Amendment

Bill No. 1649

Amendment No. 017519

CHAMBER ACTION
Senate		House
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1	Representative Davis, D. offered the following:
2	Amendment (with title amendment)
3	Remove everything after the enacting clause and insert:
4	Section 1.  Section  1.  Creation of Jacksonville Port
5	Authority.--
6	(1)  The charter provisions concerning the marine
7	operations of the former Jacksonville Port Authority established
8	pursuant to chapter 2001-319, Laws of Florida, as amended, are
9	hereby repealed and the following is created for the
10	Jacksonville Port Authority. There is hereby created and
11	established as of October 1, 2001 a separate body politic and
12	corporate to be known as the Jacksonville Port Authority
13	(formerly known as the Jacksonville Seaport Authority from
14	October 1, 2001 to July 16, 2003 and hereinafter referred to
15	singly as the "authority"), which is created as an agency and
16	political subdivision of the State of Florida in the nature of
17	counties and not municipalities. This authority is authorized to
18	exercise its jurisdiction, powers, and duties within the
19	geographic area defined by the boundary lines of Duval County as
20	established by section 7.16, Florida Statutes, which boundary
21	lines also define the geographic area of the City of
22	Jacksonville, and outside such boundary lines as hereinafter
23	provided. The Jacksonville Port Authority shall operate, manage,
24	and control the publicly owned seaport and ancillary facilities
25	located within Duval County and outside such boundary lines as
26	hereinafter provided. The authority was separated from the
27	Jacksonville Airport Authority pursuant to chapter 2001-319,
28	Laws of Florida, as amended, and this separation shall be
29	reviewed for performance and efficiency after a period of 4
30	years from October 1, 2001.
31	(2)  The governing body for the Jacksonville Port Authority
32	shall consist of seven members, four of whom shall be appointed
33	by the Mayor of the City of Jacksonville with the confirmation
34	of the council of the City of Jacksonville, and three of whom
35	shall be appointed by the Governor of Florida with the
36	confirmation of the Senate. Members shall serve for terms of 4
37	years commencing on October 1st of the year of the appointment
38	or for the unexpired portion of a term deemed to have commenced
39	on October 1st. Members of the authority, during their terms,
40	shall serve at the pleasure of the Mayor or Governor, whoever
41	appointed the member. Members shall continue to serve on the
42	authority until their death, resignation, removal, or until
43	their respective successors are appointed and confirmed. A
44	vacancy occurring during a term of an appointed member on the
45	authority, shall be filled only for the balance of the unexpired
46	term unless otherwise specified in the appointment and
47	confirmation. Any member appointed to the authority for two
48	consecutive full terms shall not be eligible for appointment to
49	the authority for the next succeeding term. Provided, however,
50	notwithstanding the above, members initially appointed to the
51	authority shall serve in staggered terms to provide continuity
52	of experience to the authority with two gubernatorial
53	appointments and two mayoral appointments being for initial 2-
54	year terms, which shall count as a full term for purposes of
55	term limits herein.
56	(3)  The authority shall elect a chair, vice chair,
57	secretary, and treasurer from its members, and such other
58	officers it deems proper, not necessarily from its members, to
59	perform such duties as the authority may direct. Four members of
60	the authority shall constitute a quorum for the authority, but
61	at least four members of the authority must approve any action
62	to be taken by the authority. Resolutions adopted by the vote of
63	at least four members of the authority shall become effective
64	without further action by the authority. Each member of the
65	authority shall have one vote. The yeas and nays shall be called
66	and entered upon the minutes of each meeting upon the passage of
67	every resolution or other action of the authority. The authority
68	may meet at such times and places designated by it but shall
69	hold regular meetings as necessary, and generally once a month.
70	Special meetings of the authority may be called upon the call of
71	its chair or any three members of the authority. The members of
72	the authority shall not be entitled to compensation but members
73	and employees of the authority shall be entitled to payment of
74	reasonable expenses as provided by the council of the City of
75	Jacksonville.
76	(4)  The authority shall employ and fix the compensation of
77	a managing director who shall manage the affairs of the
78	authority under the supervision and control of the authority.
79	Such managing director may be given any title suitable to the
80	authority. The authority may employ such engineers, certified
81	public accountants, consultants, and employees as it may
82	require, and fix and pay their compensation. The authority may
83	use any of the services available to governmental units through
84	the Administration and Finance Department of the City of
85	Jacksonville, but is not required by law to do so. However, the
86	authority shall be required to use the legal services of the
87	City of Jacksonville, except in those cases when the chief legal
88	officer of the city determines that the city legal staff cannot
89	provide legal services in the required legal area. Such use of
90	city services, including, but not limited to, legal services,
91	shall be on contractual basis and the authority is authorized to
92	pay the city reasonable and fair compensation for such services
93	so furnished by the city and used by the authority. The use by
94	the authority of any such services furnished by the city shall
95	not obligate the authority except to the extent it contracts
96	with the city, or otherwise subject the authority to any rules,
97	regulations, or ordinances of said city not otherwise applicable
98	to the authority under this act and the charter of said city.
99	The authority may delegate to one or more of its agents or
100	employees such of its powers as it may deem necessary to carry
101	out the purposes of this act, subject always to the supervision
102	and control of the authority, and may do any and all things
103	necessary to accomplish the purposes of this act.
