Senate Bill 1820

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



    Florida Senate - 2000        (NP)                      SB 1820

    By Senator Carlton





    24-1122-00                                              See HB

  1                      A bill to be entitled

  2         An act relating to Lee and Charlotte Counties;

  3         codifying chapters 96-507 and 97-319, Laws of

  4         Florida, relating to the Gasparilla Island

  5         Bridge Authority, a special taxing district;

  6         providing district boundaries; prescribing the

  7         purposes, powers, privileges, duties,

  8         liability, and officials; providing

  9         applicability of the provisions of chapter 189,

10         F.S., to said district; providing definitions;

11         providing for the appointment of the governing

12         board and the election and appointment of its

13         future members; defining terms of office;

14         prescribing duties, powers, and qualifications,

15         and fixing compensation; providing for the

16         setting of bridge toll rates by the district;

17         providing for the levy of ad valorem taxes upon

18         the lands in said district under certain

19         circumstances and for the collection and

20         enforcement thereof; providing the authority

21         for the district to issue bonds and the

22         authority to pledge revenues for the repayment

23         of those bonds; providing the power of eminent

24         domain; providing provisions with respect to

25         the tax exemption of bonds and tax delinquency

26         enforcement and liens relating thereto;

27         specifying authority decisions requiring a

28         majority vote; providing for interlocal

29         cooperation; providing for fees or costs for

30         the offices of the county property appraisers

31

                                  1

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    Florida Senate - 2000        (NP)                      SB 1820
    24-1122-00                                              See HB




  1         and tax collectors; providing for severability;

  2         providing an effective date.

  3

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

  5

  6         Section 1.  Chapters 96-507 and 97-319, Laws of

  7  Florida, are codified, reenacted, amended, and repealed as

  8  herein provided.

  9         Section 2.  The Gasparilla Island Bridge Authority is

10  re-created and the charter for such district is re-created and

11  reenacted to read:

12         Section 1.  LEGISLATIVE FINDINGS.--It is declared as a

13  matter of legislative determination that the residents of

14  Gasparilla Island and its neighboring islands have a vital

15  interest in the operation and the continued maintenance and

16  improvement of the bridge and causeway linking the islands to

17  the mainland.  The bridge and causeway were constructed in

18  1952 by a private company.  That company and its successors

19  have operated the bridge and collected tolls since 1952 under

20  a 50-year lease from the state which expires in May 2002.  The

21  residents of Gasparilla Island are the primary users of the

22  bridge and pay the majority of tolls collected for its

23  continued maintenance.  It is the intent of the Legislature to

24  create an independent special authority on Gasparilla Island

25  and surrounding islands, in both Lee and Charlotte Counties,

26  with overall responsibility for the ownership, operation,

27  maintenance, repair, and reconstruction of the bridge and

28  causeway connecting Gasparilla Island with the mainland in

29  Charlotte County, thereby creating an organization to permit

30  the continuing responsibility on the part of the residents of

31  Gasparilla Island and surrounding islands for the operation,

                                  2

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    Florida Senate - 2000        (NP)                      SB 1820
    24-1122-00                                              See HB




  1  maintenance, repair, and reconstruction of the bridge and

  2  causeway. This act shall be known as "The Gasparilla Island

  3  Bridge Authority Act."

  4         Section 2.  AUTHORITY CREATED.--There is hereby created

  5  and established a local governmental body, corporate and

  6  politic, to be known as the Gasparilla Island Bridge

  7  Authority.  The boundaries of the authority shall include: all

  8  of Gasparilla Island, including Boca Grande Isles and

  9  Gasparilla Golf Course Island, Three Sisters Island, Hoagen's

10  Key, Loomis Island, and Cole Island situated in Lee County and

11  Charlotte County including all adjacent submerged lands, tidal

12  lands, overflow lands, and tidal ponds hereinafter referred to

13  as the "islands," and the following described lands located on

14  or between the islands and the mainland of Charlotte County,

15  Florida:

16

17         Parcel I:

18

19         That real property described in the Final

20         Judgment entered in Condemnation Suit, Case

21         #1048 entitled Florida Bridge Company,

22         Plaintiff -vs- Sunset Realty Corporation,

23         Defendant, Circuit Court, Charlotte County,

24         Florida, said judgment being dated June 18,

25         1958, recorded June 13, 1958, in O.R. Book 39

26         at Page 178, et. seq., of the Public Records of

27         Charlotte County, Florida, which property is

28         more particularly described as follows:

29

30         A parcel containing 3.4937 acres of land, lying

31         and being in Charlotte County Florida, lying

                                  3

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    Florida Senate - 2000        (NP)                      SB 1820
    24-1122-00                                              See HB




  1         15' on either side of the following described

  2         centerline:

  3

  4         Commencing at the intersection of Sections 26,

  5         27, 34 and 35, Township 42 South, Range 20

  6         East; thence North 89°47'36" West, 292.84 feet;

  7         thence North 22°39'51" West 147.19 feet; thence

  8         North 16°28'24" East, 1,105.2 feet to the South

  9         end of the South relief bridge as constructed

10         by the Florida Bridge Corp. under its

11         franchise, to point of beginning; thence from

12         said point of beginning South 16°28'24" West

13         286.85 feet to a point of curvature; thence

14         Southeasterly along a curve whose radius is

15         2,864.79 feet, an arc distance of 1,956.88 feet

16         to a point; thence South 21°56'21" East 800

17         feet to the center of the County road pavement

18         as exists at present, crossing the 30' R/W line

19         of said County road 157.6 feet North of the

20         point as established in the center of said

21         County road, all lying a being in Sections 26,

22         27, 34 and 35, Township 42 South, Range 20

23         East, Charlotte County, Florida.

24

25         Parcel II:

26

27         The following described lands (herein Parcels

28         A, B, C, and D, respectively) situated in

29         Charlotte County, Florida:

30

31

                                  4

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    Florida Senate - 2000        (NP)                      SB 1820
    24-1122-00                                              See HB




  1         Parcel A. Those lands described in instrument

  2         dated November 26, 1954, between Boca Grande

  3         Inn, Inc., a Florida corporation, and Florida

  4         Bridge Company, a Florida corporation, recorded

  5         April 11, 1958 in O.R. Book 36, Page 211 et.

  6         seq. Of the Public Records of Charlotte County,

  7         Florida, more particularly described as

  8         follows:

  9

10         A strip or parcel of land in Section 12,

11         Township 42 South, Range 20 East, which strip

12         or parcel is 33 feet on each side of, as

13         measured at right angles to, the following

14         described center line: From the intersection of

15         the centerline of the Seaboard Air Line

16         Railroad (Charlotte Harbor and Northern

17         Railroad) with the center line of Florida State

18         Road No. 775 in said Section 12, run North

19         59°01'06" West, (being the same line as shown

20         as having a bearing of North 58°59' West on the

21         right-of-way map of said State Road) along the

22         center line of said State Road No. 775 for

23         1,260 feet to a point of curve of a curve to

24         the right; thence continue along the tangent of

25         said curve for 111.93 feet to a point; thence

26         run South 01°00'54" West for 55.64 feet to a

27         point on the South right-of-way line of State

28         Road No. 775 and the point of beginning of the

29         center line of the lands hereby conveyed; from

30         said point of beginning continue South

31         01°00'54" West for 1,049.49 feet to the point

                                  5

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    Florida Senate - 2000        (NP)                      SB 1820
    24-1122-00                                              See HB




  1         of curve of a curve to the right having a

  2         radius of 2,864.79 feet; thence run Southerly

  3         to Southwesterly along the arc of said curve

  4         for 420 feet, more or less, to the mean high

  5         water mark of Gasparilla Sound.  All bearings

  6         hereinabove mentioned are plane coordinate

  7         bearings for the Florida West Zone.

