HB 1649

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39	hereby repealed and the following is created for the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

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