104	(5)  The provisions of section 286.012, Florida Statutes,
105	requiring any member of the authority present at a meeting to
106	vote unless there is a possible conflict of interest, and the
107	provisions of sections 112.311-112.3175, Florida Statutes, and
108	as the same may be amended in the future, relating to financial
109	disclosure and conflicts of interest, shall apply to each member
110	of the authority.
111	Section 2.  Definitions.--In the interpretation hereof the
112	following words and terms shall be taken to include the
113	following meanings when the context shall require or permit:
114	(1)  The term "bonds" means and embraces bonds, notes,
115	certificates, and other financial obligations issued by the
116	authority for financing or refinancing purposes, and except
117	where otherwise required by the context, notes, and other
118	instruments executed to evidence obligations of the authority
119	for the repayment of borrowed funds.
120	(2)  The term "county" means the County of Duval.
121	(3)  The term "city" or "City of Jacksonville" means the
122	consolidated government of the City of Jacksonville created
123	pursuant to section 9, Article VIII of the State Constitution.
124	(4)  The term "federal agency" means and includes the
125	United States, the President of the United States, and any
126	department of, or corporation, agency, or instrumentality
127	thereof, heretofore or hereafter created, designated, or
128	established by the United States.
129	(5)  Words importing singular number shall include the
130	plural number in each case and vice versa, and words importing
131	persons shall include firms and corporations.
132	(6)  The term "project" embraces any one or any combination
133	of 2 or more of the following, to wit: facilities for the
134	construction, manufacture, repair, or maintenance of boats,
135	ships, and watercraft of all kinds, and other facilities,
136	directly or indirectly related to the promotion and development,
137	of waterborne and maritime activities and commerce, travel,
138	exploration, and researching, and other harbor, port, shipping,
139	and seaport facilities of all kinds, including, but not limited
140	to, harbors, channels, turning basins, anchorage areas, jetties,
141	breakwaters, waterways, canals, locks, tidal basins, wharves,
142	docks, piers, slips, bulkheads, warehouses, terminals,
143	refrigerating, and cold storage plants and facilities, parking
144	areas and facilities, intermodal and railroad and motor
145	terminals for passengers, freight, exploration, and research,
146	rolling stock, ferries, boats, conveyors, and appliances of all
147	kinds for the handling, storage, inspection, and transportation
148	of freight and the handling of passenger traffic, mail, express,
149	and freight, administration and service buildings, toll
150	highways, tunnels, causeways, and bridges connected therewith or
151	incident or auxiliary thereto, and may include all property,
152	structures, facilities, rights, easements, and franchises
153	relating to any such project deemed necessary or convenient for
154	the acquisition, construction, purchase, or operation thereof.
155	The authority is authorized to use such of its real property as
156	it deems fit for facilities for recreational programs and
157	activities, provided, however, that such programs and activities
158	are approved by a simple majority vote of the Jacksonville City
159	Council.
160	(7)  The term "cost," as applied to improvements, means the
161	cost of constructing or acquiring improvements as hereinabove
162	defined and shall embrace the cost of all labor and materials,
163	the cost of all machinery and equipment, financing charges, the
164	cost of engineering and legal expenses, plans, specifications,
165	and such other expenses as may be necessary or incident to such
166	construction or acquisition.
167	(8)  The term "cost," as applied to a project acquired,
168	constructed, extended, or enlarged, includes the purchase price
169	of any project acquired, the cost of improvements, the cost of
170	such construction, extension, or enlargement, the cost of all
171	lands, properties, rights, easements, and franchises acquired,
172	the cost of all machinery and equipment, financing charges,
173	interest during construction, and if deemed advisable, for up to
174	1 year after completion of construction, cost of investigations
175	and audits, and of engineering and legal services, and all other
176	expenses necessary or incident to determining the feasibility or
177	practicability of such acquisition or construction,
178	administrative expense, and such other expenses as may be
179	necessary or incident to the financing herein authorized and to
180	the acquisition or construction of a project and the placing of
181	the same in operation. Any obligation or expense incurred by the
182	authority prior to the issuance of revenue bonds under the
183	provisions of this act for engineering studies and for estimates
184	of cost and of revenue and for other technical, financial, or
185	legal services in connection with the acquisition or
186	construction of any project may be regarded as a part of the
187	cost of such project.
188	Section 3.  Powers.--The authority shall have the below
189	specified powers (in addition to other powers otherwise
190	conferred by law) and shall also have all powers that relate to
191	maritime issues vested in the former Jacksonville Port
192	Authority:
193	(1)  To adopt, use, and alter at will a corporate seal; to
194	sue and be sued, implead and be impleaded, complain, and defend
195	in all courts; to exercise the power of eminent domain to
196	acquire property for any authorized purposes, including the
197	taking of such property ancillary to said power in the manner
198	from time to time provided by the laws of the State of Florida;
199	to accept grants, gifts, and donations; and to enter into
200	contracts, leases, or other transactions with any legal entity,
201	person, federal agency, the state, any agency of the state, the
202	County of Duval, the City of Jacksonville, or with any other
203	public body of the state.
