House Bill hb1897

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    Florida House of Representatives - 2001                HB 1897

        By Representatives Melvin, Miller and Brown






  1                      A bill to be entitled

  2         An act relating to Okaloosa County; amending

  3         ch. 90-412, Laws of Florida; changing the name

  4         of the Fort Walton Beach Area Bridge Authority

  5         to the Emerald Coast Bridge Authority; reducing

  6         the number of members of the authority from

  7         seven to five; amending the method of

  8         appointment of members of the authority;

  9         changing the date by which the authority shall

10         prepare and submit a budget; requiring the

11         board of county commissioners to examine the

12         budget in good faith; providing an effective

13         date.

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

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17         Section 1.  Section 1 of chapter 90-412, Laws of

18  Florida, is amended to read:

19         Section 1.  Purpose.--There is hereby created in

20  Okaloosa County a dependent special district, to be known as

21  the Emerald Coast Fort Walton Beach Area Bridge Authority, for

22  the purpose of planning, constructing, operating, and

23  maintaining a bridge or bridges transversing Choctawhatchee

24  Bay or Santa Rosa Sound, or both, and access roads to the

25  bridge or bridges.

26         Section 2.  Section 2 of chapter 90-412, Laws of

27  Florida, is amended to read:

28         Section 2.  Definitions.--As used in this act, the

29  term:

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  1         (1)  "Authority" means the Emerald Coast Fort Walton

  2  Beach Area Bridge Authority created pursuant to section 1 of

  3  this act.

  4         (2)  "Bonds" means bonds, debentures, notes,

  5  certificates of indebtedness, mortgage certificates, or other

  6  obligations or evidences of indebtedness of any type or

  7  character.

  8         (3)  "Revenue bonds" means obligations of the authority

  9  which are payable from revenue derived from sources other than

10  ad valorem taxes on real or tangible personal property and

11  which do not pledge the property, credit, or general tax

12  revenue of the authority.

13         (4)  "Refunding bonds" means bonds issued to refinance

14  outstanding bonds of any type and the interest and redemption

15  premium thereon.  Refunding bonds are issuable and payable in

16  the same manner as the refinanced bonds, except that approval

17  by the electorate is not required unless required by the State

18  Constitution.

19         (5)  "System" means the bridge or bridges transversing

20  the Santa Rosa Sound or the Choctawhatchee Bay to be

21  constructed pursuant to this act, together with all additions,

22  improvements, connections, extensions, approaches, streets,

23  roads, avenues of access, and transportation facilities

24  appurtenant to the bridge or bridges.

25         Section 3.  Section 3 of chapter 90-412, Laws of

26  Florida, is amended to read:

27         Section 3.  Membership; terms of office; officers;

28  quorum; meetings; removal.--

29         (1)  The authority consists of five seven members.  Not

30  fewer than three four of the members must be residents of the

31  area extending west from East Pass Bridge to the boundary line

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  1  between Santa Rosa County and Okaloosa County, and north to

  2  the Eglin Reservation.

  3         (2)  The Governor shall appoint three members of the

  4  authority, and the Board of County Commissioners of Okaloosa

  5  County shall appoint four members of the authority by majority

  6  vote of the board.  With respect to the initial appointments

  7  to the authority, the Governor shall appoint one member to a

  8  1-year term, and two members to 4-year terms, and the board of

  9  county commissioners shall appoint two members to 2-year

10  terms, one member to a 3-year term, and one member two members

11  to a 4-year term terms.  The initial appointments must be made

12  within 3 months after the effective date of this act.  Upon

13  expiration of an initial term of office, the term of office

14  for the successor to that office is 4 years.  Each term

15  expires on June 30 in the year of expiration of the term.

16         (3)  The district engineer for the district of the

17  Department of Transportation in which Okaloosa County is

18  located is an ex officio member of the authority but has no

19  voting privileges.

20         (4)(a)  Except as provided in paragraph (b), any

21  vacancy in office must be filled by the Governor or the Board

22  of County Commissioners of Okaloosa County, as appropriate,

23  for the balance of the term.  In such cases, the appointment

24  must be made by the appropriate entity not later than 30 days

25  after the office becomes vacant.

26         (b)  If a member of the authority becomes a

27  constitutional officer of a county, the member ceases to be a

28  member of the authority as of such time, and the Governor

29  shall appoint another member to serve the remaining term of

30  office.  A resignation from the constitutional office does not

31  operate to restore such person to membership on the authority.

