Taxing District and is synonymous 8 with the terms "St. Lucie County Port and Airport Authority 9 Special Taxing District" and "district." 10 (2) "Board" or "board of commissioners" means the 11 governing board of the district. 12 (3) "Bonds" means any evidence of indebtedness issued 13 and delivered by the authority for consideration and shall 14 include, without limiting the generality of the foregoing 15 revenue bonds, general obligation bonds, limited tax bonds, 16 non-ad valorem assessment bonds, notes, or other obligations. 17 (4) "District" means the special taxing district which 18 is the subject of this act and is synonymous with "authority" 19 as defined herein. 20 (5) "Project" means any development, improvement, 21 property, facility, works, enterprise, or service previously, 22 currently, or hereafter undertaken or established under the 23 provisions of this act or any predecessor to this act. 24 (6) "Port facilities" shall mean and shall include 25 harbor, shipping, and port facilities, and improvements of 26 every kind, nature, and description, including, but without 27 limitation, channels, turning basins, jetties, breakwaters, 28 public landings, wharves, docks, markets, parks, recreational 29 facilities, structures, buildings, piers, storage facilities, 30 refrigerating plants, bulkheads, connecting railroads, public 31 buildings and plazas, anchorages, utilities, bridges, tunnels, 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 2029 286-189-97 1 roads, causeways, equipment, and any and all property and 2 facilities necessary or useful in connection with the 3 foregoing, and any one or more or any combination thereof and 4 any extension, addition, betterment, or improvement of any 5 thereof. 6 (7) "Airport" means any area of land or water, except 7 a restricted landing area, or any manmade object or facility 8 located thereon, which is designed for the landing and takeoff 9 of aircraft, whether or not facilities are provided for the 10 shelter, servicing, or repair of aircraft, or for receiving 11 and discharging passengers or cargo, and all appurtenant areas 12 used or suitable for access to airport facilities, airport 13 buildings, or other airport facilities and equipment, and all 14 appurtenant rights-of-way, whether heretofore or hereafter 15 established. 16 (8) "Air navigation facility" means any facility used 17 in, available for use in, or designed for use in aid of air 18 navigation, including airports, restricted landing areas, and 19 any structures, mechanisms, lights, beacons, marks, 20 communicating systems, or other instrumentalities or devices 21 used or useful as an aid, or constituting an advantage or 22 convenience, to the safe taking off, navigation, and landing 23 of aircraft, or the sale and efficient operation or 24 maintenance of an airport, or restricted landing area, and any 25 combination of any or all of such facilities. 26 (9) "Air navigation" means the operation or navigation 27 of aircraft in the airspace over this state, or upon any 28 airport or restricted landing area within this state. 29 (10) "Airport facilities" means and includes airports 30 and air navigation facilities, and includes any property used 31 by or useful for services to, or the convenience of, freight 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 2029 286-189-97 1 or passenger carriers, aircraft, passengers, or otherwise 2 functionally related or subordinate to airport or air 3 navigation facilities. 4 (11) "Non-ad valorem assessment" means only those 5 assessments which are not based upon millage and which can 6 become a lien against a homestead as permitted in s. 4, Art. X 7 of the State Constitution. 8 (12) "Person" shall have the meaning set forth in s. 9 1.01(3), Florida Statutes, as the same may be amended from 10 time to time. 11 Section 3. Continuing existence.--The special taxing 12 district which had been known as the Fort Pierce Port and 13 Airport Authority pursuant to chapter 61-2754, Laws of 14 Florida, and is now known as the St. Lucie County Port and 15 Airport Authority pursuant to chapter 88-515, Laws of Florida, 16 shall continue in existence and shall have the powers, duties, 17 and obligations set forth herein. The territory of St. Lucie 18 County Port and Airport Authority shall continue to be the 19 same as and include all of the territory within St. Lucie 20 County. 21 Section 4. Continuation of rights and 22 obligations.--The title, rights, and ownership of all real and 23 personal property, uncollected taxes, claims, and choses in 24 action held or owned by the said Fort Pierce Port and Airport 25 Authority which passed to and vested in the St. Lucie County 26 Port and Airport Authority pursuant to prior laws shall remain 27 vested in the St. Lucie County Port and Airport Authority. All 28 lawful debts, contracts, bonds, and other obligations of the 29 Fort Pierce Port and Airport Authority now existing or 30 outstanding shall remain valid and unimpaired as the debts, 31 4 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 2029 286-189-97 1 contracts, bonds, and obligations of the St. Lucie County Port 2 and Airport Authority. 