House Bill 1787

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    Florida House of Representatives - 2000                HB 1787

        By Representative Wiles






  1                      A bill to be entitled

  2         An act relating to the St. Augustine Port,

  3         Waterway and Beach District; codifying the

  4         district's charter; providing for the levy of

  5         ad valorem taxes in a manner consistent with

  6         general law; eliminating provisions for special

  7         taxes for paying judgments and debts of the

  8         district; eliminating provisions in conflict

  9         with general law pertaining to the budget and

10         taxes; replacing provisions on borrowing of

11         money and issuance of bonds with the power to

12         borrow money and issue bonds as a port district

13         pursuant to chapter 315, Florida Statutes;

14         providing for the exercise by the district of

15         all powers allowed to a port district pursuant

16         to chapter 315, Florida Statutes; eliminating a

17         provision relating to bridges; recognizing the

18         right of other governmental authorities to

19         regulate the waters within the district as

20         allowed by general or special law; providing

21         for investment of district funds; replacing

22         provisions relating to commissioners and

23         employees doing business with the district with

24         the Code of Ethics for Public Officers and

25         Employees as provided in chapter 112, Florida

26         Statutes; eliminating provisions in conflict

27         with general law relating to the interest rate

28         on judgments and judicial procedure in cases

29         involving the district; eliminating conditions

30         precedent to lawsuits and statute of

31         limitations; eliminating the requirement that

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  1         voters be freeholders; allowing members of the

  2         commission to hold the offices of secretary and

  3         treasurer and eliminating requirement of a bond

  4         for said offices; repealing chapter 17660, Laws

  5         of Florida, 1935, chapter 18879, Laws of

  6         Florida, 1937, chapter 70-922, Laws of Florida,

  7         and chapter 93-368, Laws of Florida; providing

  8         an effective date.

  9

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

11

12         Section 1.  Pursuant to chapter 98-320, Laws of

13  Florida, this act constitutes the codification of all special

14  acts relating to the St. Augustine Port, Waterway and Beach

15  District. It is the intent of the Legislature in enacting this

16  law to provide a single, comprehensive special act charter for

17  the district, including all current legislative authority

18  granted to the district by its several legislative enactments

19  and any additional authority granted by this act. It is

20  further the intent of this act to preserve all district

21  authority, including the authority to annually assess and levy

22  a tax against the taxable property in the district. The St.

23  Augustine Port, Waterway and Beach District is declared to be

24  an independent special district.

25         Section 2.  Chapter 18879, Laws of Florida, 1937, as

26  amended, relating to the St. Augustine Port, Waterway and

27  Beach District is codified, reenacted, amended, and repealed

28  as herein provided.

29         Section 3.  The St. Augustine Port, Waterway and Beach

30  District is re-created and reenacted to read:

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  1         Section 1.  District formation ratified, restated, and

  2  approved.--The St. Augustine Port, Waterway and Beach District

  3  established pursuant to chapter 18879, Laws of Florida, 1937,

  4  approved by referendum on May 3, 1938, is ratified, confirmed,

  5  and approved.

  6         Section 2.  District boundaries.--The St. Augustine

  7  Port, Waterway and Beach District shall comprise and include

  8  all the territory contained within the following described

  9  boundaries, to wit:

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11         Commencing at the Atlantic Ocean on the

12         township line between townships five (5) and

13         six (6), South, Range Thirty (30), East, in St.

14         Johns County, Florida; thence running west

15         along said township line to the northwest

16         corner of township six (6), South, Range

17         twenty-nine (29) East; thence running south

18         along the range line between Ranges

19         twenty-eight (28) and twenty-nine (29) to the

20         southwest corner of Section thirty (30),

21         township seven (7) South, Range twenty-nine

22         (29) East; thence run easterly along the south

23         line of said section thirty (30), township

24         seven (7), South, Range twenty-nine (29) to the

25         southeast corner of said section thirty (30);

26         thence run south along the west line of Section

27         thirty-two (32), township seven (7), South

28         Range twenty-nine (29) East to the southwest

29         corner of said Section thirty-two, township

30         seven (7), South, Range twenty-nine (29) East;

31         thence run east along the township line between

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  1         townships seven (7) and eight (8) to the

  2         channel of the Matanzas River; thence southerly

  3         following the channel of the said Matanzas

  4         River and continuing in the channel of the

  5         intracoastal waterway canal to the south

  6         boundary of St. Johns County; thence East along

  7         said south boundary line of St. Johns County to

  8         the Atlantic Ocean; thence running northerly

  9         along the Atlantic Ocean to the point of

10         beginning.

