HB 0829 2003
1	CHAMBER ACTION
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6	The Committee on Local Government & Veterans' Affairs recomends
7	the following:
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9	Committee Substitute
10	Remove the entire bill and insert:
11	A bill to be entitled
12	An act relating to the Manatee County Port Authority;
13	codifying, reenacting, amending, and repealing special
14	acts related to the Port Authority; providing a charter;
15	providing for formation as a dependent special district;
16	providing for the operation of the port authority;
17	providing for powers, functions, and duties; providing for
18	construction and effect; providing an effective date.
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20	Be It Enacted by the Legislature of the State of Florida:
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22	Section 1. Pursuant to section 189.429, Florida Statutes,
23	this act constitutes the codification of all special acts
24	relating to the Manatee County Port Authority. It is the intent
25	of the Legislature to provide a single, comprehensive special
26	act charter for the district including all current legislative
27	authority granted to the district by its several legislative
28	enactments as herein provided, and any additional authority
29	granted by this act and chapters 189 and 315, Florida Statutes,
30	as the same may be amended from time to time. It is further the
31	intent of this act to preserve all district authority.
32	Section 2. Chapters 67-1681, 69-1277, 69-1279, 74-532, and
33	75-428, Laws of Florida, relating to the Manatee County Port
34	Authority, are codified, reenacted, amended, and repealed as
35	provided herein.
36	Section 3. The Manatee County Port Authority is re-created
37	and reenacted to read:
38	Section 1. District formation ratified, restated, and
39	approved.--The Manatee County Port Authority (Port Authority) as
40	initially established pursuant to chapter 67-1681, Laws of
41	Florida, and thereafter amended as provided by special acts of
42	the Legislature, is ratified, confirmed, and approved.
43	Section 2. Establishment.--The Port Authority, a dependent
44	special district, is established for all purposes set forth in
45	this act and chapters 189 and 315, Florida Statutes, as the same
46	may be amended from time to time. This charter may be amended
47	only by special act of the Legislature.
48	Section 3. Popular name.--This charter shall be known and
49	may be cited as the Manatee County Port Authority Act.
50	Section 4. Definitions.--As used in this charter, the
51	following words and terms shall have the following meanings:
52	(1) “Port Authority” shall mean the Board of County
53	Commissioners of Manatee County, Florida, acting as a Manatee
54	County Port Authority. When conducting business as a Port
55	Authority, the board of county commissioners shall use the name
56	of Manatee County Port Authority.
57	(2) “Port facilities” shall mean and shall include harbor,
58	shipping, and port facilities and improvements of every kind,
59	nature, and description, including, but not limited to,
60	channels, turning basins, jetties, breakwaters, public landings,
61	wharves, docks, markets, parks, recreational facilities,
62	structures, buildings, piers, storage facilities, public
63	buildings and plazas, anchorages, utilities, bridges, tunnels,
64	roads, railroads, causeways, port-related aviation facilities
65	such as helipads, and any and all property and facilities
66	necessary or useful in connection with the foregoing, and any
67	one or more of any combination thereof and any extension,
68	addition, betterment, or improvement of any thereof.
69	(3) “Cost” as applied to any port facilities shall mean
70	and shall include the cost of acquisition or construction, the
71	cost of all labor, materials, machinery, and equipment, the cost
72	of all lands, property, rights, easements, and franchises
73	acquired, financing charges, interest prior to and during
74	construction and for 1 year after completion of construction,
75	cost of plans and specifications, surveys and estimates of cost
76	and of revenues, cost of engineering and legal services, all
77	other expenses necessary or incident to determining the
78	feasibility or practicability of such construction, the cost of
79	acquiring or improving, enlarging, and extending existing port
80	facilities and preparing the same for sale or lease to provide
81	funds for financing port facilities under the provisions of this
82	charter, if in the determination of the governing body, such
83	acquisition, such improvement, enlargement, and extension, or
84	such preparation for sale or lease are necessary to such
85	financing, administrative expenses, and such other expenses as
86	may be necessary or incident to any financing herein authorized.
87	Any obligation or expense heretofore or hereafter incurred by
88	Manatee County and/or the Manatee County Port Authority in
89	connection with any of the foregoing items of cost may be
90	regarded as a part of such cost and reimbursed to Manatee County
91	and/or the Manatee County Port Authority out of the proceeds of
92	port facilities bonds issued under the provisions of this
93	charter.