3 Section 5. Taxes to retire prior obligations.--The St. 4 Lucie County Port and Airport Authority is authorized and 5 empowered to levy such taxes upon the taxable property within 6 St. Lucie County as may be necessary to pay and retire all 7 bonds and other obligations of said former Fort Pierce Port 8 and Airport Authority, which were assumed by the St. Lucie 9 County Port and Airport Authority under the provisions of 10 chapter 88-515, Laws of Florida. 11 Section 6. Board of Commissioners; chair and vice 12 chair; meetings.--The governing body of the St. Lucie County 13 Port and Airport Authority shall be known and designated as 14 the "Board of Commissioners of the St. Lucie County Port and 15 Airport Authority," and shall be made up ex officio of the 16 five county commissioners of St. Lucie County, who shall serve 17 ex officio as the governing body. As soon as practicable after 18 this act becomes law, the board shall meet and organize by the 19 election from their number, a chair and a vice chair. The 20 chair and vice chair shall each hold office at the will of the 21 board and until their successor is duly elected. The chair 22 shall preside at all meetings of the authority and perform 23 such duties as the authority may prescribe. The vice chair 24 shall perform the duties of the chair in the absence of the 25 chair. The board shall hold at least two regular meetings per 26 month. Special meetings shall be held pursuant to ch. 189, 27 Florida Statutes. In the event of a bona fide emergency 28 situation, a meeting to deal with the emergency may be held as 29 necessary, with reasonable notice, so long as it is 30 subsequently ratified by the board. Three members of the 31 board shall constitute a quorum to transact business. The 5 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 2029 286-189-97 1 affirmative vote of three members shall be necessary to 2 transact business. 3 Section 7. Secretary, treasurer of the authority.--The 4 clerk of the circuit court of St. Lucie County, shall serve ex 5 officio as secretary and treasurer of the authority and shall 6 give to the board a good and sufficient surety bond in the sum 7 of $10,000, conditioned upon his or her faithfully performing 8 the duties of the office and well and truly accounting for all 9 moneys of the authority coming into his or her custody or 10 control. The premium of this bond shall be paid out of the 11 funds of the authority, and the bond shall be approved by the 12 board and shall be filed with the State Comptroller in 13 Tallahassee. The treasurer shall be the custodian of all funds 14 belonging to the board and to the authority, and such funds 15 may be disbursed only upon the order of the board, signed by 16 the secretary and countersigned by the chair of the board. The 17 board is authorized to select as a depository, any bank or 18 trust company organized under the laws of the United States or 19 the State of Florida and authorized pursuant to general law to 20 accept deposit of county funds. Such funds shall be deposited 21 by the treasurer in such depository upon such terms and 22 conditions as the board may deem just and reasonable, and may 23 be deposited in the name of St. Lucie County as long as they 24 are properly accounted for by the treasurer. 25 Section 8. Travel expenses.--The members of the board 26 and the employees of the authority, when traveling outside the 27 boundaries of St. Lucie County, whether within or outside of 28 the state of Florida on official business shall each be 29 reimbursed for the expenses paid in accordance with the 30 provisions of s. 112.061, Florida Statutes, as the same may be 31 6 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 2029 286-189-97 1 amended from time to time. These expenses are to be paid from 2 the maintenance fund of the authority. 3 Section 9. Powers of the authority.--The authority 4 shall be a dependent special district and operate as an arm of 5 the government of St. Lucie County. In addition, the authority 6 shall have and the board may exercise all the powers of a 7 corporate body, including, without limitation, the following 8 powers: 9 (1) To sue and be sued in the name of the authority; 10 to adopt and use a seal, alter the same at its pleasure, and 11 authorize the use of a facsimile thereof; and to make and 12 execute contracts and other instruments necessary or 13 convenient to the exercise of its powers. 