Bill Text: HB 0347

HB 0347

2004

A bill to be entitled

An act relating to the Florida Inland Navigation District;

amending s. 374.982, F.S.; including Nassau County within

the jurisdiction of the district; amending s. 374.983,

F.S.; increasing the membership of the board of

commissioners of the district, to conform; providing for

the appointment of a commissioner from Nassau County;

providing for the initial and subsequent terms of office;

amending s. 374.984, F.S.; revising an obsolete reference

to Dade County; providing for a referendum with respect to

the authority of the district to levy an ad valorem tax

within Nassau County; providing effective dates.

Be It Enacted by the Legislature of the State of Florida:

Section 1. Section 374.982, Florida Statutes, is amended

to read:

374.982 District.--An independent special taxing district

to be known as the "Florida Inland Navigation District" is

hereby created. The territorial boundaries of the district

shall be the counties of Nassau,Duval, St. Johns, Flagler,

Volusia, Brevard, St. Lucie, Martin, Indian River, Palm Beach,

Broward, and Miami-Dade ~~Dade~~. For purposes of this chapter, the

term "district" means the Florida Inland Navigation District and

the term "board" means the Board of Commissioners of the Florida

Inland Navigation District.

Section 2. Subsections (1) and (2) of section 374.983,

Florida Statutes, are amended to read:

374.983 Governing body.--

(1) A governing body of the district is hereby created,

and shall be known as and designated as the "Board of

Commissioners of the Florida Inland Navigation District," and

shall be composed of 12 11members who shall be qualified

electors residing in said district, no 2 of whom shall reside in

the same county in the district. The governing body shall have

all powers of a body corporate, including the power to sue and

be sued as a corporation, in its name, and in any court having

jurisdiction; to make contracts; to adopt and use a common seal

and to alter the same as deemed expedient; to buy, acquire by

gift, exchange, condemnation, or otherwise, sell, own, lease (as

lessor or lessee), and convey such real estate and personal

property as the board may deem proper to carry out the

provisions of this act; to appoint and employ such engineers,

attorneys, consultants, and such agents and employees as the

board may require; to borrow money and issue negotiable

promissory notes, bonds and/or other evidences of indebtedness

therefor to enable them to carry out the provisions of this act;

and generally to do and perform the things necessary to

accomplish the purposes of this act.

(2) The present board of commissioners of the district

shall continue to hold office until their respective terms shall

expire. Thereafter the members of the board shall continue to be

appointed by the Governor for a term of 4 years and until their

successors shall be duly appointed. Specifically, commencing on

January 10, 1997, the Governor shall appoint the commissioners

from Broward, Indian River, Martin, St. Johns, and Volusia

Counties and on January 10, 1999, the Governor shall appoint the

commissioners from Brevard, Miami-Dade ~~Dade~~, Duval, Flagler,

Palm Beach, and St. Lucie Counties. The Governor shall appoint

the commissioner from Nassau County for an initial term that

coincides with the period remaining in the current terms of the

commissioners from Broward, Indian River, Martin, St. Johns, and

Volusia Counties. Thereafter, the commissioner from Nassau

County shall be appointed to a 4-year term.Each new appointee

must be confirmed by the Senate. Whenever a vacancy occurs among

the commissioners, the person appointed to fill such vacancy

shall hold office for the unexpired portion of the term of the

commissioner whose place he or she is selected to fill. Each

commissioner under this act before he or she assumes office

shall be required to give a good and sufficient surety bond in

the sum of $10,000 payable to the Governor and his or her

successors in office, conditioned upon the faithful performance

of the duties of his or her office, such bond to be approved by

and filed with the Chief Financial Officer. Any and all premiums

upon such surety bonds shall be paid by the board of

commissioners of such district as a necessary expense of the

district.

Section 3. Section 374.984, Florida Statutes, is amended

to read:

374.984 Purpose; powers and duties.--It is the purpose and

intent of this act that the board perform and do all things

which shall be requisite and necessary to comply with the

requirements and conditions imposed upon a "local interest" by

the Congress of the United States in the several acts

authorizing and directing the improvement and maintenance of the

Intracoastal Waterway from St. Mary's River to the southernmost

boundary of Miami-Dade ~~Dade~~County. Said acts include but are

not limited to: the Rivers and Harbors Act approved January 21,

1927, as amended by the River and Harbor Act approved July 3,

1930; the River and Harbor Act of June 20, 1938; and s. 107 of

the Federal River and Harbor Act of 1960. Pursuant thereto, the

powers of the board shall include, but not be limited to:

