ENROLLED HB 1387 2003 Legislature
1	A bill to be entitled
2	An act relating to the Putnam County Development
3	Authority; providing for codification of the authority's
4	special acts; amending, codifying, and reenacting the
5	authority's special acts; providing for membership of the
6	authority; authorizing the County of Putnam and its
7	incorporated municipalities to contract with the
8	authority; prescribing the authority’s powers and duties,
9	including the power to issue and validate revenue
10	anticipation certificates; repealing all prior special
11	acts relating to the Putnam County Development Authority;
12	providing an effective date.
13
14	Be It Enacted by the Legislature of the State of Florida:
15
16	Section 1. Pursuant to section 189.429, Florida Statutes,
17	this act constitutes the codification of all special acts
18	relating to the Putnam County Development Authority. It is the
19	intent of the Legislature in enacting this law to provide a
20	single, comprehensive special act charter for the Authority,
21	including all current legislative authority granted to the
22	Authority by its several legislative enactments and any
23	additional authority granted by this act.
24	Section 2. Chapters 61-2727, 69-1522, 78-606, and 81-478,
25	Laws of Florida, are amended, codified, reenacted, and repealed
26	as herein provided.
27	Section 3. The charter for the Putnam County Development
28	Authority is re-created and reenacted to read:
29	Section 1. Popular Name.--This act may be cited by the
30	popular name "Putnam County Development Authority."
31	Section 2. Definitions.--When used in this act, the
32	following words and terms, unless a different meaning appears
33	clearly from the context, shall have the following meanings:
34	(1) "Authority" means the Putnam County Development
35	Authority created by this act.
36	(2) "Project" means and includes the acquisition of lands,
37	properties, and improvements for development, expansion, and
38	promotion of industry, commerce, agriculture, natural resources,
39	recreation, transportation (including airports and river ports),
40	and vocational training and the construction of buildings and
41	plants for the purpose of selling, leasing, or renting such
42	structures to private persons, firms, or corporations.
43	(3) "Cost of project" embraces the cost of construction,
44	the cost of all lands, properties, easements, rights, and
45	franchises acquired, the cost of machinery and equipment,
46	financing charges, interest prior to and during construction,
47	the cost of engineering, architectural and legal expense, and
48	plans and specifications and other expenses necessary or
49	incident to determining the feasibility or practicability of the
50	project, administrative expenses, and such other expenses as may
51	be necessary or incident to the financing herein authorized for
52	the construction of any project and placing the same in
53	operation.
54	Section 3. Authority; Creation and Purpose.--For the
55	purpose of performing such acts as are necessary for the sound
56	development of Putnam County, there is created a body corporate
57	and politic to be known as the Putnam County Development
58	Authority, which is deemed to be a public corporation by that
59	name, which body may contract and be contracted with and sue and
60	be sued in all courts of law and equity.
61	Section 4. Membership; Appointment; Term of Office.--The
62	Authority shall be composed of nine members and shall be
63	selected as follows: three members of the board of county
64	commissioners, three members of the City Commission of the City
65	of Palatka, the Clerk of the Circuit Court of Putnam County, the
66	Mayor of the Town of Interlachen, and the Mayor-commissioner of
67	the City of Crescent City. The three members of the board of
68	county commissioners shall be designated by and serve at the
69	pleasure of the chair of the board of county commissioners, and
70	the three members of the City Commission of the City of Palatka
71	shall be designated by the mayor of the city.
72	Section 5. Officers.--The Authority shall elect from its
73	membership at its organizational meeting, and annually
74	thereafter, a chair, vice chair, secretary, treasurer, and any
75	other officers deemed necessary.
76	Section 6. Quorum; Transaction of Business.--Any five
77	members shall constitute a quorum for the transaction of the
78	ordinary business of the Authority. However, any action with
79	respect to any project of the Authority must be approved by not
80	less than 5 affirmative votes. No business shall be transacted
81	except at regularly called meetings and duly recorded in the
82	minutes thereof.
83	Section 7. Compensation; Travel Expenses.--Members of the
84	Authority shall serve without compensation but may be reimbursed
85	for travel expenses incurred in the performance of their duties
86	as members of the Authority.
87	Section 8. Authority of County and Cities to Contract.--
88	Putnam County and all incorporated cities therein are expressly
89	authorized to enter into contracts with the Authority as a
90	public corporation.
91	Section 9. Powers and Duties.--The Putnam County
92	Development Authority shall have the following powers:
93	(1) To have a seal and alter the same at its pleasure.
94	(2) To acquire, hold, and dispose of personal property,
95	including stock of other corporations, for its corporate
96	purposes.