94	Section 5. Public purpose declared.--It is hereby
95	determined and declared that each and all of the powers
96	conferred by this charter and the exercise thereof are proper
97	public and county purposes.
98	Section 6. Grant of powers.--The Port Authority, in
99	addition to any and all powers granted to it by section 315.03,
100	Florida Statutes, other laws, general, local or special, is
101	hereby authorized and empowered:
102	(1) To acquire by purchase, grant, gift, or lease, or by
103	the exercise of the right of eminent domain, and to hold and
104	dispose of any property, real or personal, tangible or
105	intangible, or any right or interest in any such property, for
106	or in connection with any port facilities, whether or not
107	subject to mortgage, liens, charges, or other encumbrances.
108	(2) To construct within Manatee County any bridge, tunnel,
109	road, or railroad lines, or any combination thereof, to, from,
110	or between any port facilities.
111	(3) To sell at public or private sale or lease for public
112	or private purposes all or any portion of any port facilities
113	now or hereafter owned, including any such facilities as
114	extended, enlarged, or improved, and all or any portion of any
115	property improved, created, extended, or enlarged under the
116	authority of this law, on such terms and subject to such
117	conditions as the Port Authority shall determine to be in the
118	best interests of the Port Authority.
119	(4) To accept loans or grants of money or materials or
120	property at any time from the United States or the State of
121	Florida or any agency, instrumentality, or subdivision thereof,
122	upon such terms and conditions as the United States, the State
123	of Florida, or such agency, instrumentality, or subdivision may
124	impose.
125	(5) To operate and maintain, and to fix and collect rates,
126	rentals, fees, and other charges for any of the services and
127	facilities now or hereafter acquired, owned, or constructed by
128	the Port Authority.
129	(6) To lease or rent or contract with others for the
130	operation of all or any part of any port facilities now or
131	hereafter acquired, owned, or constructed by the Port Authority,
132	on such terms and for such period or periods and subject to such
133	conditions as the Port Authority shall determine to be in the
134	best interests of the Port Authority.
135	(7) To contract debts for the acquisition or construction
136	of any port facilities or for any other purposes of this law, to
137	borrow money, to make advances, and to issue bonds or other
138	obligations to finance all or any part of such acquisition or
139	construction or in the carrying out of any other purposes of
140	this charter.
141	(8) To contract with the United States or the State of
142	Florida or any agency or instrumentality thereof or with any
143	public body or political subdivision or with any private person,
144	firm, or corporation with reference to any of the powers hereby
145	granted.
146	(9) To have and to exercise all of the powers, rights, and
147	authority now vested by the Statutes of the State of Florida in
148	the office of the Board of Pilot Commissioners.
149	(10) To appoint, regulate, control, and prescribe the
150	powers, duties, and compensation of harbor masters.
151	(11) To appoint and license such number of pilots as the
152	Port Authority shall, in its sole discretion, determine to be
153	necessary to properly conduct the business of the port. Provided
154	that nothing contained herein shall be construed as prohibiting
155	the Port Authority from appointing and licensing pilots who at
156	the time of appointment are also serving any other port on Tampa
157	Bay.
158	(12) To publicize, advertise, and promote the activities
159	and projects authorized by this act, to make known to users,
160	potential users, and public in general, the advantages,
161	facilities, resources, products, attractions, and attributes of
162	the activities and projects authorized by this charter; to
163	further create a favorable climate of opinion concerning the
164	activities and projects authorized and indicated by this
165	charter; to cooperate, including the grant or expenditure of
166	funds, to and with other agencies, both public and private, in
167	accomplishing the purposes enumerated and indicted by this
168	charter; and in furtherance thereof, to authorize reasonable
169	expenditures by supporting voucher to be filed for audit for the
170	purposes herein enumerated, including, but not limited to,
171	meals, hospitality, and entertainment of persons in the interest
172	of promoting and engendering good will towards the activities
173	and projects herein authorized.
174	(13) To perform any of the acts hereby authorized through
175	or by means of its own officers, agents, or employees or by
176	contract.
177	(14) To do all acts and things and to enter into all
178	contracts and agreements necessary or convenient to carry out
179	the purposes of this law.
