Senate Bill sb1298

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    Florida Senate - 2004                                  SB 1298

    By Senator Wise





    5-735-04

  1                      A bill to be entitled

  2         An act relating to the Florida Inland

  3         Navigation District; amending s. 374.982, F.S.;

  4         including Nassau County within the jurisdiction

  5         of the district; amending s. 374.983, F.S.;

  6         increasing the membership of the board of

  7         commissioners of the district, to conform;

  8         providing for the appointment of a commissioner

  9         from Nassau County; providing for the initial

10         and subsequent terms of office; amending s.

11         374.984, F.S.; revising an obsolete reference

12         to Dade County; providing for a referendum with

13         respect to the authority of the district to

14         levy an ad valorem tax within Nassau County;

15         providing effective dates.

16  

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

18  

19         Section 1.  Section 374.982, Florida Statutes, is

20  amended to read:

21         374.982  District.--An independent special taxing

22  district to be known as the "Florida Inland Navigation

23  District" is hereby created.  The territorial boundaries of

24  the district shall be the counties of Nassau, Duval, St.

25  Johns, Flagler, Volusia, Brevard, St. Lucie, Martin, Indian

26  River, Palm Beach, Broward, and Miami-Dade Dade. For purposes

27  of this chapter, the term "district" means the Florida Inland

28  Navigation District and the term "board" means the Board of

29  Commissioners of the Florida Inland Navigation District.

30         Section 2.  Subsections (1) and (2) of section 374.983,

31  Florida Statutes, are amended to read:

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 1         374.983  Governing body.--

 2         (1)  A governing body of the district is hereby

 3  created, and shall be known as and designated as the "Board of

 4  Commissioners of the Florida Inland Navigation District," and

 5  shall be composed of 12 11 members who shall be qualified

 6  electors residing in said district, no 2 of whom shall reside

 7  in the same county in the district. The governing body shall

 8  have all powers of a body corporate, including the power to

 9  sue and be sued as a corporation, in its name, and in any

10  court having jurisdiction; to make contracts; to adopt and use

11  a common seal and to alter the same as deemed expedient; to

12  buy, acquire by gift, exchange, condemnation, or otherwise,

13  sell, own, lease (as lessor or lessee), and convey such real

14  estate and personal property as the board may deem proper to

15  carry out the provisions of this act; to appoint and employ

16  such engineers, attorneys, consultants, and such agents and

17  employees as the board may require; to borrow money and issue

18  negotiable promissory notes, bonds and/or other evidences of

19  indebtedness therefor to enable them to carry out the

20  provisions of this act; and generally to do and perform the

21  things necessary to accomplish the purposes of this act.

22         (2)  The present board of commissioners of the district

23  shall continue to hold office until their respective terms

24  shall expire. Thereafter the members of the board shall

25  continue to be appointed by the Governor for a term of 4 years

26  and until their successors shall be duly appointed.

27  Specifically, commencing on January 10, 1997, the Governor

28  shall appoint the commissioners from Broward, Indian River,

29  Martin, St. Johns, and Volusia Counties and on January 10,

30  1999, the Governor shall appoint the commissioners from

31  Brevard, Miami-Dade Dade, Duval, Flagler, Palm Beach, and St.

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 1  Lucie Counties. The Governor shall appoint the commissioner

 2  from Nassau County for an initial term that coincides with the

 3  period remaining in the current terms of the commissioners

 4  from Broward, Indian River, Martin, St. Johns, and Volusia

 5  Counties. Thereafter, the commissioner from Nassau County

 6  shall be appointed to a 4-year term. Each new appointee must

 7  be confirmed by the Senate. Whenever a vacancy occurs among

 8  the commissioners, the person appointed to fill such vacancy

 9  shall hold office for the unexpired portion of the term of the

10  commissioner whose place he or she is selected to fill. Each

11  commissioner under this act before he or she assumes office

12  shall be required to give a good and sufficient surety bond in

13  the sum of $10,000 payable to the Governor and his or her

14  successors in office, conditioned upon the faithful

15  performance of the duties of his or her office, such bond to

16  be approved by and filed with the Chief Financial Officer. Any

17  and all premiums upon such surety bonds shall be paid by the

18  board of commissioners of such district as a necessary expense

19  of the district.

