House Bill 1635er

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    2000 Legislature                      HB 1635, First Engrossed



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  2         An act relating to the Baker County Development

  3         Commission, an independent special district in

  4         Baker County; providing for codification of

  5         special laws regarding special districts

  6         pursuant to chapter 97-255, Laws of Florida;

  7         providing legislative intent; codifying and

  8         reenacting chapter 57-1129, Laws of Florida, as

  9         amended by chapter 59-1061, Laws of Florida;

10         providing district status and boundaries;

11         providing definitions; providing for

12         membership; authorizing Baker County and its

13         incorporated municipalities to contract with

14         the Commission; prescribing the Commission's

15         powers and duties, including the power to issue

16         and validate revenue-anticipation certificates;

17         providing restrictions; providing construction;

18         providing an allocation from Baker County's

19         share of tax on racing; providing a saving

20         clause in the event any provision of the act is

21         deemed invalid; providing an effective date.

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

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25         Section 1.  Intent.--Pursuant to chapter 97-255, Laws

26  of Florida, this act constitutes the codification of all

27  special acts relating to the Baker County Development

28  Commission. It is the intent of the Legislature in enacting

29  this law to provide a single, comprehensive special act

30  charter for the Commission, including all current legislative

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  1  authority granted to the Commission by its several legislative

  2  enactments and any additional authority granted by this act.

  3         Section 2.  Codification.--Chapter 57-1129, Laws of

  4  Florida, and chapter 59-1061, Laws of Florida, relating to the

  5  Baker County Development Commission, are codified, reenacted,

  6  amended, and repealed as herein provided.

  7         Section 3.  The Baker County Development Commission is

  8  re-created and the charter for such commission is re-created

  9  and reenacted to read:

10         Section 1.  Status and boundaries.--The Baker County

11  Development Commission is hereby declared to be an independent

12  special district, a public corporation of the State of

13  Florida, within the statutory boundaries of Baker County.

14         Section 2.  Definitions.--When used in this act, the

15  following words and terms, unless a different meaning appears

16  clearly from the context, shall have the following meanings:

17         (1)  "Commission" shall mean the Baker County

18  Development Commission created by this act.

19         (2)  "Project" shall mean and include the acquisition

20  of lands, properties, and improvements for development,

21  expansion, and promotion of industry, commerce, agriculture,

22  natural resources, and vocational training, and the

23  construction of buildings and plants for the purpose of

24  selling, leasing, or renting such structures to private

25  persons, firms, or corporations.

26         (3)  "Cost of project" shall embrace the cost of

27  construction, the cost of all land, properties, easements,

28  rights, and franchises acquired, the cost of machinery and

29  equipment, financing charges, interest prior to and during

30  construction, cost of engineering, architectural, and legal

31  expense, and plans and specifications and other expenses


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  1  necessary or incident to determining the feasibility or

  2  practicability of the project, administrative expenses, and

  3  such other expenses as may be necessary or incident to the

  4  financing herein authorized for the construction of any

  5  project and placing the same in operation.

  6         Section 3.  Commission; creation and purpose.--For the

  7  purpose of performing such acts as shall be necessary for the

  8  sound planning for, and development of, Baker County, there is

  9  created a body corporate and politic to be known as the Baker

10  County Development Commission, which is deemed to be a public

11  corporation by that name, which body may contract and be

12  contracted with and sue and be sued in all courts of law and

13  equity.

14         Section 4.  Membership; appointment, term of

15  office.--The Commission shall be composed of seven members,

16  each of whom shall be a freeholder and a qualified elector of

17  the County. Members of the Commission shall be appointed by

18  the Governor as follows:  one member from each of the County

19  Commission districts of the County as they are now or may

20  hereafter be constituted, and two members from the County at

21  large. Two of the members must be women. All appointments

22  shall be from the same district as the outgoing member and

23  shall be for 4-year terms except appointments to fill

24  vacancies, which shall be for the unexpired term only. Any

25  member of the Commission whose term has expired may remain in

26  office until a replacement is appointed by the Governor.

27         Section 5.  Ex officio members.--The mayor of each

28  incorporated municipality and the chair of the Board of County

29  Commissioners shall be ex officio members of the Commission.

30         Section 6.  Chair and vice chair.--The Commission shall

31  elect from its membership at its organizational meeting, and


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  1  annually thereafter, a chair and a vice chair who shall act as

  2  secretary for the Commission.

  3         Section 7.  Quorum; transaction of business.--Any four

  4  members shall constitute a quorum for the transaction of the

  5  ordinary business of the Commission. However, any action with

  6  respect to any project of the Commission must be approved by

  7  not less than four affirmative votes. No business shall be

  8  transacted except at regularly called meetings and duly

  9  recorded in the minutes thereof.