180	Section 7. Contracts for borrowing of money.—Pursuant to
181	chapter 315, Florida Statutes, and this charter, the Port
182	Authority may contract with any person, firm, corporation, or
183	public body or with the United States or any agency or
184	instrumentality thereof for the borrowing of money for paying
185	all or any part of the cost of any one or more port facilities,
186	and any such contract may contain such terms, conditions, or
187	provisions as the Port Authority may determine not in conflict
188	with the provisions of this charter or chapter 315, Florida
189	Statutes. The provisions of section 13 of this charter
190	applicable to bonds shall be applicable also to contracts
191	entered into under the above provisions of this section. Any
192	such contract may be hypothecated by the Port Authority and the
193	Port Authority may borrow money under such terms and conditions
194	as it shall determine in anticipation of the receipt of funds
195	under such contract.
196	Section 8. Exemption from taxation.--As adequate port
197	facilities are essential for the welfare of the inhabitants and
198	the industrial and commercial development of the area within or
199	served by the Port Authority, and as the exercise of the powers
200	conferred by this charter to effect such purposes constitute the
201	performance of proper public and governmental functions, and as
202	such port facilities constitute public property and are used for
203	public purposes, the Port Authority shall not be required to pay
204	any state, county, municipal, or other taxes or assessments
205	thereof, or upon the income therefrom, and any bonds issued
206	under the provisions of this charter, their transfer and the
207	income therefrom, including any profit made on the sale thereof,
208	shall at all times be free from taxation within the state.
209	Section 9. Resolutions authorized.--All action required or
210	authorized to be taken under the provisions of this charter or
211	chapter 315, Florida Statutes, by the Port Authority may be by
212	resolution, which resolution may be adopted at the meeting of
213	the Port Authority at which such resolution is introduced and
214	shall take effect immediately upon such adoption. Except as
215	otherwise provided in this charter, no resolution under this
216	charter need be published or posted, nor shall any such
217	resolution require for its passage more than a majority of all
218	the members of the Port Authority then in office.
219	Section 10. Liberal construction.--This charter, being
220	necessary for the welfare of the inhabitants of the state, shall
221	be liberally construed to effect the purposes thereof.
222	Section 11. Chapter cumulative.--This charter shall be
223	deemed to provide an additional and alternative method for the
224	doing of the things authorized hereby and shall be regarded as
225	supplemental and additional to the powers conferred by any other
226	law, and shall not be regarded as in derogation of any powers
227	now existing. Bonds may be issued and any other action may be
228	taken hereunder notwithstanding that any other law may provide
229	for the issuance of bonds for like purposes or the taking of
230	like action and without regard to the requirements,
231	restrictions, or procedural provisions contained in any other
232	law.
233	Section 12. Bonds.--Pursuant to chapter 315, Florida
234	Statutes, and this charter, the Port Authority is hereby
235	authorized to provide by resolution, at one time or from time to
236	time, for the issuance of bonds for the purpose of paying all or
237	a part of the cost of any one or more port facilities. The bonds
238	of each issue or series shall be dated, shall bear interest, and
239	shall mature at such time or times not exceeding 40 years from
240	their date or dates, as may be determined by the Port Authority,
241	and may be made redeemable before maturity, at the option of the
242	Port Authority, at such price or prices and under such terms and
243	conditions as may be fixed by the Port Authority prior to the
244	issuance of the bonds. The Port Authority shall determine the
245	form of the bonds, including any interest coupons to be attached
246	thereto, and the manner or execution of the bonds, and shall fix
247	the denomination or denominations of the bonds, and the place or
248	places of payment of principal and interest, which may be at any
249	bank or trust company within or without the state. In case any
250	officer whose signature or a facsimile of whose signature shall
251	appear on the bonds or coupons shall cease to be such officer
252	before the delivery of such bonds, such signature or such
253	facsimile shall nevertheless be valid and sufficient for all
254	purposes the same as if he or she had remained in office until
255	such delivery, and any bond may bear the facsimile signature of,
256	or may be signed by, such persons as at the actual time of the
257	execution of such bond shall be the proper officers to sign such
258	bond, although at the date of such bond such persons may not
259	have been such officers. Notwithstanding any other provisions of
260	this charter or any recitals in any bonds issued under the
261	provisions of this charter, all such bonds shall be deemed to be
262	negotiable instruments under the laws of Florida. The bonds may
263	be issued in coupon or in registered form, or both, as the Port
264	Authority may determine, and provision may be made for the
265	registration of any coupon bonds as to principal alone and also
266	as to both principal and interest, for the reconversion into
267	couponed bonds of any bonds registered as to both principal and
268	interest, and for the interchange of coupon and registered
269	bonds. The issuance of such bonds shall not be subject to any
270	limitation or conditions contained in any other law, and any
271	bonds issued under this charter shall not be considered in
272	computing the amount of indebtedness which Manatee County or the
273	Port Authority may incur under any other law. The Port Authority
274	may sell such bonds in such manner, either at public or private
275	sale and for such price, as it may determine to be for the best
276	interest of the Port Authority. Prior to the delivery of
277	definitive bonds, the Port Authority may, under like
278	restrictions, issue interim receipts or temporary bonds, with or
279	without coupons, exchangeable for definitive bonds when such
280	bonds have been executed and are available for delivery. The
281	Port Authority may also provide for the replacement of any bonds
282	which have become mutilated or destroyed or lost. Bonds may be
283	issued under the provisions of this charter without obtaining
284	the consent of any commission, board, bureau, or agency of the
285	state, and without any other proceeding or the happening of any
286	other condition or thing than those proceedings, conditions, or
287	things which are specifically required by this charter.
