THE BILL ITSELF
HB 4073
Manatee County Port Authority, Manatee County
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A bill to be entitled
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An act relating to the Manatee County Port Authority,
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Manatee County; amending chapter 2003-351, Laws of
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Florida, as amended; providing that the district is an
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independent special district, rather than a dependent
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special district; revising and providing definitions;
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providing for the operation of the port authority;
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providing powers, functions, and duties of the port
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authority; providing for construction and effect;
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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 of chapter 2003-351, Laws of Florida, as amended by chapter 2011-253, Laws of Florida, is amended to
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read:
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Section 1. District formation ratified, restated, and
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approved.—The Manatee County Port Authority (Port Authority) as
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initially established pursuant to chapter 67-1681, Laws of
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Florida, and thereafter amended as provided by special acts of
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the Legislature, is ratified, confirmed, and approved.
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Section 2. Establishment.—The Port Authority, an
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independent a dependent special district, is established for all
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purposes set forth in this act and chapters 189 and 315, Florida
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Statutes, as the same may be amended from time to time. This
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charter may be amended only by special act of the Legislature.
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Section 3. Popular name.—This charter shall be known and
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may be cited as the Manatee County Port Authority Act.
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Section 4. Definitions.—As used in this charter, the
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following words and terms shall have the following meanings:
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(1) "Port Authority" shall mean the governing board of the
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County Commissioners of Manatee County, Florida, acting as a
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Manatee County Port Authority. When conducting business as a
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Port Authority, the board of county commissioners shall use the
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name of Manatee County Port Authority.
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(2) "Port facilities" shall mean and shall include harbor,
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shipping, and port facilities and improvements of every kind,
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nature, and description, including, but not limited to,
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channels, turning basins, jetties, breakwaters, public landings,
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wharves, waterways, ferries, slips, quays, terminals, sidings,
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shipyards, moles, canals, cold storage plants, locks, tidal
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basin, trainways, cable ways, depots, warehouses, industrial
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parks, industrial and manufacturing plans, icing plants,
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refrigeration plants, precooling plants, commercial, business
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mercantile, markets, parks, recreational facilities, structures,
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buildings, piers, storage facilities, public buildings,
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anchorages, utilities, bridges, tunnels, roads, railroads,
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causeways, port-related aviation facilities such as helipads,
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and any and all property and facilities necessary or useful in
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connection with the foregoing, and any one or more of any
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combination thereof and any extension, addition, betterment, or
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improvement of any thereof and other related projects,
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conveyors, appliances for economical handling, storage, and
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transportation of freight and handling passenger traffic, or in
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connection with the operation, improvement, and maintenance of
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the Port and all other harbor improvements and facilities which
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the Port Authority may determine to be necessary and to perform
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customary services, including handling, weighing, measuring,
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regulation, control, inspections and reconditioning of all
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commodities and cargoes received or shipped throughout any port
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or harbor within the jurisdiction of the Port Authority docks,
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markets, parks, recreational facilities, structures, buildings,
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piers, storage facilities, public buildings and plazas,
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anchorages, utilities, bridges, tunnels, roads, railroads,
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causeways, port-related aviation facilities such as helipads,
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and any and all property and facilities necessary or useful in
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connection with the foregoing, and any one or more of any
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combination thereof and any extension, addition, betterment, or
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improvement of any thereof.
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(3) "Cost" as applied to any port facilities shall mean
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and shall include the cost of acquisition or construction, the
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cost of all labor, materials, machinery, and equipment, the cost
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of all lands, property, rights, easements, and franchises
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acquired, financing charges, interest prior to and during
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construction and for 1 year after completion of construction,
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cost of plans and specifications, surveys and estimates of cost
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and of revenues, cost of engineering and legal services, all
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other expenses necessary or incident to determining the
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feasibility or practicability of such construction, the cost of
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acquiring or improving, enlarging, and extending existing port
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facilities and preparing the same for sale or lease to provide
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funds for financing port facilities under the provisions of this
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charter, if in the determination of the Port Authority governing
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body, such acquisition, such improvement, enlargement, and
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extension, or such preparation for sale or lease are necessary
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to such financing, administrative expenses, and such other
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expenses as may be necessary or incident to any financing herein
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authorized. Any obligation or expense heretofore or hereafter
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incurred by Manatee County and/or the Manatee County Port
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Authority in connection with any of the foregoing items of cost
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may be regarded as a part of such cost and reimbursed to the
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Manatee County and/or the Manatee County Port Authority out of
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the proceeds of port facilities bonds issued under the
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provisions of this charter or previously issued prior to the
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enactment of this act.
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(4) "Bonds" shall mean any bonds, debentures, notes,
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warrants, bond anticipation notes, tax anticipation notes,
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commercial paper, or other evidence of indebtedness or lease,
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installment purchase contracts, or other agreements or
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certificates of participation therein issued by or on behalf of
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the Port Authority.
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Section 5. Public purpose declared.—It is hereby
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determined and declared that each and all of the powers
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conferred by this charter and the exercise thereof are proper
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public and proprietary county purposes and benefit to the
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citizens of Manatee County and the state.
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Section 6. Governing authority.—The Port Authority shall
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constitute a body politic and a body corporate and is deemed a
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political subdivision of the state within the meaning of
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sovereign immunity from taxation and for all other purposes; it
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shall have perpetual existence; its operation shall be deemed a
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proper governmental function; it shall adopt and use an official
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seal and may alter the same; it may contract and be contracted
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with; in its corporate name it may sue or implead in any of the
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courts in the various states and the courts of the United
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States; and it may be sued or impleaded in the courts of the
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State of Florida and in the courts of the United States for the
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Middle District of the State of Florida, except as may be
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limited by the provisions of s. 768.28, Florida Statutes, or any
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succeeding enactment.
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(1) The Port Authority shall consist of five member seats
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to be appointed as follows:
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(a) Members occupying Seats 1 through 4 shall be appointed
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by the Governor.
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(b) Seat 5 shall be occupied by a member of the Board of
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County Commissioners of Manatee County, appointed by that board.
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(2) At least 30 days prior to the expiration of the term
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of the member occupying Seat 1, Seat 2, Seat 3, or Seat 4 of the
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Port Authority appointed by the Governor through the routinely
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established application process, or within 10 days after the
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occurrence of a vacancy in any such seat, a successor shall be
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appointed by the Governor.
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(3) The first appointments by the Governor shall be for a
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2-year term for Seats 1 and 3 and a 4-year term for seats 2 and
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4. Terms shall commence on October 1 of the year of the first
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appointment. Thereafter all appointments shall be for a 4-year
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term from the expiration of the previous term, and all vacancies
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shall be filled by the Governor for the unexpired term. No more
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than two of the board members shall be persons who are primarily
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engaged in the maritime business and no person shall be eligible
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for appointment as a commissioner except residents of Manatee
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County or Sarasota County. Members serve at the pleasure of who
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appointed the member, the Governor or the Board of County
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Commissioners of Manatee County. Any member appointed is
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eligible for reappointment. Each member shall continue to serve
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until his or her death, resignation, removal, or until his or
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her respective successor is duly appointed.
