Bill Text: HB 0597

HB 0597

2003

A bill to be entitled

An act relating to the Canaveral Port District, Brevard

County; providing legislative intent; codifying, amending,

and reenacting special acts relating to the district;

providing severability; providing purpose and

construction; providing applicability; repealing chapters

28922 (1953), 30606 (1955), 57-1178, 59-1093, 65-1286, 65-

1287, 67-1131, 67-1144, 69-857, 69-868, 70-592, 70-601,

74-426, 74-427, 74-428, 75-335, 75-341, 76-326, 76-327,

78-471, 79-430, 80-455, 82-266, 84-394, 87-431, 88-483,

89-408, 89-553, 94-436, 95-465, and 2000-418, Laws of

Florida; providing an effective date.

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

Section 1. Pursuant to section 189.429, Florida Statutes,

this act constitutes the codification of all special acts

relating to the Canaveral Port District. It is the intent of the

Legislature in enacting this law to provide a single,

comprehensive special act charter for the District, including

all current legislative authority granted to the District by its

several legislative enactments and any additional authority

granted by this act.

Section 2. Chapters 28922 (1953), 30606 (1955), 57-1178,

59-1093, 65-1286, 65-1287, 67-1131, 67-1144, 69-857, 69-868, 70-

592, 70-601, 74-426, 74-427, 74-428, 75-335, 75-341, 76-326, 76-

327, 78-471, 79-430, 80-455, 82-266, 84-394, 87-431, 88-483, 89-

408, 89-553, 94-436, 95-465, and 2000-418, Laws of Florida,

relating to the Canaveral Port District, are codified,

reenacted, amended, and repealed as herein provided.

Section 3. The charter for the Canaveral Port District is

re-created and reenacted to read:

ARTICLE I. Creation and Status

Section 1. There is created and established a port

district in Brevard County, which shall also be an independent

special taxing district and political subdivision of the state,

to be known as the "Canaveral Port District," which shall

consist of so much of Brevard County as lies north of that line

described as follows:

Beginning at a point where the west boundary line of said

Brevard County, Florida, intersects with the south

boundary line of Township 25 South, Range 35 East, and

proceeding thence easterly along the south boundary line

of Township 25 South to the intersection of the east

boundary line of Brevard County, Florida, with the south

boundary line of Township 25 South.

Section 2. The Canaveral Port District is divided into

five Commissioner Port Districts, numbered one to five,

inclusive, defined as follows:

(a) District 1: Beginning at the intersection of

the North line of Township 20 South (Brevard/Volusia

County Line) and the Mean High Water Line of the Atlantic

Ocean;

Thence meander southerly along said Mean High Water Line

of the Atlantic Ocean to the South line of Township 22

South, Range 38 East;

Thence westerly along said South line to the centerline

of the Intracoastal Waterway of the Indian River;

Thence northerly along said centerline to the easterly

projection of the centerline of Buffalo Road, in Section

34, Township 21 South, Range 35 East;

Thence westerly along said centerline and its easterly

projection to the centerline of North Washington Avenue

(U.S. Highway #1);

Thence southerly along said centerline to the centerline

of Malinda Lane;

Thence westerly along said centerline to the East line of

the W 1/4 of Section 33, Township 21 South, Range 35

East;

Thence southerly along said east line to the centerline

of Garden Street (State Road 406);

Thence easterly along said centerline to the centerline

of Park Avenue (Old State Road 405);

Thence southerly along said centerline to the centerline

of Barna Avenue;

Thence southerly along said centerline to the centerline

of Harrison Street;

Thence easterly along said centerline to the centerline

of the Florida East Coast Railway;

Thence southerly along said centerline to the centerline

of Cheney Highway (State Road 50);

Thence westerly along said centerline to the centerline

of Rosehill Avenue, in Section 22, Township 22 South,

Range 35 East;

Thence northerly along said centerline to the centerline

of Knox McRae Drive;

Thence northwesterly along said centerline to the

centerline of Barna Avenue;

Thence southerly along said centerline to the centerline

of Cheney Highway (State Road 50);

Thence westerly along said centerline to the centerline

of the St. Johns River, also being the county line

between Brevard and Orange Counties;

Thence meander northerly along said centerline of the St.

Johns River to the intersection of the Volusia, Brevard,

Orange and Seminole County lines, said point also lying

100

on the South line of Township 21 South, Range 33 East;

101

Thence easterly along said South line of Township 21

102

South, also being the county line between Brevard and

103

Volusia Counties, to the East line of Range 33 East;

104

Thence northerly along said East line, also being the

105

county line between Brevard and Volusia Counties, to the

106

North line of Township 20 South, also being the Northwest

107

corner of Brevard County;

108

Thence easterly along said North Township line to the

109

point of beginning.

110

111

(b) District 2: Beginning at the intersection of

112

the easterly projection of Buffalo Road, in Section 34,

113

Township 21 South, Range 35 East and the centerline of

114

the Intracoastal Waterway of the Indian River;

115

Thence southerly along said centerline to easterly

116

projection of the centerline of Kings Highway;

117

Thence westerly along said centerline to the centerline of

118

Grissom Parkway (Tulsa Boulevard);

119

Thence southerly along said centerline to the centerline

120

of Ranch Road;

121

Thence westerly along said centerline to the centerline of

122

Interstate 95;

123

Thence southerly along said centerline to the centerline

124

of Fay Boulevard;

125

Thence easterly along said centerline to the centerline of

126

the Florida East Coast Railway;

127

Thence southerly along said centerline to the centerline

128

of Broadway Boulevard, in Section 25, Township 23 South,

129

Range 35 East;

130

Thence easterly along said centerline and its easterly

131

projection to the centerline of the Intracoastal Waterway

132

of the Indian River;

133

Thence southerly along said centerline to the centerline

134

of the Beeline Expressway (State Road 528);

135

Thence westerly along said centerline to the East line of

136

Section 13, Township 24 South, Range 35 East;

137

Thence southerly along said east line to the North right

138

of way line of North Road;

139

Thence northwesterly along said right of way line to the

140

West line of Cocoa North Subdivision, Unit 1, as recorded

141

in Plat Book 21 page 3, Public Records of Brevard County,

142

Florida;

143

Thence southerly along said West line to the North right

144

of way line of London Boulevard;

145

Thence westerly along said North right of way line to the

146

West line of Cocoa North Subdivision, Unit 2, as record

147

in Plat Book 21 page 10, Public Records of Brevard

148

County, Florida;

149

Thence northeasterly, northwesterly, westerly, and

150

northerly along said West line to the South line of N 1/4

151

of said Section 13, Township 24 South, Range 35 East,

152

said point also being the North line of Cocoa North

153

Subdivision, Unit 4, as recorded in Plat Book 26 page 44,

154

Public Records of Brevard County, Florida;

155

Thence westerly along said South line to the North-South

156

midsection line of said Section 13;

157

Thence southerly along said North-South midsection line

158

to the East-West midsection line of said Section 13;

159

Thence westerly along said East-West midsection line

160

(said line also being the North line of Cocoa North

161

Subdivision, Unit 8, as recorded in Plat Book 31 page 65,

162

Public Records of Brevard County, Florida) the to the

163

centerline of Cox Road;

164

Thence southerly along said centerline to the North line

165

of the S 1/4 of the S 1/2 of the NE 1/4 of the NE 1/4 of

166

Section 23, Township 24 South, Range 35 East;

167

Thence westerly along said North line to the West line of

168

the NE 1/4 of the NE 1/4 of said Section 23;

169

Thence southerly along said West line to the South line

170

of the N 1/4 of said Section 23;

171

Thence westerly along said South line to the North-South

172

Midsection line of said Section 23;

173

Thence southerly along said North-South Midsection line

174

to the East-West Midsection line of said Section 23;

175

Thence easterly along said East-West Midsection line to

176

the centerline of State Road 524;

177

Thence northeasterly along said centerline to the

178

centerline of Cox Road;

179

Thence southerly along said centerline to the centerline

180

of Lake Drive;

181

Thence easterly along said centerline to the centerline

182

of Clearlake Road (State Road 501);

183

Thence southerly along said centerline to the centerline

184

of Pluckebaum Road;

185

Thence westerly along said centerline to the centerline

186

of Interstate 95;

187

Thence southeasterly along said centerline to the

188

centerline of Rockledge Creek;

189

Thence westerly along said centerline and its westerly

190

projection to the centerline of Lake Poinsett;

191

Thence meander westerly along said centerline to the

192

southwesterly projection of the centerline of State Road

193

524;

194

Thence northeasterly along said centerline and its

195

southwesterly projection to the centerline of State Road

196

520;

197

Thence westerly along said centerline to the centerline

198

of the St. Johns River, also being the county line

199

between Brevard and Orange Counties;

200

Thence meander northerly along said centerline to the

201

centerline of Cheney Highway (State Road 50)

202

Thence easterly along said centerline to the centerline

203

of Barna Avenue;

204

Thence northerly along said centerline to the centerline

205

of Knox McRae Avenue;

206

Thence southeasterly along said centerline to the

207

centerline of Rosehill Avenue, in Section 22, Township 22

208

South, Range 35 East;

209

Thence southerly along said centerline to the centerline

210

of Cheney Highway (State Road 50);

211

Thence easterly along said centerline to the centerline

212

of the Florida East Coast Railway;

213

Thence northerly along said centerline to the centerline

214

of Harrison Street;

215

Thence westerly along said centerline to the centerline

216

of Barna Avenue;

217

Thence northerly along said centerline to the centerline

218

of Park Avenue (Old State Road 405);

219

Thence northerly along said centerline to the centerline

220

of Garden Street (State Road 406);

221

Thence westerly along said centerline to the East line of

222

the W 1/4 of Section 33, Township 21 South, Range 35 East

223

Thence northerly along said east line to the centerline

224

of Malinda Lane;

225

Thence easterly along said centerline to the centerline

226

of North Washington Avenue (U.S. Highway #1);

227

Thence northerly along said centerline to the centerline

228

of Buffalo Road, in Section 33, Township 21 South, Range

229

35 East;

230

Thence easterly along said centerline and its easterly

231

projection to the point of beginning.