288	Section 13. Source of payment and security for bonds.--The
289	Port Authority may provide that bonds issued under the
290	provisions of this charter or chapter 315, Florida Statutes,
291	shall be payable from and secured by a pledge of any one or more
292	of the following sources:
293	(1) Revenues of any one or more port facilities now owned
294	or hereafter acquired or constructed by the Port Authority.
295	(2) Proceeds of the sale or lease of all or any part of
296	any port facilities now or hereafter owned by the Port Authority
297	as such facilities may be extended, enlarged, or improved, or of
298	any property improved, created, extended, or enlarged or
299	prepared for sale or lease under the authority of this charter.
300	(3) Any money received by the Port Authority from the
301	United States or any agency or instrumentality thereof in
302	connection with any port facilities or in repayment of any
303	advances made by the Port Authority for all or any part of the
304	cost of any port facilities.
305	(4) Any funds received or to be received from the State of
306	Florida under authority of chapter 315, Florida Statutes. The
307	Legislature does hereby covenant with the holders of bonds
308	issued pursuant to the provisions of this law that it will not
309	enact any law which will repeal, impair or amend, in any manner,
310	the rights of such holders or the security of the taxes
311	collected from the operation of pari-mutuel pools which may be
312	pledged to the payment of the principal or of interest on such
313	bonds and the redemption premium, if any.
314	The board of county commissioners may provide that such
315	bonds shall be additionally secured by the full faith credit and
316	taxing power of said Manatee County and that the county shall be
317	irrevocably and unconditionally obligated to levy ad valorem
318	taxes upon all taxable property within said county without limit
319	as to rate or amount for the payment of the principal of and
320	interest on said bonds to the full extent that the revenues or
321	other funds pledged for such principal and interest on said
322	bonds by the authority are insufficient therefor. No pledge of
323	the full faith and credit of said county for the payment of the
324	principal of and interest on said bonds shall be made, however,
325	until the same shall have been approved by the qualified
326	electors who are freeholders residing in said county in the
327	manner provided in the constitution and statutes of the State of
328	Florida. The Port Authority may additionally secure any such
329	bonds by a mortgage or other encumbrance, subject to such terms
330	and conditions as it shall provide, upon all or any part of any
331	port facilities now or hereafter owned by the Port Authority, as
332	such facilities may be extended, enlarged, or improved, or of
333	any property of the Port Authority improved, created, extended,
334	or enlarged or prepared for sale or lease under the authority of
335	this charter, and the Port Authority is hereby authorized to
336	sell at public or private sale, or lease any such port
337	facilities or property, subject to such terms and conditions and
338	for such price, payable at one time or from time to time in
339	installments as the Port Authority may provide, and to apply the
340	proceeds of any such sale or lease, after paying all costs in
341	connection therewith, to payment of the cost of any port
342	facilities financed under the provisions of this law or to the
343	payment of the principal or of the interest or redemption
344	premiums on any bonds issued hereunder or to the payment of any
345	other obligation or obligations herein authorized.