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(4) Before assuming office, each member shall take an oath
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that he or she will faithfully discharge the duties of his or
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her office and that he or she will uphold and defend the
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constitutions and laws of the United States and of the State of
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Florida.
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(5) The appointed members of the Port Authority shall
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receive no compensation for their services. Each member will
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receive reimbursement for per diem and travel expenses incurred
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in connection with their official duties as provided in chapter
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112, Florida Statutes, and will be provided with the option to
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participate in health insurance program. Reimbursement of said
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per diem and expenses to members of the Port Authority shall
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only be made pursuant to approval of the Port Authority and
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proper travel expense vouchers.
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(6) Three of the officers of the Port Authority shall be
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elected annually by and from among the members and shall consist
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of a vice chair, a secretary, and a treasurer, the latter two of
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which offices may be held by a single member at the discretion
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of the members. The chair of the Port Authority shall be elected
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for a 2-year term by and from among the members.
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(7) Three members shall constitute a quorum. An
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affirmative vote of at least three of the members is required
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for any action to be taken by the Port Authority involving the
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establishment of policy. The provisions of s. 286.012, Florida
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Statutes, require any member of the Port Authority physically
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present at a meeting to vote unless there is a possible conflict
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of interest. All Port Authority members are subject to the
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Florida Ethics Code.
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(8) No court shall have the power or jurisdiction to
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appoint any officer of the court to exercise the duties and
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powers of the Port Authority or any Port Authority member. In
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the event any Port Authority member shall be guilty of
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intentional and willful malfeasance, nonfeasance, or misfeasance
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in office, or commission of a felony, he or she shall be subject
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to be removed by the Governor in the manner provided for the
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removal of county officers.
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(9) The members shall appoint by resolution a Port
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Director who shall be chosen for his or her executive,
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administrative, and technical qualifications, shall be a full-
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time employee of the Port Authority, shall receive such salary
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as may be approved by the members, and shall devote his or her
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time and attention to the discharge of his or her duties. The
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Port Director's office shall be kept open during such hours as
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the members fix, the minimum of which shall be the ordinary
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business hours upon all business days. The Port Authority shall
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be responsible for all policies. The Port Director shall be
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responsible for policy implementation.
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(10) The Port Authority may employ such additional persons
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as the business of the Port Authority may require and may
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designate which, if any, require the approval of the members for
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employment or dismissal.
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(11) All meetings of the Port Authority shall be open to
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the public, shall be governed by chapters 189 and 286, Florida
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Statutes, and shall be held at a duly noticed location within
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Manatee County. The Port Authority shall have the power to
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prescribe rules for the conduct of its meeting not inconsistent
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herewith.
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Section 7. Grant of powers.—Subject to the jurisdiction
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of, and the rights and powers granted under applicable laws to,
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the State of Florida or the United States Government, the Port
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Authority, in addition to any and all powers granted to it by
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section 315.03, Florida Statutes, other laws, general, local or
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special, is hereby authorized and empowered:
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(1) To acquire by purchase, grant, gift, or lease, or by
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the exercise of the right of eminent domain, and to hold and
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dispose of any property, real or personal, tangible or
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intangible, or any right or interest in any such property, for
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or in connection with any port facilities, whether or not
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subject to mortgage, liens, charges, or other encumbrances.
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(2) To construct within Manatee County any bridge, tunnel,
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road, or railroad lines, or any combination thereof, to, from,
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or between any port facilities.
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(3) To exercise control over the Port Authority and any
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and all parts thereof; to apply to property authorities of the
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United State Government as a condition precedent to the
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establishment of a free port, foreign trade zone, or area for
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the reception of foreign countries of articles of commerce and
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to expedite and encourage foreign commerce, and the handling,
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processing, and delivery thereof into foreign commerce free from
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the payment of custom duties and, provided there is an economic
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benefit to the Port Authority or Manatee County, to enter into
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any agreements required by such departments or agencies in
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connection therewith and to make like applications and
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agreements with respect to the establishment within and without
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the county of one or more bonded warehouses.
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(4) To obtain permission from the United States Government
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to create, improve, regulate, and control all water and natural
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or artificial waterways within the Port Authority; to improve
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all navigable and non-navigable waters situated within the Port
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Authority necessary and useful to the operation, improvement,
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and maintenance of port facilities; to construct, improve, and
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maintain such inlets, slips, turning basins, and channels; to
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make and give to the United States Government such guarantees
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upon such terms and conditions as may be required; and to enact,
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adopt, and establish rules and regulations for the exercise of
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jurisdiction and control over all said lands and waters of the
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Port Authority and all port facilities within the Port Authority
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and all projects and matters under the control of the Port
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Authority.
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(5) To exercise such police powers as the Port Authority
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shall determine to be necessary for the effective control,
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regulation, and protection of port facilities.
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(6) To enact, adopt, and establish rules and regulations
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consistent with the Constitution and laws of the State of
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Florida and the laws of the United States of America for the
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promotions and conduct of navigation, commerce, and industry in
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the Port Authority. The rules and regulations shall be
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reasonable and shall apply uniformly to all similarly situated.
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(7) To enact, adopt, and establish rules and regulations
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governing the fueling, refueling, loading and unloading,
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reloading, and related matters within the Port Authority and the
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navigable waters over which the Port Authority has jurisdiction.
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(8) To prescribe, fix, and establish fines, penalties, and
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punishment for the violation of the rules and regulation of the
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Port Authority and to enforce such fines, penalties, and
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punishments in such a manner as the Port Authority may
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determine. All fines and penalties so imposed or levied shall be
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recoverable in the name of the Port Authority and in any court
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of the state having jurisdiction over the amount involved.
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(9) To exercise the right of eminent domain and to
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condemn, appropriate, and acquire any property, both real and
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personal, and any interest or estate therein which by resolution
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the Port Authority shall determine to be necessary for
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deepening, widening, and extending of channels, turning basins,
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roads, and railroads, and the buildings and construction of
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slips, wharves, sheds, warehouse, breakwaters, jetties,
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bulkheads, and any and all other port improvements and port
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facilities. Such determination of necessity shall be conclusive,
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except in cases of fraud or gross abuse of discretion. Such
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eminent domain or condemnation proceedings shall be exercised in
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a manner consistent with Florida law.
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(10) To license stevedores as independent contractors for
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hire, to fix terms and conditions of such licenses, and to
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determine the fees to be charged. Such stevedores serve at the
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pleasure of the Port Director, unless terminated sooner by the
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licenses.
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(11) To offer and make available life, health, accident,
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hospitalization, or all or any part of such insurance for Port
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Authority officers and employees upon a group insurance plan; to
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pay all or any portion of the premiums for such group insurance
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as an operating expense; and to contract with another
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governmental entity for such services.
