CS/HB 423

1
A bill to be entitled
2An act relating to the Seminole County Port Authority,
3Seminole County; codifying, amending, reenacting, and
4repealing chapters 65-2270, 67-2073, 67-2074, 67-2078, 70-
5946, 71-923, 72-695, 72-696, 75-504, 76-487, and 88-447,
6Laws of Florida; providing for warrants to be signed by
7the chairperson, treasurer, or certain other persons;
8providing that the authority may hold its books open for a
9specified period after the end of the fiscal year;
10providing that the authority shall comply with general law
11for cost of construction and supplies; providing for
12execution of documents and examination of claims;
13providing for charter to supersede chapter 315, F.S., in
14certain circumstances; providing an effective date.
15
16Be It Enacted by the Legislature of the State of Florida:
17
18     Section 1.  (1)  The reenactment of existing law in this
19act shall not be construed as a grant of additional authority to
20or to supersede the authority of any entity pursuant to law.
21Exceptions to law contained in any special act that are
22reenacted pursuant to this act shall continue to apply.
23     (2)  The reenactment of existing law in this act shall not
24be construed to modify, amend, or alter any covenants,
25contracts, or other obligations of the district with respect to
26bonded indebtedness. Nothing pertaining to the reenactment of
27existing law in this act shall be construed to affect the
28ability of the district to levy and collect taxes, assessments,
29fees, or charges for the purpose of redeeming or servicing
30bonded indebtedness of the district.
31     Section 2.  Chapters 65-2270, 67-2073, 67-2074, 67-2078,
3270-946, 71-923, 72-695, 72-696, 75-504, 76-487, and 88-447, Laws
33of Florida, are amended, codified, reenacted, and repealed as
34provided herein.
35     Section 3.  The Seminole County Port Authority is re-
36created, and its charter is re-created and reenacted to read:
37     Section 1.  Seminole County Port Authority.-There is hereby
38created and established a body politic and corporate to be known
39as the Seminole County Port Authority (hereinafter referred to
40as the "authority"), a dependent special district. The facility
41to be operated by the authority shall be known as the Port of
42Sanford and is authorized to exercise the jurisdiction, powers,
43and duties herein granted.
44     (1)  The governing body of the authority shall consist of
45nine members, eight of whom shall be appointed by the Board of
46County Commissioners of Seminole County. Such appointees shall
47be residents of Seminole County who are qualified electors, none
48of whom shall be an elected public official. One member shall be
49selected annually by the Board of County Commissioners of
50Seminole County from the board of county commissioners to serve
51as the ninth member whose term shall expire on the first Tuesday
52after the first Monday in January of the year next succeeding
53his or her appointment. The remaining eight members shall be
54appointed to serve terms of 4 years each. Each appointed member
55shall hold office until his or her successor has been appointed
56and has qualified. A vacancy occurring during the term of an
57appointed member shall be filled only for the balance of the
58unexpired term.
59     (2)  The authority shall elect one of its members as
60chairperson of the authority and a second member as vice
61chairperson of the authority. The authority shall also elect a
62secretary and a treasurer to perform such duties as the
63authority may direct.
64     (3)  Five members of the authority shall constitute a
65quorum, and at least five members must approve any action to be
66taken by the authority. Resolutions adopted by the vote of at
67least five members of the authority shall become effective
68without further action by the authority. Each member of the
69authority shall have one vote. The yeas and nays shall be called
70and entered upon the minutes of each meeting upon the passage of
71each resolution or other action of the authority.
72     (4)  All warrants drawn for the disbursement of funds of
73the authority shall be signed by its chairperson and treasurer
74or such persons as set forth in the purchasing policy adopted by
75the authority in accordance with general law. Bonds or
76additional bonds of the chairperson, the treasurer, and any
77person employed by the authority as hereinafter provided who
78handle or are responsible for public funds of the authority
79shall be provided by the authority in amounts approved by the
80Board of County Commissioners of Seminole County.
81     (5)  The authority shall hold a regular meeting each month
82on a date and at a time in Seminole County fixed by resolution
83of the authority and properly recorded in its minutes. The
84authority may change its regular meeting date only after
85appropriate public notice. Special meetings may be called upon
86the call of its chairperson or any three members of the
87authority. Such special meetings shall be held in Seminole
88County and whenever possible appropriate public notice thereof
89shall be given. All meetings of the authority shall be open to
90the public.
