ENROLLED HB 0647 2003 Legislature
1	A bill to be entitled
2	An act relating to the Jacksonville Seaport Authority;
3	amending chapters 92-341 and 2001-319, Laws of Florida, as
4	amended; changing the name of the authority; amending
5	certain requirements relating to competitive bidding;
6	providing an effective date.
7
8	Be It Enacted by the Legislature of the State of Florida:
9
10	Section 1. The introductory paragraph and subsections (1)
11	and (2) of section 1, the introductory paragraph of section 3,
12	section 5, subsection (a) of section 7, subsections (1) and (2)
13	of section 10, and sections 12 and 13 of section 1 of chapter
14	2001-319, Laws of Florida, as amended, are amended to read:
15	Section 1. Creation of Jacksonville PortSeaportAuthority
16	and Jacksonville Airport Authority.--
17	(1) There are hereby created and established two separate
18	bodies politic and corporate to be known as the Jacksonville
19	Port SeaportAuthority and the Jacksonville Airport Authority
20	respectively (hereinafter referred to singly as an “authority”
21	and collectively as “authorities”), which are created as
22	agencies and political subdivisions of the State of Florida in
23	the nature of counties and not municipalities. These authorities
24	are authorized to exercise their respective jurisdictions,
25	powers, and duties within the geographic area defined by the
26	boundary linesterritorial limits of the former Duval County as
27	established by s. 7.16, Florida Statutes, which boundary lines
28	also define the geographic area ofterritorial limits now exist
29	within the City of Jacksonville. The Jacksonville PortSeaport
30	Authority shall operate, manage, and control the seaport and
31	ancillary facilities located within Duval County. The
32	Jacksonville Airport Authority shall operate, manage, and
33	control all publicly owned airports and ancillary facilities
34	located within Duval County. This authorization for a port
35	authority split shall be reviewed for performance and efficiency
36	after a period of 4 years.
37	(2) The governing body for the Jacksonville PortSeaport
38	Authority shall consist of seven members, four of whom shall be
39	appointed by the Mayor of the City of Jacksonville with the
40	confirmation of the council of the City of Jacksonville, and
41	three of whom shall be appointed by the Governor of Florida with
42	the confirmation of the Senate. The governing body for the
43	Airport Authority shall consist of seven members, four of whom
44	shall be appointed by the Governor of Florida with the
45	confirmation of the Senate, and three of whom shall be appointed
46	by the Mayor of the City of Jacksonville with the confirmation
47	of the council of the City of Jacksonville. Members shall serve
48	for terms of 4 years commencing on October 1st of the year of
49	the appointment or for the unexpired portion of a term deemed to
50	have commenced on October 1st. Members of either authority,
51	during their terms, shall serve at the pleasure of the Mayor or
52	Governor, whoever appointed the member. Members shall continue
53	to serve on either authority until their respective successors
54	are appointed. A vacancy occurring during a term of an appointed
55	member, on either authority, shall be filled only for the
56	balance of the unexpired term. Any member appointed to an
57	authority for two consecutive full terms shall not be eligible
58	for appointment to that same authority for the next succeeding
59	term. Provided, however, notwithstanding the above, members
60	initially appointed to eachtheauthority shall serve in
61	staggered terms to provide continuity of experience to each
62	authority with two gubernatorial appointments and two mayoral
63	appointments being for initial 2-year terms, which shall count
64	as a full term for purposes of term limits herein.
65	Section 3. Powers.--Each authority shall have the below
66	specified powers, in addition to other powers otherwise
67	conferred by law; however, those powers that relate to maritime
68	issues are vested in the Jacksonville PortSeaportAuthority;
69	those powers that relate to aviation issues are vested in the
70	Jacksonville Airport Authority; those powers that are neutral in
71	nature are vested in both authorities:
72	Section 5. Budget and finance.--The fiscal year of each
73	authority shall commence on October 1 of each year and end on
74	the following September 30. Each authority shall prepare and
75	submit its budget to the council of the City of Jacksonville on
76	or before July 1 for the ensuing fiscal year. The council,
77	consistent with the provisions of the Charter of the City of
78	Jacksonville, may increase or decrease the appropriation
79	[budget] requested by each authority on a total basis or a line-
80	by-line basis; however, the appropriation for construction,
81	reconstruction, enlargement, expansion, improvement, or
82	development of any project or projects authorized to be
83	undertaken by the Jacksonville PortSeaportAuthority shall not
84	be reduced below $800,000 for each year that the bonds to which
85	the $800,000 is pledged remain outstanding.