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12         Section 3.  Governing board.--The governing authority

13  of the district shall be known as the St. Augustine Port,

14  Waterway and Beach Commission. Said commission shall

15  constitute a body politic and a body corporate, shall have

16  perpetual existence, may adopt and use a common seal and alter

17  the same, may contract and be contracted with, may sue in its

18  corporate name and be sued in its corporate name, may sue and

19  be sued in all the courts of the state and the courts of the

20  United States having jurisdiction over it.

21         Section 4.  District powers.--The St. Augustine Port,

22  Waterway and Beach Commission, as the governing body of the

23  district, shall have the following powers:

24         (a)  To acquire by grant, purchase, gift, devise,

25  condemnation, exchange, or in any other manner all property

26  real or personal or any estate or interest therein, within or

27  without the district which by resolution the commission shall

28  determine to be necessary for the purposes of the district.

29  Said determination shall be deemed conclusive, except in case

30  of fraud or gross abuse of discretion, and to improve,

31  maintain, sell, lease, convey, exchange, or otherwise dispose

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  1  of the same, or any part thereof, or interest or estate

  2  therein, upon such terms and conditions as the commission

  3  shall by resolution fix and determine, and said determination

  4  shall be deemed conclusive, except in case of fraud or gross

  5  abuse of discretion.

  6         (b)  To lay out, construct, condemn, purchase, own,

  7  acquire, add to, maintain, conduct, operate, build, equip,

  8  manage, replace, enlarge, improve, regulate, control, repair,

  9  and establish jetties, piers, quays, wharves, docks,

10  warehouses, storehouses, breakwaters, bulkheads, public

11  landings, slips, seawalls, turning basins, harbors, ports,

12  waterways, channels, moles, dry docks, terminal facilities,

13  canals, cold storage plants, terminal icing plants,

14  refrigerating plants, precooling plants, bunkers, oil tanks,

15  pipe lines, ferries, locks, tidal basins, tramways, cableways,

16  anchorage areas, depots, areas for abandoned or derelict

17  ships, barges or crafts, airways, landing fields, conveyors,

18  modern appliances for economical handling of storage and

19  transportation of freight and the handling of passenger

20  traffic, and all other harbor improvements and facilities

21  which by resolution the commission may determine to be

22  necessary, and in connection with the operation or improvement

23  of the district, to perform all customary services, including

24  the handling, weighing, measuring, regulation, control,

25  inspection, and reconditioning of all commodities and cargoes

26  received or shipped through said harbor.

27         (c)  To improve all navigable and nonnavigable waters

28  situated within the district, to create and improve for harbor

29  purposes any waterways within the district, to regulate and

30  control all such waters and all natural or artificial

31  waterways within the limits of the district, subject to

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  1  regulatory authority given to other governmental authorities

  2  pursuant to general or special law and insofar as the state

  3  can grant the same, subordinate, however, to the jurisdiction

  4  of the United States of America, to straighten, widen, deepen,

  5  and otherwise improve any and all waters, water courses,

  6  inlets, bays, lakes, or streams, whether navigable or

  7  otherwise, located within the district, to construct inlets

  8  and turning basins, and to dredge and deepen any natural or

  9  artificial waterway within the district, to apply for and

10  obtain permission from the Federal Government to create,

11  improve, regulate, and control all such waters and natural or

12  artificial waterways within said district, and to construct

13  and maintain such inlets, slips, turning basins, and channels,

14  and to make and give to the Federal Government its bond or

15  bonds upon such terms and conditions as may be required, to

16  enact, adopt, and establish by resolution rules and

17  regulations for the exercise of jurisdiction and control over

18  all of said waters and said port within the district.

