1 | A bill to be entitled |
2 | An act relating to the Florida Inland Navigation District; |
3 | amending s. 374.982, F.S.; including Nassau County within |
4 | the jurisdiction of the district; amending s. 374.983, |
5 | F.S.; increasing the membership of the board of |
6 | commissioners of the district, to conform; providing for |
7 | the appointment of a commissioner from Nassau County; |
8 | providing for the initial and subsequent terms of office; |
9 | amending s. 374.984, F.S.; revising an obsolete reference |
10 | to Dade County; providing for a referendum with respect to |
11 | the authority of the district to levy an ad valorem tax |
12 | within Nassau County; providing effective dates. |
13 |
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14 | Be It Enacted by the Legislature of the State of Florida: |
15 |
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16 | Section 1. Section 374.982, Florida Statutes, is amended |
17 | to read: |
18 | 374.982 District.--An independent special taxing district |
19 | to be known as the "Florida Inland Navigation District" is |
20 | hereby created. The territorial boundaries of the district |
21 | shall be the counties of Nassau, Duval, St. Johns, Flagler, |
22 | Volusia, Brevard, St. Lucie, Martin, Indian River, Palm Beach, |
23 | Broward, and Miami-Dade Dade. For purposes of this chapter, the |
24 | term "district" means the Florida Inland Navigation District and |
25 | the term "board" means the Board of Commissioners of the Florida |
26 | Inland Navigation District. |
27 | Section 2. Subsections (1) and (2) of section 374.983, |
28 | Florida Statutes, are amended to read: |
29 | 374.983 Governing body.-- |
30 | (1) A governing body of the district is hereby created, |
31 | and shall be known as and designated as the "Board of |
32 | Commissioners of the Florida Inland Navigation District," and |
33 | shall be composed of 12 11 members who shall be qualified |
34 | electors residing in said district, no 2 of whom shall reside in |
35 | the same county in the district. The governing body shall have |
36 | all powers of a body corporate, including the power to sue and |
37 | be sued as a corporation, in its name, and in any court having |
38 | jurisdiction; to make contracts; to adopt and use a common seal |
39 | and to alter the same as deemed expedient; to buy, acquire by |
40 | gift, exchange, condemnation, or otherwise, sell, own, lease (as |
41 | lessor or lessee), and convey such real estate and personal |
42 | property as the board may deem proper to carry out the |
43 | provisions of this act; to appoint and employ such engineers, |
44 | attorneys, consultants, and such agents and employees as the |
45 | board may require; to borrow money and issue negotiable |
46 | promissory notes, bonds and/or other evidences of indebtedness |
47 | therefor to enable them to carry out the provisions of this act; |
48 | and generally to do and perform the things necessary to |
49 | accomplish the purposes of this act. |
50 | (2) The present board of commissioners of the district |
51 | shall continue to hold office until their respective terms shall |
52 | expire. Thereafter the members of the board shall continue to be |
53 | appointed by the Governor for a term of 4 years and until their |
54 | successors shall be duly appointed. Specifically, commencing on |
55 | January 10, 1997, the Governor shall appoint the commissioners |
56 | from Broward, Indian River, Martin, St. Johns, and Volusia |
57 | Counties and on January 10, 1999, the Governor shall appoint the |
58 | commissioners from Brevard, Miami-Dade Dade, Duval, Flagler, |
59 | Palm Beach, and St. Lucie Counties. The Governor shall appoint |
60 | the commissioner from Nassau County for an initial term that |
61 | coincides with the period remaining in the current terms of the |
62 | commissioners from Broward, Indian River, Martin, St. Johns, and |
63 | Volusia Counties. Thereafter, the commissioner from Nassau |
64 | County shall be appointed to a 4-year term. Each new appointee |
65 | must be confirmed by the Senate. Whenever a vacancy occurs among |
66 | the commissioners, the person appointed to fill such vacancy |
67 | shall hold office for the unexpired portion of the term of the |
68 | commissioner whose place he or she is selected to fill. Each |
69 | commissioner under this act before he or she assumes office |
70 | shall be required to give a good and sufficient surety bond in |
