HB 1649

1
A bill to be entitled
2An act relating to the Jacksonville Port Authority,
3Consolidated City of Jacksonville, Duval County; creating
4and establishing separate charter provisions concerning
5the seaport authority known as the Jacksonville Port
6Authority which was established effective October 1, 2001,
7pursuant to chapter 2001-319, Laws of Florida, as amended;
8establishing the separate seaport authority as a county
9authority, providing for governing bodies, appointment of
10members, terms, staggered terms, and rules of procedure;
11providing for employment of a managing director and other
12employees; providing for interrelations with and use of
13services of the City of Jacksonville; providing
14definitions; establishing powers; providing for issuance
15of bonds; providing for budgetary and financial matters;
16providing for rights of bondholders; providing rights of
17employees and participation in the Florida Retirement
18System; providing for cooperation with other entities;
19providing for audits and bonds; providing for purchasing,
20procurement, and award of contracts; providing for
21execution of instruments and examination of claims;
22effective October 1, 2001, providing for transfer of
23assets and liabilities from the former consolidated
24Jacksonville Port Authority to the separate seaport
25authority and for assumption of responsibilities; making
26the Port Facilities Financing Act applicable to seaport
27operations; declaring a county and public purpose;
28providing for liberal construction; providing for
29severability; repealing chapter 2001-319, Laws of Florida,
30as amended; providing an effective date.
31
32Be It Enacted by the Legislature of the State of Florida:
33
34     Section 1.  Section  1.  Creation of Jacksonville Port
35Authority.--
36     (1)  The charter provisions concerning the marine
37operations of the former Jacksonville Port Authority established
38pursuant to chapter 2001-319, Laws of Florida, as amended, are
39hereby repealed and the following is created for the
40Jacksonville Port Authority. There is hereby created and
41established as of October 1, 2001 a separate body politic and
42corporate to be known as the Jacksonville Port Authority
43(formerly known as the Jacksonville Seaport Authority from
44October 1, 2001 to July 16, 2003 and hereinafter referred to
45singly as the "authority"), which is created as an agency and
46political subdivision of the State of Florida in the nature of
47counties and not municipalities. This authority is authorized to
48exercise its jurisdiction, powers, and duties within the
49geographic area defined by the boundary lines of Duval County as
50established by section 7.16, Florida Statutes, which boundary
51lines also define the geographic area of the City of
52Jacksonville, and outside such boundary lines as hereinafter
53provided. The Jacksonville Port Authority shall operate, manage,
54and control the publicly owned seaport and ancillary facilities
55located within Duval County and outside such boundary lines as
56hereinafter provided. The authority was separated from the
57Jacksonville Airport Authority pursuant to chapter 2001-319,
58Laws of Florida, as amended, and this separation shall be
59reviewed for performance and efficiency after a period of 4
60years from October 1, 2001.
61     (2)  The governing body for the Jacksonville Port Authority
62shall consist of seven members, four of whom shall be appointed
63by the Mayor of the City of Jacksonville with the confirmation
64of the council of the City of Jacksonville, and three of whom
65shall be appointed by the Governor of Florida with the
66confirmation of the Senate. Members shall serve for terms of 4
67years commencing on October 1st of the year of the appointment
68or for the unexpired portion of a term deemed to have commenced
69on October 1st. Members of the authority, during their terms,
70shall serve at the pleasure of the Mayor or Governor, whoever
71appointed the member. Members shall continue to serve on the
72authority until their death, resignation, removal, or until
73their respective successors are appointed and confirmed. A
74vacancy occurring during a term of an appointed member on the
75authority, shall be filled only for the balance of the unexpired
76term unless otherwise specified in the appointment and
77confirmation. Any member appointed to the authority for two
78consecutive full terms shall not be eligible for appointment to
79the authority for the next succeeding term. Provided, however,
80notwithstanding the above, members initially appointed to the
81authority shall serve in staggered terms to provide continuity
82of experience to the authority with two gubernatorial
83appointments and two mayoral appointments being for initial 2-
84year terms, which shall count as a full term for purposes of
85term limits herein.
86     (3)  The authority shall elect a chair, vice chair,
87secretary, and treasurer from its members, and such other
88officers it deems proper, not necessarily from its members, to
89perform such duties as the authority may direct. Four members of
90the authority shall constitute a quorum for the authority, but
91at least four members of the authority must approve any action
92to be taken by the authority. Resolutions adopted by the vote of
93at least four members of the authority shall become effective
94without further action by the authority. Each member of the
95authority shall have one vote. The yeas and nays shall be called
96and entered upon the minutes of each meeting upon the passage of
97every resolution or other action of the authority. The authority
98may meet at such times and places designated by it but shall
99hold regular meetings as necessary, and generally once a month.
100Special meetings of the authority may be called upon the call of
101its chair or any three members of the authority. The members of
102the authority shall not be entitled to compensation but members
103and employees of the authority shall be entitled to payment of
104reasonable expenses as provided by the council of the City of
105Jacksonville.