204	(2)  To adopt rules and regulations with reference to all
205	projects and matters under the control of the authority. All
206	rules and regulations promulgated and all impositions and
207	exactions made by the authority hereof shall be just and
208	reasonable and consistent with public interest and their
209	application shall be subject to review by certiorari in any
210	court of proper and competent jurisdiction. All rules and
211	regulations shall be a matter of public record (except as
212	otherwise provided by applicable law) and copies thereof shall
213	be dispensed at cost to all applicants therefor.
214	(3)  To construct, acquire, establish, improve, extend,
215	enlarge, reconstruct, re-equip, maintain, repair, and operate
216	any project as herein defined.
217	(4)  Subject to the jurisdiction of the United States and
218	the State of Florida, to construct, establish, and improve
219	harbors within the county, to improve navigable waters within
220	the county, and to construct and maintain canals, slips, turning
221	basins, and channels, all upon such terms and conditions as may
222	be required by the United States and the State of Florida.
223	(5)  To acquire for any project authorized by this act by
224	grant, purchase, gift, devise, condemnation by eminent domain
225	proceedings, exchange, or in any other manner, all property,
226	real or personal, or any estate or interest therein, upon such
227	terms and conditions as the authority shall by resolution fix
228	and determine. The right of eminent domain herein conferred
229	shall be exercised by the authority in the manner provided by
230	law.
231	(6)  To issue revenue bonds, payable solely from revenues,
232	to pay all or a part of the cost of acquisition, construction,
233	extension, enlargement, improvement, or modernization of any
234	project and to pledge the revenues to secure the payment of
235	bonds.
236	(7)  To enter into arrangements with steamship lines,
237	railroads, any intermodal or common carrier, or any other
238	commercial enterprise, related to the authority's basic mission,
239	if the authority shall deem it advantageous so to do.
240	(8)  To make and enter into all contracts and agreements
241	and to do and perform all acts and deeds necessary and
242	incidental to the performance of the duties of the authority and
243	the exercise of its powers; to make and execute leases or
244	agreements for the use and occupation of the property and/or
245	projects under the control of the authority on such terms,
246	conditions, and period of time as it may determine; and to sell
247	and dispose of such property and/or projects as shall no longer
248	be needed for the uses and purposes of the authority on such
249	terms and conditions as shall be prescribed by resolution of the
250	authority; however, before disposing of any real property which
251	was acquired from either the city or county, other than by
252	purchase or by swap, the authority shall give written notice to
253	the governmental unit from which such real property was
254	acquired. If said governmental unit desires to accept a
255	reconveyance of said real property, it shall give the authority
256	written notice of such intention within 30 days from the date of
257	mailing of the authority's notice regarding the disposal of such
258	property, and the authority shall make the reconveyance of such
259	property to said governmental unit forthwith. If within such 30
260	days, said governmental unit does not notify the authority in
261	writing of a desire to accept a reconveyance of said property or
262	refuses to accept a reconveyance of same the authority may sell
263	and dispose of same on such terms and conditions as shall be
264	prescribed by resolution of the authority. The authority shall
265	not sell real property for less than the appraised value.
266	(9)  To the extent permitted by law to fix, regulate, and
267	collect rates and charges for the services and facilities
268	furnished by any project under the control of the authority, and
269	to establish, limit, and control the use of any project as may
270	be deemed necessary to ensure the proper operation of the
271	project; and to impose sanctions to promote and enforce
272	compliance with any rule or regulation which the authority may
273	adopt in the regulation of the ports, harbors, wharves, docks,
274	and other projects under its control.
275	(10)  To fix the rates for wharfage, dockage, warehousing,
276	storage, and port and terminal charges for the use of the
277	facilities owned or operated by the authority.
278	(11)  To solicit shipping lines, intermodal or common
279	carriers, and other businesses and to do all things necessary or
280	advisable to promote commerce and increase passenger traffic and
281	freight tonnage through the seaport operated by the authority;
282	to publicize, advertise, and promote the activities and projects
283	authorized by this act and to promote the objects of the
284	authority in the manner set forth by resolution of the
285	authority; to make known to the users, potential users, and
286	public in general the advantages, facilities, resources,
287	products, attractions, and attributes of the activities and
288	projects authorized by this act; to further create a favorable
289	climate of opinion concerning the activities and projects
290	authorized and indicated by this act; to cooperate, including
291	expenditure of funds, to and with other agencies, both public
292	and private, in accomplishing the purposes enumerated and
293	indicated by this act; and in furtherance thereof, to authorize
294	expenditures for any and all of the purposes herein enumerated,
295	including, but not limited to, meals, hospitality, and
296	entertainment of persons in the interest of promoting and
297	engendering good will toward the activities and projects herein
298	authorized, provided, however, that funds obtained under
299	chapters 159 and 315, Florida Statutes, may not be used for such
300	purposes. Whenever an expenditure of funds for any of the
301	foregoing purposes is made by a member or employee of the
302	authority, the authority may reimburse such member or employee
303	therefor, but only in the manner duly authorized by the
304	authority.
305	(12)  To receive and accept from any federal or state
306	agency grants for or in aid of the construction, improvement, or
307	operation of any project and to receive and accept contributions
308	from any source of money, property, labor, or other things of
309	value.
