HB 1747

1
A bill to be entitled
2An act relating to the Canaveral Port District, Brevard
3County; amending chapter 2003-335, Laws of Florida;
4increasing the amount for which the Canaveral Port
5Authority may encumber personal properties and facilities
6of the authority; increasing the amount for which
7contracts for construction, improvement, repair, or
8building may be entered into or goods, supplies, or
9materials may be purchased by the district or authority;
10conforming a required electors' signature provision;
11providing an effective date.
12
13Be It Enacted by the Legislature of the State of Florida:
14
15     Section 1.  Section 16 of Article IV, sections 1 and 2 of
16Article XVII, and section 1 of Article XVIII of section 3 of
17chapter 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
20and authority to execute and deliver all contracts, deeds,
21leases, mortgages, promissory notes, franchises, assignments,
22releases, and all other instruments necessary and convenient to
23carry out the powers herein expressly or impliedly conferred,
24all of which shall be executed in the name of the Canaveral Port
25Authority and signed by the Chair and the Secretary thereof and
26its corporate seal affixed thereto; all checks and vouchers for
27the disbursement of funds of the Port Authority shall be
28executed in the manner and form as prescribed by the Port
29Authority.
30     (b)  The Port Authority shall have the power and authority
31by majority vote at any regular meeting to lease the lands,
32personal properties, and facilities for period not to exceed 10
33years; or to encumber personal properties and facilities for not
34more than $1 million $10,000, and for a period not to exceed 5
35years, to secure the note or notes of the Port Authority
36authorized under subsection (a) of said article and section,
37upon such terms and conditions as the Port Authority shall
38determine.
39     (c)  Any lease of the lands, personal properties, or
40facilities of the Port Authority for a period of more than 10
41years, or any encumbrance of the personal properties or
42facilities of the Port Authority for more than $1 million
43$10,000, and for a period of more than 5 years, shall be first
44advertised in a newspaper of general circulation published
45within the Canaveral Port District for 15 days by three
46consecutive weekly publications, stating the terms and the
47amount to be paid and particularly describing the lands,
48personal properties, or facilities to be leased or encumbered,
49except where it is proposed to lease or to encumber such
50properties in favor of a governmental agency, and provided that
51in the event a petition is filed within 30 days after said
52advertisement is published, signed by 10 percent of the
53qualified electors residing within the Canaveral Port District
54and therein requesting that the question of leasing of the lands
55or of encumbering of the said personal properties or facilities
56be decided by an election called for that purpose. It will then
57be the duty of the Port Authority to call an election to be held
58within the territory constituting the Canaveral Port District,
59for the purpose of determining whether or not said lease or said
60encumbrance as described in said advertisement shall be
61executed. Said election shall be held as provided in this act.
62If no such petition be filed, then the lease or the encumbrance
63may be executed by the Port Authority forthwith.
64
ARTICLE XVII.  Contracts; Competition
65     Section 1.  No contract shall be let by the Port Authority
66for any construction, improvement, repair, or building, nor
67shall any goods, supplies, or materials for Canaveral Port
68District purposes or uses be purchased when the amount to be
69paid by the Canaveral Port District or the Port Authority shall
70exceed $50,000 $15,000, unless notice thereof shall be
71advertised at least three times, once each week for 3
72consecutive weeks in a newspaper of general circulation in the
73Canaveral Port District, calling for bids upon the work to be
74done or the goods, supplies, or materials to be purchased by the
75Port Authority, and in each case the bid of the lowest
76responsible bidder shall be accepted, unless the Port Authority
77may, in its discretion, reject all bids. The Port Authority may
78also require the deposit of cash or a certified check, not to
79exceed $1,000 or 15 percent of the bid, as evidence of good
80faith on the part of the bidders, such deposit to be returned
81when the bid is rejected or performance bond deposited or
82contract completed. All other things being equal, preference
83shall be given by the Port Authority in making all purchases and
84the letting of all contracts to residents of the Canaveral Port
85District.
86     Section 2.  In the event it is reasonably expected that the
87cost amount of a contract under section 1 of this article shall
88be greater than $10,000 $5,000 but less than $50,000 $15,000,
89then the Port Manager or his or her designee shall do the
90following:
91     (a)  Obtain at least three telephonic bid offers to perform
92such work or furnish such property from at least three
93independent persons or business entities responsible in the
94subject business endeavor under consideration.
95     (b)  Make a record of the offers.
96     (c)  After obtaining and recording such offers, award the
97contract to the lowest responsible bidder of those solicited as
98provided in this article.
99
ARTICLE XVIII.  Leases and Encumbrances
100     Section 1.  Whether an election shall be required to be
101held to decide whether or not a lease for more than 10 years, or
102an encumbrance for more than $1 million $10,000 for a period of
103more than 5 years of or against the land, personal properties,
104or facilities of the Port Authority, shall be in accordance with
105the provisions of Article IV, Section 16, subsection (c)
106hereinabove; however, no lease shall exceed an initial period of
10750 years or any renewal or renewals thereof, excepting leases
108for the purpose of the construction and development of hotels,
109convention centers, festive market places, and world trade
110centers, which lease shall not exceed an initial period of 99
111years or any renewal or renewals thereof. If an encumbrance
112exceeds $1 million $100,000, a referendum as provided for in
113Article IV, Section 16, subsection (c) shall be required when
114said referendum is requested by a petition bearing the
115signatures of 10 1 percent of the qualified electors.
116     Section 2.  This act shall take effect upon becoming a law.


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