HB 1329

1	A bill to be entitled
2	An act relating to the Tampa Port Authority, Hillsborough
3	County; amending chapter 95-488, Laws of Florida;
4	providing definitions; revising provisions relating to
5	membership of and appointment to the port authority;
6	revising provisions relating to appointment of the port
7	director and employment of other persons; providing an
8	effective date.
9
10	Be It Enacted by the Legislature of the State of Florida:
11
12	Section 1.  Sections 3 and 4 of chapter 95-488, Laws of
13	Florida, are amended to read:
14	Section 3.  DEFINITIONS.--As used in this act, the term:
15	(a)  "Board of county commissioners" means the Board of
16	County Commissioners of Hillsborough County.
17	(b)(1)  "Cost," as applied to improvements, means the cost
18	of acquiring or constructing improvements and includes the cost
19	of all labor and materials and of all machinery and equipment,
20	the cost of engineering, legal expenses, plans, specifications,
21	financing charges, and such other expenses as may be necessary
22	or incident to such acquisition or construction.
23	(2)  "Cost," as applied to a project acquired, constructed,
24	extended, or enlarged, includes the purchase price of any
25	project acquired; the cost of such construction, extension, or
26	enlargement; the cost of improvements; the cost of all lands,
27	properties, rights, easements, and franchises acquired; the cost
28	of all machinery and equipment; the cost of engineering and
29	legal services and of all investigations and audits; financing
30	charges; interest prior to and during construction and for 1
31	year after completion of construction; all other expenses
32	necessary or incident to determining the practicability or
33	feasibility of such acquisition or construction; administrative
34	expenses; and such other expenses as may be necessary or
35	incident to the financing herein authorized and to the
36	construction or acquisition of a project and the placing of same
37	in operation. Any obligation or expense incurred by the port
38	authority, prior to the issuance of revenue bonds under the
39	provisions of this act, for engineering studies and for
40	estimates of cost and of revenues, and for other technical,
41	financial, or legal services in connection with the acquisition
42	or construction of any project, may be regarded as part of the
43	cost of such project and are reimbursable to the port authority
44	out of the proceeds of revenue bonds issued under this act.
45	(c)  "County" means Hillsborough County.
46	(d)  "General obligation bonds" means bonds that are
47	secured by, or provide for their payment by, the pledge, in
48	addition to those special taxes levied for their discharge and
49	such other sources as may be provided for their payment or
50	pledged as security under the ordinance or resolution
51	authorizing their issuance, of the full faith and credit and
52	taxing power of the port district or county and for payment of
53	which recourse may be had against the general fund of the port
54	district or county.
55	(e)  "Improvements" means such replacements, repairs,
56	extensions, additions, enlargements, or betterments of and to a
57	project as are deemed necessary to place such project in proper
58	condition for the safe, efficient, and economic operation
59	thereof, when such project is undertaken by or owned,
60	controlled, or operated by the port authority.
61	(f)  "Members" means the governing body of the port
62	authority, and "member" means one of the individuals
63	constituting such governing body.
64	(g)  "Nominating committee" means the Port of Tampa
65	Maritime Industries Association, Inc. (Department of State,
66	Division of Corporations Document Number N03000005439), and the
67	Propeller Club of the United States Port of Tampa, Inc.
68	(Department of State, Division of Corporations Document number
69	N03973), so long as each maintains an active status with the
70	Department of State, Division of Corporations, or any successor
71	agency and who may make nominations to fill Port Authority Seats
72	4 and 5 as provided by this act.
73	(h)(f)  "Port authority" means the Tampa Port Authority.