106     (4)  The authority shall employ and fix the compensation of
107a managing director who shall manage the affairs of the
108authority under the supervision and control of the authority.
109Such managing director may be given any title suitable to the
110authority. The authority may employ such engineers, certified
111public accountants, consultants, and employees as it may
112require, and fix and pay their compensation. The authority may
113use any of the services available to governmental units through
114the Administration and Finance Department of the City of
115Jacksonville, but is not required by law to do so. However, the
116authority shall be required to use the legal services of the
117City of Jacksonville, except in those cases when the chief legal
118officer of the city determines that the city legal staff cannot
119provide legal services in the required legal area. Such use of
120city services, including, but not limited to, legal services,
121shall be on contractual basis and the authority is authorized to
122pay the city reasonable and fair compensation for such services
123so furnished by the city and used by the authority. The use by
124the authority of any such services furnished by the city shall
125not obligate the authority except to the extent it contracts
126with the city, or otherwise subject the authority to any rules,
127regulations, or ordinances of said city not otherwise applicable
128to the authority under this act and the charter of said city.
129The authority may delegate to one or more of its agents or
130employees such of its powers as it may deem necessary to carry
131out the purposes of this act, subject always to the supervision
132and control of the authority, and may do any and all things
133necessary to accomplish the purposes of this act.  
134     (5)  The provisions of section 286.012, Florida Statutes,
135requiring any member of the authority present at a meeting to
136vote unless there is a possible conflict of interest, and the
137provisions of sections 112.311-112.3175, Florida Statutes, and
138as the same may be amended in the future, relating to financial
139disclosure and conflicts of interest, shall apply to each member
140of the authority.
141     Section 2.  Definitions.--In the interpretation hereof the
142following words and terms shall be taken to include the
143following meanings when the context shall require or permit:
144     (1)  The term "bonds" means and embraces bonds, notes,
145certificates, and other financial obligations issued by the
146authority for financing or refinancing purposes, and except
147where otherwise required by the context, notes, and other
148instruments executed to evidence obligations of the authority
149for 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
152consolidated government of the City of Jacksonville created
153pursuant to section 9, Article VIII of the State Constitution.
154     (4)  The term "federal agency" means and includes the
155United States, the President of the United States, and any
156department of, or corporation, agency, or instrumentality
157thereof, heretofore or hereafter created, designated, or
158established by the United States.
159     (5)  Words importing singular number shall include the
160plural number in each case and vice versa, and words importing
161persons shall include firms and corporations.
162     (6)  The term "project" embraces any one or any combination
163of 2 or more of the following, to wit: facilities for the
164construction, manufacture, repair, or maintenance of boats,
165ships, and watercraft of all kinds, and other facilities,
166directly or indirectly related to the promotion and development,
167of waterborne and maritime activities and commerce, travel,
168exploration, and researching, and other harbor, port, shipping,
169and seaport facilities of all kinds, including, but not limited
170to, harbors, channels, turning basins, anchorage areas, jetties,
171breakwaters, waterways, canals, locks, tidal basins, wharves,
172docks, piers, slips, bulkheads, warehouses, terminals,
173refrigerating, and cold storage plants and facilities, parking
174areas and facilities, intermodal and railroad and motor
175terminals for passengers, freight, exploration, and research,
176rolling stock, ferries, boats, conveyors, and appliances of all
177kinds for the handling, storage, inspection, and transportation
178of freight and the handling of passenger traffic, mail, express,
179and freight, administration and service buildings, toll
180highways, tunnels, causeways, and bridges connected therewith or
181incident or auxiliary thereto, and may include all property,
182structures, facilities, rights, easements, and franchises
183relating to any such project deemed necessary or convenient for
184the acquisition, construction, purchase, or operation thereof.
185The authority is authorized to use such of its real property as
186it deems fit for facilities for recreational programs and
187activities, provided, however, that such programs and activities
188are approved by a simple majority vote of the Jacksonville City
189Council.
190     (7)  The term "cost," as applied to improvements, means the
191cost of constructing or acquiring improvements as hereinabove
192defined and shall embrace the cost of all labor and materials,
193the cost of all machinery and equipment, financing charges, the
194cost of engineering and legal expenses, plans, specifications,
195and such other expenses as may be necessary or incident to such
196construction or acquisition.
197     (8)  The term "cost," as applied to a project acquired,
198constructed, extended, or enlarged, includes the purchase price
199of any project acquired, the cost of improvements, the cost of
200such construction, extension, or enlargement, the cost of all
201lands, properties, rights, easements, and franchises acquired,
202the cost of all machinery and equipment, financing charges,
203interest during construction, and if deemed advisable, for up to
2041 year after completion of construction, cost of investigations
205and audits, and of engineering and legal services, and all other
206expenses necessary or incident to determining the feasibility or
207practicability of such acquisition or construction,
208administrative expense, and such other expenses as may be
209necessary or incident to the financing herein authorized and to
210the acquisition or construction of a project and the placing of
211the same in operation. Any obligation or expense incurred by the
212authority prior to the issuance of revenue bonds under the
213provisions of this act for engineering studies and for estimates
214of cost and of revenue and for other technical, financial, or
215legal services in connection with the acquisition or
216construction of any project may be regarded as a part of the
217cost of such project.