91     (6)  The members of the authority shall receive no
92compensation but shall receive reimbursement for per diem and
93travel expenses incurred in connection with their official
94duties as provided in section 112.061, Florida Statutes.
95Reimbursement of said per diem and expenses to members of the
96authority shall be made only pursuant to approval of the
97authority and proper travel expense vouchers.
98     (7)  The authority shall employ and fix the compensation of
99a managing director who shall manage the affairs of the
100authority under the supervision and control of the authority.
101The authority may employ such engineers, attorneys, certified
102public accountants, consultants, and employees as the authority
103may require, and fix and pay their compensation.
104     (8)  The authority may do any and all things necessary to
105accomplish the purposes of this act.
106     (9)  The fiscal year of the authority shall end on
107September 30th of each year.
108     Section 2.  Definitions.-The following words and terms
109shall be taken to include the following meanings when the
110context shall require or permit:
111     (1)  "Authority" shall mean the body politic created by
112this act.
113     (2)  "County" shall mean the County of Seminole.
114     (3)  "City" shall mean any incorporated municipality.
115     (4)  "State" shall mean the State of Florida and any
116department, corporation, agency, or instrumentality thereof.
117     (5)  "Federal agency" shall mean and include the United
118States, the President of the United States, and any department
119or corporation, agency, or instrumentality thereof heretofore or
120hereafter created, designated, or established by the United
121States.
122     (6)  "Projects" shall mean harbor, port, and shipping
123facilities of all kinds, including, but not limited to, harbors,
124channels, turning basins, anchorage areas, jetties, breakwaters,
125waterways, canals, locks, tidal basins, wharves, docks, piers,
126slips, bulkheads, public landings, warehouses, terminals,
127refrigerating and cold storage plants, railroads and motor
128terminals for passengers and freight, rolling stock, car
129ferries, boats, conveyors and appliances of all kinds for the
130handling, storage, inspection, and transportation and service
131buildings, roads, toll highways, tunnels, causeways, and bridges
132connected therewith or incident or auxiliary thereto, and may
133include all property, structures, facilities, rights, easements,
134and franchises relating to any such project and deemed necessary
135or convenient for the acquisition, construction, purchase, or
136operation thereof. The word "projects" shall also embrace
137capital projects for port facilities and industrial or
138manufacturing plants as contemplated by Section 10(c) of Article
139VII of the State Constitution and projects as defined and
140authorized under part II of chapter 159, Florida Statutes;
141provided, however, that such industrial or manufacturing plants
142shall be located only on property owned by the authority on the
143effective date of this act.
144     (7)  "Cost," as applied to improvements, shall mean the
145cost of constructing or acquiring improvements and shall embrace
146the cost of all labor and materials, the cost of all machinery
147and equipment, financing charges, the cost of engineering and
148legal expenses, plans, specifications, and such other expenses
149as may be necessary or incident to such construction or
150acquisition.
151     (8)  "Cost," as applied to a project acquired, constructed,
152extended, or enlarged, shall include the purchase price of any
153project acquired; the cost of improvements; the cost of such
154construction, extension, or enlargements; the cost of all lands,
155properties, rights, easements, and franchises acquired; the cost
156of all machinery and equipment; financing charges; interest
157during construction; and, if deemed advisable, for 1 year after
158completion of construction, cost of investigations and audits,
159and of engineering and legal services, and all other expenses
160necessary or incident to determining the feasibility or
161practicability of such acquisition or construction,
162administrative expenses, and such other expenses as may be
163necessary or incident to the financing herein authorized and to
164the acquisition or construction of a project and the placing of
165the same in operation. Any obligation or expense incurred by the
166authority prior to the issuance of revenue bonds under the
167provision of this act for engineering studies and for estimates
168of cost and of revenues and for other technical, financial, or
169legal services in connection with the acquisition or
170construction of any project may be regarded as a part of the
171cost of such project.
172     Section 3.  Powers.-The authority shall have the following
173specific powers, in addition to other powers otherwise
174conferred:
175     (1)  To construct, acquire, establish, improve, extend,
176enlarge, reconstruct, reequip, maintain, repair, and operate or
177purchase any project as herein defined.
178     (2)  Subject to the jurisdiction of the United States and
179the state, to construct, establish, and improve harbors; to
180improve navigable waters; and to construct and maintain canals,
181slips, turning basins, and channels, all upon such terms and
182conditions as may be required by the United States and the
183state.
