Bill Text: HB 0597

HB 0597

2003

CHAMBER ACTION

The Committee on Judiciary recommends the following:

Committee Substitute

Remove the entire bill and insert:

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; 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reenacted, amended, and repealed as herein provided.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

100

centerline of Barna Avenue;

101

Thence southerly along said centerline to the centerline

102

of Cheney Highway (State Road 50);

103

Thence westerly along said centerline to the centerline

104

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

105

between Brevard and Orange Counties;

106

Thence meander northerly along said centerline of the St.

107

Johns River to the intersection of the Volusia, Brevard,

108

Orange and Seminole County lines, said point also lying

109

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

110

Thence easterly along said South line of Township 21

111

South, also being the county line between Brevard and

112

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

113

Thence northerly along said East line, also being the

114

county line between Brevard and Volusia Counties, to the

115

North line of Township 20 South, also being the Northwest

116

corner of Brevard County;

117

Thence easterly along said North Township line to the

118

point of beginning.

119

120

(b) District 2: Beginning at the intersection of

121

the easterly projection of Buffalo Road, in Section 34,

122

Township 21 South, Range 35 East and the centerline of

123

the Intracoastal Waterway of the Indian River;

124

Thence southerly along said centerline to easterly

125

projection of the centerline of Kings Highway;

126

Thence westerly along said centerline to the centerline

127

of Grissom Parkway (Tulsa Boulevard);

128

Thence southerly along said centerline to the centerline

129

of Ranch Road;

130

Thence westerly along said centerline to the centerline

131

of Interstate 95;

132

Thence southerly along said centerline to the centerline

133

of Fay Boulevard;

134

Thence easterly along said centerline to the centerline

135

of the Florida East Coast Railway;

136

Thence southerly along said centerline to the centerline

137

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

138

Range 35 East;

139

Thence easterly along said centerline and its easterly

140

projection to the centerline of the Intracoastal Waterway

141

of the Indian River;

142

Thence southerly along said centerline to the centerline

143

of the Beeline Expressway (State Road 528);

144

Thence westerly along said centerline to the East line of

145

Section 13, Township 24 South, Range 35 East;

146

Thence southerly along said east line to the North right

147

of way line of North Road;

148

Thence northwesterly along said right of way line to the

149

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

150

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

151

Florida;

152

Thence southerly along said West line to the North right

153

of way line of London Boulevard;

154

Thence westerly along said North right of way line to the

155

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

156

in Plat Book 21 page 10, Public Records of Brevard

157

County, Florida;

158

Thence northeasterly, northwesterly, westerly, and

159

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

160

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

161

said point also being the North line of Cocoa North

162

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

163

Public Records of Brevard County, Florida;

164

Thence westerly along said South line to the North-South

165

midsection line of said Section 13;

166

Thence southerly along said North-South midsection line

167

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

168

Thence westerly along said East-West midsection line(said

169

line also being the North line of Cocoa North

170

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

171

Public Records of Brevard County, Florida) the to the

172

centerline of Cox Road;

173

Thence southerly along said centerline to the North line

174

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

175

Section 23, Township 24 South, Range 35 East;

176

Thence westerly along said North line to the West line of

177

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

178

Thence southerly along said West line to the South line

179

of the N 1/4 of said Section 23;

180

Thence westerly along said South line to the North-South

181

Midsection line of said Section 23;

182

Thence southerly along said North-South Midsection line

183

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

184

Thence easterly along said East-West Midsection line to

185

the centerline of State Road 524;

186

Thence northeasterly along said centerline to the

187

centerline of Cox Road;

188

Thence southerly along said centerline to the centerline

189

of Lake Drive;

190

Thence easterly along said centerline to the centerline

191

of Clearlake Road (State Road 501);

192

Thence southerly along said centerline to the centerline

193

of Pluckebaum Road;

194

Thence westerly along said centerline to the centerline

195

of Interstate 95;

196

Thence southeasterly along said centerline to the

197

centerline of Rockledge Creek;

198

Thence westerly along said centerline and its westerly

199

projection to the centerline of Lake Poinsett;

200

Thence meander westerly along said centerline to the

201

southwesterly projection of the centerline of State Road

202

524;

203

Thence northeasterly along said centerline and its

204

southwesterly projection to the centerline of State Road

205

520;

206

Thence westerly along said centerline to the centerline

207

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

208

between Brevard and Orange Counties;

209

Thence meander northerly along said centerline to the

210

centerline of Cheney Highway (State Road 50)

211

Thence easterly along said centerline to the centerline

212

of Barna Avenue;

213

Thence northerly along said centerline to the centerline

214

of Knox McRae Avenue;

215

Thence southeasterly along said centerline to the

216

centerline of Rosehill Avenue, in Section 22, Township 22

217

South, Range 35 East;

218

Thence southerly along said centerline to the centerline

219

of Cheney Highway (State Road 50);

220

Thence easterly along said centerline to the centerline

221

of the Florida East Coast Railway;

222

Thence northerly along said centerline to the centerline

223

of Harrison Street;

224

Thence westerly along said centerline to the centerline

225

of Barna Avenue;

226

Thence northerly along said centerline to the centerline

227

of Park Avenue (Old State Road 405);

228

Thence northerly along said centerline to the centerline

229

of Garden Street (State Road 406);

230

Thence westerly along said centerline to the East line of

231

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

232

Thence northerly along said east line to the centerline

233

of Malinda Lane;

234

Thence easterly along said centerline to the centerline

235

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

236

Thence northerly along said centerline to the centerline

237

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

238

35 East;

239

Thence easterly along said centerline and its easterly

240

projection to the point of beginning.

241

242

243

the centerline of the Intracoastal Waterway of the Indian

244

River and the centerline of the Beeline Expressway (State

245

Road 528);

246

Thence southerly along said centerline of the

247

Intracoastal Waterway to the South line of Township 25

248

South;

249

Thence westerly along said South line to the West line of

250

Range 35 East, also being the county line between Osceola

251

and Brevard Counties;

252

Thence northerly along said West line intersection of the

253

Brevard, Orange and Osceola County lines;

254

Thence northerly along said Brevard and Orange County

255

line to the centerline of State Road 520;

256

Thence easterly along said centerline to the centerline

257

of State Road 524;

258

Thence southwesterly along said centerline and its

259

southwesterly projection to the centerline of Lake

260

Poinsett;

261

Thence easterly along said centerline to the westerly

262

projection of the centerline of Rockledge Creek;

263

Thence easterly along said centerline and its westerly

264

projection to the centerline of Interstate 95;

265

Thence northwesterly along said centerline to the

266

centerline of Pluckebaum Road;

267

Thence easterly along said centerline to the centerline

268

of Clearlake Road (State Road 501);

269

Thence northerly along said centerline to the centerline

270

of Lake Drive;

271

Thence westerly along said centerline to the centerline

272

of Cox Road;

