| 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 |
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| 32 | Be It Enacted by the Legislature of the State of Florida: |
| 33 |
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| 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| 39 | hereby repealed and the following is created for the |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 section 7.16, Florida Statutes, which boundary |
| 51 | lines also define the geographic area of the City of |
| 52 | Jacksonville, and outside such boundary lines as hereinafter |
| 53 | provided. The Jacksonville Port Authority shall operate, manage, |
| 54 | and control the publicly owned seaport and ancillary facilities |
| 55 | located within Duval County and outside such boundary lines as |
| 56 | hereinafter provided. The authority was separated from the |
| 57 | Jacksonville Airport Authority pursuant to chapter 2001-319, |
| 58 | Laws of Florida, as amended, and this separation shall be |
| 59 | reviewed for performance and efficiency after a period of 4 |
| 60 | years from 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 the |
| 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 the |
| 392 | authority under the provisions of this act. In any such case the |
| 393 | authority may adopt separate budgets for the operation of such |
| 394 | project or projects. In every such case such revenues shall be |
| 395 | expended exclusively for the payment of the costs of operation, |
| 396 | maintenance, repair, improvement, extension, and enlargement of |
| 397 | the project or projects from the operation of which such |
| 398 | revenues arise, for the performance of the authority's contracts |
| 399 | in connection with such project or projects, and for the payment |
| 400 | of principal of premium, if any, and interest requirements of |
| 401 | any bonds issued in connection with the project or projects. Any |
| 402 | surplus of such funds remaining on hand at the end of any year |
| 403 | shall be carried forward and may be expended in the succeeding |
| 404 | year for the payment of the costs of operation of such project |
| 405 | or projects or for the repair, improvement, or extension thereof |
| 406 | as the authority may determine, unless such surplus has been |
| 407 | pledged for the payment of principal of premium, if any, and |
| 408 | interest on bonds, as authorized in subsections (1)-(6) of |
| 409 | section 4, in which event any such surplus shall be applied in |
| 410 | accordance with the resolution pledging the same. |
| 411 | (19) To do all other acts and things necessary or proper |
| 412 | in the exercise of the powers herein granted. |
| 413 | (20) To do all acts or things necessary or proper to be |
| 414 | and serve as a local governmental body within the meaning of |
| 415 | section 10(c)(2), Article VII of the State Constitution, with |
| 416 | respect to any project as defined therein. |
| 417 | (21) To appoint officers for the administration of |
| 418 | criminal justice as set forth by general law. |
| 419 | Section 4. Issuance of bonds.-- |
| 420 | (1) The authority is authorized to issue general |
| 421 | obligation bonds or revenue bonds of the authority for the |
| 422 | purpose of paying all or a part of the cost of any one or more |
| 423 | projects as herein defined, including the cost of enlargement, |
| 424 | expansion, or development of such project whether the property |
| 425 | used therefor has previously been acquired or not, and the cost |
| 426 | of removing therefrom or relocating or reconstructing at another |
| 427 | location any buildings, structures, or facilities, which in the |
| 428 | opinion of the authority constitute obstructions or hazards to |
| 429 | the safe or efficient operation of any such project and for the |
| 430 | purpose of paying off and retiring any bonds issued or assumed |
| 431 | under the provisions of this act. |
| 432 | (2) The bonds of each issue shall be authorized by |
| 433 | resolution of the authority and shall be dated, shall mature at |
| 434 | such time or times not exceeding 40 years from their date or |
| 435 | dates, as may be determined by the authority, and may be made |
| 436 | redeemable before maturity, at the option of the authority, at |
| 437 | such price or prices and under such terms and conditions as may |
| 438 | be fixed by the authority prior to the issuance of the bonds. |
| 439 | The authority shall determine the form of bonds, including any |
| 440 | interest coupons to be attached thereto, and the manner of |
| 441 | execution of the bonds and shall fix the denomination or |
| 442 | denominations of the bonds and the place or places of payment of |
| 443 | principal and interest, which may be at any bank or trust |
| 444 | company within or without the state. The resolution authorizing |
| 445 | the issuance of the bonds shall contain such provisions relating |
| 446 | to the use of the proceeds from the sale of the bonds and for |
| 447 | the protection and security of holders of the bonds, including |