19         (d)  To fix absolutely, without the right of appeal,

20  the rates of wharfage, dockage, warehousing, storage, and port

21  and terminal charges and upon all improvements and harbor

22  facilities located within the district and owned by the

23  commission and to fix and determine the rates, tolls, and

24  other charges for the use of harbor improvements and harbor

25  facilities located within the district and owned by the

26  commission insofar as it may be convenient for the commission

27  to do so under the Constitution and laws of Florida, and the

28  Constitution and laws of the United States.

29         (e)  To exercise such police powers as by resolution

30  the commission shall determine to be necessary for the

31  effective and complete control, regulation, and protection of

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  1  the district, and all harbor improvements and facilities, and

  2  for the effective exercise of jurisdiction over said waters

  3  and said harbor improvements and facilities.

  4         (f)  To employ such legal and clerical aid and

  5  assistance and such engineers, agents, and employees as in

  6  their judgment may be necessary for the efficient

  7  administration of their duties and to fix their compensation

  8  and make such rules, regulations, and orders for the

  9  administration of their duties as may be deemed necessary.

10         (g)  To designate and create such offices, departments,

11  or divisions, other than those herein specifically provided

12  for, as by resolution the commission may determine necessary

13  and, in said resolution, to provide the duties and powers,

14  term of office, compensation, or salary of such offices,

15  positions, and departments; to employ such other persons as

16  may be necessary and to fix and determine the compensations,

17  term of office, and duties of said employees, provided the

18  terms of office of all appointees and employees shall be at

19  the pleasure of the commission, and shall automatically

20  terminate with the termination of the term of office of the

21  members of the commission so employing or appointing them.

22         (h)  To make rules and regulations consistent with the

23  Constitution and laws of Florida and the Constitution and laws

24  of the United States for the promotion and conduct of

25  navigation, commerce, and industry in the district. Said rules

26  and regulations shall be reasonable and shall operate

27  uniformly as to all similarly situated.

28         (i)  To enter into any contract with the Federal

29  Government, or any agency thereof, which may be necessary in

30  order to procure assistance, appropriations, and aid for the

31  deepening, widening, and extending of channels and turning

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  1  basins, the building and construction of slips, wharves,

  2  breakwaters, jetties, bulkheads, and any and all other harbor

  3  improvements and facilities.

  4         (j)  To exercise the right of eminent domain and to

  5  condemn, appropriate, and acquire any property, both real and

  6  personal, and any interest therein which by resolution the

  7  commission shall determine to be necessary, and said

  8  determination shall be conclusive, except in the case of fraud

  9  or gross abuse of discretion. Such condemnation proceedings

10  shall be exercised in the manner provided for in general law

11  and pursuant to the following additional provisions, to wit:

12         1.  In any case where the commission shall not have

13  acquired title to any property, real or personal, which it is

14  using, or, if at any time it shall be found that the title of

15  the commission to property, both real and personal, is

16  defective, the said commission may proceed to acquire, cure,

17  and perfect such title, and to acquire and condemn any

18  outstanding right, title, lien, mortgage, judgment, or

19  interest in and to said property pursuant to the provisions of

20  general law.

21         2.  Upon the filing of a petition in any condemnation

22  proceeding, the commission shall have the right to take

23  immediate possession of said lands, easements, or rights of

24  way to the extent of the interest sought to be acquired

25  whenever the commission shall by resolution determine that

26  immediate possession is necessary, provided, however, this

27  power shall be exercised in the manner provided for in general

28  law.

29         (k)  To execute and deliver all contracts, deeds,

30  leases, franchises, assignments, releases, and all other

31  instruments necessary to carry out the powers herein expressly

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  1  and impliedly conferred, all of which shall be executed in the

  2  name of the commission, and shall be signed by the chair and

  3  secretary thereof, and its corporate seal thereto affixed. All

  4  checks and vouchers for the disbursement of funds of the

  5  commission shall be executed in the manner prescribed by

  6  resolution adopted by the commission.