273

Thence northerly along said centerline to the centerline

274

of State Road 524;

275

Thence southwesterly along said centerline to the East-

276

West Midsection line of Section 23, Township 24 South,

277

Range 35 East;

278

Thence westerly along said East-West Midsection line to

279

the North-South Midsection line of said Section 23;

280

Thence northerly along said North-South Midsection line

281

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

282

Thence easterly along said South line to the West line of

283

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

284

Thence northerly along said West line to the North line

285

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

286

said Section 23;

287

Thence easterly along said North line to the centerline

288

of Cox Road;

289

Thence northerly along said centerline to the East-West

290

Midsection line of Section 13, Township 24 South, Range

291

35 East;

292

Thence easterly along said East-West Midsection line to

293

the North-South Midsection line of said Section 13;

294

Thence northerly along said North-South Midsection line

295

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

296

line also being the North line of Cocoa North

297

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

298

Public Records of Brevard County, Florida;

299

Thence easterly along said South line to the West line of

300

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

301

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

302

Thence southerly, easterly, southeasterly and

303

southwesterly along said West line to the North right of

304

way line of London Boulevard;

305

Thence easterly along said North right of way line to the

306

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

307

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

308

Florida;

309

Thence northerly along said West line and its northerly

310

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

311

Thence southeasterly along said North right of way line

312

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

313

35 East;

314

Thence northerly along said East line to the centerline

315

of the Beeline Expressway (State Road 528)

316

Thence westerly along said centerline to the point of

317

beginning.

318

319

(d) District 4: Beginning at the intersection of

320

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

321

the Mean High Water Line of the Atlantic Ocean;

322

Thence southerly along said Mean High Water Line to the

323

centerline of the Canaveral Port Authority Main Channel;

324

Thence westerly along said centerline to the centerline

325

of the Banana River;

326

Thence southerly along said centerline to the easterly

327

projection of the centerline of Morningside Drive, in

328

Section 30, Township 24 South, Range 37 East;

329

Thence westerly along said easterly projection and

330

centerline to the centerline of North Banana River Drive;

331

Thence northerly along said centerline to the South line

332

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

333

page 65, Public Records of Brevard County, Florida;

334

Thence westerly along said South line and its westerly

335

projection to the centerline of Sykes Creek;

336

Thence southerly along said centerline to the centerline

337

of Merritt Island Causeway (State Road 520);Thence

338

westerly along said centerline to the centerline of

339

Plumosa Street;

340

Thence northerly along said centerline to the centerline

341

of LeJeune Boulevard;

342

Thence northwesterly along said centerline to the

343

centerline of Palmetto Avenue;

344

Thence northeasterly along said centerline to the

345

centerline of East Merritt Avenue;

346

Thence westerly along said centerline to the centerline

347

of Fourth Street;

348

Thence northerly along said centerline to the centerline

349

of Alabama Avenue;

350

Thence westerly along said centerline to the centerline

351

of Fourth Place;

352

Thence northerly along said centerline to the centerline

353

of Needle Boulevard;

354

Thence westerly along said centerline to the centerline

355

of North Courtenay Parkway;

356

Thence southerly along said centerline to the centerline

357

of Merritt Avenue;

358

Thence westerly along said centerline and its westerly

359

projection to the centerline of the Intracoastal Waterway

360

of the Indian River;

361

Thence northerly along said centerline to the easterly

362

projection of the centerline of Broadway Boulevard, in

363

Section 30, Township 23 South, Range 36 East;

364

365

Thence westerly along said easterly projection and

366

centerline to the centerline of the Florida East Coast

367

Railway;

368

Thence northerly along said centerline to the centerline

369

of Fay Boulevard;

370

Thence westerly along said centerline to the centerline

371

of Interstate 95;

372

Thence northerly along said centerline to the centerline

373

of Ranch Road;

374

Thence easterly along said centerline to the centerline

375

of Grissom Parkway (Tulsa Highway);Thence northerly along

376

said centerline to the centerline of Kings Highway;

377

Thence easterly along said centerline and its easterly

378

projection to the centerline of the Intracoastal Waterway

379

of the Indian River;

380

Thence northerly along said centerline to the South line

381

of Township 22 South;

382

Thence easterly along said South line to the point of

383

beginning.

384

385

(e) District 5: Beginning at the intersection of

386

the centerline of the Canaveral Port Authority Main

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Channel and the Mean High Water Line of the Atlantic

388

Ocean;

389

Thence meander southerly along said Mean High Water Line

390

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

391

the South line of Orlando Beach Subdivision as recorded

392

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

393

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

394

Thence westerly along said North line to the centerline

395

of the Banana River;

396

Thence southerly along said centerline to the South line

397

of Township 25 South;

398

Thence westerly along said South line to the centerline

399

of the Intracoastal Waterway of the Indian River;

400

Thence northerly along said centerline to the westerly

401

projection of the centerline of West Merritt Avenue, said

402

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

403

South, Range 36 East;

404

Thence easterly along said westerly projection and

405

centerline to the centerline of North Courtenay Parkway;

406

Thence northerly along said centerline to the centerline

407

of Needle Boulevard;

408

Thence easterly along said centerline to the centerline

409

of Fourth Place;

410

Thence southerly along said centerline to the centerline

411

of Alabama Avenue;

412

Thence easterly along said centerline to the centerline

413

of Fourth Street;

414

Thence southerly along said centerline to the centerline

415

of East Merritt Avenue;

416

Thence easterly along said centerline to the centerline

417

of Palmetto Avenue;

418

Thence southwesterly along said centerline to the

419

centerline of LeJeune Boulevard;

420

Thence southeasterly along said centerline to the

421

centerline of Plumosa Street

422

Thence southerly along said centerline to the centerline

423

of Merritt Island Causeway (State Road 520);

424

Thence easterly along said centerline to the centerline

425

of Sykes Creek;

426

Thence meander northerly along said centerline to the

427

westerly projection of the South line of Surfside

428

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

429

Public Records of Brevard County, Florida;

430

Thence easterly along said westerly projection and South

431

line to the centerline of North Banana River Drive;

432

Thence southerly along said centerline to the centerline

433

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

434

Range 37 East;

435

Thence easterly along said centerline and its easterly

436

projection to the centerline of the Banana River;

437

Thence northerly along said centerline to the centerline

438

of the Canaveral Port Authority Main Channel;

439

Thence easterly along said centerline to the point of

440

beginning.

441

442

(f) All of the aforesaid boundary lines and referenced

443

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

444

provision becomes law, except that the shoreline of the Atlantic

445

Ocean and channel centerlines of the waterways in said

446

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

447

time.

