HB 1649

CS

CHAMBER ACTION

1	The Committee on Local Government & Veterans' Affairs recommends
2	the following:
3
4	Committee Substitute
5	Remove the entire bill and insert:
6	A bill to be entitled
7	An act relating to the Jacksonville Port Authority,
8	Consolidated City of Jacksonville, Duval County; creating
9	and establishing separate charter provisions concerning
10	the seaport authority known as the Jacksonville Port
11	Authority which was established effective October 1, 2001,
12	pursuant to chapter 2001-319, Laws of Florida, as amended;
13	establishing the separate seaport authority as a county
14	authority, providing for governing bodies, appointment of
15	members, terms, staggered terms, and rules of procedure;
16	providing for employment of a managing director and other
17	employees; providing for interrelations with and use of
18	services of the City of Jacksonville; providing
19	definitions; establishing powers; providing for issuance
20	of bonds; providing for budgetary and financial matters;
21	providing for rights of bondholders; providing rights of
22	employees and participation in the Florida Retirement
23	System; providing for cooperation with other entities;
24	providing for audits and bonds; providing for purchasing,
25	procurement, and award of contracts; providing for
26	execution of instruments and examination of claims;
27	effective October 1, 2001, providing for transfer of
28	assets and liabilities from the former consolidated
29	Jacksonville Port Authority to the separate seaport
30	authority and for assumption of responsibilities; making
31	the Port Facilities Financing Act applicable to seaport
32	operations; declaring a county and public purpose;
33	providing for liberal construction; providing for
34	severability; repealing chapter 2001-319, Laws of Florida,
35	as amended; providing an effective date.
36
37	Be It Enacted by the Legislature of the State of Florida:
38
39	Section 1.  Section 1. Creation of Jacksonville Port
40	Authority.--
41	(1)  The charter provisions concerning the marine
42	operations of the former Jacksonville Port Authority established
43	pursuant to chapter 2001-319, Laws of Florida, as amended, are
44	hereby repealed and the following is created for the
45	Jacksonville Port Authority. There is hereby created and
46	established as of October 1, 2001 a separate body politic and
47	corporate to be known as the Jacksonville Port Authority
48	(formerly known as the Jacksonville Seaport Authority from
49	October 1, 2001 to July 16, 2003 and hereinafter referred to
50	singly as the "authority"), which is created as an agency and
51	political subdivision of the State of Florida in the nature of
52	counties and not municipalities. This authority is authorized to
53	exercise its jurisdiction, powers, and duties within the
54	geographic area defined by the boundary lines of Duval County as
55	established by section 7.16, Florida Statutes, which boundary
56	lines also define the geographic area of the City of
57	Jacksonville, and outside such boundary lines as hereinafter
58	provided. The Jacksonville Port Authority shall operate, manage,
59	and control the publicly owned seaport and ancillary facilities
60	located within Duval County and outside such boundary lines as
61	hereinafter provided. The authority was separated from the
62	Jacksonville Airport Authority pursuant to chapter 2001-319,
63	Laws of Florida, as amended, and this  separation shall be
64	reviewed for performance and efficiency after a period of 4
65	years from October 1, 2001.
66	(2)  The governing body for the Jacksonville Port Authority
67	shall consist of seven members, four of whom shall be appointed
68	by the Mayor of the City of Jacksonville with the confirmation
69	of the council of the City of Jacksonville, and three of whom
70	shall be appointed by the Governor of Florida with the
71	confirmation of the Senate. Members shall serve for terms of 4
72	years commencing on October 1st of the year of the appointment
73	or for the unexpired portion of a term deemed to have commenced
74	on October 1st. Members of the authority, during their terms,
75	shall serve at the pleasure of the Mayor or Governor, whoever
76	appointed the member. Members shall continue to serve on the
77	authority until their death, resignation, removal, or until
78	their respective successors are appointed and confirmed. A
79	vacancy occurring during a term of an appointed member on the
80	authority, shall be filled only for the balance of the unexpired
81	term unless otherwise specified in the appointment and
82	confirmation. Any member appointed to the authority for two
83	consecutive full terms shall not be eligible for appointment to
84	the authority for the next succeeding term. Provided, however,
85	notwithstanding the above, members initially appointed to the
86	authority shall serve in staggered terms to provide continuity
87	of experience to the authority with two gubernatorial
88	appointments and two mayoral appointments being for initial 2-
89	year terms, which shall count as a full term for purposes of
90	term limits herein.
91	(3)  The authority shall elect a chair, vice chair,
92	secretary, and treasurer from its members, and such other
93	officers it deems proper, not necessarily from its members, to
94	perform such duties as the authority may direct. Four members of
95	the authority shall constitute a quorum for the authority, but
96	at least four members of the authority must approve any action
97	to be taken by the authority. Resolutions adopted by the vote of
98	at least four members of the authority shall become effective
99	without further action by the authority. Each member of the
100	authority shall have one vote. The yeas and nays shall be called
101	and entered upon the minutes of each meeting upon the passage of
102	every resolution or other action of the authority. The authority
103	may meet at such times and places designated by it but shall
104	hold regular meetings as necessary, and generally once a month.
105	Special meetings of the authority may be called upon the call of
106	its chair or any three members of the authority. The members of
107	the authority shall not be entitled to compensation but members
108	and employees of the authority shall be entitled to payment of
109	reasonable expenses as provided by the council of the City of
110	Jacksonville.
111	(4)  The authority shall employ and fix the compensation of
112	a managing director who shall manage the affairs of the
113	authority under the supervision and control of the authority.
114	Such managing director may be given any title suitable to the
115	authority. The authority may employ such engineers, certified
116	public accountants, consultants, and employees as it may
117	require, and fix and pay their compensation. The authority may
118	use any of the services available to governmental units through
119	the Administration and Finance Department of the City of
120	Jacksonville, but is not required by law to do so. However, the
121	authority shall be required to use the legal services of the
122	City of Jacksonville, except in those cases when the chief legal
123	officer of the city determines that the city legal staff cannot
124	provide legal services in the required legal area. Such use of
125	city services, including, but not limited to, legal services,
126	shall be on contractual basis and the authority is authorized to
127	pay the city reasonable and fair compensation for such services
128	so furnished by the city and used by the authority. The use by
129	the authority of any such services furnished by the city shall
130	not obligate the authority except to the extent it contracts
131	with the city, or otherwise subject the authority to any rules,
132	regulations, or ordinances of said city not otherwise applicable
133	to the authority under this act and the charter of said city.
134	The authority may delegate to one or more of its agents or
135	employees such of its powers as it may deem necessary to carry
136	out the purposes of this act, subject always to the supervision
137	and control of the authority, and may do any and all things
138	necessary to accomplish the purposes of this act.
139	(5)  The provisions of section 286.012, Florida Statutes,
140	requiring any member of the authority present at a meeting to
141	vote unless there is a possible conflict of interest, and the
142	provisions of sections 112.311-112.3175, Florida Statutes, and
143	as the same may be amended in the future, relating to financial
144	disclosure and conflicts of interest, shall apply to each member
145	of the authority.
146	Section 2.  Definitions.--In the interpretation hereof the
147	following words and terms shall be taken to include the
148	following meanings when the context shall require or permit:
149	(1)  The term "bonds" means and embraces bonds, notes,
150	certificates, and other financial obligations issued by the
151	authority for financing or refinancing purposes, and except
152	where otherwise required by the context, notes, and other
153	instruments executed to evidence obligations of the authority
154	for the repayment of borrowed funds.
155	(2)  The term "county" means the County of Duval.
156	(3)  The term "city" or "City of Jacksonville" means the

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