Florida Senate - 2008 (NP) SB 2888
By Senator Haridopolos
26-03580A-08 20082888__
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A bill to be entitled
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An act relating to the Canaveral Port District, Brevard
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County; amending chapter 2003-335, Laws of Florida;
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amending the powers and duties of the district;
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authorizing the district to establish a direct-support
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organization to receive, hold, invest, and administer
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property, make expenditures to or for the benefit of the
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district, and promote the development and expansion of the
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economic, historical, and cultural contributions of the
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maritime industry of the district; providing powers and
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duties of the organization; providing for membership of
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the board of directors of the organization; providing for
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the budget and financial audit of the organization;
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providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Section 3 is added to Article VI of chapter
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2003-335, Laws of Florida, to read:
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Section 3. (a) The Canaveral Port Authority shall have the
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power and authority to establish a direct-support organization to
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receive, hold, invest, and administer property; to make
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expenditures to or for the benefit of the Canaveral Port
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District; and to promote the development and expansion of the
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economic, historical, and cultural contributions of the maritime
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industry of the Canaveral Port District.
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(b) A direct-support organization established pursuant to
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this section shall be approved by the Canaveral Port Authority
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and be a corporation not for profit, incorporated under the
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provisions of chapter 617, Florida Statutes, and approved by the
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Department of State.
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(c) The direct-support organization shall be organized and
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operated exclusively to carry out the purposes set forth in
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subsection (a).
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(d) The direct-support organization is authorized and
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permitted to use property, facilities, and employee services of
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the Canaveral Port Authority subject to the conditions prescribed
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by the Port Authority. The conditions shall provide for budget
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and audit review and oversight by the Port Authority.
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(e) The direct-support organization shall provide equal
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employment opportunities to all persons, regardless of race,
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color, religion, sex, age, or national origin.
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(f) The board of directors of the direct-support
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organization shall be appointed by the Port Authority and shall
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include the chairperson of the Port Authority, or his or her
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designee, and the chief executive officer as members. The Port
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Authority shall approve the articles of incorporation and bylaws
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of the direct-support organization and any amendments thereto.
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(g) The annual budget of the direct-support organization
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shall be presented to and approved by the Port Authority on or
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before the beginning of the fiscal year adopted by the direct-
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support organization.
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(h) In any fiscal year in which the direct-support
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organization has more than $100,000 in expenditures or expenses,
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the direct-support organization shall provide an annual financial
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audit of its accounts and records, to be conducted by an
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independent certified public accountant in accordance with the
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rules adopted by the Auditor General pursuant to section
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11.45(8), Florida Statutes. The annual audit report shall be
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submitted within 9 months after the end of the fiscal year to the
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Port Authority. The Auditor General and Office of Program Policy
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Analysis and Government Accountability have the authority to
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require and receive from the direct-support organization any
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records relative to the operation of the organization.
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Section 2. This act shall take effect upon becoming a law.
CODING: Words stricken are deletions; words underlined are additions.