House Bill 1843

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







    Florida House of Representatives - 2000                HB 1843

        By Representative Kilmer






  1                      A bill to be entitled

  2         An act relating to Port St. Joe Port Authority,

  3         Gulf County; providing for the codification of

  4         special acts relating to the Port St. Joe Port

  5         Authority; providing legislative intent;

  6         codifying, reenacting, amending, and repealing

  7         chapter 30787 (1955) and chapter 78-514, Laws

  8         of Florida; providing for governance,

  9         employees, powers, and finance of the Port St.

10         Joe Port Authority; providing for repeal of

11         prior special acts related to the Port St. Joe

12         Port Authority; providing for severability;

13         providing for control in the event of conflict

14         of provisions; providing minimum charter

15         requirements; providing an effective date.

16

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

18

19         Section 1.  Pursuant to section 189.429, Florida

20  Statutes, this act constitutes the codification of all special

21  acts relating to the Port St. Joe Port Authority.  It is the

22  intent of the Legislature in enacting this law to provide a

23  single, comprehensive special act charter for the district,

24  including all current legislative authority granted by its

25  several legislative enactments and any additional authority

26  granted by this act.  It is further the intent of this act to

27  preserve all district authority.

28         Section 2.  Chapter 30787, Laws of Florida, 1955; and

29  chapter 78-514, Laws of Florida, relating to Port St. Joe Port

30  Authority, are codified, reenacted, amended, and repealed as

31  herein provided.

                                  1

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






    Florida House of Representatives - 2000                HB 1843

    718-118A-00






  1         Section 3.  The Port St. Joe Port Authority is

  2  re-created and the charter is re-created and reenacted to

  3  read:

  4         Section 1.  Creation.--There is hereby created a body

  5  corporate to be known as the Port St. Joe Port Authority with

  6  the corporate powers to sue and be sued and with the

  7  additional powers specified herein. Said authority shall be a

  8  public agency for the development of commerce and the port.

  9         Section 2.  Governing Body.--The Port St. Joe Port

10  Authority shall consist of five (5) commissioners who shall

11  constitute said authority. The said five (5) members shall be

12  appointed by the Governor, from the date this act becomes a

13  law, the first appointments shall be three (3) for four (4)

14  years and two (2) for two (2) years. Thereafter all

15  appointments shall be for a term of four (4) years from the

16  expiration of the previous term and all vacancies shall be

17  filled by the Governor for the unexpired term. No commissioner

18  shall be an officer or employee of the City of Port St. Joe,

19  Florida, the County of Gulf, or the State of Florida,

20  excepting members of the militia or notaries public. No more

21  than two (2) of the commissioners shall be persons who are

22  primarily engaged in the maritime business, and no person

23  shall be eligible for appointment as commissioner except

24  freeholders of the City of Port St. Joe or Gulf County,

25  Florida. The commissioners constituting the Port St. Joe Port

26  Authority shall select one (1) of their members as chair and

27  the term of office of the chair shall be two (2) years from

28  the date of his or her selection. The commissioners shall

29  receive no compensation for their services but the authority

30  is hereby allowed travel and other expenses which shall be

31  paid as other expenses. Three (3) commissioners shall

                                  2

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






    Florida House of Representatives - 2000                HB 1843

    718-118A-00






  1  constitute a quorum for the purpose of conducting business,

  2  exercising its powers, and for all other purposes.

  3         Section 3.  Employees.--The Port St. Joe Port Authority

  4  is hereby empowered to employ an executive director of the

  5  authority whose compensation shall be fixed by resolution of

  6  the commissioners of said authority. And the said authority is

  7  empowered to employ its own counsel, secretary, technical

  8  experts, and such other employees, permanent and temporary, as

  9  it may require, and it is empowered to determine the

10  qualifications, duties, and compensation of such employees.

11  None of the said employees shall be covered by any civil

12  service laws now or hereafter in effect with respect to

13  employees of the City of Port St. Joe or Gulf County.

14         Section 4.  Powers.--The Port St. Joe Port Authority,

15  as hereby created, is hereby authorized and empowered:

16         (1)  To own and acquire property or facilities by

17  purchase, lease, easement, eminent domain, gift, or transfer

18  from the City of Port St. Joe or from Gulf County, the United

19  States of America, the State of Florida, any agencies thereof,

20  corporations, or individuals,

21         (2)  To acquire, construct, maintain, and operate: port

22  terminal facilities; warehouses; wharves; docks; drydocks;

23  quays; yacht basins; bridges; ship basins; breakwaters;

24  foundation for shipways; fitting out docks; shipyards; marine

25  railways; railroads; repair shops; loading and unloading,

26  packaging and refrigeration facilities; and all other harbor,

27  port, commercial, and industrial improvements and facilities,

28         (3)  To enter into contracts or leases with

29  individuals, corporations, any municipality, the State of

30  Florida, and the United States of America, or any other public

31

                                  3

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






    Florida House of Representatives - 2000                HB 1843

    718-118A-00






  1  body to operate facilities owned or leased by said port

  2  authority,

  3         (4)  To enter into contracts for furthering the

  4  business, operation, and maintenance of shipping facilities

  5  and harbor and port improvements within Gulf County.

