HB 1545

1
A bill to be entitled
2An act relating to the Seminole County Port Authority,
3Seminole County; codifying, amending, reenacting, and
4repealing chapters 65-2270, 67-2073, 67-2074, 67-2078, 70-
5946, 71-923, 72-695, 72-696, 75-504, 76-487, and 88-447,
6Laws of Florida; providing for warrants to be signed by
7the chairperson, treasurer, or certain other persons;
8providing that the authority may hold its books open for a
9specified period after the end of the fiscal year;
10providing that the authority shall comply with general law
11for cost of construction and supplies; providing for
12execution of documents and examination of claims;
13providing for charter to supersede chapter 315, F.S., in
14certain circumstances; providing an effective date.
15
16Be It Enacted by the Legislature of the State of Florida:
17
18     Section 1.  (1)  The reenactment of existing law in this
19act shall not be construed as a grant of additional authority to
20or to supersede the authority of any entity pursuant to law.
21Exceptions to law contained in any special act that are
22reenacted pursuant to this act shall continue to apply.
23     (2)  The reenactment of existing law in this act shall not
24be construed to modify, amend, or alter any covenants,
25contracts, or other obligations of the district with respect to
26bonded indebtedness. Nothing pertaining to the reenactment of
27existing law in this act shall be construed to affect the
28ability of the district to levy and collect taxes, assessments,
29fees, or charges for the purpose of redeeming or servicing
30bonded indebtedness of the district.
31     Section 2.  Chapters 65-2270, 67-2073, 67-2074, 67-2078,
3270-946, 71-923, 72-695, 72-696, 75-504, 76-487, and 88-447, Laws
33of Florida, are amended, codified, reenacted, and repealed as
34provided herein.
35     Section 3.  The Seminole County Port Authority is re-
36created, and its charter is re-created and reenacted to read:
37     Section 1.  Seminole County Port Authority.--There is
38hereby created and established a body politic and corporate to
39be known as the Seminole County Port Authority (hereinafter
40referred to as the "authority"). The facility to be operated by
41the authority shall be known as the Port of Sanford and is
42authorized to exercise the jurisdiction, powers, and duties
43herein granted.
44     (1)  The governing body of the authority shall consist of
45nine members, eight of whom shall be appointed by the Board of
46County Commissioners of Seminole County. Such appointees shall
47be residents of Seminole County who are qualified electors, none
48of whom shall be an elected public official. One member shall be
49selected annually by the Board of County Commissioners of
50Seminole County from the board of county commissioners to serve
51as the ninth member whose term shall expire on the first Tuesday
52after the first Monday in January of the year next succeeding
53his or her appointment. The remaining eight members shall be
54appointed to serve terms of 4 years each. Each appointed member
55shall hold office until his or her successor has been appointed
56and has qualified. A vacancy occurring during the term of an
57appointed member shall be filled only for the balance of the
58unexpired term.
59     (2)  The authority shall elect one of its members as
60chairperson of the authority and a second member as vice
61chairperson of the authority. The authority shall also elect a
62secretary and a treasurer to perform such duties as the
63authority may direct.
64     (3)  Five members of the authority shall constitute a
65quorum, and at least five members must approve any action to be
66taken by the authority. Resolutions adopted by the vote of at
67least five members of the authority shall become effective
68without further action by the authority. Each member of the
69authority shall have one vote. The yeas and nays shall be called
70and entered upon the minutes of each meeting upon the passage of
71each resolution or other action of the authority.
72     (4)  All warrants drawn for the disbursement of funds of
73the authority shall be signed by its chairperson and treasurer
74or such persons as set forth in the purchasing policy adopted by
75the authority in accordance with general law. Bonds or
76additional bonds of the chairperson, the treasurer, and any
77person employed by the authority as hereinafter provided who
78handle or are responsible for public funds of the authority
79shall be provided by the authority in amounts approved by the
80Board of County Commissioners of Seminole County.
81     (5)  The authority shall hold a regular meeting each month
82on a date and at a time in Seminole County fixed by resolution
83of the authority and properly recorded in its minutes. The
84authority may change its regular meeting date only after
85appropriate public notice. Special meetings may be called upon
86the call of its chairperson or any three members of the
87authority. Such special meetings shall be held in Seminole
88County and whenever possible appropriate public notice thereof
89shall be given. All meetings of the authority shall be open to
90the public.
91     (6)  The members of the authority shall receive no
92compensation but shall receive reimbursement for per diem and
93travel expenses incurred in connection with their official
94duties as provided in section 112.061, Florida Statutes.