218     Section 3.  Powers.--The authority shall have the below
219specified powers (in addition to other powers otherwise
220conferred by law) and shall also have all powers that relate to
221maritime issues vested in the former Jacksonville Port
222Authority:
223     (1)  To adopt, use, and alter at will a corporate seal; to
224sue and be sued, implead and be impleaded, complain, and defend
225in all courts; to exercise the power of eminent domain to
226acquire property for any authorized purposes, including the
227taking of such property ancillary to said power in the manner
228from time to time provided by the laws of the State of Florida;
229to accept grants, gifts, and donations; and to enter into
230contracts, leases, or other transactions with any legal entity,
231person, federal agency, the state, any agency of the state, the
232County of Duval, the City of Jacksonville, or with any other
233public body of the state.
234     (2)  To adopt rules and regulations with reference to all
235projects and matters under the control of the authority. All
236rules and regulations promulgated and all impositions and
237exactions made by the authority hereof shall be just and
238reasonable and consistent with public interest and their
239application shall be subject to review by certiorari in any
240court of proper and competent jurisdiction. All rules and
241regulations shall be a matter of public record (except as
242otherwise provided by applicable law) and copies thereof shall
243be dispensed at cost to all applicants therefor.
244     (3)  To construct, acquire, establish, improve, extend,
245enlarge, reconstruct, re-equip, maintain, repair, and operate
246any project as herein defined.
247     (4)  Subject to the jurisdiction of the United States and
248the State of Florida, to construct, establish, and improve
249harbors within the county, to improve navigable waters within
250the county, and to construct and maintain canals, slips, turning
251basins, and channels, all upon such terms and conditions as may
252be required by the United States and the State of Florida.
253     (5)  To acquire for any project authorized by this act by
254grant, purchase, gift, devise, condemnation by eminent domain
255proceedings, exchange, or in any other manner, all property,
256real or personal, or any estate or interest therein, upon such
257terms and conditions as the authority shall by resolution fix
258and determine. The right of eminent domain herein conferred
259shall be exercised by the authority in the manner provided by
260law.
261     (6)  To issue revenue bonds, payable solely from revenues,
262to pay all or a part of the cost of acquisition, construction,
263extension, enlargement, improvement, or modernization of any
264project and to pledge the revenues to secure the payment of
265bonds.
266     (7)  To enter into arrangements with steamship lines,
267railroads, any intermodal or common carrier, or any other
268commercial enterprise, related to the authority's basic mission,
269if the authority shall deem it advantageous so to do.
270     (8)  To make and enter into all contracts and agreements
271and to do and perform all acts and deeds necessary and
272incidental to the performance of the duties of the authority and
273the exercise of its powers; to make and execute leases or
274agreements for the use and occupation of the property and/or
275projects under the control of the authority on such terms,
276conditions, and period of time as it may determine; and to sell
277and dispose of such property and/or projects as shall no longer
278be needed for the uses and purposes of the authority on such
279terms and conditions as shall be prescribed by resolution of the
280authority; however, before disposing of any real property which
281was acquired from either the city or county, other than by
282purchase or by swap, the authority shall give written notice to
283the governmental unit from which such real property was
284acquired. If said governmental unit desires to accept a
285reconveyance of said real property, it shall give the authority
286written notice of such intention within 30 days from the date of
287mailing of the authority's notice regarding the disposal of such
288property, and the authority shall make the reconveyance of such
289property to said governmental unit forthwith. If within such 30
290days, said governmental unit does not notify the authority in
291writing of a desire to accept a reconveyance of said property or
292refuses to accept a reconveyance of same the authority may sell
293and dispose of same on such terms and conditions as shall be
294prescribed by resolution of the authority. The authority shall
295not sell real property for less than the appraised value.
296     (9)  To the extent permitted by law to fix, regulate, and
297collect rates and charges for the services and facilities
298furnished by any project under the control of the authority, and
299to establish, limit, and control the use of any project as may
300be deemed necessary to ensure the proper operation of the
301project; and to impose sanctions to promote and enforce
302compliance with any rule or regulation which the authority may
303adopt in the regulation of the ports, harbors, wharves, docks,
304and other projects under its control.
305     (10)  To fix the rates for wharfage, dockage, warehousing,
306storage, and port and terminal charges for the use of the
307facilities owned or operated by the authority.