184     (3)  To acquire for any project authorized by this act by
185grant, purchase, gift, devise, condemnation by eminent domain
186proceedings, exchange, or in any other manner, all property,
187real or personal, or any estate or interest therein, upon such
188terms and conditions as the authority shall by resolution fix
189and determine. The right of eminent domain herein conferred
190shall be exercised by the authority in the manner provided by
191law.
192     (4)  To borrow money for any authorized purpose, evidencing
193such obligation by promissory notes, mortgages upon all or any
194part of its assets, revenue certificates, certificates of
195indebtedness, or other appropriate financing documents. Any
196obligation of the authority that pledges any of the fixed assets
197of the authority as security for such obligation or that pledges
198the full faith and credit of the authority shall bear an
199interest rate not to exceed the lawful rate as established by
200law. Any obligation of the authority that does not directly
201pledge any of its fixed assets or pledge its full faith and
202credit, including, but not limited to, obligations contemplated
203by chapter 159, Florida Statutes, shall bear interest at a rate
204or rates to be established by the authority not exceeding 10
205percent per annum.
206     (5)  To enter into joint arrangements with steamship lines,
207railroads, or other transportation lines, or any contract,
208private, or common carrier, if the authority shall deem it
209advantageous so to do.
210     (6)  To make and enter into all contracts and agreements
211and to do and perform all acts and deeds necessary and
212incidental to the performance of its duties and the exercise of
213its powers; to make and execute leases or agreements for the use
214and occupation of the property and projects under its control on
215such terms, conditions, and period of time as the authority may
216determine, provided, however, that any lease or agreement for a
217period exceeding 10 years shall be first authorized and approved
218by the affirmative vote of not fewer than 5 members of the
219authority; and to sell and dispose of such property and projects
220as shall no longer be needed for the uses and purposes of the
221authority on such terms and conditions as shall be prescribed by
222resolution of the authority, provided, however, that before
223disposing of any real property that was acquired from either the
224city or county under the provisions of this act, the authority
225shall give written notice to the governmental unit from which
226such real property was acquired. If said governmental unit
227desires to accept a reconveyance of said real property, it shall
228give the authority written notice of such intention within 30
229days after the date of mailing of the authority's notice
230regarding the disposal of such property and the authority shall
231make the reconveyance of such property to said governmental unit
232forthwith. If within such 30 days said governmental unit does
233not notify the authority in writing of a desire to accept a
234reconveyance of said property, or refuses to accept a
235reconveyance of same, the authority may sell and dispose of same
236on such terms and conditions as shall be prescribed by
237resolution of the authority.
238     (7)  To the extent permitted by law to fix, regulate, and
239collect rates and charges for the services and facilities
240furnished by any project under its control; to establish, limit,
241and control the use of any project as may be deemed necessary to
242ensure the proper operation of the project; and to impose
243sanctions to promote and enforce compliance with any rule or
244regulation that the authority may adopt in the regulation of the
245ports, harbors, wharves, docks, and other projects under its
246control.
247     (8)  To fix the rates of wharfage, dockage, warehousing,
248storage, and port and terminal charges for the use of the port
249and harbor facilities located within said county and owned or
250operated by said authority.
251     (9)  To solicit shipping and other business and do all
252things necessary or advisable to promote commerce and increase
253tonnage through the Port of Sanford.
254     (10)  To receive and accept from any federal or state
255agency grants for or in aid of the planning, development,
256construction, improvement, or operation of any project and to
257receive and accept contributions from any source of either
258money, property, labor, or other things of value.
259     (11)  To make any and all applications required by the
260Treasury Department and other departments or agencies of the
261United States Government as a condition precedent to the
262establishment within the county of a free port, foreign trade
263zone, or area for the reception from foreign countries of
264articles of commerce; to expedite and encourage foreign commerce
265and the handling, processing, and delivery thereof into foreign
266commerce from the payment of custom duties and to enter into any
267agreements required by such departments or agencies in
268connection therewith; and to make like applications and
269agreements with respect to the establishment within said county
270of one or more bonded warehouses.
271     (12)  To enter into any contract with the state, the United
272States Government, or any agency of said governments, which may
273be necessary in order to produce assistance, appropriations, and
274aid for the deepening, widening, and extending of channels and
275turning basins, and building and constructing slips, wharves,
276breakwaters, jetties, bulkheads, and any and all other harbor
277and navigation improvements and facilities.
278     (13)  To make or cause to be made such surveys,
279investigations, studies, borings, maps, plans, drawings, and
280estimates of cost and revenues as it may deem necessary, and may
281prepare and adopt a comprehensive plan or plans for the
282location, construction, improvement, and development of any
283project.