| 448 | their rights and remedies, and the rights, powers, privileges, |
| 449 | duties, and obligations of the authority with respect to the |
| 450 | same, as shall be determined by the authority. In case any |
| 451 | officer whose signature or facsimile of whose signature shall |
| 452 | appear on any bonds or coupons shall cease to be such officer |
| 453 | before the delivery of such bonds, such signature or such |
| 454 | facsimile shall nevertheless be valid and sufficient for all |
| 455 | purposes to the same extent as if such officer had remained in |
| 456 | office until such delivery. The bonds may be issued in coupon |
| 457 | registered or book entry form, as the authority may determine, |
| 458 | and provisions may be made for the registration of any coupon |
| 459 | bonds as to principal alone and also as to both principal and |
| 460 | interest and for the reconversion into coupon bonds of any bonds |
| 461 | registered as to both principal and interest. |
| 462 | (3) Prior to any public sale of bonds, the authority may, |
| 463 | in addition to any other publication and notice to the financial |
| 464 | community, cause notice to be given by publication in a daily |
| 465 | newspaper published and having a general circulation in the city |
| 466 | that the authority will receive bids for the purchase of the |
| 467 | bonds at the office of the authority in the city. Said notice |
| 468 | may be published once not less than 15 days prior to the date |
| 469 | set for receiving the bids. Said notice may specify the amount |
| 470 | of the bonds offered for sale, state that the bids shall be |
| 471 | sealed bids, and give the schedule of the maturities of the |
| 472 | proposed bonds and such other pertinent information as may be |
| 473 | prescribed in the resolution authorizing the issuance of such |
| 474 | bonds or any resolution subsequent thereto. Bidders may be |
| 475 | invited to name the rate or rates of interest which the bonds |
| 476 | are to bear or the authority may name rates of interest and |
| 477 | invite bids thereon. In addition to publication of notice of the |
| 478 | proposed sale, a copy of such advertisement shall be given to |
| 479 | the Florida Division of Bond Finance and to at least three |
| 480 | recognized bond dealers in the state, in the time established by |
| 481 | applicable law. |
| 482 | (4) Except as otherwise provided in this subsection, bonds |
| 483 | and refunding bonds issued pursuant to this act may be sold at |
| 484 | public sale and shall be awarded to the bidder whose bid |
| 485 | produces the lowest true interest cost to the authority. The |
| 486 | authority shall reserve the right to reject any or all bids. |
| 487 | Notwithstanding the foregoing, bonds and refunding bonds issued |
| 488 | pursuant to this act may be sold at private sale at such price |
| 489 | or prices as the authority shall determine to be in its best |
| 490 | interest. However, any price less than 100 percent of par value |
| 491 | shall be subject to section 215.84, Florida Statutes, as it may |
| 492 | be amended from time to time. In no event shall said bonds be |
| 493 | sold at a net interest cost to the authority in excess of the |
| 494 | legal limit, as established by section 215.84, Florida Statutes, |
| 495 | or according to said section as it may be amended from time to |
| 496 | time. The net interest cost of bonds shall be determined by |
| 497 | taking the aggregate amount of interest at the rate or rates |
| 498 | specified in the bonds, computed from the date of the bonds to |
| 499 | the date of the various stated maturities thereof, and deducting |
| 500 | therefrom the amount of any premium offered in excess of the par |
| 501 | value of the bonds or adding thereto the amount of any discount |
| 502 | offered below the par value of the bonds with interest computed |
| 503 | on a 360-day basis. Pending the preparation of definitive bonds, |
| 504 | interim bonds may be issued to the purchaser or purchasers of |
| 505 | such bonds and may contain such terms and conditions as the |
| 506 | authority may determine. |
| 507 | (5) The authority shall require all bidders for said bonds |
| 508 | to enclose a certified or bank cashier's check, in the amount of |
| 509 | 2 percent of the total par value of the bonds offered for sale, |
| 510 | drawn on an incorporated bank or trust company payable |
| 511 | unconditionally to the order of the authority, as a guarantee of |
| 512 | good faith in the performance of each bid. The checks of the |
| 513 | unsuccessful bidders shall be returned immediately upon the |
| 514 | award of the bonds and the check of the successful bidder shall |
| 515 | be retained by the authority and credited against the full |
| 516 | purchase price of the bonds at the time of delivery or retained |
| 517 | as and for liquidated damages in case of the failure of such |
| 518 | bidder to fulfill the terms of his or her bid. |
| 519 | (6) No general obligation bonds shall be issued by the |
| 520 | authority hereunder unless the issuance of such bonds shall have |