  8

  9         Parcel B. Those lands described in Grant of

10         Right-of-Way from the Trustees of the Internal

11         Improvement Trust Fund of the State of Florida

12         to Florida Bridge Company, Inc.  dated December

13         30, 1954, bearing instrument no. 20840,

14         recorded January 26, 1955, in O.R. Book 1, Page

15         146 et. seq. of the Public Records of Charlotte

16         County, Florida, as amended, more particularly

17         described as follows:

18

19                  CAUSEWAY RIGHT-OF-WAY

20

21         Lands for highway right-of-way purposes across

22         the submerged bottoms of Gasparilla Sound from

23         the mean high water mark of said Sound on the

24         mainland at the town of Placida to the mean

25         high water mark on Gasparilla Island, said

26         lands being 300 feet wide on each side of, as

27         measured at right angles to, a center line,

28         more particularly described as follows:

29

30         Commence at the intersection of the center line

31         of the S.A.L. R.R. and the center line of S.R.

                                  6

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    Florida Senate - 2000        (NP)                      SB 1820
    24-1122-00                                              See HB




  1         No. 775 in Section 12, Township 42 South, Range

  2         20 East, Charlotte County, Florida.

  3

  4         Thence North 59°01'06" West along the center of

  5         said S.R. No. 775 1,260 feet the P.C. of a

  6         curve to the right;

  7

  8         Thence continue along the tangent to said curve

  9         111.93 feet to a point;

10

11         Thence South 01°01'09" West 900 feet, more or

12         less, to the mean high water mark of Gasparilla

13         Sound, said point being the point of beginning

14         of the easement herein granted; From P.O.B.

15         continue South 01°01'09" West 593.95 feet to a

16         point in Gasparilla Sound, said point being 930

17         feet from, as measured at right angles to, the

18         center line of said S.A.L. R.R.;

19

20         Thence South 16°28'24" West parallel to and 930

21         feet from said center line 8,743 feet to the

22         mean high water mark of Gasparilla Sound on

23         Gasparilla Island, said high water mark being

24         the terminus of this center line.

25

26                           AND

27

28         An area on the Northwesterly side of the

29         causeway center line beginning 100 feet off

30         shore from the Placida side of Gasparilla Sound

31         and extending Southwesterly parallel to the

                                  7

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    Florida Senate - 2000        (NP)                      SB 1820
    24-1122-00                                              See HB




  1         center line of said causeway for a distance of

  2         4,000 feet.  The Northwesterly limits of said

  3         area shall be not more than 1,500 feet from

  4         said center line and the Southeasterly limits

  5         shall be not less than 1,000 feet from said

  6         causeway center line.

  7

  8                           AND

  9

10         An area on the Southeasterly side of the

11         causeway center line beginning 100 feet off

12         shore from the Placida side of Gasparilla Sound

13         and extending Southwesterly parallel with

14         center line of causeway for a distance of 9,000

15         feet. The Southeasterly limits of said area

16         shall be not more than 600 feet from said

17         center line and the Northwesterly limits shall

18         be the right-of-way for causeway.

19

20       LESS AND EXCEPT FROM PARCEL B THE FOLLOWING:

21

22         The lands conveyed by Robert L. King and

23         Carroll C. Cozart, as personal representative

24         of the estate of Robert T. Cozart, deceased, to

25         Gasparilla Pass, Inc. by deed dated July 16,

26         1981, recorded July 16, 1981 in O.R. Book 672

27         at Page 1045 et. seq. of the Public Records of

28         Charlotte County, Florida, more particularly

29         described as follows:

30

31

                                  8

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    Florida Senate - 2000        (NP)                      SB 1820
    24-1122-00                                              See HB




  1         A tract of parcel of land lying in Section 26,

  2         Township 42 South, Range 20 East, Charlotte

  3         County, Florida which tract or parcel is

  4         described as follows:

  5

  6         From the Southwest corner of said Section 26 on

  7         Gasparilla Island as shown on the plat of Gulf

  8         Shores North recorded in Plat Book 13 beginning

  9         at Page 9A, Charlotte County Records run North

10         89°45'15" West along the South line of Section

11         27 as shown on said plat for 82.13 feet to an

12         intersection with the centerline of Gasparilla

13         Road (50 feet wide); thence run Northerly along

14         said centerline as shown on said plat along the

15         arc of a curve to the right of radius 2,864.79

16         feet (chord bearing North 05°14'34" East) for

17         1,123.99 feet to a point of tangency; thence

18         continue along said centerline North 16°28'45"

19         East, parallel with and 930 feet Westerly from

20         (as measured on a perpendicular) the centerline

21         of the Seaboard Coast Line Railroad, for 527.77

22         feet to the Northerly end of the South Relief

23         Bridge on the Boca Grande Causeway; thence

24         continue North 16°28'45" East along said

25         centerline as described in instruments recorded

26         in Official Records Book 1 at Page 145,

27         Official Records Book 7 at Page 177, and

28         Official Records Book 479 at Page 817 of said

29         public records for 2,549.58 feet to the

30         southerly end of the Center Relief Bridge and

31         the Point of Beginning of lands described in

                                  9

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    Florida Senate - 2000        (NP)                      SB 1820
    24-1122-00                                              See HB




  1         said instrument recorded in Official Record

  2         Book 479 at Page 817 and the Point of Beginning

  3         of the herein described parcel.

  4

  5         From said Point of Beginning run South

  6         79°31'15" East for 37 feet more or less to the

  7         approximate mean high tide line of Charlotte

  8         Harbor, thence run Southeasterly, Southerly,

  9         Southwesterly, Southerly, Southeasterly,

10         Southerly, Southwesterly, Southerly,

11         Southeasterly, Southerly, Southwesterly,

12         Southerly, Southeasterly, Southerly,

13         Southwesterly, Southerly, Southeasterly,

14         Southerly, Southwesterly and Westerly along

15         said approximate mean high tide line for 3,000

16         feet more or less to a concrete seawall on the

17         easterly line of the Florida Bridge company

18         right-of-way (120 feet wide); thence run

19         Southerly and Southwesterly along said seawall

20         to an intersection with an easterly

21         prolongation of the Northerly end of said South

22         Relief Bridge; thence run North 73°31'15" West

23         along said prolongation, said North line and a

24         Westerly prolongation of said North line for 85

25         feet more or less to the approximate mean high

26         tide line  of Gasparilla Pass; thence run-along

27         said approximate mean high tide line

28         Northwesterly, Northerly, Northeasterly and

29         Northerly for 2,650 feet more or less to an

30         intersection with the Westerly prolongation of

31         said South line of said Center Relief Bridge;

                                  10

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    Florida Senate - 2000        (NP)                      SB 1820
    24-1122-00                                              See HB




  1         thence run South 73°31'15" East along said

  2         prolongation and said South line for 45 feet

  3         more or less to the Point of Beginning.