  7         (l)  To advertise Port St. Augustine in such manner as

  8  the commission deems advisable, to negotiate and contract with

  9  shipping companies, and such other institutions, associations,

10  and companies as the commission may deem necessary for the

11  purpose of advancing and promoting Port St. Augustine.

12         (m)  To pay out of any funds raised or obtained under

13  or pursuant to this act the expenses of holding, conducting,

14  and canvassing and declaring the result of any and all

15  elections required or authorized to be called or held by the

16  commission under this act and of all matters incidental

17  thereto, and the expense of the organization of the

18  commission.

19         (n)  To pay from the funds of the district all expenses

20  incidental to its organization and all other reasonable and

21  necessary expenses in carrying out and accomplishing the

22  purpose of this act.

23         (o)  To exercise any power or perform any act allowed

24  to be performed by a port district as provided in chapter 315,

25  Florida Statutes, or any successor statute, including, but not

26  limited to, borrowing money and issuing bonds.

27         (p)  All of the foregoing powers shall be construed as

28  powers of the commission, and the same shall not be deemed to

29  limit or restrict or to be exclusive. In addition to the

30  enumerated powers hereby conferred upon said commission, it

31  shall have all other powers and can do any and all other

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  1  things necessary to carry out the objects, purposes, and

  2  powers herein specifically conferred and to promote, advance,

  3  and maintain the district. However, the commission shall have

  4  no power to borrow money except as provided in paragraph (o)

  5  of this section.

  6         Section 5.  Election of commissioners.--

  7         (a)  The governing authority of the district shall be

  8  known and designated as the St. Augustine Port, Waterway and

  9  Beach Commission, and shall be composed of five members. No

10  person shall be appointed or elected as a member of the

11  commission of the district unless he or she resides within the

12  boundaries of the district and is a registered voter within

13  the boundaries of the district. Members of the commission

14  shall be designated and elected by Groups numbered 1 to 5.

15         (b)  The provisions of this act shall in no manner

16  affect the present term of office of any of the five members

17  of the commission. The terms of the commissioners shall be

18  staggered. Two persons shall be elected to serve 4 years in

19  the general election in 2000. Three persons shall be elected

20  to serve 4 years in the general election in 2002. Thereafter,

21  each commissioner shall be elected to a 4-year term of office.

22  Each commissioner's term of office shall begin on the 10th day

23  following the general election and continue until his or her

24  successor is elected and qualified. Only registered voters

25  residing within the district shall be permitted to vote. Each

26  registered voter may vote for one candidate in each Group. The

27  candidate who receives the highest number of votes in his or

28  her Group shall win the election in said Group.

29         (c)  The County Commissioners of St. Johns County or

30  the supervisor of elections shall cause the names of

31  candidates for the office of commissioner to be printed upon

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  1  the ballot to be used in the voting precincts within the

  2  district, to be voted on in said precincts at the general

  3  election to be held in November 2000, and each general

  4  election to be held in every even-numbered year thereafter.

  5  Every commissioner, before he or she assumes the duties of

  6  such office, shall be required to give a bond in the sum of

  7  $5,000, payable to the Governor, which bond shall be

  8  conditioned upon the faithful performance of the duties of his

  9  or her office and the due, faithful, and proper accounting of

10  all moneys of the district which shall come into his or her

11  hands. The bond so given by the commissioner shall be approved

12  in the same manner as is provided by general law for the

13  approval of bonds of county officers. The failure of any

14  person so appointed or elected as commissioner within 60 days

15  after his or her appointment or election to give bond shall

16  create a vacancy as to such commissioner and such vacancy

17  shall be filled by appointment by the Governor for the

18  unexpired term of a person duly qualified to hold the office,

19  which manner of filling the office shall also apply in the

20  case of resignation, death, or removal from the district of

21  any commissioner or a vacancy in office arising from any other

22  reason. Any and all premiums on official bonds required by

23  this act shall be paid from funds of the district.

24         Section 6.  Compensation of commissioners.--The

25  commissioners under the provisions of this act shall receive

26  as compensation the sum of $5 per day for each day's service,

27  provided that the total per diem compensation for any 1 year

28  for any one commissioner shall not exceed $300.