71 | the sum of $10,000 payable to the Governor and his or her |
72 | successors in office, conditioned upon the faithful performance |
73 | of the duties of his or her office, such bond to be approved by |
74 | and filed with the Chief Financial Officer. Any and all premiums |
75 | upon such surety bonds shall be paid by the board of |
76 | commissioners of such district as a necessary expense of the |
77 | district. |
78 | Section 3. Section 374.984, Florida Statutes, is amended |
79 | to read: |
80 | 374.984 Purpose; powers and duties.--It is the purpose and |
81 | intent of this act that the board perform and do all things |
82 | which shall be requisite and necessary to comply with the |
83 | requirements and conditions imposed upon a "local interest" by |
84 | the Congress of the United States in the several acts |
85 | authorizing and directing the improvement and maintenance of the |
86 | Intracoastal Waterway from St. Mary's River to the southernmost |
87 | boundary of Miami-Dade Dade County. Said acts include but are |
88 | not limited to: the Rivers and Harbors Act approved January 21, |
89 | 1927, as amended by the River and Harbor Act approved July 3, |
90 | 1930; the River and Harbor Act of June 20, 1938; and s. 107 of |
91 | the Federal River and Harbor Act of 1960. Pursuant thereto, the |
92 | powers of the board shall include, but not be limited to: |
93 | (1) Obtaining by gift, donation, purchase, exchange, |
94 | condemnation, or otherwise, and conveying, or causing to be |
95 | conveyed, free of cost to the United States, necessary right-of- |
96 | way property, and in addition thereto, suitable fee simple or |
97 | easement areas (as determined by the board) for the deposit of |
98 | dredged material in connection with the work of improving or |
99 | constructing, or both, the aforementioned waterway and its |
100 | subsequent maintenance, including future improvement of said |
101 | Intracoastal Waterway, with a view to providing a general depth |
102 | of 12 feet, more or less, depending upon specific local |
103 | conditions, referred to the plane of local mean water, and a |
104 | width appropriate to said depth and such improvements as may be |
105 | authorized and adopted by the Congress of the United States, and |
106 | in connection with the subsequent maintenance of said waterway |
107 | so improved. Prior to acquiring any property for the deposit of |
108 | dredged material, the district shall inform the county and, if |
109 | applicable, the municipalities in which the property to be |
110 | acquired is located of the district's intent to acquire such |
111 | property and the district shall further hold a public meeting to |
112 | advise the residents of the area of its intent. Such public |
113 | meeting shall be noticed in a paper of general circulation in |
114 | the county in which the meeting is to be held not less than 15 |
115 | days prior to the meeting, said notice to contain the date, |
116 | time, and place of the meeting and to identify the potential |
117 | acquisition site or sites. |
118 | (2) Obtaining by gift, donation, purchase, exchange, |
119 | condemnation, or otherwise, and furnishing, free of cost, to the |
120 | United States, any property, property right of every |
121 | description, easement, riparian right, interest in property, and |
122 | suitable dredged material management areas outside of said |
123 | right-of-way that may be necessary to the United States for the |
124 | construction, maintenance, or operation of said waterway. |
125 | (3) Contracting for the purchase of any property to be |
126 | acquired or obtained by the board under the provisions of this |
127 | act and paying the purchase price therefor in a lump sum or in |
128 | installments or deferred payments upon such terms as the board |
129 | shall determine, said contract of purchase to provide for the |
130 | payment of interest not to exceed the maximum interest rate |
131 | permitted by law upon deferred payments. Any acquisition of |
132 | property, other than by eminent domain, shall be pursuant to |
133 | rules adopted by the board. |
134 | (4) Exercising and using the right of eminent domain, and |
135 | condemning for the use of the district or to effect the purposes |
136 | of this act, or both, any and all lands, easements, areas for |
137 | deposit of dredged materials, right-of-way, riparian rights, |
138 | and/or property rights of every description required for the |
