HB 0829 2003
1	A bill to be entitled
2	An act relating to the Manatee County Port Authority;
3	codifying, reenacting, amending, and repealing special
4	acts related to the Port Authority; providing a charter;
5	providing for formation as a dependent special district;
6	providing for the operation of the port authority;
7	providing for powers, functions, and duties; providing for
8	construction and effect; providing an effective date.
9
10	Be It Enacted by the Legislature of the State of Florida:
11
12	Section 1. Pursuant to section 189.429, Florida Statutes,
13	this act constitutes the codification of all special acts
14	relating to the Manatee County Port Authority. It is the intent
15	of the Legislature to provide a single, comprehensive special
16	act charter for the district including all current legislative
17	authority granted to the district by its several legislative
18	enactments as herein provided, and any additional authority
19	granted by this act and chapters 189 and 315, Florida Statutes,
20	as the same may be amended from time to time. It is further the
21	intent of this act to preserve all district authority.
22	Section 2. Chapters 67-1681, 69-1277, 69-1279, 74-532, and
23	75-428, Laws of Florida, relating to the Manatee County Port
24	Authority, are codified, reenacted, amended, and repealed as
25	provided herein.
26	Section 3. The Manatee County Port Authority is re-created
27	and reenacted to read:
28	Section 1. District formation ratified, restated, and
29	approved.--The Manatee County Port Authority (Port Authority) as
30	initially established pursuant to chapter 67-1681, Laws of
31	Florida, and thereafter amended as provided by special acts of
32	the Legislature, is ratified, confirmed, and approved.
33	Section 2. Establishment.--The Port Authority, a dependent
34	special district, is established for all purposes set forth in
35	this act and chapters 189 and 315, Florida Statutes, as the same
36	may be amended from time to time. This charter may be amended
37	only by special act of the Legislature.
38	Section 3. Popular name.--This charter shall be known and
39	may be cited as the Manatee County Port Authority Act.
40	Section 4. Definitions.--As used in this charter, the
41	following words and terms shall have the following meanings:
42	(1) “Port Authority” shall mean the Board of County
43	Commissioners of Manatee County, Florida, acting as a Manatee
44	County Port Authority. When conducting business as a Port
45	Authority, the board of county commissioners shall use the name
46	of Manatee County Port Authority.
47	(2) “Port facilities” shall mean and shall include harbor,
48	shipping, and port facilities and improvements of every kind,
49	nature, and description, including, but not limited to,
50	channels, turning basins, jetties, breakwaters, public landings,
51	wharves, docks, markets, parks, recreational facilities,
52	structures, buildings, piers, storage facilities, public
53	buildings and plazas, anchorages, utilities, bridges, tunnels,
54	roads, railroads, causeways, port-related aviation facilities
55	such as helipads, and any and all property and facilities
56	necessary or useful in connection with the foregoing, and any
57	one or more of any combination thereof and any extension,
58	addition, betterment, or improvement of any thereof.
59	(3) “Cost” as applied to any port facilities shall mean
60	and shall include the cost of acquisition or construction, the
61	cost of all labor, materials, machinery, and equipment, the cost
62	of all lands, property, rights, easements, and franchises
63	acquired, financing charges, interest prior to and during
64	construction and for 1 year after completion of construction,
65	cost of plans and specifications, surveys and estimates of cost
66	and of revenues, cost of engineering and legal services, all
67	other expenses necessary or incident to determining the
68	feasibility or practicability of such construction, the cost of
69	acquiring or improving, enlarging, and extending existing port
70	facilities and preparing the same for sale or lease to provide
71	funds for financing port facilities under the provisions of this
72	charter, if in the determination of the governing body, such
73	acquisition, such improvement, enlargement, and extension, or
74	such preparation for sale or lease are necessary to such
75	financing, administrative expenses, and such other expenses as
76	may be necessary or incident to any financing herein authorized.
77	Any obligation or expense heretofore or hereafter incurred by
78	Manatee County and/or the Manatee County Port Authority in
79	connection with any of the foregoing items of cost may be
80	regarded as a part of such cost and reimbursed to Manatee County
81	and/or the Manatee County Port Authority out of the proceeds of
82	port facilities bonds issued under the provisions of this
83	charter.