284     (14)  To grant exclusive or nonexclusive franchises to
285persons, firms, or corporations for the operation of
286restaurants, cafeterias, bars, cigar and cigarette stands,
287newsstands, buses, taxicabs, vending machines, hotels, motels,
288service stations, and other concessions in, on, and in
289connection with any project owned and operated by the authority.
290In granting such franchises it shall be the duty of the
291authority to investigate and consider the qualifications and
292ability of the lessee or concessionaires to provide or perform
293the contemplated services for the public using the facilities
294and the revenues that will be derived therefrom by the authority
295and to exercise sound prudent business judgment on behalf of the
296authority with respect thereto, calling for bids when the
297interests of the public will best be served by such action.
298     (15)  To enter into contracts with utility companies or
299others for the supplying by said utility companies or others of
300water, gas, sewerage services, electricity, and telephone
301service or any other services to or in connection with any
302project.
303     (16)  To pledge by resolution or contract the revenues
304arising from the operation of any project or projects owned and
305operated by the authority to the payment of the cost of
306operation, maintenance, repair, improvement, extension, and
307enlargement of the project or projects from the operation of
308which such revenues are received and for the payment of
309principal and interest on bonds issued in connection with any
310such project or projects, and to combine for financing purposes
311any two or more projects constructed or acquired by the
312authority under the provisions of this act. In any such case the
313authority may adopt separate budgets for the operation of such
314project or projects. In every such case such revenues shall be
315expended exclusively for the payment of the costs of operation,
316maintenance, repair, improvement, extension, and enlargement of
317the project or projects from the operation of which such
318revenues arise, for the performance of the authority's contracts
319in connection with such project or projects, and for the payment
320of principal and interest requirements of any bonds issued in
321connection with the project or projects. Any surplus of such
322funds remaining on hand at the end of any year shall be carried
323forward and may be expended in the succeeding year for the
324payment of the costs of operation of such project or projects or
325for the repair, improvement, and extension thereof as the
326authority may determine, unless such surplus has been pledged
327for the payment of principal and interest on bonds, as
328authorized in subsection (17), in which event any such surplus
329shall be applied in accordance with the resolution pledging the
330same.
331     (17)  To issue general obligation bonds or revenue bonds of
332said authority for the purpose of paying all or a part of the
333cost of any one or more projects as herein defined, including
334the cost of enlargement, expansion, and development of such
335project whether the property used therefor has previously been
336acquired or not, and the cost of removing therefrom or
337relocating or reconstructing at another location any buildings,
338structures, or facilities which in the opinion of such authority
339constitute obstructions or hazards to the safe or efficient
340operation of any such project, and for the purpose of paying off
341and retiring any bonds issued or assumed under the provisions of
342this act.
343     (a)  The bonds of each issue shall be authorized by
344resolution of the authority and shall be dated; shall bear
345average interest at such rate or rates not exceeding the lawful
346rate of interest as is established by law; shall mature at such
347time or times not exceeding 40 years from their date or dates,
348as may be determined by the authority; and may be made
349redeemable before maturity, at the option of the authority, at
350such price or prices and under such terms and conditions as may
351be fixed by the authority prior to the issuance of the bonds.
352The authority shall determine the form of bonds, including any
353interest coupons to be attached thereto; the manner of execution
354of the bonds; and fix the denomination or denominations of the
355bonds and the place or places of payment of principle and
356interest, which may be at any bank or trust company within or
357without the state. The resolution authorizing the issuance of
358the bonds shall contain such provisions relating to the use of
359the proceeds from the sale of the bonds and for the protection
360and security of holders of the bonds, including their rights and
361remedies, and the rights, powers, privileges, duties, and
362obligations of the authority with respect to the same, as shall
363be determined by the authority. In case any officer whose
364signature or facsimile of whose signature shall appear on any
365bonds or coupons shall cease to be such officer before the
366delivery of such bonds, such signature or such facsimile shall
367nevertheless be valid and sufficient for all purposes the same
368as if he or she had remained in office until such delivery. All
369bonds issued under the provisions of this act shall have and are
370hereby declared to have all the qualities and incidents of
371negotiable instruments under the negotiable instruments law of
372the state. The bonds may be issued in coupon or in registered
373form, or both, as the authority may determine, and provision may
374be made for the registration of any coupon bonds as to principal
375alone and also as to both principal and interest and for the
376reconversion into coupons bonds of any bonds registered as to
377both principal and interest. The issuance of such bonds shall
378not be subject to any limitations or conditions contained in any
379other law.
