| 1 | A bill to be entitled |
| 2 | An act relating to the Canaveral Port District, Brevard |
| 3 | County; amending chapter 2003-335, Laws of Florida; |
| 4 | increasing the amount for which the Canaveral Port |
| 5 | Authority may encumber personal properties and facilities |
| 6 | of the authority; increasing the amount for which |
| 7 | contracts for construction, improvement, repair, or |
| 8 | building may be entered into or goods, supplies, or |
| 9 | materials may be purchased by the district or authority; |
| 10 | providing an effective date. |
| 11 |
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| 12 | Be It Enacted by the Legislature of the State of Florida: |
| 13 |
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| 14 | Section 1. Section 16 of Article IV, sections 1 and 2 of |
| 15 | Article XVII, and section 1 of Article XVIII of section 3 of |
| 16 | chapter 2003-335, Laws of Florida, are amended to read: |
| 17 | ARTICLE IV. General Grant of Powers |
| 18 | Section 16. (a) The Port Authority shall have the power |
| 19 | and authority to execute and deliver all contracts, deeds, |
| 20 | leases, mortgages, promissory notes, franchises, assignments, |
| 21 | releases, and all other instruments necessary and convenient to |
| 22 | carry out the powers herein expressly or impliedly conferred, |
| 23 | all of which shall be executed in the name of the Canaveral Port |
| 24 | Authority and signed by the Chair and the Secretary thereof and |
| 25 | its corporate seal affixed thereto; all checks and vouchers for |
| 26 | the disbursement of funds of the Port Authority shall be |
| 27 | executed in the manner and form as prescribed by the Port |
| 28 | Authority. |
| 29 | (b) The Port Authority shall have the power and authority |
| 30 | by majority vote at any regular meeting to lease the lands, |
| 31 | personal properties, and facilities for period not to exceed 10 |
| 32 | years; or to encumber personal properties and facilities for not |
| 33 | more than $1 million $10,000, and for a period not to exceed 5 |
| 34 | years, to secure the note or notes of the Port Authority |
| 35 | authorized under subsection (a) of said article and section, |
| 36 | upon such terms and conditions as the Port Authority shall |
| 37 | determine. |
| 38 | (c) Any lease of the lands, personal properties, or |
| 39 | facilities of the Port Authority for a period of more than 10 |
| 40 | years, or any encumbrance of the personal properties or |
| 41 | facilities of the Port Authority for more than $1 million |
| 42 | $10,000, and for a period of more than 5 years, shall be first |
| 43 | advertised in a newspaper of general circulation published |
| 44 | within the Canaveral Port District for 15 days by three |
| 45 | consecutive weekly publications, stating the terms and the |
| 46 | amount to be paid and particularly describing the lands, |
| 47 | personal properties, or facilities to be leased or encumbered, |
| 48 | except where it is proposed to lease or to encumber such |
| 49 | properties in favor of a governmental agency, and provided that |
| 50 | in the event a petition is filed within 30 days after said |
| 51 | advertisement is published, signed by 10 percent of the |
| 52 | qualified electors residing within the Canaveral Port District |
| 53 | and therein requesting that the question of leasing of the lands |
| 54 | or of encumbering of the said personal properties or facilities |
| 55 | be decided by an election called for that purpose. It will then |
| 56 | be the duty of the Port Authority to call an election to be held |
| 57 | within the territory constituting the Canaveral Port District, |
| 58 | for the purpose of determining whether or not said lease or said |
| 59 | encumbrance as described in said advertisement shall be |
| 60 | executed. Said election shall be held as provided in this act. |
| 61 | If no such petition be filed, then the lease or the encumbrance |
| 62 | may be executed by the Port Authority forthwith. |
| 63 | ARTICLE XVII. Contracts; Competition |
| 64 | Section 1. No contract shall be let by the Port Authority |
| 65 | for any construction, improvement, repair, or building, nor |
| 66 | shall any goods, supplies, or materials for Canaveral Port |
| 67 | District purposes or uses be purchased when the amount to be |
| 68 | paid by the Canaveral Port District or the Port Authority shall |
| 69 | exceed $50,000 $15,000, unless notice thereof shall be |
| 70 | advertised at least three times, once each week for 3 |
| 71 | consecutive weeks in a newspaper of general circulation in the |
| 72 | Canaveral Port District, calling for bids upon the work to be |
| 73 | done or the goods, supplies, or materials to be purchased by the |
| 74 | Port Authority, and in each case the bid of the lowest |
| 75 | responsible bidder shall be accepted, unless the Port Authority |
| 76 | may, in its discretion, reject all bids. The Port Authority may |
| 77 | also require the deposit of cash or a certified check, not to |
| 78 | exceed $1,000 or 15 percent of the bid, as evidence of good |
| 79 | faith on the part of the bidders, such deposit to be returned |
| 80 | when the bid is rejected or performance bond deposited or |
| 81 | contract completed. All other things being equal, preference |
| 82 | shall be given by the Port Authority in making all purchases and |
| 83 | the letting of all contracts to residents of the Canaveral Port |
| 84 | District. |
| 85 | Section 2. In the event it is reasonably expected that the |
| 86 | cost amount of a contract under section 1 of this article shall |
| 87 | be greater than $10,000 $5,000 but less than $50,000 $15,000, |
| 88 | then the Port Manager or his or her designee shall do the |
| 89 | following: |
| 90 | (a) Obtain at least three telephonic bid offers to perform |
| 91 | such work or furnish such property from at least three |
| 92 | independent persons or business entities responsible in the |
| 93 | subject business endeavor under consideration. |
| 94 | (b) Make a record of the offers. |
| 95 | (c) After obtaining and recording such offers, award the |
| 96 | contract to the lowest responsible bidder of those solicited as |
| 97 | provided in this article. |
| 98 | ARTICLE XVIII. Leases and Encumbrances |
| 99 | Section 1. Whether an election shall be required to be |
| 100 | held to decide whether or not a lease for more than 10 years, or |
| 101 | an encumbrance for more than $1 million $10,000 for a period of |
| 102 | more than 5 years of or against the land, personal properties, |
| 103 | or facilities of the Port Authority, shall be in accordance with |
| 104 | the provisions of Article IV, Section 16, subsection (c) |
| 105 | hereinabove; however, no lease shall exceed an initial period of |
| 106 | 50 years or any renewal or renewals thereof, excepting leases |
| 107 | for the purpose of the construction and development of hotels, |
| 108 | convention centers, festive market places, and world trade |
| 109 | centers, which lease shall not exceed an initial period of 99 |
| 110 | years or any renewal or renewals thereof. If an encumbrance |
| 111 | exceeds $1 million $100,000, a referendum as provided for in |
| 112 | Article IV, Section 16, subsection (c) shall be required when |
| 113 | said referendum is requested by a petition bearing the |
| 114 | signatures of 1 percent of the qualified electors. |
| 115 | Section 2. This act shall take effect upon becoming a law. |