84	Section 5. Public purpose declared.--It is hereby
85	determined and declared that each and all of the powers
86	conferred by this charter and the exercise thereof are proper
87	public and county purposes.
88	Section 6. Grant of powers.--The Port Authority, in
89	addition to any and all powers granted to it by chapter 315.03,
90	Florida Statutes, other laws, general, local or special, is
91	hereby authorized and empowered:
92	(1) To acquire by purchase, grant, gift, or lease, or by
93	the exercise of the right of eminent domain, and to hold and
94	dispose of any property, real or personal, tangible or
95	intangible, or any right or interest in any such property, for
96	or in connection with any port facilities, whether or not
97	subject to mortgage, liens, charges, or other encumbrances.
98	(2) To construct within Manatee County any bridge, tunnel,
99	road, or railroad lines, or any combination thereof, to, from,
100	or between any port facilities.
101	(3) To sell at public or private sale or lease for public
102	or private purposes all or any portion of any port facilities
103	now or hereafter owned, including any such facilities as
104	extended, enlarged, or improved, and all or any portion of any
105	property improved, created, extended, or enlarged under the
106	authority of this law, on such terms and subject to such
107	conditions as the Port Authority shall determine to be in the
108	best interests of the Port Authority.
109	(4) To accept loans or grants of money or materials or
110	property at any time from the United States or the State of
111	Florida or any agency, instrumentality, or subdivision thereof,
112	upon such terms and conditions as the United States, the State
113	of Florida, or such agency, instrumentality, or subdivision may
114	impose.
115	(5) To operate and maintain, and to fix and collect rates,
116	rentals, fees, and other charges for any of the services and
117	facilities now or hereafter acquired, owned, or constructed by
118	the Port Authority.
119	(6) To lease or rent or contract with others for the
120	operation of all or any part of any port facilities now or
121	hereafter acquired, owned, or constructed by the Port Authority,
122	on such terms and for such period or periods and subject to such
123	conditions as the Port Authority shall determine to be in the
124	best interests of the Port Authority.
125	(7) To contract debts for the acquisition or construction
126	of any port facilities or for any other purposes of this law, to
127	borrow money, to make advances, and to issue bonds or other
128	obligations to finance all or any part of such acquisition or
129	construction or in the carrying out of any other purposes of
130	this charter.
131	(8) To contract with the United States or the State of
132	Florida or any agency or instrumentality thereof or with any
133	public body or political subdivision or with any private person,
134	firm, or corporation with reference to any of the powers hereby
135	granted.
136	(9) To have and to exercise all of the powers, rights, and
137	authority now vested by the Statutes of the State of Florida in
138	the office of the Board of Pilot Commissioners.
139	(10) To appoint, regulate, control, and prescribe the
140	powers, duties, and compensation of harbor masters.
141	(11) To appoint and license such number of pilots as the
142	Port Authority shall, in its sole discretion, determine to be
143	necessary to properly conduct the business of the port. Provided
144	that nothing contained herein shall be construed as prohibiting
145	the Port Authority from appointing and licensing pilots who at
146	the time of appointment are also serving any other port on Tampa
147	Bay.
148	(12) To publicize, advertise, and promote the activities
149	and projects authorized by this act, to make known to users,
150	potential users, and public in general, the advantages,
151	facilities, resources, products, attractions, and attributes of
152	the activities and projects authorized by this charter; to
153	further create a favorable climate of opinion concerning the
154	activities and projects authorized and indicated by this
155	charter; to cooperate, including the grant or expenditure of
156	funds, to and with other agencies, both public and private, in
157	accomplishing the purposes enumerated and indicted by this
158	charter; and in furtherance thereof, to authorize reasonable
159	expenditures by supporting voucher to be filed for audit for the
160	purposes herein enumerated, including, but not limited to,
161	meals, hospitality, and entertainment of persons in the interest
162	of promoting and engendering good will towards the activities
163	and projects herein authorized.
164	(13) To perform any of the acts hereby authorized through
165	or by means of its own officers, agents, or employees or by
166	contract.
167	(14) To do all acts and things and to enter into all
168	contracts and agreements necessary or convenient to carry out
169	the purposes of this law.