86	Section 7. Rights of employees.--
87	(a) Except as provided in paragraph (b), all employment
88	rights and employee benefits authorized under section 11,
89	chapter 63-1447, Laws of Florida, as amended, are hereby
90	confirmed, ratified, and continued, notwithstanding the repeal
91	of said chapter 63-1447, Laws of Florida, as amended. In order
92	to preserve the rights of employees of the former Jacksonville
93	Port Authority to continue participation in the Florida
94	Retirement System pursuant to chapter 121, Florida Statutes,
95	each separate authority created by this act shall be a county
96	agency and employees of each such authority shall participate in
97	the Florida Retirement System, notwithstanding any law to the
98	contrary. Those employees of the Jacksonville Port Authority who
99	were assigned to any activity related to the operation of the
100	marine facilities shall become employees of the Jacksonville
101	PortSeaport Authority created by this act. Those employees of
102	the formerJacksonville Port Authority who were assigned to any
103	activities related to the operation of any aviation facilities
104	operated by the formerJacksonville Port Authority shall be
105	employees of the Jacksonville Airport Authority. Central
106	administrative employees shall be employed by either the
107	Jacksonville PortSeaportAuthority or the Jacksonville Airport
108	Authority created by this act. It is expressly provided that
109	none of those employees of the former Jacksonville Port
110	Authority who remain with either the Jacksonville PortSeaport
111	Authority or the Jacksonville Airport Authority created by this
112	actshall lose any rights or benefits of whatsoever kind or
113	nature afforded to them by any law, ordinance, collective
114	bargaining agreement, or existing policy or plan, including, but
115	not limited to, pension benefits by virtue of the change in
116	corporate structure. In order to effectively implement the
117	foregoing, each authority shall perform all functions with
118	regard to its own employees that prior to the operation of the
119	two authorities created by this act were performed by the former
120	Jacksonville Port Authority. In order to specifically preserve
121	the rights of employees of the former Jacksonville Port
122	Authority to continue participation in the Florida Retirement
123	System, pursuant to chapter 121, Florida Statutes, each separate
124	authority created by this act shall be a county authority and
125	employees of each such authority who are currently participating
126	in the Florida Retirement System and all employees of each
127	authority after the effective date of this act shall participate
128	in the Florida Retirement System.
129	Section 10. Award of contracts.--
130	(1) If the total cost, value, or amount ofAll
131	construction, reconstruction, repairs, or work of any nature
132	made by the authorities, where the entire costs, value, or
133	amount of such construction, reconstruction, repairs, or work,
134	including the labor and materials, exceeds $12,000 when
135	purchased by the Jacksonville Airport Authority and if the total
136	cost, value, or amount of construction, reconstruction, repairs
137	or work, including the labor and materials, exceeds $50,000 when
138	purchased by the Jacksonville Port Authority, any such
139	construction, reconstruction, repairs, or work exceeding the
140	foregoing amounts established for each authority, shall be done
141	only under contract or contracts to be entered into by the
142	authorities with the lowest responsible bidder upon proper terms
143	and after due public notice has been given asking for
144	competitive bids as hereinafter provided. The foregoing
145	requirement for competitive bidding shall not apply to, except
146	construction, reconstruction, repairs, or work done by employees
147	of such authorities or by labor supplied under agreement with
148	Federal Government or state government, with supplies and
149	materials purchased as hereinafter provided, shall be done only
150	under contract or contracts to be entered into by the
151	authorities with the lowest responsible bidder upon proper
152	terms, after due public notice has been given asking for
153	competitive bids as hereinafter provided. Each authority shall
154	keep a current list of responsible bidders and, whenever the
155	authorities shall award a contract, the bidder shall come from
156	such list. No contract shall be entered into for construction,
157	improvement, or repair of any project, or any part thereof,
158	unless the contractor shall have given an undertaking with a
159	sufficient surety or sureties, approved by either authority, and
160	in an amount fixed by either authority, for the faithful
161	performance of the contract. All such contracts shall provide,
162	among other things, that the person or corporation entering into
163	such contract with each authority will pay for all materials
164	furnished and services rendered for the performance of the
165	contract and that any person or corporation furnishing such
166	materials or rendering such services may maintain an action to
167	recover for the same against the obligor in the undertaking, as
168	though such person or corporation were named therein, provided
169	the action is brought within 1 year after the time the cause of
170	action accrued. Nothing in this section shall be construed to
171	limit the power of either authority to construct any project, or
172	any part thereof, or any addition, betterment, or extension
173	thereto, directly by the officers, agents, and employees of such
174	authority, or otherwise, other than by contract.
175	(2) All supplies, equipment, machinery, and materials,
176	exceedingcosting $12,000 in cost purchased by the Jacksonville
177	Airport Authorityor more, shall be purchased by that authority
178	the authoritiesonly after due advertisement as provided
179	hereinafter. All supplies, equipment, machinery, and materials
180	exceeding $25,000 in cost purchased by the Jacksonville Port
181	Authority shall be purchased by that authority only after due
182	advertisement as provided hereinafter. When purchasing supplies,
183	equipment, machinery, and materials pursuant to competitive bid
184	as mandated herein, each authorityThe authoritiesshall accept
185	the lowest bid or bids, kind, quality, and material being equal
186	but the authorities shall have the right to reject any or all
187	bids or select a single item from any bid. The provision as to
188	bidding shall not apply to the purchase of patented and
189	manufactured products offered for sale in a noncompetitive
190	market or solely by a manufacturer's authorized dealer.