448

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

449

years thereafter, the Canaveral Port Authority by resolution

450

shall divide the Canaveral Port District into five (5)

451

Commissioner Port Districts of contiguous territory as nearly

452

equal in population as practicable according to the duly

453

registered electors in the Canaveral Port District determined by

454

the elector registration rolls of the Supervisor of Elections

455

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

456

year commencing with the year 1982, the Supervisor of Elections

457

for Brevard County shall transmit to the Canaveral Port

458

Authority a certified statement of all elector precincts lying

459

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

460

number of electors in each precinct or partial precinct in the

461

Canaveral Port District according to the most recent records of

462

the Supervisor of Elections prior to the submission of such

463

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

464

decennial year, the Canaveral Port Authority shall divide and

465

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

466

Districts based on the certified statement of elector precincts

467

and number of electors submitted by the Supervisor of Elections.

468

No Commissioner Port Districts shall have more than 22 percent

469

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

470

electors in the Canaveral Port District according to the

471

certified statement of the Supervisor of Elections. On or before

472

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

473

Authority shall deliver to the Board of County Commissioners for

474

Brevard County and the Supervisor of Elections for Brevard

475

County a certified copy of the resolution by the Canaveral Port

476

Authority defining the boundaries of the five Commissioner Port

477

Districts determined hereunder, and the Commissioner Port

478

Districts so determined shall be and constitute the Commissioner

479

Port Districts to and until the same are again determined

480

decennially under this provision. As the five Commissioner Port

481

Districts are decennially determined and defined, the same shall

482

immediately supersede the previously determined and defined five

483

Commissioner Port Districts.

484

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

485

special act of the Legislature.

486

ARTICLE II. Definitions

487

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

488

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

489

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

490

references herein to "Harbor Commissioners," "Port

491

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

492

Canaveral Port Authority, the governing body of the Canaveral

493

Port District. All references herein to "Harbor Commissioners"

494

or "Port Commissioners" shall be deemed to mean qualified

495

commissioners or members constituting the Canaveral Port

496

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

497

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

498

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

499

jetties, and including also all lands abutting on the navigable

500

waters of said port.

501

ARTICLE III. Governing Authority

502

Section 1. The governing authority of said Canaveral Port

503

District shall be known as the Canaveral Port Authority. Said

504

Canaveral Port Authority as a body politic and body corporate is

505

deemed a political subdivision of the State of Florida within

506

the meaning of sovereign immunity from taxation; it shall have

507

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

508

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

509

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

510

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

511

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

512

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

513

District Court of the United States to which Brevard County may

514

hereafter be transferred.

515

ARTICLE IV. General Grant of Powers

516

The Canaveral Port Authority, governing body of the

517

Canaveral Port District, shall have additional powers as

518

follows:

519

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

520

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

521

personal, or any estate or interest therein, within said

522

Canaveral Port District, which by resolution the said port

523

authority shall determine to be necessary for the purposes of

524

said Canaveral Port District; said determination shall be

525

conclusive, except in cases of fraud or gross abuse of

526

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

527

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

528

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

529

legal title to certain land to an agency of Florida for

530

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

531

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

532

Brevard County; with right of reversion of said land upon

533

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

534

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

535

such conditions as said Port Authority shall fix and determine,

536

as hereinafter provided; and said determination shall be deemed

537

conclusive, except in case of fraud or gross abuse of

538

discretion.

539

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

540

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

541

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

542

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

543

warehouses, storehouses, breakwaters, bulkheads, public

544

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

545

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

546

causeways, drydocks, terminal facilities, canals, elevators,

547

grain bins, cold storage plants, icing plants and their

548

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

549

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

550

cableways, anchorage areas, depots, areas for abandoned or

551

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

552

conveyors, modern appliances for economic handling, storing, and

553

transportation of freight and the handling of passenger traffic,

554

systems of fresh water supply, electric and steam generating

555

stations and plants and distribution systems therefor, sewage

556

systems and sewage disposal and treatment plants, telegraph and

557

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

558

distribution systems therefor for servicing the lands,

559

properties and facilities now or hereafter owned, acquired, or

560

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

561

District or the Canaveral Port Authority and any and all areas

562

adjacent thereto, radio broadcasting stations and facilities,

563

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

564

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

565

shipping lines, roads and railroads, within and without the

566

territorial limits of Canaveral Port District, and all other

567

harbor and harbor area improvements and facilities which the

568

Port Authority may determine to be necessary, feasible, and

569

advantageous; and in connection with the operation, improvement,

570

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

571

including the handling, weighing, measuring, regulation,

572

control, inspection, and reconditioning of all commodities and

573

cargo received or shipped through said port.

574

Section 3. To exercise control over Port Canaveral,

575

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

576

proper authorities of the United States Government for the right

577

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

578

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

579

maintain such Foreign Trade Zone; to apply for and obtain

580

permission from the United States Government to create, improve,

581

regulate, and control all waters, and natural or artificial

582

waterways within said Port Canaveral; to improve all navigable

583

and non-navigable waters situated within said Canaveral Port

584

District necessary or useful to the operation, improvement, and

585

maintenance of Port Canaveral; to construct, improve, and

586

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

587

make and give to the United States Government such guarantees

588

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

589

adopt, and establish rules and regulations for the complete

590

exercise of jurisdiction and control over all of said lands and

591

waters of said Port Canaveral within said Canaveral Port

592

District.

593

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

594

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

595

all harbor facilities and improvements located within said Port

596

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

597

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

598

other charges for the use of harbor and area facilities and

599

improvements located within said Port District insofar as it may

600

be permissible for said Port Authority to do so under the

601

Constitution and laws of the State of Florida and under the

602

Constitution and laws of the United States of America.

603

Section 5. To exercise such police powers as the Port

604

Authority shall determine to be necessary for the effective

605

control, regulation, and protection of Port Canaveral and for

606

the effective exercise of jurisdiction over said port.

607

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

608

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

609

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

610

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

611

storehouses, breakwaters, bulkheads, public landings, slips,

612

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

613

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

614

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

615

cold storage plants, icing plants and their distribution,

616

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

617

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

618

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

619

other craft, airways, landing fields, conveyors, modern

620

appliances for economic handling, storing, and transportation of

621

freight and the handling of passenger traffic, systems of fresh

622

water supply, electric and steam generating stations and plants

623

and distribution systems therefor, sewage systems and sewage

624

disposal and treatment plants, telegraph and telephone systems

625

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

626

systems therefor for servicing the lands, properties, and

627

facilities now or hereafter owned, acquired, or controlled by

628

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

629

Canaveral Port Authority, and any and all areas adjacent

630

thereto, radio broadcasting stations and facilities, parking

631

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

632

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

633

lines, roads and railroads within and without the territorial

634

limits of the Canaveral Port District, and other harbor and

635

harbor area improvements and facilities which the Port Authority

636

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

637

in connection with the operation, improvement, and maintenance

638

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

639

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

640

and reconditioning of all commodities and cargo received or

641

shipped through said port in the exercise of such franchise.

642

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

643

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

644

facilities, as provided in section 2 of this article.

