House Bill hb0897er

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  2         An act relating to Clay County; providing for

  3         codification of special acts pursuant to s.

  4         189.429, F.S., relating to the Clay County

  5         Development Authority, an independent special

  6         district; providing legislative intent;

  7         codifying, reenacting, and amending chapters

  8         57-1226, 61-2004, 63-1223, and 72-504, Laws of

  9         Florida; providing for minimum charter

10         requirements; providing for liberal

11         construction; providing a saving clause in the

12         event any provision of the act is deemed

13         invalid; repealing chapters 57-1226, 61-2004,

14         63-1223, and 72-504, Laws of Florida, 10 days

15         after effective date of act; providing an

16         effective date.

17

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

19

20         Section 1.  Intent.--Pursuant to section 189.429,

21  Florida Statutes, this act constitutes the codification of all

22  special acts relating to the Clay County Development

23  Authority. It is the intent of the Legislature in enacting

24  this law to provide a single, comprehensive special act in

25  accordance with section 189.429, Florida Statutes, including

26  all current legislative authority granted by its several

27  legislative enactments and any additional authority granted by

28  this act.

29         Section 2.  Codification.--Chapters 57-1226, 61-2004,

30  63-1223, and 72-504, Laws of Florida, relating to the Clay

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  1  County Development Authority, are codified, reenacted,

  2  amended, and repealed as herein provided.

  3         Section 3.  The charter for the Clay County Development

  4  Authority is re-created and reenacted to read:

  5         Section 1.  Short title.--This act may be cited as the

  6  "Clay County Development Authority Act."

  7         Section 2.  Definitions.--The following words and

  8  phrases as used in this act shall have the respective meanings

  9  set forth unless a different meaning is plainly required by

10  the context:

11         (1)  "Authority" shall mean the Clay County Development

12  Authority created by this act.

13         (2)  "Project" shall be deemed to mean and include the

14  acquisition of lands, properties, and improvements for

15  development, expansion, and promotion of industry, commerce,

16  agriculture, natural resources, and vocational training and

17  the construction of buildings and plants for the purpose of

18  selling, leasing, or renting such structures to private

19  persons, firms, or corporations.

20         (3)  "Cost of project" shall embrace the cost of

21  construction, the cost of all lands, properties, easements,

22  rights, and franchises acquired, the cost of machinery and

23  equipment, financing charges, interest prior to and during

24  construction, cost of engineering, architectural, and legal

25  expense, and plans and specifications and other expenses

26  necessary or incident to determining the feasibility or

27  practicability of the project, administrative expenses, and

28  such other expenses as may be necessary or incident to the

29  financing herein authorized for the construction of any

30  project and placing the same in operation.

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  1         Section 3.  Authority, creation, and purpose.--For the

  2  purpose of performing such acts as shall be necessary for the

  3  sound planning for and development of Clay County, there is

  4  created a body corporate and politic to be known as the Clay

  5  County Development Authority which shall be deemed to be a

  6  public corporation by the name, which body may contract and be

  7  contracted with and sue and be sued in all courts of law and

  8  equity.

  9         Section 4.  Membership; appointment; term of office.--

10         (1)  The Authority shall be composed of ten members,

11  each of whom shall be a qualified elector of Clay County.

12  Beginning in 1975, the Governor shall appoint five members for

13  2 years and five members for 4 years. Thereafter, the Governor

14  shall appoint all members of the Authority to a 4-year term.

15  Such appointment shall be made by the Governor from the county

16  at large, except appointments to fill vacancies shall be for

17  the unexpired term only.

18         (2)  The provisions of this section shall not affect

19  the terms of office of those members of the Authority whose

20  terms expire in 1975.

21         Section 5.  Officers.--The Authority shall elect from

22  its membership at its organizational meeting, and annually

23  thereafter, a chair, a vice chair, a secretary, and a

24  treasurer. The Authority may also elect an assistant secretary

25  who is not a member of the Authority and who shall be

26  authorized to act as secretary for the board in the event of

27  the absence or unavailability of the secretary.

28         Section 6.  Quorum; transaction of business.--Any five

29  members shall constitute a quorum for the transaction of the

30  ordinary business of the Authority. However, any action with

31  respect to any project of the Authority must be approved by


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  1  not less than five affirmative votes. Business shall only be

  2  transacted at regularly scheduled or emergency meetings and

  3  duly recorded in the minutes thereof.