191	Section 12. Transfer of assets and liabilities.--The
192	formerJacksonville Port Authority shall take all actions
193	necessary to convey, assign, transfer, and set over:
194	(1) All of the right, title, and interests of the
195	Jacksonville Port Authority in and to its marine port facilities
196	and its airport facilities, including, without limitation, its
197	real and personal property and any interests therein, books,
198	records, contracts, leases, and all other property of any kind
199	or nature related to the operation of the marine port activities
200	and airport activities, by operation of this act and without
201	further act, to the Jacksonville PortSeaport Authority or the
202	Jacksonville Airport Authority created by this act,
203	respectively, depending upon the operation or jurisdiction of
204	each such authority.
205	(2) All contracts and leases relating to the former
206	Jacksonville Port Authority's marine port operations and airport
207	operations, respectively, shall, by operation of this act and
208	without further act, become contracts and leases of the
209	Jacksonville PortSeaportAuthority or the Jacksonville Airport
210	Authority, respectively, depending upon the operating
211	jurisdiction of each successor authority.
212	(3) All accounts receivable, accounts payable, and cash on
213	hand relating to the formerJacksonville Port Authority's marine
214	port operations and airport operations shall, by operation of
215	this act, and without further act, be transferred or delivered
216	to the Jacksonville PortSeaportAuthority or the Jacksonville
217	Airport Authority created by this act, respectively, depending
218	upon the operating jurisdiction of each such authority.
219	(4) All operating expenses, including taxes of all kinds
220	and all revenue and expense accruals of the formerJacksonville
221	Port Authority's marine operations and airport operations shall
222	be transferred to the Jacksonville PortSeaportAuthority or to
223	the Jacksonville Airport Authority created by this act,
224	respectively, depending upon the operating jurisdiction of each
225	such authority, on the effective date at transfer.
226
227	The conveyances specified in this section shall be effective as
228	of October 1, 2001.
229	Section 13. Chapter 315, Florida Statutes, relating to
230	port facilities financing, also applicable.--The provisions of
231	chapter 315, Florida Statutes, relating to port facilities
232	financing, shall also be applicable to the Jacksonville Port
233	SeaportAuthority.
234	Section 2. Subsection (2) of section 3 of section 2 of
235	chapter 2001-319, Laws of Florida, as amended, is amended to
236	read:
237	Section 3. Repealer; abolition of Jacksonville Port
238	Authority; assumption of responsibility.--
239	(2) Effective October 1, 2001, the formerJacksonville
240	Port Authority, created, established, revised, or amended by the
241	above-referenced laws, is hereby abolished, and all its
242	functions, plans, projects, and programs in effect or undertaken
243	by the formerJacksonville Port Authority relative to seaport
244	operations and airport operations shall be assumed by the
245	Jacksonville PortSeaportAuthority and the Jacksonville Airport
246	Authority, respectively, on that date.
247	Section 3. Section 18.07 of chapter 92-341, Laws of
248	Florida, as amended by chapter 2001-319, Laws of Florida, is
249	amended to read:
250	Section 18.07. Definitions.
251	For purposes of this Charter, the following terms shall
252	have the following meanings:
253	(d) “Independent agencies” means the Duval County School
254	Board, the Jacksonville Airport Authority, the Jacksonville Port
255	SeaportAuthority, the Jacksonville Transportation Authority,
256	the JEAJacksonville Electric Authority, the Jacksonville
257	Downtown Development Authority, and the Jacksonville Police and
258	Fire Pension Board of Trustees.
259	Section 4. Section 24.04 of chapter 92-319, Laws of
260	Florida, as amended by chapter 2001-319, Laws of Florida, is
261	amended to read:
262	Section 24.04. Individual ex officio advisors to the
263	commission.
264	The following individual ex officio advisors are named to
265	assist the commission in an advisory or fact-finding role as may
266	be requested individually or collectively of them by the
267	commission so as to effectuate the centralized economic
268	development goals of the commission. No ex officio advisor shall
269	serve simultaneously as both an ex officio advisor and as an
270	appointed member of the commission. These individual ex officio
271	advisors shall be:
272	(4) The Executive DirectorPresident/Chief Executive
273	Officer of the Jacksonville Airport Authority.
274	(12) The Executive DirectorPresident/Chief Executive
275	Officer of the Jacksonville PortSeaportAuthority.
276	Section 5. This act shall take effect upon becoming a law.