95Reimbursement of said per diem and expenses to members of the
96authority shall be made only pursuant to approval of the
97authority and proper travel expense vouchers.
98     (7)  The authority shall employ and fix the compensation of
99a managing director who shall manage the affairs of the
100authority under the supervision and control of the authority.
101The authority may employ such engineers, attorneys, certified
102public accountants, consultants, and employees as the authority
103may require, and fix and pay their compensation.
104     (8)  The authority may do any and all things necessary to
105accomplish the purposes of this act.
106     (9)  The fiscal year of the authority shall end on
107September 30th of each year.
108     Section 2.  Definitions.--The following words and terms
109shall be taken to include the following meanings when the
110context shall require or permit:
111     (1)  "Authority" shall mean the body politic created by
112this act.
113     (2)  "County" shall mean the County of Seminole.
114     (3)  "City" shall mean any incorporated municipality.
115     (4)  "State" shall mean the State of Florida and any
116department, corporation, agency, or instrumentality thereof.
117     (5)  "Federal agency" shall mean and include the United
118States, the President of the United States, and any department
119or corporation, agency, or instrumentality thereof heretofore or
120hereafter created, designated, or established by the United
121States.
122     (6)  "Projects" shall mean harbor, port, and shipping
123facilities of all kinds, including, but not limited to, harbors,
124channels, turning basins, anchorage areas, jetties, breakwaters,
125waterways, canals, locks, tidal basins, wharves, docks, piers,
126slips, bulkheads, public landings, warehouses, terminals,
127refrigerating and cold storage plants, railroads and motor
128terminals for passengers and freight, rolling stock, car
129ferries, boats, conveyors and appliances of all kinds for the
130handling, storage, inspection, and transportation and service
131buildings, roads, toll highways, tunnels, causeways, and bridges
132connected therewith or incident or auxiliary thereto, and may
133include all property, structures, facilities, rights, easements,
134and franchises relating to any such project and deemed necessary
135or convenient for the acquisition, construction, purchase, or
136operation thereof. The word "projects" shall also embrace
137capital projects for port facilities and industrial or
138manufacturing plants as contemplated by Section 10(c) of Article
139VII of the State Constitution and projects as defined and
140authorized under part II of chapter 159, Florida Statutes;
141provided, however, that such industrial or manufacturing plants
142shall be located only on property owned by the authority on the
143effective date of this act.
144     (7)  "Cost," as applied to improvements, shall mean the
145cost of constructing or acquiring improvements and shall embrace
146the cost of all labor and materials, the cost of all machinery
147and equipment, financing charges, the cost of engineering and
148legal expenses, plans, specifications, and such other expenses
149as may be necessary or incident to such construction or
150acquisition.
151     (8)  "Cost," as applied to a project acquired, constructed,
152extended, or enlarged, shall include the purchase price of any
153project acquired; the cost of improvements; the cost of such
154construction, extension, or enlargements; the cost of all lands,
155properties, rights, easements, and franchises acquired; the cost
156of all machinery and equipment; financing charges; interest
157during construction; and, if deemed advisable, for 1 year after
158completion of construction, cost of investigations and audits,
159and of engineering and legal services, and all other expenses
160necessary or incident to determining the feasibility or
161practicability of such acquisition or construction,
162administrative expenses, and such other expenses as may be
163necessary or incident to the financing herein authorized and to
164the acquisition or construction of a project and the placing of
165the same in operation. Any obligation or expense incurred by the
166authority prior to the issuance of revenue bonds under the
167provision of this act for engineering studies and for estimates
168of cost and of revenues and for other technical, financial, or
169legal services in connection with the acquisition or
170construction of any project may be regarded as a part of the
171cost of such project.
172     Section 3.  Powers.--The authority shall have the following
173specific powers, in addition to other powers otherwise
174conferred:
175     (1)  To construct, acquire, establish, improve, extend,
176enlarge, reconstruct, reequip, maintain, repair, and operate or
177purchase any project as herein defined.
178     (2)  Subject to the jurisdiction of the United States and
179the state, to construct, establish, and improve harbors; to
180improve navigable waters; and to construct and maintain canals,
181slips, turning basins, and channels, all upon such terms and
182conditions as may be required by the United States and the
183state.
184     (3)  To acquire for any project authorized by this act by
185grant, purchase, gift, devise, condemnation by eminent domain
186proceedings, exchange, or in any other manner, all property,
187real or personal, or any estate or interest therein, upon such
188terms and conditions as the authority shall by resolution fix
189and determine. The right of eminent domain herein conferred
190shall be exercised by the authority in the manner provided by
191law.
