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