Bill Text: ENROLLED HB 0597, Engrossed 1

ENROLLED HB 0597, Engrossed 1

2003 Legislature

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reenacted, amended, and repealed as herein provided.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

centerline of Barna Avenue;

Thence southerly along said centerline to the centerline

of Cheney Highway (State Road 50);

Thence westerly along said centerline to the centerline

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

between Brevard and Orange Counties;

Thence meander northerly along said centerline of the St.

Johns River to the intersection of the Volusia, Brevard,

Orange and Seminole County lines, said point also lying

100

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

101

Thence easterly along said South line of Township 21

102

South, also being the county line between Brevard and

103

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

104

Thence northerly along said East line, also being the

105

county line between Brevard and Volusia Counties, to the

106

North line of Township 20 South, also being the Northwest

107

corner of Brevard County;

108

Thence easterly along said North Township line to the

109

point of beginning.

110

111

(b) District 2: Beginning at the intersection of

112

the easterly projection of Buffalo Road, in Section 34,

113

Township 21 South, Range 35 East and the centerline of

114

the Intracoastal Waterway of the Indian River;

115

Thence southerly along said centerline to easterly

116

projection of the centerline of Kings Highway;

117

Thence westerly along said centerline to the centerline

118

of Grissom Parkway (Tulsa Boulevard);

119

Thence southerly along said centerline to the centerline

120

of Ranch Road;

121

Thence westerly along said centerline to the centerline

122

of Interstate 95;

123

Thence southerly along said centerline to the centerline

124

of Fay Boulevard;

125

Thence easterly along said centerline to the centerline

126

of the Florida East Coast Railway;

127

Thence southerly along said centerline to the centerline

128

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

129

Range 35 East;

130

Thence easterly along said centerline and its easterly

131

projection to the centerline of the Intracoastal Waterway

132

of the Indian River;

133

Thence southerly along said centerline to the centerline

134

of the Beeline Expressway (State Road 528);

135

Thence westerly along said centerline to the East line of

136

Section 13, Township 24 South, Range 35 East;

137

Thence southerly along said east line to the North right

138

of way line of North Road;

139

Thence northwesterly along said right of way line to the

140

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

141

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

142

Florida;

143

Thence southerly along said West line to the North right

144

of way line of London Boulevard;

145

Thence westerly along said North right of way line to the

146

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

147

in Plat Book 21 page 10, Public Records of Brevard

148

County, Florida;

149

Thence northeasterly, northwesterly, westerly, and

150

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

151

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

152

said point also being the North line of Cocoa North

153

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

154

Public Records of Brevard County, Florida;

155

Thence westerly along said South line to the North-South

156

midsection line of said Section 13;

157

Thence southerly along said North-South midsection line

158

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

159

Thence westerly along said East-West midsection line(said

160

line also being the North line of Cocoa North

161

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

162

Public Records of Brevard County, Florida) the to the

163

centerline of Cox Road;

164

Thence southerly along said centerline to the North line

165

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

166

Section 23, Township 24 South, Range 35 East;

167

Thence westerly along said North line to the West line of

168

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

169

Thence southerly along said West line to the South line

170

of the N 1/4 of said Section 23;

171

Thence westerly along said South line to the North-South

172

Midsection line of said Section 23;

173

Thence southerly along said North-South Midsection line

174

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

175

Thence easterly along said East-West Midsection line to

176

the centerline of State Road 524;

177

Thence northeasterly along said centerline to the

178

centerline of Cox Road;

179

Thence southerly along said centerline to the centerline

180

of Lake Drive;

181

Thence easterly along said centerline to the centerline

182

of Clearlake Road (State Road 501);

183

Thence southerly along said centerline to the centerline

184

of Pluckebaum Road;

185

Thence westerly along said centerline to the centerline

186

of Interstate 95;

187

Thence southeasterly along said centerline to the

188

centerline of Rockledge Creek;

189

Thence westerly along said centerline and its westerly

190

projection to the centerline of Lake Poinsett;

191

Thence meander westerly along said centerline to the

192

southwesterly projection of the centerline of State Road

193

524;

194

Thence northeasterly along said centerline and its

195

southwesterly projection to the centerline of State Road

196

520;

197

Thence westerly along said centerline to the centerline

198

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

199

between Brevard and Orange Counties;

200

Thence meander northerly along said centerline to the

201

centerline of Cheney Highway (State Road 50)

202

Thence easterly along said centerline to the centerline

203

of Barna Avenue;

204

Thence northerly along said centerline to the centerline

205

of Knox McRae Avenue;

206

Thence southeasterly along said centerline to the

207

centerline of Rosehill Avenue, in Section 22, Township 22

208

South, Range 35 East;

209

Thence southerly along said centerline to the centerline

210

of Cheney Highway (State Road 50);

211

Thence easterly along said centerline to the centerline

212

of the Florida East Coast Railway;

213

Thence northerly along said centerline to the centerline

214

of Harrison Street;

215

Thence westerly along said centerline to the centerline

216

of Barna Avenue;

217

Thence northerly along said centerline to the centerline

218

of Park Avenue (Old State Road 405);

219

Thence northerly along said centerline to the centerline

220

of Garden Street (State Road 406);

221

Thence westerly along said centerline to the East line of

222

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

223

Thence northerly along said east line to the centerline

224

of Malinda Lane;

225

Thence easterly along said centerline to the centerline

226

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

227

Thence northerly along said centerline to the centerline

228

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

229

35 East;

230

Thence easterly along said centerline and its easterly

231

projection to the point of beginning.

232

233

234

the centerline of the Intracoastal Waterway of the Indian

235

River and the centerline of the Beeline Expressway (State

236

Road 528);

237

Thence southerly along said centerline of the

238

Intracoastal Waterway to the South line of Township 25

239

South;

240

Thence westerly along said South line to the West line of

241

Range 35 East, also being the county line between Osceola

242

and Brevard Counties;

243

Thence northerly along said West line intersection of the

244

Brevard, Orange and Osceola County lines;

245

Thence northerly along said Brevard and Orange County

246

line to the centerline of State Road 520;

247

Thence easterly along said centerline to the centerline

248

of State Road 524;

249

Thence southwesterly along said centerline and its

250

southwesterly projection to the centerline of Lake

251

Poinsett;

252

Thence easterly along said centerline to the westerly

253

projection of the centerline of Rockledge Creek;

254

Thence easterly along said centerline and its westerly

255

projection to the centerline of Interstate 95;

256

Thence northwesterly along said centerline to the

257

centerline of Pluckebaum Road;

258

Thence easterly along said centerline to the centerline

259

of Clearlake Road (State Road 501);

260

Thence northerly along said centerline to the centerline

261

of Lake Drive;

262

Thence westerly along said centerline to the centerline

263

of Cox Road;

264

Thence northerly along said centerline to the centerline

265

of State Road 524;