310	(13)  To make any and all applications required by the
311	Treasury Department and other departments or agencies of the
312	federal government as a condition precedent to the establishment
313	within or without the county of a free port, foreign trade zone,
314	or area for the reception from foreign countries of articles or
315	commerce and to expedite and encourage foreign commerce, and the
316	handling, processing, and delivery thereof into foreign commerce
317	free from the payment of custom duties and, provided there is an
318	economic benefit to the authority and/or Duval County, to enter
319	into any agreements required by such departments or agencies in
320	connection therewith and to make like applications and
321	agreements with respect to the establishment within and without
322	said county of one or more bonded warehouses.
323	(14)  To enter into any contract with a legal entity,
324	person, the State of Florida, the federal government, or any
325	agency of said governments, which may be necessary for
326	development of any project related to the authority's basic
327	mission.
328	(15)  To make or cause to be made such surveys,
329	investigations, studies, borings, maps, plans, drawings, and
330	estimates of cost and revenues as the authority may deem
331	necessary and may prepare and adopt a comprehensive plan or
332	plans, for the location, construction, improvement, and
333	development of any project.
334	(16)  To grant exclusive or non-exclusive franchises to
335	persons, firms, or corporations for the operation of
336	restaurants, cafeterias, bars, cigar and cigarette stands,
337	newsstands, buses, taxicabs, vending machines, hotels, motels,
338	service stations, real estate developments, and other
339	concessions in, on, and in connection with any property and/or
340	project owned and operated by the authority. In granting such
341	franchises it shall be the duty of the authority to investigate
342	and consider the qualifications and ability of the lessee or
343	concessionaires to provide or perform the contemplated services
344	and the revenues which will be derived therefrom by the
345	authority and to exercise sound prudent business judgment on
346	behalf of the authority with respect thereto, calling for bids
347	when practicable and when the interests of the public will best
348	be served by such action.
349	(17)  To enter into contracts with utility companies or
350	others for the supplying by said utility companies or others of
351	water, electricity, or telephone service to or in connection
352	with any project.
353	(18)  To pledge by resolution or contract the revenues
354	arising from the operation of any project or projects owned and
355	operated by the authority, or under its control, to the payment
356	of the cost of operation, maintenance, repair, improvement,
357	extension, or enlargement of the project or projects from the
358	operation of which such revenues are received and for the
359	payment of principal and interest on bonds issued in connection
360	with any such project or projects and to combine for financing
361	purposes any two or more projects constructed or acquired by the
362	authority under the provisions of this act. In any such case the
363	authority may adopt separate budgets for the operation of such
364	project or projects. In every such case such revenues shall be
365	expended exclusively for the payment of the costs of operation,
366	maintenance, repair, improvement, extension, and enlargement of
367	the project or projects from the operation of which such
368	revenues arise, for the performance of the authority's contracts
369	in connection with such project or projects, and for the payment
370	of principal of premium, if any, and interest requirements of
371	any bonds issued in connection with the project or projects. Any
372	surplus of such funds remaining on hand at the end of any year
373	shall be carried forward and may be expended in the succeeding
374	year for the payment of the costs of operation of such project
375	or projects or for the repair, improvement, or extension thereof
376	as the authority may determine, unless such surplus has been
377	pledged for the payment of principal of premium, if any, and
378	interest on bonds, as authorized in subsections (1)-(6) of
379	section 4, in which event any such surplus shall be applied in
380	accordance with the resolution pledging the same.
381	(19)  To do all other acts and things necessary or proper
382	in the exercise of the powers herein granted.
383	(20)  To do all acts or things necessary or proper to be
384	and serve as a local governmental body within the meaning of
385	section 10(c)(2), Article VII of the State Constitution, with
386	respect to any project as defined therein.
387	(21)  To appoint officers for the administration of
388	criminal justice as set forth by general law.
389	Section 4.  Issuance of bonds.--
390	(1)  The authority is authorized to issue general
391	obligation bonds or revenue bonds of the authority for the
392	purpose of paying all or a part of the cost of any one or more
393	projects as herein defined, including the cost of enlargement,
394	expansion, or development of such project whether the property
395	used therefor has previously been acquired or not, and the cost
396	of removing therefrom or relocating or reconstructing at another
397	location any buildings, structures, or facilities, which in the
398	opinion of the authority constitute obstructions or hazards to
399	the safe or efficient operation of any such project and for the
400	purpose of paying off and retiring any bonds issued or assumed
401	under the provisions of this act.
402	(2)  The bonds of each issue shall be authorized by
403	resolution of the authority and shall be dated, shall mature at
404	such time or times not exceeding 40 years from their date or
405	dates, as may be determined by the authority, and may be made
406	redeemable before maturity, at the option of the authority, at
407	such price or prices and under such terms and conditions as may
408	be fixed by the authority prior to the issuance of the bonds.