645

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

646

franchise with any common carrier or carriers and their

647

respective successors and assigns as the Port Authority shall

648

determine to be necessary for the development, improvement, and

649

promotion of the transportation and warehousing facilities of

650

Port Canaveral and the development, improvement, and promotion

651

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

652

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

653

easements, and rights of property deemed necessary or

654

advantageous by the Port Authority for such purposes; to execute

655

whatever arrangements, by contract or otherwise, may be

656

necessary in the opinion of the Interstate Commerce Commission

657

to perform and comply with all rules and regulations promulgated

658

by the Interstate Commerce Commission or any other state or

659

federal agency covering the operation, maintenance, improvement,

660

development, and ownership of the transportation and warehousing

661

facilities used in connection with Port Canaveral.

662

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

663

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

664

Canaveral Port District for the purpose of defraying operating,

665

maintenance, and general administration expenses and other

666

necessary expenses incurred for the improvement of the port

667

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

668

Canaveral Port Authority and Canaveral Port District, provided

669

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

670

year on the total assessed valuation of all taxable property

671

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

672

Authority is authorized and empowered to issue its promissory

673

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

674

conditions as directed by the Canaveral Port Authority, signed

675

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

676

Secretary and the corporate seal affixed thereto, and the funds

677

derived therefrom to be used for the payment of operating,

678

maintenance, and general administration expenses, and for the

679

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

680

anticipated revenues to be derived from the said 3 mill ad

681

valorem tax, previously levied and assessed.

682

Section 9. To create and designate such offices,

683

departments, and divisions, other than those herein specifically

684

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

685

necessary; to prescribe the duties and compensation of such

686

officers and employees; to employ an attorney for the Port

687

Authority; and to fix and determine the compensation and duties

688

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

689

appointees and employees shall be at the pleasure of the Port

690

Authority.

691

Section 10. To make rules and regulations consistent with

692

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

693

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

694

promotion and conduct of navigation, commerce, and industry in

695

said Port Canaveral. Said rules and regulations shall be

696

reasonable and shall apply uniformly to all similarly situated.

697

Section 11. To make rules and regulations governing the

698

course, conduct, movement, stationing and restationing, berthing

699

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

700

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

701

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

702

Canaveral and the navigable waters over which the said Port

703

Authority has jurisdiction; to remove all obstacles to

704

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

705

Canaveral and the navigable waters over which the said Port

706

Authority has jurisdiction; however, this power can only be

707

exercised within navigable waters, entrance channels, turning

708

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

709

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

710

penalties, and punishment for the violation of the rules and

711

regulations of said Port Authority and to enforce such fines,

712

penalties, and punishments in such manner as the Port Authority

713

may by resolution determine. All fines and penalties so imposed

714

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

715

Authority in any court of the state having jurisdiction over the

716

amount involved and shall inure and belong to said Port

717

Authority.

718

Section 13. To enter into any contract with the Government

719

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

720

necessary in order to procure assistance, appropriations,

721

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

722

extending of channels and turning basins and the building,

723

construction, and maintenance of slips, wharves, breakwaters,

724

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

725

improvements and facilities. To convey fee simple title to

726

lands to the United States Government for a United States Coast

727

Guard facility, to meet the requirements of local interests and

728

for other advisable port interests; with right of reversion of

729

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

730

purpose within 5 years after conveyance or there is an

731

abandonment of such use for 5 years.

732

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

733

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

734

personal, and any interest or estate therein which by resolution

735

the Port Authority shall determine to be necessary for the

736

deepening, widening, and extending of the channels, turning

737

basins, roads, and railroads and the building and construction

738

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

739

bulkheads, and any and all other port improvements and

740

facilities, said determination shall be conclusive, except in

741

the case of fraud or gross abuse of discretion; such

742

condemnation proceeding shall be exercised in the manner

743

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

744

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

745

amendatory and supplementary thereto; and pursuant to the

746

following additional provisions, to-wit:

747

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

748

rendered in a condemnation proceeding, shall, within 30 days

749

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

750

said proceeding was instituted its written acceptance of the

751

verdict and judgment and shall pay into court the compensation

752

ascertained by the jury. The court having jurisdiction of said

753

condemnation proceedings shall have the power to extend the time

754

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

755

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

756

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

757

extended period of time.

758

(b) The Port Authority shall defray the cost of

759

proceedings necessary to effectuate the purposes of this

760

section, provided that the Port Authority shall not be held

761

liable for costs in any action brought by any person or

762

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

763

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

764

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

765

Port Authority.

766

Section 15. To borrow money as herein provided.

767

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

768

and authority to execute and deliver all contracts, deeds,

769

leases, mortgages, promissory notes, franchises, assignments,

770

releases, and all other instruments necessary and convenient to

771

carry out the powers herein expressly or impliedly conferred,

772

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

773

Authority and signed by the Chair and the Secretary thereof and

774

its corporate seal affixed thereto; all checks and vouchers for

775

the disbursement of funds of the Port Authority shall be

776

executed in the manner and form as prescribed by the Port

777

Authority.

778

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

779

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

780

personal properties, and facilities for period not to exceed 10

781

years; or to encumber personal properties and facilities for not

782

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

783

secure the note or notes of the Port Authority authorized under

784

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

785

conditions as the Port Authority shall determine.

786

787

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

788

years, or any encumbrance of the personal properties or

789

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

790

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

791

newspaper of general circulation published within the Canaveral

792

Port District for 15 days by three consecutive weekly

793

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

794

particularly describing the lands, personal properties, or

795

facilities to be leased or encumbered, except where it is

796

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

797

governmental agency, and provided that in the event a petition

798

is filed within 30 days after said advertisement is published,

799

signed by 10 percent of the qualified electors residing within

800

the Canaveral Port District and therein requesting that the

801

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

802

personal properties or facilities be decided by an election

803

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

804

Authority to call an election to be held within the territory

805

constituting the Canaveral Port District, for the purpose of

806

determining whether or not said lease or said encumbrance as

807

described in said advertisement shall be executed. Said election

808

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

809

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

810

Port Authority forthwith.

811

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

812

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

813

using the waterways within said port and over which the Port

814

Authority has jurisdiction; however, this power shall be

815

exercised only within navigable waters, entrance channels,

816

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

817

Section 18. To appoint a Pilot Commission consisting of

818

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

819

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

820

and all other persons necessary to properly transact the

821

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

822

and compensation. The Port Authority is granted the power to

823

license stevedores as independent contractors for hire, and to

824

fix the terms and conditions of such licenses and to determine

825

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

826

Authority, unless terminated sooner by the licenses. The Port

827

Authority shall serve as a Pilot Commission until a Pilot

828

Commission shall be appointed.