266

Thence southwesterly along said centerline to the East-

267

West Midsection line of Section 23, Township 24 South,

268

Range 35 East;

269

Thence westerly along said East-West Midsection line to

270

the North-South Midsection line of said Section 23;

271

Thence northerly along said North-South Midsection line

272

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

273

Thence easterly along said South line to the West line of

274

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

275

Thence northerly along said West line to the North line

276

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

277

said Section 23;

278

Thence easterly along said North line to the centerline

279

of Cox Road;

280

Thence northerly along said centerline to the East-West

281

Midsection line of Section 13, Township 24 South, Range

282

35 East;

283

Thence easterly along said East-West Midsection line to

284

the North-South Midsection line of said Section 13;

285

Thence northerly along said North-South Midsection line

286

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

287

line also being the North line of Cocoa North

288

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

289

Public Records of Brevard County, Florida;

290

Thence easterly along said South line to the West line of

291

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

292

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

293

Thence southerly, easterly, southeasterly and

294

southwesterly along said West line to the North right of

295

way line of London Boulevard;

296

Thence easterly along said North right of way line to the

297

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

298

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

299

Florida;

300

Thence northerly along said West line and its northerly

301

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

302

Thence southeasterly along said North right of way line

303

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

304

35 East;

305

Thence northerly along said East line to the centerline

306

of the Beeline Expressway (State Road 528)

307

Thence westerly along said centerline to the point of

308

beginning.

309

310

(d) District 4: Beginning at the intersection of

311

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

312

the Mean High Water Line of the Atlantic Ocean;

313

Thence southerly along said Mean High Water Line to the

314

centerline of the Canaveral Port Authority Main Channel;

315

Thence westerly along said centerline to the centerline

316

of the Banana River;

317

Thence southerly along said centerline to the easterly

318

projection of the centerline of Morningside Drive, in

319

Section 30, Township 24 South, Range 37 East;

320

Thence westerly along said easterly projection and

321

centerline to the centerline of North Banana River Drive;

322

Thence northerly along said centerline to the South line

323

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

324

page 65, Public Records of Brevard County, Florida;

325

Thence westerly along said South line and its westerly

326

projection to the centerline of Sykes Creek;

327

Thence southerly along said centerline to the centerline

328

of Merritt Island Causeway (State Road 520);Thence

329

westerly along said centerline to the centerline of

330

Plumosa Street;

331

Thence northerly along said centerline to the centerline

332

of LeJeune Boulevard;

333

Thence northwesterly along said centerline to the

334

centerline of Palmetto Avenue;

335

Thence northeasterly along said centerline to the

336

centerline of East Merritt Avenue;

337

Thence westerly along said centerline to the centerline

338

of Fourth Street;

339

Thence northerly along said centerline to the centerline

340

of Alabama Avenue;

341

Thence westerly along said centerline to the centerline

342

of Fourth Place;

343

Thence northerly along said centerline to the centerline

344

of Needle Boulevard;

345

Thence westerly along said centerline to the centerline

346

of North Courtenay Parkway;

347

Thence southerly along said centerline to the centerline

348

of Merritt Avenue;

349

Thence westerly along said centerline and its westerly

350

projection to the centerline of the Intracoastal Waterway

351

of the Indian River;

352

Thence northerly along said centerline to the easterly

353

projection of the centerline of Broadway Boulevard, in

354

Section 30, Township 23 South, Range 36 East;

355

356

Thence westerly along said easterly projection and

357

centerline to the centerline of the Florida East Coast

358

Railway;

359

Thence northerly along said centerline to the centerline

360

of Fay Boulevard;

361

Thence westerly along said centerline to the centerline

362

of Interstate 95;

363

Thence northerly along said centerline to the centerline

364

of Ranch Road;

365

Thence easterly along said centerline to the centerline

366

of Grissom Parkway (Tulsa Highway);Thence northerly along

367

said centerline to the centerline of Kings Highway;

368

Thence easterly along said centerline and its easterly

369

projection to the centerline of the Intracoastal Waterway

370

of the Indian River;

371

Thence northerly along said centerline to the South line

372

of Township 22 South;

373

Thence easterly along said South line to the point of

374

beginning.

375

376

(e) District 5: Beginning at the intersection of

377

the centerline of the Canaveral Port Authority Main

378

Channel and the Mean High Water Line of the Atlantic

379

Ocean;

380

Thence meander southerly along said Mean High Water Line

381

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

382

the South line of Orlando Beach Subdivision as recorded

383

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

384

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

385

Thence westerly along said North line to the centerline

386

of the Banana River;

387

Thence southerly along said centerline to the South line

388

of Township 25 South;

389

Thence westerly along said South line to the centerline

390

of the Intracoastal Waterway of the Indian River;

391

Thence northerly along said centerline to the westerly

392

projection of the centerline of West Merritt Avenue, said

393

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

394

South, Range 36 East;

395

Thence easterly along said westerly projection and

396

centerline to the centerline of North Courtenay Parkway;

397

Thence northerly along said centerline to the centerline

398

of Needle Boulevard;

399

Thence easterly along said centerline to the centerline

400

of Fourth Place;

401

Thence southerly along said centerline to the centerline

402

of Alabama Avenue;

403

Thence easterly along said centerline to the centerline

404

of Fourth Street;

405

Thence southerly along said centerline to the centerline

406

of East Merritt Avenue;

407

Thence easterly along said centerline to the centerline

408

of Palmetto Avenue;

409

Thence southwesterly along said centerline to the

410

centerline of LeJeune Boulevard;

411

Thence southeasterly along said centerline to the

412

centerline of Plumosa Street

413

Thence southerly along said centerline to the centerline

414

of Merritt Island Causeway (State Road 520);

415

Thence easterly along said centerline to the centerline

416

of Sykes Creek;

417

Thence meander northerly along said centerline to the

418

westerly projection of the South line of Surfside

419

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

420

Public Records of Brevard County, Florida;

421

Thence easterly along said westerly projection and South

422

line to the centerline of North Banana River Drive;

423

Thence southerly along said centerline to the centerline

424

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

425

Range 37 East;

426

Thence easterly along said centerline and its easterly

427

projection to the centerline of the Banana River;

428

Thence northerly along said centerline to the centerline

429

of the Canaveral Port Authority Main Channel;

430

Thence easterly along said centerline to the point of

431

beginning.

432

433

(f) All of the aforesaid boundary lines and referenced

434

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

435

provision becomes law, except that the shoreline of the Atlantic

436

Ocean and channel centerlines of the waterways in said

437

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

438

time.