232

233

234

the centerline of the Intracoastal Waterway of the Indian

235

River and the centerline of the Beeline Expressway (State

236

Road 528);

237

Thence southerly along said centerline of the

238

Intracoastal Waterway to the South line of Township 25

239

South;

240

Thence westerly along said South line to the West line of

241

Range 35 East, also being the county line between Osceola

242

and Brevard Counties;

243

Thence northerly along said West line intersection of the

244

Brevard, Orange and Osceola County lines;

245

Thence northerly along said Brevard and Orange County

246

line to the centerline of State Road 520;

247

Thence easterly along said centerline to the centerline

248

of State Road 524;

249

Thence southwesterly along said centerline and its

250

southwesterly projection to the centerline of Lake

251

Poinsett;

252

Thence easterly along said centerline to the westerly

253

projection of the centerline of Rockledge Creek;

254

Thence easterly along said centerline and its westerly

255

projection to the centerline of Interstate 95;

256

Thence northwesterly along said centerline to the

257

centerline of Pluckebaum Road;

258

Thence easterly along said centerline to the centerline

259

of Clearlake Road (State Road 501);

260

Thence northerly along said centerline to the centerline

261

of Lake Drive;

262

Thence westerly along said centerline to the centerline

263

of Cox Road;

264

Thence northerly along said centerline to the centerline

265

of State Road 524;

266

Thence southwesterly along said centerline to the East-

267

West Midsection line of Section 23, Township 24 South,

268

Range 35 East;

269

Thence westerly along said East-West Midsection line to

270

the North-South Midsection line of said Section 23;

271

Thence northerly along said North-South Midsection line

272

to the South line of the N 1/4 of said Section 23;

273

Thence easterly along said South line to the West line of

274

the NE 1/4 of the NE 1/4 of said Section 23;

275

Thence northerly along said West line to the North line

276

of the S 1/4 of the S 1/2 of the NE 1/4 of the NE 1/4 of

277

said Section 23;

278

Thence easterly along said North line to the centerline

279

of Cox Road;

280

Thence northerly along said centerline to the East-West

281

Midsection line of Section 13, Township 24 South, Range

282

35 East;

283

Thence easterly along said East-West Midsection line to

284

the North-South Midsection line of said Section 13;

285

Thence northerly along said North-South Midsection line

286

to the South line of the N 1/4 of said Section 13, said

287

line also being the North line of Cocoa North

288

Subdivision, Unit 4, as recorded in Plat Book 26 page 44,

289

Public Records of Brevard County, Florida;

290

Thence easterly along said South line to the West line of

291

Cocoa North Subdivision, Unit 2, as recorded in Plat Book

292

21 page 10, Public Records of Brevard County, Florida;

293

Thence southerly, easterly, southeasterly and

294

southwesterly along said West line to the North right of

295

way line of London Boulevard;

296

Thence easterly along said North right of way line to the

297

West line of Cocoa North Subdivision, Unit 1, as recorded

298

in Plat Book 21 page 3, Public Records of Brevard County,

299

Florida;

300

Thence northerly along said West line and its northerly

301

projection to the North right of way line of North road;

302

Thence southeasterly along said North right of way line

303

to the East line of Section 13, Township 24 South, Range

304

35 East;

305

Thence northerly along said East line to the centerline

306

of the Beeline Expressway (State Road 528)

307

Thence westerly along said centerline to the point of

308

beginning.

309

310

(d) District 4: Beginning at the intersection of

311

the South line of Township 22 South, Range 38 East and

312

the Mean High Water Line of the Atlantic Ocean;

313

Thence southerly along said Mean High Water Line to the

314

centerline of the Canaveral Port Authority Main Channel;

315

Thence westerly along said centerline to the centerline

316

of the Banana River;

317

Thence southerly along said centerline to the easterly

318

projection of the centerline of Morningside Drive, in

319

Section 30, Township 24 South, Range 37 East;

320

Thence westerly along said easterly projection and

321

centerline to the centerline of North Banana River Drive;

322

Thence northerly along said centerline to the South line

323

of Surfside Estates, Unit 1, as recorded in Plat Book 16

324

page 65, Public Records of Brevard County, Florida;

325

Thence westerly along said South line and its westerly

326

projection to the centerline of Sykes Creek;

327

Thence southerly along said centerline to the centerline

328

of Merritt Island Causeway (State Road 520);Thence

329

westerly along said centerline to the centerline of

330

Plumosa Street;

331

Thence northerly along said centerline to the centerline

332

of LeJeune Boulevard;

333

Thence northwesterly along said centerline to the

334

centerline of Palmetto Avenue;

335

Thence northeasterly along said centerline to the

336

centerline of East Merritt Avenue;

337

Thence westerly along said centerline to the centerline

338

of Fourth Street;

339

Thence northerly along said centerline to the centerline

340

of Alabama Avenue;

341

Thence westerly along said centerline to the centerline

342

of Fourth Place;

343

Thence northerly along said centerline to the centerline

344

of Needle Boulevard;

345

Thence westerly along said centerline to the centerline

346

of North Courtenay Parkway;

347

Thence southerly along said centerline to the centerline

348

of Merritt Avenue;

349

Thence westerly along said centerline and its westerly

350

projection to the centerline of the Intracoastal Waterway

351

of the Indian River;

352

Thence northerly along said centerline to the easterly

353

projection of the centerline of Broadway Boulevard, in

354

Section 30, Township 23 South, Range 36 East;

355

356

Thence westerly along said easterly projection and

357

centerline to the centerline of the Florida East Coast

358

Railway;

359

Thence northerly along said centerline to the centerline

360

of Fay Boulevard;

361

Thence westerly along said centerline to the centerline

362

of Interstate 95;

363

Thence northerly along said centerline to the centerline

364

of Ranch Road;

365

Thence easterly along said centerline to the centerline

366

of Grissom Parkway (Tulsa Highway);Thence northerly along

367

said centerline to the centerline of Kings Highway;

368

Thence easterly along said centerline and its easterly

369

projection to the centerline of the Intracoastal Waterway

370

of the Indian River;

371

Thence northerly along said centerline to the South line

372

of Township 22 South;

373

Thence easterly along said South line to the point of

374

beginning.

375

376

(e) District 5: Beginning at the intersection of

377

the centerline of the Canaveral Port Authority Main

378

Channel and the Mean High Water Line of the Atlantic

379

Ocean;

380

Thence meander southerly along said Mean High Water Line

381

to the North line of Patrick Air Force Base, also being

382

the South line of Orlando Beach Subdivision as recorded

383

in Plat Book 9 page 43, Public Records of Brevard County,

384

Florida, in Section 35, Township 25 South, Range 37 East;

385

Thence westerly along said North line to the centerline

386

of the Banana River;

387

Thence southerly along said centerline to the South line

388

of Township 25 South;

389

Thence westerly along said South line to the centerline

390

of the Intracoastal Waterway of the Indian River;

391

Thence northerly along said centerline to the westerly

392

projection of the centerline of West Merritt Avenue, said

393

line also being the North line of Section 34, Township 24

394

South, Range 36 East;

395

Thence easterly along said westerly projection and

396

centerline to the centerline of North Courtenay Parkway;

397

Thence northerly along said centerline to the centerline

398

of Needle Boulevard;

399

Thence easterly along said centerline to the centerline

400

of Fourth Place;

401

Thence southerly along said centerline to the centerline

402

of Alabama Avenue;

403

Thence easterly along said centerline to the centerline

404

of Fourth Street;

405

Thence southerly along said centerline to the centerline

406

of East Merritt Avenue;

407

Thence easterly along said centerline to the centerline

408

of Palmetto Avenue;

409

Thence southwesterly along said centerline to the

410

centerline of LeJeune Boulevard;

411

Thence southeasterly along said centerline to the

412

centerline of Plumosa Street

413

Thence southerly along said centerline to the centerline

414

of Merritt Island Causeway (State Road 520);

415

Thence easterly along said centerline to the centerline

416

of Sykes Creek;

417

Thence meander northerly along said centerline to the

418

westerly projection of the South line of Surfside

419

Estates, Unit 1, as recorded in Plat Book 16 page 65,

420

Public Records of Brevard County, Florida;

421

Thence easterly along said westerly projection and South

422

line to the centerline of North Banana River Drive;

423

Thence southerly along said centerline to the centerline

424

of Morningside Drive, in Section 30, Township 24 South,

425

Range 37 East;

426

Thence easterly along said centerline and its easterly

427

projection to the centerline of the Banana River;

428

Thence northerly along said centerline to the centerline

429

of the Canaveral Port Authority Main Channel;

430

Thence easterly along said centerline to the point of

431

beginning.

432

433

(f) All of the aforesaid boundary lines and referenced

434

points are as the same are situated and located on the date this

435

provision becomes law, except that the shoreline of the Atlantic

436

Ocean and channel centerlines of the waterways in said

437

descriptions shall be as the same exists in fact from time to

438

time.

439

Section 3. Commencing with the year 1982, and every 10

440

years thereafter, the Canaveral Port Authority by resolution

441

shall divide the Canaveral Port District into five (5)

442

Commissioner Port Districts of contiguous territory as nearly

443

equal in population as practicable according to the duly

444

registered electors in the Canaveral Port District determined by

445

the elector registration rolls of the Supervisor of Elections

446

for Brevard County. On or before January 15th of each decennial

447

year commencing with the year 1982, the Supervisor of Elections

448

for Brevard County shall transmit to the Canaveral Port

449

Authority a certified statement of all elector precincts lying

450

in whole or in part in the Canaveral Port District and the

451

number of electors in each precinct or partial precinct in the

452

Canaveral Port District according to the most recent records of

453

the Supervisor of Elections prior to the submission of such

454

certified statement. On or before March 5th of each such

455

decennial year, the Canaveral Port Authority shall divide and

456

define the boundaries of each of the five (5) Commissioner Port

457

Districts based on the certified statement of elector precincts

458

and number of electors submitted by the Supervisor of Elections.