14 (2) To employ an airport director and a port director 15 and such other employees as the board may determine to be 16 necessary, convenient, and in the best interest of the 17 authority in connection with the promotion, enlargement, 18 operation, and maintenance of the port and airport facilities, 19 and the land and facilities owned by the authority, and in 20 order to carry out the purposes of this act. All employees of 21 the authority shall be considered employees of St. Lucie 22 County who shall be assigned to the authority, and whose 23 salary and other costs of employment shall be paid by the 24 county from funds held on behalf of the authority. Such 25 employees, except collective bargaining unit employees, shall 26 be subject to the personnel rules and regulations, and shall 27 participate in the employee benefit and retirement benefit 28 plans of St. Lucie County. Collective bargaining unit 29 employees of the authority shall be members of a collective 30 bargaining unit of St. Lucie County employees pursuant to 31 general law. 7 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 2029 286-189-97 1 (3) To contract with architects, engineers, attorneys, 2 real estate counselors, appraisers, and such other consultants 3 as the board may determine to be necessary, convenient, and in 4 the best interest of the authority in connection with the 5 promotion, enlargement, operation, and maintenance of the port 6 and airport facilities, and the land and facilities owned by 7 the authority, and in order to carry out the purposes of this 8 act. 9 (4) To construct, reconstruct, own, repair, maintain, 10 extend, enlarge, improve, rehabilitate, furnish, equip, 11 manage, operate, develop, and promote the Ft. Pierce Harbor 12 and Inlet between the Indian River and the Atlantic Ocean 13 connecting with the harbor, the navigable waterways connected 14 therewith, and such port facilities and other works in 15 connection with the inlet, harbor, and waterways as may be 16 owned or controlled by the authority. 17 (5) Subject to the jurisdiction of the United States 18 and the State of Florida, construct, reconstruct, own, repair, 19 maintain, extend, enlarge, improve, rehabilitate, furnish, 20 equip, manage, operate, develop, and promote airport 21 facilities, heliports, and air terminals and such buildings, 22 structures, roads, alleyways, railroad loading and unloading 23 facilities, and any other development of land as the authority 24 shall determine to be necessary and proper in the performance 25 of the duties and purposes of this act; and to enact, adopt, 26 and establish by resolution, rules and regulations for the 27 complete exercise of jurisdiction over such areas. 28 (6) To approve or disapprove the location, 29 establishment, construction, and operation of privately owned 30 airports within the district. No state airport license or 31 state approval of an airport site shall be effective in the 8 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 2029 286-189-97 1 district without approval of the district on the application 2 therefor. 3 (7) To enter into joint arrangements with airlines and 4 air carriers, with steamship lines, railroads, or other 5 transportation lines, or any common carrier, if the board 6 shall deem it to the advantage of the authority. 7 (8) To construct, own, manage, maintain, and control 8 industrial parks and industrial commercial buildings. 9 (9) To contract debts for the acquisition or 10 construction of any port or airport facilities or improvements 11 or for any other purposes of this act, to borrow money, to 12 make advances, to issue bonds, to issue notes in anticipation 13 of the receipt of the revenues from taxes, non-ad valorem 14 assessments, or other revenue sources, to issue certificates 15 of participation, directly or indirectly, and to issue other 16 obligations to finance all or any part of such acquisition or 17 construction or in the carrying out of any other purposes of 18 this act. 19 (10) To receive, administer, and comply with 20 conditions and requirements respecting any gift, grant, or 21 donation of any property, money, labor, or other things of 22 value from any source, whether federal, state, local, or 23 private. 24 (11) To adopt rules, regulations, and policies in 25 connection with the performance of the authority's functions, 26 for the operation of the district and any project owned or 27 operated by the district, and for the complete exercise of 28 jurisdiction and control over such operations, projects, and 29 facilities. 30 (12) To fix and determine the rates, tolls, or charges 31 for the use of any of the works or facilities owned and 9 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 2029 286-189-97 1 controlled by the authority. The rates, tolls, and charges 2 shall be levied and collected by the board. All funds 3 collected shall be used by the board to pay interest on 4 outstanding bonds or other obligations, to pay the necessary 5 and regular expenses of the authority, and to form a fund from 6 which the board may purchase outstanding bonds and obligations 7 of the authority. 