170	Section 7. Contracts for borrowing of money.—Pursuant to
171	chapter 315, Florida Statutes, and this charter, the Port
172	Authority may contract with any person, firm, corporation, or
173	public body or with the United States or any agency or
174	instrumentality thereof for the borrowing of money for paying
175	all or any part of the cost of any one or more port facilities,
176	and any such contract may contain such terms, conditions, or
177	provisions as the Port Authority may determine not in conflict
178	with the provisions of this charter or chapter 315, Florida
179	Statutes. The provisions of section 13 of this charter
180	applicable to bonds shall be applicable also to contracts
181	entered into under the above provisions of this section. Any
182	such contract may be hypothecated by the Port Authority and the
183	Port Authority may borrow money under such terms and conditions
184	as it shall determine in anticipation of the receipt of funds
185	under such contract.
186	Section 8. Exemption from taxation.--As adequate port
187	facilities are essential for the welfare of the inhabitants and
188	the industrial and commercial development of the area within or
189	served by the Port Authority, and as the exercise of the powers
190	conferred by this charter to effect such purposes constitute the
191	performance of proper public and governmental functions, and as
192	such port facilities constitute public property and are used for
193	public purposes, the Port Authority shall not be required to pay
194	any state, county, municipal, or other taxes or assessments
195	thereof, or upon the income therefrom, and any bonds issued
196	under the provisions of this charter, their transfer and the
197	income therefrom, including any profit made on the sale thereof,
198	shall at all times be free from taxation within the state.
199	Section 9. Resolutions authorized.--All action required or
200	authorized to be taken under the provisions of this charter or
201	chapter 315, Florida Statutes, by the Port Authority may be by
202	resolution, which resolution may be adopted at the meeting of
203	the Port Authority at which such resolution is introduced and
204	shall take effect immediately upon such adoption. Except as
205	otherwise provided in this charter, no resolution under this
206	charter need be published or posted, nor shall any such
207	resolution require for its passage more than a majority of all
208	the members of the Port Authority then in office.
209	Section 10. Liberal construction.--This charter, being
210	necessary for the welfare of the inhabitants of the state, shall
211	be liberally construed to effect the purposes thereof.
212	Section 11. Chapter cumulative.--This charter shall be
213	deemed to provide an additional and alternative method for the
214	doing of the things authorized hereby and shall be regarded as
215	supplemental and additional to the powers conferred by any other
216	law, and shall not be regarded as in derogation of any powers
217	now existing. Bonds may be issued and any other action may be
218	taken hereunder notwithstanding that any other law may provide
219	for the issuance of bonds for like purposes or the taking of
220	like action and without regard to the requirements,
221	restrictions, or procedural provisions contained in any other
222	law.
223	Section 12. Bonds.--Pursuant to chapter 315, Florida
224	Statutes, and this charter, the Port Authority is hereby
225	authorized to provide by resolution, at one time or from time to
226	time, for the issuance of bonds for the purpose of paying all or
227	a part of the cost of any one or more port facilities. The bonds
228	of each issue or series shall be dated, shall bear interest, and
229	shall mature at such time or times not exceeding 40 years from
230	their date or dates, as may be determined by the Port Authority,
231	and may be made redeemable before maturity, at the option of the
232	Port Authority, at such price or prices and under such terms and
233	conditions as may be fixed by the Port Authority prior to the
234	issuance of the bonds. The Port Authority shall determine the
235	form of the bonds, including any interest coupons to be attached
236	thereto, and the manner or execution of the bonds, and shall fix
237	the denomination or denominations of the bonds, and the place or
238	places of payment of principal and interest, which may be at any
239	bank or trust company within or without the state. In case any
240	officer whose signature or a facsimile of whose signature shall
241	appear on the bonds or coupons shall cease to be such officer
242	before the delivery of such bonds, such signature or such
243	facsimile shall nevertheless be valid and sufficient for all
244	purposes the same as if he or she had remained in office until
245	such delivery, and any bond may bear the facsimile signature of,
246	or may be signed by, such persons as at the actual time of the
247	execution of such bond shall be the proper officers to sign such
248	bond, although at the date of such bond such persons may not
249	have been such officers. Notwithstanding any other provisions of
250	this charter or any recitals in any bonds issued under the
251	provisions of this charter, all such bonds shall be deemed to be
252	negotiable instruments under the laws of Florida. The bonds may
253	be issued in coupon or in registered form, or both, as the Port
254	Authority may determine, and provision may be made for the
255	registration of any coupon bonds as to principal alone and also
256	as to both principal and interest, for the reconversion into
257	couponed bonds of any bonds registered as to both principal and
258	interest, and for the interchange of coupon and registered
259	bonds. The issuance of such bonds shall not be subject to any
260	limitation or conditions contained in any other law, and any
261	bonds issued under this charter shall not be considered in
262	computing the amount of indebtedness which Manatee County or the
263	Port Authority may incur under any other law. The Port Authority
264	may sell such bonds in such manner, either at public or private
265	sale and for such price, as it may determine to be for the best
266	interest of the Port Authority. Prior to the delivery of
267	definitive bonds, the Port Authority may, under like
268	restrictions, issue interim receipts or temporary bonds, with or
269	without coupons, exchangeable for definitive bonds when such
270	bonds have been executed and are available for delivery. The
271	Port Authority may also provide for the replacement of any bonds
272	which have become mutilated or destroyed or lost. Bonds may be
273	issued under the provisions of this charter without obtaining
274	the consent of any commission, board, bureau, or agency of the
275	state, and without any other proceeding or the happening of any
276	other condition or thing than those proceedings, conditions, or
277	things which are specifically required by this charter.