459

No Commissioner Port Districts shall have more than 22 percent

460

or less than 18 percent of the total number of duly registered

461

electors in the Canaveral Port District according to the

462

certified statement of the Supervisor of Elections. On or before

463

March 31st of each such decennial year, the Canaveral Port

464

Authority shall deliver to the Board of County Commissioners for

465

Brevard County and the Supervisor of Elections for Brevard

466

County a certified copy of the resolution by the Canaveral Port

467

Authority defining the boundaries of the five Commissioner Port

468

Districts determined hereunder, and the Commissioner Port

469

Districts so determined shall be and constitute the Commissioner

470

Port Districts to and until the same are again determined

471

decennially under this provision. As the five Commissioner Port

472

Districts are decennially determined and defined, the same shall

473

immediately supersede the previously determined and defined five

474

Commissioner Port Districts.

475

Section 4. The District's charter may only be amended by

476

special act of the Legislature.

477

ARTICLE II. Definitions

478

Section 1. All references herein to "Harbor District" or

479

"Port District" shall be deemed to mean Canaveral Port District,

480

situated in Brevard County as described in Article I; and all

481

references herein to "Harbor Commissioners," "Port

482

Commissioners," or "Port Authority" shall be deemed to mean the

483

Canaveral Port Authority, the governing body of the Canaveral

484

Port District. All references herein to "Harbor Commissioners"

485

or "Port Commissioners" shall be deemed to mean qualified

486

commissioners or members constituting the Canaveral Port

487

Authority. All references herein to "Port Canaveral" or "Port"

488

shall be deemed to mean the Port of Canaveral, Brevard County,

489

including the main entrance channels, turning basins, slips, and

490

jetties, and including also all lands abutting on the navigable

491

waters of said port.

492

ARTICLE III. Governing Authority

493

Section 1. The governing authority of said Canaveral Port

494

District shall be known as the Canaveral Port Authority. Said

495

Canaveral Port Authority as a body politic and body corporate is

496

deemed a political subdivision of the State of Florida within

497

the meaning of sovereign immunity from taxation; it shall have

498

perpetual existence; it may adopt and use a common seal and

499

alter the same; it may contract and be contracted with; it may

500

sue in its corporate name in any of the courts in the several

501

states and in the courts of the United States, and may be sued

502

only in the courts of the state and the courts of the United

503

States for the Southern District of the state, or in such other

504

District Court of the United States to which Brevard County may

505

hereafter be transferred.

506

ARTICLE IV. General Grant of Powers

507

The Canaveral Port Authority, governing body of the Canaveral

508

Port District, shall have additional powers as follows:

509

Section 1. To acquire by grant, purchase, gift, devise,

510

condemnation, or in any other manner, all property, real or

511

personal, or any estate or interest therein, within said

512

Canaveral Port District, which by resolution the said port

513

authority shall determine to be necessary for the purposes of

514

said Canaveral Port District; said determination shall be

515

conclusive, except in cases of fraud or gross abuse of

516

discretion; and to improve, maintain, lease, mortgage, or

517

otherwise encumber the same, or any part thereof, or any

518

interest or estate therein, and to sell, convey, and deliver the

519

legal title to certain land to an agency of Florida for

520

rights-of-way for a public toll highway between Port Canaveral,

521

Brevard County, and United States Highway No. 1 near City Point,

522

Brevard County; with right of reversion of said land upon

523

abandonment thereof by nonuser, or, in the event such public

524

toll highway be not constructed, whichever is sooner; and upon

525

such conditions as said Port Authority shall fix and determine,

526

as hereinafter provided; and said determination shall be deemed

527

conclusive, except in case of fraud or gross abuse of

528

discretion.

529

Section 2. To lay out, construct, condemn, purchase, own,

530

mortgage, add to, maintain, conduct, operate, build, equip,

531

manage, replace, enlarge, improve, regulate, control, repair,

532

fix, and establish jetties, piers, quays, wharves, docks,

533

warehouses, storehouses, breakwaters, bulkheads, public

534

landings, slips, seawalls, turning basins, harbors, ports,

535

waterways, channels, moles, bridges, catwalks, ferries and

536

causeways, drydocks, terminal facilities, canals, elevators,

537

grain bins, cold storage plants, icing plants and their

538

distribution, refrigerating plants, pre-cooling plants, bunkers,

539

oil tanks, pipelines, locks, tidal basins, subways, tramways,

540

cableways, anchorage areas, depots, areas for abandoned or

541

derelict ships, barges, or other craft, airways, landing fields,

542

conveyors, modern appliances for economic handling, storing, and

543

transportation of freight and the handling of passenger traffic,

544

systems of fresh water supply, electric and steam generating

545

stations and plants and distribution systems therefor, sewage

546

systems and sewage disposal and treatment plants, telegraph and

547

telephone systems and lines, buried or on poles, gas lines and

548

distribution systems therefor for servicing the lands,

549

properties and facilities now or hereafter owned, acquired, or

550

controlled by lease, franchise, or otherwise, by Canaveral Port

551

District or the Canaveral Port Authority and any and all areas

552

adjacent thereto, radio broadcasting stations and facilities,

553

parking lots and areas for off-street or off-road parking of

554

motor vehicles, barge lines, truck lines, steamship lines,

555

shipping lines, roads and railroads, within and without the

556

territorial limits of Canaveral Port District, and all other

557

harbor and harbor area improvements and facilities which the

558

Port Authority may determine to be necessary, feasible, and

559

advantageous; and in connection with the operation, improvement,

560

and maintenance of said port, to perform all customary services,

561

including the handling, weighing, measuring, regulation,

562

control, inspection, and reconditioning of all commodities and

563

cargo received or shipped through said port.

564

Section 3. To exercise control over Port Canaveral,

565

Brevard County, and any and all parts thereof; to apply to

566

proper authorities of the United States Government for the right

567

to establish, operate, and maintain a Foreign Trade Zone within

568

the limits of Brevard County and to establish, operate, and

569

maintain such Foreign Trade Zone; to apply for and obtain

570

permission from the United States Government to create, improve,

571

regulate, and control all waters, and natural or artificial

572

waterways within said Port Canaveral; to improve all navigable

573

and non-navigable waters situated within said Canaveral Port

574

District necessary or useful to the operation, improvement, and

575

maintenance of Port Canaveral; to construct, improve, and

576

maintain such inlets, slips, turning basins, and channels; to

577

make and give to the United States Government such guarantees

578

upon such terms and conditions as may be required; and to enact,

579

adopt, and establish rules and regulations for the complete

580

exercise of jurisdiction and control over all of said lands and

581

waters of said Port Canaveral within said Canaveral Port

582

District.

583

Section 4. To fix uniform rates of wharfage, dockage,

584

pilotage, warehousing, storage, port, and terminal charges upon

585

all harbor facilities and improvements located within said Port

586

District, whether owned by said Port Authority or otherwise, and

587

to fix and determine the rates, commissions, rentals, tolls, and

588

other charges for the use of harbor and area facilities and

589

improvements located within said Port District insofar as it may

590

be permissible for said Port Authority to do so under the

591

Constitution and laws of the State of Florida and under the

592

Constitution and laws of the United States of America.

593

Section 5. To exercise such police powers as the Port

594

Authority shall determine to be necessary for the effective

595

control, regulation, and protection of Port Canaveral and for

596

the effective exercise of jurisdiction over said port.

597

Section 6. To grant franchises to any person, firm, or

598

corporation to construct, establish, operate, replace, repair,

599

fix, enlarge, maintain, improve, equip, manage, acquire, and

600

control jetties, piers, quays, wharves, docks, warehouses,

601

storehouses, breakwaters, bulkheads, public landings, slips,

602

seawalls, turning basins, harbors, ports, waterways, channels,

603

moles, bridges, catwalks, ferries, roads and causeways,

604

drydocks, terminal facilities, canals, elevators, grain bins,

605

cold storage plants, icing plants and their distribution,

606

refrigeration plants, pre-cooling plants, bunkers, oil tanks,

607

pipelines, locks, tidal basins, subways, tramways, cableways,

608

anchorage areas, depots, areas for abandoned ships, barges, or

609

other craft, airways, landing fields, conveyors, modern

610

appliances for economic handling, storing, and transportation of

611

freight and the handling of passenger traffic, systems of fresh

612

water supply, electric and steam generating stations and plants

613

and distribution systems therefor, sewage systems and sewage

614

disposal and treatment plants, telegraph and telephone systems

615

and lines, buried or on poles, gas lines and distribution

616

systems therefor for servicing the lands, properties, and

617

facilities now or hereafter owned, acquired, or controlled by

618

lease, franchise, or otherwise by Canaveral Port District or the

619

Canaveral Port Authority, and any and all areas adjacent

620

thereto, radio broadcasting stations and facilities, parking

621

lots and areas for off-street or off-road parking of motor

622

vehicles, barge lines, truck lines, steamship lines, shipping

623

lines, roads and railroads within and without the territorial

624

limits of the Canaveral Port District, and other harbor and

625

harbor area improvements and facilities which the Port Authority

626

may determine to be necessary, feasible, and advantageous; and

627

in connection with the operation, improvement, and maintenance

628

of said port, to perform all customary services, including the

629

handling, weighing, measuring, regulation, control, inspection,

630

and reconditioning of all commodities and cargo received or

631

shipped through said port in the exercise of such franchise.

632

Nothing in this section shall be construed to limit the right of

633

the Port Authority to construct, maintain, and operate the port

634

facilities, as provided in section 2 of this article.

