| 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 | amending the powers and duties of the district; |
| 5 | authorizing the district to establish a direct-support |
| 6 | organization to receive, hold, invest, and administer |
| 7 | property, make expenditures to or for the benefit of the |
| 8 | district, and promote the development and expansion of the |
| 9 | economic, historical, and cultural contributions of the |
| 10 | maritime industry of the district; providing powers and |
| 11 | duties of the organization; providing for membership of |
| 12 | the board of directors of the organization; providing for |
| 13 | the budget and financial audit of the organization; |
| 14 | providing an effective date. |
| 15 |
|
| 16 | Be It Enacted by the Legislature of the State of Florida: |
| 17 |
|
| 18 | Section 1. Section 3 is added to Article VI of chapter |
| 19 | 2003-335, Laws of Florida, to read: |
| 20 | Section 3. (a) The Canaveral Port Authority shall have |
| 21 | the power and authority to establish a direct-support |
| 22 | organization to receive, hold, invest, and administer property; |
| 23 | to make expenditures to or for the benefit of the Canaveral Port |
| 24 | District; and to promote the development and expansion of the |
| 25 | economic, historical, and cultural contributions of the maritime |
| 26 | industry of the Canaveral Port District. |
| 27 | (b) A direct-support organization established pursuant to |
| 28 | this section shall be approved by the Canaveral Port Authority |
| 29 | and be a corporation not for profit, incorporated under the |
| 30 | provisions of chapter 617, Florida Statutes, and approved by the |
| 31 | Department of State. |
| 32 | (c) The direct-support organization shall be organized and |
| 33 | operated exclusively to carry out the purposes set forth in |
| 34 | subsection (a). |
| 35 | (d) The direct-support organization is authorized and |
| 36 | permitted to use property, facilities, and employee services of |
| 37 | the Canaveral Port Authority subject to the conditions |
| 38 | prescribed by the Port Authority. The conditions shall provide |
| 39 | for budget and audit review and oversight by the Port Authority. |
| 40 | (e) The direct-support organization shall provide equal |
| 41 | employment opportunities to all persons, regardless of race, |
| 42 | color, religion, sex, age, or national origin. |
| 43 | (f) The board of directors of the direct-support |
| 44 | organization shall be appointed by the Port Authority and shall |
| 45 | include the chairperson of the Port Authority, or his or her |
| 46 | designee, and the chief executive officer as members. The Port |
| 47 | Authority shall approve the articles of incorporation and bylaws |
| 48 | of the direct-support organization and any amendments thereto. |
| 49 | (g) The annual budget of the direct-support organization |
| 50 | shall be presented to and approved by the Port Authority on or |
| 51 | before the beginning of the fiscal year adopted by the direct- |
| 52 | support organization. |
| 53 | (h) In any fiscal year in which the direct-support |
| 54 | organization has more than $100,000 in expenditures or expenses, |
| 55 | the direct-support organization shall provide an annual |
| 56 | financial audit of its accounts and records, to be conducted by |
| 57 | an independent certified public accountant in accordance with |
| 58 | the rules adopted by the Auditor General pursuant to section |
| 59 | 11.45(8), Florida Statutes. The annual audit report shall be |
| 60 | submitted within 9 months after the end of the fiscal year to |
| 61 | the Port Authority. The Auditor General and Office of Program |
| 62 | Policy Analysis and Government Accountability have the authority |
| 63 | to require and receive from the direct-support organization any |
| 64 | records relative to the operation of the organization. |
| 65 | Section 2. This act shall take effect upon becoming a law. |