829

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

830

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

831

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

832

by the issuance of revenue certificates or revenue bonds (which

833

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

834

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

835

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

836

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

837

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

838

expansion, promotion, or repair of harbor facilities, and

839

improvements at Port Canaveral or for the purpose of deepening,

840

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

841

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

842

or wharves at Canaveral Port, or for the purpose of

843

constructing, maintaining, or repairing platforms, railroads,

844

and railroad facilities, and serve as common carriers; to

845

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

846

surrounding or adjacent to Canaveral Port; provided that such

847

revenue certificates or revenue bonds hereby authorized to be

848

issued and outstanding shall not bear a higher rate of interest

849

than provided by general law which shall be payable

850

semiannually.

851

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

852

revenue certificates or revenue bonds by a pledge of the

853

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

854

part of the facilities connected therewith, owned and operated

855

by the Port Authority and in addition thereto, said revenue

856

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

857

any part of the personal properties of the Authority or the

858

District or the income derived therefrom, including the full

859

faith and credit of said Port District. Real property is

860

expressly excluded.

861

862

by resolution of the Port Authority, which resolution may be

863

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

864

members thereof. The revenue certificates or revenue bonds

865

issued hereunder shall bear such rate or rates of interest not

866

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

867

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

868

times not exceeding 30 years after their respective dates, in

869

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

870

registration privileges; may be subject to such terms of

871

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

872

such manner and contain such terms and conditions as the Port

873

Authority may prescribe. The revenue certificates or revenue

874

bonds herein provided for may be issued by the Port Authority

875

upon the Authority first adopting an appropriate resolution

876

authorizing such issuance and without the question of issuing

877

said revenue certificates or revenue bonds being first

878

authorized by an election held for such purpose, provided that

879

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

880

be advertised for at least 30 days prior thereto by publication

881

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

882

published in 3 weekly issues of said paper.

883

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

884

authorized and empowered to issue revenue certificates or

885

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

886

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

887

properties within the Port District for any of the purposes

888

mentioned in section 19 of this act.

889

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

890

certificates or revenue bonds, such issue shall be authorized by

891

resolution of the Port Authority; which said resolution shall

892

state the amount of the certificates or bonds proposed to be

893

issued, the purpose or purposes for which issued, the

894

denomination for such certificates or bonds, the rate of

895

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

896

conditions when, where, and upon which said certificates or

897

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

898

However, such certificates or bonds shall be issued only after

899

they have been first approved by a majority vote of the

900

qualified electors residing in the Canaveral Port District in an

901

election held within the territory constituting the Canaveral

902

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

903

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

904

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

905

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

906

consecutive weeks during said period of 30 days. Said notice

907

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

908

election, and said certificates or bonds shall be issued only

909

after the same shall have been authorized and ratified by a

910

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

911

the qualified electors who reside in said Canaveral Port

912

District shall participate.

913

914

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

915

in all respects not herein expressly provided be called and held

916

and the result thereof determined in accordance with the

917

provisions of any applicable general statute now in force or

918

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

919

the same as the places for voting at the general elections

920

usually held within the territorial limits of said District.

921

Inspectors and clerks shall be appointed and qualified as in

922

case of general elections and they shall canvass the votes cast

923

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

924

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

925

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

926

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

927

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

928

Port Authority may prescribe. A separate statement giving the

929

amount of the certificate or bond issued and the interest

930

thereon, together with such other details as may be deemed

931

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

932

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

933

Revenue Certificates or Revenue Bonds Supported by an Ad Valorem

934

Tax" and "AGAINST the Issuance of Revenue Certificates or

935

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

936

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

937

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

938

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

939

follows:

940

941

Official Ballot Canaveral Port District SPECIAL ELECTION (Insert

942

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

943

the issuance of $_______________ of Revenue Certificates (or

944

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

945

valorem tax, bearing interest at the rate of __________

946

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

947

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

948

of Revenue Certificates (or Revenue Bonds) of Canaveral Port

949

District in the amount of $_______________ supported by an ad

950

valorem tax to be issued against the taxable properties of the

951

District, bearing interest at the rate of __________ percentum

952

per annum, payable semiannually.

953

AGAINST Issuance of Revenue Certificates (or Revenue Bonds) of

954

Canaveral Port District in the amount of $_______________

955

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

956

properties of the District, bearing interest at the rate of

957

__________ percentum per annum, payable semiannually.

958

959

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

960

the issuance of said certificates or bonds, then the Canaveral

961

Port Authority shall be authorized to issue such certificates or

962

bonds in the amount specified in said resolution calling such

963

special election. The proceeds received therefrom shall be used

964

by the Authority for the purposes stated in said resolution.

965

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

966

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

967

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

968

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

969

the Canaveral Port District, is hereby further authorized,

970

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

971

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

972

Canaveral Port District, sufficient in amount to provide for the

973

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

974

a sinking fund sufficient in amount to discharge said

975

certificates or bonds at their respective maturities, which said

976

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

977

provided herein.

978

(e) The Port Authority is additionally authorized and

979

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

980

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

981

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

982

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

983

outstanding revenue certificates or revenue bonds; and to

984

execute its promissory note or notes therefor, signed in the

985

name of the Canaveral Port Authority by its Chair and its

986

Secretary and the corporate seal affixed thereto, all as

987

directed by the Board of Commissioners of the Canaveral Port

988

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

989

anticipated revenues to be derived from the previously levied

990

and assessed ad valorem tax as authorized in this section,

991

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

992

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

993

Port Authority for the payment of the interest and redemption of

994

the revenue bonds or revenue certificates of Canaveral Port

995

Authority currently becoming due.

996

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

997

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

998

valorem tax provided herein shall be as follows: The County

999

Property Appraiser of Brevard County, immediately after the tax

1000

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

1001

act has been reviewed and equalized by the Board of County

1002

Commissioners of Brevard County, shall report in writing to the

1003

Canaveral Port Authority the assessed valuation of all taxable

1004

property within the territorial limits of the Canaveral Port

1005

District, as assessed and equalized for state and county

1006

taxation, and the Chief Financial Officer of the State of

1007

Florida shall report to the Canaveral Port Authority at the time

1008

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

1009

Appraiser of Brevard County the assessed valuation of all

1010

railroad lines, railroad property, telephone and telegraph

1011

lines, and telephone and telegraph properties within the

1012

Canaveral Port District, over which he or she has jurisdiction

1013

for valuation and assessment purposes and said assessed

1014

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

1015

taxation by the Port Authority.

1016

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

1017

by resolution the total amount to be raised from ad valorem

1018

taxes levied and assessed upon all the taxable property located

1019

within said Canaveral Port District to provide funds sufficient

1020

in amount to pay the interest on said revenue certificates or

1021

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

1022

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

1023

sufficient in amount to discharge the principal of revenue

1024

certificates or revenue bonds at their respective maturities;

1025

and at the same time the Port Authority shall determine the

1026

amount to be required to pay the charges and costs for

1027

operation, maintenance, general administration, capital

1028

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

1029

its resolution levying an ad valorem tax against all of the

1030

taxable property of the District sufficient to pay said

1031

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

1032

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

1033

assessed value in any one year.