439

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

440

years thereafter, the Canaveral Port Authority by resolution

441

shall divide the Canaveral Port District into five (5)

442

Commissioner Port Districts of contiguous territory as nearly

443

equal in population as practicable according to the duly

444

registered electors in the Canaveral Port District determined by

445

the elector registration rolls of the Supervisor of Elections

446

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

447

year commencing with the year 1982, the Supervisor of Elections

448

for Brevard County shall transmit to the Canaveral Port

449

Authority a certified statement of all elector precincts lying

450

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

451

number of electors in each precinct or partial precinct in the

452

Canaveral Port District according to the most recent records of

453

the Supervisor of Elections prior to the submission of such

454

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

455

decennial year, the Canaveral Port Authority shall divide and

456

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

457

Districts based on the certified statement of elector precincts

458

and number of electors submitted by the Supervisor of Elections.

459

No Commissioner Port Districts shall have more than 22 percent

460

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

461

electors in the Canaveral Port District according to the

462

certified statement of the Supervisor of Elections. On or before

463

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

464

Authority shall deliver to the Board of County Commissioners for

465

Brevard County and the Supervisor of Elections for Brevard

466

County a certified copy of the resolution by the Canaveral Port

467

Authority defining the boundaries of the five Commissioner Port

468

Districts determined hereunder, and the Commissioner Port

469

Districts so determined shall be and constitute the Commissioner

470

Port Districts to and until the same are again determined

471

decennially under this provision. As the five Commissioner Port

472

Districts are decennially determined and defined, the same shall

473

immediately supersede the previously determined and defined five

474

Commissioner Port Districts.

475

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

476

special act of the Legislature.

477

ARTICLE II. Definitions

478

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

479

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

480

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

481

references herein to "Harbor Commissioners," "Port

482

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

483

Canaveral Port Authority, the governing body of the Canaveral

484

Port District. All references herein to "Harbor Commissioners"

485

or "Port Commissioners" shall be deemed to mean qualified

486

commissioners or members constituting the Canaveral Port

487

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

488

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

489

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

490

jetties, and including also all lands abutting on the navigable

491

waters of said port.

492

ARTICLE III. Governing Authority

493

Section 1. The governing authority of said Canaveral Port

494

District shall be known as the Canaveral Port Authority. Said

495

Canaveral Port Authority as a body politic and body corporate is

496

deemed a political subdivision of the State of Florida within

497

the meaning of sovereign immunity from taxation; it shall have

498

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

499

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

500

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

501

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

502

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

503

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

504

District Court of the United States to which Brevard County may

505

hereafter be transferred.

506

ARTICLE IV. General Grant of Powers

507

The Canaveral Port Authority, governing body of the

508

Canaveral Port District, shall have additional powers as

509

follows:

510

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

511

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

512

personal, or any estate or interest therein, within said

513

Canaveral Port District, which by resolution the said port

514

authority shall determine to be necessary for the purposes of

515

said Canaveral Port District; said determination shall be

516

conclusive, except in cases of fraud or gross abuse of

517

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

518

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

519

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

520

legal title to certain land to an agency of Florida for

521

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

522

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

523

Brevard County; with right of reversion of said land upon

524

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

525

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

526

such conditions as said Port Authority shall fix and determine,

527

as hereinafter provided; and said determination shall be deemed

528

conclusive, except in case of fraud or gross abuse of

529

discretion.

530

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

531

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

532

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

533

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

534

warehouses, storehouses, breakwaters, bulkheads, public

535

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

536

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

537

causeways, drydocks, terminal facilities, canals, elevators,

538

grain bins, cold storage plants, icing plants and their

539

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

540

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

541

cableways, anchorage areas, depots, areas for abandoned or

542

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

543

conveyors, modern appliances for economic handling, storing, and

544

transportation of freight and the handling of passenger traffic,

545

systems of fresh water supply, electric and steam generating

546

stations and plants and distribution systems therefor, sewage

547

systems and sewage disposal and treatment plants, telegraph and

548

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

549

distribution systems therefor for servicing the lands,

550

properties and facilities now or hereafter owned, acquired, or

551

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

552

District or the Canaveral Port Authority and any and all areas

553

adjacent thereto, radio broadcasting stations and facilities,

554

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

555

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

556

shipping lines, roads and railroads, within and without the

557

territorial limits of Canaveral Port District, and all other

558

harbor and harbor area improvements and facilities which the

559

Port Authority may determine to be necessary, feasible, and

560

advantageous; and in connection with the operation, improvement,

561

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

562

including the handling, weighing, measuring, regulation,

563

control, inspection, and reconditioning of all commodities and

564

cargo received or shipped through said port.

565

Section 3. To exercise control over Port Canaveral,

566

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

567

proper authorities of the United States Government for the right

568

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

569

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

570

maintain such Foreign Trade Zone; to apply for and obtain

571

permission from the United States Government to create, improve,

572

regulate, and control all waters, and natural or artificial

573

waterways within said Port Canaveral; to improve all navigable

574

and non-navigable waters situated within said Canaveral Port

575

District necessary or useful to the operation, improvement, and

576

maintenance of Port Canaveral; to construct, improve, and

577

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

578

make and give to the United States Government such guarantees

579

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

580

adopt, and establish rules and regulations for the complete

581

exercise of jurisdiction and control over all of said lands and

582

waters of said Port Canaveral within said Canaveral Port

583

District.

584

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

585

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

586

all harbor facilities and improvements located within said Port

587

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

588

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

589

other charges for the use of harbor and area facilities and

590

improvements located within said Port District insofar as it may

591

be permissible for said Port Authority to do so under the

592

Constitution and laws of the State of Florida and under the

593

Constitution and laws of the United States of America.

594

Section 5. To exercise such police powers as the Port

595

Authority shall determine to be necessary for the effective

596

control, regulation, and protection of Port Canaveral and for

597

the effective exercise of jurisdiction over said port.

598

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

599

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

600

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

601

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

602

storehouses, breakwaters, bulkheads, public landings, slips,

603

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

604

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

605

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

606

cold storage plants, icing plants and their distribution,

607

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

608

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

609

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

610

other craft, airways, landing fields, conveyors, modern

611

appliances for economic handling, storing, and transportation of

612

freight and the handling of passenger traffic, systems of fresh

613

water supply, electric and steam generating stations and plants

614

and distribution systems therefor, sewage systems and sewage

615

disposal and treatment plants, telegraph and telephone systems

616

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

617

systems therefor for servicing the lands, properties, and

618

facilities now or hereafter owned, acquired, or controlled by

619

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

620

Canaveral Port Authority, and any and all areas adjacent

621

thereto, radio broadcasting stations and facilities, parking

622

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

623

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

624

lines, roads and railroads within and without the territorial

625

limits of the Canaveral Port District, and other harbor and

626

harbor area improvements and facilities which the Port Authority

627

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

628

in connection with the operation, improvement, and maintenance

629

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

630

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

631

and reconditioning of all commodities and cargo received or

632

shipped through said port in the exercise of such franchise.

633

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

634

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

635

facilities, as provided in section 2 of this article.