308     (11)  To solicit shipping lines, intermodal or common
309carriers, and other businesses and to do all things necessary or
310advisable to promote commerce and increase passenger traffic and
311freight tonnage through the seaport operated by the authority;
312to publicize, advertise, and promote the activities and projects
313authorized by this act and to promote the objects of the
314authority in the manner set forth by resolution of the
315authority; to make known to the users, potential users, and
316public in general the advantages, facilities, resources,
317products, attractions, and attributes of the activities and
318projects authorized by this act; to further create a favorable
319climate of opinion concerning the activities and projects
320authorized and indicated by this act; to cooperate, including
321expenditure of funds, to and with other agencies, both public
322and private, in accomplishing the purposes enumerated and
323indicated by this act; and in furtherance thereof, to authorize
324expenditures for any and all of the purposes herein enumerated,
325including, but not limited to, meals, hospitality, and
326entertainment of persons in the interest of promoting and
327engendering good will toward the activities and projects herein
328authorized, provided, however, that funds obtained under
329chapters 159 and 315, Florida Statutes, may not be used for such
330purposes. Whenever an expenditure of funds for any of the
331foregoing purposes is made by a member or employee of the
332authority, the authority may reimburse such member or employee
333therefor, but only in the manner duly authorized by the
334authority.
335     (12)  To receive and accept from any federal or state
336agency grants for or in aid of the construction, improvement, or
337operation of any project and to receive and accept contributions
338from any source of money, property, labor, or other things of
339value.
340     (13)  To make any and all applications required by the
341Treasury Department and other departments or agencies of the
342federal government as a condition precedent to the establishment
343within or without the county of a free port, foreign trade zone,
344or area for the reception from foreign countries of articles or
345commerce and to expedite and encourage foreign commerce, and the
346handling, processing, and delivery thereof into foreign commerce
347free from the payment of custom duties and, provided there is an
348economic benefit to the authority and/or Duval County, to enter
349into any agreements required by such departments or agencies in
350connection therewith and to make like applications and
351agreements with respect to the establishment within and without
352said county of one or more bonded warehouses.
353     (14)  To enter into any contract with a legal entity,
354person, the State of Florida, the federal government, or any
355agency of said governments, which may be necessary for
356development of any project related to the authority's basic
357mission.
358     (15)  To make or cause to be made such surveys,
359investigations, studies, borings, maps, plans, drawings, and
360estimates of cost and revenues as the authority may deem
361necessary and may prepare and adopt a comprehensive plan or
362plans, for the location, construction, improvement, and
363development of any project.
364     (16)  To grant exclusive or non-exclusive franchises to
365persons, firms, or corporations for the operation of
366restaurants, cafeterias, bars, cigar and cigarette stands,
367newsstands, buses, taxicabs, vending machines, hotels, motels,
368service stations, real estate developments, and other
369concessions in, on, and in connection with any property and/or
370project owned and operated by the authority. In granting such
371franchises it shall be the duty of the authority to investigate
372and consider the qualifications and ability of the lessee or
373concessionaires to provide or perform the contemplated services
374and the revenues which will be derived therefrom by the
375authority and to exercise sound prudent business judgment on
376behalf of the authority with respect thereto, calling for bids
377when practicable and when the interests of the public will best
378be served by such action.
379     (17)  To enter into contracts with utility companies or
380others for the supplying by said utility companies or others of
381water, electricity, or telephone service to or in connection
382with any project.
383     (18)  To pledge by resolution or contract the revenues
384arising from the operation of any project or projects owned and
385operated by the authority, or under its control, to the payment
386of the cost of operation, maintenance, repair, improvement,
387extension, or enlargement of the project or projects from the
388operation of which such revenues are received and for the
389payment of principal and interest on bonds issued in connection
390with any such project or projects and to combine for financing
391purposes any two or more projects constructed or acquired by the
392authority under the provisions of this act. In any such case the
393authority may adopt separate budgets for the operation of such
394project or projects. In every such case such revenues shall be
395expended exclusively for the payment of the costs of operation,
396maintenance, repair, improvement, extension, and enlargement of
397the project or projects from the operation of which such
398revenues arise, for the performance of the authority's contracts
399in connection with such project or projects, and for the payment
400of principal of premium, if any, and interest requirements of
401any bonds issued in connection with the project or projects. Any
402surplus of such funds remaining on hand at the end of any year
403shall be carried forward and may be expended in the succeeding
404year for the payment of the costs of operation of such project
405or projects or for the repair, improvement, or extension thereof
406as the authority may determine, unless such surplus has been
407pledged for the payment of principal of premium, if any, and
408interest on bonds, as authorized in subsections (1)-(6) of
409section 4, in which event any such surplus shall be applied in
410accordance with the resolution pledging the same.
411     (19)  To do all other acts and things necessary or proper
412in the exercise of the powers herein granted.
413     (20)  To do all acts or things necessary or proper to be
414and serve as a local governmental body within the meaning of
415section 10(c)(2), Article VII of the State Constitution, with
416respect to any project as defined therein.
417     (21)  To appoint officers for the administration of
418criminal justice as set forth by general law.