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(12) To grant exclusive and non-exclusive franchises to
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any person, firm, or corporation to construct, establish,
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operate, replace, repair, fix, enlarge, maintain, improve,
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equip, manage, and control port facilities and, should passenger
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service occur for the operation of restaurants, cafeterias,
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bars, cigar and cigarette stands, newsstands, buses, taxicabs,
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vending machines, hotels, motels, service stations, real estate
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developments, and other concessions in, on, and in connection
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with any property or project owned and operated by the Port
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Authority. In granting such franchises it shall be the duty of
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the Port Authority to investigate and consider the
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qualifications and ability of the lessee or concessionaires to
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provide or perform the contemplated services and the revenues
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which will be derived therefrom by the Port Authority and to
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exercise sound prudent business judgment on behalf of the Port
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Authority with respect thereto, calling for bids when
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practicable and when the interests of the public will best be
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served by such action. The Port Authority shall have the power
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to impose a franchise or excise tax upon businesses and
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occupations carried on or operated under and by virtue of any
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franchise or franchises granted by the Port Authority. The
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administration of this section and the collection of this
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franchise tax are hereby vested in the Port Authority, and the
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Port Authority is authorized to make, promulgate, and enforce
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such reasonable rules and regulations relating to the
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administration and enforcement of this law and the collection of
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said franchise tax as may be deemed expedient, independently of
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all other remedies and proceedings authorized by law for the
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enforcement and collection of said franchise tax, a right of
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action, by suit in the name of Port Authority, is hereby
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created; and such suit may be maintained and prosecuted, and all
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proceedings taken, to the same effect and extent as for the
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enforcement of a right of action for debt or assumpsit, or
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substitute forms of action therefor, and any and all remedies
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available in such actions including attachment and garnishment
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shall be and are hereby made available to the Port Authority in
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the enforcement of the payment of any franchise tax accruing
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hereunder. The Port Authority is not required to post bond in
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any such actions or proceedings.
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(13) To solicit and enter into arrangements with shipping
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lines, railroad, any intermodal or common carrier or any other
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commercial enterprise related to the Port Authority's purpose
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and to do all things necessary to promote commerce, passenger
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traffic, and freight tonnage through the Port Authority operated
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by the Port Authority, as the Port Authority determines it
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advantageous to do so.
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(14) Except as otherwise provided in subsection (31), to
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sell at public or private sale or lease for public or private
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purposes all or any portion of any port facilities now or
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hereafter owned, including any such facilities as extended,
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enlarged, or improved, and all or any portion of any property
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improved, created, extended, or enlarged under the authority of
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this law, on such terms and subject to such conditions as the
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Port Authority shall determine to be in the best interests of
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the Port Authority and said determination shall be deemed
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conclusive, except in cases of fraud or malfeasance,
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nonfeasance, or misfeasance. For the sale of Port Authority
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property or the entry into a lease of 30 or more years, the Port
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Authority must approve such sale or lease by a four-fifths
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affirmative vote. To execute and deliver all contracts, deeds,
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leases, franchise, assignments, releases and other instruments
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necessary and convenient to carry out the powers expressed or
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implied in this section.
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(15)(4) To accept and apply for loans or grants of money,
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appropriations, gifts, aid, or materials or property at any time
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from the United States or the State of Florida or any agency,
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instrumentality, or subdivision thereof, upon such terms and
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conditions as the United States, the State of Florida, or such
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agency, instrumentality, or subdivision may impose.
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(16)(5) To operate and maintain, and to fix and collect
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rates, rentals, fees, including, but not limited to, uniform
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rates of wharfage, dockage, warehousing, storage, port and
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terminal charges, and other charges for any of the services and
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facilities now or hereafter acquired, owned, or constructed by
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the Port Authority.
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(17)(6) To lease or rent or contract with others for the
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operation of all or any part of any port facilities now or
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hereafter acquired, owned, or constructed by the Port Authority,
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on such terms and for such period or periods and subject to such
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conditions as the Port Authority shall determine to be in the
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best interests of the Port Authority and said determination
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shall be deemed conclusive, except in cases of fraud or
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malfeasance, nonfeasance, or misfeasance.
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(18)(7) To contract debts for the acquisition or
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construction of any port facilities or for any other purposes of
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this law, to borrow money, to make advances, and to issue bonds
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or other obligations to finance all or any part of such
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acquisition or construction or in the carrying out of any other
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purposes of this charter.
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(19)(8) To contract with the United States or the State of
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Florida or any agency or instrumentality thereof or with any
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public body or political subdivision or with any private person,
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firm, or corporation with reference to any of the powers hereby
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granted in this section.
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(9) To have and to exercise all of the powers, rights, and
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authority now vested by the Statutes of the State of Florida in
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the office of the Board of Pilot Commissioners.
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(20)(10) To appoint, regulate, control, and prescribe the
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powers, duties, and compensation of harbor masters.
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(11) To appoint and license such number of pilots as the
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Port Authority shall, in its sole discretion, determine to be
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necessary to properly conduct the business of the port. Provided
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that nothing contained herein shall be construed as prohibiting
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the Port Authority from appointing and licensing pilots who at
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the time of appointment are also serving any other port on Tampa
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Bay.
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(21)(12) To publicize, advertise, and promote the
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beneficial activities, and projects, and port facilities
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authorized by this act, to make known to users, potential users,
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and public in general, the advantages, facilities, resources,
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products, attractions, and attributes of the activities and
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projects authorized by this charter; to further create a
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favorable climate of opinion concerning the activities, and
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projects, and port facilities authorized and indicated by this
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charter in accordance with present and future needs and
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requirements of prosperity and welfare of the people served by
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the port facilities, including, but not limited to, promoting
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and encouraging the development of business, agriculture,
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industry, commerce, and employment within the Port Authority; to
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establish, directly or indirectly, oceanographic facilities of
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all kinds, including, but not limited to, the encouragement of
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oceanographic research, development, commerce, and the
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encouragement of all businesses related to oceanographic
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purposes; to plan and carry out programs designed to enlarge and
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improve trade within the state, with other states, and with
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foreign countries through the use and port facilities of Port
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Authority; to advise, assist, and cooperate, including the
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granting of funds, with municipal, county, regional, and
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governmental planning and development agencies in preparing and
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putting into effect plans and programs for economic development
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of areas which will benefit through or by the development of the
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facilities under the Port Authority, or will encourage the
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development of the Port Authority and its port facilities; to
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cooperate, including the grant or expenditure of funds, to and
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with other agencies, both public and private, in accomplishing
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the purposes enumerated and indicted by this charter; and in
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furtherance thereof, to authorize reasonable expenditures by
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supporting voucher to be filed for audit for the purposes herein
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enumerated, including, but not limited to, meals, hospitality,
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and entertainment of persons in the interest of promoting and
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engendering good will towards the activities and projects herein
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authorized, provided however, that funds obtained under chapter
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315, Florida Statutes, may not be used for such purposes.
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Whenever an expenditure of funds for any of the foregoing
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purposes is made by a member of the Port Authority or employee
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of the Port Authority, the Port Authority may reimburse such
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members or employees only in the manner duly authorized by the
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Port Authority.