  4

  5         Bearing hereinafter mentioned are Plan

  6         Coordinate for the Florida West Zone.

  7

  8         ALSO LESS AND EXCEPT FROM PARCEL B THE

  9         FOLLOWING:

10

11         The lands conveyed to A.E. Blackburn and his

12         wife, Mary M. Blackburn, Robert S. Maynard and

13         Mildred M. Maynard and Samuel Schuckman and

14         Lucile Schuckman by deeds recorded in O.R. Book

15         13, Page 360, O.R. Book 42, Page 502 and O.R.

16         Book 43, Page 353 of the Public Records of

17         Charlotte County Florida:

18

19         From the meander corner between Section 22 and

20         27, Township 42 South, Range 20 East, on Little

21         Gasparilla Island, as established in 1908 by

22         Charles M. Pidgeon, run East 618 feet to a

23         point for point of beginning. Thence as

24         follows:

25

26         North 3°30' East, 420 feet,

27         North 42°00' East, 290 feet,

28         North 70°30' East, 660 feet,

29         South 62°00' East, 930 feet,

30         South 45°30' East, 380 feet,

31         South 66°30' East, 660 feet,

                                  11

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    Florida Senate - 2000        (NP)                      SB 1820
    24-1122-00                                              See HB




  1         South 5°00' East, 515 feet,

  2         South 76°00' West, 575 feet,

  3         South 62°00' West, 910 feet,

  4         North 76°30' West, 1180 feet,

  5         North 4°30' West, 935 feet,

  6

  7         to a Point of Beginning containing 82.20 acres

  8         more or less;

  9

10         ALSO LESS AND EXCEPT FROM PARCEL B THE

11         FOLLOWING:

12

13         A portion of the lands described in warranty

14         deed from Bert L. Cole and Helen Cole, husband

15         and wife, to Brunswick Corporation dated

16         January 2, 1973, recorded January 2, 1973 in

17         O.R. Book 407, Page 766 and fee simple deed

18         dated September 1, 1972 in O.R. Book 401, Page

19         882 of the Public Records of Charlotte County,

20         Florida, more particularly described as

21         follows:

22

23         Commence at the N.W. corner of Section 12,

24         Township 42 South, Range 20 East, Charlotte

25         County, Florida; thence South 0°11'00" West

26         along the West line of said Section 12,

27         2073.74' to a point on the Southeasterly

28         right-of-way (100' right-of-way) of State Road

29         No. 775; thence South 48°03'00" East along said

30         right-of-way 941.68' for a point of beginning;

31         thence continue South 48°03'00" East, 209.58'

                                  12

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    Florida Senate - 2000        (NP)                      SB 1820
    24-1122-00                                              See HB




  1         to the Point of Curvature of a curve to the

  2         left, said curve having a central angle of

  3         10°56'00" and a radius of 1,960.08'; thence

  4         along the arc of said curve a distance of

  5         374.09' to the Point of Tangency; thence South

  6         0°11'00" West, 979.29' thence North 80°34'09"

  7         West, 948.20'; thence North 0°41'48" West,

  8         699.41'; thence North 45°16'45" East, 690.82'

  9         to the Point of Beginning.

10

11         Less all that part of the above described lands

12         lying East of the West boundary of the

13         right-of-way of the Boca Grande Causeway.

14

15         All lying and being in Section 12, Township 42

16         South, Range 20 East, Charlotte County,

17         Florida.

18

19         ALSO LESS AND EXCEPT FROM PARCEL B THE

20         FOLLOWING:

21

22         A portion of the lands described in warranty

23         deeds from Placida Sound Corporation to James

24         O. Dixon, Jay D. Moser and Janice D. Parrish

25         dated January 19, 1979, recorded January 22,

26         1979, in O.R. Book 593, Page 1713 and deeds

27         recorded in O.R. Book 671, Page 1915 and O.R.

28         Book 671, Page 1914, Public Records of

29         Charlotte County, Florida, more particularly

30         described as follows: Commence at the Northwest

31         corner of Section 12, Township 42 South, Range

                                  13

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    Florida Senate - 2000        (NP)                      SB 1820
    24-1122-00                                              See HB




  1         20 East, Charlotte County, Florida; thence

  2         South 0°11'00" West, along West boundary of

  3         said Section 12, 2,952.87 feet; thence South

  4         41°59'07" East 317.87 feet; then South 0°41'48"

  5         East, 699.41 feet for a P.O.B.; thence continue

  6         South 0°41'48" East, 602.98 feet; thence South

  7         76°03'07" East 730.00 feet to a point on the

  8         Westerly R/W of Boca Grande Causeway (66'R/W)

  9         thence Northerly along said R/W 651.18 feet to

10         a point that bears North 0°14'06" East from the

11         previous course; thence North 8°34'09" West

12         820.17 feet to the Point of Beginning.  All

13         lying and being in Section 12, Township 42

14         South, Range 20 East, Charlotte County,

15         Florida.

16

17         Parcel C.  Those lands described in

18         Right-of-Way from A. E. Blackburn and Mary M.

19         Blackburn, husband and wife, to Florida Bridge

20         Company dated July 5, 1956, recorded in O.R.

21         book 118, Page 675 of the Public Records of

22         Charlotte County, Florida, more particularly

23         described as follows:

24

25         A strip of land 33 feet on each side of the

26         center line of Florida Bridge Company causeway

27         across the Easterly part of the following

28         described property:

29

30         From the meander corner between Section 22 and

31         27, Township 42 South, Range 20 East, on Little

                                  14

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    Florida Senate - 2000        (NP)                      SB 1820
    24-1122-00                                              See HB




  1         Gasparilla Island, as established in 1908 by

  2         Charles M. Pidgeon, run East 618 feet to a

  3         point for point of beginning,

  4

  5         Thence as follows:

  6         North 3°30'East, 420 feet,

  7         North 42°00' East, 290 feet,

  8         North 70°30' East, 660 feet,

  9         South 62°00' East, 930 feet,

10         South 45°30' East, 380 feet,

11         South 66°30' East, 660 feet,

12         South 5°00' East, 515 feet,

13         South 76°00' West, 575 feet,

14         South 62°00' West, 910 feet,

15         North 76°30' West, 1,180 feet,

16         North 4°30' West, 935 feet,

17

18         to Point of Beginning containing 82.20 acres

19         more or less;

20

21         Parcel D.  Those lands described in instrument

22         between G. M. Cole, joined by his wife, Addie

23         Cole, and Florida Bridge Company, Inc. dated

24         September 12, 1952, recorded December 1, 1955,

25         in O.R. Book 7, Page 177 et. seq. of the Public

26         Records of Charlotte County, Florida, more

27         particularly described as follows:

28

29         A strip of land across Cole Island, extending

30         from the Northerly to the Southerly end thereof

31         and being 120 feet in width (60 feet on each

                                  15

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    Florida Senate - 2000        (NP)                      SB 1820
    24-1122-00                                              See HB




  1         side of the center line of Florida Bridge

  2         Company causeway), such center line of said

  3         easement begin parallel to and 930 feet

  4         Westerly from the center line of the Seaboard

  5         Airline Railroad Company track.

  6

  7         Section 3.  PURPOSES.--

  8         (1)  The authority is created for the purpose of

  9  acquiring, constructing, reconstructing, financing, owning,

10  managing, providing, promoting, improving, expanding,

11  maintaining, operating, regulating, franchising, and otherwise

12  having complete authority, with respect to the Gasparilla

13  Island bridge and causeway within the territorial limits of

14  Charlotte County, and areas adjacent thereto.  It is further

15  the purpose of this act to repose in the authority all powers

16  with respect to operating, maintaining, repairing, and

17  improving the bridge and causeway, including the power to set

18  bridge toll rates and collect bridge tolls, and such other

19  additional powers as are hereafter designated by this act.

