ENROLLED HB 1857 2003 Legislature
1	A bill to be entitled
2	An act relating to the Panama City Port Authority, Bay
3	County; providing for codification of the district's
4	charter; codifying, amending, and reenacting the
5	district's special acts; providing for severability;
6	repealing chapters 17643 (1935), 23466 (1945), 57-1704,
7	69-1442, 79-545, 84-389, and 85-380, Laws of Florida;
8	providing for liberal construction; providing an effective
9	date.
10
11	Be It Enacted by the Legislature of the State of Florida:
12
13	Section 1. Pursuant to section 189.429, Florida Statutes,
14	this act constitutes the codification of all special acts
15	relating to the Panama City Port Authority. It is the intent of
16	the Legislature in enacting this law to provide a single,
17	comprehensive special act charter for the Authority, including
18	all current legislative authority granted to the Authority by
19	its several legislative enactments and any additional authority
20	granted by this act.
21	Section 2. Chapters 17643 (1935), 23466 (1945), 57-1704,
22	69-1442, 79-545, 84-389, and 85-380, Laws of Florida, are
23	codified, amended, reenacted, and repealed as herein provided.
24	Section 3. The charter for the Panama City Port Authority
25	is re-created and reenacted to read:
26	Section 1. There is hereby created a body corporate to be
27	known as the Panama City Port Authority (“Authority”), a
28	dependent special district, with the usual corporate powers to
29	sue and be sued and the additional powers specified herein. Said
30	Authority shall be an agency of Panama City (“City”). All
31	property now owned or hereafter acquired by the Authority shall
32	be held by it for the benefit of the City. The Authority shall
33	not lease, own, or acquire any real estate except in Bay County,
34	or within 10 miles of the City, whichever is greater.
35	Section 2. The Authority shall consist of five members.
36	The five members shall be appointed by the Panama City
37	Commissioners. The City Commission shall appoint or reappoint
38	the five members of the Authority and shall designate the term
39	of each member from 1 to 5 years. Thereafter, all appointments
40	shall be for a term of 4 years from the expiration of the
41	previous term. All vacancies for any unexpired terms shall be
42	filled by the City Commission. All members shall serve at the
43	pleasure of the City Commission. No member shall be an officer
44	or employee of the City, Bay County, or the state. Only
45	individuals residing in Bay County shall be eligible for
46	appointment to the Authority and no more than two members shall
47	be primarily engaged in the maritime industry. “Maritime
48	industry” means an activity relating to waterborne commerce and
49	navigation. The members constituting the Authority shall select
50	one of their number as chairperson. The term of office of the
51	chairperson shall be 2 years from the date of his or her
52	selection. The members shall receive no compensation for their
53	services. Three members shall constitute a quorum of the
54	Authority for all purposes.
55	Section 3. The Authority is authorized to hire an
56	executive director, attorney, secretary, and such other
57	employees or personnel, whether permanent or temporary, as it
58	may in its judgment so require. None of the employees of the
59	Authority shall be covered by the Employee Civil Service Laws of
60	the City.
61	Section 4. The Authority is hereby authorized to own and
62	acquire property by purchase, lease, eminent domain, gift, or
63	transfer from others, including governmental agencies, and to
64	acquire, construct, maintain, equip, operate, and manage port
65	terminal facilities, including associated marine structures and
66	facilities, industrial parks, manufacturing plants, and any
67	other structures or improvements deemed convenient or
68	appropriate for its purposes. The Authority shall not have the
69	right to exercise the power of eminent domain without first
70	obtaining the approval of the City Commission.
71	Section 5. The Authority is hereby authorized to enter
72	into contracts with individuals, corporations, and governmental
73	agencies regarding all properties and structures owned,
74	operated, or leased by the Authority as deemed convenient or
75	appropriate in the management of its affairs or in the
76	furtherance thereof.
77	Section 6. Within the limits of its budget, the Authority
78	is authorized to borrow money and give its notes and evidences
79	of indebtedness therefor. Notwithstanding the limitation of any
80	budget, when authorized by the City, the Authority is hereby
81	authorized to raise moneys by the issuance and sale of revenue
82	bonds or certificates of indebtedness in such form, amounts,
83	conditions, denominations, maturities, and rates of interest as
84	the Authority deems advisable, which shall be payable solely
85	from all or any part of the income, rents, and revenues of any
86	property or facilities now or hereafter owned, leased, or
87	operated by the Authority.
88	Section 7. The Authority shall have no power or authority
89	to bind or obligate the City in any manner whatsoever, directly
90	or indirectly. The City shall not be liable or responsible for
91	any debts, obligations, or liabilities of the Authority or its
92	officers or employees. All persons dealing with the Authority
93	are hereby charged with notice of this limitation on the powers
94	of the Authority.
95	Section 8. The Authority shall submit on or before August
96	1 of each year to the City Commission its proposed annual budget
97	for approval by the City Commission, together with a copy of an
98	audit of its affairs for the preceding year prepared by a
99	certified public accountant. The audit shall be in such form as
100	dictated by the laws of the state. No moneys shall be spent or
101	obligations incurred by the Authority except in accordance with
102	its budget.
103	Section 9. If any provision of this Act or the application
104	thereof to any person or circumstance is held invalid, such
105	invalidity shall not affect provisions or applications of the
106	Act which can be given effect without the invalid provision or
107	application and, to this end, the provisions of this Act are
108	declared to be severable.
109	Section 10. This Act shall be construed as a remedial act
110	and shall be liberally construed to promote the purposes for
111	which it is intended.
112	Section 4. Chapters 17643 (1935), 23466 (1945), 57-1704,
113	69-1442, 79-545, 84-389, and 85-380, Laws of Florida, are
114	repealed.
115	Section 5. This act shall take effect upon becoming a law.