409	The authority shall determine the form of bonds, including any
410	interest coupons to be attached thereto, and the manner of
411	execution of the bonds and shall fix the denomination or
412	denominations of the bonds and the place or places of payment of
413	principal and interest, which may be at any bank or trust
414	company within or without the state. The resolution authorizing
415	the issuance of the bonds shall contain such provisions relating
416	to the use of the proceeds from the sale of the bonds and for
417	the protection and security of holders of the bonds, including
418	their rights and remedies, and the rights, powers, privileges,
419	duties, and obligations of the authority with respect to the
420	same, as shall be determined by the authority. In case any
421	officer whose signature or facsimile of whose signature shall
422	appear on any bonds or coupons shall cease to be such officer
423	before the delivery of such bonds, such signature or such
424	facsimile shall nevertheless be valid and sufficient for all
425	purposes to the same extent as if such officer had remained in
426	office until such delivery. The bonds may be issued in coupon
427	registered or book entry form, as the authority may determine,
428	and provisions may be made for the registration of any coupon
429	bonds as to principal alone and also as to both principal and
430	interest and for the reconversion into coupon bonds of any bonds
431	registered as to both principal and interest.
432	(3)  Prior to any public sale of bonds, the authority may,
433	in addition to any other publication and notice to the financial
434	community, cause notice to be given by publication in a daily
435	newspaper published and having a general circulation in the city
436	that the authority will receive bids for the purchase of the
437	bonds at the office of the authority in the city. Said notice
438	may be published once not less than 15 days prior to the date
439	set for receiving the bids. Said notice may specify the amount
440	of the bonds offered for sale, state that the bids shall be
441	sealed bids, and give the schedule of the maturities of the
442	proposed bonds and such other pertinent information as may be
443	prescribed in the resolution authorizing the issuance of such
444	bonds or any resolution subsequent thereto. Bidders may be
445	invited to name the rate or rates of interest which the bonds
446	are to bear or the authority may name rates of interest and
447	invite bids thereon. In addition to publication of notice of the
448	proposed sale, a copy of such advertisement shall be given to
449	the Florida Division of Bond Finance and to at least three
450	recognized bond dealers in the state, in the time established by
451	applicable law.
452	(4)  Except as otherwise provided in this subsection, bonds
453	and refunding bonds issued pursuant to this act may be sold at
454	public sale and shall be awarded to the bidder whose bid
455	produces the lowest true interest cost to the authority. The
456	authority shall reserve the right to reject any or all bids.
457	Notwithstanding the foregoing, bonds and refunding bonds issued
458	pursuant to this act may be sold at private sale at such price
459	or prices as the authority shall determine to be in its best
460	interest. However, any price less than 100 percent of par value
461	shall be subject to section 215.84, Florida Statutes, as it may
462	be amended from time to time. In no event shall said bonds be
463	sold at a net interest cost to the authority in excess of the
464	legal limit, as established by section 215.84, Florida Statutes,
465	or according to said section as it may be amended from time to
466	time. The net interest cost of bonds shall be determined by
467	taking the aggregate amount of interest at the rate or rates
468	specified in the bonds, computed from the date of the bonds to
469	the date of the various stated maturities thereof, and deducting
470	therefrom the amount of any premium offered in excess of the par
471	value of the bonds or adding thereto the amount of any discount
472	offered below the par value of the bonds with interest computed
473	on a 360-day basis. Pending the preparation of definitive bonds,
474	interim bonds may be issued to the purchaser or purchasers of
475	such bonds and may contain such terms and conditions as the
476	authority may determine.
477	(5)  The authority shall require all bidders for said bonds
478	to enclose a certified or bank cashier's check, in the amount of
479	2 percent of the total par value of the bonds offered for sale,
480	drawn on an incorporated bank or trust company payable
481	unconditionally to the order of the authority, as a guarantee of
482	good faith in the performance of each bid. The checks of the
483	unsuccessful bidders shall be returned immediately upon the
484	award of the bonds and the check of the successful bidder shall
485	be retained by the authority and credited against the full
486	purchase price of the bonds at the time of delivery or retained
487	as and for liquidated damages in case of the failure of such
488	bidder to fulfill the terms of his or her bid.
489	(6)  No general obligation bonds shall be issued by the
490	authority hereunder unless the issuance of such bonds shall have
491	been approved by a majority of the votes cast by qualified
492	voters in an election held for such purpose. Whenever the
493	authority, by resolution, requests the council of the City of
494	Jacksonville to hold such an election, said council shall, on
495	behalf of the authority, hold, conduct, canvass, and announce
496	the results of such election in accordance with the procedure
497	prescribed by law for the issuance of county bonds. The expenses
498	of such election shall be paid by the authority. In no event
499	shall such general obligation bonds be construed or considered
500	to be bonds of the City of Jacksonville or any other
501	municipality but shall be solely bonds of the authority that
502	issues the bonds.
503	(7)  The authority is authorized to borrow money and to
504	issue notes for any purpose or purposes for which bonds may be
505	issued under the provisions of this act and to refund the same
506	and to issue notes in anticipation of the receipt of the
507	proceeds of the sale of any such bonds.
508	(8)  Subject to the restrictions contained in subsections
509	(2), (3), and (4) of section 4., the authority shall have the
510	power to provide for the issuance of refunding bonds of the
511	authority for the purpose of refunding any revenue bonds or
512	general obligation bonds, or any combination of general
513	obligation or revenue bonds then outstanding which have been
514	assumed by the authority or issued for the purpose of financing
515	the cost of making enlargements, extensions, and improvements to
516	any project acquired, constructed, or operated under the
517	provisions of this act. The authority is further authorized to
518	provide for the issuance of revenue bonds or general obligation
519	bonds, or any combination thereof, of the authority for the
520	combined purpose of:
521	(a)  Paying the cost of enlargement, extension,
522	reconstruction, or improvement of any project or combination of
523	projects.