192     (4)  To borrow money for any authorized purpose, evidencing
193such obligation by promissory notes, mortgages upon all or any
194part of its assets, revenue certificates, certificates of
195indebtedness, or other appropriate financing documents. Any
196obligation of the authority that pledges any of the fixed assets
197of the authority as security for such obligation or that pledges
198the full faith and credit of the authority shall bear an
199interest rate not to exceed the lawful rate as established by
200law. Any obligation of the authority that does not directly
201pledge any of its fixed assets or pledge its full faith and
202credit, including, but not limited to, obligations contemplated
203by chapter 159, Florida Statutes, shall bear interest at a rate
204or rates to be established by the authority not exceeding 10
205percent per annum.
206     (5)  To enter into joint arrangements with steamship lines,
207railroads, or other transportation lines, or any contract,
208private, or common carrier, if the authority shall deem it
209advantageous so to do.
210     (6)  To make and enter into all contracts and agreements
211and to do and perform all acts and deeds necessary and
212incidental to the performance of its duties and the exercise of
213its powers; to make and execute leases or agreements for the use
214and occupation of the property and projects under its control on
215such terms, conditions, and period of time as the authority may
216determine, provided, however, that any lease or agreement for a
217period exceeding 10 years shall be first authorized and approved
218by the affirmative vote of not fewer than 5 members of the
219authority; and to sell and dispose of such property and projects
220as shall no longer be needed for the uses and purposes of the
221authority on such terms and conditions as shall be prescribed by
222resolution of the authority, provided, however, that before
223disposing of any real property that was acquired from either the
224city or county under the provisions of this act, the authority
225shall give written notice to the governmental unit from which
226such real property was acquired. If said governmental unit
227desires to accept a reconveyance of said real property, it shall
228give the authority written notice of such intention within 30
229days after the date of mailing of the authority's notice
230regarding the disposal of such property and the authority shall
231make the reconveyance of such property to said governmental unit
232forthwith. If within such 30 days said governmental unit does
233not notify the authority in writing of a desire to accept a
234reconveyance of said property, or refuses to accept a
235reconveyance of same, the authority may sell and dispose of same
236on such terms and conditions as shall be prescribed by
237resolution of the authority.
238     (7)  To the extent permitted by law to fix, regulate, and
239collect rates and charges for the services and facilities
240furnished by any project under its control; to establish, limit,
241and control the use of any project as may be deemed necessary to
242ensure the proper operation of the project; and to impose
243sanctions to promote and enforce compliance with any rule or
244regulation that the authority may adopt in the regulation of the
245ports, harbors, wharves, docks, and other projects under its
246control.
247     (8)  To fix the rates of wharfage, dockage, warehousing,
248storage, and port and terminal charges for the use of the port
249and harbor facilities located within said county and owned or
250operated by said authority.
251     (9)  To solicit shipping and other business and do all
252things necessary or advisable to promote commerce and increase
253tonnage through the Port of Sanford.
254     (10)  To receive and accept from any federal or state
255agency grants for or in aid of the planning, development,
256construction, improvement, or operation of any project and to
257receive and accept contributions from any source of either
258money, property, labor, or other things of value.
259     (11)  To make any and all applications required by the
260Treasury Department and other departments or agencies of the
261United States Government as a condition precedent to the
262establishment within the county of a free port, foreign trade
263zone, or area for the reception from foreign countries of
264articles of commerce; to expedite and encourage foreign commerce
265and the handling, processing, and delivery thereof into foreign
266commerce from the payment of custom duties and to enter into any
267agreements required by such departments or agencies in
268connection therewith; and to make like applications and
269agreements with respect to the establishment within said county
270of one or more bonded warehouses.
271     (12)  To enter into any contract with the state, the United
272States Government, or any agency of said governments, which may
273be necessary in order to produce assistance, appropriations, and
274aid for the deepening, widening, and extending of channels and
275turning basins, and building and constructing slips, wharves,
276breakwaters, jetties, bulkheads, and any and all other harbor
277and navigation improvements and facilities.
278     (13)  To make or cause to be made such surveys,
279investigations, studies, borings, maps, plans, drawings, and
280estimates of cost and revenues as it may deem necessary, and may
281prepare and adopt a comprehensive plan or plans for the
282location, construction, improvement, and development of any
283project.