74	(i)(g)  "Port district" means the Hillsborough County Port
75	District.
76	(j)(h)  "Project" means any one or any combination of two
77	or more of the following, when undertaken by or owned,
78	controlled, or operated by the port authority: channels;
79	anchorage areas; jetties; breakwaters; harbors; canals; locks;
80	waterways; tidal and turning basins; wharves; docks; piers;
81	quays; slips; bulkheads; public landings; terminal storage and
82	sheddage facilities; warehouses; refrigeration, cold-storage and
83	quick-freezing plants; stockyards; elevators; shipyards; marine
84	railways; drydocks; oil tanks; pipe lines; terminal railway
85	facilities, including rolling stock, belt-line railroad ferries,
86	and car ferries; police boats; bridges; causeways; tunnels;
87	facilities for the loading and handling of passengers, mail,
88	express, freight, and other cargo; and any and all other
89	facilities, including all property, rights, easements, and
90	franchises relating to any such project or projects which by
91	resolution the port authority may deem necessary and convenient.
92	(k)(i)  "Revenue bonds" means obligations of the port
93	authority which are payable from revenues derived from sources
94	other than ad valorem taxes on real or tangible personal
95	property and which do not pledge the property, credit, or
96	general tax revenue of the port authority.
97	Section 4.  TAMPA PORT AUTHORITY.--There is created the
98	Tampa Port Authority, which shall be the governing body and port
99	authority of the Hillsborough County Port District. The port
100	authority constitutes a body politic and a body corporate; it
101	shall have perpetual existence; its operation shall be deemed a
102	proper governmental function; it shall adopt and use an official
103	seal and may alter the same; it may contract and be contracted
104	with; in its corporate name it may sue in any of the courts in
105	the various states and the courts of the United States; and it
106	may be sued in the courts of the State of Florida and in the
107	courts of the United States for the Middle District of the State
108	of Florida, except as may be limited by the provisions of
109	section 768.28, Florida Statutes, or any succeeding enactment.
110	(a)  The port authority shall consist of seven member seats
111	to be appointed as follows:
112	(1)  Members occupying Seats 1 through 5 five members,
113	three of whom shall be appointed by the Governor subject to
114	Senate confirmation. The numerical assignment of Seats 1, 2, and
115	3 shall be designated by the port authority, and members shall
116	be appointed to these seats through the standard application
117	process established by the Office of the Governor. Members
118	occupying Seats 4 and 5 shall be appointed from a list of
119	persons who have backgrounds in the maritime business,
120	notwithstanding any provision of general law to the contrary,
121	nominated for that purpose by a nominating committee and as
122	otherwise provided by this act.
123	(2)  Seat 6; one of whom shall be occupied by a member of
124	the board of county commissioners, appointed by that board, ex
125	officio.
126	(3)  Seat 7; and one of whom shall be occupied by the Mayor
127	of the City of Tampa, ex officio.
128
129	Each appointed member of the port authority must be a qualified
130	elector of the county. If no nominations for Seat 4 or Seat 5
131	are received by the Office of the Governor from the nominating
132	committee as prescribed by this act, the Governor shall make any
133	such appointment through the standard application process while
134	ensuring that each such seat is occupied by a member who is or
135	has been primarily engaged in the maritime business in
136	accordance with the provisions of this act.
137	(b)  At least 30 days prior to the expiration of the term
138	of the any member occupying Seat 1, Seat 2, or Seat 3 of the
139	port authority appointed by the Governor through the routinely
140	established application process, or within 10 days after the
141	occurrence of a any vacancy in any such seat the term of any
142	member of the port authority appointed by the Governor, a
143	successor shall be appointed by the Governor. The Governor may
144	appoint a member to Seat 1, Seat 2, or Seat 3 who is or has been
145	primarily engaged in the maritime business, notwithstanding any
146	general law to the contrary and without taking nominations from
147	the nominating committee.
148	(c)  The Governor shall appoint members to Seats 4 and 5
149	through nomination within 90 days after the effective date of
150	this act from nominees selected by the nominating committee,
151	each of which nominations must be received by the Office of the
152	Governor within 60 calendar days after the effective date of
153	this act. The member appointed to Seat 4 shall be appointed for
154	an initial term of 2 years, and the member appointed to Seat 5
155	shall be appointed for an initial term of 4 years.