  4         Section 7.  Compensation; travel expenses.--Members of

  5  the Authority shall serve without compensation but shall be

  6  reimbursed for travel expenses incurred in the performance of

  7  their duties as members of the Authority.

  8         Section 8.  Authority of county and cities to

  9  contract.--The County of Clay and all incorporated cities

10  therein are expressly authorized to enter into contracts with

11  the Authority as a public corporation.

12         Section 9.  Powers and duties.--The Clay County

13  Development Authority shall have the following powers:

14         (1)  To have a seal and alter the same at pleasure.

15         (2)  To acquire, hold, and dispose of personal

16  property, including the stock of other corporations, for its

17  corporate purposes.

18         (3)  To enter into contracts with the County of Clay

19  and all incorporated cities therein.

20         (4)  To acquire in its own name by purchase, on such

21  terms and conditions and in such manner as it may deem proper,

22  real property or liens or easements therein or franchises

23  necessary or convenient for its corporate purposes, and to use

24  the same, and to lease or make contracts with respect to the

25  use or disposition of same in any manner the Authority deems

26  to its best advantage. If the Authority shall deem it

27  expedient to construct any project, or use any project already

28  constructed, on lands the title to which shall then be in the

29  County of Clay or any one of its incorporated cities, the

30  governing authorities of such county and cities are

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  1  authorized, in their discretion, to convey title to such

  2  lands, including any improvements thereon, to the Authority.

  3         (5)  To select and appoint agents and employees,

  4  including engineers, architects, builders, and attorneys, and

  5  to fix their compensation.

  6         (6)  To make contracts and to execute all instruments

  7  necessary or convenient, including contracts for construction,

  8  lease, rental, and sale of projects or contracts with respect

  9  to the use of projects which it erects or acquires.

10         (7)  To construct, erect, acquire, own, repair,

11  remodel, maintain, extend, improve, equip, operate, and manage

12  projects, self-liquidating or otherwise, located on property

13  owned or leased by the Authority, and to pay the cost of any

14  such project from the proceeds of revenue-anticipation

15  certificates of the Authority or from any grant from the

16  County of Clay or any of the incorporated cities therein, or

17  from any grant from the state, or from any contribution or

18  loan by persons, firms, or corporations, all of which the

19  Authority is hereby authorized to receive and accept and use.

20         (8)  To borrow money for any of its corporate purposes

21  and to execute notes, mortgages, deeds to secure debt, trust

22  deeds, and such other instruments as may be necessary or

23  convenient to evidence and secure such borrowing.

24         (9)  To exercise any power granted by the laws of

25  Florida to public or private corporations performing similar

26  functions which is not in conflict with the State Constitution

27  and the laws of Florida.

28         (10) To do all things necessary or convenient to carry

29  out the powers expressly conferred by this act.

30         (11) To adopt, alter, or repeal its own bylaws, rules,

31  and regulations governing the manner in which its business may


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  1  be transacted and in which the power granted to it may be

  2  enjoyed as the Authority may deem necessary or expedient in

  3  facilitating its business.

  4         (12)  The Clay County Development Authority is hereby

  5  authorized to issue negotiable revenue bonds or negotiable

  6  revenue certificates to finance in whole or in part the cost

  7  of any of the projects, works, undertakings, improvements, or

  8  facilities expressed in this act, and to pledge to the

  9  payments of said bonds or certificates and the interest

10  thereon all or any part of the revenues of any one or more of

11  such projects, works, undertakings, improvements, or

12  facilities, and may mortgage or pledge any of its real estate,

13  personal property, or franchises to secure the payment of the

14  bonds or certificates issued for money borrowed to finance

15  such projects, works, undertakings, improvements, or

16  facilities. Said Authority shall have the power to make all

17  contracts, execute all instruments, and do all things

18  necessary or convenient in the exercise of the power herein

19  granted, or in the performance of its covenants and duties, or

20  in order to secure the payment of such bonds or certificates,

21  provided no encumbrance, mortgage, or pledge of property of

22  the County of Clay or of any municipality or district therein

23  is created hereby, and provided no debt on the credit of the

24  State of Florida, the County of Clay, or any municipality is

25  incurred in any manner for any purpose. Such revenue bonds or

26  certificates shall bear interest at such rate or rates, not

27  exceeding the maximum rate of interest per annum as then

28  provided for by applicable law for such obligations, shall be

29  payable semiannually, may bear such date or dates, may mature

30  at such time or times, not exceeding 30 years from their

31  respective dates, may be payable at such place or places, may


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  1  contain such registration privileges, may be subject to such

  2  terms of redemption, may be executed in such manner, may

  3  contain such terms, covenants, and conditions, and may be in

  4  such form, either coupon or registered, as the resolution

  5  authorizing the issuance thereof may provide. They may be sold

  6  at either public or private sale at not less than 95 per

  7  centum of their par value, with accrued interest to date of

  8  delivery, and if sold at public sale, the Authority may

  9  prescribe the manner of giving notice of such sale.