8 (13) To appoint pilots for the authority, and the 9 board shall have all the powers of boards of Pilot 10 Commissioners under the laws of Florida. The board shall also 11 have the power to appoint a harbormaster and prescribe his 12 powers and duties. The board shall have the power to grant 13 licenses to competent and trustworthy persons to act as 14 steamship agents for the Port of Fort Pierce. Such licenses 15 shall be held during good behavior, but any license may be 16 revoked by the board after due notice and hearing if, in the 17 opinion of board, it should be revoked. 18 (14) To acquire, by purchase, grant, lease, gift, 19 eminent domain or otherwise, or to obtain options for the 20 acquisition of any property, real or personal, improved or 21 unimproved, tangible or intangible, or any right or interest 22 in any such property for any of the purposes authorized by 23 this act, whether or not subject to mortgage, liens, charges, 24 or other encumbrances. The board is authorized to exercise the 25 right of eminent domain and institute and maintain 26 condemnation proceedings as prescribed by general law. 27 (15) To rent, lease, sell, exchange, transfer, or 28 otherwise dispose of, or to grant options for any such 29 purposes with respect to any real or personal property or 30 interest therein. 31 10 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 2029 286-189-97 1 (16) To exercise the right and power of eminent domain 2 and to condemn any lands, easements, or other property needed 3 for the purposes of the authority. 4 (17) To make and execute financing agreements, 5 lease-purchase agreements, contracts, deeds, and other 6 instruments necessary or convenient to the exercise of its 7 powers and functions, including contracts with persons, firms, 8 corporations, federal, state, and local governmental agencies 9 and instrumentalities, and to cooperate with such persons with 10 reference to any of the powers hereby granted. 11 (18) To assess, levy, and collect ad valorem taxes and 12 non-ad valorem assessments upon property within the district 13 as authorized by this act and applicable general law. 14 (19) To provide adequate insurance on all real and 15 personal property, equipment, employees, and other personnel. 16 (20) To do all other acts and things necessary or 17 proper in the exercise of the powers herein granted. 18 Section 10. Ad valorem taxes.--The board is hereby 19 authorized and empowered to levy upon all of the real and 20 personal taxable property in St. Lucie County, a special tax 21 sufficient in amount to pay the interest becoming due and 22 payable annually upon any bonds issued or assumed or hereafter 23 issued, by the authority, and also to create a sinking fund 24 for the payment of the principal thereof at maturity; and in 25 addition a special tax, to be known as maintenance tax, not 26 exceeding 3 mills on the dollar for each year to be used for 27 the construction, reconstruction, ownership, repair, 28 management, extension, improvement, rehabilitation, 29 furnishing, equipping, development, maintenance, operation, 30 promotion, and enlargement of projects, for payment of other 31 debts of the authority, and for administrative purposes of the 11 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 2029 286-189-97 1 authority, as authorized and prescribed by this act. The 2 provisions of general law pertaining to the levy, assessment, 3 collection, enforcement, disbursement, and administration of 4 ad valorem taxes shall apply to the ad valorem taxes 5 authorized by this act, and all officers charged with the 6 administration of ad valorem taxes shall be governed by such 7 provisions. 8 Section 11. Non-ad valorem assessments.--The board is 9 hereby authorized and empowered by resolution to assess, levy, 10 and collect non-ad valorem assessments for the acquisition, 11 construction, reconstruction, rehabilitation, development, 12 improvement, maintenance, repair, management, or operation of 13 district facilities authorized by this act. Such special 14 assessments shall be levied only on benefited real property at 15 a rate based upon the special benefit accruing to such 16 property, when the acquisition, construction, reconstruction, 17 rehabilitation, development, improvement, repair, maintenance, 18 management, or operation funded by the non-ad valorem 19 assessment provides a benefit which is different in type or 20 degree from benefits provided to the property in the district 21 as a whole. Such resolution shall state the estimated cost of 22 the acquisition, construction, reconstruction, rehabilitation, 23 development, improvement, maintenance, repair, management, or 24 operation, as the case may be, and such estimated cost may 25 include the cost of