419     Section 4.  Issuance of bonds.--
420     (1)  The authority is authorized to issue general
421obligation bonds or revenue bonds of the authority for the
422purpose of paying all or a part of the cost of any one or more
423projects as herein defined, including the cost of enlargement,
424expansion, or development of such project whether the property
425used therefor has previously been acquired or not, and the cost
426of removing therefrom or relocating or reconstructing at another
427location any buildings, structures, or facilities, which in the
428opinion of the authority constitute obstructions or hazards to
429the safe or efficient operation of any such project and for the
430purpose of paying off and retiring any bonds issued or assumed
431under the provisions of this act.
432     (2)  The bonds of each issue shall be authorized by
433resolution of the authority and shall be dated, shall mature at
434such time or times not exceeding 40 years from their date or
435dates, as may be determined by the authority, and may be made
436redeemable before maturity, at the option of the authority, at
437such price or prices and under such terms and conditions as may
438be fixed by the authority prior to the issuance of the bonds.
439The authority shall determine the form of bonds, including any
440interest coupons to be attached thereto, and the manner of
441execution of the bonds and shall fix the denomination or
442denominations of the bonds and the place or places of payment of
443principal and interest, which may be at any bank or trust
444company within or without the state. The resolution authorizing
445the issuance of the bonds shall contain such provisions relating
446to the use of the proceeds from the sale of the bonds and for
447the protection and security of holders of the bonds, including
448their rights and remedies, and the rights, powers, privileges,
449duties, and obligations of the authority with respect to the
450same, as shall be determined by the authority. In case any
451officer whose signature or facsimile of whose signature shall
452appear on any bonds or coupons shall cease to be such officer
453before the delivery of such bonds, such signature or such
454facsimile shall nevertheless be valid and sufficient for all
455purposes to the same extent as if such officer had remained in
456office until such delivery. The bonds may be issued in coupon
457registered or book entry form, as the authority may determine,
458and provisions may be made for the registration of any coupon
459bonds as to principal alone and also as to both principal and
460interest and for the reconversion into coupon bonds of any bonds
461registered as to both principal and interest.
462     (3)  Prior to any public sale of bonds, the authority may,
463in addition to any other publication and notice to the financial
464community, cause notice to be given by publication in a daily
465newspaper published and having a general circulation in the city
466that the authority will receive bids for the purchase of the
467bonds at the office of the authority in the city. Said notice
468may be published once not less than 15 days prior to the date
469set for receiving the bids. Said notice may specify the amount
470of the bonds offered for sale, state that the bids shall be
471sealed bids, and give the schedule of the maturities of the
472proposed bonds and such other pertinent information as may be
473prescribed in the resolution authorizing the issuance of such
474bonds or any resolution subsequent thereto. Bidders may be
475invited to name the rate or rates of interest which the bonds
476are to bear or the authority may name rates of interest and
477invite bids thereon. In addition to publication of notice of the
478proposed sale, a copy of such advertisement shall be given to
479the Florida Division of Bond Finance and to at least three
480recognized bond dealers in the state, in the time established by
481applicable law.
482     (4)  Except as otherwise provided in this subsection, bonds
483and refunding bonds issued pursuant to this act may be sold at
484public sale and shall be awarded to the bidder whose bid
485produces the lowest true interest cost to the authority. The
486authority shall reserve the right to reject any or all bids.
487Notwithstanding the foregoing, bonds and refunding bonds issued
488pursuant to this act may be sold at private sale at such price
489or prices as the authority shall determine to be in its best
490interest. However, any price less than 100 percent of par value
491shall be subject to section 215.84, Florida Statutes, as it may
492be amended from time to time. In no event shall said bonds be
493sold at a net interest cost to the authority in excess of the
494legal limit, as established by section 215.84, Florida Statutes,
495or according to said section as it may be amended from time to
496time. The net interest cost of bonds shall be determined by
497taking the aggregate amount of interest at the rate or rates
498specified in the bonds, computed from the date of the bonds to
499the date of the various stated maturities thereof, and deducting
500therefrom the amount of any premium offered in excess of the par
501value of the bonds or adding thereto the amount of any discount
502offered below the par value of the bonds with interest computed
503on a 360-day basis. Pending the preparation of definitive bonds,
504interim bonds may be issued to the purchaser or purchasers of
505such bonds and may contain such terms and conditions as the
506authority may determine.
507     (5)  The authority shall require all bidders for said bonds
508to enclose a certified or bank cashier's check, in the amount of
5092 percent of the total par value of the bonds offered for sale,
510drawn on an incorporated bank or trust company payable
511unconditionally to the order of the authority, as a guarantee of
512good faith in the performance of each bid. The checks of the
513unsuccessful bidders shall be returned immediately upon the
514award of the bonds and the check of the successful bidder shall
515be retained by the authority and credited against the full
516purchase price of the bonds at the time of delivery or retained
517as and for liquidated damages in case of the failure of such
518bidder to fulfill the terms of his or her bid.