380     (b)  Prior to any sale of bonds the authority shall cause
381notice to be given by publication in some daily newspaper
382published and having a general circulation in the county that
383the authority will receive bids for the purchase of the bonds at
384the office of the authority in the county. Said notice shall be
385published twice and the first publication shall be given not
386less than 15 days prior to the date set for receiving the bids.
387Said notice shall specify the amount of the bonds offered for
388sale, shall state that the bids shall be sealed bids, and shall
389give the schedule of the maturities of the proposed bonds and
390such other pertinent information as may be prescribed in the
391resolution authorizing the issuance of such bonds or any
392resolution subsequent thereto. Bidders may be invited to name
393the rate or rates of interest that the bonds are to bear or the
394authority may name rates of interest and invite bids thereon. In
395addition to publication of notice of the proposed sale the
396authority shall also give notice in writing of the proposed sale
397enclosing a copy of such advertisement to the chairperson of the
398State Board of Administration and to at least three recognized
399bond dealers in the state, such notices to be given not less
400than 10 days prior to the date set for receiving the bids.
401     (c)  All bonds and refunding bonds issued pursuant to this
402chapter shall be sold at public sale and shall be awarded to the
403bidder whose bid produces the lowest net interest cost to the
404authority. The net interest cost of bids shall be determined by
405taking the aggregate amount of interest at the rate or rates
406specified in the bids, computed from the date of the bonds to
407the date of the various stated maturities thereof, and deducting
408therefrom the amount of any premium offered in excess of the par
409value of the bonds or adding thereto the amount of any discount
410offered below the par value of the bonds, with interest computed
411on a 360-day-year basis. The authority shall reserve the right
412to reject any or all bids. In no event shall said bonds be sold
413at a net interest cost to the authority in excess of the rate as
414is established by law. Pending the preparation of definitive
415bonds, interim bonds may be issued to the purchaser or
416purchasers of such bonds and may contain such terms and
417conditions as the authority may determine.
418     (d)  The authority shall require all bidders for said bonds
419to enclose a certified or bank cashier's check, in the amount of
4202 percent of the total par value of the bonds offered for sale,
421drawn on an incorporated bank or trust company payable
422unconditionally to the order of the authority as a guarantee of
423good faith in the performance of each bid. The checks of the
424unsuccessful bidders shall be returned immediately upon the
425award of the bonds and the check of the successful bidder shall
426be retained by the authority and credited against the full
427purchase price of the bonds at the time of delivery or retained
428as and for liquidated damages in case of the failure of such
429bidder to fulfill the terms of his or her bid.
430     (e)  No general obligation bonds shall be issued hereunder
431unless the issuance of such bonds shall have been approved by a
432majority of the votes cast in an election in which a majority of
433the freeholders residing in Seminole County who are qualified to
434vote in such election shall participate. Whenever the authority
435by resolution requests the Board of County Commissioners of
436Seminole County to hold such an election, said board may on
437behalf of the authority, hold, conduct, canvass, and announce
438the results of such election in accordance with the procedure
439prescribed by law for the issuance of county bonds. The expenses
440of such election shall be paid by the authority. In no event
441shall such general obligation bonds be construed or considered
442to be bonds of the County of Seminole but shall be solely bonds
443of said authority. If the resolution of the authority requests
444said board of county commissioners as a prerequisite to holding
445such bond election to provide for a special registration of
446freeholders who shall be qualified to participate in such
447election, the board of county commissioners may provide for such
448special registration of qualified electors who are freeholders
449in Seminole County in the same manner provided by law for the
450special registration of freeholders in county bond elections.
451The expenses of conducting such special registration shall be
452borne by the authority.
453     (18)  To do all other acts and things necessary or proper
454in the exercise of the powers herein granted.
455     (19)  To do all acts or things necessary or proper to be
456and serve as a local governmental body within the meaning of
457Section 10(c) of Article VII of the State Constitution or as a
458local agency under part II of chapter 159, Florida Statutes,
459with respect to any project as defined therein, provided, that
460projects as defined in part II of chapter 159, Florida Statutes,
461shall be located only on property owned by the authority on the
462effective date of this act; provided, further, that with respect
463to port facilities (wherever located within Seminole County)
464within the meaning of Section 10(c) of Article VII of the State
465Constitution, the authority shall have the same powers as a
466local agency under part II of chapter 159, Florida Statutes, as
467are therein provided with respect to industrial or manufacturing
468plants as fully and completely as if port facilities had been
469expressly included within the definition of project therein.