636

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

637

franchise with any common carrier or carriers and their

638

respective successors and assigns as the Port Authority shall

639

determine to be necessary for the development, improvement, and

640

promotion of the transportation and warehousing facilities of

641

Port Canaveral and the development, improvement, and promotion

642

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

643

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

644

easements, and rights of property deemed necessary or

645

advantageous by the Port Authority for such purposes; to execute

646

whatever arrangements, by contract or otherwise, may be

647

necessary in the opinion of the Interstate Commerce Commission

648

to perform and comply with all rules and regulations promulgated

649

by the Interstate Commerce Commission or any other state or

650

federal agency covering the operation, maintenance, improvement,

651

development, and ownership of the transportation and warehousing

652

facilities used in connection with Port Canaveral.

653

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

654

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

655

Canaveral Port District for the purpose of defraying operating,

656

maintenance, and general administration expenses and other

657

necessary expenses incurred for the improvement of the port

658

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

659

Canaveral Port Authority and Canaveral Port District, provided

660

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

661

year on the total assessed valuation of all taxable property

662

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

663

Authority is authorized and empowered to issue its promissory

664

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

665

conditions as directed by the Canaveral Port Authority, signed

666

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

667

Secretary and the corporate seal affixed thereto, and the funds

668

derived therefrom to be used for the payment of operating,

669

maintenance, and general administration expenses, and for the

670

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

671

anticipated revenues to be derived from the said 3 mill ad

672

valorem tax, previously levied and assessed.

673

Section 9. To create and designate such offices,

674

departments, and divisions, other than those herein specifically

675

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

676

necessary; to prescribe the duties and compensation of such

677

officers and employees; to employ an attorney for the Port

678

Authority; and to fix and determine the compensation and duties

679

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

680

appointees and employees shall be at the pleasure of the Port

681

Authority.

682

Section 10. To make rules and regulations consistent with

683

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

684

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

685

promotion and conduct of navigation, commerce, and industry in

686

said Port Canaveral. Said rules and regulations shall be

687

reasonable and shall apply uniformly to all similarly situated.

688

Section 11. To make rules and regulations governing the

689

course, conduct, movement, stationing and restationing, berthing

690

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

691

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

692

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

693

Canaveral and the navigable waters over which the said Port

694

Authority has jurisdiction; to remove all obstacles to

695

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

696

Canaveral and the navigable waters over which the said Port

697

Authority has jurisdiction; however, this power can only be

698

exercised within navigable waters, entrance channels, turning

699

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

700

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

701

penalties, and punishment for the violation of the rules and

702

regulations of said Port Authority and to enforce such fines,

703

penalties, and punishments in such manner as the Port Authority

704

may by resolution determine. All fines and penalties so imposed

705

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

706

Authority in any court of the state having jurisdiction over the

707

amount involved and shall inure and belong to said Port

708

Authority.

709

Section 13. To enter into any contract with the Government

710

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

711

necessary in order to procure assistance, appropriations,

712

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

713

extending of channels and turning basins and the building,

714

construction, and maintenance of slips, wharves, breakwaters,

715

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

716

improvements and facilities. To convey fee simple title to

717

lands to the United States Government for a United States Coast

718

Guard facility, to meet the requirements of local interests and

719

for other advisable port interests; with right of reversion of

720

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

721

purpose within 5 years after conveyance or there is an

722

abandonment of such use for 5 years.

723

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

724

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

725

personal, and any interest or estate therein which by resolution

726

the Port Authority shall determine to be necessary for the

727

deepening, widening, and extending of the channels, turning

728

basins, roads, and railroads and the building and construction

729

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

730

bulkheads, and any and all other port improvements and

731

facilities, said determination shall be conclusive, except in

732

the case of fraud or gross abuse of discretion; such

733

condemnation proceeding shall be exercised in the manner

734

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

735

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

736

amendatory and supplementary thereto; and pursuant to the

737

following additional provisions, to-wit:

738

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

739

rendered in a condemnation proceeding, shall, within 30 days

740

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

741

said proceeding was instituted its written acceptance of the

742

verdict and judgment and shall pay into court the compensation

743

ascertained by the jury. The court having jurisdiction of said

744

condemnation proceedings shall have the power to extend the time

745

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

746

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

747

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

748

extended period of time.

749

(b) The Port Authority shall defray the cost of

750

proceedings necessary to effectuate the purposes of this

751

section, provided that the Port Authority shall not be held

752

liable for costs in any action brought by any person or

753

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

754

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

755

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

756

Port Authority.

757

Section 15. To borrow money as herein provided.

758

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

759

and authority to execute and deliver all contracts, deeds,

760

leases, mortgages, promissory notes, franchises, assignments,

761

releases, and all other instruments necessary and convenient to

762

carry out the powers herein expressly or impliedly conferred,

763

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

764

Authority and signed by the Chair and the Secretary thereof and

765

its corporate seal affixed thereto; all checks and vouchers for

766

the disbursement of funds of the Port Authority shall be

767

executed in the manner and form as prescribed by the Port

768

Authority.

769

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

770

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

771

personal properties, and facilities for period not to exceed 10

772

years; or to encumber personal properties and facilities for not

773

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

774

secure the note or notes of the Port Authority authorized under

775

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

776

conditions as the Port Authority shall determine.

777

778

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

779

years, or any encumbrance of the personal properties or

780

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

781

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

782

newspaper of general circulation published within the Canaveral

783

Port District for 15 days by three consecutive weekly

784

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

785

particularly describing the lands, personal properties, or

786

facilities to be leased or encumbered, except where it is

787

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

788

governmental agency, and provided that in the event a petition

789

is filed within 30 days after said advertisement is published,

790

signed by 10 percent of the qualified electors residing within

791

the Canaveral Port District and therein requesting that the

792

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

793

personal properties or facilities be decided by an election

794

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

795

Authority to call an election to be held within the territory

796

constituting the Canaveral Port District, for the purpose of

797

determining whether or not said lease or said encumbrance as

798

described in said advertisement shall be executed. Said election

799

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

800

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

801

Port Authority forthwith.

802

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

803

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

804

using the waterways within said port and over which the Port

805

Authority has jurisdiction; however, this power shall be

806

exercised only within navigable waters, entrance channels,

807

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

808

Section 18. To appoint a Pilot Commission consisting of

809

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

810

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

811

and all other persons necessary to properly transact the

812

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

813

and compensation. The Port Authority is granted the power to

814

license stevedores as independent contractors for hire, and to

815

fix the terms and conditions of such licenses and to determine

816

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

817

Authority, unless terminated sooner by the licenses. The Port

818

Authority shall serve as a Pilot Commission until a Pilot

819

Commission shall be appointed.