(1) Obtaining by gift, donation, purchase, exchange,

condemnation, or otherwise, and conveying, or causing to be

conveyed, free of cost to the United States, necessary right-of-

way property, and in addition thereto, suitable fee simple or

easement areas (as determined by the board) for the deposit of

dredged material in connection with the work of improving or

constructing, or both, the aforementioned waterway and its

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subsequent maintenance, including future improvement of said

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Intracoastal Waterway, with a view to providing a general depth

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of 12 feet, more or less, depending upon specific local

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conditions, referred to the plane of local mean water, and a

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width appropriate to said depth and such improvements as may be

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authorized and adopted by the Congress of the United States, and

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in connection with the subsequent maintenance of said waterway

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so improved. Prior to acquiring any property for the deposit of

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dredged material, the district shall inform the county and, if

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applicable, the municipalities in which the property to be

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acquired is located of the district's intent to acquire such

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property and the district shall further hold a public meeting to

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advise the residents of the area of its intent. Such public

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meeting shall be noticed in a paper of general circulation in

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the county in which the meeting is to be held not less than 15

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days prior to the meeting, said notice to contain the date,

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time, and place of the meeting and to identify the potential

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acquisition site or sites.

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(2) Obtaining by gift, donation, purchase, exchange,

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condemnation, or otherwise, and furnishing, free of cost, to the

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United States, any property, property right of every

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description, easement, riparian right, interest in property, and

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suitable dredged material management areas outside of said

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right-of-way that may be necessary to the United States for the

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construction, maintenance, or operation of said waterway.

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(3) Contracting for the purchase of any property to be

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acquired or obtained by the board under the provisions of this

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act and paying the purchase price therefor in a lump sum or in

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installments or deferred payments upon such terms as the board

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shall determine, said contract of purchase to provide for the

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payment of interest not to exceed the maximum interest rate

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permitted by law upon deferred payments. Any acquisition of

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property, other than by eminent domain, shall be pursuant to

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rules adopted by the board.

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(4) Exercising and using the right of eminent domain, and

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condemning for the use of the district or to effect the purposes

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of this act, or both, any and all lands, easements, areas for

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deposit of dredged materials, right-of-way, riparian rights,

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and/or property rights of every description required for the

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public purposes and powers of the board. Such condemnation

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proceeding shall be maintained by and in the name of the

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district and the procedures shall be those prescribed and set

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forth in chapters 73 and 74, as amended from time to time,

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prescribing the procedure for condemnation by counties, and the

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same rights and powers shall accrue to said district under such

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procedures defined and set forth as accruing to the counties in

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chapters 73 and 74, as well as pursuant to any other general law

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pertaining thereto, and the district and the board are hereby

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vested with power and authority to pay such judgment or

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compensation awarded in any such proceedings out of any fund

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available for the purchase of right-of-way, areas for deposit of

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dredged material, or other property under the provisions of this

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act.

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(5) Assuming and/or relieving the United States from the

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cost, expense, and/or obligation of constructing,

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reconstructing, maintaining, and/or operating any bridge over

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said Intracoastal Waterway, whenever, in the judgment of the

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board of commissioners, such action is necessary or proper upon

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its part to fully comply with the requirements and conditions

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imposed upon "local interests" by the Congress of the United

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States in the several acts authorizing and directing the

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improvement, navigability, and maintenance of the Intracoastal

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Waterway from St. Mary's River to the southernmost boundary of

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Miami-Dade ~~Dade~~County; the expense therefor to be paid as a

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necessary expense of the district. The board is authorized and

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empowered to contract with the board of county commissioners of

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each or any county in the district to the end that, for a

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consideration from the district, said board of county

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commissioners, or county, shall assume the responsibility for

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any or all of the following activities: the construction,

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reconstruction, maintenance, or operation of any such bridge.

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Any of said board of county commissioners or county is hereby

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authorized and empowered to enter into such a contract with the

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board of the district, and such contract shall be binding and

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obligatory upon said county or counties and the district.

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(6)(a) Contracting directly for, or entering into

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agreement from time to time with the district engineer of the

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Jacksonville, Florida, United States Army Corps of Engineers

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district, or other agency or party, to contribute toward the

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cost of dredging performed on the waterway, to construct

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retaining bulkheads, dikes, and levees, to construct ditches for

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the control of water discharged by the dredges, and to do all

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other work and/or things which, in the judgment of the board,

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shall be proper and necessary to produce economies in meeting

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the conditions with respect to right-of-way and dredged material

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management areas imposed upon a "local interest" by the Congress

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of the United States in the several acts authorizing and

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directing the improvement, navigability, and maintenance of the

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Intracoastal Waterway from St. Mary's River to the southernmost

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boundary of Miami-Dade ~~Dade~~County.