284     (14)  To grant exclusive or nonexclusive franchises to
285persons, firms, or corporations for the operation of
286restaurants, cafeterias, bars, cigar and cigarette stands,
287newsstands, buses, taxicabs, vending machines, hotels, motels,
288service stations, and other concessions in, on, and in
289connection with any project owned and operated by the authority.
290In granting such franchises it shall be the duty of the
291authority to investigate and consider the qualifications and
292ability of the lessee or concessionaires to provide or perform
293the contemplated services for the public using the facilities
294and the revenues that will be derived therefrom by the authority
295and to exercise sound prudent business judgment on behalf of the
296authority with respect thereto, calling for bids when the
297interests of the public will best be served by such action.
298     (15)  To enter into contracts with utility companies or
299others for the supplying by said utility companies or others of
300water, gas, sewerage services, electricity, and telephone
301service or any other services to or in connection with any
302project.
303     (16)  To pledge by resolution or contract the revenues
304arising from the operation of any project or projects owned and
305operated by the authority to the payment of the cost of
306operation, maintenance, repair, improvement, extension, and
307enlargement of the project or projects from the operation of
308which such revenues are received and for the payment of
309principal and interest on bonds issued in connection with any
310such project or projects, and to combine for financing purposes
311any two or more projects constructed or acquired by the
312authority under the provisions of this act. In any such case the
313authority may adopt separate budgets for the operation of such
314project or projects. In every such case such revenues shall be
315expended exclusively for the payment of the costs of operation,
316maintenance, repair, improvement, extension, and enlargement of
317the project or projects from the operation of which such
318revenues arise, for the performance of the authority's contracts
319in connection with such project or projects, and for the payment
320of principal and interest requirements of any bonds issued in
321connection with the project or projects. Any surplus of such
322funds remaining on hand at the end of any year shall be carried
323forward and may be expended in the succeeding year for the
324payment of the costs of operation of such project or projects or
325for the repair, improvement, and extension thereof as the
326authority may determine, unless such surplus has been pledged
327for the payment of principal and interest on bonds, as
328authorized in subsection (17), in which event any such surplus
329shall be applied in accordance with the resolution pledging the
330same.
331     (17)(a)  The authority is authorized to issue general
332obligation bonds or revenue bonds of said authority for the
333purpose of paying all or a part of the cost of any one or more
334projects as herein defined, including the cost of enlargement,
335expansion, and development of such project whether the property
336used therefor has previously been acquired or not, and the cost
337of removing therefrom or relocating or reconstructing at another
338location any buildings, structures, or facilities which in the
339opinion of such authority constitute obstructions or hazards to
340the safe or efficient operation of any such project, and for the
341purpose of paying off and retiring any bonds issued or assumed
342under the provisions of this act.
343     (b)  The bonds of each issue shall be authorized by
344resolution of the authority and shall be dated; shall bear
345average interest at such rate or rates not exceeding the lawful
346rate of interest as is established by law; shall mature at such
347time or times not exceeding 40 years from their date or dates,
348as may be determined by the authority; and may be made
349redeemable before maturity, at the option of the authority, at
350such price or prices and under such terms and conditions as may
351be fixed by the authority prior to the issuance of the bonds.
352The authority shall determine the form of bonds, including any
353interest coupons to be attached thereto; the manner of execution
354of the bonds; and fix the denomination or denominations of the
355bonds and the place or places of payment of principle and
356interest, which may be at any bank or trust company within or
357without the state. The resolution authorizing the issuance of
358the bonds shall contain such provisions relating to the use of
359the proceeds from the sale of the bonds and for the protection
360and security of holders of the bonds, including their rights and
361remedies, and the rights, powers, privileges, duties, and
362obligations of the authority with respect to the same, as shall
363be determined by the authority. In case any officer whose
364signature or facsimile of whose signature shall appear on any
365bonds or coupons shall cease to be such officer before the
366delivery of such bonds, such signature or such facsimile shall
367nevertheless be valid and sufficient for all purposes the same
368as if he or she had remained in office until such delivery. All
369bonds issued under the provisions of this act shall have and are
370hereby declared to have all the qualities and incidents of
371negotiable instruments under the negotiable instruments law of
372the state. The bonds may be issued in coupon or in registered
373form, or both, as the authority may determine, and provision may
374be made for the registration of any coupon bonds as to principal
375alone and also as to both principal and interest and for the
376reconversion into coupons bonds of any bonds registered as to
377both principal and interest. The issuance of such bonds shall
378not be subject to any limitations or conditions contained in any
379other law.