635

Section 7. To enter into such contract, lease, or

636

franchise with any common carrier or carriers and their

637

respective successors and assigns as the Port Authority shall

638

determine to be necessary for the development, improvement, and

639

promotion of the transportation and warehousing facilities of

640

Port Canaveral and the development, improvement, and promotion

641

of Port Canaveral; to acquire by grant, purchase, gift, devise,

642

condemnation, exchange, or in any other manner all land,

643

easements, and rights of property deemed necessary or

644

advantageous by the Port Authority for such purposes; to execute

645

whatever arrangements, by contract or otherwise, may be

646

necessary in the opinion of the Interstate Commerce Commission

647

to perform and comply with all rules and regulations promulgated

648

by the Interstate Commerce Commission or any other state or

649

federal agency covering the operation, maintenance, improvement,

650

development, and ownership of the transportation and warehousing

651

facilities used in connection with Port Canaveral.

652

Section 8. To levy, assess, collect, and enforce ad

653

valorem taxes upon all of the real and personal property in the

654

Canaveral Port District for the purpose of defraying operating,

655

maintenance, and general administration expenses and other

656

necessary expenses incurred for the improvement of the port

657

facilities, and for the purchase of rights-of-way, of said

658

Canaveral Port Authority and Canaveral Port District, provided

659

that such levy shall not exceed 3 mills on the dollar in any one

660

year on the total assessed valuation of all taxable property

661

within said Canaveral Port District for such year; and the Port

662

Authority is authorized and empowered to issue its promissory

663

note or notes at the rate of interest, maturity, terms, and

664

conditions as directed by the Canaveral Port Authority, signed

665

in the name of the Canaveral Port Authority by the Chair and the

666

Secretary and the corporate seal affixed thereto, and the funds

667

derived therefrom to be used for the payment of operating,

668

maintenance, and general administration expenses, and for the

669

purchase of right-of-way, against or to be repaid from the

670

anticipated revenues to be derived from the said 3 mill ad

671

valorem tax, previously levied and assessed.

672

Section 9. To create and designate such offices,

673

departments, and divisions, other than those herein specifically

674

provided for, as the said Port Authority may determine to be

675

necessary; to prescribe the duties and compensation of such

676

officers and employees; to employ an attorney for the Port

677

Authority; and to fix and determine the compensation and duties

678

of said attorney. The term of office of said attorney and all

679

appointees and employees shall be at the pleasure of the Port

680

Authority.

681

Section 10. To make rules and regulations consistent with

682

the Constitution and laws of the State of Florida, and with the

683

Constitution and laws of the United States of America, for the

684

promotion and conduct of navigation, commerce, and industry in

685

said Port Canaveral. Said rules and regulations shall be

686

reasonable and shall apply uniformly to all similarly situated.

687

Section 11. To make rules and regulations governing the

688

course, conduct, movement, stationing and restationing, berthing

689

and reberthing, fueling and refueling, loading, unloading, and

690

reloading, docking, storing, mooring, and anchoring of ships,

691

vessels, crafts, barges, skiffs, and boats within said Port

692

Canaveral and the navigable waters over which the said Port

693

Authority has jurisdiction; to remove all obstacles to

694

navigation, commerce, and industry in the waters of said Port

695

Canaveral and the navigable waters over which the said Port

696

Authority has jurisdiction; however, this power can only be

697

exercised within navigable waters, entrance channels, turning

698

basins, and slips in the waters of the said port.

699

Section 12. To prescribe, fix, and establish fines,

700

penalties, and punishment for the violation of the rules and

701

regulations of said Port Authority and to enforce such fines,

702

penalties, and punishments in such manner as the Port Authority

703

may by resolution determine. All fines and penalties so imposed

704

or levied shall be recoverable in the name of the Canaveral Port

705

Authority in any court of the state having jurisdiction over the

706

amount involved and shall inure and belong to said Port

707

Authority.

708

Section 13. To enter into any contract with the Government

709

of the United States, or any agency thereof, which may be

710

necessary in order to procure assistance, appropriations,

711

grants, gifts, and aid for the deepening, widening, and

712

extending of channels and turning basins and the building,

713

construction, and maintenance of slips, wharves, breakwaters,

714

jetties, bulkheads, facilities, and any and all other port

715

improvements and facilities. To convey fee simple title to

716

lands to the United States Government for a United States Coast

717

Guard facility, to meet the requirements of local interests and

718

for other advisable port interests; with right of reversion of

719

said land in the event the same is either not used for said

720

purpose within 5 years after conveyance or there is an

721

abandonment of such use for 5 years.

722

Section 14. To exercise the right of eminent domain and to

723

condemn, appropriate, and acquire any property, both real and

724

personal, and any interest or estate therein which by resolution

725

the Port Authority shall determine to be necessary for the

726

deepening, widening, and extending of the channels, turning

727

basins, roads, and railroads and the building and construction

728

of slips, wharves, sheds, warehouses, breakwaters, jetties,

729

bulkheads, and any and all other port improvements and

730

facilities, said determination shall be conclusive, except in

731

the case of fraud or gross abuse of discretion; such

732

condemnation proceeding shall be exercised in the manner

733

provided in sections 73.01, 73.011, 73.02 through 73.12, 73.14,

734

73.15, 73.17, 73.18, and 73.20, Florida Statutes, 1951, and acts

735

amendatory and supplementary thereto; and pursuant to the

736

following additional provisions, to-wit:

737

(a) The Port Authority, if satisfied with the verdict

738

rendered in a condemnation proceeding, shall, within 30 days

739

after the rendition of the judgment, file in the court in which

740

said proceeding was instituted its written acceptance of the

741

verdict and judgment and shall pay into court the compensation

742

ascertained by the jury. The court having jurisdiction of said

743

condemnation proceedings shall have the power to extend the time

744

within which said award shall be paid, not to exceed 18 months

745

from the date of the rendition of the judgment. Such award shall

746

bear interest at the rate of 6 percent per annum during such

747

extended period of time.

748

(b) The Port Authority shall defray the cost of

749

proceedings necessary to effectuate the purposes of this

750

section, provided that the Port Authority shall not be held

751

liable for costs in any action brought by any person or

752

plaintiff, unless the decision of the court shall be in favor of

753

such person or plaintiff, and in such case the court shall

754

determine and specify the costs which are to be paid by the said

755

Port Authority.

756

Section 15. To borrow money as herein provided.

757

Section 16. (a) The Port Authority shall have the power

758

and authority to execute and deliver all contracts, deeds,

759

leases, mortgages, promissory notes, franchises, assignments,

760

releases, and all other instruments necessary and convenient to

761

carry out the powers herein expressly or impliedly conferred,

762

all of which shall be executed in the name of the Canaveral Port

763

Authority and signed by the Chair and the Secretary thereof and

764

its corporate seal affixed thereto; all checks and vouchers for

765

the disbursement of funds of the Port Authority shall be

766

executed in the manner and form as prescribed by the Port

767

Authority.

768

(b) The Port Authority shall have the power and authority

769

by majority vote at any regular meeting to lease the lands,

770

personal properties, and facilities for period not to exceed 10

771

years; or to encumber personal properties and facilities for not

772

more than $10,000, and for a period not to exceed 5 years, to

773

secure the note or notes of the Port Authority authorized under

774

subsection (a) of said article and section, upon such terms and

775

conditions as the Port Authority shall determine.

776

777

facilities of the Port Authority for a period of more than 10

778

years, or any encumbrance of the personal properties or

779

facilities of the Port Authority for more than $10,000, and for

780

a period of more than 5 years, shall be first advertised in a

781

newspaper of general circulation published within the Canaveral

782

Port District for 15 days by three consecutive weekly

783

publications, stating the terms and the amount to be paid and

784

particularly describing the lands, personal properties, or

785

facilities to be leased or encumbered, except where it is

786

proposed to lease or to encumber such properties in favor of a

787

governmental agency, and provided that in the event a petition

788

is filed within 30 days after said advertisement is published,

789

signed by 10 percent of the qualified electors residing within

790

the Canaveral Port District and therein requesting that the

791

question of leasing of the lands or of encumbering of the said

792

personal properties or facilities be decided by an election

793

called for that purpose. It will then be the duty of the Port

794

Authority to call an election to be held within the territory

795

constituting the Canaveral Port District, for the purpose of

796

determining whether or not said lease or said encumbrance as

797

described in said advertisement shall be executed. Said election

798

shall be held as provided in this act. If no such petition be

799

filed, then the lease or the encumbrance may be executed by the

800

Port Authority forthwith.

801

Section 17. To regulate the speed, operation, docking,

802

storing, and conduct of all water craft of any kind plying or

803

using the waterways within said port and over which the Port

804

Authority has jurisdiction; however, this power shall be

805

exercised only within navigable waters, entrance channels,

806

turning basins, and slips in the waters of the port.

807

Section 18. To appoint a Pilot Commission consisting of

808

three or more members as the Port Authority may determine, a

809

Harbor-Master, a Deputy Harbor-Master, stevedores, longshoremen,

810

and all other persons necessary to properly transact the

811

shipping business at said port and to fix their powers, duties,

812

and compensation. The Port Authority is granted the power to

813

license stevedores as independent contractors for hire, and to

814

fix the terms and conditions of such licenses and to determine

815

the fees to be charged, to serve at the pleasure of the Port

816

Authority, unless terminated sooner by the licenses. The Port

817

Authority shall serve as a Pilot Commission until a Pilot

818

Commission shall be appointed.