156	(d)  At least 90 calendar days prior to the expiration of
157	the term of any member appointed to Seat 4 or Seat 5, the
158	executive director of the port authority or his or her designee
159	shall notify the nominating committee by certified mail at each
160	of their primary places of business of the pending expiration.
161	The nominating committee shall have 60 calendar days to deliver
162	nominations to the Office of the Governor in the format
163	prescribed by that office, and a successor shall be appointed by
164	the Governor from those nominations.
165	(e)  If a vacancy occurs in the term of a member appointed
166	to Seat 4 or Seat 5 through nomination, the nominating committee
167	shall be notified of the vacancy within 3 business days after
168	such occurrence and in the manner described in subsection (d).
169	The nominating committee shall deliver the names of at least
170	three nominees to the Office of the Governor appointments office
171	in the manner prescribed by that office and within 30 calendar
172	days after the date the vacancy occurred. The Governor shall
173	thereafter appoint a replacement for the remaining term in which
174	the vacancy was created.
175	(f)  Any member of the port authority appointed by the
176	Governor is shall be eligible for reappointment. Each member
177	appointed by the Governor shall hold office for a term of 4
178	years from the date of the expiration of the term of his or her
179	predecessor, except as otherwise provided by this act and
180	provided further that any person appointed to fill a vacancy for
181	an unexpired portion of a term shall be appointed for the
182	unexpired portion of the term only. Each member of the port
183	authority may continue to serve until his or her successor is
184	duly appointed and qualified.
185	(g)(c)  Before assuming office, each appointed or ex
186	officio member of the port authority shall take an oath that he
187	or she will faithfully discharge the duties of his or her office
188	and that he or she will uphold and defend the constitutions and
189	laws of the United States and of the State of Florida. Members
190	may not be compensated by the port authority for their services
191	but may be otherwise reimbursed for travel as provided by this
192	act.
193	(h)(d)  The officers of the port authority shall be elected
194	annually by and chosen from among the members and shall consist
195	of a chair, a vice chair, a membership of the port authority. A
196	chairman, vice chairman, secretary, and a treasurer, the latter
197	two of which offices may be held by a single member at the
198	discretion of the members shall be elected annually by the
199	members of the port authority from among their membership. The
200	offices of secretary and treasurer may be held by one person. A
201	port director shall be appointed by the port authority by
202	resolution and shall be chosen for his executive,
203	administrative, and technical qualifications.
204	(i)(e)  Four Three members of the port authority shall
205	constitute a quorum. An affirmative vote of four three members
206	is required necessary for any action to be taken by the port
207	authority involving the incurring of any indebtedness or the
208	expenditure of any funds or money in excess of the monetary
209	amount specified in section 15 and for the establishment of
210	policy governing the expenditure of any funds by the port
211	director and his or her staff. These requirements are shall not
212	be affected by any vacancy in the port authority.
213	(f)  The appointed members of the port authority shall
214	receive no compensation for their services. The port director
215	shall receive such salary as the port authority may approve.
216	(j)(g)  The members shall appoint by resolution a port
217	director who shall be chosen for his or her executive,
218	administrative, and technical qualifications, shall be a full-
219	time employee of the port authority, shall receive such salary
220	as may be approved by the members, and shall devote his or her
221	time and attention to the discharge of his or her duties. The
222	port director's His office shall be kept open during such hours
223	as the members port authority shall fix, but the minimum of
224	which hours so fixed by the port authority during which such
225	office shall remain open shall be the ordinary business hours
226	upon all business days.
227	(k)(h)  The port authority may shall have the power to
228	employ such additional persons in addition to the port director
229	as the business of the port authority may require and may
230	designate which, if any, require the approval of the members for
231	employment or dismissal.
232	Section 2.  This act shall take effect October 1, 2005.

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