1034

1035

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

1036

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

1037

shall be made and delivered to the Board of County Commissioners

1038

of Brevard County and the Chief Financial Officer of the State

1039

of Florida, with all reasonable dispatch after the Port

1040

Authority has received the total valuation of all taxable

1041

properties to be assessed within the Canaveral Port District.

1042

Upon the receipt of such resolution by said Board of County

1043

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

1044

County Commissioners to order and direct the County Property

1045

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

1046

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

1047

fixed and determined by said resolution of the Port Authority,

1048

upon all taxable properties located within said Canaveral Port

1049

District, and said revenues and assessments so determined and

1050

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

1051

County Property Appraiser for each fiscal year hereafter. The

1052

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

1053

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

1054

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

1055

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

1056

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

1057

and railroad property, all telephone and telegraph lines and

1058

telephone and telegraph property, and all other taxable property

1059

within his or her jurisdiction located within said Canaveral

1060

Port District a tax at the rate prescribed by said tax

1061

resolution of the Port Authority and to collect the said tax

1062

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

1063

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

1064

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

1065

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

1066

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

1067

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

1068

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

1069

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

1070

any of the revenue certificates and revenue bonds authorized

1071

herein, which said revenue certificates or revenue bonds shall

1072

have the qualities of negotiable paper under the law merchant

1073

and shall not be invalidated for any irregularity or defect in

1074

the proceedings for the issuance thereof and shall be

1075

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

1076

proceedings in respect to the issuance of any such revenue

1077

certificates or revenue bonds shall be necessary except such as

1078

required by this act; however, such revenue certificates or

1079

revenue bonds may be validated and confirmed in the way and

1080

manner contemplated and provided by the general laws and

1081

statutes of the state. The provisions of this act shall

1082

constitute an irrepealable contract between the Port Authority

1083

and the holders of any such revenue certificates or revenue

1084

bonds, and of the coupons thereof issued pursuant to the

1085

provisions hereof. Any holder of any of said revenue

1086

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

1087

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

1088

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

1089

the officers or persons mentioned herein relating to said

1090

revenue certificates or revenue bonds, or the levying,

1091

assessing, and collection of the taxes provided for the payment

1092

thereof.

1093

(e) The provisions of sections 193.321 through 193.327,

1094

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

1095

specifically repealed as to the power and authority of the

1096

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

1097

ad valorem taxes as set forth is this act.

1098

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

1099

Canaveral Port Authority, Brevard County, is authorized to

1100

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

1101

part of such insurance for Canaveral Port Authority officers and

1102

employees, upon a group insurance plan. The Board shall

1103

advertise for bids and shall award said group insurance to the

1104

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

1105

the Board shall have the discretion to contract for such

1106

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

1107

(b) The Board of Commissioners of the Canaveral Port

1108

Authority is authorized to pay all or any portion of the

1109

premiums for such group insurance as an operating expense. The

1110

said Board is further authorized to deduct periodically from the

1111

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

1112

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

1113

any such insurance.

1114

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

1115

hereby specifically repealed as to the Canaveral Port Authority.

1116

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

1117

authority to establish bulkhead lines, authorize dredging and

1118

filling, and have jurisdiction under chapter 253, Florida

1119

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

1120

the Canaveral Port Authority in lieu of the Board of County

1121

Commissioners.

1122

1123

Canaveral Port Authority shall comply with all applicable

1124

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

1125

as a Board of County Commissioners would comply with such

1126

provisions under the same circumstances.

1127

Section 24. To comprehensively plan for urban and rural

1128

transportation needs and to comprehensively plan for the use of

1129

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

1130

participate in such planning with other public agencies as

1131

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

1132

interlocal governmental agreements (including, without

1133

limitation by this specific reference, Metropolitan Planning

1134

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

1135

Urban Mass Transportation Act of 1964) in such transportation

1136

and real property fields.

1137

ARTICLE V. Port Commissioners

1138

Section 1. The governing authority of the Canaveral Port

1139

District is hereby created and shall be designated as the

1140

Canaveral Port Authority, and shall consist of five Port

1141

Commissioners, one Port Commissioner from each Commissioner Port

1142

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

1143

Commissioner Port District from which he or she is appointed or

1144

nominated and elected. All Port Commissioners shall be elected

1145

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

1146

Port Commissioners are elected at one general election and two

1147

Port Commissioners elected at the next ensuing general election.

1148

The term of office of each Port Commissioner shall commence on

1149

the first Tuesday after the first Monday in January following

1150

his or her election.

1151

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

1152

residency district for all elections hereunder. The five Port

1153

Commissioners shall be nominated in the general primary and

1154

elected in the general election held in each Commissioner Port

1155

District next ensuing and at all subsequent general primaries

1156

and general elections thereafter upon the official county

1157

ballots.

1158

(b) Nomination of candidates shall be made by residency

1159

districts at the primary elections, by the various political

1160

parties, as the general laws of Florida provide for County

1161

Commissioners for Brevard County, at which primary elections the

1162

electors of the Canaveral Port District at large who are

1163

qualified to vote in such primary elections shall be entitled to

1164

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

1165

of any person as a candidate on the ballots for general

1166

elections unless he or she shall have been so nominated.

1167

1168

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

1169

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

1170

statements, and receipts for party assessments; be governed by

1171

the same restrictions; be subject to like party assessments by

1172

the County Executive Committees of the respective political

1173

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

1174

Florida governing candidates for Board of County Commissioners

1175

in primaries.

1176

(d) Elections of candidates shall be at general elections

1177

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

1178

elections all qualified electors residing within the Canaveral

1179

Port District shall be entitled to vote.

1180

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

1181

of Commissioners of the Port Authority, whether caused by

1182

resignation, refusal, death, or the unconstitutionality of any

1183

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

1184

whatsoever, shall be filled for the unexpired portion of the

1185

corresponding term, or until the next ensuing general election,

1186

whichever may come sooner, by appointment by the Governor.

1187

Section 4. Every Port Commissioner, before he or she

1188

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

1189

will faithfully discharge the duties of his or her office and

1190

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

1191

Florida and give good and sufficient surety bond payable to the

1192

Governor for the use and benefit of the Canaveral Port Authority

1193

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

1194

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

1195

the Canaveral Port Authority and filed with the Secretary of

1196

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

1197

the Port Authority as a necessary expense of said District.

1198

Section 5. As soon as practicable after the newly

1199

appointed or elected Port Commissioners shall have qualified,

1200

they shall meet and organize by the selection from among

1201

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

1202

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

1203

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

1204

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

1205

qualified members shall constitute a quorum. The Chair and the

1206

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

1207

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

1208

Commissioner of the Canaveral Port Authority shall not

1209

disqualify such Port Commissioner from holding any municipal,

1210

county, or state office.