524	(b)  Refunding revenue bonds or general obligation bonds,
525	or any combination thereof, which have been assumed by the
526	authority under the provisions of this act (or its predecessor
527	act) which shall then be outstanding and which shall then have
528	matured or be subject to redemption or can be acquired for
529	retirement. The issuance of such bonds, the maturities or other
530	details thereof, the rights or remedies of the holders thereof,
531	and the rights, powers, privileges, duties, and obligations of
532	the authority with respect to the same shall be set forth in the
533	resolution of the authority authorizing the issuance of such
534	bonds.
535	Section 5.  Budget and finance.--The fiscal year of the
536	authority shall commence on October 1 of each year and end on
537	the following September 30. The authority shall prepare and
538	submit its budget to the council of the City of Jacksonville on
539	or before July 1 for the ensuing fiscal year. The council,
540	consistent with the provisions of the Charter of the City of
541	Jacksonville, may increase or decrease the appropriation
542	(budget) requested by the authority on a total basis or a line-
543	by-line basis; however, the appropriation for construction,
544	reconstruction, enlargement, expansion, improvement, or
545	development of any project or projects authorized to be
546	undertaken by the former Jacksonville Port Authority and the
547	authority shall not be reduced below $800,000 for each year that
548	the bonds to which the $800,000 is pledged remain outstanding.
549	Section 6.  Rights of bondholders.--All bonds issued by the
550	City of Jacksonville or the former Jacksonville Port Authority
551	related to properties transferred to the authority and bonds
552	issued under authority of chapter 63-1447, Laws of Florida,
553	remain the liability, responsibility, and obligation of the
554	issuer and the rights of the holders of existing outstanding
555	bonds shall be unimpaired. Rights, duties, and obligations of
556	the authority with respect to the property transferred to it by
557	the former Jacksonville Port Authority are ratified and remain
558	unchanged.
559	Section 7.  Rights of employees.--All employment rights and
560	employee benefits authorized under section 11, chapter 63-1447,
561	Laws of Florida, as amended, are hereby confirmed, ratified, and
562	continued, notwithstanding the repeal of said chapter 63-1447,
563	Laws of Florida, as amended. Effective October 1, 2001, in order
564	to preserve the rights of employees of the former Jacksonville
565	Port Authority to continue participation in the Florida
566	Retirement System pursuant to chapter 121, Florida Statutes, the
567	authority created by this act (and its predecessor act) shall be
568	a county agency and employees of the authority shall participate
569	in the Florida Retirement System, notwithstanding any law to the
570	contrary. Effective October 1, 2001, those employees of the
571	Jacksonville Port Authority who were assigned to any activity
572	related to the operation of the marine facilities shall become
573	employees of the Jacksonville Port Authority created by this act
574	(and its predecessor act). Effective October 1, 2001, central
575	administrative employees shall be employed by either the
576	authority created by this act (and its predecessor act) or the
577	Jacksonville Airport Authority, or as otherwise agreed by both
578	the authority and the Jacksonville Airport Authority. It is
579	expressly provided that none of those employees of the former
580	Jacksonville Port Authority who remain with the authority
581	created by this act (and its predecessor act) shall lose any
582	rights or benefits of whatsoever kind or nature afforded to them
583	by any law, ordinance, collective bargaining agreement, or
584	existing policy or plan, including, but not limited to, pension
585	benefits by virtue of the change in corporate structure. In
586	order to effectively implement the foregoing, the authority
587	shall perform all functions with regard to its own employees
588	that prior to the operation of the two authorities created by
589	this act (and its predecessor act) were performed by the former
590	Jacksonville Port Authority. In order to specifically preserve
591	the rights of employees of the former Jacksonville Port
592	Authority to continue participation in the Florida Retirement
593	System, pursuant to chapter 121, Florida Statutes, the authority
594	created by this act (and its predecessor act) shall be a county
595	authority and employees of this authority who are currently
596	participating in the Florida Retirement System and all employees
597	of the authority after October 1, 2001, shall participate in the
598	Florida Retirement System.
599	Section 8.  Cooperation with other units, boards, agencies,
600	legal entities and persons.--Express authority and power is
601	hereby given and granted any county, municipality, drainage
602	district, road and bridge district, school district, or any
603	other political subdivision, board, commission, or individual
604	in, or of, the state to make and enter into with the authority,
605	contracts, leases, conveyances, or other agreements within the
606	provisions and purposes of this act. The authority is hereby
607	expressly authorized to make and enter into contracts, leases,
608	conveyances, and other agreements with any political
609	subdivision, agency, or instrumentality of the state and any and
610	all federal agencies, legal entities and persons for the purpose
611	of carrying out the provisions of this act.