820

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

821

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

822

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

823

by the issuance of revenue certificates or revenue bonds (which

824

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

825

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

826

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

827

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

828

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

829

expansion, promotion, or repair of harbor facilities, and

830

improvements at Port Canaveral or for the purpose of deepening,

831

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

832

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

833

or wharves at Canaveral Port, or for the purpose of

834

constructing, maintaining, or repairing platforms, railroads,

835

and railroad facilities, and serve as common carriers; to

836

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

837

surrounding or adjacent to Canaveral Port; provided that such

838

revenue certificates or revenue bonds hereby authorized to be

839

issued and outstanding shall not bear a higher rate of interest

840

than provided by general law which shall be payable

841

semiannually.

842

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

843

revenue certificates or revenue bonds by a pledge of the

844

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

845

part of the facilities connected therewith, owned and operated

846

by the Port Authority and in addition thereto, said revenue

847

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

848

any part of the personal properties of the Authority or the

849

District or the income derived therefrom, including the full

850

faith and credit of said Port District. Real property is

851

expressly excluded.

852

853

by resolution of the Port Authority, which resolution may be

854

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

855

members thereof. The revenue certificates or revenue bonds

856

issued hereunder shall bear such rate or rates of interest not

857

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

858

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

859

times not exceeding 30 years after their respective dates, in

860

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

861

registration privileges; may be subject to such terms of

862

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

863

such manner and contain such terms and conditions as the Port

864

Authority may prescribe. The revenue certificates or revenue

865

bonds herein provided for may be issued by the Port Authority

866

upon the Authority first adopting an appropriate resolution

867

authorizing such issuance and without the question of issuing

868

said revenue certificates or revenue bonds being first

869

authorized by an election held for such purpose, provided that

870

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

871

be advertised for at least 30 days prior thereto by publication

872

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

873

published in 3 weekly issues of said paper.

874

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

875

authorized and empowered to issue revenue certificates or

876

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

877

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

878

properties within the Port District for any of the purposes

879

mentioned in section 19 of this act.

880

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

881

certificates or revenue bonds, such issue shall be authorized by

882

resolution of the Port Authority; which said resolution shall

883

state the amount of the certificates or bonds proposed to be

884

issued, the purpose or purposes for which issued, the

885

denomination for such certificates or bonds, the rate of

886

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

887

conditions when, where, and upon which said certificates or

888

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

889

However, such certificates or bonds shall be issued only after

890

they have been first approved by a majority vote of the

891

qualified electors residing in the Canaveral Port District in an

892

election held within the territory constituting the Canaveral

893

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

894

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

895

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

896

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

897

consecutive weeks during said period of 30 days. Said notice

898

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

899

election, and said certificates or bonds shall be issued only

900

after the same shall have been authorized and ratified by a

901

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

902

the qualified electors who reside in said Canaveral Port

903

District shall participate.

904

905

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

906

in all respects not herein expressly provided be called and held

907

and the result thereof determined in accordance with the

908

provisions of any applicable general statute now in force or

909

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

910

the same as the places for voting at the general elections

911

usually held within the territorial limits of said District.

912

Inspectors and clerks shall be appointed and qualified as in

913

case of general elections and they shall canvass the votes cast

914

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

915

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

916

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

917

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

918

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

919

Port Authority may prescribe. A separate statement giving the

920

amount of the certificate or bond issued and the interest

921

thereon, together with such other details as may be deemed

922

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

923

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

924

Revenue Certificates or Revenue Bonds Supported by an Ad Valorem

925

Tax" and "AGAINST the Issuance of Revenue Certificates or

926

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

927

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

928

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

929

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

930

follows:

931

932

Official Ballot Canaveral Port District SPECIAL ELECTION (Insert

933

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

934

the issuance of $_______________ of Revenue Certificates (or

935

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

936

valorem tax, bearing interest at the rate of __________

937

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

938

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

939

of Revenue Certificates (or Revenue Bonds) of Canaveral Port

940

District in the amount of $_______________ supported by an ad

941

valorem tax to be issued against the taxable properties of the

942

District, bearing interest at the rate of __________ percentum

943

per annum, payable semiannually.

944

AGAINST Issuance of Revenue Certificates (or Revenue Bonds) of

945

Canaveral Port District in the amount of $_______________

946

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

947

properties of the District, bearing interest at the rate of

948

__________ percentum per annum, payable semiannually.

949

950

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

951

the issuance of said certificates or bonds, then the Canaveral

952

Port Authority shall be authorized to issue such certificates or

953

bonds in the amount specified in said resolution calling such

954

special election. The proceeds received therefrom shall be used

955

by the Authority for the purposes stated in said resolution.

956

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

957

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

958

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

959

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

960

the Canaveral Port District, is hereby further authorized,

961

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

962

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

963

Canaveral Port District, sufficient in amount to provide for the

964

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

965

a sinking fund sufficient in amount to discharge said

966

certificates or bonds at their respective maturities, which said

967

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

968

provided herein.

969

(e) The Port Authority is additionally authorized and

970

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

971

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

972

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

973

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

974

outstanding revenue certificates or revenue bonds; and to

975

execute its promissory note or notes therefor, signed in the

976

name of the Canaveral Port Authority by its Chair and its

977

Secretary and the corporate seal affixed thereto, all as

978

directed by the Board of Commissioners of the Canaveral Port

979

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

980

anticipated revenues to be derived from the previously levied

981

and assessed ad valorem tax as authorized in this section,

982

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

983

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

984

Port Authority for the payment of the interest and redemption of

985

the revenue bonds or revenue certificates of Canaveral Port

986

Authority currently becoming due.

987

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

988

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

989

valorem tax provided herein shall be as follows: The County

990

Property Appraiser of Brevard County, immediately after the tax

991

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

992

act has been reviewed and equalized by the Board of County

993

Commissioners of Brevard County, shall report in writing to the

994

Canaveral Port Authority the assessed valuation of all taxable

995

property within the territorial limits of the Canaveral Port

996

District, as assessed and equalized for state and county

997

taxation, and the Chief Financial Officer of the State of

998

Florida shall report to the Canaveral Port Authority at the time

999

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

1000

Appraiser of Brevard County the assessed valuation of all

1001

railroad lines, railroad property, telephone and telegraph

1002

lines, and telephone and telegraph properties within the

1003

Canaveral Port District, over which he or she has jurisdiction

1004

for valuation and assessment purposes and said assessed

1005

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

1006

taxation by the Port Authority.

1007

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

1008

by resolution the total amount to be raised from ad valorem

1009

taxes levied and assessed upon all the taxable property located

1010

within said Canaveral Port District to provide funds sufficient

1011

in amount to pay the interest on said revenue certificates or

1012

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

1013

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

1014

sufficient in amount to discharge the principal of revenue

1015

certificates or revenue bonds at their respective maturities;

1016

and at the same time the Port Authority shall determine the

1017

amount to be required to pay the charges and costs for

1018

operation, maintenance, general administration, capital

1019

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

1020

its resolution levying an ad valorem tax against all of the

1021

taxable property of the District sufficient to pay said

1022

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

1023

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

1024

assessed value in any one year.