all labor and materials, the cost of all 26 lands, property rights, easements, and franchises acquired, 27 expenses associated with the issuance of bonds secured in 28 whole or in part by non-ad valorem assessments, including, but 29 not limited to, financing charges, the establishment of 30 reasonable reserves and/or the purchase of insurance and 31 surety bonds, interest prior to and during construction and 12 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 2029 286-189-97 1 for 1 year after completion of construction, discount on the 2 sale of bonds, costs of plans and specifications, surveys of 3 estimates of costs and revenues, cost of engineering, 4 financial, and legal services, and all other expenses 5 necessary or incident to determining the feasibility or 6 practicability of the undertaking, administrative expense, and 7 such other expense as may be necessary or incident to the 8 financing authorized by this act. Non-ad valorem assessments 9 shall be liens, coequal with the lien of all state, county, 10 district, and municipal taxes, superior in dignity to all 11 other liens, titles, and claims, until paid, shall bear 12 interest at the rate prescribed by law for ad valorem taxes, 13 and shall be levied and collected using the procedures 14 provided in chapter 197, Florida Statutes, or such other 15 method as the authority may prescribe. 16 Section 12. Bonds.-- 17 (1) The board for and on behalf of the authority is 18 authorized to provide by resolution from time to time for the 19 issuance of general obligation bonds, limited tax revenue 20 bonds, revenue bonds, and non-ad valorem assessment bonds to 21 pay all or part of the cost of acquisition, construction, 22 reconstruction, rehabilitation, development, or improvement of 23 any facilities provided for in this act, or for the purpose of 24 refunding any such bonds of the district which are then 25 outstanding, including any redemption premium thereon and any 26 interest accrued or to accrue to the date of redemption, and, 27 if deemed advisable by the board, for the additional purpose 28 of acquiring, constructing, or improving additional port or 29 airport facilities. The board shall also have the authority to 30 provide by resolution for the issuance of other obligations to 31 pay all or part of the cost of maintenance, repair, 13 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 2029 286-189-97 1 management, or operation of port or airport facilities. 2 However, the issuance of general obligation bonds or limited 3 tax revenue bonds shall have been approved at an election of 4 the qualified electors who reside in such district, such 5 election to be called, noticed, and conducted as provided by 6 law. The bonds of each issue shall be dated, shall bear 7 interest at such rate or rates as shall not exceed the maximum 8 bond interest rate provided by general law, shall mature at 9 such time or times not exceeding 40 years from the date or 10 dates of the bonds as may be determined by the board and may 11 be redeemable before maturity, at the option of the board, 12 under such terms and conditions and at such prices as may be 13 fixed by the board prior to the issuance of such bonds. The 14 board shall determine the form of such bonds, including any 15 interest coupons to be attached thereto, and shall fix the 16 denomination or denominations of such bonds and the place or 17 places of payment of principal and interest, which may be at 18 any bank or trust company within or outside of the state. Such 19 authorizing resolution may further provide that such bonds may 20 be executed manually or by the engraved, lithographed, or 21 facsimile signature of the chair of the board. The seal of the 22 authority may be affixed or lithographed, engraved, or 23 otherwise reproduced in facsimile on such bonds and shall be 24 attested by the manual or facsimile signature of the secretary 25 and treasurer of said authority; provided that the signature 26 of at least one of the officials executing such bonds, 27 including the registrar authenticating such bonds, shall be a 28 manual signature. In case any officer whose signature or 29 facsimile of at least one of the officials executing such 30 bonds shall cease to be such officer before the delivery of 31 such bonds, such signature or facsimile thereof shall 14 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 2029 286-189-97 1 nevertheless be valid and sufficient for all purposes the same 2 as if he had remained in office until such delivery. Such 3 bonds may be issued in coupon or registered form as the board 4 may determine in such authorizing resolution, and provision 5 may be made for the registration of any coupon bonds as to 6 principal alone and also as to principal and interest, and for 7 the reconversion of coupon bonds or of any bond registered as 8 to principal and interest. The