819

Section 19. (a) The Port Authority shall have the power

820

to borrow money from any state or federal agency or agencies,

821

private party or parties, and to secure the payment of the same

822

by the issuance of revenue certificates or revenue bonds (which

823

shall bear such denomination and be in such form as shall be

824

required by the Canaveral Port Authority), for the purpose of

825

carrying out any of the powers, projects, or purposes of the

826

Port Authority or Port District, or for the purpose of providing

827

funds to be used in the construction, operation, maintenance,

828

expansion, promotion, or repair of harbor facilities, and

829

improvements at Port Canaveral or for the purpose of deepening,

830

widening, constructing, or repairing of slips, channels, turning

831

basins, bulkheads, seawalls, jetties, breakwaters, warehouses,

832

or wharves at Canaveral Port, or for the purpose of

833

constructing, maintaining, or repairing platforms, railroads,

834

and railroad facilities, and serve as common carriers; to

835

construct, maintain, and repair streets, roads, or avenues

836

surrounding or adjacent to Canaveral Port; provided that such

837

revenue certificates or revenue bonds hereby authorized to be

838

issued and outstanding shall not bear a higher rate of interest

839

than provided by general law which shall be payable

840

semiannually.

841

(b) The Port Authority is hereby authorized to secure said

842

revenue certificates or revenue bonds by a pledge of the

843

revenues of the port project, including revenues from all or any

844

part of the facilities connected therewith, owned and operated

845

by the Port Authority and in addition thereto, said revenue

846

certificates or revenue bonds may be secured by a lien on all or

847

any part of the personal properties of the Authority or the

848

District or the income derived therefrom, including the full

849

faith and credit of said Port District. Real property is

850

expressly excluded.

851

852

by resolution of the Port Authority, which resolution may be

853

adopted at any regular meeting by a vote of a majority of the

854

members thereof. The revenue certificates or revenue bonds

855

issued hereunder shall bear such rate or rates of interest not

856

exceeding that provided by general law; may be in one or more

857

series; may bear such date or dates; may mature at such time or

858

times not exceeding 30 years after their respective dates, in

859

such medium of payment, at such place or places; may carry such

860

registration privileges; may be subject to such terms of

861

redemption; may be in such form or forms; and may be executed in

862

such manner and contain such terms and conditions as the Port

863

Authority may prescribe. The revenue certificates or revenue

864

bonds herein provided for may be issued by the Port Authority

865

upon the Authority first adopting an appropriate resolution

866

authorizing such issuance and without the question of issuing

867

said revenue certificates or revenue bonds being first

868

authorized by an election held for such purpose, provided that

869

the amount to be issued and the purpose for which issued shall

870

be advertised for at least 30 days prior thereto by publication

871

in a newspaper published in said District, which notice shall be

872

published in 3 weekly issues of said paper.

873

Section 20. (a) The Port Authority is hereby further

874

authorized and empowered to issue revenue certificates or

875

revenue bonds authorized in section 19 of this act, supported by

876

an ad valorem tax, to be assessed against all the taxable

877

properties within the Port District for any of the purposes

878

mentioned in section 19 of this act.

879

(b) Before the issuance of any of the said revenue

880

certificates or revenue bonds, such issue shall be authorized by

881

resolution of the Port Authority; which said resolution shall

882

state the amount of the certificates or bonds proposed to be

883

issued, the purpose or purposes for which issued, the

884

denomination for such certificates or bonds, the rate of

885

interest the same are to bear, and the time, place, and

886

conditions when, where, and upon which said certificates or

887

bonds, and the interest thereon, shall become due and payable.

888

However, such certificates or bonds shall be issued only after

889

they have been first approved by a majority vote of the

890

qualified electors residing in the Canaveral Port District in an

891

election held within the territory constituting the Canaveral

892

Port District. Such resolution, so adopted, shall name a day

893

for the holding of such election, and said Port Authority shall

894

give at least 30 days' notice of said election by publication in

895

a newspaper published in said District, once a week for 4

896

consecutive weeks during said period of 30 days. Said notice

897

shall state the time of the election and the purpose of the

898

election, and said certificates or bonds shall be issued only

899

after the same shall have been authorized and ratified by a

900

majority of the votes cast in said election and a majority of

901

the qualified electors who reside in said Canaveral Port

902

District shall participate.

903

904

shall be entitled to vote in said election, which election shall

905

in all respects not herein expressly provided be called and held

906

and the result thereof determined in accordance with the

907

provisions of any applicable general statute now in force or

908

hereafter enacted. The place of voting in said election shall be

909

the same as the places for voting at the general elections

910

usually held within the territorial limits of said District.

911

Inspectors and clerks shall be appointed and qualified as in

912

case of general elections and they shall canvass the votes cast

913

and make due returns of the same without delay. Returns of said

914

elections shall be made to the Port Authority. It shall be the

915

duty of the Port Authority to cause to be prepared a sufficient

916

number of ballots to be used at such election, with such

917

description of said certificates or bonds to be voted on as the

918

Port Authority may prescribe. A separate statement giving the

919

amount of the certificate or bond issued and the interest

920

thereon, together with such other details as may be deemed

921

necessary or proper to inform the electors, shall be printed on

922

the ballots in connection with the question "FOR the Issuance of

923

Revenue Certificates or Revenue Bonds Supported by an Ad Valorem

924

Tax" and "AGAINST the Issuance of Revenue Certificates or

925

Revenue Bonds Supported by an Ad Valorem Tax." Directions to the

926

voters to express their choice by making an (x) mark in the

927

space to the right or the left of said question shall be stated

928

in the ballot. Said ballots shall be in form substantially as

929

follows:

930

931

Official Ballot Canaveral Port District SPECIAL ELECTION (Insert

932

Date) This election is held for the approval or disapproval of

933

the issuance of $_______________ of Revenue Certificates (or

934

Revenue Bonds) of Canaveral Port District, supported by an ad

935

valorem tax, bearing interest at the rate of __________

936

percentum per annum. Place a cross mark (x) in the space to the

937

left (or right) of the proposition of your choice. FOR issuance

938

of Revenue Certificates (or Revenue Bonds) of Canaveral Port

939

District in the amount of $_______________ supported by an ad

940

valorem tax to be issued against the taxable properties of the

941

District, bearing interest at the rate of __________ percentum

942

per annum, payable semiannually.

943

AGAINST Issuance of Revenue Certificates (or Revenue Bonds) of

944

Canaveral Port District in the amount of $_______________

945

supported by an ad valorem tax to be issued against the taxable

946

properties of the District, bearing interest at the rate of

947

__________ percentum per annum, payable semiannually.

948

949

If a majority of the votes cast in said election are in favor of

950

the issuance of said certificates or bonds, then the Canaveral

951

Port Authority shall be authorized to issue such certificates or

952

bonds in the amount specified in said resolution calling such

953

special election. The proceeds received therefrom shall be used

954

by the Authority for the purposes stated in said resolution.

955

(d) For the purpose of securing any of such revenue

956

certificates or revenue bonds, supported by an ad valorem tax,

957

authorized to be issued herein, the Port Authority, in addition

958

to pledging the net revenues and income of the Port Authority or

959

the Canaveral Port District, is hereby further authorized,

960

empowered, and directed to annually levy, assess, collect, and

961

enforce an ad valorem tax upon all the taxable property of the

962

Canaveral Port District, sufficient in amount to provide for the

963

payment of the interest to become due thereon and to provide for

964

a sinking fund sufficient in amount to discharge said

965

certificates or bonds at their respective maturities, which said

966

ad valorem tax so levied shall be in addition to all other taxes

967

provided herein.

968

(e) The Port Authority is additionally authorized and

969

empowered to borrow money at an interest rate not to exceed 7.5

970

percent per annum and maturity date not to exceed 1 year, from

971

any bank or other party, to create and maintain a sinking fund

972

for the payment as budgeted, of the principal and interest of

973

outstanding revenue certificates or revenue bonds; and to

974

execute its promissory note or notes therefor, signed in the

975

name of the Canaveral Port Authority by its Chair and its

976

Secretary and the corporate seal affixed thereto, all as

977

directed by the Board of Commissioners of the Canaveral Port

978

Authority, and said note or notes shall be payable from the

979

anticipated revenues to be derived from the previously levied

980

and assessed ad valorem tax as authorized in this section,

981

provided, however, such notes shall not exceed in any one year

982

75 percent of the current taxes levied in any one year by the

983

Port Authority for the payment of the interest and redemption of

984

the revenue bonds or revenue certificates of Canaveral Port

985

Authority currently becoming due.

986

Section 21. (a) The manner in which the Port Authority

987

shall exercise the levying, assessing, and collecting of any ad

988

valorem tax provided herein shall be as follows: The County

989

Property Appraiser of Brevard County, immediately after the tax

990

assessment of said county for any year after the passage of this

991

act has been reviewed and equalized by the Board of County

992

Commissioners of Brevard County, shall report in writing to the

993

Canaveral Port Authority the assessed valuation of all taxable

994

property within the territorial limits of the Canaveral Port

995

District, as assessed and equalized for state and county

996

taxation, and the Chief Financial Officer of the State of

997

Florida shall report to the Canaveral Port Authority at the time

998

he or she is, by law, required to report to the County Property

999

Appraiser of Brevard County the assessed valuation of all

1000

railroad lines, railroad property, telephone and telegraph

1001

lines, and telephone and telegraph properties within the

1002

Canaveral Port District, over which he or she has jurisdiction

1003

for valuation and assessment purposes and said assessed

1004

valuation, placed on said properties, shall be the valuation for

1005

taxation by the Port Authority.

1006

(b) The Port Authority shall, during each year, determine

1007

by resolution the total amount to be raised from ad valorem

1008

taxes levied and assessed upon all the taxable property located

1009

within said Canaveral Port District to provide funds sufficient

1010

in amount to pay the interest on said revenue certificates or

1011

revenue bonds, which are supported by an ad valorem tax, as such

1012

interest may become due; and also provide for a sinking fund

1013

sufficient in amount to discharge the principal of revenue

1014

certificates or revenue bonds at their respective maturities;

1015

and at the same time the Port Authority shall determine the

1016

amount to be required to pay the charges and costs for

1017

operation, maintenance, general administration, capital

1018

improvements, and the purchase of right-of-way. It shall adopt

1019

its resolution levying an ad valorem tax against all of the

1020

taxable property of the District sufficient to pay said

1021

interest, sinking fund, charges, and costs, which tax, if so

1022

levied, however, shall not exceed 3 mills on the dollar of

1023

assessed value in any one year.