278	Section 13. Source of payment and security for bonds.--The
279	Port Authority may provide that bonds issued under the
280	provisions of this charter or chapter 315, Florida Statutes,
281	shall be payable from and secured by a pledge of any one or more
282	of the following sources:
283	(1) Revenues of any one or more port facilities now owned
284	or hereafter acquired or constructed by the Port Authority.
285	(2) Proceeds of the sale or lease of all or any part of
286	any port facilities now or hereafter owned by the Port Authority
287	as such facilities may be extended, enlarged, or improved, or of
288	any property improved, created, extended, or enlarged or
289	prepared for sale or lease under the authority of this charter.
290	(3) Any money received by the Port Authority from the
291	United States or any agency or instrumentality thereof in
292	connection with any port facilities or in repayment of any
293	advances made by the Port Authority for all or any part of the
294	cost of any port facilities.
295	(4) Any funds received or to be received from the State of
296	Florida under authority of chapter 315, Florida Statutes. The
297	Legislature does hereby covenant with the holders of bonds
298	issued pursuant to the provisions of this law that it will not
299	enact any law which will repeal, impair or amend, in any manner,
300	the rights of such holders or the security of the taxes
301	collected from the operation of pari-mutuel pools which may be
302	pledged to the payment of the principal or of interest on such
303	bonds and the redemption premium, if any.
304	The board of county commissioners may provide that such
305	bonds shall be additionally secured by the full faith credit and
306	taxing power of said Manatee County and that the county shall be
307	irrevocably and unconditionally obligated to levy ad valorem
308	taxes upon all taxable property within said county without limit
309	as to rate or amount for the payment of the principal of and
310	interest on said bonds to the full extent that the revenues or
311	other funds pledged for such principal and interest on said
312	bonds by the authority are insufficient therefor. No pledge of
313	the full faith and credit of said county for the payment of the
314	principal of and interest on said bonds shall be made, however,
315	until the same shall have been approved by the qualified
316	electors who are freeholders residing in said county in the
317	manner provided in the constitution and statutes of the State of
318	Florida. The Port Authority may additionally secure any such
319	bonds by a mortgage or other encumbrance, subject to such terms
320	and conditions as it shall provide, upon all or any part of any
321	port facilities now or hereafter owned by the Port Authority, as
322	such facilities may be extended, enlarged, or improved, or of
323	any property of the Port Authority improved, created, extended,
324	or enlarged or prepared for sale or lease under the authority of
325	this charter, and the Port Authority is hereby authorized to
326	sell at public or private sale, or lease any such port
327	facilities or property, subject to such terms and conditions and
328	for such price, payable at one time or from time to time in
329	installments as the Port Authority may provide, and to apply the
330	proceeds of any such sale or lease, after paying all costs in
331	connection therewith, to payment of the cost of any port
332	facilities financed under the provisions of this law or to the
333	payment of the principal or of the interest or redemption
334	premiums on any bonds issued hereunder or to the payment of any
335	other obligation or obligations herein authorized.