139 | public purposes and powers of the board. Such condemnation |
140 | proceeding shall be maintained by and in the name of the |
141 | district and the procedures shall be those prescribed and set |
142 | forth in chapters 73 and 74, as amended from time to time, |
143 | prescribing the procedure for condemnation by counties, and the |
144 | same rights and powers shall accrue to said district under such |
145 | procedures defined and set forth as accruing to the counties in |
146 | chapters 73 and 74, as well as pursuant to any other general law |
147 | pertaining thereto, and the district and the board are hereby |
148 | vested with power and authority to pay such judgment or |
149 | compensation awarded in any such proceedings out of any fund |
150 | available for the purchase of right-of-way, areas for deposit of |
151 | dredged material, or other property under the provisions of this |
152 | act. |
153 | (5) Assuming and/or relieving the United States from the |
154 | cost, expense, and/or obligation of constructing, |
155 | reconstructing, maintaining, and/or operating any bridge over |
156 | said Intracoastal Waterway, whenever, in the judgment of the |
157 | board of commissioners, such action is necessary or proper upon |
158 | its part to fully comply with the requirements and conditions |
159 | imposed upon "local interests" by the Congress of the United |
160 | States in the several acts authorizing and directing the |
161 | improvement, navigability, and maintenance of the Intracoastal |
162 | Waterway from St. Mary's River to the southernmost boundary of |
163 | Miami-Dade Dade County; the expense therefor to be paid as a |
164 | necessary expense of the district. The board is authorized and |
165 | empowered to contract with the board of county commissioners of |
166 | each or any county in the district to the end that, for a |
167 | consideration from the district, said board of county |
168 | commissioners, or county, shall assume the responsibility for |
169 | any or all of the following activities: the construction, |
170 | reconstruction, maintenance, or operation of any such bridge. |
171 | Any of said board of county commissioners or county is hereby |
172 | authorized and empowered to enter into such a contract with the |
173 | board of the district, and such contract shall be binding and |
174 | obligatory upon said county or counties and the district. |
175 | (6)(a) Contracting directly for, or entering into |
176 | agreement from time to time with the district engineer of the |
177 | Jacksonville, Florida, United States Army Corps of Engineers |
178 | district, or other agency or party, to contribute toward the |
179 | cost of dredging performed on the waterway, to construct |
180 | retaining bulkheads, dikes, and levees, to construct ditches for |
181 | the control of water discharged by the dredges, and to do all |
182 | other work and/or things which, in the judgment of the board, |
183 | shall be proper and necessary to produce economies in meeting |
184 | the conditions with respect to right-of-way and dredged material |
185 | management areas imposed upon a "local interest" by the Congress |
186 | of the United States in the several acts authorizing and |
187 | directing the improvement, navigability, and maintenance of the |
188 | Intracoastal Waterway from St. Mary's River to the southernmost |
189 | boundary of Miami-Dade Dade County. |
190 | (b) In order to effectuate the purpose and intent of any |
191 | law or laws that may heretofore have been, or may hereafter be, |
192 | enacted by the Congress of the United States, authorizing and |
193 | directing the Secretary of the Army to make preliminary |
194 | examinations and surveys of the Intracoastal Waterway from St. |
195 | Mary's River to the southernmost boundary of Miami-Dade Dade |
196 | County, the board is authorized and empowered to collect, |
197 | compile, and furnish to the Secretary of the Army, or his or her |
198 | officers and agents, data, statistics, and other appropriate |
199 | information bearing on the advantages, benefits, and increased |
200 | usefulness that may be expected to accrue to the public and to |
201 | the counties traversed by the Intracoastal Waterway from St. |
202 | Mary's River to the southernmost boundary of Miami-Dade Dade |
203 | County, by reason of any improvement thereof, that may |
204 | subsequently be authorized by the Congress of the United States. |