| 521 | been approved by a majority of the votes cast by qualified |
| 522 | voters in an election held for such purpose. Whenever the |
| 523 | authority, by resolution, requests the council of the City of |
| 524 | Jacksonville to hold such an election, said council shall, on |
| 525 | behalf of the authority, hold, conduct, canvass, and announce |
| 526 | the results of such election in accordance with the procedure |
| 527 | prescribed by law for the issuance of county bonds. The expenses |
| 528 | of such election shall be paid by the authority. In no event |
| 529 | shall such general obligation bonds be construed or considered |
| 530 | to be bonds of the City of Jacksonville or any other |
| 531 | municipality but shall be solely bonds of the authority that |
| 532 | issues the bonds. |
| 533 | (7) The authority is authorized to borrow money and to |
| 534 | issue notes for any purpose or purposes for which bonds may be |
| 535 | issued under the provisions of this act and to refund the same |
| 536 | and to issue notes in anticipation of the receipt of the |
| 537 | proceeds 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 |
| 540 | power to provide for the issuance of refunding bonds of the |
| 541 | authority for the purpose of refunding any revenue bonds or |
| 542 | general obligation bonds, or any combination of general |
| 543 | obligation or revenue bonds then outstanding which have been |
| 544 | assumed by the authority or issued for the purpose of financing |
| 545 | the cost of making enlargements, extensions, and improvements to |
| 546 | any project acquired, constructed, or operated under the |
| 547 | provisions of this act. The authority is further authorized to |
| 548 | provide for the issuance of revenue bonds or general obligation |
| 549 | bonds, or any combination thereof, of the authority for the |
| 550 | combined purpose of: |
| 551 | (a) Paying the cost of enlargement, extension, |
| 552 | reconstruction, or improvement of any project or combination of |
| 553 | projects. |
| 554 | (b) Refunding revenue bonds or general obligation bonds, |
| 555 | or any combination thereof, which have been assumed by the |
| 556 | authority under the provisions of this act (or its predecessor |
| 557 | act) which shall then be outstanding and which shall then have |
| 558 | matured or be subject to redemption or can be acquired for |
| 559 | retirement. The issuance of such bonds, the maturities or other |
| 560 | details thereof, the rights or remedies of the holders thereof, |
| 561 | and the rights, powers, privileges, duties, and obligations of |
| 562 | the authority with respect to the same shall be set forth in the |
| 563 | resolution of the authority authorizing the issuance of such |
| 564 | bonds. |
| 565 | Section 5. Budget and finance.--The fiscal year of the |
| 566 | authority shall commence on October 1 of each year and end on |
| 567 | the following September 30. The authority shall prepare and |
| 568 | submit its budget to the council of the City of Jacksonville on |
| 569 | or before July 1 for the ensuing fiscal year. The council, |
| 570 | consistent with the provisions of the Charter of the City of |
| 571 | Jacksonville, may increase or decrease the appropriation |
| 572 | (budget) requested by the authority on a total basis or a line- |
| 573 | by-line basis; however, the appropriation for construction, |
| 574 | reconstruction, enlargement, expansion, improvement, or |
| 575 | development of any project or projects authorized to be |
| 576 | undertaken by the former Jacksonville Port Authority and the |
| 577 | authority shall not be reduced below $800,000 for each year that |
| 578 | the bonds to which the $800,000 is pledged remain outstanding. |
| 579 | Section 6. Rights of bondholders.--All bonds issued by the |
| 580 | City of Jacksonville or the former Jacksonville Port Authority |
| 581 | related to properties transferred to the authority and bonds |
| 582 | issued under authority of chapter 63-1447, Laws of Florida, |
| 583 | remain the liability, responsibility, and obligation of the |
| 584 | issuer and the rights of the holders of existing outstanding |
| 585 | bonds shall be unimpaired. Rights, duties, and obligations of |
| 586 | the authority with respect to the property transferred to it by |
| 587 | the former Jacksonville Port Authority are ratified and remain |
| 588 | unchanged. |
| 589 | Section 7. Rights of employees.--All employment rights and |
| 590 | employee benefits authorized under section 11, chapter 63-1447, |
| 591 | Laws of Florida, as amended, are hereby confirmed, ratified, and |
| 592 | continued, notwithstanding the repeal of said chapter 63-1447, |
| 593 | Laws of Florida, as amended. Effective October 1, 2001, in order |
| 594 | to preserve the rights of employees of the former Jacksonville |
| 595 | Port Authority to continue participation in the Florida |
| 596 | Retirement System pursuant to chapter 121, Florida Statutes, the |
| 597 | authority created by this act (and its predecessor act) shall be |