380     (c)  Prior to any sale of bonds the authority shall cause
381notice to be given by publication in some daily newspaper
382published and having a general circulation in the county that
383the authority will receive bids for the purchase of the bonds at
384the office of the authority in the county. Said notice shall be
385published twice and the first publication shall be given not
386less than 15 days prior to the date set for receiving the bids.
387Said notice shall specify the amount of the bonds offered for
388sale, shall state that the bids shall be sealed bids, and shall
389give the schedule of the maturities of the proposed bonds and
390such other pertinent information as may be prescribed in the
391resolution authorizing the issuance of such bonds or any
392resolution subsequent thereto. Bidders may be invited to name
393the rate or rates of interest that the bonds are to bear or the
394authority may name rates of interest and invite bids thereon. In
395addition to publication of notice of the proposed sale the
396authority shall also give notice in writing of the proposed sale
397enclosing a copy of such advertisement to the chairperson of the
398State Board of Administration and to at least three recognized
399bond dealers in the state, such notices to be given not less
400than 10 days prior to the date set for receiving the bids.
401     (d)  All bonds and refunding bonds issued pursuant to this
402chapter shall be sold at public sale and shall be awarded to the
403bidder whose bid produces the lowest net interest cost to the
404authority. The net interest cost of bids shall be determined by
405taking the aggregate amount of interest at the rate or rates
406specified in the bids, computed from the date of the bonds to
407the date of the various stated maturities thereof, and deducting
408therefrom the amount of any premium offered in excess of the par
409value of the bonds or adding thereto the amount of any discount
410offered below the par value of the bonds, with interest computed
411on a 360-day-year basis. The authority shall reserve the right
412to reject any or all bids. In no event shall said bonds be sold
413at a net interest cost to the authority in excess of the rate as
414is established by law. Pending the preparation of definitive
415bonds, interim bonds may be issued to the purchaser or
416purchasers of such bonds and may contain such terms and
417conditions as the authority may determine.
418     (e)  The authority shall require all bidders for said bonds
419to enclose a certified or bank cashier's check, in the amount of
4202 percent of the total par value of the bonds offered for sale,
421drawn on an incorporated bank or trust company payable
422unconditionally to the order of the authority as a guarantee of
423good faith in the performance of each bid. The checks of the
424unsuccessful bidders shall be returned immediately upon the
425award of the bonds and the check of the successful bidder shall
426be retained by the authority and credited against the full
427purchase price of the bonds at the time of delivery or retained
428as and for liquidated damages in case of the failure of such
429bidder to fulfill the terms of his or her bid.
430     (f)  No general obligation bonds shall be issued hereunder
431unless the issuance of such bonds shall have been approved by a
432majority of the votes cast in an election in which a majority of
433the freeholders residing in Seminole County who are qualified to
434vote in such election shall participate. Whenever the authority
435by resolution requests the Board of County Commissioners of
436Seminole County to hold such an election, said board may on
437behalf of the authority, hold, conduct, canvass, and announce
438the results of such election in accordance with the procedure
439prescribed by law for the issuance of county bonds. The expenses
440of such election shall be paid by the authority. In no event
441shall such general obligation bonds be construed or considered
442to be bonds of the County of Seminole but shall be solely bonds
443of said authority. If the resolution of the authority requests
444said board of county commissioners as a prerequisite to holding
445such bond election to provide for a special registration of
446freeholders who shall be qualified to participate in such
447election, the board of county commissioners may provide for such
448special registration of qualified electors who are freeholders
449in Seminole County in the same manner provided by law for the
450special registration of freeholders in county bond elections.
451The expenses of conducting such special registration shall be
452borne by the authority.
453     (18)  To do all other acts and things necessary or proper
454in the exercise of the powers herein granted.
455     (19)  To do all acts or things necessary or proper to be
456and serve as a local governmental body within the meaning of
457Section 10(c) of Article VII of the State Constitution or as a
458local agency under part II of chapter 159, Florida Statutes,
459with respect to any project as defined therein, provided, that
460projects as defined in part II of chapter 159, Florida Statutes,
461shall be located only on property owned by the authority on the
462effective date of this act; provided, further, that with respect
463to port facilities (wherever located within Seminole County)
464within the meaning of Section 10(c) of Article VII of the State
465Constitution, the authority shall have the same powers as a
466local agency under part II of chapter 159, Florida Statutes, as
467are therein provided with respect to industrial or manufacturing
468plants as fully and completely as if port facilities had been
469expressly included within the definition of project therein.
