House Bill hb1221

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    Florida House of Representatives - 2001                HB 1221

        By Representative Cantens






  1                      A bill to be entitled

  2         An act relating to water resources; amending s.

  3         373.083, F.S.; authorizing water management

  4         districts to solicit donations; amending s.

  5         373.085, F.S.; authorizing water management

  6         districts to establish permit durations for

  7         works connecting to or using the works or land

  8         of the district; amending s. 373.093, F.S.;

  9         authorizing water management districts to lease

10         certain personal property; creating s. 373.608,

11         F.S.; authorizing water management districts to

12         obtain and enforce patents, copyrights, and

13         trademarks on work products of the district;

14         providing for rules; creating s. 373.610, F.S.;

15         authorizing water management districts to

16         suspend contractors who have defaulted on

17         contracts; providing procedure; providing for

18         rules; creating s. 373.611, F.S.; authorizing

19         water management districts to enter into

20         contracts to limit or alter the measure of

21         damages recoverable from a vendor; providing an

22         effective date.

23

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

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26         Section 1.  Subsection (4) of section 373.083, Florida

27  Statutes, is amended to read:

28         373.083  General powers and duties of the governing

29  board.--In addition to other powers and duties allowed it by

30  law, the governing board is authorized to:

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    Florida House of Representatives - 2001                HB 1221

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  1         (4)  Solicit and accept donations or grants of funds or

  2  services from both public and private sources for the planning

  3  and implementation of district undertakings and delegations,

  4  including, but not limited to, projects, programs, works, and

  5  studies.

  6         Section 2.  Subsection (1) of section 373.085, Florida

  7  Statutes, is amended to read:

  8         373.085  Use of works or land by other districts or

  9  private persons.--

10         (1)  The governing board has authority to prescribe the

11  manner in which local works provided by other districts or by

12  private persons will connect with and make use of the works or

13  land of the district, to issue permits therefor and to

14  establish the duration of such permits, and to cancel the

15  permits for noncompliance with the conditions thereof or for

16  other cause.  It is unlawful to connect with or make use of

17  the works or land of the district without consent in writing

18  from its governing board, and the board has authority to

19  prevent or, if done, estop or terminate the same. The use of

20  the works or land of the district for access is governed by

21  this section and is not subject to the provisions of s.

22  704.01. However, any land or works of the district which have

23  historically been used for public access to the ocean by means

24  of the North New River Canal and its tributaries may not be

25  closed for this purpose unless the district can demonstrate

26  that significant harm to the resource would result from such

27  public use.

28         Section 3.  Subsection (4) of section 373.093, Florida

29  Statutes, is created to read:

30         373.093  Lease of lands or interest in land and

31  personal property.--The governing board of the district may

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    Florida House of Representatives - 2001                HB 1221

    702-144-01






  1  lease any lands or interest in land, including but not limited

  2  to oil and mineral rights, to which the district has acquired

  3  title, or to which it may hereafter acquire title in the

  4  following manner, as long as the lease is consistent with the

  5  purposes for which the lands or any interest in land was

  6  acquired:

  7         (4)  The governing board of the district may lease

  8  existing communications towers and other similar structures

  9  which the district owns or which it may hereafter acquire, for

10  the best price and terms obtainable, to be determined by the

11  board.

12         Section 4.  Section 373.608, Florida Statutes, is

13  created to read:

14         373.608  Patents, copyrights, and trademarks.--Each

15  district may, in its own name:

16         (1)  Perform all things necessary to secure letters of

17  patent, copyrights, and trademarks on any work products of the

18  district and enforce its rights therein. Each district shall

19  consider contributions by district personnel in the

20  development of trademarks, copyrights, and patents and shall

21  enter into written contracts with such personnel in each

22  trademark, copyright, or patent.

23         (2)  License, lease, assign, or otherwise give written

24  consent to any person, firm, or corporation for the

25  manufacture or use of such district work products, on a

26  royalty basis or for such other consideration as the

27  applicable governing board shall deem proper.

28         (3)  Take any action necessary, including legal action,

29  to protect such district work products against improper or

30  unlawful use or infringement.

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    Florida House of Representatives - 2001                HB 1221

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  1         (4)  Enforce the collection of any sums due to the

  2  district for the manufacture or use of such district work

  3  products by other party.

  4         (5)  Sell any of such district work products and

  5  execute all instruments necessary to consummate any such sale.

  6         (6)  Do all other acts necessary and proper for the

  7  execution of powers and duties conferred upon the districts by

  8  this section, including adopting rules, as necessary, in order

  9  to administer this section.

10         Section 5.  Section 373.610, Florida Statutes, is

11  created to read:

12         373.610  Defaulting vendors and contractors.--The

13  district may suspend a contractor from doing work with the

14  district when the contractor has materially breached its

15  contract with the district. The district shall provide written

16  notice to the defaulting contractor and afford the contractor

17  a minimum period of 10 days to correct its deficiency. If a

18  contractor does not correct the deficiency within the required

19  time, the district shall find the contractor in default and

20  suspend the contractor from doing business with the district.

21  A contractor shall be afforded the right to petition for an

22  administrative hearing on the district's intended decision to

23  suspend it from doing business with the district, pursuant to

24  s. 120.57. The district shall adopt rules to administer the

25  provisions of this section and shall have the authority to

26  amend any such rules as it deems appropriate.

27         Section 6.  Section 373.611, Florida Statutes, is

28  created to read:

29         373.611  Modification or limitation of remedy.--In

30  order to promote the cost-effective procurement of commodities

31  and contractual services by the water management districts, a

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    Florida House of Representatives - 2001                HB 1221

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  1  district may enter into contracts to limit or alter the

  2  measure of damages recoverable from a vendor consistent with

  3  the provisions contained in s. 672.719.

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

  5  law.

  6

  7            *****************************************

  8                          HOUSE SUMMARY

  9
      Authorizes the water management districts to: solicit
10    donations from public and private sources; establish the
      duration of permits issued for works connecting to or
11    using the works or land of the district; lease
      communication towers or similar structures owned by the
12    district; obtain and enforce patents, copyrights, and
      trademarks on work products of the district; suspend
13    contractors who have defaulted on contracts with the
      district; and enter into contracts to limit or alter the
14    measure of damages recoverable from a vendor. Provides
      authority to adopt rules.
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