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  1         (5)  A member may be removed by the Governor, but only

  2  for grounds constituting misfeasance, neglect of duty,

  3  incompetence, permanent inability to perform official duties,

  4  or commission of a felony. The unexcused failure to attend

  5  three consecutive regular meetings of the authority is deemed

  6  neglect of duty, without limiting the meaning of that term.

  7         (6)  A person who has transacted business with the

  8  authority is not eligible for appointment to the authority

  9  until 3 years after the last transaction of business with the

10  authority.  A person who has served on the authority is not

11  eligible to transact business with the authority until 3 years

12  after his or her last date of service on the authority.  Such

13  transactions include transactions either for oneself or as an

14  employee of, agent for, or consultant to any other person or

15  legal entity.

16         (7)  A chairman, vice chairman, and secretary-treasurer

17  must be chosen by and from the authority membership.  The

18  terms of office for the chairman, vice chairman, and

19  secretary-treasurer is 1 year, and a member may not hold the

20  same office for more than two consecutive terms.

21         (8)  A quorum of the authority consists of three four

22  members, and action must be taken by majority vote.

23         (9)  A member, officer, agent, or employee of the

24  authority, either for himself or herself or as agent for

25  anyone else, or as a stockholder or owner in any other legal

26  entity, must not participate or benefit directly or indirectly

27  in or from any sale, purchase, lease, franchise, contract, or

28  other transaction, entered into by the authority.  The

29  provisions of this subsection are cumulative to any general

30  laws of the state which are from time to time applicable to

31  members, officers, agents, or employees of the authority and

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  1  which require the disclosure of, or prohibit, conflicts of

  2  interest.

  3         Section 4.  Section 4 of chapter 90-412, Laws of

  4  Florida, is amended to read:

  5         Section 4.  Powers.--The authority has all power and

  6  authority necessary, convenient, or desirable to accomplish

  7  the purposes of this act, including, without limitation, the

  8  power to:

  9         (1)  Enter into contracts, and sue and be sued in its

10  own name;

11         (2)  Employ necessary personnel, including the

12  appointment of an executive director, and prescribe their

13  duties and salaries;

14         (3)  Adopt a budget annually, and amend it during the

15  fiscal year;

16         (4)  Adopt rules for the regulation of its affairs and

17  the conduct of its business and rules for the operation of the

18  system, and enforce and administer all such rules;

19         (5)  Adopt and alter an official seal;

20         (6)  Maintain an office within the Emerald Coast Fort

21  Walton Beach area of Okaloosa County;

22         (7)  Plan for and study the feasibility of

23  constructing, operating, and maintaining a bridge or bridges

24  transversing Choctawhatchee Bay or Santa Rosa Sound, or both,

25  and access roads to such bridge or bridges, including studying

26  the environmental and economic feasibility of such bridge or

27  bridges and access roads, and such other transportation

28  facilities that become part of the system;.

29         (8)  Construct, operate, and maintain the system;

30         (9)  Coordinate and encourage public and private

31  development in connection with the system;

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  1         (10)  Construct, acquire, repair, and operate any

  2  public development or project covered in this act, or

  3  coordinate any of the foregoing among other governmental

  4  agencies;

  5         (11)  Acquire, construct, reconstruct, equip, improve,

  6  maintain, and repair the system or any portion thereof within

  7  its area of operation;

  8         (12)  Fix, charge, and collect fees, tolls, rents, and

  9  charges for the use of the system, any part thereof, and any

10  facilities furnished thereby, and of any property under its

11  control, and pledge such revenue to the payment of revenue

12  bonds issued by the authority;

13         (13)  Accept grants and donations of any type of

14  property, labor, and other things of value from public and

15  private sources, and expend the funds of the authority for

16  public purposes in its area of operation as a part of and in

17  cooperation with the system or any portion thereof;

18         (14)  Acquire, by purchase, on such terms and

19  conditions and in such manner as it considers proper, and own,

20  convey, and otherwise dispose of, and lease as lessor and

21  lessee, any land and any other property, real or personal,

22  reasonably necessary in furtherance of its powers under this

23  act, and grant and acquire licenses, easements, and options

24  with respect thereto;

25         (15)  Exercise the power of eminent domain pursuant to

26  chapters 73 and 74, Florida Statutes;