1024

1025

the name of the Port Authority under the corporate seal of the

1026

Port Authority by its Chair, and attested by its Secretary,

1027

shall be made and delivered to the Board of County Commissioners

1028

of Brevard County and the Chief Financial Officer of the State

1029

of Florida, with all reasonable dispatch after the Port

1030

Authority has received the total valuation of all taxable

1031

properties to be assessed within the Canaveral Port District.

1032

Upon the receipt of such resolution by said Board of County

1033

Commissioners, it shall be the mandatory duty of said Board of

1034

County Commissioners to order and direct the County Property

1035

Appraiser of Brevard County to assess and levy, and the County

1036

Tax Collector of Brevard County to collect, the tax, at the rate

1037

fixed and determined by said resolution of the Port Authority,

1038

upon all taxable properties located within said Canaveral Port

1039

District, and said revenues and assessments so determined and

1040

made shall be included in the tax roll and warrant of said

1041

County Property Appraiser for each fiscal year hereafter. The

1042

said Tax Collector shall collect such taxes in the manner and at

1043

the same time as state and county taxes are collected and shall

1044

pay and remit the same upon the collection thereof to the Port

1045

Authority. It shall be the duty of the Chief Financial Officer

1046

of the State of Florida to assess and levy on all railroad lines

1047

and railroad property, all telephone and telegraph lines and

1048

telephone and telegraph property, and all other taxable property

1049

within his or her jurisdiction located within said Canaveral

1050

Port District a tax at the rate prescribed by said tax

1051

resolution of the Port Authority and to collect the said tax

1052

thereon in the same manner and at the same time as he or she is

1053

required by law to assess and collect such taxes for state and

1054

county purposes and pay and remit the same when collected to the

1055

Port Authority. All such taxes shall be disbursed and paid out

1056

by the Port Authority only for the purposes for which said taxes

1057

were levied, upon vouchers, checks, or warrants issued in such

1058

manner as the Port Authority, by resolution, may determine.

1059

(d) This act shall be full authority for the issuance of

1060

any of the revenue certificates and revenue bonds authorized

1061

herein, which said revenue certificates or revenue bonds shall

1062

have the qualities of negotiable paper under the law merchant

1063

and shall not be invalidated for any irregularity or defect in

1064

the proceedings for the issuance thereof and shall be

1065

incontestable in the hands of bona fide purchasers for value. No

1066

proceedings in respect to the issuance of any such revenue

1067

certificates or revenue bonds shall be necessary except such as

1068

required by this act; however, such revenue certificates or

1069

revenue bonds may be validated and confirmed in the way and

1070

manner contemplated and provided by the general laws and

1071

statutes of the state. The provisions of this act shall

1072

constitute an irrepealable contract between the Port Authority

1073

and the holders of any such revenue certificates or revenue

1074

bonds, and of the coupons thereof issued pursuant to the

1075

provisions hereof. Any holder of any of said revenue

1076

certificates or revenue bonds or coupons may, either at law or

1077

in equity, by suit, action, or mandamus, enforce and compel the

1078

performance of any of the duties required by this act of any of

1079

the officers or persons mentioned herein relating to said

1080

revenue certificates or revenue bonds, or the levying,

1081

assessing, and collection of the taxes provided for the payment

1082

thereof.

1083

(e) The provisions of sections 193.321 through 193.327,

1084

Florida Statutes, 1967, shall not apply, and are hereby

1085

specifically repealed as to the power and authority of the

1086

Canaveral Port Authority to levy, assess, collect, and enforce

1087

ad valorem taxes as set forth is this act.

1088

Section 22. (a) The Board of Commissioners of the

1089

Canaveral Port Authority, Brevard County, is authorized to

1090

provide life, health, accident, hospitalization, or all or any

1091

part of such insurance for Canaveral Port Authority officers and

1092

employees, upon a group insurance plan. The Board shall

1093

advertise for bids and shall award said group insurance to the

1094

lowest and best bidder, provided that if no bids are received,

1095

the Board shall have the discretion to contract for such

1096

insurance on such terms and conditions as it may deem desirable.

1097

(b) The Board of Commissioners of the Canaveral Port

1098

Authority is authorized to pay all or any portion of the

1099

premiums for such group insurance as an operating expense. The

1100

said Board is further authorized to deduct periodically from the

1101

wages of any officer or employee, upon the written request of

1102

such officer or employee, any premium or portion of premium for

1103

any such insurance.

1104

Section 23. (a) Section 253.126, Florida Statutes, is

1105

hereby specifically repealed as to the Canaveral Port Authority.

1106

(b) The Canaveral Port Authority is granted the power and

1107

authority to establish bulkhead lines, authorize dredging and

1108

filling, and have jurisdiction under chapter 253, Florida

1109

Statutes, as to the lands and waters under the jurisdiction of

1110

the Canaveral Port Authority in lieu of the Board of County

1111

Commissioners.

1112

1113

Canaveral Port Authority shall comply with all applicable

1114

provisions of chapter 253, Florida Statutes, to the same extent

1115

as a Board of County Commissioners would comply with such

1116

provisions under the same circumstances.

1117

Section 24. To comprehensively plan for urban and rural

1118

transportation needs and to comprehensively plan for the use of

1119

the lands, resources, and waters under its jurisdiction; to

1120

participate in such planning with other public agencies as

1121

defined in chapter 163, Florida Statutes; and to enter into

1122

interlocal governmental agreements (including, without

1123

limitation by this specific reference, Metropolitan Planning

1124

Organizations contemplated under 23 U.S.C. section 134 and the

1125

Urban Mass Transportation Act of 1964) in such transportation

1126

and real property fields.

1127

ARTICLE V. Port Commissioners

1128

Section 1. The governing authority of the Canaveral Port

1129

District is hereby created and shall be designated as the

1130

Canaveral Port Authority, and shall consist of five Port

1131

Commissioners, one Port Commissioner from each Commissioner Port

1132

District, who shall be a qualified elector and reside within the

1133

Commissioner Port District from which he or she is appointed or

1134

nominated and elected. All Port Commissioners shall be elected

1135

for 4-year terms, and said terms shall be arranged so that three

1136

Port Commissioners are elected at one general election and two

1137

Port Commissioners elected at the next ensuing general election.

1138

The term of office of each Port Commissioner shall commence on

1139

the first Tuesday after the first Monday in January following

1140

his or her election.

1141

Section 2. (a) Each Commissioner Port District shall be a

1142

residency district for all elections hereunder. The five Port

1143

Commissioners shall be nominated in the general primary and

1144

elected in the general election held in each Commissioner Port

1145

District next ensuing and at all subsequent general primaries

1146

and general elections thereafter upon the official county

1147

ballots.

1148

(b) Nomination of candidates shall be made by residency

1149

districts at the primary elections, by the various political

1150

parties, as the general laws of Florida provide for County

1151

Commissioners for Brevard County, at which primary elections the

1152

electors of the Canaveral Port District at large who are

1153

qualified to vote in such primary elections shall be entitled to

1154

vote. The Board of County Commissioners shall not print the name

1155

of any person as a candidate on the ballots for general

1156

elections unless he or she shall have been so nominated.

1157

1158

pay the same filing fee to the Clerk of the Board of County

1159

Commissioners; file in the same manner the like oaths, sworn

1160

statements, and receipts for party assessments; be governed by

1161

the same restrictions; be subject to like party assessments by

1162

the County Executive Committees of the respective political

1163

parties; and in all respects comply with the general laws of

1164

Florida governing candidates for Board of County Commissioners

1165

in primaries.

1166

(d) Elections of candidates shall be at general elections

1167

as provided by the general laws of Florida, at which general

1168

elections all qualified electors residing within the Canaveral

1169

Port District shall be entitled to vote.

1170

Section 3. Any vacancy occurring on or in the said Board

1171

of Commissioners of the Port Authority, whether caused by

1172

resignation, refusal, death, or the unconstitutionality of any

1173

part of this act, or for or on account of any other reason

1174

whatsoever, shall be filled for the unexpired portion of the

1175

corresponding term, or until the next ensuing general election,

1176

whichever may come sooner, by appointment by the Governor.

1177

Section 4. Every Port Commissioner, before he or she

1178

assumes office, shall be required to make oath that he or she

1179

will faithfully discharge the duties of his or her office and

1180

uphold and defend the laws and the Constitution of the State of

1181

Florida and give good and sufficient surety bond payable to the

1182

Governor for the use and benefit of the Canaveral Port Authority

1183

in the sum of $2,000, conditioned for the faithful performance

1184

of the duties of his or her office, said bond to be approved by

1185

the Canaveral Port Authority and filed with the Secretary of

1186

State. Any and all premiums of the surety bonds shall be paid by

1187

the Port Authority as a necessary expense of said District.

1188

Section 5. As soon as practicable after the newly

1189

appointed or elected Port Commissioners shall have qualified,

1190

they shall meet and organize by the selection from among

1191

themselves of a Chair and a Vice-Chair, and shall also elect a

1192

Secretary and a Treasurer, provided, however, that the latter

1193

two offices may be held by one person and such person may or may

1194

not be a member of said Authority. A majority of the duly

1195

qualified members shall constitute a quorum. The Chair and the

1196

Secretary, if the latter be a member of said Port Authority,

1197

shall be entitled to vote at all meetings. Being a Port

1198

Commissioner of the Canaveral Port Authority shall not

1199

disqualify such Port Commissioner from holding any municipal,

1200

county, or state office.