336	Section 14. Refunding bonds.—Pursuant to chapter 315,
337	Florida Statutes, and this charter, the Port Authority is hereby
338	authorized by resolution to provide for the issuance of
339	refunding bonds of the Port Authority for the purpose of
340	refunding any bonds then outstanding which shall have been
341	issued under the provisions of this charter or which shall have
342	been issued to provide funds for the payment of the cost of any
343	port facilities under the provision of any other charter,
344	including the payment of any redemption premium thereof and any
345	interest accrued or to accrue to the date of redemption of such
346	bonds, and, if deemed advisable by the Port Authority, for the
347	additional purpose of acquiring or constructing additional port
348	facilities. The issuance of such bonds, the maturities and other
349	details thereof, the rights of the holders thereof, and the
350	rights, duties, and obligations of the Port Authority in respect
351	of the same, shall be governed by the provisions of this charter
352	insofar as the same may be applicable.
353	Section 15. Trust agreement or resolution.--In the
354	discretion of the Port Authority, any bonds issued under the
355	provisions of chapter 315, Florida Statutes, or this charter may
356	be secured by a trust agreement by and between the Port
357	Authority and a corporate trustee, which may be any trust
358	company or bank having the powers of a trust company within or
359	without the state. Such trust agreement or the resolution
360	providing for the issuance of such bonds may contain such
361	provisions for protecting and enforcing the rights and remedies
362	of the bondholders as may be reasonable and proper and not in
363	violation of law, including covenants setting forth the duties
364	of the Port Authority in relation to the acquisition of property
365	and the acquisition, construction, improvement, maintenance,
366	repair, lease, operating, and insurance of any port facilities
367	in connection with which such bonds shall have been authorized,
368	the custody, safeguarding, or application of all moneys, and
369	conditions or limitations with respect to the issuance of
370	additional bonds. It shall be lawful for any bank or trust
371	company incorporated under the laws of Florida which may act as
372	depositary of the proceeds of bonds or of revenue or other funds
373	to furnish such indemnifying bonds or to pledge such securities
374	as may be required by the Port Authority. Any such trust
375	agreement or resolution may set forth the rights and remedies of
376	the bondholders and of the trustee under any such trust
377	agreement, and may restrict the individual right of action by
378	bondholders. In addition to the foregoing, any such trust
379	agreement or resolution may contain such other provisions as the
380	Port Authority may deem reasonable and proper for the security
381	of the bondholders. All expenses incurred in carrying out the
382	provisions of such trust agreement or resolution shall be
383	treated as a part of the cost of the operation of the port
384	facilities.
385	Section 16. Status as legal investments.--Bonds issued
386	under the provisions of chapter 315, Florida Statutes, or this
387	charter are hereby made securities in which all public officers
388	and public bodies of the state and its political subdivisions,
389	all insurance companies, trust companies, banking associations,
390	investment companies, executors, administrators, trustees, and
391	other fiduciaries may properly and legally invest funds,
392	including capital in their control or belonging to them. Such
393	bonds are hereby made securities which may properly and legally
394	be deposited with and received by any state or county officer or
395	any agency or political subdivision of the state for any purpose
396	for which the deposit of bonds or obligations of Manatee County
397	is now or may hereafter be authorized by law.
398	Section 17. Remedies of bondholders.--Any holder of bonds
399	issued under the provisions of this charter or any of the
400	coupons appertaining thereto, and the trustee under any trust
401	agreement, except to the extent the rights herein given may be
402	restricted by such trust agreement or the resolution authorizing
403	the issuance of such bonds may, either at law or in equity, by
404	suit, action, mandamus, or other proceedings, protect and
405	enforce any and all rights under the laws of the state or
406	granted hereunder or under such trust agreement or resolution,
407	and may enforce and compel the performance of all duties
408	required by this charter or by bank trust agreement or
409	resolution to be performed by the Port Authority or by any
410	officer thereof, including the fixing, charging, and collecting
411	of rates, rentals, and other charges.
412	Section 4. This act shall be construed as remedial and
413	shall be liberally construed to promote the purpose for which it
414	is intended.
415	Section 5. In the event that any part of this act should
416	be held void for any reason, such holding shall not affect any
417	other part thereof.
418	Section 6. Chapters 67-1681, 69-1277, 69-1279, 74-532, and
419	75-428, Laws of Florida, are repealed.
420	Section 7. This act shall take effect upon becoming a law.