1211

Section 6. The annual salary allowance of each Port

1212

Commissioner shall be determined and adopted by the Board of

1213

Commissioners of the Canaveral Port Authority at the regular

1214

meeting held in September 2003, to be effective commencing

1215

October 1, 2003. The salary allowance established in September

1216

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

1217

Commissioners of those other special district seaports which

1218

have an established annual salary for Port Commissioners. The

1219

salary allowance shall be payable monthly and apply to all

1220

services rendered by each Port Commissioner under this act. The

1221

salary allowance adopted as provided herein may be adjusted

1222

annually by the Board of Commissioners of the Canaveral Port

1223

Authority; however, any increase in the annual salary allowance

1224

shall not exceed the average percentage increase in the salaries

1225

of state career service employees as determined pursuant to

1226

section 145.19, Florida Statutes, for the fiscal year just

1227

concluded.

1228

Section 7. All meetings of the said Port Authority shall

1229

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

1230

Port Authority. Records of all business transacted by the Port

1231

Authority shall be kept and preserved in substantial Minute

1232

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

1233

Books or excerpts therefrom, duly certified by the Secretary

1234

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

1235

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

1236

The Port Authority shall have power to prescribe by resolution

1237

rules for the conduct of its meetings not inconsistent herewith.

1238

Section 8. The expense accounts of Port Commissioners and

1239

employees shall be itemized in writing and submitted to the Port

1240

Authority in session.

1241

ARTICLE VI. Additional Powers

1242

Section 1. The Canaveral Port Authority shall have the

1243

power to impose a franchise or excise tax upon businesses and

1244

occupations carried on or operated under and by virtue of any

1245

franchise or franchises granted by the Port Authority in a sum

1246

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

1247

occupations. The administration of this section and the

1248

collection of this franchise tax are hereby vested in the

1249

Canaveral Port Authority, and said Port Authority is authorized

1250

to make, promulgate, and enforce such reasonable rules and

1251

regulations relating to the administration and enforcement of

1252

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

1253

deemed expedient, independently of all other remedies and

1254

proceedings authorized by law for the enforcement and collection

1255

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

1256

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

1257

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

1258

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

1259

action for debt or assumpsit, or substitute forms of action

1260

therefor, and any and all remedies available in such actions

1261

including attachment and garnishment shall be and are hereby

1262

made available to the said Canaveral Port Authority in the

1263

enforcement of the payment of any franchise tax accruing

1264

hereunder, provided that the Port Authority shall not be

1265

required to post bond in any such actions or proceedings.

1266

Section 2. In the further interest of the advancement,

1267

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

1268

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

1269

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

1270

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

1271

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

1272

location and establishment of trades, industries, and

1273

manufacturing establishments and other use of the property

1274

within said Port Canaveral.

1275

ARTICLE VII. Personnel

1276

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

1277

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

1278

shall be the administration head of the Port District and Port

1279

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

1280

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

1281

the basis of his or her experience and executive and

1282

administrative ability and any other qualifications the Port

1283

Authority may require.

1284

Section 2. The Port Manager shall have such duties and

1285

authority in the administration, maintenance, expansion, and

1286

operation of Port Canaveral as the Port Authority shall assign

1287

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

1288

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

1289

to and from meetings of industrialists in convention or by

1290

industry, necessary subsistence, entertainment of business

1291

guests at Port Canaveral or elsewhere, within or without the

1292

state, and meals for staff members at regular or special

1293

meetings of the Port Authority, and shall ratify past such

1294

expenditures. The Port Manager shall keep and maintain an

1295

account of the expenses involved in the performance of his or

1296

her duties and submit the same to the Port Authority for

1297

approval at any regular meeting.

1298

Section 3. The Port Manager shall receive such

1299

compensation as may be agreed.

1300

Section 4. Official travel authorized by the Canaveral

1301

Port Authority shall be reimbursed by the Authority in

1302

accordance with the following provisions:

1303

(a) All official travel performed within the state shall

1304

be reimbursable in accordance with section 112.061, Florida

1305

Statutes.

1306

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

1307

continental United States shall be reimbursable in accordance

1308

with section 112.061, Florida Statutes, with the exception of

1309

the reimbursement rates for meals. The reimbursement rates for

1310

meals shall be as follows:

1311

1312

1. Breakfast$5.00.

1313

2. Lunch$11.00.

1314

3. Dinner$22.00.

1315

1316

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

1317

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

1318

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

1319

October 1.

1320

1321

States shall be reimbursable in accordance with section 112.061,

1322

Florida Statutes, with the exception of meals. The reimbursement

1323

rates for meals shall be in accordance with the United States

1324

Department of State Standardized Regulations, Per diem

1325

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

1326

been determined by the applicable travel location, the following

1327

percentage rates will apply to the maximum daily rate allowed:

1328

1329

1. Breakfast14% of daily maximum rate.

1330

2. Lunch28% of daily maximum rate.

1331

3. Dinner58% of daily maximum rate.

1332

1333

ARTICLE VIII. Levy of Taxes

1334

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

1335

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

1336

necessary for the following purposes:

1337

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

1338

assessed valuations of all taxable property, both real and

1339

personal, within said Canaveral Port District for each year.

1340

Said tax shall constitute an Administration Fund for the

1341

operation, maintenance, and general administration expenses, and

1342

for the purchase of rights-of-way.

1343

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

1344

interest on revenue certificates and revenue bonds outstanding,

1345

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

1346

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

1347

principal, as the same severally mature in accordance with their

1348

tenor.

1349

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

1350

resolution as provided hereinabove, the Port Authority shall

1351

prepare and adopt a financial budget for the ensuing fiscal

1352

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

1353

expenditure contemplated or anticipated for the ensuing fiscal

1354

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

1355

shall be spread upon the permanent records of the Port

1356

Authority.

1357

Section 3. All revenues received by the Port Authority

1358

from the operation of Port Canaveral, other than specifically

1359

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

1360

for operation, expansion, maintenance, and general

1361

administration purposes and expenses, and for the purchase of

1362

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

1363

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

1364

discretion of the Port Authority, be transferred to the sinking

1365

fund maintained for bonds, or to purchase obligations of the

1366

Port Authority at the lowest market price.

1367

ARTICLE IX. Prohibitions

1368

Section 1. No member of the Port Authority or other

1369

officer or employee shall purchase supplies, goods, or materials

1370

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

1371

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

1372

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

1373

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

1374

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

1375

materials so purchased. No Port Commissioner or other officer or

1376

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

1377

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

1378

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

1379

provisions hereof shall be deemed guilty of malfeasance in

1380

office, provided that no Port Commissioner who shall have

1381

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

1382

against such illegal purchase or who shall have been absent at

1383

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

1384

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

1385

or delivered pursuant to such contract or purchase may be

1386

recovered by the Port Authority.