29         Section 7.  Officers; conduct of meetings.--As soon as

30  practicable after said commissioners shall have been elected

31  or appointed and have qualified, they shall meet and organize

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  1  and shall elect one of their number as chair who shall hold

  2  office at the pleasure of the commission. The commissioners

  3  shall appoint a secretary and a treasurer who may be a member

  4  of said commission. The offices of secretary and treasurer may

  5  be held by one person. A majority of the commission shall

  6  constitute a quorum. The commission shall have the power to

  7  prescribe rules and regulations for the government and conduct

  8  of their meetings and business. The commission shall meet at

  9  such times and places as may be determined by said commission.

10  All meetings of the commission shall be open to the public. A

11  record of all business transacted by the commission shall be

12  preserved in substantial minute books and safely kept by the

13  secretary.

14         Section 8.  Ad valorem taxation.--The commission shall

15  have the power to levy ad valorem taxes upon all taxable

16  property situated within the district for the purposes

17  authorized and prescribed by this act, subject to the

18  limitations and restrictions herein provided. The commission

19  shall determine annually by resolution the total amount to be

20  raised by taxation upon the taxable property located within

21  the district, and the rate of taxation. The commission shall

22  not during any 1 year levy ad valorem taxes on real and

23  tangible personal property within the district in an amount

24  exceeding 3 mills. No tax shall be levied until a resolution

25  has been approved by the commission according to the

26  procedures provided by general law. The collection of ad

27  valorem taxes shall be performed by the appropriate officer as

28  prescribed by general law.

29         Section 9.  Conduct of commissioners and

30  employees.--Each commissioner, official, and employee of the

31  district shall comply with the Code of Ethics for Public

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  1  Officers and Employees as contained in chapter 112, Florida

  2  Statutes, or any successor statute.

  3         Section 10.  Judgments.--No money judgment or decree

  4  rendered against the commission or the district shall be a

  5  lien on the property, either real or personal, of the

  6  commission or the district. All property, both real and

  7  personal, tangible and intangible, owned by the commission and

  8  the district shall be exempt from sale under execution, and no

  9  writ of execution shall be issued or levied.

10         Section 11.  Exemption from taxation.--All property,

11  real and personal, tangible and intangible, owned and held by

12  the district shall be exempt from all taxation levied and

13  assessed pursuant to the Constitution and laws of the state.

14         Section 12.  Removal by Governor.--In the event any

15  commissioner shall be found guilty of intentional and willful

16  misfeasance, nonfeasance, or malfeasance in office, he or she

17  shall be subject to removal by the Governor in the manner

18  provided by law for the removal of county officers.

19         Section 13.  Records.--The books and records of the

20  district shall at all reasonable hours be open to public

21  inspection. All moneys of the district shall be kept in

22  depositories designated by resolution of the commission, and

23  shall at all times be kept in the manner required by general

24  law. At least once a year the books of account of the district

25  shall be audited, and such audit filed in the office of the

26  district, and at all reasonable hours be open to inspection to

27  any person. The fiscal year of the district shall begin on

28  October 1 of each year and end on September 30 of each year.

29         Section 14.  Investment of funds.--The commission may,

30  by resolution to be adopted from time to time, invest and

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  1  reinvest any funds in its control or possession in the same

  2  investments allowed for counties under general law.

  3         Section 15.  Severability.--If any provision of this

  4  act is declared unconstitutional or the applicability thereof

  5  to any person or circumstances is held invalid, the validity

  6  of the remainder of the act and the applicability of said

  7  provision to other persons and circumstances shall not be

  8  affected thereby.

  9         Section 16.  Liberal construction.--This act shall be

10  liberally construed.

11         Section 4.  Chapter 17660, Laws of Florida, 1935,

12  chapter 18879, Laws of Florida, 1937, chapter 70-922, Laws of

13  Florida, and chapter 93-368, Laws of Florida, are hereby

14  repealed 10 days after the effective date of this act,

15  provided the authority to levy and assess an ad valorem tax as

16  provided in this act shall not be repealed.

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

18  law.

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