10         Section 8.  Compensation, travel expenses.--Members of

11  the Commission shall serve without compensation but shall be

12  reimbursed for travel expenses incurred in the performance of

13  their duties as members of the Commission.

14         Section 9.  Authority of County and Cities to

15  contract.--Baker County and all incorporated Cities therein

16  are expressly authorized to enter into contracts with the

17  Commission as a public corporation.

18         Section 10.  Powers and duties.--The Baker County

19  Development Commission shall have the following powers:

20         (1)  To have a seal and alter the same at pleasure.

21         (2)  To acquire, hold, and dispose of personal

22  property, including the stock of other corporations, for its

23  corporate purposes.

24         (3)  To enter into contracts with Baker County and all

25  incorporated Cities therein.

26         (4)  To acquire in its own name by purchase, on such

27  terms and conditions and in such manner as it may deem proper,

28  real property or liens or easements therein or franchises

29  necessary or convenient for its corporate purposes, and to use

30  the same, and to lease or make contracts with respect to the

31  use or disposition of same in any manner the Commission deems


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  1  to its best advantage. If the Commission shall deem it

  2  expedient to construct any project, or use any project already

  3  constructed, on lands the title to which shall then be in

  4  Baker County or in one of its incorporated Cities, the

  5  governing authorities of such County and Cities are

  6  authorized, in their discretion, to convey title to such

  7  lands, including any improvements thereon, to the Commission.

  8         (5)  To select and appoint agents and employees,

  9  including engineers, architects, builders, and attorneys, and

10  to fix their compensation.

11         (6)  To make contracts and to execute all instruments

12  necessary or convenient, including contracts for construction,

13  lease, rental, and sale of projects, or contracts with respect

14  to the use of projects which it erects or acquires.

15         (7)  To construct, erect, acquire, own, repair,

16  remodel, maintain, extend, improve, equip, operate, and manage

17  projects, self-liquidating or otherwise, located on property

18  owned or leased by the Commission, and to pay the costs of any

19  such projects from the proceeds of revenue-anticipation

20  certificates of the Commission or from any grant from Baker

21  County or any of the incorporated Cities therein, or from any

22  grant from the State, or from any contribution or loan by

23  persons, firms, or corporations, all of which the Commission

24  is hereby authorized to receive and accept and use.

25         (8)  To borrow money for any of its corporate purposes

26  and to execute notes, mortgages, deeds to secure debt, trust

27  deeds, and such other instruments as may be necessary or

28  convenient to evidence and secure such borrowing.

29         (9)  To exercise any power granted by the laws of

30  Florida to public or private corporations performing similar

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  1  functions which is not in conflict with the State Constitution

  2  and the laws of Florida.

  3         (10)  To do all things necessary or convenient to carry

  4  out the powers expressly conferred by this act.

  5         (11)  To adopt, alter, or repeal its own bylaws, rules,

  6  and regulations governing the manner in which its business may

  7  be transacted and in which the power granted to it may be

  8  enjoyed as the Commission may deem necessary or expedient in

  9  facilitating its business.

10         (12)  To issue revenue-anticipation certificates for

11  the purpose of paying all or any part of the cost of any

12  project of the Commission. Such revenue-anticipation

13  certificates shall be issued and validated under and in

14  accordance with the applicable provisions of the laws of

15  Florida.

16         (13)  To perform such powers and duties as may from

17  time to time be authorized by the Legislature.

18         Section 11.  Creation of State and County debts

19  prohibited.--The Commission shall not be empowered or

20  authorized in any manner to create a debt as against the

21  State, Baker County, or any of the incorporated Cities

22  therein.

23         Section 12.  Construction.--This act, being for the

24  purpose of developing and promoting the public good and the

25  welfare of Baker County and the incorporated Cities therein

26  and their inhabitants, shall be liberally construed to effect

27  the purposes thereof.

28         Section 13.  There is hereby appropriated, for the

29  purposes contained in this act, the first $10,000 after the

30  first $58,000 of the moneys accruing to Baker County under the

31  provisions of chapter 550, Florida Statutes.


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  1         Section 14.  It is declared to be the legislative

  2  intent that if any section, subsection, sentence, clause, or

  3  provision of this act is held invalid, the remainder of the

  4  act shall not be affected.

  5         Section 4.  Chapters 57-1129 and 59-1061, Laws of

  6  Florida, and all laws or parts of laws in conflict with the

  7  provisions of this act are hereby repealed.

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

  9  law.

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