1387

ARTICLE X. Notification of Claims

1388

Section 1. Every claim, whether ex contractu or ex

1389

delicto, whether liquidated or unliquidated, whether vested or

1390

contingent, against the Port Authority or Canaveral Port

1391

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

1392

duly authorized agent, with the Port Authority within 3 months

1393

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

1394

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

1395

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

1396

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

1397

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

1398

ARTICLE XI. Statute of Limitations

1399

Section 1. No statute heretofore or hereafter enacted by

1400

the Legislature, prescribing and fixing the time in which action

1401

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

1402

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

1403

instituted and prosecuted by the Port Authority or the Canaveral

1404

Port District.

1405

ARTICLE XII. Exemption From Taxation

1406

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

1407

intangible, now owned or hereinafter acquired and held by the

1408

Canaveral Port Authority, the governing authority of the

1409

Canaveral Port District, shall be exempt from all taxation

1410

levied and assessed pursuant to the Constitution and laws of the

1411

State of Florida by any taxing unit.

1412

ARTICLE XIII. Exemption From Judgment Liens

1413

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

1414

any other writ issued or tendered against the said Canaveral

1415

Port Authority shall be a lien upon the real or personal

1416

property now owned or hereafter acquired and held by the said

1417

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

1418

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

1419

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

1420

execution and any other judicial sale.

1421

ARTICLE XIV. Appeals Bond

1422

Section 1. The Port Authority and Canaveral Port District

1423

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

1424

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

1425

receivership, garnishment, or replevin proceedings, or in the

1426

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

1427

District and Port Authority may supersede any appealable

1428

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

1429

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

1430

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

1431

filing a supersedeas bond as otherwise required by law.

1432

ARTICLE XV. Removal of Port Commissioners by Governor

1433

Section 1. No court shall have the power or jurisdiction

1434

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

1435

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

1436

event any Port Commissioner shall be guilty of intentional and

1437

willful malfeasance, nonfeasance, or misfeasance in office, or

1438

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

1439

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

1440

officers.

1441

ARTICLE XVI. Inspection of Books and Records

1442

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

1443

Authority shall at all reasonable hours on regular business days

1444

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

1445

Authority shall be at all times kept fully and adequately

1446

secured.

1447

Section 2. The books and public records of the Port

1448

Authority shall be audited by the State Auditing Department at

1449

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

1450

audited.

1451

Section 3. The fiscal year of the Port Authority shall

1452

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

1453

ARTICLE XVII. Contracts; Competition

1454

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

1455

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

1456

shall any goods, supplies, or materials for Canaveral Port

1457

District purposes or uses be purchased when the amount to be

1458

paid by the Canaveral Port District or the Port Authority shall

1459

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

1460

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

1461

newspaper of general circulation in the Canaveral Port District,

1462

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

1463

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

1464

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

1465

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

1466

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

1467

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

1468

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

1469

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

1470

performance bond deposited or contract completed. All other

1471

things being equal, preference shall be given by the Port

1472

Authority in making all purchases and the letting of all

1473

contracts to residents of the Canaveral Port District.

1474

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

1475

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

1476

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

1477

Manager or his or her designee shall do the following:

1478

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

1479

such work or furnish such property from at least three

1480

independent persons or business entities responsible in the

1481

subject business endeavor under consideration.

1482

(b) Make a record of the offers.

1483

1484

contract to the lowest responsible bidder of those solicited as

1485

provided in this article.

1486

Section 3. In lieu of the competitive bid requirements set

1487

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

1488

may utilize purchase agreements or contracts of any state

1489

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

1490

Government or its agencies, which agreements or contracts have

1491

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

1492

materials for Canaveral Port District purposes.

1493

ARTICLE XVIII. Leases and Encumbrances

1494

Section 1. Whether an election shall be required to be

1495

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

1496

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

1497

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

1498

of the Port Authority, shall be in accordance with the

1499

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

1500

however, no lease shall exceed an initial period of 50 years or

1501

any renewal or renewals thereof, excepting leases for the

1502

purpose of the construction and development of hotels,

1503

convention centers, festive market places, and world trade

1504

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

1505

years or any renewal or renewals thereof. If an encumbrance

1506

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

1507

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

1508

referendum is requested by a petition bearing the signatures of

1509

1 percent of the qualified electors.

1510

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

1511

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

1512

publication in a newspaper published within said Canaveral Port

1513

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

1514

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

1515

consecutive weekly issues.

1516

Section 3. Said notice shall state the description of the

1517

lands, personal properties, or facilities to be leased or

1518

encumbered and the sum to be received by the Port Authority

1519

therefor.

1520

Section 4. All qualified electors residing in the

1521

Canaveral Port District shall be entitled to vote in said

1522

election, which election shall in all respects not herein

1523

expressly provided be called and held and the results thereof

1524

determined in accordance with the provisions of any applicable

1525

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

1526

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

1527

places for voting at the general elections usually held within

1528

the territorial limits of the Canaveral Port District.

1529

Inspectors and clerks shall be appointed and qualified as in

1530

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

1531

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

1532

said election shall be made to the Port Authority.

1533

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

1534

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

1535

at such elections with such description of the lands, personal

1536

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

1537

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

1538

and the amount and rate of interest, together with other

1539

details, to be voted on.

1540

Section 6. Said ballots shall be in form substantially as

1541

follows:

1542

1543

OFFICIAL BALLOT

1544

CANAVERAL PORT DISTRICT

1545

Special election (Insert date)

1546

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

1547

subject matter),

1548

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

1549

proposition of your choice.

1550

( ) FOR (insert subject matter)

1551

( ) AGAINST (insert subject matter)

1552

1553

Section 7. If a majority of the qualified electors

1554

residing in said Canaveral Port District who shall participate

1555

in such election shall cast their votes in favor of the

1556

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

1557

become the duty of the Canaveral Port Authority to execute and

1558

deliver the lease or the encumbrance as authorized in said

1559

election.

1560

ARTICLE XIX. Severability Clause

1561

Section 1. If any section, subsection, paragraph,

1562

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

1563

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

1564

shall not affect the validity of the remaining portions of this

1565

act, the Legislature hereby declaring that it would have enacted

1566

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

1567

subparagraph, sentence, clause, and phrase thereof, irrespective

1568

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

1569

paragraphs, subparagraphs, sentences, clauses, or phrases

1570

thereof may be declared to be unconstitutional or otherwise

1571

ineffective.

1572

ARTICLE XX. Declaration of Public Purposes

1573

Section 1. It is hereby determined and declared by the

1574

Legislature that all of the powers conferred upon the District

1575

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

1576

proper public purposes and are for the welfare and benefit of

1577

the District and its inhabitants.

1578

Section 2. The provisions of this act shall be liberally

1579

construed to effectuate the purposes set forth herein.

1580

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

1581

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

1582

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

1583

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

1584

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

1585

repealed.

1586

Section 5. This act shall take effect upon becoming a law.