470     (20)  To publicize, advertise, and promote the activities
471and projects authorized by this act; to make known to users and
472potential users in the public the advantages, facilities,
473resources, products, attractions, and attributes of the
474activities and projects authorized by this act; to further
475create a favorable climate of opinion concerning the activities
476and projects authorized and indicated by this act; to cooperate,
477including the grant or expenditure of funds, to and with other
478agencies, both public and private, in accomplishing the purposes
479authorized by this act; and in furtherance thereof, to authorize
480reasonable expenditures by a supporting voucher to be filed for
481audit for such authorized purposes, including, but not limited
482to, meals and hospitality.
483     (21)  To adopt, use, and alter at will a corporate seal; to
484sue and be sued, implead and be impleaded, complain, and defend
485in all courts; to exercise the power of eminent domain to
486acquire property for any of its authorized purposes, including
487the taking of such property ancillary to said power in the
488manner from time to time provided by the laws of the state; to
489accept grants, gifts, and donations; and to enter into
490contracts, leases, or other transactions with any federal
491agency, the state, any agency of the state, the County of
492Seminole, any incorporated area, or with any other public body
493of the state.
494     Section 4.  Financial reports; audits; tax levy.-
495     (1)  The authority shall on or before November 30 of each
496year file an annual financial report for the fiscal year ended
497September 30 immediately preceding with the Board of County
498Commissioners of Seminole County. The authority shall on or
499before July 15 each year submit to the board of county
500commissioners a detailed budget for its operations in the
501succeeding fiscal year beginning October 1. The authority shall,
502with the board of county commissioners, fix a date and time on
503or before August 31 for a public hearing on the budget of the
504authority. The authority shall advertise a summary of the budget
505one time in a newspaper of general circulation published in the
506county, and the advertisement shall state that the authority and
507the board of county commissioners will meet on a day fixed in
508the advertisement, not earlier than 1 week and not later than 2
509weeks from the date of the advertising for the purpose of
510hearing requests and complaints from the public regarding the
511budgets. The authority and the board of county commissioners
512shall meet upon the date fixed in the advertisement, and from
513day to day thereafter if deemed necessary, for the purpose of
514holding a public hearing and making whatever revisions in the
515budget that are deemed necessary. The board of county
516commissioners pursuant to the public hearing thereon may approve
517or disapprove the total of the budget of the authority. Upon the
518board's approval, the budget becomes fixed and the total thereof
519may be amended by the authority in the manner prescribed for
520county budgets in section 129.06(2), Florida Statutes. All
521expenses incurred in the fiscal year for which the budget is
522made shall be vouchered and charged on the financial records
523against the budget of that year, and to carry out this provision
524the authority may hold its books open for 60 days after the
525expiration of the fiscal year. It is unlawful for the authority
526to expend or contract for expenditures in any fiscal year more
527than the amount budgeted and in no case shall the total
528appropriation be exceeded. It is unlawful for the authority to
529incur indebtedness against the authority in excess of the
530expenditure allowed by law, or to pay any illegal charge against
531the authority, or to pay any claim against the authority not
532authorized by law and any member of the authority concurring in
533any such act shall be guilty of malfeasance in office and
534subject to suspension and removal from office as provided
535elsewhere herein. The Board of County Commissioners of Seminole
536County may levy an annual tax on all taxable real and personal
537property in such county in the budget amount so approved, which
538amount, however, shall not exceed one-half mill, for the
539operating and administrative expenses of the authority and for
540the construction, operation, maintenance, enlargement,
541expansion, improvement, or development of any project or
542projects herein specified, and for the purpose of enabling the
543authority to carry out its functions under this act.
544     (2)  The board of county commissioners shall levy an annual
545tax on all taxable real and personal property in such county
546sufficient to meet the sinking fund requirements for the payment
547of the interest and principal on any general obligation bonds
548issued by the authority as the same become due.