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(22) To add to or extend, or cause or permit to be added
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to or extended, any existing land, including submerged land, or
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islands, now or hereafter owned by the district, bordering on or
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being in any waters within the Port Authority, by the pumping of
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sand or earth from any land, under or above water, or by any
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other means of construction, as a part of or for the purpose of
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providing any project or facility, or for the purpose of
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improving, creating, or extending any property of the Port
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Authority, for the use of or disposal by the Port Authority. To
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construct, or cause or permit to be constructed, any island or
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islands in any waters within the Port Authority by the pumping
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of sand or earth from any land above or under water or by any
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other means of construction as a part of or for the purpose of
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providing any port project or facility herein, including, but
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not limited to, the creation of any recreational area to be
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maintained or supervised by the Port Authority or to be turned
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over to any governing body, public or private, as a public
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recreational area.
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(23) To dredge or deepen harbors, channels, and turning
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basins; to cooperate with the United States of America or any
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agency thereof in the dredging or deepening of any harbor,
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channel, or turning basin; to enter into contracts with the
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United States of America or with any agency thereof concerning
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any such dredging or deepening project; to pay such amounts to
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the United States of America or any agency thereof, as required
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by the terms of such contract, and in addition thereto to
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likewise contract with any private person, firm, or corporation
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in connection with any of the aforesaid dredging or deepening;
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and to pay such amounts as shall be required by the terms of any
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such contract entered into.
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(24) To enter on any lands, waters, or premises, within or
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without the Port Authority, or within the corporate limits of
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any county, port district, port authority, or municipality, for
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the purpose of making surveys, soundings, and examinations with
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relation to any existing or proposed port facilities or port
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projects.
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(25) To develop and adopt all policies necessary to carry
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out the purposes of this law, including, but not limited to,
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personnel, procurement, investment, and other policies.
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(26) To cause available funds to be invested in accordance
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with chapter 218, Florida Statutes, and sell such investments
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when deemed advisable.
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(27)(13) To perform any of the acts hereby authorized
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through or by means of its own officers, agents, or employees or
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by contract.
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(28)(14) To do all acts and things and to enter into all
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contracts and agreements necessary or convenient to carry out
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the purposes of this law.
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(29)(15) To receive title to, right of entry upon, and to
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regulate the improvement of any and all submerged lands
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belonging to the Board of Trustees of the Internal Improvement
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Trust Fund contained within the area described in this
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subsection. The submerged lands were conveyed to the Port
491
Authority, for consideration of $1 from the Port Authority to
492
the Board of Trustees of the Internal Improvement Trust Fund,
493
subject to the riparian rights of the respective owners of the
494
uplands adjacent thereto. Such titles and rights shall
495
effectually and fully vest in the Port Authority. No such
496
submerged lands owned by the Port Authority shall be sold or
497
otherwise disposed of by the Port Authority to any party or
498
parties and shall only be used for proper public and Port
499
Authority purposes. The submerged lands conveyed and granted to
500
the Port Authority shall comprise and include the territory
501
described as follows:
503
Commence at the northeast corner sec. 1, township 33
504
south, range 17, east thence N 89° 30′ 22″ W along the
505
common line between Manatee and Hillsborough counties
506
a distance of 1642.84 for a point of beginning, thence
507
continue for 89° 30′ 22″ W along said line a distance
508
of 162.63 to a point lying +/- 100 westerly of shore
509
line, thence S 68° 00′ 00″ W a distance of 7680.0′ to
510
a point northwest of shore line of spoil island,
511
thence continue of said line a distance of 1315.0′
512
thence S 26′00′ 00″ E a distance of 2500.0′, thence S
513
51° 00′ 00″ E a distance of 4776.0′ to the
514
intersection of the shore line, said point lying +/-
515
100.0 southerly of Red Fish Creek, thence continue
516
along +/- MHWL N 76′ 03′ 53″ E a distance of 81.92′
517
thence N 54° 37′ 19″ W distance of 79.60 thence S 66°
518
09′ 45″ E a distance of 51.92′ thence S 68° 45′ 58″ E
519
distance of 57.69, thence N 14° 29′ 51″ E distance or
520
101.11′, thence N 06° 24′ 26″ W a distance of 195.98,
521
thence N 48° 04′ 53″ W distance of 166.06 thence N 28°
522
20′ 57″ W distance 194.77′ thence N 66° 34′ 24″ W
523
distance of 265.74 thence continue at MHWL entering