470     (20)  To publicize, advertise, and promote the activities
471and projects authorized by this act; to make known to users and
472potential users in the public the advantages, facilities,
473resources, products, attractions, and attributes of the
474activities and projects authorized by chapter 65-2270, Laws of
475Florida; to further create a favorable climate of opinion
476concerning the activities and projects authorized and indicated
477by chapter 65-2270, Laws of Florida; to cooperate, including the
478grant or expenditure of funds, to and with other agencies, both
479public and private, in accomplishing the purposes authorized by
480chapter 65-2270, Laws of Florida; and in furtherance thereof, to
481authorize reasonable expenditures by a supporting voucher to be
482filed for audit for such authorized purposes, including, but not
483limited to, meals and hospitality.
484     Section 4.  Financial reports; audits; tax levy.--
485     (1)  The authority shall on or before November 30 of each
486year file an annual financial report for the fiscal year ended
487September 30 immediately preceding with the Board of County
488Commissioners of Seminole County. The authority shall on or
489before July 15 each year submit to the board of county
490commissioners a detailed budget for its operations in the
491succeeding fiscal year beginning October 1. The authority shall,
492with the board of county commissioners, fix a date and time on
493or before August 31 for a public hearing on the budget of the
494authority. The authority shall advertise a summary of the budget
495one time in a newspaper of general circulation published in the
496county, and the advertisement shall state that the authority and
497the board of county commissioners will meet on a day fixed in
498the advertisement, not earlier than 1 week and not later than 2
499weeks from the date of the advertising for the purpose of
500hearing requests and complaints from the public regarding the
501budgets. The authority and the board of county commissioners
502shall meet upon the date fixed in the advertisement, and from
503day to day thereafter if deemed necessary, for the purpose of
504holding a public hearing and making whatever revisions in the
505budget that are deemed necessary. The board of county
506commissioners pursuant to the public hearing thereon may approve
507or disapprove the total of the budget of the authority. Upon the
508board's approval, the budget becomes fixed and the total thereof
509may be amended by the authority in the manner prescribed for
510county budgets in section 129.06(2), Florida Statutes. All
511expenses incurred in the fiscal year for which the budget is
512made shall be vouchered and charged on the financial records
513against the budget of that year, and to carry out this provision
514the authority may hold its books open for 60 days after the
515expiration of the fiscal year. It is unlawful for the authority
516to expend or contract for expenditures in any fiscal year more
517than the amount budgeted and in no case shall the total
518appropriation be exceeded. It is unlawful for the authority to
519incur indebtedness against the authority in excess of the
520expenditure allowed by law, or to pay any illegal charge against
521the authority, or to pay any claim against the authority not
522authorized by law and any member of the authority concurring in
523any such act shall be guilty of malfeasance in office and
524subject to suspension and removal from office as provided
525elsewhere herein. The Board of County Commissioners of Seminole
526County may levy an annual tax on all taxable real and personal
527property in such county in the budget amount so approved, which
528amount, however, shall not exceed one-half mill, for the
529operating and administrative expenses of the authority and for
530the construction, operation, maintenance, enlargement,
531expansion, improvement, or development of any project or
532projects herein specified, and for the purpose of enabling the
533authority to carry out its functions under this act.
534     (2)  The board of county commissioners shall levy an annual
535tax on all taxable real and personal property in such county
536sufficient to meet the sinking fund requirements for the payment
537of the interest and principal on any general obligation bonds
538issued by the authority as the same become due.
539     (3)  For the payment of the principal of and the interest
540on any general obligation bonds of the authority issued under
541the provisions of this act, the Board of County Commissioners of
542Seminole County shall levy annually, in the manner hereinafter
543provided, a special tax upon all taxable real and personal
544property within the county, in addition to the tax authorized by
545subsection (1), sufficient to pay such principal and interest as
546the same respectively become due and payable and the proceeds of
547all such taxes shall when collected and received by the
548authority be paid into a special fund and used for no other
549purpose than the payment of such principal and interest;
550provided, however, that there may be pledged to payment of such
551principal and interest the surplus of the revenues of the
552project or projects, after payment of the costs of operation,
553maintenance, and repair thereof, and in the event of such pledge
554the amount of the annual tax levy herein provided for may be
555reduced in any year by the amount of such revenues actually
556received in the preceding year and then remaining on deposit to
557the credit of the special fund for the payment of such principal
558and interest.
559     (4)  The levy, collection, and expenditure of such taxes is
560hereby declared to be for a lawful county purpose.