612	Section 9.  Audits; bonds.--The authority shall issue
613	quarterly and annually financial reports of its operations and
614	shall also cause annual audits to be made of its operations and
615	affairs by an independent certified public accountant, in such
616	detail as may be necessary to show the financial operation and
617	status of the authority, and the same shall be preserved as
618	public records of the authority. The authority's records may be
619	audited at any time by the Council Auditor of the City of
620	Jacksonville. Members of the authority shall be required to give
621	a good and sufficient surety bond in the sum of $50,000, payable
622	to the City of Jacksonville, conditioned upon the faithful
623	performance of their duties as members of the authority. Such
624	bonds shall be approved by and filed with the clerk of the
625	circuit court of Duval County, and the premium or premiums
626	thereon shall be paid by the authority as a necessary expense of
627	the authority. The authority shall have power to require its
628	managing director and such others of its employees as they may
629	deem necessary to furnish good and sufficient surety bond in
630	such sum as the authority shall require, conditioned upon the
631	faithful performance of duties, and to pay the premium or
632	premiums thereon as a necessary expense of the authority.
633	Section 10.  Award of contracts.--
634	(1)  If the total cost, value, or amount of construction,
635	reconstruction, repairs, or work of any nature, including the
636	labor and materials, exceeds $50,000 when purchased by the
637	authority, any such construction, reconstruction, repairs, or
638	work exceeding the foregoing amount established for the
639	authority shall be done only under contract or contracts to be
640	entered into by the authority with the lowest responsible bidder
641	upon proper terms and after due public notice has been given
642	asking for competitive bids as hereinafter provided. The
643	foregoing requirement for competitive bidding shall not apply to
644	construction, reconstruction, repairs, or work done by employees
645	of the authority or by labor supplied under agreement with the
646	federal or state government. The authority shall keep a current
647	list of responsible bidders and, whenever the authority shall
648	award a contract, the bidder shall come from such list. No
649	contract shall be entered into for construction, improvement, or
650	repair of any project, or any part thereof, unless the
651	contractor shall have given an undertaking with a sufficient
652	surety or sureties, approved by the authority, and in an amount
653	fixed by the authority, for the faithful performance of the
654	contract. All such contracts shall provide, among other things,
655	that the person or corporation entering into such contract with
656	the authority shall pay for all materials furnished and services
657	rendered for the performance of the contract and that any person
658	or corporation furnishing such materials or rendering such
659	services may maintain an action to recover for the same against
660	the obligor in the undertaking, as though such person or
661	corporation were named therein, provided the action is brought
662	within 1 year after the time the cause of action accrued.
663	Nothing in this section shall be construed to limit the power of
664	the authority to construct any project, or any part thereof, or
665	any addition, betterment, or extension thereto, directly by the
666	officers, agents, and employees of the authority, or otherwise,
667	other than by contract.
668	(2)  All supplies, equipment, machinery, and materials
669	exceeding $25,000 in cost purchased by the authority shall be
670	purchased by the authority only after due advertisement as
671	provided hereinafter. When purchasing supplies, equipment,
672	machinery, and materials pursuant to competitive bid as mandated
673	herein, the authority shall accept the lowest bid or bids, kind,
674	quality, and material being equal but the authority shall have
675	the right to reject any or all bids or select a single item from
676	any bid. The provision as to bidding shall not apply to the
677	purchase of patented and manufactured products offered for sale
678	in a noncompetitive market or solely by a manufacturer's
679	authorized dealer.
680	(3)  The term "advertisement" or "due public notice"
681	wherever used in this section means a notice published at least
682	once a week for 2 consecutive weeks before the award of any
683	contract, in a daily newspaper published and having a general
684	circulation in the county, and in such other newspapers or
685	publications as the authority shall deem advisable.
686	(4)  Subject to the aforesaid provisions, the authority
687	may, but without intending by this provision to limit any powers
688	of the authority, enter into and carry out such contract or
689	establish or comply with such rules and regulations concerning
690	labor and materials and other related matters in connection with
691	any project, or portion thereof, as the authority may deem
692	desirable or as may be requested by the federal or state
693	government assisting in the financing of its projects, seaport
694	facilities, and facilities related thereto, or any part thereof,
695	provided the provisions of this subsection shall not apply to
696	any case in which the authority has taken over by transfer or
697	assignment any contract assigned to it or assumed by it in
698	connection with the transfer of city and county properties
699	authorized under the provisions of sections 11 and 12, or to any
700	contract in connection with projects which the authority may
701	have had transferred to it by any persons or private
702	corporations, and further provided the provisions of this
703	section shall not apply to any contract or agreement between the
704	authority and any engineers, architects, attorneys, or other
705	professional services or to any contract or agreement relating
706	to fiscal advisors, fiscal agents, or investment bankers,
707	relating to the financing of projects herein authorized.
708	Section 11.  Execution of instruments; examination of
709	claims.--All instruments in writing necessary to be signed by
710	the authority shall be executed by its chair and secretary. The
711	authority may, by resolution, designate one or more officers,
712	members, employees, or agents of the authority to execute
713	instruments in writing where it is necessary that such
714	instruments be signed by the authority. No expenditure of funds
715	of the authority shall be made except by voucher approved by the
716	authority and signed by its chair and secretary, or by one or
717	more officers, members, or employees of the authority as the
718	authority may designate by resolution. The foregoing authority
719	of the chair may be exercised by the vice chair in the absence
720	of the chair and the foregoing authority of the secretary may be
721	exercised by an assistant secretary designated by the authority
722	in the absence of the secretary. The authority shall provide for
723	the examination of all payrolls, bills, and other claims and
724	demands against the authority to determine before the same are
725	paid that they are duly authorized, in proper form, correctly
726	computed, legally due and payable, and that the authority has
727	funds on hand to make payment.