97	(3) To enter into contracts with the County of Putnam and
98	all incorporated cities therein.
99	(4) It shall acquire from the county, and Putnam County
100	shall transfer to the Authority, the lands given to the county
101	by Loveland and Tanner, Inc., for an industrial park by
102	agreement dated September 30, 1960, and recorded in the official
103	records of Putnam County, book 62, pages 348, 349, and 350, item
104	34,801, on December 19, 1960, and the Authority shall hold such
105	lands for the purposes of this act and to administer same as
106	provided in subsection (5).
107	(5) To acquire in its own name by purchase, gift, or
108	otherwise, on such terms and conditions and in such manner as it
109	may deem proper, real property or liens or easements therein or
110	franchises necessary or convenient for its corporate purposes,
111	and to use the same, and to lease or make contracts with respect
112	to the use or disposition of same, in any manner the Authority
113	deems to be its best advantage. If the Authority deems it
114	expedient to construct any project, or use any project already
115	constructed, on lands the title to which shall then be in the
116	County of Putnam or any of one of its incorporated cities, the
117	governing authorities of such county and cities are authorized,
118	in their discretion, to convey title to such lands, including
119	any improvements thereon, to the Authority.
120	(6) To select and appoint agents and employees, including
121	engineers, architects, builders, and attorneys, and to fix their
122	compensation.
123	(7) To make contracts, and to execute all instruments
124	necessary or convenient, including contracts for construction,
125	lease, rental, and sale of projects or contracts with respect to
126	the use of projects which it erects or acquires.
127	(8) To construct, erect, acquire, own, repair, remodel,
128	maintain, extend, improve, equip, operate, and manage projects,
129	self-liquidating or otherwise, located on property owned or
130	leased by the Authority, and to pay the cost of any such
131	projects from the proceeds of revenue-anticipation certificates
132	of the Authority or from any grant from Putnam County or any of
133	the incorporated cities therein, or from any grant from the
134	state, or from any contribution or loan by persons, firms, or
135	corporations, all of which the Authority is hereby authorized to
136	receive, accept, and use.
137	(9) To borrow money for any of its corporate purposes and
138	to execute notes, mortgages, deeds to secure debt, trust deeds,
139	and such other instruments as may be necessary or convenient to
140	evidence and secure such borrowing.
141	(10) To exercise any power granted by the laws of the
142	state to public or private corporations, performing similar
143	functions, which is not in conflict with the constitution and
144	laws of Florida.
145	(11) To do all things necessary or convenient to carry out
146	the powers expressly conferred by this act.
147	(12) To adopt, alter, or repeal its own bylaws, rules, and
148	regulations governing the manner in which its business may be
149	transacted and in which the power granted to it may be enjoyed,
150	as the Authority may deem necessary or expedient in facilitating
151	its business.
152	(13) To issue revenue-anticipation certificates for the
153	purpose of paying all or any part of the cost of any project of
154	the Authority. Such revenue-anticipation certificates shall be
155	issued and validated under and in accordance with the applicable
156	provisions of the laws of the state.
157	(14) To perform such powers and duties as may from time to
158	time be authorized by the Legislature.
159	(15) To be deemed a “local agency” within the meaning of
160	section 159.27(4), Florida Statutes, and possess all the powers
161	of a local agency under part II of chapter 159, Florida
162	Statutes; without limiting the generality of the foregoing,
163	projects financed by the Authority under part II of chapter 159,
164	Florida Statutes, need not be located on property owned or
165	leased by the Authority, and bonds issued by it pursuant to part
166	II of chapter 159, Florida Statutes, need not be validated under
167	chapter 75, Florida Statutes.
168	Section 10. Creation of State and County Debts
169	Prohibited.--The Authority shall not be empowered in any manner
170	to create a debt against the state, the County of Putnam, or any
171	of the incorporated cities therein.
172	Section 11. Audit.--The books and records of the Authority
173	shall be audited at least annually, at the expense of the
174	Authority, by a competent auditor. The Authority shall furnish
175	copies of said audit to the Board of County Commissioners of
176	Putnam County.
177	Section 12. Construction.--This act, being for the purpose
178	of developing and promoting the public good and the welfare of
179	Putnam County and the incorporated cities therein and their
180	inhabitants, shall be liberally construed to effect the purposes
181	thereof.
182	Section 13. Severability.--If any section, subsection,
183	sentence, clause, or provision of this act is held invalid, the
184	remainder of the act shall not be affected.
185	Section 4. Chapters 61-2727, 69-1522, 78-606, and 81-478,
186	Laws of Florida, are repealed.
187	Section 5. This act shall take effect upon becoming a law.