20         (2)  The Legislature finds and declares that the

21  creation of the authority and the carrying out of its purposes

22  are in all respects for the benefit of the people of this

23  state and the people of Lee and Charlotte Counties. The

24  authority is performing an essential governmental function.

25  All property of said authority is and shall in all respects be

26  considered to be public property, and title to such property

27  shall be held by the authority for the benefit of the public.

28  The use of such property, until disposed of upon such terms as

29  the authority may deem just, shall be for essential public and

30  governmental purposes.

31

                                  16

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    Florida Senate - 2000        (NP)                      SB 1820
    24-1122-00                                              See HB




  1         (3)  It is the intent of this act to create the

  2  authority as an independent special district that meets all

  3  the requirements for independent special districts provided in

  4  chapter 189, Florida Statutes.

  5         Section 4.  DEFINITIONS.--As used in this act, the

  6  following words and terms shall have the following meanings,

  7  unless some other meaning is plainly intended:

  8         (1)  "Authority" means the Gasparilla Island Bridge

  9  Authority acting by and through its governing body as

10  established under section 2.

11         (2)  "Board" means the Board of Supervisors of the

12  Gasparilla Island Bridge Authority.

13         (3)  "Charlotte County Commission" means the Charlotte

14  County Board of County Commissioners.

15         (4)  "Lee County Commission" means the Charlotte County

16  Board of County Commissioners.

17         (5)  "Clerk" means the clerk of the circuit court and

18  the ex officio Clerk of the Board of County Commissioners of

19  Charlotte County or Lee County.

20         (6)  "Cost" as applied to the acquisition,

21  construction, extension, additions, or improvements to the

22  bridge and causeway or to the establishment of the authority

23  includes the cost of: construction or reconstruction;

24  acquisition or purchase of real or personal property; expenses

25  relating to the issuance of bonds; indemnity or surety bonds;

26  premiums for insurance on real or personal property; expenses

27  related to the establishment of the authority; labor,

28  materials, machinery, supplies, and equipment; any interest in

29  land including all property rights, easements, and franchises

30  of any nature; finance charges; interest payments; payments

31  for the creation of initial reserve or debt service reserve

                                  17

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    Florida Senate - 2000        (NP)                      SB 1820
    24-1122-00                                              See HB




  1  funds; bond discount; architectural and engineering services;

  2  financial and banking services; legal and accounting services;

  3  all other expenses necessary or incidental for determining the

  4  feasibility of construction, reconstruction, or acquisition;

  5  all other expenses necessary or incidental to any financing

  6  authorized herein; reimbursement of any other person, firm, or

  7  corporation for any moneys or services advanced to the

  8  authority in connection with any of the foregoing items of

  9  cost.

10         (7)  "Elector" means any registered voter within the

11  boundaries of the authority.

12         (8)  "Executive director" shall be the chief executive

13  officer of the authority, who shall carry out the policies of

14  the authority.

15         (9)  "Gross receipts" means any income received from

16  all tolls collected for the use of the bridge and causeway and

17  other income received from all other sources, including income

18  received from taxpayers from ad valorem tax assessments.

19         (10)  "Taxpayer" means any natural or corporate person

20  who owns real property within the boundaries of the authority.

21         (11)  "Revenue bonds" or "bonds" means bonds or other

22  obligations secured by and payable from the revenues derived

23  from tolls, fees, or charges collected by the authority from

24  users or future users of the facilities of the system, which

25  may be additionally secured by a pledge of the proceeds of ad

26  valorem taxes levied against property within the boundaries of

27  the authority, all to the extent determined by resolution of

28  the authority.

29         (12)  "Bridge and causeway system" means and includes

30  all bridges, causeways, roadways, toll facilities, or property

31  and additions, extensions, and improvements thereto at any

                                  18

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    Florida Senate - 2000        (NP)                      SB 1820
    24-1122-00                                              See HB




  1  future time constructed and acquired as part thereof, useful

  2  or necessary or having the present capacity for future use in

  3  connection with maintaining a bridge and roadway across

  4  Gasparilla Pass in Charlotte County.

  5         Section 5.  GOVERNING BODY.--

  6         (1)  The governing body of the authority shall consist

  7  of nine members acting as the Board of Supervisors. Five of

  8  these members shall be voting members with full power to

  9  conduct the business of the authority by majority vote of the

10  voting members.  The other four members shall serve as ex

11  officio, nonvoting members who shall participate in board

12  discussions as representatives of the taxpayers who are not

13  qualified as electors of the authority.  Each member shall

14  serve terms of 4 years, provided that the initial members of

15  the Board of Supervisors and their terms of office shall be as

16  follows:

17         (a)  Board Supervisor No. 1, Board Supervisor No. 3,

18  Board Supervisor No. 5, Board Supervisor No. 7, and Board

19  Supervisor No. 9 shall be appointed by the Lee County

20  Commission and serve until November 15, 1996.  These

21  supervisor positions shall be first elected or appointed

22  thereafter as herein described.

23         (b)  Board Supervisor No. 2, Board Supervisor No. 4,

24  Board Supervisor No. 6, and Board Supervisor No. 8 shall be

25  appointed by the Charlotte County Commission and serve until

26  November 15, 1996.  These supervisor positions shall be

27  elected or appointed thereafter as herein described.

28         (2)  Board Supervisor No. 1, Board Supervisor No. 2,

29  Board Supervisor No. 3, Board Supervisor No. 4, and Board

30  Supervisor No. 5 shall be voting members of the Board of

31  Supervisors who are qualified as electors within the

                                  19

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    Florida Senate - 2000        (NP)                      SB 1820
    24-1122-00                                              See HB




  1  boundaries of the authority.  Board Supervisor No. 6, Board

  2  Supervisor No. 7, Board Supervisor No. 8, and Board Supervisor

  3  No. 9 shall be ex officio, nonvoting members who are appointed

  4  by the board at its first meeting following the general

  5  election.  The ex officio, nonvoting members must be either

  6  electors or taxpayers from within the boundaries of the

  7  district.  No board member shall be elected or appointed for

  8  more than two consecutive 4-year terms except the chair, who

  9  may be elected to a maximum of three 4-year terms.  The chair

10  must be a voting member of the board.

11         (3)  The voting members of the Board of Supervisors

12  shall be elected by a majority of the electors of the

13  authority voting in the general election in November of each

14  even numbered year.  Each elector may exercise one vote.