519     (6)  No general obligation bonds shall be issued by the
520authority hereunder unless the issuance of such bonds shall have
521been approved by a majority of the votes cast by qualified
522voters in an election held for such purpose. Whenever the
523authority, by resolution, requests the council of the City of
524Jacksonville to hold such an election, said council shall, on
525behalf of the authority, hold, conduct, canvass, and announce
526the results of such election in accordance with the procedure
527prescribed by law for the issuance of county bonds. The expenses
528of such election shall be paid by the authority. In no event
529shall such general obligation bonds be construed or considered
530to be bonds of the City of Jacksonville or any other
531municipality but shall be solely bonds of the authority that
532issues the bonds.
533     (7)  The authority is authorized to borrow money and to
534issue notes for any purpose or purposes for which bonds may be
535issued under the provisions of this act and to refund the same
536and to issue notes in anticipation of the receipt of the
537proceeds of the sale of any such bonds.
538     (8)  Subject to the restrictions contained in subsections
539(2), (3), and (4) of section 4., the authority shall have the
540power to provide for the issuance of refunding bonds of the
541authority for the purpose of refunding any revenue bonds or
542general obligation bonds, or any combination of general
543obligation or revenue bonds then outstanding which have been
544assumed by the authority or issued for the purpose of financing
545the cost of making enlargements, extensions, and improvements to
546any project acquired, constructed, or operated under the
547provisions of this act. The authority is further authorized to
548provide for the issuance of revenue bonds or general obligation
549bonds, or any combination thereof, of the authority for the
550combined purpose of:
551     (a)  Paying the cost of enlargement, extension,
552reconstruction, or improvement of any project or combination of
553projects.
554     (b)  Refunding revenue bonds or general obligation bonds,
555or any combination thereof, which have been assumed by the
556authority under the provisions of this act (or its predecessor
557act) which shall then be outstanding and which shall then have
558matured or be subject to redemption or can be acquired for
559retirement. The issuance of such bonds, the maturities or other
560details thereof, the rights or remedies of the holders thereof,
561and the rights, powers, privileges, duties, and obligations of
562the authority with respect to the same shall be set forth in the
563resolution of the authority authorizing the issuance of such
564bonds.
565     Section 5.  Budget and finance.--The fiscal year of the
566authority shall commence on October 1 of each year and end on
567the following September 30. The authority shall prepare and
568submit its budget to the council of the City of Jacksonville on
569or before July 1 for the ensuing fiscal year. The council,
570consistent with the provisions of the Charter of the City of
571Jacksonville, may increase or decrease the appropriation
572(budget) requested by the authority on a total basis or a line-
573by-line basis; however, the appropriation for construction,
574reconstruction, enlargement, expansion, improvement, or
575development of any project or projects authorized to be
576undertaken by the former Jacksonville Port Authority and the
577authority shall not be reduced below $800,000 for each year that
578the bonds to which the $800,000 is pledged remain outstanding.
579     Section 6.  Rights of bondholders.--All bonds issued by the
580City of Jacksonville or the former Jacksonville Port Authority
581related to properties transferred to the authority and bonds
582issued under authority of chapter 63-1447, Laws of Florida,
583remain the liability, responsibility, and obligation of the
584issuer and the rights of the holders of existing outstanding
585bonds shall be unimpaired. Rights, duties, and obligations of
586the authority with respect to the property transferred to it by
587the former Jacksonville Port Authority are ratified and remain
588unchanged.
589     Section 7.  Rights of employees.--All employment rights and
590employee benefits authorized under section 11, chapter 63-1447,
591Laws of Florida, as amended, are hereby confirmed, ratified, and
592continued, notwithstanding the repeal of said chapter 63-1447,
593Laws of Florida, as amended. Effective October 1, 2001, in order
594to preserve the rights of employees of the former Jacksonville
595Port Authority to continue participation in the Florida
596Retirement System pursuant to chapter 121, Florida Statutes, the
597authority created by this act (and its predecessor act) shall be
598a county agency and employees of the authority shall participate
599in the Florida Retirement System, notwithstanding any law to the
600contrary. Effective October 1, 2001, those employees of the
601Jacksonville Port Authority who were assigned to any activity
602related to the operation of the marine facilities shall become
603employees of the Jacksonville Port Authority created by this act
604(and its predecessor act). Effective October 1, 2001, central
605administrative employees shall be employed by either the
606authority created by this act (and its predecessor act) or the
607Jacksonville Airport Authority, or as otherwise agreed by both
608the authority and the Jacksonville Airport Authority. It is
609expressly provided that none of those employees of the former
610Jacksonville Port Authority who remain with the authority
611created by this act (and its predecessor act) shall lose any
612rights or benefits of whatsoever kind or nature afforded to them
613by any law, ordinance, collective bargaining agreement, or
614existing policy or plan, including, but not limited to, pension
615benefits by virtue of the change in corporate structure. In
616order to effectively implement the foregoing, the authority
617shall perform all functions with regard to its own employees
618that prior to the operation of the two authorities created by
619this act (and its predecessor act) were performed by the former
620Jacksonville Port Authority. In order to specifically preserve
621the rights of employees of the former Jacksonville Port
622Authority to continue participation in the Florida Retirement
623System, pursuant to chapter 121, Florida Statutes, the authority
624created by this act (and its predecessor act) shall be a county
625authority and employees of this authority who are currently
626participating in the Florida Retirement System and all employees
627of the authority after October 1, 2001, shall participate in the
628Florida Retirement System.
