Florida Senate - 2008 (NP) SB 2888

By Senator Haridopolos

26-03580A-08 20082888__

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A bill to be entitled

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An act relating to the Canaveral Port District, Brevard

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County; amending chapter 2003-335, Laws of Florida;

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amending the powers and duties of the district;

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authorizing the district to establish a direct-support

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organization to receive, hold, invest, and administer

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property, make expenditures to or for the benefit of the

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district, and promote the development and expansion of the

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economic, historical, and cultural contributions of the

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maritime industry of the district; providing powers and

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duties of the organization; providing for membership of

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the board of directors of the organization; providing for

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the budget and financial audit of the organization;

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providing an effective date.

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

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     Section 1.  Section 3 is added to Article VI of chapter

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2003-335, Laws of Florida, to read:

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     Section 3. (a) The Canaveral Port Authority shall have the

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power and authority to establish a direct-support organization to

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receive, hold, invest, and administer property; to make

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expenditures to or for the benefit of the Canaveral Port

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District; and to promote the development and expansion of the

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economic, historical, and cultural contributions of the maritime

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industry of the Canaveral Port District.

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     (b) A direct-support organization established pursuant to

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this section shall be approved by the Canaveral Port Authority

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and be a corporation not for profit, incorporated under the

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provisions of chapter 617, Florida Statutes, and approved by the

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Department of State.

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     (c) The direct-support organization shall be organized and

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operated exclusively to carry out the purposes set forth in

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subsection (a).

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     (d) The direct-support organization is authorized and

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permitted to use property, facilities, and employee services of

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the Canaveral Port Authority subject to the conditions prescribed

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by the Port Authority. The conditions shall provide for budget

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and audit review and oversight by the Port Authority.

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     (e) The direct-support organization shall provide equal

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employment opportunities to all persons, regardless of race,

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color, religion, sex, age, or national origin.

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     (f) The board of directors of the direct-support

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organization shall be appointed by the Port Authority and shall

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include the chairperson of the Port Authority, or his or her

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designee, and the chief executive officer as members. The Port

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Authority shall approve the articles of incorporation and bylaws

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of the direct-support organization and any amendments thereto.

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     (g) The annual budget of the direct-support organization

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shall be presented to and approved by the Port Authority on or

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before the beginning of the fiscal year adopted by the direct-

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support organization.

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     (h) In any fiscal year in which the direct-support

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organization has more than $100,000 in expenditures or expenses,

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the direct-support organization shall provide an annual financial

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audit of its accounts and records, to be conducted by an

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independent certified public accountant in accordance with the

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rules adopted by the Auditor General pursuant to section

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11.45(8), Florida Statutes. The annual audit report shall be

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submitted within 9 months after the end of the fiscal year to the

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Port Authority. The Auditor General and Office of Program Policy

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Analysis and Government Accountability have the authority to

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require and receive from the direct-support organization any

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records relative to the operation of the organization.

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     Section 2.  This act shall take effect upon becoming a law.

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