524
site 7 N 34° 17′ 49″ W a distance of 50.72′ thence N
525
01° 08′ 23″ W a distance of 50.70′ thence N 45° 10′
526
56″ E a distance of 67.70′ thence N 08° 24′ 59″ E a
527
distance of 132.72′ thence N 80° 06′ 31″ E a distance
528
of 81.43 thence con′t. around site 7 at MHWL N 88° 25′
529
22″ E a distance of 64.00′ thence S 78° 56′ 03″ E a
530
distance of 70.58′ thence N 83° 46′ 11″ E a distance
531
of 57.51 thence S 87° 22′ 25″ E a distance of 297.08
532
thence S 56° 16′ 40″ E a distance of 43.65 thence
533
along easterly side of site 7 N 59° 11′ 15″ E a
534
distance of 51.l7, thence N 52° 01′ 16″ E a distance
535
of 49.53 thence N 58° 31′ 03″ E a distance of 83.27′,
536
thence N 51 53′ 44″ E a distance of 45.91 thence N 39°
537
56′ 18″E a distance of 59.62′ thence con′t. along
538
easterly side of site 7 N 13° 58′ 29″ E a distance of
539
185.39′ thence N 08° 06′ 21″E a distance of 56.47′
540
thence N 06° 45′ 56″ E a distance of 121.48 to the
541
point of curve thence N 40° 48′ 46″ W on a chord
542
bearing to the point of tangent having chord distance
543
of 312.39′ and having radius of 195.0′ thence continue
544
along the northerly side of site 7 at the MHWL S 85°
545
57′ 43″ W a distance of 144.95′ thence S 88° 44′ 05″ W
546
a distance of 83.76′ thence N 82° 56′ 37″ W a distance
547
of 52.85′ thence N 53° 59′ 27″ W a distance of 169.86′
548
thence S 74° 09′ 29″ W a distance of 38.95′ thence S
549
42° 24′ 26″ W a distance of 200.54′ thence N 89° 54′
550
24″ W a distance of 37.22′ thence N 32° 32′ 32″ W a
551
distance of 185.15′ thence S 71° 34′ 35″ W a distance
552
of 201.21′ thence S 47° 24′ 18″ W a distance of 38.59′
553
thence S 84° 04′ 21″ W a distance of 103.95′ thence N
554
25° 10′ 43″ E a distance of 344.7′ thence S 67° 41′
555
13″ E a distance of 200.79′ thence N 47° 03′ 32″ E a
556
distance of 269.39′ thence N 49° 21′ 58″ E a distance
557
107.11′ thence N 11° 16′ 37″ E a distance of 174.34′
558
thence N 14° 07′ 20″ E a distance of 283.42′ thence N
559
25° 20′ 31″ E a distance of 176.78′ thence N 45° 17′
560
17″ E a distance of 194.89′ thence N36°45′42″E a
561
distance of 89.68′ thence N 08°12′15″W a distance of
562
401.86 thence S 30°59′55″W a distance of 29.34′ thence
563
N 89°30′00″W a distance of 87.98′ thence N 06°15′00″E
564
a distance of 653.29′ thence S 89°29′57″E a distance
565
of 405.26′ thence N31° 00′19″E a distance of 928.40′
566
thence N 89°30′00″W a distance of 795.99′ thence N
567
06°15′00″E a distance of 1306.57′ thence S 89°30′00″E
568
a distance of 245.24′ thence S 41°39′46″E a distance
569
of 85.02 thence along MHWL N 84° 12′ 36″ E a distance
570
of 75.70′ thence N 84° 48′ 41″ E a distance of 60.12′
571
thence N 85° 46′ 08″ E a distance of 31.01′ thence N
572
81° 34′ 07″ E a distance of 124.11′ thence N 71° 34′
573
19″ E a distance of 125.95′ thence N 69° 34′ 04″ E a
574
distance of 71.70′ thence con′t along said MHWL S 83°
575
58′ 50″ E a distance of 91.76′ thence S 77° 25 10 E a
576
distance of 66.90′ thence S 89° 35′ 54″ E a distance
577
of 65.91′ thence N 74° 03′ 21″ E a distance of 85.96′
578
thence cont along MHWL on northerly side of Port
579
Manatee S 87° 49′ 54″ E a distance of 256.55′ thence N
580
64° 08′ 51″ E a distance of 118.68′ thence N 58° 51′
581
27″ E a distance of 106.97′ thence N 90° 00′ 00″ E a
582
distance of 32.45′ thence N 44° 26′ 47″ E a distance
583
of 64.36′ thence cont along said MHWL between Port
584
Manatee and Piney Point N 22° 59′ 12″ E distance of
585
122.33′ thence N 32° 49′ 10″ E a distance of 129.72′
586
thence N 12° 31 ′40″ E a distance of 38.19′ thence N
587
24° 48′ 58″ E a distance of 118.12′ thence N 16° 25
588
′47″ E a distance of 107.89′ thence N 23° 40′ 54″ E a
589
distance of 85.84′ thence N 20° 16′ 13″ E a distance
590
of 77.45′ thence N 06° 36′ 22″ E a distance of 81.77′
591
thence N 18° 56′ 55″E a distance of 212.48′ thence N
592
40° 41′ 40″ E a distance of 109.25′ thence N 42° 46′
593
34″ W a distance 71.88′ thence N 61° 43′ 42″ W a
594
distance of 365.29′ thence cont along said MHWL S 09°
595
23′ 40″ W a distance of 84.26′ thence S 12° 07′ 20″ E
596
a distance of 55.20′ thence S 38° 44′ 27″ E a distance
597
of 119.03′ thence S 32° 18′ 23″ E a distance of 32.76′
598
thence S 46° 26′ 41″ E a distance of 58.05′ thence
599
cont along said MHWL S 33° 22′ 22″ E a distance of
600
28.20′ thence S 11° 08′ 57″ E a distance of 55.95′
601
thence S 04° 05′ 31″ W a distance of 47.24′ thence S
602
81° 21′ 03″W a distance of 25.28′ thence N 50° 01′51″
603
W a distance of 21.98′ thence N 03° 04′ 16″ E a
604
distance of 30.46′ thence N 40° 52′ 58″ W a distance
605
of 24.28′ thence N 73° 46′ 50″ E a distance of 20.59′
606
thence N 01° 23′ 18″ W a distance of 28.79′ thence N
607
44° 20′ 10″ W a distance of 106.02′ thence N 52° 53′
608
48″ W a distance of 63.82′ thence N 42° 13′ 45″ W a
609
distance of 61.71′ thence N 14° 03′ 11″ W a distance
610
of 58.45′ thence continued along said MHWL N 53° 00′
611
29″ W a distance of 28.33′ thence N 05° 52′ 34″ W a
612
distance of 25.83′ thence N 23° 39′ 27″ E distance of
613
15.75′ thence N 00° 42′ 19″ W a distance of 62.69′
614
thence N 21°33′24″W a distance of 51.13′ thence cont
615
along MHWL said point lying on the southerly side of
616
Piney Point N 61° 44′ 16″W a distance of 40.30′ thence
617
N 80° 09′ 19″ W a distance of 37.06′ thence S 80° 27′
618
42″ W a distance of 31.65′ thence N 67° 45′ 37″ W a
619
distance of 23.24′ thence N 02° 11′ 39″ W a distance
620
of 13.62′ thence S 61° 27′ 37″ E a distance of 22.30′
621
thence cont along MHWL thence N 70° 09′ 07″ E a
622
distance of 25.52′ thence N 54° 29′ 37″ E a distance
623
of 134.04′ thence cont along said MHWL point being
624
most northerly side of Piney Point N 88° 28′ 44″E a
625
distance of 48.18′ thence S 80° 19′ 03″ E a distance
626
of 80.55′ thence N 65° 09′ 03″ E a distance of 35.10′
627
thence S 58° 23′ 58″ E a distance of 48.51′ thence N
628
70° 36′ 00″ E a distance of 41.20′ thence S 57° 37′
629
44″ E a distance of 51.59′ thence N 85° 40′ 16″ E a
630
distance of 42.39′ thence N 63° 49′ 06″ E a distance
631
of 36.41′ thence S 79° 53′ 46″ E a distance of 23.46′
632
thence S 67° 11′ 50″ E a distance of 65.33′ thence S
633
87° 49′ 35″ E a distance of 78.78′ thence N 87° 44′
634
29″ E a distance of 66.56′ thence N 69° 02′ 32″ E a
635
distance of 47.64′ thence cont along said MHWL N 77°
636
48′ 22″ E a distance of 57.21′ thence N 72° 35′ 46″ E
637
a distance of 57.61′ thence N 67° 51′ 14″ E a distance
638
of 51.28′ hence N 01° 58′ 56″ E a distance of 48.64′
639
thence N 38° 40′ 23″ E a distance of 39.12′ thence N
640
90° 00′ 00″ E a distance of 22.22′ thence S 49° 14′
641
59″ E a distance of 21.27′ thence S 37° 59′ 05″ E a
642
distance of 28.88′ thence S 00° 39′ 05″ W a distance
643
of 48.87′ thence cont on said MHWL N 59° 13′ 40″ E a
644
distance of 30.39′ thence N 70° 30′ 22″ E for a
645
distance of 28.29′ thence N 14° 47′ 20″ E for a
646
distance of 31.24′ thence N 28° 41′ 51″ E a distance
647
of 42.12′ thence N 10° 00′ 00″ W a distance of 41.84′
648
thence N 56° 13′ 32″ E a distance of 29.03′ thence N
649
90° 00′ 00″ E a distance of 30.69′ thence S 01° 08′
650
47″ E a distance of 34.86′ thence N 47° 30′ 11″ E a
651
distance of 56.76′ thence N 33° 53′ 58″ E a distance
652
of 56.27′ thence N 70° 21′ 17″ E a distance of 31.10′
653
thence cont along said MHWL N 29° 48′ 31″ E a distance
654
of 255.11 thence N 27°27′03″E a distance of 208.93
655
thence N 33° 23′ 54″ E a distance of 214.28′ thence N
656
33° 17′ 14″ E a distance of 136.49″ thence N 76° 02′
657
27″ E a distance of 135.64′ to the point of beginning.