1025

1026

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

1027

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

1028

shall be made and delivered to the Board of County Commissioners

1029

of Brevard County and the Chief Financial Officer of the State

1030

of Florida, with all reasonable dispatch after the Port

1031

Authority has received the total valuation of all taxable

1032

properties to be assessed within the Canaveral Port District.

1033

Upon the receipt of such resolution by said Board of County

1034

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

1035

County Commissioners to order and direct the County Property

1036

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

1037

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

1038

fixed and determined by said resolution of the Port Authority,

1039

upon all taxable properties located within said Canaveral Port

1040

District, and said revenues and assessments so determined and

1041

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

1042

County Property Appraiser for each fiscal year hereafter. The

1043

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

1044

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

1045

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

1046

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

1047

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

1048

and railroad property, all telephone and telegraph lines and

1049

telephone and telegraph property, and all other taxable property

1050

within his or her jurisdiction located within said Canaveral

1051

Port District a tax at the rate prescribed by said tax

1052

resolution of the Port Authority and to collect the said tax

1053

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

1054

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

1055

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

1056

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

1057

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

1058

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

1059

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

1060

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

1061

any of the revenue certificates and revenue bonds authorized

1062

herein, which said revenue certificates or revenue bonds shall

1063

have the qualities of negotiable paper under the law merchant

1064

and shall not be invalidated for any irregularity or defect in

1065

the proceedings for the issuance thereof and shall be

1066

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

1067

proceedings in respect to the issuance of any such revenue

1068

certificates or revenue bonds shall be necessary except such as

1069

required by this act; however, such revenue certificates or

1070

revenue bonds may be validated and confirmed in the way and

1071

manner contemplated and provided by the general laws and

1072

statutes of the state. The provisions of this act shall

1073

constitute an irrepealable contract between the Port Authority

1074

and the holders of any such revenue certificates or revenue

1075

bonds, and of the coupons thereof issued pursuant to the

1076

provisions hereof. Any holder of any of said revenue

1077

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

1078

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

1079

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

1080

the officers or persons mentioned herein relating to said

1081

revenue certificates or revenue bonds, or the levying,

1082

assessing, and collection of the taxes provided for the payment

1083

thereof.

1084

(e) The provisions of sections 193.321 through 193.327,

1085

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

1086

specifically repealed as to the power and authority of the

1087

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

1088

ad valorem taxes as set forth is this act.

1089

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

1090

Canaveral Port Authority, Brevard County, is authorized to

1091

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

1092

part of such insurance for Canaveral Port Authority officers and

1093

employees, upon a group insurance plan. The Board shall

1094

advertise for bids and shall award said group insurance to the

1095

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

1096

the Board shall have the discretion to contract for such

1097

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

1098

(b) The Board of Commissioners of the Canaveral Port

1099

Authority is authorized to pay all or any portion of the

1100

premiums for such group insurance as an operating expense. The

1101

said Board is further authorized to deduct periodically from the

1102

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

1103

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

1104

any such insurance.

1105

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

1106

hereby specifically repealed as to the Canaveral Port Authority.

1107

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

1108

authority to establish bulkhead lines, authorize dredging and

1109

filling, and have jurisdiction under chapter 253, Florida

1110

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

1111

the Canaveral Port Authority in lieu of the Board of County

1112

Commissioners.

1113

1114

Canaveral Port Authority shall comply with all applicable

1115

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

1116

as a Board of County Commissioners would comply with such

1117

provisions under the same circumstances.

1118

Section 24. To comprehensively plan for urban and rural

1119

transportation needs and to comprehensively plan for the use of

1120

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

1121

participate in such planning with other public agencies as

1122

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

1123

interlocal governmental agreements (including, without

1124

limitation by this specific reference, Metropolitan Planning

1125

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

1126

Urban Mass Transportation Act of 1964) in such transportation

1127

and real property fields.

1128

ARTICLE V. Port Commissioners

1129

Section 1. The governing authority of the Canaveral Port

1130

District is hereby created and shall be designated as the

1131

Canaveral Port Authority, and shall consist of five Port

1132

Commissioners, one Port Commissioner from each Commissioner Port

1133

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

1134

Commissioner Port District from which he or she is appointed or

1135

nominated and elected. All Port Commissioners shall be elected

1136

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

1137

Port Commissioners are elected at one general election and two

1138

Port Commissioners elected at the next ensuing general election.

1139

The term of office of each Port Commissioner shall commence on

1140

the first Tuesday after the first Monday in January following

1141

his or her election.

1142

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

1143

residency district for all elections hereunder. The five Port

1144

Commissioners shall be nominated in the general primary and

1145

elected in the general election held in each Commissioner Port

1146

District next ensuing and at all subsequent general primaries

1147

and general elections thereafter upon the official county

1148

ballots.

1149

(b) Nomination of candidates shall be made by residency

1150

districts at the primary elections, by the various political

1151

parties, as the general laws of Florida provide for County

1152

Commissioners for Brevard County, at which primary elections the

1153

electors of the Canaveral Port District at large who are

1154

qualified to vote in such primary elections shall be entitled to

1155

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

1156

of any person as a candidate on the ballots for general

1157

elections unless he or she shall have been so nominated.

1158

1159

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

1160

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

1161

statements, and receipts for party assessments; be governed by

1162

the same restrictions; be subject to like party assessments by

1163

the County Executive Committees of the respective political

1164

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

1165

Florida governing candidates for Board of County Commissioners

1166

in primaries.

1167

(d) Elections of candidates shall be at general elections

1168

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

1169

elections all qualified electors residing within the Canaveral

1170

Port District shall be entitled to vote.

1171

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

1172

of Commissioners of the Port Authority, whether caused by

1173

resignation, refusal, death, or the unconstitutionality of any

1174

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

1175

whatsoever, shall be filled for the unexpired portion of the

1176

corresponding term, or until the next ensuing general election,

1177

whichever may come sooner, by appointment by the Governor.

1178

Section 4. Every Port Commissioner, before he or she

1179

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

1180

will faithfully discharge the duties of his or her office and

1181

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

1182

Florida and give good and sufficient surety bond payable to the

1183

Governor for the use and benefit of the Canaveral Port Authority

1184

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

1185

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

1186

the Canaveral Port Authority and filed with the Secretary of

1187

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

1188

the Port Authority as a necessary expense of said District.

1189

Section 5. As soon as practicable after the newly

1190

appointed or elected Port Commissioners shall have qualified,

1191

they shall meet and organize by the selection from among

1192

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

1193

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

1194

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

1195

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

1196

qualified members shall constitute a quorum. The Chair and the

1197

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

1198

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

1199

Commissioner of the Canaveral Port Authority shall not

1200

disqualify such Port Commissioner from holding any municipal,

1201

county, or state office.

