| 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 $5,000but 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 $10,000for 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 1percent of the qualified electors. | 
| 116 | Section 2.  This act shall take effect upon becoming a law. |