HB 1329

CS

CHAMBER ACTION

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

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