20         Section 3.  Section 374.984, Florida Statutes, is

21  amended to read:

22         374.984  Purpose; powers and duties.--It is the purpose

23  and intent of this act that the board perform and do all

24  things which shall be requisite and necessary to comply with

25  the requirements and conditions imposed upon a "local

26  interest" by the Congress of the United States in the several

27  acts authorizing and directing the improvement and maintenance

28  of the Intracoastal Waterway from St. Mary's River to the

29  southernmost boundary of Miami-Dade Dade County. Said acts

30  include but are not limited to:  the Rivers and Harbors Act

31  approved January 21, 1927, as amended by the River and Harbor

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 1  Act approved July 3, 1930; the River and Harbor Act of June

 2  20, 1938; and s. 107 of the Federal River and Harbor Act of

 3  1960. Pursuant thereto, the powers of the board shall include,

 4  but not be limited to:

 5         (1)  Obtaining by gift, donation, purchase, exchange,

 6  condemnation, or otherwise, and conveying, or causing to be

 7  conveyed, free of cost to the United States, necessary

 8  right-of-way property, and in addition thereto, suitable fee

 9  simple or easement areas (as determined by the board) for the

10  deposit of dredged material in connection with the work of

11  improving or constructing, or both, the aforementioned

12  waterway and its subsequent maintenance, including future

13  improvement of said Intracoastal Waterway, with a view to

14  providing a general depth of 12 feet, more or less, depending

15  upon specific local conditions, referred to the plane of local

16  mean water, and a width appropriate to said depth and such

17  improvements as may be authorized and adopted by the Congress

18  of the United States, and in connection with the subsequent

19  maintenance of said waterway so improved. Prior to acquiring

20  any property for the deposit of dredged material, the district

21  shall inform the county and, if applicable, the municipalities

22  in which the property to be acquired is located of the

23  district's intent to acquire such property and the district

24  shall further hold a public meeting to advise the residents of

25  the area of its intent. Such public meeting shall be noticed

26  in a paper of general circulation in the county in which the

27  meeting is to be held not less than 15 days prior to the

28  meeting, said notice to contain the date, time, and place of

29  the meeting and to identify the potential acquisition site or

30  sites.

31  

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 1         (2)  Obtaining by gift, donation, purchase, exchange,

 2  condemnation, or otherwise, and furnishing, free of cost, to

 3  the United States, any property, property right of every

 4  description, easement, riparian right, interest in property,

 5  and suitable dredged material management areas outside of said

 6  right-of-way that may be necessary to the United States for

 7  the construction, maintenance, or operation of said waterway.

 8         (3)  Contracting for the purchase of any property to be

 9  acquired or obtained by the board under the provisions of this

10  act and paying the purchase price therefor in a lump sum or in

11  installments or deferred payments upon such terms as the board

12  shall determine, said contract of purchase to provide for the

13  payment of interest not to exceed the maximum interest rate

14  permitted by law upon deferred payments. Any acquisition of

15  property, other than by eminent domain, shall be pursuant to

16  rules adopted by the board.

17         (4)  Exercising and using the right of eminent domain,

18  and condemning for the use of the district or to effect the

19  purposes of this act, or both, any and all lands, easements,

20  areas for deposit of dredged materials, right-of-way, riparian

21  rights, and/or property rights of every description required

22  for the public purposes and powers of the board. Such

23  condemnation proceeding shall be maintained by and in the name

24  of the district and the procedures shall be those prescribed

25  and set forth in chapters 73 and 74, as amended from time to

26  time, prescribing the procedure for condemnation by counties,

27  and the same rights and powers shall accrue to said district

28  under such procedures defined and set forth as accruing to the

29  counties in chapters 73 and 74, as well as pursuant to any

30  other general law pertaining thereto, and the district and the

31  board are hereby vested with power and authority to pay such

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    Florida Senate - 2004                                  SB 1298
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 1  judgment or compensation awarded in any such proceedings out

 2  of any fund available for the purchase of right-of-way, areas

 3  for deposit of dredged material, or other property under the

 4  provisions of this act.

 5         (5)  Assuming and/or relieving the United States from

 6  the cost, expense, and/or obligation of constructing,

 7  reconstructing, maintaining, and/or operating any bridge over

 8  said Intracoastal Waterway, whenever, in the judgment of the

 9  board of commissioners, such action is necessary or proper

10  upon its part to fully comply with the requirements and

11  conditions imposed upon "local interests" by the Congress of

12  the United States in the several acts authorizing and

13  directing the improvement, navigability, and maintenance of

14  the Intracoastal Waterway from St. Mary's River to the

15  southernmost boundary of Miami-Dade Dade County; the expense

16  therefor to be paid as a necessary expense of the district.

17  The board is authorized and empowered to contract with the

18  board of county commissioners of each or any county in the

19  district to the end that, for a consideration from the

20  district, said board of county commissioners, or county, shall

21  assume the responsibility for any or all of the following

22  activities:  the construction, reconstruction, maintenance, or

23  operation of any such bridge. Any of said board of county

24  commissioners or county is hereby authorized and empowered to

25  enter into such a contract with the board of the district, and

26  such contract shall be binding and obligatory upon said county

27  or counties and the district.