| 598 | a county agency and employees of the authority shall participate |
| 599 | in the Florida Retirement System, notwithstanding any law to the |
| 600 | contrary. Effective October 1, 2001, those employees of the |
| 601 | Jacksonville Port Authority who were assigned to any activity |
| 602 | related to the operation of the marine facilities shall become |
| 603 | employees of the Jacksonville Port Authority created by this act |
| 604 | (and its predecessor act). Effective October 1, 2001, central |
| 605 | administrative employees shall be employed by either the |
| 606 | authority created by this act (and its predecessor act) or the |
| 607 | Jacksonville Airport Authority, or as otherwise agreed by both |
| 608 | the authority and the Jacksonville Airport Authority. It is |
| 609 | expressly provided that none of those employees of the former |
| 610 | Jacksonville Port Authority who remain with the authority |
| 611 | created by this act (and its predecessor act) shall lose any |
| 612 | rights or benefits of whatsoever kind or nature afforded to them |
| 613 | by any law, ordinance, collective bargaining agreement, or |
| 614 | existing policy or plan, including, but not limited to, pension |
| 615 | benefits by virtue of the change in corporate structure. In |
| 616 | order to effectively implement the foregoing, the authority |
| 617 | shall perform all functions with regard to its own employees |
| 618 | that prior to the operation of the two authorities created by |
| 619 | this act (and its predecessor act) were performed by the former |
| 620 | Jacksonville Port Authority. In order to specifically preserve |
| 621 | the rights of employees of the former Jacksonville Port |
| 622 | Authority to continue participation in the Florida Retirement |
| 623 | System, pursuant to chapter 121, Florida Statutes, the authority |
| 624 | created by this act (and its predecessor act) shall be a county |
| 625 | authority and employees of this authority who are currently |
| 626 | participating in the Florida Retirement System and all employees |
| 627 | of the authority after October 1, 2001, shall participate in the |
| 628 | Florida Retirement System. |
| 629 | Section 8. Cooperation with other units, boards, agencies, |
| 630 | legal entities and persons.--Express authority and power is |
| 631 | hereby given and granted any county, municipality, drainage |
| 632 | district, road and bridge district, school district, or any |
| 633 | other political subdivision, board, commission, or individual |
| 634 | in, or of, the state to make and enter into with the authority, |
| 635 | contracts, leases, conveyances, or other agreements within the |
| 636 | provisions and purposes of this act. The authority is hereby |
| 637 | expressly authorized to make and enter into contracts, leases, |
| 638 | conveyances, and other agreements with any political |
| 639 | subdivision, agency, or instrumentality of the state and any and |
| 640 | all federal agencies, legal entities and persons for the purpose |
| 641 | of carrying out the provisions of this act. |
| 642 | Section 9. Audits; bonds.--The authority shall issue |
| 643 | quarterly and annually financial reports of its operations and |
| 644 | shall also cause annual audits to be made of its operations and |
| 645 | affairs by an independent certified public accountant, in such |
| 646 | detail as may be necessary to show the financial operation and |
| 647 | status of the authority, and the same shall be preserved as |
| 648 | public records of the authority. The authority's records may be |
| 649 | audited at any time by the Council Auditor of the City of |
| 650 | Jacksonville. Members of the authority shall be required to give |
| 651 | a good and sufficient surety bond in the sum of $50,000, payable |
| 652 | to the City of Jacksonville, conditioned upon the faithful |
| 653 | performance of their duties as members of the authority. Such |
| 654 | bonds shall be approved by and filed with the clerk of the |
| 655 | circuit court of Duval County, and the premium or premiums |
| 656 | thereon shall be paid by the authority as a necessary expense of |
| 657 | the authority. The authority shall have power to require its |
| 658 | managing director and such others of its employees as they may |
| 659 | deem necessary to furnish good and sufficient surety bond in |
| 660 | such sum as the authority shall require, conditioned upon the |
| 661 | faithful performance of duties, and to pay the premium or |
| 662 | premiums 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, |
| 665 | reconstruction, repairs, or work of any nature, including the |
| 666 | labor and materials, exceeds $50,000 when purchased by the |
| 667 | authority, any such construction, reconstruction, repairs, or |
| 668 | work exceeding the foregoing amount established for the |
| 669 | authority shall be done only under contract or contracts to be |
| 670 | entered into by the authority with the lowest responsible bidder |
| 671 | upon proper terms and after due public notice has been given |
| 672 | asking for competitive bids as hereinafter provided. The |
