Senate Bill sb2120c2

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    Florida Senate - 2001                    CS for CS for SB 2120

    By the Committees on Judiciary, Natural Resources and Senator
    Garcia




    308-1940-01

  1                      A bill to be entitled

  2         An act relating to water resources; amending s.

  3         373.083, F.S.; authorizing water management

  4         districts to solicit donations; amending s.

  5         373.093, F.S.; authorizing water management

  6         districts to lease certain personal property;

  7         creating s. 373.608, F.S.; authorizing water

  8         management districts to obtain and enforce

  9         patents, copyrights, and trademarks; creating

10         s. 373.610, F.S.; allowing water management

11         districts to bar from future contracts

12         contractors who have defaulted in the past;

13         creating s. 373.611, F.S.; authorizing water

14         management districts to limit or alter damages

15         in certain vendor contracts; providing an

16         effective date.

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

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

21  Statutes, is amended to read:

22         373.083  General powers and duties of the governing

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

24  law, the governing board is authorized to:

25         (4)  Solicit and accept donations or grants of funds or

26  services from both public and private sources for the planning

27  and implementation of district undertakings and delegations,

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

29  studies.

30         Section 2.  Subsection (4) is added to section 373.093,

31  Florida Statutes, to read:

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    Florida Senate - 2001                    CS for CS for SB 2120
    308-1940-01




  1         373.093  Lease of lands or interest in land.--The

  2  governing board of the district may lease any lands or

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

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

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

  6  long as the lease is consistent with the purposes for which

  7  the lands or any interest in land was acquired:

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

  9  existing communications towers and other similar structures

10  that the district owns or that it may hereafter acquire, for

11  the best price and terms obtainable, to be determined by the

12  board.

13         Section 3.  Section 373.608, Florida Statutes, is

14  created to read:

15         373.608  Powers; patents, copyrights, and

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

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

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

19  enforce its rights therein. Each district shall consider

20  contributions by district personnel in the development of

21  trademarks, copyrights, and patents and shall enter into

22  written contracts with such personnel in each trademark,

23  copyright, or patent.

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

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

26  manufacture or use of such district work products on a royalty

27  basis or for such other consideration as the applicable

28  governing board considers proper.

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

30  to protect such district work products against improper or

31  unlawful use or infringement.

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    Florida Senate - 2001                    CS for CS for SB 2120
    308-1940-01




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

  2  district for the manufacture or use of such district work

  3  products by another party.

  4         (5)  Sell any of such district work products and

  5  execute all instruments necessary to consummate such sale.

  6         (6)  Do all other acts necessary for the execution of

  7  powers and duties conferred upon the districts in this

  8  section, including adopting rules, as necessary, to administer

  9  this section.

10         Section 4.  Section 373.610, Florida Statutes, is

11  created to read:

12         373.610  Defaulting vendors and contractors.--The

13  district shall suspend a contractor, on a temporary or

14  permanent basis, from doing work with the district if such

15  contractor has materially breached its contract with the

16  district. The district shall adopt rules to administer the

17  provisions of this section to specify the circumstances and

18  conditions that constitute a materially breached contract and

19  conditions that constitute the period for temporary or

20  permanent suspension and for reinstatement.

21         Section 5.  Section 373.611, Florida Statutes, is

22  created to read:

23         373.611  Modification or limitation of remedy.--In

24  order to promote the cost-effective procurement of commodities

25  and contractual services by the water management districts, a

26  district may enter into contracts that limit or alter the

27  measure of damages recoverable from a vendor consistent with

28  s. 672.719.

29         Section 6.  This act shall take effect upon becoming a

30  law.

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    Florida Senate - 2001                    CS for CS for SB 2120
    308-1940-01




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                            CS/SB 2120

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  4  Mandates (in lieu of authorizes) the water management district
    to suspend a contractor, on a temporary or permanent basis,
  5  from doing work with the district if there is a finding of a
    material breach of contract.
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