15  Those members duly elected to serve will take office on

16  November 15 following their election.

17         (a)  Board Supervisor No. 1, Board Supervisor No. 3,

18  Board Supervisor No. 5, Board Supervisor No. 6, and Board

19  Supervisor No. 8 shall be first elected or appointed in the

20  November 1996 election and every fourth year thereafter.

21         (b)  Board Supervisor No. 2, Board Supervisor No. 4,

22  Board Supervisor No. 7, and Board Supervisor No. 9 shall be

23  first elected or appointed at the November 1996 election to a

24  2-year term.  They shall be appointed or stand for election to

25  a full 4-year term commencing at the November 1998 election

26  and shall be elected or appointed every fourth year

27  thereafter.

28         (4)  The authority is authorized to conduct its

29  elections independently or through the Lee County or Charlotte

30  County Supervisor of Elections.  Should the authority elect to

31  conduct its own elections, it shall make its election

                                  20

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    Florida Senate - 2000        (NP)                      SB 1820
    24-1122-00                                              See HB




  1  procedures consistent with the Florida Election Code, chapters

  2  97 through 106, Florida Statutes, for the following:

  3         (a)  Qualifying periods, in accordance with section

  4  99.061, Florida Statutes;

  5         (b)  Petition format, in accordance with rules adopted

  6  by the Florida Division of Elections;

  7         (c)  Canvassing of returns, in accordance with sections

  8  101.5614 and 102.151, Florida Statutes;

  9         (d)  Noticing special district elections, in accordance

10  with chapter 100, Florida Statutes;

11         (e)  Polling hours, in accordance with section 100.011,

12  Florida Statutes.

13         (5)  Upon the occasion of a vacancy for any reason in

14  the term of office of a voting member of the governing body of

15  the authority, a successor shall be appointed by the Governor.

16  Any person appointed to fill a vacancy shall be appointed to

17  serve for the balance of the unexpired term or until the next

18  election at which a successor may be duly elected to fill the

19  balance of the unexpired term.

20         (6)  Upon the occasion of a vacancy for any reason in

21  the term of office of an ex officio nonvoting member, a

22  successor shall be appointed by a majority of the voting

23  members of the governing body of the authority.

24         (7)  The Board of Supervisors shall elect a chair and

25  vice chair from members of the authority, each of whom shall

26  serve for 1 year or until his or her successor is chosen.  The

27  chair, or the vice chair in the chair's absence, shall preside

28  at all meetings of the authority and shall perform such

29  additional duties as prescribed by the members or contained in

30  the bylaws of the authority.  The authority shall hold regular

31  meetings at least quarterly at such times and places as it may

                                  21

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    Florida Senate - 2000        (NP)                      SB 1820
    24-1122-00                                              See HB




  1  designate and may hold more frequent special meetings.  Three

  2  voting members constitute a quorum for the purpose of meeting

  3  and transacting business.  Each voting member of the authority

  4  shall have one vote.  The authority may adopt bylaws and may

  5  make all policies, procedures, rules, and regulations not

  6  inconsistent with this act which it may deem necessary

  7  respecting the conduct of its affairs.  Such policies,

  8  procedures, rules, and regulations shall provide for notice of

  9  all public meetings in conformity with the requirements of

10  section 189.417, Florida Statutes, and shall provide that an

11  agenda shall be prepared by the authority in time to ensure

12  that a copy of the agenda will be available at least 3 days

13  prior to any regular meetings of the authority.  After the

14  agenda has been made available, items may be added for good

15  cause, as determined by the chair or person designated to

16  preside at the meeting.  The reason for adding an item to the

17  agenda shall be stated in the record.  Special or emergency

18  meetings may be called by the chair upon no less than 48

19  hours' notice.  The authority shall publish and thereafter

20  codify and index all rules, regulations, and resolutions

21  formulated, adopted, or used by authority in the discharge of

22  its functions.  Such rules, regulations, and resolutions shall

23  be made available for public inspection and copying, at no

24  more than cost.  The authority shall not be deemed to be an

25  agency within the meaning of chapter 120, Florida Statutes.

26  The authority shall be deemed to be an agency within the

27  meaning of chapter 119, Florida Statutes, and all records of

28  the authority shall be open to the public.  The authority

29  shall be deemed an agency or authority of the county for

30  purposes of section 286.011, Florida Statutes, the "Government

31  in the Sunshine" law.  Voting members of the Board of

                                  22

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    Florida Senate - 2000        (NP)                      SB 1820
    24-1122-00                                              See HB




  1  Supervisors shall be deemed to be local officers for the

  2  purposes of section 112.3145(3), Florida Statutes, requiring

  3  disclosure of their financial interests.  These statements of

  4  financial interests shall be filed with the Lee County

  5  Supervisor of Elections and available for public inspection.

  6  In addition to the foregoing, the authority shall comply with

  7  the requirements of section 189.417, Florida Statutes,

  8  regarding notice of meetings which shall be deemed to

  9  supersede any inconsistent provisions of this section in the

10  event of conflict.

11         (8)  The authority shall appoint an executive director

12  who shall serve at the pleasure of the authority.  In addition

13  to the appointment of an executive director, the authority may

14  contract for all or part of such services with any third

15  party, including the clerk.

16         (9)  Each member of the Board of Supervisors shall

17  serve without compensation; however, supervisors shall receive

18  travel and per diem expenses as set forth in section 112.061,

19  Florida Statutes, when traveling on official business for the

20  authority.

21         (10)  A board member may be removed for cause by the

22  Governor.

23         Section 6.  POWERS AND DUTIES OF AUTHORITY.--The

24  authority shall have the following powers and duties, in

25  addition to and supplementing other powers granted in this act

26  and powers granted to authorities by general law:

27         (1)  To construct, install, erect, acquire, operate,

28  maintain, improve, extend, enlarge, or reconstruct a bridge,

29  causeway, and road system within the jurisdictional boundaries

30  of the authority and the environs thereof and to have the

31  exclusive control and jurisdiction thereof, to borrow money

                                  23

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    Florida Senate - 2000        (NP)                      SB 1820
    24-1122-00                                              See HB




  1  and issue bonds to pay all or part of the costs of such

  2  construction, reconstruction, erection, acquisition, or

  3  installation of such bridge, causeway, or road system or to

  4  refund any indebtedness of the authority.  All capital

  5  improvements shall be consistent with the comprehensive plan

  6  of the applicable local government within the meaning of part

  7  II of chapter 163, Florida Statutes.

  8         (2)  To regulate traffic and the use of the bridge and

  9  causeway system within the authority's boundaries.  This

10  traffic power shall be exercised concurrently with any power

11  inherent in Lee County or Charlotte County.  In the event of a

12  conflict, the more stringent rule shall apply.

13         (3)  To fix, modify, charge, and collect toll rates and

14  user fees from persons for the use of the bridge and causeway

15  system at such levels as the authority deems appropriate

16  regardless of the costs associated with the bridge and

17  causeway system; provided, however, in no event shall tolls

18  for automobiles exceed $5 per round trip for a period of 10

19  years after the effective date of this special act.  The

20  authority shall be subject to the provisions of section

21  338.165, Florida Statutes, authorizing the continuation of

22  tolls except that the authority may use any remaining toll

23  revenue after payments for debt service and the annual cost of

24  operation, maintenance, and improvement of the bridge and

25  causeway only for the purposes enumerated in this act.