629     Section 8.  Cooperation with other units, boards, agencies,
630legal entities and persons.--Express authority and power is
631hereby given and granted any county, municipality, drainage
632district, road and bridge district, school district, or any
633other political subdivision, board, commission, or individual
634in, or of, the state to make and enter into with the authority,
635contracts, leases, conveyances, or other agreements within the
636provisions and purposes of this act. The authority is hereby
637expressly authorized to make and enter into contracts, leases,
638conveyances, and other agreements with any political
639subdivision, agency, or instrumentality of the state and any and
640all federal agencies, legal entities and persons for the purpose
641of carrying out the provisions of this act.
642     Section 9.  Audits; bonds.--The authority shall issue
643quarterly and annually financial reports of its operations and
644shall also cause annual audits to be made of its operations and
645affairs by an independent certified public accountant, in such
646detail as may be necessary to show the financial operation and
647status of the authority, and the same shall be preserved as
648public records of the authority. The authority's records may be
649audited at any time by the Council Auditor of the City of
650Jacksonville. Members of the authority shall be required to give
651a good and sufficient surety bond in the sum of $50,000, payable
652to the City of Jacksonville, conditioned upon the faithful
653performance of their duties as members of the authority. Such
654bonds shall be approved by and filed with the clerk of the
655circuit court of Duval County, and the premium or premiums
656thereon shall be paid by the authority as a necessary expense of
657the authority. The authority shall have power to require its
658managing director and such others of its employees as they may
659deem necessary to furnish good and sufficient surety bond in
660such sum as the authority shall require, conditioned upon the
661faithful performance of duties, and to pay the premium or
662premiums thereon as a necessary expense of the authority.
663     Section 10.  Award of contracts.--
664     (1)  If the total cost, value, or amount of construction,
665reconstruction, repairs, or work of any nature, including the
666labor and materials, exceeds $50,000 when purchased by the
667authority, any such construction, reconstruction, repairs, or
668work exceeding the foregoing amount established for the
669authority shall be done only under contract or contracts to be
670entered into by the authority with the lowest responsible bidder
671upon proper terms and after due public notice has been given
672asking for competitive bids as hereinafter provided. The
673foregoing requirement for competitive bidding shall not apply to
674construction, reconstruction, repairs, or work done by employees
675of the authority or by labor supplied under agreement with the
676federal or state government. The authority shall keep a current
677list of responsible bidders and, whenever the authority shall
678award a contract, the bidder shall come from such list. No
679contract shall be entered into for construction, improvement, or
680repair of any project, or any part thereof, unless the
681contractor shall have given an undertaking with a sufficient
682surety or sureties, approved by the authority, and in an amount
683fixed by the authority, for the faithful performance of the
684contract. All such contracts shall provide, among other things,
685that the person or corporation entering into such contract with
686the authority shall pay for all materials furnished and services
687rendered for the performance of the contract and that any person
688or corporation furnishing such materials or rendering such
689services may maintain an action to recover for the same against
690the obligor in the undertaking, as though such person or
691corporation were named therein, provided the action is brought
692within 1 year after the time the cause of action accrued.
693Nothing in this section shall be construed to limit the power of
694the authority to construct any project, or any part thereof, or
695any addition, betterment, or extension thereto, directly by the
696officers, agents, and employees of the authority, or otherwise,
697other than by contract.
698     (2)  All supplies, equipment, machinery, and materials
699exceeding $25,000 in cost purchased by the authority shall be
700purchased by the authority only after due advertisement as
701provided hereinafter. When purchasing supplies, equipment,
702machinery, and materials pursuant to competitive bid as mandated
703herein, the authority shall accept the lowest bid or bids, kind,
704quality, and material being equal but the authority shall have
705the right to reject any or all bids or select a single item from
706any bid. The provision as to bidding shall not apply to the
707purchase of patented and manufactured products offered for sale
708in a noncompetitive market or solely by a manufacturer's
709authorized dealer.
710     (3)  The term "advertisement" or "due public notice"
711wherever used in this section means a notice published at least
712once a week for 2 consecutive weeks before the award of any
713contract, in a daily newspaper published and having a general
714circulation in the county, and in such other newspapers or
715publications as the authority shall deem advisable.