1202

Section 6. The annual salary allowance of each Port

1203

Commissioner shall be determined and adopted by the Board of

1204

Commissioners of the Canaveral Port Authority at the regular

1205

meeting held in September 2003, to be effective commencing

1206

October 1, 2003. The salary allowance established in September

1207

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

1208

Commissioners of those other special district seaports which

1209

have an established annual salary for Port Commissioners. The

1210

salary allowance shall be payable monthly and apply to all

1211

services rendered by each Port Commissioner under this act. The

1212

salary allowance adopted as provided herein may be adjusted

1213

annually by the Board of Commissioners of the Canaveral Port

1214

Authority; however, any increase in the annual salary allowance

1215

shall not exceed the average percentage increase in the salaries

1216

of state career service employees as determined pursuant to

1217

section 145.19, Florida Statutes, for the fiscal year just

1218

concluded.

1219

Section 7. All meetings of the said Port Authority shall

1220

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

1221

Port Authority. Records of all business transacted by the Port

1222

Authority shall be kept and preserved in substantial Minute

1223

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

1224

Books or excerpts therefrom, duly certified by the Secretary

1225

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

1226

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

1227

The Port Authority shall have power to prescribe by resolution

1228

rules for the conduct of its meetings not inconsistent herewith.

1229

Section 8. The expense accounts of Port Commissioners and

1230

employees shall be itemized in writing and submitted to the Port

1231

Authority in session.

1232

ARTICLE VI. Additional Powers

1233

Section 1. The Canaveral Port Authority shall have the

1234

power to impose a franchise or excise tax upon businesses and

1235

occupations carried on or operated under and by virtue of any

1236

franchise or franchises granted by the Port Authority in a sum

1237

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

1238

occupations. The administration of this section and the

1239

collection of this franchise tax are hereby vested in the

1240

Canaveral Port Authority, and said Port Authority is authorized

1241

to make, promulgate, and enforce such reasonable rules and

1242

regulations relating to the administration and enforcement of

1243

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

1244

deemed expedient, independently of all other remedies and

1245

proceedings authorized by law for the enforcement and collection

1246

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

1247

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

1248

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

1249

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

1250

action for debt or assumpsit, or substitute forms of action

1251

therefor, and any and all remedies available in such actions

1252

including attachment and garnishment shall be and are hereby

1253

made available to the said Canaveral Port Authority in the

1254

enforcement of the payment of any franchise tax accruing

1255

hereunder, provided that the Port Authority shall not be

1256

required to post bond in any such actions or proceedings.

1257

Section 2. In the further interest of the advancement,

1258

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

1259

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

1260

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

1261

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

1262

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

1263

location and establishment of trades, industries, and

1264

manufacturing establishments and other use of the property

1265

within said Port Canaveral.

1266

ARTICLE VII. Personnel

1267

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

1268

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

1269

shall be the administration head of the Port District and Port

1270

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

1271

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

1272

the basis of his or her experience and executive and

1273

administrative ability and any other qualifications the Port

1274

Authority may require.

1275

Section 2. The Port Manager shall have such duties and

1276

authority in the administration, maintenance, expansion, and

1277

operation of Port Canaveral as the Port Authority shall assign

1278

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

1279

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

1280

to and from meetings of industrialists in convention or by

1281

industry, necessary subsistence, entertainment of business

1282

guests at Port Canaveral or elsewhere, within or without the

1283

state, and meals for staff members at regular or special

1284

meetings of the Port Authority, and shall ratify past such

1285

expenditures. The Port Manager shall keep and maintain an

1286

account of the expenses involved in the performance of his or

1287

her duties and submit the same to the Port Authority for

1288

approval at any regular meeting.

1289

Section 3. The Port Manager shall receive such

1290

compensation as may be agreed.

1291

Section 4. Official travel authorized by the Canaveral

1292

Port Authority shall be reimbursed by the Authority in

1293

accordance with the following provisions:

1294

(a) All official travel performed within the state shall

1295

be reimbursable in accordance with section 112.061, Florida

1296

Statutes.

1297

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

1298

continental United States shall be reimbursable in accordance

1299

with section 112.061, Florida Statutes, with the exception of

1300

the reimbursement rates for meals. The reimbursement rates for

1301

meals shall be as follows:

1302

1303

1. Breakfast$5.00.

1304

2. Lunch$11.00.

1305

3. Dinner$22.00.

1306

1307

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

1308

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

1309

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

1310

October 1.

1311

1312

States shall be reimbursable in accordance with section 112.061,

1313

Florida Statutes, with the exception of meals. The reimbursement

1314

rates for meals shall be in accordance with the United States

1315

Department of State Standardized Regulations, Per diem

1316

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

1317

been determined by the applicable travel location, the following

1318

percentage rates will apply to the maximum daily rate allowed:

1319

1320

1. Breakfast14% of daily maximum rate.

1321

2. Lunch28% of daily maximum rate.

1322

3. Dinner58% of daily maximum rate.

1323

1324

ARTICLE VIII. Levy of Taxes

1325

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

1326

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

1327

necessary for the following purposes:

1328

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

1329

assessed valuations of all taxable property, both real and

1330

personal, within said Canaveral Port District for each year.

1331

Said tax shall constitute an Administration Fund for the

1332

operation, maintenance, and general administration expenses, and

1333

for the purchase of rights-of-way.

1334

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

1335

interest on revenue certificates and revenue bonds outstanding,

1336

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

1337

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

1338

principal, as the same severally mature in accordance with their

1339

tenor.

1340

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

1341

resolution as provided hereinabove, the Port Authority shall

1342

prepare and adopt a financial budget for the ensuing fiscal

1343

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

1344

expenditure contemplated or anticipated for the ensuing fiscal

1345

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

1346

shall be spread upon the permanent records of the Port

1347

Authority.

1348

Section 3. All revenues received by the Port Authority

1349

from the operation of Port Canaveral, other than specifically

1350

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

1351

for operation, expansion, maintenance, and general

1352

administration purposes and expenses, and for the purchase of

1353

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

1354

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

1355

discretion of the Port Authority, be transferred to the sinking

1356

fund maintained for bonds, or to purchase obligations of the

1357

Port Authority at the lowest market price.

1358

ARTICLE IX. Prohibitions

1359

Section 1. No member of the Port Authority or other

1360

officer or employee shall purchase supplies, goods, or materials

1361

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

1362

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

1363

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

1364

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

1365

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

1366

materials so purchased. No Port Commissioner or other officer or

1367

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

1368

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

1369

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

1370

provisions hereof shall be deemed guilty of malfeasance in

1371

office, provided that no Port Commissioner who shall have

1372

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

1373

against such illegal purchase or who shall have been absent at

1374

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

1375

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

1376

or delivered pursuant to such contract or purchase may be

1377

recovered by the Port Authority.