26         (4)  To acquire in the name of the authority by

27  purchase or gift such lands and rights and interest therein,

28  including lands under water and riparian rights, and to

29  acquire such personal property as it may deem necessary in

30  connection with the construction, reconstruction, improvement,

31  extension, installation, erection, or operation and

                                  24

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    Florida Senate - 2000        (NP)                      SB 1820
    24-1122-00                                              See HB




  1  maintenance of the bridge, causeway, and road system and to

  2  hold and dispose of all real and personal property under its

  3  control.

  4         (5)  To exercise exclusive jurisdiction, control, and

  5  supervision over the bridge and causeway system, or any part

  6  thereof owned, operated, or maintained by the authority and to

  7  make and enforce such rules and regulations for the

  8  maintenance and operation of the system as may be, in the

  9  judgment of the authority, necessary or desirable for the

10  efficient operation of the system or improvements in

11  accomplishing the purposes of this law.

12         (6)  To restrain, enjoin, or otherwise prevent the

13  violation of this law or of any resolution, rule, or

14  regulation adopted pursuant to the powers granted by this law.

15         (7)  To join with any other districts, municipalities,

16  towns, or other political subdivisions, public agencies, or

17  authorities in the exercise of common powers.

18         (8)  To contract with other private or public entities

19  or persons to provide services to the authority and to receive

20  and accept from any federal or state agency grants or loans

21  for or in aid of the purposes of the authority.

22         (9)  To enter into interlocal agreements with any

23  municipality, county, district, or political subdivision for

24  any corporate purpose of the authority, including, but not

25  limited to, borrowing money for construction of improvements,

26  additions, or extension to the system.

27         (10)  To sue and be sued in the name of the authority,

28  and to do all acts and things necessary or convenient for the

29  conduct of its business and the general welfare of the

30  authority in order to carry out the powers and duties provided

31

                                  25

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    Florida Senate - 2000        (NP)                      SB 1820
    24-1122-00                                              See HB




  1  in this act or provided in any other law applicable to

  2  counties.

  3         (11)  The executive director of the authority shall

  4  have the responsibility for carrying out the policies of the

  5  Board of Supervisors of the authority and keeping and

  6  maintaining the seal and the records of the authority and for

  7  collecting, disbursing, investing, and maintaining the funds

  8  of the authority and such other responsibilities as the board

  9  may instruct said executive director to perform, provided that

10  the authority may contract all or part of such services with

11  any third party.

12         (12)  The authority shall comply with the provisions of

13  sections 189.415, 189.4155, 189.416, 189.417, and 189.418,

14  Florida Statutes, and other applicable provisions of general

15  law prescribed duties and responsibilities of special

16  districts.  The authority shall not be an agency for the

17  purposes of section 120.52(1), Florida Statutes.

18         (13)  The authority may assess and impose upon lands in

19  the district ad valorem taxes of no greater than 2 mills of

20  assessed value per year, as provided by this act and chapter

21  197, Florida Statutes.  The authority may only impose ad

22  valorem taxes if both of the following conditions are met:

23         (a)  Following a referendum in which a majority of the

24  electors of the district voting in the election approve of the

25  levy of ad valorem tax.

26         (b)  The authority determines that the bridge tolls

27  being collected may be insufficient to repair, replace, or

28  maintain the bridge and causeway.

29

30

31

                                  26

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    Florida Senate - 2000        (NP)                      SB 1820
    24-1122-00                                              See HB




  1  The authority may conduct a special election, if necessary, in

  2  order to seek voter approval of the ad valorem tax levy and

  3  tolls.

  4         (14)  The Board of Supervisors of the authority may

  5  seek from the Legislature amendments to this act from time to

  6  time as they deem necessary.  In addition, the Board of

  7  Supervisors of the authority may petition the Legislature for

  8  dissolution and abolition of the authority if they feel

  9  another unit of government could more properly exercise the

10  functions of the authority at that time.

11         (15)  To establish reserves for debt service

12  requirements and a reserve fund for replacement and repair of

13  the causeway and other contingencies.

14         (16)  To invest moneys in all investments which are

15  lawful under the laws of the state.

16         (17)  To do all acts necessary or convenient for the

17  establishment of the authority, the conduct of its business,

18  and the general welfare of the authority in order to carry out

19  the powers granted herein.

20         (18)  To pledge or otherwise encumber all or any part

21  of its gross receipts as security for its bonds.

22         (19)  To exercise the right and power of eminent

23  domain, pursuant to the provisions of chapters 73 and 74,

24  Florida Statutes, over any property within the boundaries of

25  the authority, except municipal, county, state, federal, or

26  other public property for the uses and purposes of the

27  authority relating to the implementation of its powers as

28  described herein; provided such right shall only be exercised

29  over lands contiguous to or adjacent to the lands described as

30  Parcel I or Parcel II in section 2 or such other lands that

31

                                  27

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    Florida Senate - 2000        (NP)                      SB 1820
    24-1122-00                                              See HB




  1  might be needed for the replacement or reconstruction of the

  2  bridge and causeway system.

  3         (20)  To impose and foreclose tax liens as provided by

  4  this act and chapter 197, Florida Statutes.

  5         Section 7.  BONDS.--

  6         (1)  The authority may, from time to time, issue bonds

  7  to pay the costs and expenses, other than operating expenses,

  8  incurred in carrying out the purposes of this act or to refund

  9  revenue bonds of the authority issued pursuant to this act.

10  In anticipation of the sale of such bonds, the authority may

11  issue bond anticipation notes and may renew the same from time

12  to time.  Such notes may be paid from the revenues derived by

13  the authority from the proceeds of sale of the bonds of the

14  authority in anticipation of which they were issued or from

15  such other source as shall be determined by the authority.

16  The notes shall be issued in the same manner as the bonds.

17  Bonds and notes shall be, and shall be deemed to be, for all

18  purposes, negotiable instruments, subject only to the

19  provisions of the bonds and notes for registration.

20         (2)  The bonds may be issued as serial bonds or as term

21  bonds or the authority, in its discretion, may issue bonds of

22  both types.  The authority may issue capital appreciation

23  bonds or variable rate bonds.  The bonds shall be authorized

24  by resolution of the authority and shall bear such date or

25  dates, mature at such time or times, not exceeding 40 years

26  from their respective dates, bear interest at such rate or

27  rates, be payable at such time or times, be in such

28  denomination, be in such form, carry such registration

29  privileges, be executed in such manner, be payable from such

30  sources and in such medium or payment and at such place or

31  places, and be subject to such terms of redemption, including

                                  28

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    Florida Senate - 2000        (NP)                      SB 1820
    24-1122-00                                              See HB




  1  redemption prior to maturity, as such resolution or

  2  resolutions may provide.  If any officer whose signature, or a

  3  facsimile of whose signature, appears on any bonds or coupons

  4  ceases to be such officer before the delivery of such bonds,

  5  such signature or facsimile shall nevertheless be valid and

  6  sufficient for all purposes as if he or she had remained in

  7  office until the delivery.  The bonds or notes may be sold at

  8  public or private sale for such price or prices as the

  9  authority shall determine.  Pending preparation of the

10  definitive bonds, the authority may issue interim receipts or

11  certificates which shall be exchanged for such definitive

12  bonds.  The bonds may be secured by such form of credit

13  enhancement, if any, as the authority deems appropriate.  The

14  bonds may be secured by an indenture of trust or trust

15  agreement.