659
Nothing in this charter, including this section, relating to the
660
granting of powers, shall grant the Port Authority any rights or
661
authority related to piloting, including, but not limited to,
662
the examination, appointment, or licensing of pilots, performing
663
any acts or activities of pilots or pilotage, or fixing the
664
rates of pilots, all of which shall be governed by the laws of
665
the State of Florida and chapter 310.
666
Section 8.7. Contracts for borrowing of money.—Pursuant to
667
chapter 315, Florida Statutes, and this charter, the Port
668
Authority may contract with any person, firm, corporation, or
669
public body or with the United States or any agency or
670
instrumentality thereof for the borrowing of money for paying
671
all or any part of the cost of any one or more port facilities,
672
and any such contract may contain such terms, conditions, or
673
provisions as the Port Authority may determine not in conflict
674
with the provisions of this charter or chapter 315, Florida
675
Statutes. The provisions of section 14 13 of this charter
676
applicable to bonds shall be applicable also to contracts
677
entered into under the above provisions of this section. Any
678
such contract may be hypothecated by the Port Authority and the
679
Port Authority may borrow money under such terms and conditions
680
as it shall determine in anticipation of the receipt of funds
681
under such contract.
682
Section 9.8. Taxation and judgment liens Exemption from
683
taxation.—As adequate port facilities are essential for the
684
welfare of the inhabitants and the industrial and commercial
685
development of the area within or served by the Port Authority,
686
and as the exercise of the powers conferred by this charter to
687
effect such purposes constitute the performance of proper public
688
and governmental functions, and as such port facilities
689
constitute public property and are used for public purposes,
690
property, real and personal, tangible and intangible, now owned
691
or hereinafter acquired and held by the Port Authority, the Port
692
Authority shall not be required to pay any state, county,
693
municipal, or other taxes or assessments thereof, or upon the
694
income therefrom, and any bonds issued under the provisions of
695
this charter, their transfer and the income therefrom, including
696
any profit made on the sale thereof, shall at all times be free
697
from taxation within the state. No judgment or decree, writ of
698
execution, or any other writ issued or tendered against the Port
699
Authority shall be a lien upon the real or personal property now
700
owned or hereafter acquired and held by the Port Authority. All
701
property, both real and personal, tangible and intangible, now
702
owned or hereafter acquired and held by the Port Authority shall
703
be exempt from sale, under writ of execution and any other
704
judicial sale.
705
Section 10.9. Resolutions authorized.—All action required
706
or authorized to be taken under the provisions of this charter
707
or chapter 315, Florida Statutes, by the Port Authority may be
708
by resolution, which resolution may be adopted at the meeting of
709
the Port Authority at which such resolution is introduced and
710
shall take effect immediately upon such adoption. Except as
711
otherwise provided in this charter, no resolution under this
712
charter need be published or posted, nor shall any such
713
resolution require for its passage more than a majority of all
714
the members of the Port Authority then in office.
715
Section 11.10. Liberal construction.—This charter, being
716
necessary for the welfare of the inhabitants of the state, shall
717
be liberally construed to effect the purposes thereof.
718
Section 12.11. Chapter cumulative.—This charter shall be
719
deemed to provide an additional and alternative method for the
720
doing of the things authorized hereby and shall be regarded as
721
supplemental and additional to the powers conferred by any other
722
law, and shall not be regarded as in derogation of any powers
723
now existing. Bonds may be issued and any other action may be
724
taken hereunder notwithstanding that any other law may provide
725
for the issuance of bonds for like purposes or the taking of
726
like action and without regard to the requirements,
727
restrictions, or procedural provisions contained in any other
728
law.
729
Section 13.12. Bonds.—Pursuant to chapter 315, Florida
730
Statutes, and this charter, the Port Authority is hereby
731
authorized to provide by resolution, at one time or from time to
732
time, for the issuance of bonds for the purpose of paying all or
733
a part of the cost of any one or more port facilities, including
734
the cost of enlargement, expansion, or development of the Port
735
Authority whether the property used there has previously been
736
acquired or not and the cost of removing therefrom or relocating
737
or reconstructing at another location any buildings, structures,
738
or facilities, which in the opinion of the Port Authority
739
constitute obstructions or hazards to the safe or efficient
740
operation of any such project or for the purposes of paying off
741
and retiring any bonds issued or assumed under the provisions of
742
this act. The bonds of each issue or series shall be dated,
743
shall bear interest, and shall mature at such time or times not
744
exceeding 40 years from their date or dates, as may be
745
determined by the Port Authority, and may be made redeemable
746
before maturity, at the option of the Port Authority, at such
747
price or prices and under such terms and conditions as may be
748
fixed by the Port Authority prior to the issuance of the bonds.
749
The Port Authority shall determine the form of the bonds,
750
including any interest coupons to be attached thereto, and the
751
manner or execution of the bonds, and shall fix the denomination
752
or denominations of the bonds, and the place or places of
753
payment of principal and interest, which may be at any bank or
754
trust company within or without the state. The resolution
755
authorizing the issuance of the bonds shall contain such
756
provisions relating to the use of the proceeds from the sale of
757
the bonds and for the protection and security of holders of the
758
bonds, including their rights and remedies, and the rights,
759
powers, privileges, duties, and obligations of the Port
760
Authority with respect to the same, as shall be determined by
761
the Port Authority. In case any officer whose signature or a
762
facsimile of whose signature shall appear on the bonds or
763
coupons shall cease to be such officer before the delivery of
764
such bonds, such signature or such facsimile shall nevertheless
765
be valid and sufficient for all purposes the same as if he or
766
she had remained in office until such delivery, and any bond may
767
bear the facsimile signature of, or may be signed by, such
768
persons as at the actual time of the execution of such bond
769
shall be the proper officers to sign such bond, although at the
770
date of such bond such persons may not have been such officers.