10         (13) To perform such powers and duties as may from time

11  to time be authorized by the Legislature.

12         Section 10.  Creation of state and county debts

13  prohibited.--The Authority shall not be empowered or

14  authorized in any manner to create a debt as against the State

15  of Florida, the County of Clay, or any of the incorporated

16  cities therein.

17         Section 11.  Audit.--The books and records of the

18  Authority shall be audited at least annually, at the expense

19  of the Authority, by a competent auditor. The Authority shall

20  furnish copies of said audit to the County of Clay.

21         Section 12.  Minimum charter requirements.--In

22  accordance with section 189.404(3), Florida Statutes, the

23  following subsections shall constitute the minimum charter

24  requirements of the Clay County Development Authority:

25         (1)  The Authority is organized and exists as an

26  independent special district of the State of Florida, for all

27  purposes set forth in this act and chapter 189, Florida

28  Statutes, as they may be amended from time to time.

29         (2)  The powers, functions, and duties of the Authority

30  regarding bond issuance, other revenue-raising capabilities,

31  budget preparation and approval, and contractual agreements


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  1  shall be as set forth in this act and in chapter 189, Florida

  2  Statutes, or any other applicable general or special law, as

  3  they may be amended from time to time.

  4         (3)  The Authority was originally created by special

  5  act of the Legislature through the enactment of chapter

  6  57-1226, Laws of Florida, pursuant to the petition process

  7  formerly contained in chapter 390, Florida Statutes (1951).

  8         (4)  The Authority's charter may be amended only by

  9  special act of the Legislature.

10         (5)  The requirements for members who constitute the

11  governing board of the Authority shall be as set forth in

12  section 4. The organization of the members of the governing

13  board of the Authority shall be as set forth in section 5,

14  with such additional committees of the board comprised of

15  members as appointed from time to time by the chair of the

16  Authority. The quorum requirements for action by the governing

17  board of the Authority shall be as set forth in section 6.

18         (6)  The maximum compensation of the members of the

19  Authority shall be as set forth in section 7.

20         (7)  The administrative duties of the members of the

21  Authority shall consist of attending regularly scheduled and

22  emergency meetings of the governing board of the Authority,

23  regularly scheduled and emergency committee meetings on which

24  such member serves, and otherwise as permitted and authorized

25  by this act, chapter 189, Florida Statutes, and any other

26  general or special law, as they may be amended from time to

27  time.

28         (8)  The Authority shall comply with all applicable

29  financial disclosure, noticing, and reporting requirements.

30         (9)  The Authority shall be authorized to issue bonds

31  as provided for in section 9(12).


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  1         (10)  The methods of financing the Authority shall be

  2  those authorized by this act, and any other methods permitted

  3  by applicable general or special laws, as the same may be

  4  amended from time to time.

  5         (11)  The Authority may collect sums due to it in any

  6  manner authorized by this act, or as otherwise authorized by

  7  any applicable general or special laws, as the same may be

  8  amended from time to time.

  9         (12)  The Authority may engage in any planning

10  activities and functions consistent with its public purpose.

11         (13)  The geographic boundaries of the Authority shall

12  be the same as the geographic boundaries of Clay County,

13  Florida.

14         Section 4.  Construction.--This act, being for the

15  purpose of developing and promoting the public good and the

16  welfare of the County of Clay and the incorporated cities

17  therein and their inhabitants, shall be liberally construed to

18  effect the purposes thereof.

19         Section 5.  Invalidity.--It is declared to be the

20  legislative intent that if any section, subsection, sentence,

21  clause, or provision of this act is held invalid, the

22  remainder of the act shall not be affected.

23         Section 6.  Repeal of prior special acts.--Chapters

24  57-1226, 61-2004, 63-1223, and 72-504, Laws of Florida,

25  relating to the Clay County Development Authority, shall be

26  repealed 10 days after the effective date of this act.

27         Section 7.  This act shall take effect upon becoming a

28  law.

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