205 | (c) The board of county commissioners of Monroe County is |
206 | hereby authorized and empowered to authorize the district to act |
207 | as the board of county commissioners' agent in all matters |
208 | pertaining to the extension of the inland waterway into Monroe |
209 | County. The board of county commissioners of Monroe County is |
210 | hereby authorized to levy an ad valorem tax not to exceed 1 mill |
211 | for the purpose of defraying the expenses incurred by any action |
212 | taken under this subsection. Moneys received as a result of this |
213 | levy shall be paid into an inland waterway fund, the |
214 | establishment of which is herewith authorized. The district is |
215 | herewith authorized and empowered to act as the agent of Monroe |
216 | County for extending the inland waterway into Monroe County, to |
217 | make charges therefor, and to receive payment thereof. |
218 | (d) The board is hereby authorized and empowered to expend |
219 | funds of the district for publicizing the Intracoastal Waterway |
220 | from St. Mary's River to the southernmost boundary of Miami-Dade |
221 | Dade County, and its availability to watercraft, and to print |
222 | and distribute information as to the route, channel, available |
223 | depth, and utility of said Intracoastal Waterway and such other |
224 | information and data as may, in the opinion of the board, be |
225 | desirable, useful, or attractive to give full information |
226 | regarding said waterway and/or to promote its use in navigation |
227 | by watercraft of all kinds. |
228 | (e) In order to defray the necessary expenses of the |
229 | district and/or provide funds for expenditures incident to |
230 | obtaining right-of-way or other property or easements and/or to |
231 | pay the purchase price of said property and/or to defray other |
232 | necessary expenses of the district or its board, the board is |
233 | hereby authorized to borrow moneys from time to time for said |
234 | purpose or purposes in an amount or amounts such that not in |
235 | excess of $100,000 indebtedness will be outstanding at any one |
236 | time. |
237 | (f) All land owned, now or hereafter, by the district |
238 | shall be, and the same is, hereby exempted from taxation of all |
239 | kinds. |
240 | (g) When the district desires to dispose of surplus land, |
241 | it shall declare such land surplus by resolution of the board. |
242 | Copies of said resolution shall be furnished to the Secretary of |
243 | Environmental Protection, the chair of the county commissioners |
244 | of the county in which the land is located, and, in the event |
245 | the land is within a municipality, the mayor of said |
246 | municipality. If any state agency, county, or municipality |
247 | desires to utilize said land for outdoor recreation or |
248 | conservation purposes and the Secretary of Environmental |
249 | Protection finds that the land is required by the state, county, |
250 | or city for its recreation or conservation program, it shall |
251 | notify the district in writing within 60 days after receiving a |
252 | copy of the resolution. Priority shall be in the state, county, |
253 | and municipality in that order. The land may then be conveyed |
254 | with or without consideration to the state agency, county, or |
255 | municipality by the district; provided, however, that said land |
256 | be used for outdoor recreation or conservation purpose in |
257 | perpetuity by the appropriate county, municipal, or state |
258 | agency. If the district does not receive notice as specified |
259 | above, it may sell the land at public auction. |
260 | (h) The district is designated the local interest sponsor |
261 | for the sole purpose of maintaining navigability of that portion |
262 | of the Okeechobee Waterway located in Martin County and |
263 | extending from the Intracoastal Waterway to the St. Lucie lock. |
264 | Section 4. This act shall take effect only upon approval |
265 | of the levy of ad valorem taxation provided in section 374.986, |
266 | Florida Statutes, by a majority vote of the qualified electors |
267 | of Nassau County voting in a referendum to be held in |
268 | conjunction with any subsequent regular primary or general |
269 | election, as determined by the Board of County Commissioners of |
270 | Nassau County, except that this section and section 3 of this |
271 | act shall take effect upon becoming a law. |