| 673 | foregoing requirement for competitive bidding shall not apply to |
| 674 | construction, reconstruction, repairs, or work done by employees |
| 675 | of the authority or by labor supplied under agreement with the |
| 676 | federal or state government. The authority shall keep a current |
| 677 | list of responsible bidders and, whenever the authority shall |
| 678 | award a contract, the bidder shall come from such list. No |
| 679 | contract shall be entered into for construction, improvement, or |
| 680 | repair of any project, or any part thereof, unless the |
| 681 | contractor shall have given an undertaking with a sufficient |
| 682 | surety or sureties, approved by the authority, and in an amount |
| 683 | fixed by the authority, for the faithful performance of the |
| 684 | contract. All such contracts shall provide, among other things, |
| 685 | that the person or corporation entering into such contract with |
| 686 | the authority shall pay for all materials furnished and services |
| 687 | rendered for the performance of the contract and that any person |
| 688 | or corporation furnishing such materials or rendering such |
| 689 | services may maintain an action to recover for the same against |
| 690 | the obligor in the undertaking, as though such person or |
| 691 | corporation were named therein, provided the action is brought |
| 692 | within 1 year after the time the cause of action accrued. |
| 693 | Nothing in this section shall be construed to limit the power of |
| 694 | the authority to construct any project, or any part thereof, or |
| 695 | any addition, betterment, or extension thereto, directly by the |
| 696 | officers, agents, and employees of the authority, or otherwise, |
| 697 | other than by contract. |
| 698 | (2) All supplies, equipment, machinery, and materials |
| 699 | exceeding $25,000 in cost purchased by the authority shall be |
| 700 | purchased by the authority only after due advertisement as |
| 701 | provided hereinafter. When purchasing supplies, equipment, |
| 702 | machinery, and materials pursuant to competitive bid as mandated |
| 703 | herein, the authority shall accept the lowest bid or bids, kind, |
| 704 | quality, and material being equal but the authority shall have |
| 705 | the right to reject any or all bids or select a single item from |
| 706 | any bid. The provision as to bidding shall not apply to the |
| 707 | purchase of patented and manufactured products offered for sale |
| 708 | in a noncompetitive market or solely by a manufacturer's |
| 709 | authorized dealer. |
| 710 | (3) The term "advertisement" or "due public notice" |
| 711 | wherever used in this section means a notice published at least |
| 712 | once a week for 2 consecutive weeks before the award of any |
| 713 | contract, in a daily newspaper published and having a general |
| 714 | circulation in the county, and in such other newspapers or |
| 715 | publications as the authority shall deem advisable. |
| 716 | (4) Subject to the aforesaid provisions, the authority |
| 717 | may, but without intending by this provision to limit any powers |
| 718 | of the authority, enter into and carry out such contract or |
| 719 | establish or comply with such rules and regulations concerning |
| 720 | labor and materials and other related matters in connection with |
| 721 | any project, or portion thereof, as the authority may deem |
| 722 | desirable or as may be requested by the federal or state |
| 723 | government assisting in the financing of its projects, seaport |
| 724 | facilities, and facilities related thereto, or any part thereof, |
| 725 | provided the provisions of this subsection shall not apply to |
| 726 | any case in which the authority has taken over by transfer or |
| 727 | assignment any contract assigned to it or assumed by it in |
| 728 | connection with the transfer of city and county properties |
| 729 | authorized under the provisions of sections 11 and 12, or to any |
| 730 | contract in connection with projects which the authority may |
| 731 | have had transferred to it by any persons or private |
| 732 | corporations, and further provided the provisions of this |
| 733 | section shall not apply to any contract or agreement between the |
| 734 | authority and any engineers, architects, attorneys, or other |
| 735 | professional services or to any contract or agreement relating |
| 736 | to fiscal advisors, fiscal agents, or investment bankers, |
| 737 | relating to the financing of projects herein authorized. |
| 738 | Section 11. Execution of instruments; examination of |
| 739 | claims.--All instruments in writing necessary to be signed by |
| 740 | the authority shall be executed by its chair and secretary. The |
| 741 | authority may, by resolution, designate one or more officers, |
| 742 | members, employees, or agents of the authority to execute |
| 743 | instruments in writing where it is necessary that such |
| 744 | instruments be signed by the authority. No expenditure of funds |
| 745 | of the authority shall be made except by voucher approved by the |