board may sell such bonds 9 either at public or private sale and for such price as it may 10 determine to be for the best interests of the authority, but 11 no such sale may be made at a price that requires the payment 12 of interest in excess of the maximum bond interest rate 13 provided by general law. 14 (2) The proceeds of the sale of any general obligation 15 bonds, limited tax bonds, revenue bonds, and non-ad valorem 16 assessment bonds shall be used solely for the payment of the 17 costs, including engineering, financial, and legal expenses, 18 of the acquisition, construction, reconstruction, 19 rehabilitation, development, or improvement of such facilities 20 or the refunding of bonds outstanding, and proceeds from the 21 issuance of other obligations of the district may additionally 22 be used to pay the costs of repair, management, maintenance, 23 or operation of port or airport facilities. The proceeds of 24 bonds issued under the authority of this section shall be 25 disbursed in such manner and under such restrictions as the 26 board may provide in the authorizing resolution. Prior to the 27 preparation or issuance of definitive bonds, the board may, 28 under like restrictions, issue interim receipts or temporary 29 notes or other forms or such temporary obligations with or 30 without coupons, exchangeable for definitive bonds when such 31 bonds have been executed and are available for delivery. The 15 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 2029 286-189-97 1 board may also provide for the replacement of any bonds which 2 have become mutilated, destroyed, or lost upon proper 3 indemnification. 4 (3) The board may provide that the bonds issued 5 hereunder shall be payable from and secured by a pledge of any 6 one or more of the following sources: 7 (a) Revenues of any one or more port or airport 8 facilities now owned or hereafter acquired or constructed by 9 the authority; 10 (b) Proceeds from the sale or lease of all or any part 11 of any port or airport facilities now or hereafter owned by 12 the authority, as such facilities may be extended, enlarged, 13 or improved; 14 (c) Any money received by the authority from the 15 United States or any agency or instrumentality thereof or from 16 any other person in connection with any port or airport 17 facilities or in repayment of any advances made by the 18 authority for all or any part of the cost of any port or 19 airport facilities; 20 (d) The full faith, credit, and taxing power of the 21 authority, or limited ad valorem taxes levied by the 22 authority, and such bonds may be additionally secured by a 23 pledge of revenues, sale or lease proceeds, or money received 24 by the authority from the United States or any agency or 25 instrumentality thereof or other person as herein authorized. 26 The board may provide that such bonds shall be payable as to 27 principal and interest in the first instance from such 28 revenues, sale or lease proceeds, or money received by the 29 authority from the United States or any agency or 30 instrumentality thereof or any other person; 31 16 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 2029 286-189-97 1 (e) The proceeds of any sale or lease of port or 2 airport facilities or property, after paying all costs in 3 connection therewith; or 4 (f) The proceeds of any non-ad valorem assessments 5 levied pursuant to this act. 6 Section 13. Trust agreement or resolution.--In the 7 discretion of the board, any bonds issued under the provisions 8 of this act may be secured by a trust agreement by and between 9 the authority and a corporate trustee, which may be any trust 10 company or bank having the powers of a trust company within or 11 outside of the state. Such trust agreement or the resolution 12 providing for the issuance of such bonds may contain such 13 provisions for protecting and enforcing the rights and 14 remedies of the bondholders as may be reasonable and proper 15 and not in violation of law, including covenants setting forth 16 the duties of the authority in relation to the acquisition of 17 property and the acquisition, construction, reconstruction, 18 improvement, maintenance, repair, lease, operation, and 19 insurance of any port or airport facilities in connection with 20 which such bonds shall have been authorized, the custody, 21 safeguarding, or application of all moneys, and conditions or 22 limitations with respect to the issuance of additional bonds. 