1201

Section 6. The annual salary allowance of each Port

1202

Commissioner shall be determined and adopted by the Board of

1203

Commissioners of the Canaveral Port Authority at the regular

1204

meeting held in September 2003, to be effective commencing

1205

October 1, 2003. The salary allowance established in September

1206

2003, shall not exceed the average annual salary paid to Port

1207

Commissioners of those other special district seaports which

1208

have an established annual salary for Port Commissioners. The

1209

salary allowance shall be payable monthly and apply to all

1210

services rendered by each Port Commissioner under this act. The

1211

salary allowance adopted as provided herein may be adjusted

1212

annually by the Board of Commissioners of the Canaveral Port

1213

Authority; however, any increase in the annual salary allowance

1214

shall not exceed the average percentage increase in the salaries

1215

of state career service employees as determined pursuant to

1216

section 145.19, Florida Statutes, for the fiscal year just

1217

concluded.

1218

Section 7. All meetings of the said Port Authority shall

1219

be open to the public and shall be held at the office of the

1220

Port Authority. Records of all business transacted by the Port

1221

Authority shall be kept and preserved in substantial Minute

1222

Books by the Secretary as a permanent record, and the Minute

1223

Books or excerpts therefrom, duly certified by the Secretary

1224

under the seal of the Port Authority, shall be prima facie

1225

evidence in all courts of the proceedings of the Port Authority.

1226

The Port Authority shall have power to prescribe by resolution

1227

rules for the conduct of its meetings not inconsistent herewith.

1228

Section 8. The expense accounts of Port Commissioners and

1229

employees shall be itemized in writing and submitted to the Port

1230

Authority in session.

1231

ARTICLE VI. Additional Powers

1232

Section 1. The Canaveral Port Authority shall have the

1233

power to impose a franchise or excise tax upon businesses and

1234

occupations carried on or operated under and by virtue of any

1235

franchise or franchises granted by the Port Authority in a sum

1236

equal to 0.5 percent of the gross receipts of such businesses or

1237

occupations. The administration of this section and the

1238

collection of this franchise tax are hereby vested in the

1239

Canaveral Port Authority, and said Port Authority is authorized

1240

to make, promulgate, and enforce such reasonable rules and

1241

regulations relating to the administration and enforcement of

1242

this law and the collection of said franchise tax as may be

1243

deemed expedient, independently of all other remedies and

1244

proceedings authorized by law for the enforcement and collection

1245

of said franchise tax, a right of action, by suit in the name of

1246

the Canaveral Port Authority, is hereby created; and such suit

1247

may be maintained and prosecuted, and all proceedings taken, to

1248

the same effect and extent as for the enforcement of a right of

1249

action for debt or assumpsit, or substitute forms of action

1250

therefor, and any and all remedies available in such actions

1251

including attachment and garnishment shall be and are hereby

1252

made available to the said Canaveral Port Authority in the

1253

enforcement of the payment of any franchise tax accruing

1254

hereunder, provided that the Port Authority shall not be

1255

required to post bond in any such actions or proceedings.

1256

Section 2. In the further interest of the advancement,

1257

promotion, regulation, and control of Port Canaveral, and in the

1258

interest of safety, order, convenience, and the general welfare

1259

of the public, the Port Authority is authorized and empowered to

1260

adopt a plan or plans, and amend the same from time to time, for

1261

the zoning of the Harbor area for the purpose of regulating the

1262

location and establishment of trades, industries, and

1263

manufacturing establishments and other use of the property

1264

within said Port Canaveral.

1265

ARTICLE VII. Personnel

1266

Section 1. The Port Authority may appoint a Port Manager,

1267

who, under the direction and supervision of the Port Authority,

1268

shall be the administration head of the Port District and Port

1269

Authority, and he or she shall hold office at the pleasure of

1270

the Port Authority. The Port Manager shall be chosen solely on

1271

the basis of his or her experience and executive and

1272

administrative ability and any other qualifications the Port

1273

Authority may require.

1274

Section 2. The Port Manager shall have such duties and

1275

authority in the administration, maintenance, expansion, and

1276

operation of Port Canaveral as the Port Authority shall assign

1277

to him or her, including the promotion of the business and

1278

affairs of Port Canaveral including, but not limited to, travel

1279

to and from meetings of industrialists in convention or by

1280

industry, necessary subsistence, entertainment of business

1281

guests at Port Canaveral or elsewhere, within or without the

1282

state, and meals for staff members at regular or special

1283

meetings of the Port Authority, and shall ratify past such

1284

expenditures. The Port Manager shall keep and maintain an

1285

account of the expenses involved in the performance of his or

1286

her duties and submit the same to the Port Authority for

1287

approval at any regular meeting.

1288

Section 3. The Port Manager shall receive such

1289

compensation as may be agreed.

1290

Section 4. Official travel authorized by the Canaveral

1291

Port Authority shall be reimbursed by the Authority in

1292

accordance with the following provisions:

1293

(a) All official travel performed within the state shall

1294

be reimbursable in accordance with section 112.061, Florida

1295

Statutes.

1296

(b) Official travel outside of the state but within the

1297

continental United States shall be reimbursable in accordance

1298

with section 112.061, Florida Statutes, with the exception of

1299

the reimbursement rates for meals. The reimbursement rates for

1300

meals shall be as follows:

1301

1302

1. Breakfast$5.00.

1303

2. Lunch$11.00.

1304

3. Dinner$22.00.

1305

1306

On October 1 of each year, the above meal rates will be adjusted

1307

by the Consumer Price Index, "All urban consumers, food away

1308

from home," by the change in the 12-month period preceding

1309

October 1.

1310

1311

States shall be reimbursable in accordance with section 112.061,

1312

Florida Statutes, with the exception of meals. The reimbursement

1313

rates for meals shall be in accordance with the United States

1314

Department of State Standardized Regulations, Per diem

1315

Supplement for all foreign areas. Once the daily meal rate has

1316

been determined by the applicable travel location, the following

1317

percentage rates will apply to the maximum daily rate allowed:

1318

1319

1. Breakfast14% of daily maximum rate.

1320

2. Lunch28% of daily maximum rate.

1321

3. Dinner58% of daily maximum rate.

1322

1323

ARTICLE VIII. Levy of Taxes

1324

Section 1. The Port Authority shall not, during any one

1325

year, levy a tax in any greater sum or amount than shall be

1326

necessary for the following purposes:

1327

(a) A tax not exceeding 3 mills on the dollar of the total

1328

assessed valuations of all taxable property, both real and

1329

personal, within said Canaveral Port District for each year.

1330

Said tax shall constitute an Administration Fund for the

1331

operation, maintenance, and general administration expenses, and

1332

for the purchase of rights-of-way.

1333

(b) A tax for the purpose of paying the principal and

1334

interest on revenue certificates and revenue bonds outstanding,

1335

and for the proper sinking funds for the protection thereof, and

1336

not exceeding in the aggregate the sum of $7,500,000 in

1337

principal, as the same severally mature in accordance with their

1338

tenor.

1339

Section 2. At the time of the adoption of the tax

1340

resolution as provided hereinabove, the Port Authority shall

1341

prepare and adopt a financial budget for the ensuing fiscal

1342

year. Said budget shall contain an estimate of all items of

1343

expenditure contemplated or anticipated for the ensuing fiscal

1344

year, and an estimate of all sources of revenue. Said budget

1345

shall be spread upon the permanent records of the Port

1346

Authority.

1347

Section 3. All revenues received by the Port Authority

1348

from the operation of Port Canaveral, other than specifically

1349

pledged, shall be paid into the Administration Fund and be used

1350

for operation, expansion, maintenance, and general

1351

administration purposes and expenses, and for the purchase of

1352

rights-of-way. Any part of the Administration Fund remaining

1353

unused or unpledged at the close of each fiscal year may, in the

1354

discretion of the Port Authority, be transferred to the sinking

1355

fund maintained for bonds, or to purchase obligations of the

1356

Port Authority at the lowest market price.

1357

ARTICLE IX. Prohibitions

1358

Section 1. No member of the Port Authority or other

1359

officer or employee shall purchase supplies, goods, or materials

1360

for use by the Port District or Port Authority from himself or

1361

herself or from any firm or corporation in which he or she is

1362

interested, directly or indirectly, nor in any manner share in

1363

the proceeds of such purchases. The Port Authority shall not be

1364

obligated for the purchase price of such supplies, goods, or

1365

materials so purchased. No Port Commissioner or other officer or

1366

employee shall bid or enter into or be in any manner interested

1367

in any contract for public work to which the said Port Authority

1368

may be a party. Any Port Commissioner who shall violate the

1369

provisions hereof shall be deemed guilty of malfeasance in

1370

office, provided that no Port Commissioner who shall have

1371

recorded his or her vote against the letting of such contract or

1372

against such illegal purchase or who shall have been absent at

1373

the taking of the vote thereon shall be deemed guilty of a

1374

violation of this provision. All moneys or things of value paid

1375

or delivered pursuant to such contract or purchase may be

1376

recovered by the Port Authority.

1377

ARTICLE X. Notification of Claims

1378

Section 1. Every claim, whether ex contractu or ex

1379

delicto, whether liquidated or unliquidated, whether vested or

1380

contingent, against the Port Authority or Canaveral Port

1381

District shall be filed, signed by the claimant or his or her

1382

duly authorized agent, with the Port Authority within 3 months

1383

after the time said claim shall become due or arise, and shall

1384

be barred if not so filed; said writing representing said claim

1385

shall, as particularly as is known to the claimant, set out the

1386

details of said claim and specify the names of the witnesses, if

1387

any, whom the claimant relies upon to support his or her claim.

1388

ARTICLE XI. Statute of Limitations

1389

Section 1. No statute heretofore or hereafter enacted by

1390

the Legislature, prescribing and fixing the time in which action

1391

shall be brought, and commonly known as the "Statute of

1392

Limitations," shall apply to any action, suit, or proceeding

1393

instituted and prosecuted by the Port Authority or the Canaveral

1394

Port District.