28         (6)(a)  Contracting directly for, or entering into

29  agreement from time to time with the district engineer of the

30  Jacksonville, Florida, United States Army Corps of Engineers

31  district, or other agency or party, to contribute toward the

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 1  cost of dredging performed on the waterway, to construct

 2  retaining bulkheads, dikes, and levees, to construct ditches

 3  for the control of water discharged by the dredges, and to do

 4  all other work and/or things which, in the judgment of the

 5  board, shall be proper and necessary to produce economies in

 6  meeting the conditions with respect to right-of-way and

 7  dredged material management areas imposed upon a "local

 8  interest" by the Congress of the United States in the several

 9  acts authorizing and directing the improvement, navigability,

10  and maintenance of the Intracoastal Waterway from St. Mary's

11  River to the southernmost boundary of Miami-Dade Dade County.

12         (b)  In order to effectuate the purpose and intent of

13  any law or laws that may heretofore have been, or may

14  hereafter be, enacted by the Congress of the United States,

15  authorizing and directing the Secretary of the Army to make

16  preliminary examinations and surveys of the Intracoastal

17  Waterway from St. Mary's River to the southernmost boundary of

18  Miami-Dade Dade County, the board is authorized and empowered

19  to collect, compile, and furnish to the Secretary of the Army,

20  or his or her officers and agents, data, statistics, and other

21  appropriate information bearing on the advantages, benefits,

22  and increased usefulness that may be expected to accrue to the

23  public and to the counties traversed by the Intracoastal

24  Waterway from St. Mary's River to the southernmost boundary of

25  Miami-Dade Dade County, by reason of any improvement thereof,

26  that may subsequently be authorized by the Congress of the

27  United States.

28         (c)  The board of county commissioners of Monroe County

29  is hereby authorized and empowered to authorize the district

30  to act as the board of county commissioners' agent in all

31  matters pertaining to the extension of the inland waterway

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 1  into Monroe County. The board of county commissioners of

 2  Monroe County is hereby authorized to levy an ad valorem tax

 3  not to exceed 1 mill for the purpose of defraying the expenses

 4  incurred by any action taken under this subsection. Moneys

 5  received as a result of this levy shall be paid into an inland

 6  waterway fund, the establishment of which is herewith

 7  authorized. The district is herewith authorized and empowered

 8  to act as the agent of Monroe County for extending the inland

 9  waterway into Monroe County, to make charges therefor, and to

10  receive payment thereof.

11         (d)  The board is hereby authorized and empowered to

12  expend funds of the district for publicizing the Intracoastal

13  Waterway from St. Mary's River to the southernmost boundary of

14  Miami-Dade Dade County, and its availability to watercraft,

15  and to print and distribute information as to the route,

16  channel, available depth, and utility of said Intracoastal

17  Waterway and such other information and data as may, in the

18  opinion of the board, be desirable, useful, or attractive to

19  give full information regarding said waterway and/or to

20  promote its use in navigation by watercraft of all kinds.

21         (e)  In order to defray the necessary expenses of the

22  district and/or provide funds for expenditures incident to

23  obtaining right-of-way or other property or easements and/or

24  to pay the purchase price of said property and/or to defray

25  other necessary expenses of the district or its board, the

26  board is hereby authorized to borrow moneys from time to time

27  for said purpose or purposes in an amount or amounts such that

28  not in excess of $100,000 indebtedness will be outstanding at

29  any one time.

30  

31  

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 1         (f)  All land owned, now or hereafter, by the district

 2  shall be, and the same is, hereby exempted from taxation of

 3  all kinds.

 4         (g)  When the district desires to dispose of surplus

 5  land, it shall declare such land surplus by resolution of the

 6  board. Copies of said resolution shall be furnished to the

 7  Secretary of Environmental Protection, the chair of the county

 8  commissioners of the county in which the land is located, and,

 9  in the event the land is within a municipality, the mayor of

10  said municipality. If any state agency, county, or

11  municipality desires to utilize said land for outdoor

12  recreation or conservation purposes and the Secretary of

13  Environmental Protection finds that the land is required by

14  the state, county, or city for its recreation or conservation

15  program, it shall notify the district in writing within 60

16  days after receiving a copy of the resolution. Priority shall

17  be in the state, county, and municipality in that order. The

18  land may then be conveyed with or without consideration to the

19  state agency, county, or municipality by the district;

20  provided, however, that said land be used for outdoor

21  recreation or conservation purpose in perpetuity by the

22  appropriate county, municipal, or state agency. If the

23  district does not receive notice as specified above, it may

24  sell the land at public auction.

25         (h)  The district is designated the local interest

26  sponsor for the sole purpose of maintaining navigability of

27  that portion of the Okeechobee Waterway located in Martin

28  County and extending from the Intracoastal Waterway to the St.

29  Lucie lock.

30         Section 4.  This act shall take effect only upon

31  approval of the levy of ad valorem taxation provided in

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 1  section 374.986, Florida Statutes, by a majority vote of the

 2  qualified electors of Nassau County voting in a referendum to

 3  be held in conjunction with any subsequent regular primary or

 4  general election, as determined by the Board of County

 5  Commissioners of Nassau County, except that this section and

 6  section 3 of this act shall take effect upon becoming a law.

 7  

 8            *****************************************

 9                          SENATE SUMMARY

10    Includes Nassau County within the Florida Inland
      Navigation District, subject to approval by the electors
11    of the county. Increases the membership of the board of
      commissioners of the district to conform.
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