549     (3)  For the payment of the principal of and the interest
550on any general obligation bonds of the authority issued under
551the provisions of this act, the Board of County Commissioners of
552Seminole County shall levy annually, in the manner hereinafter
553provided, a special tax upon all taxable real and personal
554property within the county, in addition to the tax authorized by
555subsection (1), sufficient to pay such principal and interest as
556the same respectively become due and payable and the proceeds of
557all such taxes shall when collected and received by the
558authority be paid into a special fund and used for no other
559purpose than the payment of such principal and interest;
560provided, however, that there may be pledged to payment of such
561principal and interest the surplus of the revenues of the
562project or projects, after payment of the costs of operation,
563maintenance, and repair thereof, and in the event of such pledge
564the amount of the annual tax levy herein provided for may be
565reduced in any year by the amount of such revenues actually
566received in the preceding year and then remaining on deposit to
567the credit of the special fund for the payment of such principal
568and interest.
569     (4)  The levy, collection, and expenditure of such taxes is
570hereby declared to be for a lawful county purpose.
571     (5)  The property appraiser shall assess taxes for the
572authority upon certification of the tax levy by the board of
573county commissioners and the tax collector of Seminole County
574shall, as and when collected, remit and deposit all moneys
575collected under the taxes hereby authorized to the authority in
576a bank or banks qualified as depositories of public funds, to be
577designated by such authority. Certified copies of tax
578resolutions executed in the name of the authority by its
579chairperson, and attested by its secretary, under its corporate
580seal, shall immediately be delivered to the Board of County
581Commissioners of Seminole County. Commissions of the property
582appraiser and tax collector shall be paid by the authority and
583shall be at the rates provided by law for the assessment and
584collection of county taxes.
585     (6)  The property appraiser, tax collector, and Board of
586County Commissioners of Seminole County shall when requested by
587the authority, prepare from their official records and deliver
588to the authority any and all information that may be requested
589at any time from him or her or them regarding the tax
590valuations, levies, assessments, or collections in such county,
591the cost of which shall be at the authority's expense.
592     (7)  Misfeasance, malfeasance, or nonfeasance, or any act
593of impropriety reflecting upon the port authority, shall be
594cause for the suspension or removal of any member of the port
595authority. Removal may be effected by the Governor.
596     Section 5.  Rules and regulations.-The authority shall have
597power to adopt rules and regulations with reference to all
598projects and matters under its control. All rules and
599regulations promulgated and all impositions and exactions made
600by the authority hereof shall be just and reasonable and
601consistent with public interest, and their application shall be
602subject to review by certiorari in any court of proper and
603competent jurisdiction. All rules and regulations of the
604authority shall be a matter of public record and copies thereof
605shall be dispensed by the authority at cost to all applicants
606therefor.
607     Section 6.  Bonds eligible for legal investments.-
608Notwithstanding any provisions of any other law or laws to the
609contrary, all revenue bonds, general obligation bonds, or any
610combination of general obligation or revenue bonds, including
611refunding bonds, issued pursuant to this act shall constitute
612legal investments for savings banks, banks, trust companies,
613executors, administrators, trustees, guardians, and other
614fiduciaries, and for any board, body, agency or instrumentality
615of the state, or of any county, municipality, or other political
616subdivision of the state; and shall be eligible as security for
617deposits for state, county, municipal and other public funds.
618     Section 7.  Rights of employees.-All employees of the
619authority shall be employed and promoted in accordance with and
620under such rules and regulations as the authority may adopt from
621time to time.
622     Section 8.  Cooperation with other units, boards, agencies,
623and individuals.-Express authority and power is hereby given and
624granted any county, municipality, drainage district, road and
625bridge district, school district, or any other political
626subdivision, board, commission or individual in, or of, the
627state to make and enter into with the authority, contracts,
628leases, conveyances, or other agreements within the provisions
629and purposes of this chapter. The authority is hereby expressly
630authorized to make and enter into contracts, leases,
631conveyances, and other agreements with any political
632subdivisions, agency, or instrumentality of the state and any
633and all federal agencies, corporations, and individuals, for the
634purpose of carrying out the provisions of this chapter.
635     Section 9.  Award of contracts.-
636     (1)(a)  The authority shall adopt a purchasing policy in
637accordance with section 255.20 and chapter 287, Florida
638Statutes, with bidding amounts not to exceed the limits
639contained therein.
640     (b)  All construction, reconstruction, repairs,
641maintenance, or work of any nature made by the authority shall
642comply with the purchasing policy adopted by the authority in
643accordance with section 255.20, Florida Statutes. Nothing in
644this section shall be construed to limit the power of the
645authority to construct, repair, or improve its projects or
646facilities, or any part thereof, or any addition, betterment, or
647extension thereto, directly by the officers, agents, and
648employees of the authority, or otherwise than by contract.