1395

ARTICLE XII. Exemption From Taxation

1396

Section 1. All property, real and personal, tangible and

1397

intangible, now owned or hereinafter acquired and held by the

1398

Canaveral Port Authority, the governing authority of the

1399

Canaveral Port District, shall be exempt from all taxation

1400

levied and assessed pursuant to the Constitution and laws of the

1401

State of Florida by any taxing unit.

1402

ARTICLE XIII. Exemption From Judgment Liens

1403

Section 1. No judgment or decree, writ of execution, or

1404

any other writ issued or tendered against the said Canaveral

1405

Port Authority shall be a lien upon the real or personal

1406

property now owned or hereafter acquired and held by the said

1407

Port Authority. All property, both real and personal, tangible

1408

and intangible, now owned or hereafter acquired and held by the

1409

said Port Authority shall be exempt from sale, under writ of

1410

execution and any other judicial sale.

1411

ARTICLE XIV. Appeals Bond

1412

Section 1. The Port Authority and Canaveral Port District

1413

shall not be required to execute, give, or file any bond

1414

required by law to be filed in an attachment, injunction,

1415

receivership, garnishment, or replevin proceedings, or in the

1416

prosecution of an appeal or writ of error. The Canaveral Port

1417

District and Port Authority may supersede any appealable

1418

judgment, decree, or order rendered in any of the courts within

1419

the state, of which it feels aggrieved, by prosecuting an appeal

1420

or writ of error therefrom, pursuant to law, without giving or

1421

filing a supersedeas bond as otherwise required by law.

1422

ARTICLE XV. Removal of Port Commissioners by Governor

1423

Section 1. No court shall have the power or jurisdiction

1424

to appoint any officer of the court to exercise the duties and

1425

powers of the Port Authority or any Port Commissioner. In the

1426

event any Port Commissioner shall be guilty of intentional and

1427

willful malfeasance, nonfeasance, or misfeasance in office, or

1428

commission of a felony, he or she shall be subject to be removed

1429

by the Governor in the manner provided for the removal of county

1430

officers.

1431

ARTICLE XVI. Inspection of Books and Records

1432

Section 1. The books, audits, and records of the Port

1433

Authority shall at all reasonable hours on regular business days

1434

be open to inspection as provided by law. All moneys of the Port

1435

Authority shall be at all times kept fully and adequately

1436

secured.

1437

Section 2. The books and public records of the Port

1438

Authority shall be audited by the State Auditing Department at

1439

the time the books of the county officials of Brevard County are

1440

audited.

1441

Section 3. The fiscal year of the Port Authority shall

1442

begin October 1 of each year and end September 30 of each year.

1443

ARTICLE XVII. Contracts; Competition

1444

Section 1. No contract shall be let by the Port Authority

1445

for any construction, improvement, repair, or building, nor

1446

shall any goods, supplies, or materials for Canaveral Port

1447

District purposes or uses be purchased when the amount to be

1448

paid by the Canaveral Port District or the Port Authority shall

1449

exceed $15,000, unless notice thereof shall be advertised at

1450

least three times, once each week for 3 consecutive weeks in a

1451

newspaper of general circulation in the Canaveral Port District,

1452

calling for bids upon the work to be done or the goods,

1453

supplies, or materials to be purchased by the Port Authority,

1454

and in each case the bid of the lowest responsible bidder shall

1455

be accepted, unless the Port Authority may, in its discretion,

1456

reject all bids. The Port Authority may also require the deposit

1457

of cash or a certified check, not to exceed $1,000 or 15 percent

1458

of the bid, as evidence of good faith on the part of the

1459

bidders, such deposit to be returned when the bid is rejected or

1460

performance bond deposited or contract completed. All other

1461

things being equal, preference shall be given by the Port

1462

Authority in making all purchases and the letting of all

1463

contracts to residents of the Canaveral Port District.

1464

Section 2. In the event it is reasonably expected that the

1465

cost amount of a contract under section 1 of this article shall

1466

be greater than $5,000 but less than $15,000, then the Port

1467

Manager or his or her designee shall do the following:

1468

(a) Obtain at least three telephonic bid offers to perform

1469

such work or furnish such property from at least three

1470

independent persons or business entities responsible in the

1471

subject business endeavor under consideration.

1472

(b) Make a record of the offers.

1473

1474

contract to the lowest responsible bidder of those solicited as

1475

provided in this article.

1476

Section 3. In lieu of the competitive bid requirements set

1477

forth in sections 1 and 2 of this article, the Port Authority

1478

may utilize purchase agreements or contracts of any state

1479

agency, county, school board, or municipality, or of the Federal

1480

Government or its agencies, which agreements or contracts have

1481

been competitively bid for the purchase of goods, supplies, or

1482

materials for Canaveral Port District purposes.

1483

ARTICLE XVIII. Leases and Encumbrances

1484

Section 1. Whether an election shall be required to be

1485

held to decide whether or not a lease for more than 10 years, or

1486

an encumbrance for more than $10,000 for a period of more than 5

1487

years of or against the land, personal properties, or facilities

1488

of the Port Authority, shall be in accordance with the

1489

provisions of Article IV, Section 16, subsection (c)

1490

hereinabove; however, no lease shall exceed an initial period of

1491

50 years or any renewal or renewals thereof, excepting leases

1492

for the purpose of the construction and development of hotels,

1493

convention centers, festive market places, and world trade

1494

centers, which lease shall not exceed an initial period of 99

1495

years or any renewal or renewals thereof. If an encumbrance

1496

exceeds $100,000, a referendum as provided for in Article IV,

1497

Section 16, subsection (c) shall be required when said

1498

referendum is requested by a petition bearing the signatures of

1499

1 percent of the qualified electors.

1500

Section 2. It shall be the duty of the Port Authority to

1501

give at least 30 days' notice of any such election by

1502

publication in a newspaper published within said Canaveral Port

1503

District for at least 30 days prior to the date of said

1504

election, which notice shall be published once a week for 4

1505

consecutive weekly issues.

1506

Section 3. Said notice shall state the description of the

1507

lands, personal properties, or facilities to be leased or

1508

encumbered and the sum to be received by the Port Authority

1509

therefor.

1510

Section 4. All qualified electors residing in the

1511

Canaveral Port District shall be entitled to vote in said

1512

election, which election shall in all respects not herein

1513

expressly provided be called and held and the results thereof

1514

determined in accordance with the provisions of any applicable

1515

general statute of the state now in force or hereafter enacted.

1516

The places for voting in said election shall be the same as the

1517

places for voting at the general elections usually held within

1518

the territorial limits of the Canaveral Port District.

1519

Inspectors and clerks shall be appointed and qualified as in

1520

case of general elections, and they shall canvass the votes cast

1521

and make due returns of the same without delay. The returns of

1522

said election shall be made to the Port Authority.

1523

Section 5. It shall be the duty of the Port Authority to

1524

cause to be prepared a sufficient number of ballots to be used

1525

at such elections with such description of the lands, personal

1526

properties, or facilities to be leased or encumbered and the sum

1527

to be received therefor; a description of the purposes therefor;

1528

and the amount and rate of interest, together with other

1529

details, to be voted on.

1530

Section 6. Said ballots shall be in form substantially as

1531

follows:

1532

1533

OFFICIAL BALLOT

1534

CANAVERAL PORT DISTRICT

1535

Special election (Insert date)

1536

This election is held for the approval or disapproval of (insert

1537

subject matter),

1538

Place a cross (x) mark in the space to the left of the proposition

1539

of your choice.

1540

( ) FOR (insert subject matter)

1541

( ) AGAINST (insert subject matter)

1542

1543

Section 7. If a majority of the qualified electors

1544

residing in said Canaveral Port District who shall participate

1545

in such election shall cast their votes in favor of the

1546

execution and delivery of the lease of the encumbrance, it shall

1547

become the duty of the Canaveral Port Authority to execute and

1548

deliver the lease or the encumbrance as authorized in said

1549

election.

1550

ARTICLE XIX. Severability Clause

1551

Section 1. If any section, subsection, paragraph,

1552

subparagraph, sentence, clause, or phrase of this act is, for

1553

any reason, held to be unconstitutional or invalid, such holding

1554

shall not affect the validity of the remaining portions of this

1555

act, the Legislature hereby declaring that it would have enacted

1556

this act and each and every section, subsection, paragraph,

1557

subparagraph, sentence, clause, and phrase thereof, irrespective

1558

of the fact that any one or more of the sections, subsections,

1559

paragraphs, subparagraphs, sentences, clauses, or phrases

1560

thereof may be declared to be unconstitutional or otherwise

1561

ineffective.

1562

ARTICLE XX. Declaration of Public Purposes

1563

Section 1. It is hereby determined and declared by the

1564

Legislature that all of the powers conferred upon the District

1565

by this act and the exercise of such powers constitute and are

1566

proper public purposes and are for the welfare and benefit of

1567

the District and its inhabitants.

1568

Section 2. The provisions of this act shall be liberally

1569

construed to effectuate the purposes set forth herein.

1570

Section 4. Chapters 28922 (1953), 30606 (1955), 57-1178,

1571

59-1093, 65-1286, 65-1287, 67-1131, 67-1144, 69-857, 69-868, 70-

1572

592, 70-601, 74-426, 74-427, 74-428, 75-335, 75-341, 76-326, 76-

1573

327, 78-471, 79-430, 80-455, 82-266, 84-394, 87-431, 88-483, 89-

1574

408, 89-553, 94-436, 95-465, and 2000-418, Laws of Florida, are

1575

repealed.

1576

Section 5. All other laws, or parts thereof, inconsistent

1577

herewith are hereby declared to be inapplicable to the

1578

provisions of this act.

1579

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