| 746 | authority and signed by its chair and secretary, or by one or |
| 747 | more officers, members, or employees of the authority as the |
| 748 | authority may designate by resolution. The foregoing authority |
| 749 | of the chair may be exercised by the vice chair in the absence |
| 750 | of the chair and the foregoing authority of the secretary may be |
| 751 | exercised by an assistant secretary designated by the authority |
| 752 | in the absence of the secretary. The authority shall provide for |
| 753 | the examination of all payrolls, bills, and other claims and |
| 754 | demands against the authority to determine before the same are |
| 755 | paid that they are duly authorized, in proper form, correctly |
| 756 | computed, legally due and payable, and that the authority has |
| 757 | funds on hand to make payment. |
| 758 | Section 12. Transfer of assets and liabilities.--The |
| 759 | former Jacksonville Port Authority shall take all actions |
| 760 | necessary to convey, assign, transfer, and set over: |
| 761 | (1) All of the right, title, and interests of the former |
| 762 | Jacksonville Port Authority in and to its marine port |
| 763 | facilities, including, without limitation, its real and personal |
| 764 | property and any interests therein, books, records, contracts, |
| 765 | leases, and all other property of any kind or nature related to |
| 766 | the operation of the marine port, by operation of this act (and |
| 767 | its predecessor act), and without further act, to the authority. |
| 768 | (2) All contracts and leases relating to the former |
| 769 | Jacksonville Port Authority's marine port operations, shall, by |
| 770 | operation of this act (and its predecessor act), and without |
| 771 | further act, become contracts and leases of the authority. |
| 772 | (3) All accounts receivable, accounts payable, and cash on |
| 773 | hand relating to the former Jacksonville Port Authority's marine |
| 774 | port operations shall, by operation of this act (and its |
| 775 | predecessor act), and without further act, be transferred or |
| 776 | delivered to the authority. |
| 777 | (4) All operating expenses, including taxes of all kinds |
| 778 | and all revenue and expense accruals of the former Jacksonville |
| 779 | Port Authority's marine operations shall be transferred to the |
| 780 | authority, on the effective date at transfer. |
| 781 | (5) The conveyances specified in this section shall be |
| 782 | effective as of October 1, 2001. |
| 783 | Section 13. Chapter 315, Florida Statutes, relating to |
| 784 | port facilities financing, also applicable.--The provisions of |
| 785 | chapter 315, Florida Statutes, relating to port facilities |
| 786 | financing, shall also be applicable to the authority. |
| 787 | Section 14. Declaration of purposes.--The authority |
| 788 | created by this act and the purposes which it is intended to |
| 789 | serve is hereby found to be for a county and public purpose. The |
| 790 | authority is a political subdivision of the State of Florida, |
| 791 | local governmental body within the meaning of section 10(c)(2), |
| 792 | Article VII of the State Constitution. Nothing in this act is |
| 793 | intended to create an entity which is exempt from ad valorem |
| 794 | taxation except as otherwise set forth by applicable law. |
| 795 | Section 2. The powers of the authority created by this act |
| 796 | shall be construed liberally in favor of the authority. No |
| 797 | listing of powers included in this act is intended to be |
| 798 | exclusive or restrictive and the specific mention of, or failure |
| 799 | to mention, particular powers in this act shall not be construed |
| 800 | as limiting in any way the general powers of the authority as |
| 801 | stated in section 3. It is the intent of this act to grant the |
| 802 | authority full power and right to exercise all authority |
| 803 | necessary for the effective operation and conduct of the |
| 804 | authority. It is further intended that the authority should have |
| 805 | all implied powers necessary or incidental to carrying out the |
| 806 | expressed powers and the expressed purposes for which the |
| 807 | authority is created. The fact that this article specifically |
| 808 | states that the authority possesses a certain power does not |
| 809 | mean that the authority must exercise such power unless this |
| 810 | article specifically so requires. |
| 811 | Section 3. The provisions of this act are severable and it |
| 812 | is the intention to confer the whole or any part of the powers |
| 813 | provided for herein and if any of the provisions of this act |
| 814 | shall be held unconstitutional by any court of competent |
| 815 | jurisdiction, the decision of such court shall not affect or |
| 816 | impair any of the remaining provisions. |
| 817 | Section 4. Effective on the effective date of this act, as |
| 818 | defined below, chapters 2001-319, 2002-349, and 2003-341, Laws |
| 819 | of Florida, are hereby repealed. |
| 820 | Section 5. This act shall take effect upon becoming a law. |