16         (3)  The bonds may be validated, at the direction of

17  the authority, pursuant to chapter 75, Florida Statutes.

18  Section 75.04(2), Florida Statutes, shall not apply to a

19  complaint for validation brought by the authority.

20         Section 8.  PLEDGE OF REVENUES.--The proceeds of all

21  bonds or other obligations issued under this law and all

22  revenues derived from other operation of the system which have

23  been pledged for the payment of any bonds or other obligations

24  authorized by this law shall be applied only in accordance

25  with the proceedings authorizing the issuance of any such

26  bonds or other obligations.  The authority may provide that

27  the moneys or the funds and accounts established by the

28  proceedings authorizing issuance of any revenue bonds shall be

29  subject to the lien of the pledge established by the

30  proceedings without any physical delivery thereof and the lien

31  of the pledge shall be valid and binding as against all

                                  29

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    Florida Senate - 2000        (NP)                      SB 1820
    24-1122-00                                              See HB




  1  parties bringing claims of any kind in tort, contract, or

  2  otherwise against the authority.

  3         Section 9.  COVENANTS OF AUTHORITY WITH

  4  BONDHOLDERS.--In addition to other provisions and requirements

  5  of this law, any resolution authorizing the issuance of bonds

  6  or any other obligations issued hereunder may contain

  7  provisions and the authority is authorized to provide and may

  8  covenant and agree with the several holders of such bonds or

  9  other obligations as to:

10         (1)  Limitations on the powers of the authority to

11  construct, acquire, or operate or permit the construction,

12  acquisition, or operation of any structures, facilities, or

13  properties which may compete or tend to compete with the

14  system.

15         (2)  Subject to this law, the manner and order of

16  priority of the disposition of revenues or redemption of any

17  bonds or other obligations.

18         (3)  Terms and conditions for modification or amendment

19  of the resolution authorizing the issuance of bonds or other

20  obligations.

21         (4)  Provisions as to the appointment of a receiver of

22  the system on default of principal or interest on any such

23  bonds or other obligations or the breach of any covenant or

24  condition of the resolution authorizing such bonds or other

25  obligations.

26         (5)  Provisions as to the maintenance of the system and

27  reasonable insurance thereof.

28         (6)  Any other matters necessary to secure the bonds

29  and the payment of the principal and interest thereof.

30         (7)  All such provisions of the resolution shall

31  constitute valid and legally binding contracts between the

                                  30

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    Florida Senate - 2000        (NP)                      SB 1820
    24-1122-00                                              See HB




  1  authority and several holders of any such bonds and shall be

  2  enforceable by any such holder or holders by mandamus or other

  3  appropriate action, suit, or proceeding in law or in equity in

  4  any court of competent jurisdiction.

  5         Section 10.  PUBLICATION OF NOTICE OF ISSUANCE OF

  6  BONDS.--Prior to the issuance of bonds or other obligations,

  7  the authority may, in its discretion, publish a notice at

  8  least once in a newspaper or newspapers published and

  9  circulated in Charlotte and Lee Counties stating the date of

10  adoption of the resolution authorizing such obligations, and

11  the amount, maximum rate of interest, and maturity of such

12  obligations and the purpose in general terms for which such

13  obligations are to be issued.

14         Section 11.  BOND; QUALITIES OR NEGOTIABLE INSTRUMENTS;

15  RIGHTS OF HOLDERS.--All bonds issued hereunder shall not be

16  invalid for any irregularity or defect in the proceedings for

17  the issuance and sale thereof and shall be incontestable in

18  the hands of a bona fide purchaser for value.  No proceedings

19  in respect to the issuance of such bonds shall be necessary

20  except such as are required by this act, by section 189.4085,

21  Florida Statutes, and by section 189.408, Florida Statutes.

22  The provisions of this act shall constitute an irrevocable

23  contract between the authority and the holders of any such

24  bonds or coupons thereof issued pursuant to the provisions

25  hereof.  Any holder of such bonds may either at law or in

26  equity, by suit, action, or mandamus, enforce and compel the

27  performance of the duties required by this act or of any of

28  the officers or persons herein mentioned in relation to said

29  bonds, or the levy, collection, and enforcement and

30  application of the revenues, or other funds pledged for the

31  payment of the principal and interest thereof.

                                  31

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    Florida Senate - 2000        (NP)                      SB 1820
    24-1122-00                                              See HB




  1         Section 12.  BUDGET; REPORTS AND REVIEW.--

  2         (1)  The authority shall provide financial reports in

  3  such form and in such manner as prescribed pursuant to this

  4  act, chapter 218, and sections 189.418 and 11.45, Florida

  5  Statutes.

  6         (2)  The fiscal year for the authority shall commence

  7  on July 1 of each calendar year and shall conclude on June 30

  8  of each calendar year.  On or before June 1, the executive

  9  director shall prepare a proposed budget for the ensuing

10  fiscal year to be submitted to the board for board approval.

11  The proposed budget shall include, at the direction of the

12  board, an estimate of all necessary expenditures of the

13  authority for the ensuing fiscal year and an estimate of

14  income to the authority from all sources of revenue provided

15  in this act.  The board shall consider the proposed budget and

16  may either approve the budget as proposed by the manager or

17  modify the same in part or in whole.

18         (3)  The board shall cause to be made at least once a

19  year a comprehensive report of its system, including all

20  matters relating to expansions, acquisitions, rates, revenues,

21  expenses of maintenance, repair, and operation of the renewals

22  and capital replacements, principal and interest requirements,

23  and the status of all funds and accounts. Copies of such

24  reports shall be filed with the clerk and shall be open to

25  public inspection.  The report shall be known as the annual

26  audit report and shall be issued by a certified public

27  accountant appointed by the board.  The annual audit report

28  may be included as a part of any other report required by law

29  or may be issued separately.

30         Section 13.  AUTHORITY BONDS AS INVESTMENTS FOR PUBLIC

31  BODIES.--All bonds issued pursuant to this act shall be and

                                  32

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    Florida Senate - 2000        (NP)                      SB 1820
    24-1122-00                                              See HB




  1  constitute legal investments for state, county, municipal, and

  2  all other public funds and for banks, savings banks, insurance

  3  companies, executors, administrators, trustees, and all other

  4  fiduciaries and shall also be and constitute securities

  5  eligible as collateral security for all state, county,

  6  municipal, or other public funds, subject to the restrictions

  7  and limitations of chapters 18, 136, 237, 518, 655, 657, 658,

  8  and 660 through 665, Florida Statutes.

  9         Section 14.  BONDS AS PAYMENT FOR SERVICES.--The

10  authority is authorized to enter into agreements for the

11  delivery of any bonds at one time or from time to time, as

12  full or partial payment for the services of any engineer or

13  work done by any contractor who may have been retained or

14  hired or been awarded a contract for the construction of all

15  or any part of the system.  However, any such bonds so

16  delivered for payment of such services or work performed shall

17  have been authorized and issued in the manner provided in this

18  act and shall otherwise conform to the provisions hereof.

