Senate Bill sb2120

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    Florida Senate - 2001                                  SB 2120

    By Senator Garcia





    39-1237-01

  1                      A bill to be entitled

  2         An act relating to the efficient administration

  3         of government; amending s. 373.083, F.S.;

  4         authorizing water management districts to

  5         solicit donations; amending s. 373.085, F.S.;

  6         authorizing water management districts to limit

  7         permit durations; amending s. 373.093, F.S.;

  8         authorizing water management districts to lease

  9         certain personal property; creating s. 373.608,

10         F.S.; authorizing water management districts to

11         obtain and enforce patents, copyrights, and

12         trademarks; creating s. 373.610, F.S.; allowing

13         water management districts to bar from future

14         contracts contractors who have defaulted in the

15         past; creating s. 373.611, F.S.; authorizing

16         water management districts to limit or alter

17         damages in certain vendor contracts; amending

18         s. 712.04, F.S.; excluding property of water

19         management districts from operation of the

20         Marketable Record Title Act; providing an

21         effective date.

22

23  Be It Enacted by the Legislature of the State of Florida:

24

25         Section 1.  Subsection (4) of section 373.083, Florida

26  Statutes, is amended to read:

27         373.083  General powers and duties of the governing

28  board.--In addition to other powers and duties allowed it by

29  law, the governing board is authorized to:

30         (4)  Accept or solicit donations or grants of funds or

31  services from both public and private sources for the planning

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    Florida Senate - 2001                                  SB 2120
    39-1237-01




  1  and implementation of district undertakings and delegations,

  2  including, but not limited to, projects, programs, works, and

  3  studies.

  4         Section 2.  Subsection (1) of section 373.085, Florida

  5  Statutes, is amended to read:

  6         373.085  Use of works or land by other districts or

  7  private persons.--

  8         (1)  The governing board has authority to prescribe the

  9  manner in which local works provided by other districts or by

10  private persons will connect with and make use of the works or

11  land of the district, to issue permits therefor and establish

12  the length of time for the permits, and to cancel the permits

13  for noncompliance with the conditions thereof or for other

14  cause.  It is unlawful to connect with or make use of the

15  works or land of the district without consent in writing from

16  its governing board, and the board has authority to prevent

17  or, if done, estop or terminate the same. The use of the works

18  or land of the district for access is governed by this section

19  and is not subject to the provisions of s. 704.01. However,

20  any land or works of the district which have historically been

21  used for public access to the ocean by means of the North New

22  River Canal and its tributaries may not be closed for this

23  purpose unless the district can demonstrate that significant

24  harm to the resource would result from such public use.

25         Section 3.  Subsection (4) is added to section 373.093,

26  Florida Statutes, to read:

27         373.093  Lease of lands or interest in land.--The

28  governing board of the district may lease any lands or

29  interest in land, including but not limited to oil and mineral

30  rights, to which the district has acquired title, or to which

31  it may hereafter acquire title in the following manner, as

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    Florida Senate - 2001                                  SB 2120
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  1  long as the lease is consistent with the purposes for which

  2  the lands or any interest in land was acquired:

  3         (4)  The governing board of the district may lease

  4  existing communications towers and other similar structures

  5  that the district owns for the best price and terms

  6  obtainable, to be determined by the board.

  7         Section 4.  Section 373.608, Florida Statutes, is

  8  created to read:

  9         373.608  Powers; patents, copyrights, and

10  trademarks.--Each district may, in its own name:

11         (1)  Perform all things necessary to secure letters of

12  patent, copyrights, and trademarks on any work products and to

13  enforce its rights therein. Each district shall consider

14  contributions by district personnel in the development of

15  trademarks, copyrights, and patents and shall enter into

16  written contracts with such personnel in each trademark,

17  copyright, or patent.

18         (2)  License, lease, assign, or otherwise give written

19  consent to any person, firm, or corporation for the

20  manufacture or use thereof on a royalty basis or for such

21  other consideration as the applicable governing board

22  considers proper.

23         (3)  Take any action necessary, including legal action,

24  to protect the patents, copyrights, and trademarks against

25  improper or unlawful use or infringement.

26         (4)  Enforce the collection of any sums due the

27  district for the manufacture or use thereof by another party.

28         (5)  Sell any of the patents, copyrights, and

29  trademarks and execute all instruments necessary to consummate

30  such sale.

31

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    Florida Senate - 2001                                  SB 2120
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  1         (6)  Do other acts necessary for the execution of

  2  powers and duties conferred upon the districts in this

  3  section, including adopting rules to administer this section.

  4         Section 5.  Section 373.610, Florida Statutes, is

  5  created to read:

  6         373.610  Defaulting vendors and contractors.--The

  7  district may suspend a contractor from doing work with the

  8  district when the contractor has materially breached its

  9  contract with the district. The district shall provide written

10  notice to the defaulting contractor and afford the contractor

11  a minimum period of 10 days to correct its deficiency. If a

12  contractor does not correct its deficiency within the required

13  time, the district may find the contractor in default and

14  suspend the contractor from doing business with the district.

15  Contractors must be afforded the right to petition for an

16  administrative hearing under s. 120.57 on the district's

17  intended decision to suspend a contractor from doing business

18  with the district. The district shall adopt rules to

19  administer this section.

20         Section 6.  Section 373.611, Florida Statutes, is

21  created to read:

22         373.611  Modification or limitation of remedy.--In

23  order to promote the cost-effective procurement of commodities

24  and contractual services by the water management districts, a

25  district may enter into contracts to limit or alter the

26  measure of damages recoverable from a vendor consistent with

27  s. 672.719.

28         Section 7.  Section 712.04, Florida Statutes, is

29  amended to read:

30         712.04  Interests extinguished by marketable record

31  title.--Subject to the matters stated in s. 712.03, such

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    Florida Senate - 2001                                  SB 2120
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  1  marketable record title shall be free and clear of all

  2  estates, interests, claims, or charges whatsoever, the

  3  existence of which depends upon any act, title transaction,

  4  event or omission that occurred prior to the effective date of

  5  the root of title.  All such estates, interests, claims, or

  6  charges, however denominated, whether such estates, interests,

  7  claims, or charges are or appear to be held or asserted by a

  8  person sui juris or under a disability, whether such person is

  9  within or without the state, whether such person is natural or

10  corporate, or is private or governmental, are hereby declared

11  to be null and void, except that this chapter shall not be

12  deemed to affect any right, title, or interest of the United

13  States, Florida, or any of its officers, boards, commissions,

14  water management districts, or other agencies reserved in the

15  patent or deed by which the United States, Florida, or any of

16  its agencies parted with title.

17         Section 8.  This act shall take effect upon becoming a

18  law.

19

20            *****************************************

21                          SENATE SUMMARY

22    Authorizes water management districts to solicit
      donations, limit the duration of permits, lease specified
23    personal property, obtain and enforce patents,
      copyrights, and trademarks, bar certain contractors from
24    doing business with the district, and limit or alter
      contract damages. Excludes property of water management
25    districts from operation of the Marketable Record Title
      Act.
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