771
Notwithstanding any other provisions of this charter or any
772
recitals in any bonds issued under the provisions of this
773
charter, all such bonds shall be deemed to be negotiable
774
instruments under the laws of Florida. The bonds shall may be
775
issued in coupon or in registered form, or both, as the Port
776
Authority may determine, and provision may be made for the
777
registration of any coupon bonds as to principal alone and also
778
as to both principal and interest, for the reconversion into
779
couponed bonds of any bonds registered as to both principal and
780
interest, and for the interchange of coupon and registered
781
bonds. The issuance of such bonds shall not be subject to any
782
limitation or conditions contained in any other law, and any
783
bonds issued under this charter shall not be considered in
784
computing the amount of indebtedness which Manatee County or the
785
Port Authority may incur under any other law. The Port Authority
786
may sell such bonds in such manner, either at public or private
787
sale and for such price, as it may determine to be for the best
788
interest of the Port Authority. Prior to the delivery of
789
definitive bonds, the Port Authority may, under like
790
restrictions, issue interim receipts or temporary bonds, with or
791
without coupons, exchangeable for definitive bonds when such
792
bonds have been executed and are available for delivery. The
793
Port Authority may also provide for the replacement of any bonds
794
which have become mutilated or destroyed or lost. Bonds may be
795
issued under the provisions of this charter without obtaining
796
the consent of any commission, board, bureau, or agency of the
797
state, and without any other proceeding or the happening of any
798
other condition or thing than those proceedings, conditions, or
799
things which are specifically required by this charter.
800
Section 14.13. Source of payment and security for bonds.—
801
The Port Authority may provide that bonds issued under the
802
provisions of this charter or chapter 315, Florida Statutes,
803
shall be payable from and secured by a pledge of any one or more
804
of the following sources:
805
(1) Revenues of any one or more port facilities now owned
806
or hereafter acquired or constructed by the Port Authority.
807
(2) Proceeds of the sale or lease of all or any part of
808
any port facilities now or hereafter owned by the Port Authority
809
as such facilities may be extended, enlarged, or improved, or of
810
any property improved, created, extended, or enlarged or
811
prepared for sale or lease under the authority of this charter.
812
(3) Any money received by the Port Authority from the
813
United States or any agency or instrumentality thereof in
814
connection with any port facilities or in repayment of any
815
advances made by the Port Authority for all or any part of the
816
cost of any port facilities.
817
(4) Any funds received or to be received from the State of
818
Florida under authority of chapter 315, Florida Statutes. The
819
Legislature does hereby covenant with the holders of bonds
820
issued pursuant to the provisions of this law that it will not
821
enact any law which will repeal, impair or amend, in any manner,
822
the rights of such holders or the security of the taxes received
823
pursuant to s. 212.20, Florida Statutes, which may be pledged to
824
the payment of the principal or of interest on such bonds and
825
the redemption premium, if any.
827
The Board of County Commissioners of Manatee County may provide
828
that such bonds shall be additionally secured by the full faith
829
credit and taxing power of said Manatee County and that the
830
county shall be irrevocably and unconditionally obligated to
831
levy ad valorem taxes upon all taxable property within said
832
county without limit as to rate or amount for the payment of the
833
principal of and interest on said bonds to the full extent that
834
the revenues or other funds pledged for such principal and
835
interest on said bonds by the authority are insufficient
836
therefor. No pledge of the full faith and credit of said county
837
for the payment of the principal of and interest on said bonds
838
shall be made, however, until the same shall have been approved
839
by the qualified electors who are freeholders residing in said
840
county in the manner provided in the constitution and statutes
841
of the State of Florida. The Port Authority may additionally
842
secure any such bonds by a mortgage or other encumbrance,
843
subject to such terms and conditions as it shall provide, upon
844
all or any part of any port facilities now or hereafter owned by
845
the Port Authority, as such facilities may be extended,
846
enlarged, or improved, or of any property of the Port Authority
847
improved, created, extended, or enlarged or prepared for sale or
848
lease under the authority of this charter, and the Port
849
Authority is hereby authorized to sell at public or private
850
sale, or lease any such port facilities or property, subject to
851
such terms and conditions and for such price, payable at one
852
time or from time to time in installments as the Port Authority
853
may provide, and to apply the proceeds of any such sale or
854
lease, after paying all costs in connection therewith, to
855
payment of the cost of any port facilities financed under the
856
provisions of this law or to the payment of the principal or of
857
the interest or redemption premiums on any bonds issued
858
hereunder or to the payment of any other obligation or
859
obligations herein authorized.
860
Section 15.14. Refunding bonds.—Pursuant to chapter 315,
861
Florida Statutes, and this charter, the Port Authority is hereby
862
authorized by resolution to provide for the issuance of
863
refunding bonds of the Port Authority for the purpose of
864
refunding any bonds then outstanding which shall have been
865
issued under the provisions of this charter or which shall have
866
been issued to provide funds for the payment of the cost of any
867
port facilities under the provision of any other charter,
868
including the payment of any redemption premium thereof and any
869
interest accrued or to accrue to the date of redemption of such
870
bonds, and, if deemed advisable by the Port Authority, for the
871
additional purpose of acquiring or constructing additional port
872
facilities. The issuance of such bonds, the maturities and other
873
details thereof, the rights of the holders thereof, and the
874
rights, duties, and obligations of the Port Authority in respect
875
of the same, shall be governed by the provisions of this charter
876
insofar as the same may be applicable.
877
Section 16.15. Trust agreement or resolution.—In the
878
discretion of the Port Authority, any bonds issued under the
879
provisions of chapter 315, Florida Statutes, or this charter may
880
be secured by a resolution or a trust agreement by and between
881
the Port Authority and a corporate trustee, which may be any
882
trust company or bank having the powers of a trust company
883
within or without the state. Such trust agreement or the
884
resolution providing for the issuance of such bonds may contain
885
such provisions for protecting and enforcing the rights and
886
remedies of the bondholders as may be reasonable and proper and
887
not in violation of law, including covenants setting forth the
888
use of bond proceeds and the duties of the Port Authority in
889
relation to the acquisition of property and the acquisition,
890
construction, improvement, maintenance, repair, lease,
891
operating, and insurance of any port facilities in connection
892
with which such bonds shall have been authorized, the custody,
893
safeguarding, or application of all moneys, and conditions or
894
limitations with respect to the issuance of additional bonds. It
895
shall be lawful for any bank or trust company incorporated under
896
the laws of Florida which may act as depositary of the proceeds
897
of bonds or of revenue or other funds to furnish such
898
indemnifying bonds or to pledge such securities as may be
899
required by the Port Authority. Any such trust agreement or
900
resolution may set forth the rights and remedies of the
901
bondholders and of the trustee under any such trust agreement or
902
resolution, and may restrict the individual right of action by
903
bondholders. In addition to the foregoing, any such trust
904
agreement or resolution may contain such other provisions as the
905
Port Authority may deem reasonable and proper for the security
906
of the bondholders. All expenses incurred in carrying out the
907
provisions of such trust agreement or resolution shall be
908
treated as a part of the cost of the operation of the port
909
facilities.
910
Section 17.16. Status as legal investments.—Bonds issued
911
under the provisions of chapter 315, Florida Statutes, or this
912
charter are hereby made securities in which all public officers
913
and public bodies of the state and its political subdivisions,
914
all insurance companies, trust companies, banking associations,
915
investment companies, executors, administrators, trustees, and
916
other fiduciaries may properly and legally invest funds,
917
including capital in their control or belonging to them. Such
918
bonds are hereby made securities which may properly and legally
919
be deposited with and received by any state or county officer or
920
any agency or political subdivision of the state for any purpose
921
for which the deposit of bonds or obligations of the Port
922
Authority Manatee County is now or may hereafter be authorized
923
by law.