19         Section 15.  CONTRACTS FOR CONSTRUCTION OF

20  IMPROVEMENTS; SEALED BIDS.--All contracts let, awarded, or

21  entered into by the authority for the construction,

22  reconstruction, or improvements to the system or any part

23  thereof, if the amount thereof shall exceed $20,000, except

24  for emergency repairs, shall be awarded only after public

25  advertisement and call for sealed bids therefor, in a

26  newspaper published and circulated in Lee and Charlotte

27  Counties, such advertisement to be published at least once at

28  least 3 weeks before the date set for the receipt of such

29  bids.  Such advertisements for bids, in addition to the other

30  necessary and pertinent matters, shall state in general terms,

31  the nature and description of the improvement or improvements

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    Florida Senate - 2000        (NP)                      SB 1820
    24-1122-00                                              See HB




  1  to be undertaken and shall state that detailed plans and

  2  specifications for such work are on file for inspection in the

  3  office of the authority and copies thereof shall be furnished

  4  to any interested party upon payment of reasonable charges to

  5  reimburse the authority for its expenses in providing such

  6  copies.  The award shall be made to the responsible and

  7  competent bidder or bidders who shall offer to undertake the

  8  improvements at the lowest costs to the authority and such

  9  bidder or bidders shall be required to file bond for the full

10  and faithful performance of such work and the execution of any

11  such contract in such amount as the authority shall determine,

12  and in all other respects the letting of such construction

13  contracts shall comply with applicable provisions of the

14  general laws relating to the letting of public contracts.  All

15  purchases or expenditures of supplies, materials, and

16  equipment in excess of $10,000 shall be made from the best of

17  bids which are timely submitted.  Nothing in this section

18  shall be deemed to prevent the authority from hiring or

19  retaining such engineers, attorneys, financial experts, or

20  other technicians as it shall determine, in its discretion, or

21  from undertaking any construction work with its own resources,

22  without any such public advertisement.

23         Section 16.  CONVEYANCE OF PROPERTY WITHOUT

24  CONSIDERATION.--Any municipality, political subdivision,

25  agency, or authority shall be authorized to sell, lease,

26  grant, or convey any real or personal property to the

27  authority and any such sale, grant, lease, or conveyance may

28  be made without formal consideration.

29         Section 17.  PRIVILEGES, IMMUNITIES, AND

30  EXEMPTIONS.--The authority shall have all privileges,

31  immunities, and exemptions accorded political subdivisions of

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    Florida Senate - 2000        (NP)                      SB 1820
    24-1122-00                                              See HB




  1  this state under the provisions of the constitution and laws

  2  of the state.  Neither the members of the authority nor any

  3  person executing any contract or obligation on its behalf

  4  shall be personally liable or accountable thereon or by reason

  5  thereof.

  6         Section 18.  EXEMPTION FROM SPECIAL ASSESSMENTS.--The

  7  accomplishment of the authorized purposes of the authority

  8  created hereunder is, shall, and will be in all respects for

  9  the benefit of the people of the state for the increase of

10  their commerce and prosperity and for the improvement of their

11  health and living conditions.  Since the authority will

12  perform essential governmental functions in accomplishing such

13  purpose, the authority shall not be required to pay any taxes

14  or assessments of any kind or nature whatsoever upon any

15  property acquired or used by it for such purposes or upon any

16  revenues at any time received by it.

17         Section 19.  TAX DELINQUENCY, PENALTIES, AND

18  ENFORCEMENT OF TAXES.--All taxes provided for in this act

19  shall be and become delinquent and bear penalties on the

20  amount of said taxes in the same manner as county taxes.  Said

21  tax shall be a lien until paid on the property against which

22  assessed and enforceable in like manner as county taxes.  The

23  collection and enforcement of all taxes levied by the

24  authority shall be at the same time and in like manner as

25  county taxes and the provisions of the Florida Statutes

26  relating to the sale of lands for unpaid and delinquent county

27  taxes, the issuance, sale, and delivery of tax certificates

28  for such unpaid and delinquent county taxes, the redemption

29  thereof, the issuance to individuals of tax deeds based

30  thereon, and all other procedures connected therewith, shall

31  be applicable to the authority and the delinquent and unpaid

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    Florida Senate - 2000        (NP)                      SB 1820
    24-1122-00                                              See HB




  1  taxes of the district to the same extent as if said statutory

  2  provisions were expressly set forth in this act.  All taxes

  3  shall be subject to the same discounts as county taxes.

  4         Section 20.  LIENS.--All taxes provided for in this

  5  act, together with all penalties for default in payment of the

  6  same and all costs in collecting the same, shall, from the

  7  date of assessment thereof until paid, constitute a lien of

  8  equal dignity with the liens for county taxes, and other taxes

  9  of equal dignity with county taxes, upon all the lands against

10  which such assessments shall be levied, assessed, and

11  collected.

12         Section 21.  AUTHORITY DECISIONS REQUIRING MAJORITY

13  VOTE.--Notwithstanding any other provisions of this act,

14  decisions of the authority dealing with the following matters

15  may only be made if approved by at least three voting members

16  of the authority:

17         (1)  Changes to toll structure.

18         (2)  Entering into financing arrangements involving a

19  pledge of assets, toll revenues, or any ad valorem tax

20  revenues.

21         (3)  Utilization of eminent domain provisions.

22         (4)  Approval of a plan to hold an ad valorem taxing

23  authorization referendum.

24         (5)  Approval of any plan to seek legislative changes

25  to this act.

26         Section 22.  INTERLOCAL COOPERATION.--For purposes of

27  implementing the powers and authority of the authority and

28  assuring adequate funding for the construction, maintenance,

29  and operation of infrastructure, and to ensure the security

30  for any bonds issued by the authority remains unimpaired, said

31  authority is empowered to enter into interlocal agreements

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    Florida Senate - 2000        (NP)                      SB 1820
    24-1122-00                                              See HB




  1  pursuant to chapter 163, Florida Statutes, to exercise jointly

  2  with any other public agency of the state or Federal

  3  Government any power, privilege, or authority which such

  4  agencies or the district might exercise jointly.

  5         Section 23.  PROPERTY APPRAISER, TAX COLLECTOR, FEES,

  6  OR COMMISSIONS.--The offices of the Lee County or Charlotte

  7  County Property Appraiser and Tax Collector shall be entitled

  8  to applicable fees and costs for the levy and collection of ad

  9  valorem taxes and non-ad valorem assessments pursuant to ss.

10  197.3632 and 192.091, Florida Statutes.

11         Section 3.  Chapters 96-507 and 97-319, Laws of

12  Florida, are repealed.

13         Section 4.  The provisions of this act shall be

14  liberally construed to effect its purposes and shall be deemed

15  cumulative, supplemental, and alternative authority for the

16  exercise of the powers provided herein.  The exercise of

17  powers provided in this law and the issuance of bonds or other

18  obligations hereunder shall be subject to the limitations or

19  provisions of any other applicable general law.

20         Section 5.  If any section, sentence, clause, phrase,

21  or word of this act is for any reason held or declared to be

22  unconstitutional, inoperative, or void, such holding or

23  invalidity shall not affect the remaining portions of this

24  act, and it shall be construed to have been the legislative

25  intent to pass this act without such unconstitutional,

26  invalid, or inoperative part herein, and the remainder of this

27  act, after the exclusion of such part or parts, shall be

28  deemed and held to be valid as if such parts had not been

29  included herein.

30         Section 6.  This act shall take effect upon becoming a

31  law.

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