27         (16)  Borrow money as provided by the State Bond Act;

28         (17)  Employ or contract for technical experts,

29  consultants, or other staff considered necessary and determine

30  their qualifications, duties, and compensation, and appoint

31  any advisory committee considered necessary;

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  1         (18)  Pay operating and debt service costs of the

  2  authority;

  3         (19)  Enter into and make lease-purchase agreements

  4  with the Department of Transportation until any bonds secured

  5  by a pledge of rentals hereunder and any refundings thereof

  6  are fully paid as to both principal and interest; and

  7         (20)  Contract for any or all services and duties as

  8  provided in this act; and

  9         (21)(20)  Do all acts necessary in order to carry out

10  the purposes of this act.

11         Section 5.  Section 6 of chapter 90-412, Laws of

12  Florida, is amended to read:

13         Section 6.  Budget.--

14         (1)  By December 1, 2001 1990, the authority shall

15  prepare an annual budget for the fiscal year, pursuant to

16  subsection (2), and shall submit by that date such budget to

17  the Board of County Commissioners of Okaloosa County for

18  approval as provided in subsection (2).  A public hearing must

19  be held on such budget prior to its submission to the board of

20  county commissioners.  For all fiscal years thereafter, the

21  procedure and time limits in subsection (2) apply.

22         (2)(a)  Prior to preparation of the annual budget as

23  provided in paragraph (b), the authority shall develop an

24  annual proposed budget according to the provisions set forth

25  in this section, by May of each year, for a public hearing

26  before the citizens of Okaloosa County.

27         (b)  The authority, in each fiscal year, shall prepare

28  an annual budget for operating revenue accounts and operating

29  expense accounts and such other accounts as the board of

30  county commissioners prescribes, for its operations in the

31  ensuing fiscal year and, on or before the first day of June of

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  1  each year, the chairman of the authority shall submit such

  2  budget to the board of county commissioners.  The fiscal year

  3  for the authority is concurrent with the fiscal year of

  4  Okaloosa County.  At the time the authority prepares its

  5  annual budget, it shall adopt a resolution determining and

  6  finding the estimated amounts to be expended by the authority

  7  in the ensuing year, exclusive of any bonds or other

  8  obligations of the authority, for acquiring, establishing,

  9  constructing, enlarging, operating, and maintaining the

10  system, or for any other corporate purpose of the authority. A

11  certified copy of the resolution must be submitted to the

12  board of county commissioners at the same time that it submits

13  its annual budget.

14         (c)  The board of county commissioners shall, in good

15  faith, examine the budget and the certified copy of the

16  resolution and may increase or reduce the total amount

17  requested under the provisions in the budget and resolution

18  for the expenditures in such an amount as the board of county

19  commissioners determines appropriate.  The board of county

20  commissioners must approve the budget of the authority, either

21  as submitted or as increased or reduced, as aforesaid.

22         (d)  Any budget amendment adopted by the authority

23  which increases the total budget must be approved by the board

24  of county commissioners prior to its becoming effective.

25         (e)  All anticipated revenues to be derived from the

26  operation of the system must be included in the budget of the

27  authority.  However, any moneys, including funds in the

28  authority's budget for the preceding fiscal year, which remain

29  unexpended from the revenue derived under the budget for the

30  preceding fiscal year may, by resolution duly adopted by the

31  authority and approved by the board of county commissioners,

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  1  be set aside in a separate fund, to be known and described as

  2  a "renewal and replacement fund," and accumulated in that fund

  3  from year to year for the purposes of purchasing real property

  4  and tangible personal property and building and constructing

  5  permanent improvements, replacements, alterations, buildings,

  6  and other structures; and such funds may be disbursed from

  7  time to time out of the renewal and replacement fund, upon

  8  proper resolution of the authority and approval by the board

  9  of county commissioners, and solely for the payment of the

10  cost of purchasing real property and tangible personal

11  property and building and constructing permanent improvements,

12  replacements, alterations, buildings, and other structures.

13         (f)  The authority shall adopt budget procedures to

14  establish the direct costs and the indirect costs of operating

15  and maintaining the authority and the system, as well as the

16  direct income derived therefrom.

17         (g)  The authority may accept funds from any public

18  body or any other entity in order to operate prior to the

19  beginning of the first fiscal year of the authority.

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

21  law.

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