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(b) In order to effectuate the purpose and intent of any

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law or laws that may heretofore have been, or may hereafter be,

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enacted by the Congress of the United States, authorizing and

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directing the Secretary of the Army to make preliminary

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examinations and surveys of the Intracoastal Waterway from St.

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Mary's River to the southernmost boundary of Miami-Dade ~~Dade~~

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County, the board is authorized and empowered to collect,

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compile, and furnish to the Secretary of the Army, or his or her

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officers and agents, data, statistics, and other appropriate

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information bearing on the advantages, benefits, and increased

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usefulness that may be expected to accrue to the public and to

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the counties traversed by the Intracoastal Waterway from St.

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Mary's River to the southernmost boundary of Miami-Dade ~~Dade~~

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County, by reason of any improvement thereof, that may

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subsequently be authorized by the Congress of the United States.

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hereby authorized and empowered to authorize the district to act

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as the board of county commissioners' agent in all matters

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pertaining to the extension of the inland waterway into Monroe

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County. The board of county commissioners of Monroe County is

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hereby authorized to levy an ad valorem tax not to exceed 1 mill

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for the purpose of defraying the expenses incurred by any action

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taken under this subsection. Moneys received as a result of this

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levy shall be paid into an inland waterway fund, the

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establishment of which is herewith authorized. The district is

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herewith authorized and empowered to act as the agent of Monroe

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County for extending the inland waterway into Monroe County, to

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make charges therefor, and to receive payment thereof.

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(d) The board is hereby authorized and empowered to expend

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funds of the district for publicizing the Intracoastal Waterway

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from St. Mary's River to the southernmost boundary of Miami-Dade

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~~Dade~~County, and its availability to watercraft, and to print

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and distribute information as to the route, channel, available

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depth, and utility of said Intracoastal Waterway and such other

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information and data as may, in the opinion of the board, be

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desirable, useful, or attractive to give full information

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regarding said waterway and/or to promote its use in navigation

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by watercraft of all kinds.

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(e) In order to defray the necessary expenses of the

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district and/or provide funds for expenditures incident to

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obtaining right-of-way or other property or easements and/or to

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pay the purchase price of said property and/or to defray other

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necessary expenses of the district or its board, the board is

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hereby authorized to borrow moneys from time to time for said

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purpose or purposes in an amount or amounts such that not in

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excess of $100,000 indebtedness will be outstanding at any one

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time.

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(f) All land owned, now or hereafter, by the district

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shall be, and the same is, hereby exempted from taxation of all

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kinds.

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(g) When the district desires to dispose of surplus land,

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it shall declare such land surplus by resolution of the board.

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Copies of said resolution shall be furnished to the Secretary of

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Environmental Protection, the chair of the county commissioners

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of the county in which the land is located, and, in the event

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the land is within a municipality, the mayor of said

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municipality. If any state agency, county, or municipality

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desires to utilize said land for outdoor recreation or

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conservation purposes and the Secretary of Environmental

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Protection finds that the land is required by the state, county,

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or city for its recreation or conservation program, it shall

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notify the district in writing within 60 days after receiving a

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copy of the resolution. Priority shall be in the state, county,

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and municipality in that order. The land may then be conveyed

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with or without consideration to the state agency, county, or

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municipality by the district; provided, however, that said land

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be used for outdoor recreation or conservation purpose in

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perpetuity by the appropriate county, municipal, or state

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agency. If the district does not receive notice as specified

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above, it may sell the land at public auction.

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(h) The district is designated the local interest sponsor

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for the sole purpose of maintaining navigability of that portion

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of the Okeechobee Waterway located in Martin County and

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extending from the Intracoastal Waterway to the St. Lucie lock.

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Section 4. This act shall take effect only upon approval

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of the levy of ad valorem taxation provided in section 374.986,

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Florida Statutes, by a majority vote of the qualified electors

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of Nassau County voting in a referendum to be held in

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conjunction with any subsequent regular primary or general

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election, as determined by the Board of County Commissioners of

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Nassau County, except that this section and section 3 of this

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act shall take effect upon becoming a law.