924
Section 18.17. Remedies of bondholders.—Any holder of
925
bonds issued under the provisions of this charter or any of the
926
coupons appertaining thereto, and the trustee under any trust
927
agreement or resolution, except to the extent the rights herein
928
given may be restricted by such trust agreement or the
929
resolution authorizing the issuance of such bonds may, either at
930
law or in equity, by suit, action, mandamus, or other
931
proceedings, protect and enforce any and all rights under the
932
laws of the state or granted hereunder or under such trust
933
agreement or resolution, and may enforce and compel the
934
performance of all duties required by this charter or by bank
935
trust agreement or resolution to be performed by the Port
936
Authority or by any officer thereof, including the fixing,
937
charging, and collecting of rates, rentals, and other charges.
938
Section 19. Budget and finance.—The books, audits, and
939
records of the Port Authority shall at all reasonable hours on
940
regular business days be open to inspection as provided by law.
941
All money of the Port Authority shall be kept fully and
942
adequately secured at all times. The books and public records of
943
the Port Authority shall be audited by an independent auditor
944
annually. The fiscal year of the Port Authority shall begin
945
October 1 of each year and end September 30 of each year, unless
946
otherwise determined by the Port Authority.
947
Section 20. Rights of bondholders.—All bonds issued by the
948
former Port Authority, a dependent district, are the liability,
949
responsibility, and obligation of the Port Authority, an
950
independent special district, and continue to be secured as
951
provided in such bonds. The rights of the holders of existing
952
outstanding bonds shall be unimpaired. Rights, duties, and
953
obligations of the Port Authority are ratified and remain
954
unchanged.
955
Section 21. Transfer of assets and liabilities.—Effective
956
October 1, 2026, the former Port Authority, a dependent
957
district, shall become the Port Authority, an independent
958
special district, with all contracts, assets, obligations, and
959
liabilities of the former Port Authority becoming the contracts,
960
assets, obligations, and liabilities of the Port Authority as an
961
independent special district. The former Port Authority shall
962
take all actions necessary to convey, assign or transfer, and
963
setover:
964
(1) All of the rights, titles, and interests of the former
965
Port Authority in and to its marine port facilities, including,
966
without limitation, its real and personal property and any
967
interests therein, books, records, contracts, leases, and all
968
other property of any kind or nature related to the operation of
969
the marine port, by operation of this act, and without further
970
act, to the Port Authority.
971
(2) All contracts and leases relating to the former Port
972
Authority's marine port operations shall, by this and without
973
further act, become contracts and leases of the Port Authority.
974
All accounts receivable, accounts payable, and cash on hand
975
relating to the former Port Authority's marine port operations
976
shall, by operation of this act, and without further act, be
977
transferred or delivered to the Port Authority.
978
(3) All operating expenses, including taxes of all kinds
979
and all revenue and expense accruals of the former Port
980
Authority's marine operations shall be transferred to the Port
981
Authority, on the effective date at transfer.
982
(4) The conveyances specified in this section shall be
983
effective as of October 1, 2026.
984
Section 22. Rights of employees.—Effective October 1,
985
2026, in order to preserve the rights of employees of the former
986
Port Authority to continue participation in the Florida
987
Retirement System pursuant to chapter 121, Florida Statutes, the
988
Port Authority created by this act shall be a county agency and
989
employees of the Port Authority who are currently participating
990
the Florida Retirement System and all employees after October 1,
991
2026, shall participate in the Florida Retirement System,
992
notwithstanding any law to the contrary. It is expressly
993
provided that none of the employees of the former Port Authority
994
shall lose any rights or benefits of whatsoever kind or nature
995
afforded to them by any law or existing policy, or plan,
996
including, but not limited to, pension benefits by virtue of the
997
change in corporate structure. All employment rights and
998
employee benefits that existed on with the former Port Authority
999
on September 30, 2026, are hereby confirmed, ratified, and
1000
continued, effective October 1, 2026, with the Port Authority as
1001
an independent special district.
1002
Section 23. Direct-support organization.—The Port
1003
Authority shall have the power and authority to establish a
1004
direct-support organization to receive, hold, invest, and
1005
administer property; to make expenditures to or for the benefit
1006
of the Port Authority; and to promote the development and
1007
expansion of the economic, historical, and cultural
1008
contributions of the maritime industry of the Port Authority. A
1009
direct-support organization established pursuant to this section
1010
shall be approved by the Port Authority and be a corporation not
1011
for profit, incorporated under chapter 617, Florida Statutes,
1012
and approved by the Department of State. The direct-support
1013
organization shall be organized and operated exclusively to
1014
carry out the purposes set forth in this charter.
1015
(1) The direct-support organization is authorized and
1016
permitted to use property, facilities, and employee services of
1017
the Port Authority subject to the conditions prescribed by the
1018
Port Authority. The conditions shall provide for budget and
1019
audit review and oversight by the Port Authority.
1020
(2) The direct-support organization shall provide equal
1021
employment opportunities to all persons, regardless of race,
1022
color, religion, sex, age, or national origin.
1023
(3) The board of directors of the direct-support
1024
organization shall be appointed by the Port Authority and shall
1025
include the chair of the Port Authority, or his or her designee,
1026
and the chief executive officer as members. The Port Authority
1027
shall approve the articles of incorporation and bylaws of the
1028
direct-support organization and any amendments thereto.
1029
(4) The annual budget of the direct-support organization
1030
shall be presented to and approved by the Port Authority on or
1031
before the beginning of the fiscal year adopted by the direct-
1032
support organization. In any fiscal year in which the direct-
1033
support organization has more than $100,000 in expenditures or
1034
expenses, the direct-support organization shall provide an
1035
annual financial audit of its accounts and records, to be
1036
conducted by an independent certified public accountant in
1037
accordance with the rules adopted by the Auditor General
1038
pursuant to s. 11.45(8), Florida Statutes. The annual audit
1039
report shall be submitted within 9 months after the end of the
1040
fiscal year to the Port Authority. The Auditor General and
1041
Office of Program Policy Analysis and Government Accountability
1042
have the authority to require and receive from the direct-
1043
support organization any records relative to the operation of
1044
the organization.
1045
Section 24. Control or jurisdiction over authority.—The
1046
rates, rentals, tolls, and other revenues and income of the Port
1047
Authority and its contracts, agreements, and acts shall not be
1048
subject to the regulation by the state or any board, lobby,
1049
body, agency, or political subdivision thereof, except as
1050
otherwise set forth in the charter or as required by applicable
1051
law.
1052
This act shall be construed as remedial and Section 2.
1053
shall be liberally construed to promote the purpose for which it
1054
is intended.
1055
Section 3. In the event that any part of this act should
1056
be held void for any reason, such holding shall not affect any
1057
other part thereof.
1058
Section 4. This act shall take effect upon becoming a law.