716     (4)  Subject to the aforesaid provisions, the authority
717may, but without intending by this provision to limit any powers
718of the authority, enter into and carry out such contract or
719establish or comply with such rules and regulations concerning
720labor and materials and other related matters in connection with
721any project, or portion thereof, as the authority may deem
722desirable or as may be requested by the federal or state
723government assisting in the financing of its projects, seaport
724facilities, and facilities related thereto, or any part thereof,
725provided the provisions of this subsection shall not apply to
726any case in which the authority has taken over by transfer or
727assignment any contract assigned to it or assumed by it in
728connection with the transfer of city and county properties
729authorized under the provisions of sections 11 and 12, or to any
730contract in connection with projects which the authority may
731have had transferred to it by any persons or private
732corporations, and further provided the provisions of this
733section shall not apply to any contract or agreement between the
734authority and any engineers, architects, attorneys, or other
735professional services or to any contract or agreement relating
736to fiscal advisors, fiscal agents, or investment bankers,
737relating to the financing of projects herein authorized.
738     Section 11.  Execution of instruments; examination of
739claims.--All instruments in writing necessary to be signed by
740the authority shall be executed by its chair and secretary. The
741authority may, by resolution, designate one or more officers,
742members, employees, or agents of the authority to execute
743instruments in writing where it is necessary that such
744instruments be signed by the authority. No expenditure of funds
745of the authority shall be made except by voucher approved by the
746authority and signed by its chair and secretary, or by one or
747more officers, members, or employees of the authority as the
748authority may designate by resolution. The foregoing authority
749of the chair may be exercised by the vice chair in the absence
750of the chair and the foregoing authority of the secretary may be
751exercised by an assistant secretary designated by the authority
752in the absence of the secretary. The authority shall provide for
753the examination of all payrolls, bills, and other claims and
754demands against the authority to determine before the same are
755paid that they are duly authorized, in proper form, correctly
756computed, legally due and payable, and that the authority has
757funds on hand to make payment.
758     Section 12.  Transfer of assets and liabilities.--The
759former Jacksonville Port Authority shall take all actions
760necessary to convey, assign, transfer, and set over:
761     (1)  All of the right, title, and interests of the former
762Jacksonville Port Authority in and to its marine port
763facilities, including, without limitation, its real and personal
764property and any interests therein, books, records, contracts,
765leases, and all other property of any kind or nature related to
766the operation of the marine port, by operation of this act (and
767its predecessor act), and without further act, to the authority.
768     (2)  All contracts and leases relating to the former
769Jacksonville Port Authority's marine port operations, shall, by
770operation of this act (and its predecessor act), and without
771further act, become contracts and leases of the authority.
772     (3)  All accounts receivable, accounts payable, and cash on
773hand relating to the former Jacksonville Port Authority's marine
774port operations shall, by operation of this act (and its
775predecessor act), and without further act, be transferred or
776delivered to the authority.
777     (4)  All operating expenses, including taxes of all kinds
778and all revenue and expense accruals of the former Jacksonville
779Port Authority's marine operations shall be transferred to the
780authority, on the effective date at transfer.
781     (5)  The conveyances specified in this section shall be
782effective as of October 1, 2001.
783     Section 13.  Chapter 315, Florida Statutes, relating to
784port facilities financing, also applicable.--The provisions of
785chapter 315, Florida Statutes, relating to port facilities
786financing, shall also be applicable to the authority.
787     Section 14.  Declaration of purposes.--The authority
788created by this act and the purposes which it is intended to
789serve is hereby found to be for a county and public purpose. The
790authority is a political subdivision of the State of Florida,
791local governmental body within the meaning of section 10(c)(2),
792Article VII of the State Constitution. Nothing in this act is
793intended to create an entity which is exempt from ad valorem
794taxation except as otherwise set forth by applicable law.
795     Section 2.  The powers of the authority created by this act
796shall be construed liberally in favor of the authority. No
797listing of powers included in this act is intended to be
798exclusive or restrictive and the specific mention of, or failure
799to mention, particular powers in this act shall not be construed
800as limiting in any way the general powers of  the authority as
801stated in section 3. It is the intent of this act to grant the
802authority full power and right to exercise all authority
803necessary for the effective operation and conduct of the
804authority. It is further intended that the authority should have
805all implied powers necessary or incidental to carrying out the
806expressed powers and the expressed purposes for which the
807authority is created. The fact that this article specifically
808states that the authority possesses a certain power does not
809mean that the authority must exercise such power unless this
810article specifically so requires.
811     Section 3.  The provisions of this act are severable and it
812is the intention to confer the whole or any part of the powers
813provided for herein and if any of the provisions of this act
814shall be held unconstitutional by any court of competent
815jurisdiction, the decision of such court shall not affect or
816impair any of the remaining provisions.
817     Section 4.  Effective on the effective date of this act, as
818defined below, chapters 2001-319, 2002-349, and 2003-341, Laws
819of Florida, are hereby repealed.
820     Section 5.  This act shall take effect upon becoming a law.


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