23 It shall be lawful for any bank or trust company incorporated 24 under the laws of Florida which may act as depository of the 25 proceeds of bonds or of revenue or other funds to furnish such 26 indemnifying bonds or to pledge such securities as may be 27 required by the board. Any such trust agreement or resolution 28 may set forth the rights and remedies of the bondholders and 29 of the trustee under any such trust agreement, and may 30 restrict the individual right of action by bondholders. In 31 addition to the foregoing, any such trust agreement or 17 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 2029 286-189-97 1 resolution may contain such other provisions as the board may 2 deem reasonable and proper for the security of the 3 bondholders. All expenses incurred in carrying out the 4 provisions of such trust agreement or resolution shall be 5 treated as part of the cost of the operation of the port or 6 airport facilities. 7 Section 14. Bonds; additional provisions.--All bonds, 8 assessment bonds, or other obligations issued under the 9 provisions of this act, shall be and constitute and shall have 10 all the qualities and incidents of negotiable instruments 11 under the laws of Florida, and shall not be invalid for any 12 irregularity or defect in the proceedings for the issuance and 13 sale thereof and shall be incontestable in the hands of bona 14 fide purchasers for value. No proceedings in respect to the 15 issuance of such bonds shall be necessary except as are 16 required by this act. The provisions of this act shall 17 constitute an irrevocable contract between the authority and 18 the holders of such bonds or coupons thereof issued pursuant 19 to the provisions hereof. Any holder of such bonds may either 20 at law or in equity, by suit, action, or mandamus, force and 21 compel the performance of the duties required by this act or 22 of any of the officers or persons herein mentioned in relation 23 to said bonds, or the levy, assessment, collection, and 24 enforcement and application of the taxes, revenues, or non-ad 25 valorem assessments pledged for the payment of principal and 26 interest thereof. 27 Section 15. Procurement.--Insofar as the exercise of 28 any power or authority granted by this act shall involve the 29 purchase or procurement of commodities or services, the board 30 shall exercise such power in accordance with the purchasing 31 and procurement rules, regulations, ordinances, practices, and 18 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 2029 286-189-97 1 procedures of St. Lucie County as the same may exist from time 2 to time. The authority shall requisition such commodities and 3 services through such purchasing agents as the county may from 4 time to time appoint, and such requisitions or contracts may 5 be issued or entered into in the name of St. Lucie County. The 6 costs of such purchases, procurements, and contracts of the 7 authority shall be paid with funds of the authority. 8 Section 16. Projects declared to be for public 9 purposes.--The conservation, protection, management, 10 construction, maintenance, and improvement of the Ft. Pierce 11 Harbor and Inlet between Indian River and the Atlantic Ocean 12 connected with the harbor, and the navigable waterways 13 connected therewith, and the acquisition, construction, 14 reconstruction, improvement, and maintenance of other port and 15 airport facilities as authorized in this act are found and 16 declared to be for public purposes; necessary for the use of 17 shipping, air, and other transportation and for the extension 18 of commerce of the state and of the authority; necessary for 19 the maintenance of the inhabitants of the territory embraced 20 by the authority; and for the convenience, comfort, and 21 welfare of the authority and the inhabitants thereof and of 22 the state. It is the legislative intent that in performing the 23 duties and exercising the powers prescribed by this act, the 24 authority shall act as a branch of the general administration 25 of the policy of this state. 26 Section 17. Legislative intent; powers not limited by 27 enumeration.--It is the legislative intent to reorganize, 28 clarify, and modernize provisions of the authority's enabling 29 act, and to clarify the status of the authority under existing 30 law. However, the enumeration of powers in this act shall not 31 be construed as a limitation on or in derogation of any power 19 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 2029 286-189-97 1 conferred by any other law, either general, special, or local, 2 but shall be regarded as supplemental and additional to such 3 powers. This act, being necessary for the welfare of the 4 inhabitants of the district and the state, shall be liberally 5 construed to effect the purposes set forth herein. 6 Section 18. Chapter 88-515, Laws of Florida, is hereby 7 repealed. 8 Section 19. Severability.--Any clause or section of 9 this act which for any reason may be declared invalid may be 10 eliminated from this act, and the remaining portion of 11 portions thereof shall be and remain valid as if such invalid 12 clause or section had not been incorporated herein. 13 Section 20. This act shall take effect upon becoming a 14 law. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 20