561     (5)  The property appraiser shall assess taxes for the
562authority upon certification of the tax levy by the board of
563county commissioners and the tax collector of Seminole County
564shall, as and when collected, remit and deposit all moneys
565collected under the taxes hereby authorized to the authority in
566a bank or banks qualified as depositories of public funds, to be
567designated by such authority. Certified copies of tax
568resolutions executed in the name of the authority by its
569chairperson, and attested by its secretary, under its corporate
570seal, shall immediately be delivered to the Board of County
571Commissioners of Seminole County. Commissions of the property
572appraiser and tax collector shall be paid by the authority and
573shall be at the rates provided by law for the assessment and
574collection of county taxes.
575     (6)  The property appraiser, tax collector, and Board of
576County Commissioners of Seminole County shall when requested by
577the authority, prepare from their official records and deliver
578to the authority any and all information that may be requested
579at any time from him or her or them regarding the tax
580valuations, levies, assessments, or collections in such county,
581the cost of which shall be at the authority's expense.
582     (7)  Misfeasance, malfeasance, or nonfeasance, or any act
583of impropriety reflecting upon the port authority, shall be
584cause for the suspension or removal of any member of the port
585authority. Removal may be effected by the Governor.
586     Section 5.  Additional powers.--The authority shall have
587the power to adopt, use, and alter at will a corporate seal; to
588sue and be sued, implead and be impleaded, complain, and defend
589in all courts; to exercise the power of eminent domain to
590acquire property for any of its authorized purposes, including
591the taking of such property ancillary to said power in the
592manner from time to time provided by the laws of the state; to
593accept grants, gifts, and donations; and to enter into
594contracts, leases, or other transactions with any federal
595agency, the state, any agency of the state, the County of
596Seminole, any incorporated area, or with any other public body
597of the state.
598     Section 6.  Rules and regulations.--The authority shall
599have power to adopt rules and regulations with reference to all
600projects and matters under its control. All rules and
601regulations promulgated and all impositions and exactions made
602by the authority hereof shall be just and reasonable and
603consistent with public interest, and their application shall be
604subject to review by certiorari in any court of proper and
605competent jurisdiction. All rules and regulations of the
606authority shall be a matter of public record and copies thereof
607shall be dispensed by the authority at cost to all applicants
608therefor.
609     Section 7.  Bonds eligible for legal
610investments.--Notwithstanding any provisions of any other law or
611laws to the contrary, all revenue bonds, general obligation
612bonds, or any combination of general obligation or revenue
613bonds, including refunding bonds, issued pursuant to this act
614shall constitute legal investments for savings banks, banks,
615trust companies, executors, administrators, trustees, guardians,
616and other fiduciaries, and for any board, body, agency or
617instrumentality of the state, or of any county, municipality, or
618other political subdivision of the state; and shall be eligible
619as security for deposits for state, county, municipal and other
620public funds.
621     Section 8.  Rights of employees.--All employees of the
622authority shall be employed and promoted in accordance with and
623under such rules and regulations as the authority may adopt from
624time to time.
625     Section 9.  Cooperation with other units, boards, agencies,
626and individuals.--Express authority and power is hereby given
627and granted any county, municipality, drainage district, road
628and bridge district, school district, or any other political
629subdivision, board, commission or individual in, or of, the
630state to make and enter into with the authority, contracts,
631leases, conveyances, or other agreements within the provisions
632and purposes of this chapter. The authority is hereby expressly
633authorized to make and enter into contracts, leases,
634conveyances, and other agreements with any political
635subdivisions, agency, or instrumentality of the state and any
636and all federal agencies, corporations, and individuals, for the
637purpose of carrying out the provisions of this chapter.
638     Section 10.  Award of contracts.--
639     (1)  All construction, reconstruction, repairs,
640maintenance, or work of any nature made by the authority shall
641comply with the purchasing policy adopted by the authority in
642accordance with Florida Statutes. Nothing in this section shall
643be construed to limit the power of authority to construct,
644repair, or improve its projects or facilities, or any part
645thereof, or any addition, betterment, or extension thereto,
646directly by the officers, agents, and employees of the
647authority, or otherwise than by contract.
648     (2)  All supplies, equipment, machinery, and materials
649purchased by the authority shall comply with the purchasing
650policy adopted by the authority in accordance with Florida
651Statutes.
652     (3)  The term "advertisement" or "due public notice"
653wherever used in this section shall mean a notice published at
654least once a week for 2 consecutive weeks before the award of
655any contract, in accordance with the purchasing policy adopted
656by the authority in accordance with Florida Statutes, in a daily
657newspaper published and having a general circulation in the
658county, and in such other newspapers or publications as the
659authority shall deem advisable.