  6         Section 5.  Finance.--Within the limits of its budget

  7  from time to time, made, the Port St. Joe Port Authority is

  8  hereby authorized to borrow money and issue bonds, notes, and

  9  evidences of indebtedness therefor. Said Authority is hereby

10  authorized for the purpose of acquiring, operating,

11  maintaining, paying for, and improving property or facilities,

12  to raise monies by the issuance and sale of revenue bonds or

13  certificates of indebtedness in such amounts and forms and

14  with such provisions, in such denominations and having such

15  maturities and bearing such rates of interest as said

16  authority deems advisable and payable solely from and secured

17  by pledge of all or any part of the income, rents, and

18  revenues of any property or facilities now or hereafter owned,

19  leased, or operated by said authority, or by the levying of

20  non-ad valorem assessments or fees against benefited property.

21  Said authority may validate its revenue bonds or certificates

22  of indebtedness and its other obligations in the same manner

23  as is now provided by law for the validation of the

24  obligations of counties, municipalities, and other public

25  agencies.

26         Section 6.  Limitation of Powers.--The Port St. Joe

27  Port Authority, as hereby created, shall have no power or

28  authority to bind or commit the City of Port St. Joe, a

29  municipal corporation, or Gulf County, in any manner, directly

30  or indirectly; and the said City of Port St. Joe or Gulf

31  County shall not be liable or responsible in any manner for

                                  4

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






    Florida House of Representatives - 2000                HB 1843

    718-118A-00






  1  any of the debts, liabilities, obligations, acts, or omissions

  2  of the Port St. Joe Port Authority or any of its officers or

  3  employees. All persons dealing with the said authority are

  4  hereby charged with full notice of this limitation and its

  5  powers.

  6         Section 7.  Appropriations from City of Port St. Joe

  7  and Gulf County.--The City of Port St. Joe and also Gulf

  8  County are empowered to appropriate and contribute to the Port

  9  St. Joe Port Authority such sums of money for the operation

10  expenses of the said authority as the commission of the said

11  city and the county commission may from year to year determine

12  through the city's and county's budgets. Such sums of money as

13  are so appropriated and contributed by the City of Port St.

14  Joe and Gulf County shall be paid to the Port St. Joe Port

15  Authority upon its requisition signed by the chair and any two

16  (2) other members thereof. The County Commission of Gulf

17  County may pledge the second gas tax or may levy a millage and

18  the City of Port St. Joe may levy a millage to finance said

19  Port St. Joe Port Authority.

20         Section 8.  Minimum Charter Requirements.--

21         (1)  The Authority is organized and exists for all

22  purposes set forth in this Act and applicable general laws as

23  they may be amended from time to time.

24         (2)  The powers, functions, and duties of the Authority

25  regarding bond issuance, other revenue-raising capabilities,

26  budget preparation and approval, and contractual agreements

27  shall be as set forth in this Act, chapters 189 or 197,

28  Florida Statutes, or any other applicable general laws, as

29  they may be amended from time to time.

30

31

                                  5

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






    Florida House of Representatives - 2000                HB 1843

    718-118A-00






  1         (3)  The Authority was created by special act of the

  2  Florida Legislature by chapter 30787, Laws of Florida, 1955,

  3  as amended.

  4         (4)  The Authority's charter may be amended only by

  5  special act of the Legislature.

  6         (5)  In accordance with this Act, the Authority is

  7  governed by a five-member board, appointed by the Governor.

  8         (6)  The compensation of board members shall be

  9  governed by this Act and applicable general law as amended

10  from time to time.

11         (7)  The administrative duties of the Board of

12  Supervisors shall be as set forth in this Act.

13         (8)  Requirements for financial disclosure, meeting

14  notices, reporting, public records maintenance, and per-diem

15  expenses for officers and employees shall be as set forth in

16  chapters 112, 189, and 286, Florida Statutes, as they may be

17  amended from time to time.

18         (9)  The District may be financed by any method

19  established in this Act, and applicable general laws, as they

20  may be amended from time to time.

21         (10)  The methods for collecting non-ad valorem

22  assessments, fees, or service charges shall be as set forth in

23  chapter 197, Florida Statutes, and other applicable general

24  laws, as they may be amended from time to time.

25         (11)  The District's planning requirements shall be as

26  set forth in this Act.

27         (12)  The District's geographic boundary limitations

28  shall be the same as those of Gulf County.

29         Section 4.  Chapter 30787, Laws of Florida, 1955, and

30  chapter 78-514, Laws of Florida, are repealed 10 days after

31  the effective date of this act.

                                  6

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






    Florida House of Representatives - 2000                HB 1843

    718-118A-00






  1         Section 5.  In the event any section or provision of

  2  this act is determined to be invalid or unenforceable, such

  3  determination shall not affect the validity of or

  4  enforceability of each other section and provision of this

  5  act.

  6         Section 6.  In the event of a conflict of the

  7  provisions of this act with the provisions of any other act

  8  the provisions of this act shall control to the extent of such

  9  conflict.

10         Section 7.  This act shall take effect upon becoming a

11  law.

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  7