649     (c)  All supplies, equipment, machinery, and materials
650purchased by the authority shall comply with the purchasing
651policy adopted by the authority in accordance with chapter 287,
652Florida Statutes.
653     (2)  No member of the authority or officer or employee
654thereof shall either directly or indirectly be a party to, or be
655in any manner interested in, any contract or agreement with the
656authority for any matter, cause, or thing whatsoever in which
657such member shall have a financial interest or by reason whereof
658any liability or indebtedness shall in any way be created
659against such authority. If any contract or agreement shall be
660made in violation of the provisions of this section the same
661shall be null and void and no action shall be maintained thereon
662against the authority.
663     (3)  Subject to the aforesaid provisions the authority may,
664without intending by this provision to limit any powers of the
665authority, enter into and carry out such contract, or establish
666or comply with such rules and regulations concerning labor and
667materials and other related matters in connection with any
668project, or portion thereof, as the authority may deem desirable
669or as may be requested by the Federal Government or state
670government assisting in the financing of its projects, port
671facilities, and facilities related thereto, or any part thereof;
672provided that the provisions of this section shall not apply to
673any contract or agreement between the authority and any
674engineers, architects, attorneys, or for other professional
675services, or to any contract or agreement relating to fiscal
676advisors, fiscal agents, or investment bankers, relating to the
677financing of projects herein authorized.
678     Section 10.  Execution of documents; examination of
679claims.-All instruments in writing necessary to be signed by the
680authority shall be executed by the chairperson and secretary and
681attested by the seal of the authority. No expenditure of funds
682of the authority shall be made except by voucher approved by the
683authority and signed by its chairperson and treasurer or such
684persons as set forth in the purchasing policy adopted by the
685authority in accordance with Florida Statutes. The authority
686shall provide for the examination of all payrolls, bills, and
687other claims and demands against the authority to determine
688before the same are paid that they are duly authorized, in
689proper form, correctly computed, legally due and payable, and
690that the authority has funds on hand to make payment.
691     Section 11.  Records.-The authority shall keep accurate and
692sufficiently detailed financial records, including source
693documents and books of final entry, on forms and in a manner
694approved by the state auditor. Minutes shall be kept of each
695meeting of the authority and shall reflect all official actions
696of the authority. The minute book shall be properly indexed as
697to subject matter for easy reference thereto. All records of the
698authority shall be open for public inspection at the office of
699the authority during regular business hours, except that no
700individual has the right to monopolize any particular record
701that might be referred to by a large number of persons or the
702use of which might be required by the officer or employee having
703charge of it.
704     Section 12.  Audits.-The records shall be audited annually
705by the state auditor and the authority shall make all records
706necessary for said audit available to the state auditor at the
707time designated by him or her.
708     Section 13.  Chapter 315, Florida Statutes, relating to
709port facilities financing, also applicable.-The provisions of
710chapter 315, Florida Statutes, relating to port facilities
711financing, shall also be applicable to the authority but where
712the provisions of said chapter 315 are inconsistent with the
713provisions of this act, the provisions of this act shall
714prevail.
715     Section 14.  Submerged lands.-The authority shall negotiate
716with the trustees of the internal improvement board for the
717transfer of such islands and submerged lands belonging to the
718state to the authority as will serve a public purpose, subject
719to the riparian rights of the respective owners of the uplands
720adjacent thereto.
721     Section 15.  Declaration of purpose.-The authority created
722by this act and the purposes that it is intended to serve are
723hereby found to be for a county and public purpose. The
724authority is hereby designated as a local governmental body
725within the meaning of Section 10(c) of Article VII of the State
726Constitution and as a local agency within the meaning of such
727term in part II of chapter 159, Florida Statutes, subject to the
728specific limitations and additional grants of power provided in
729this act.
730     Section 16.  Construction.-It is intended that the
731provisions of this act shall be liberally construed to
732accomplish the purposes provided for or intended to be provided
733for herein, and where strict construction would result in the
734defeat of the accomplishment thereof, the liberal construction
735shall be chosen.
736     Section 17.  Surplus funds.-
737     (1)  The Seminole County Port Authority at its discretion
738may transfer to the Seminole County General Fund any moneys
739derived from its operation which are declared to be surplus to
740the needs of the authority. Such transfer may be effected at any
741time or from time to time as determined by the authority.
742     (2)  Such surplus moneys as designated in subsection (1)
743transferred to the general fund may be expended by the board of
744county commissioners for any legal purpose.
745     Section 4.  This act shall take effect upon becoming a law.


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