660     (4)  No member of the authority or officer or employee
661thereof shall either directly or indirectly be a party to, or be
662in any manner interested in, any contract or agreement with the
663authority for any matter, cause, or thing whatsoever in which
664such member shall have a financial interest or by reason whereof
665any liability or indebtedness shall in any way be created
666against such authority. If any contract or agreement shall be
667made in violation of the provisions of this section the same
668shall be null and void and no action shall be maintained thereon
669against the authority.
670     (5)  Subject to the aforesaid provisions the authority may,
671without intending by this provision to limit any powers of the
672authority, enter into and carry out such contract, or establish
673or comply with such rules and regulations concerning labor and
674materials and other related matters in connection with any
675project, or portion thereof, as the authority may deem desirable
676or as may be requested by the Federal Government or state
677government assisting in the financing of its projects, port
678facilities, and facilities related thereto, or any part thereof;
679provided that the provisions of this section shall not apply to
680any contract or agreement between the authority and any
681engineers, architects, attorneys, or for other professional
682services, or to any contract or agreement relating to fiscal
683advisors, fiscal agents, or investment bankers, relating to the
684financing of projects herein authorized.
685     Section 11.  Execution of documents; examination of
686claims.--All instruments in writing necessary to be signed by
687the authority shall be executed by the chairperson and secretary
688and attested by the seal of the authority. No expenditure of
689funds of the authority shall be made except by voucher approved
690by the authority and signed by its chairperson and treasurer or
691such persons as set forth in the purchasing policy adopted by
692the authority in accordance with Florida Statutes. The authority
693shall provide for the examination of all payrolls, bills, and
694other claims and demands against the authority to determine
695before the same are paid that they are duly authorized, in
696proper form, correctly computed, legally due and payable, and
697that the authority has funds on hand to make payment.
698     Section 12.  Records.--The authority shall keep accurate
699and sufficiently detailed financial records, including source
700documents and books of final entry, on forms and in a manner
701approved by the state auditor. Minutes shall be kept of each
702meeting of the authority and shall reflect all official actions
703of the authority. The minute book shall be properly indexed as
704to subject matter for easy reference thereto. All records of the
705authority shall be open for public inspection at the office of
706the authority during regular business hours, except that no
707individual has the right to monopolize any particular record
708that might be referred to by a large number of persons or the
709use of which might be required by the officer or employee having
710charge of it.
711     Section 13.  Audits.--The records shall be audited annually
712by the state auditor and the authority shall make all records
713necessary for said audit available to the state auditor at the
714time designated by him or her.
715     Section 14.  Chapter 315, Florida Statutes, relating to
716port facilities financing, also applicable.--The provisions of
717chapter 315, Florida Statutes, relating to port facilities
718financing, shall also be applicable to the authority but where
719the provisions of said chapter 315 are inconsistent with the
720provisions of this act, the provisions of this act shall
721prevail.
722     Section 15.  Submerged lands.--The authority shall
723negotiate with the trustees of the internal improvement board
724for the transfer of such islands and submerged lands belonging
725to the state to the authority as will serve a public purpose,
726subject to the riparian rights of the respective owners of the
727uplands adjacent thereto.
728     Section 16.  Declaration of purpose.--The authority created
729by this act and the purposes that it is intended to serve are
730hereby found to be for a county and public purpose. The
731authority is hereby designated as a local governmental body
732within the meaning of Section 10(c) of Article VII of the State
733Constitution and as a local agency within the meaning of such
734term in part II of chapter 159, Florida Statutes, subject to the
735specific limitations and additional grants of power provided in
736this act.
737     Section 17.  Construction.--It is intended that the
738provisions of this act shall be liberally construed to
739accomplish the purposes provided for or intended to be provided
740for herein, and where strict construction would result in the
741defeat of the accomplishment thereof, the liberal construction
742shall be chosen.
743     Section 18.  Surplus funds.--
744     (1)  The Seminole County Port Authority at its discretion
745may transfer to the Seminole County General Fund any moneys
746derived from its operation which are declared to be surplus to
747the needs of the authority. Such transfer may be effected at any
748time or from time to time as determined by the authority.
749     (2)  Such surplus moneys as designated in subsection (1)
750transferred to the general fund may be expended by the board of
751county commissioners for any legal purpose.
752     Section 4.  This act shall take effect upon becoming a law.


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