728	Section 12.  Transfer of assets and liabilities.--The
729	former Jacksonville Port Authority shall take all actions
730	necessary to convey, assign, transfer, and set over:
731	(1)  All of the right, title, and interests of the former
732	Jacksonville Port Authority in and to its marine port
733	facilities, including, without limitation, its real and personal
734	property and any interests therein, books, records, contracts,
735	leases, and all other property of any kind or nature related to
736	the operation of the marine port, by operation of this act (and
737	its predecessor act), and without further act, to the authority.
738	(2)  All contracts and leases relating to the former
739	Jacksonville Port Authority's marine port operations, shall, by
740	operation of this act (and its predecessor act), and without
741	further act, become contracts and leases of the authority.
742	(3)  All accounts receivable, accounts payable, and cash on
743	hand relating to the former Jacksonville Port Authority's marine
744	port operations shall, by operation of this act (and its
745	predecessor act), and without further act, be transferred or
746	delivered to the authority.
747	(4)  All operating expenses, including taxes of all kinds
748	and all revenue and expense accruals of the former Jacksonville
749	Port Authority's marine operations shall be transferred to the
750	authority, on the effective date at transfer.
751	(5)  The conveyances specified in this section shall be
752	effective as of October 1, 2001.
753	Section 13.  Chapter 315, Florida Statutes, relating to
754	port facilities financing, also applicable.--The provisions of
755	chapter 315, Florida Statutes, relating to port facilities
756	financing, shall also be applicable to the authority.
757	Section 14.  Declaration of purposes.--The authority
758	created by this act and the purposes which it is intended to
759	serve is hereby found to be for a county and public purpose. The
760	authority is a political subdivision of the State of Florida,
761	local governmental body within the meaning of section 10(c)(2),
762	Article VII of the State Constitution. Nothing in this act is
763	intended to create an entity which is exempt from ad valorem
764	taxation except as otherwise set forth by applicable law.
765	Section 2.  The powers of the authority created by this act
766	shall be construed liberally in favor of the authority. No
767	listing of powers included in this act is intended to be
768	exclusive or restrictive and the specific mention of, or failure
769	to mention, particular powers in this act shall not be construed
770	as limiting in any way the general powers of  the authority as
771	stated in section 3. It is the intent of this act to grant the
772	authority full power and right to exercise all authority
773	necessary for the effective operation and conduct of the
774	authority. It is further intended that the authority should have
775	all implied powers necessary or incidental to carrying out the
776	expressed powers and the expressed purposes for which the
777	authority is created. The fact that this article specifically
778	states that the authority possesses a certain power does not
779	mean that the authority must exercise such power unless this
780	article specifically so requires.
781	Section 3.  The provisions of this act are severable and it
782	is the intention to confer the whole or any part of the powers
783	provided for herein and if any of the provisions of this act
784	shall be held unconstitutional by any court of competent
785	jurisdiction, the decision of such court shall not affect or
786	impair any of the remaining provisions.
787	Section 4.  Effective on the effective date of this act, as
788	defined below, chapters 2001-319, 2002-349, and 2003-341, Laws
789	of Florida, are hereby repealed.
790	Section 5.  This act shall take effect upon becoming a law.
791
792	================= T I T L E  A M E N D M E N T =================
793	Remove the entire title and insert:
794	A bill to be entitled
795	An act relating to the Jacksonville Port Authority,
796	Consolidated City of Jacksonville, Duval County; creating
797	and establishing separate charter provisions concerning
798	the seaport authority known as the Jacksonville Port
799	Authority which was established effective October 1, 2001,
800	pursuant to chapter 2001-319, Laws of Florida, as amended;
801	establishing the separate seaport authority as a county
802	authority, providing for governing bodies, appointment of
803	members, terms, staggered terms, and rules of procedure;
804	providing for employment of a managing director and other
805	employees; providing for interrelations with and use of
806	services of the City of Jacksonville; providing
807	definitions; establishing powers; providing for issuance
808	of bonds; providing for budgetary and financial matters;
809	providing for rights of bondholders; providing rights of
810	employees and participation in the Florida Retirement
811	System; providing for cooperation with other entities;
812	providing for audits and bonds; providing for purchasing,
813	procurement, and award of contracts; providing for
814	execution of instruments and examination of claims;
815	effective October 1, 2001, providing for transfer of
816	assets and liabilities from the former consolidated
817	Jacksonville Port Authority to the separate seaport
818	authority and for assumption of responsibilities; making
819	the Port Facilities Financing Act applicable to seaport
820	operations; declaring a county and public purpose;
821	providing for liberal construction; providing for
822	severability; repealing chapter 2001-319, Laws of Florida,
823	as amended; providing an effective date.

CODING: Words stricken are deletions; words underlined are additions.