346	Section 14. Refunding bonds.—Pursuant to chapter 315,
347	Florida Statutes, and this charter, the Port Authority is hereby
348	authorized by resolution to provide for the issuance of
349	refunding bonds of the Port Authority for the purpose of
350	refunding any bonds then outstanding which shall have been
351	issued under the provisions of this charter or which shall have
352	been issued to provide funds for the payment of the cost of any
353	port facilities under the provision of any other charter,
354	including the payment of any redemption premium thereof and any
355	interest accrued or to accrue to the date of redemption of such
356	bonds, and, if deemed advisable by the Port Authority, for the
357	additional purpose of acquiring or constructing additional port
358	facilities. The issuance of such bonds, the maturities and other
359	details thereof, the rights of the holders thereof, and the
360	rights, duties, and obligations of the Port Authority in respect
361	of the same, shall be governed by the provisions of this charter
362	insofar as the same may be applicable.
363	Section 15. Trust agreement or resolution.--In the
364	discretion of the Port Authority, any bonds issued under the
365	provisions of chapter 315, Florida Statutes, or this charter may
366	be secured by a trust agreement by and between the Port
367	Authority and a corporate trustee, which may be any trust
368	company or bank having the powers of a trust company within or
369	without the state. Such trust agreement or the resolution
370	providing for the issuance of such bonds may contain such
371	provisions for protecting and enforcing the rights and remedies
372	of the bondholders as may be reasonable and proper and not in
373	violation of law, including covenants setting forth the duties
374	of the Port Authority in relation to the acquisition of property
375	and the acquisition, construction, improvement, maintenance,
376	repair, lease, operating, and insurance of any port facilities
377	in connection with which such bonds shall have been authorized,
378	the custody, safeguarding, or application of all moneys, and
379	conditions or limitations with respect to the issuance of
380	additional bonds. It shall be lawful for any bank or trust
381	company incorporated under the laws of Florida which may act as
382	depositary of the proceeds of bonds or of revenue or other funds
383	to furnish such indemnifying bonds or to pledge such securities
384	as may be required by the Port Authority. Any such trust
385	agreement or resolution may set forth the rights and remedies of
386	the bondholders and of the trustee under any such trust
387	agreement, and may restrict the individual right of action by
388	bondholders. In addition to the foregoing, any such trust
389	agreement or resolution may contain such other provisions as the
390	Port Authority may deem reasonable and proper for the security
391	of the bondholders. All expenses incurred in carrying out the
392	provisions of such trust agreement or resolution shall be
393	treated as a part of the cost of the operation of the port
394	facilities.
395	Section 16. Status as legal investments.--Bonds issued
396	under the provisions of chapter 315, Florida Statutes, or this
397	charter are hereby made securities in which all public officers
398	and public bodies of the state and its political subdivisions,
399	all insurance companies, trust companies, banking associations,
400	investment companies, executors, administrators, trustees, and
401	other fiduciaries may properly and legally invest funds,
402	including capital in their control or belonging to them. Such
403	bonds are hereby made securities which may properly and legally
404	be deposited with and received by any state or county officer or
405	any agency or political subdivision of the state for any purpose
406	for which the deposit of bonds or obligations of Manatee County
407	is now or may hereafter be authorized by law.
408	Section 17. Remedies of bondholders.--Any holder of bonds
409	issued under the provisions of this charter or any of the
410	coupons appertaining thereto, and the trustee under any trust
411	agreement, except to the extent the rights herein given may be
412	restricted by such trust agreement or the resolution authorizing
413	the issuance of such bonds may, either at law or in equity, by
414	suit, action, mandamus, or other proceedings, protect and
415	enforce any and all rights under the laws of the state or
416	granted hereunder or under such trust agreement or resolution,
417	and may enforce and compel the performance of all duties
418	required by this charter or by bank trust agreement or
419	resolution to be performed by the Port Authority or by any
420	officer thereof, including the fixing, charging, and collecting
421	of rates, rentals, and other charges.
422	Section 4. This act shall be construed as remedial and
423	shall be liberally construed to promote the purpose for which it
424	is intended.
425	Section 5. In the event that any part of this act should
426	be held void for any reason, such holding shall not affect any
427	other part thereof.
428	Section 6. Chapters 67-1681, 69-1277, 69-1279, 74-532, and
429	75-428, Laws of Florida, are repealed.
430	Section 7. This act shall take effect upon becoming a law.
431