1378

ARTICLE X. Notification of Claims

1379

Section 1. Every claim, whether ex contractu or ex

1380

delicto, whether liquidated or unliquidated, whether vested or

1381

contingent, against the Port Authority or Canaveral Port

1382

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

1383

duly authorized agent, with the Port Authority within 3 months

1384

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

1385

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

1386

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

1387

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

1388

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

1389

ARTICLE XI. Statute of Limitations

1390

Section 1. No statute heretofore or hereafter enacted by

1391

the Legislature, prescribing and fixing the time in which action

1392

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

1393

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

1394

instituted and prosecuted by the Port Authority or the Canaveral

1395

Port District.

1396

ARTICLE XII. Exemption From Taxation

1397

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

1398

intangible, now owned or hereinafter acquired and held by the

1399

Canaveral Port Authority, the governing authority of the

1400

Canaveral Port District, shall be exempt from all taxation

1401

levied and assessed pursuant to the Constitution and laws of the

1402

State of Florida by any taxing unit.

1403

ARTICLE XIII. Exemption From Judgment Liens

1404

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

1405

any other writ issued or tendered against the said Canaveral

1406

Port Authority shall be a lien upon the real or personal

1407

property now owned or hereafter acquired and held by the said

1408

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

1409

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

1410

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

1411

execution and any other judicial sale.

1412

ARTICLE XIV. Appeals Bond

1413

Section 1. The Port Authority and Canaveral Port District

1414

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

1415

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

1416

receivership, garnishment, or replevin proceedings, or in the

1417

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

1418

District and Port Authority may supersede any appealable

1419

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

1420

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

1421

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

1422

filing a supersedeas bond as otherwise required by law.

1423

ARTICLE XV. Removal of Port Commissioners by Governor

1424

Section 1. No court shall have the power or jurisdiction

1425

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

1426

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

1427

event any Port Commissioner shall be guilty of intentional and

1428

willful malfeasance, nonfeasance, or misfeasance in office, or

1429

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

1430

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

1431

officers.

1432

ARTICLE XVI. Inspection of Books and Records

1433

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

1434

Authority shall at all reasonable hours on regular business days

1435

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

1436

Authority shall be at all times kept fully and adequately

1437

secured.

1438

Section 2. The books and public records of the Port

1439

Authority shall be audited by the State Auditing Department at

1440

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

1441

audited.

1442

Section 3. The fiscal year of the Port Authority shall

1443

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

1444

ARTICLE XVII. Contracts; Competition

1445

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

1446

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

1447

shall any goods, supplies, or materials for Canaveral Port

1448

District purposes or uses be purchased when the amount to be

1449

paid by the Canaveral Port District or the Port Authority shall

1450

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

1451

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

1452

newspaper of general circulation in the Canaveral Port District,

1453

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

1454

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

1455

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

1456

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

1457

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

1458

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

1459

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

1460

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

1461

performance bond deposited or contract completed. All other

1462

things being equal, preference shall be given by the Port

1463

Authority in making all purchases and the letting of all

1464

contracts to residents of the Canaveral Port District.

1465

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

1466

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

1467

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

1468

Manager or his or her designee shall do the following:

1469

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

1470

such work or furnish such property from at least three

1471

independent persons or business entities responsible in the

1472

subject business endeavor under consideration.

1473

(b) Make a record of the offers.

1474

1475

contract to the lowest responsible bidder of those solicited as

1476

provided in this article.

1477

Section 3. In lieu of the competitive bid requirements set

1478

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

1479

may utilize purchase agreements or contracts of any state

1480

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

1481

Government or its agencies, which agreements or contracts have

1482

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

1483

materials for Canaveral Port District purposes.

1484

ARTICLE XVIII. Leases and Encumbrances

1485

Section 1. Whether an election shall be required to be

1486

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

1487

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

1488

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

1489

of the Port Authority, shall be in accordance with the

1490

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

1491

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

1492

any renewal or renewals thereof, excepting leases for the

1493

purpose of the construction and development of hotels,

1494

convention centers, festive market places, and world trade

1495

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

1496

years or any renewal or renewals thereof. If an encumbrance

1497

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

1498

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

1499

referendum is requested by a petition bearing the signatures of

1500

1 percent of the qualified electors.

1501

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

1502

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

1503

publication in a newspaper published within said Canaveral Port

1504

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

1505

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

1506

consecutive weekly issues.

1507

Section 3. Said notice shall state the description of the

1508

lands, personal properties, or facilities to be leased or

1509

encumbered and the sum to be received by the Port Authority

1510

therefor.

1511

Section 4. All qualified electors residing in the

1512

Canaveral Port District shall be entitled to vote in said

1513

election, which election shall in all respects not herein

1514

expressly provided be called and held and the results thereof

1515

determined in accordance with the provisions of any applicable

1516

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

1517

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

1518

places for voting at the general elections usually held within

1519

the territorial limits of the Canaveral Port District.

1520

Inspectors and clerks shall be appointed and qualified as in

1521

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

1522

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

1523

said election shall be made to the Port Authority.

1524

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

1525

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

1526

at such elections with such description of the lands, personal

1527

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

1528

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

1529

and the amount and rate of interest, together with other

1530

details, to be voted on.

1531

Section 6. Said ballots shall be in form substantially as

1532

follows:

1533

1534

OFFICIAL BALLOT

1535

CANAVERAL PORT DISTRICT

1536

Special election (Insert date)

1537

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

1538

subject matter),

1539

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

1540

proposition of your choice.

1541

( ) FOR (insert subject matter)

1542

( ) AGAINST (insert subject matter)

1543

1544

Section 7. If a majority of the qualified electors

1545

residing in said Canaveral Port District who shall participate

1546

in such election shall cast their votes in favor of the

1547

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

1548

become the duty of the Canaveral Port Authority to execute and

1549

deliver the lease or the encumbrance as authorized in said

1550

election.

1551

ARTICLE XIX. Severability Clause

1552

Section 1. If any section, subsection, paragraph,

1553

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

1554

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

1555

shall not affect the validity of the remaining portions of this

1556

act, the Legislature hereby declaring that it would have enacted

1557

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

1558

subparagraph, sentence, clause, and phrase thereof, irrespective

1559

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

1560

paragraphs, subparagraphs, sentences, clauses, or phrases

1561

thereof may be declared to be unconstitutional or otherwise

1562

ineffective.

1563

ARTICLE XX. Declaration of Public Purposes

1564

Section 1. It is hereby determined and declared by the

1565

Legislature that all of the powers conferred upon the District

1566

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

1567

proper public purposes and are for the welfare and benefit of

1568

the District and its inhabitants.

1569

Section 2. The provisions of this act shall be liberally

1570

construed to effectuate the purposes set forth herein.

1571

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

1572

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

1573

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

1574

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

1575

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

1576

repealed.

1577

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