THE BILL ITSELF
CS/HB 4105
Port St. Joe Port Authority, Franklin, Gadsden, Gulf, and Liberty Counties
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An act relating to the Port St. Joe Port Authority,
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Franklin, Gadsden, Gulf, and Liberty Counties;
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amending chapter 2000-488, Laws of Florida; expanding
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the Port St. Joe Port Authority to include Franklin,
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Gadsden, and Liberty Counties; revising membership of
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the governing body of the authority; providing for the
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selection of a chair of the governing body; providing
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for transition; providing for staggered terms;
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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. Sections 1, 2, 3, 4, 6, and 7 and subsection
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(12) of section 8 of section 3 of chapter 2000-488, Laws of
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Florida, are amended to read:
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Section 1. Creation; boundaries.—There is hereby created a
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body corporate to be known as the Port St. Joe Port Authority
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with the corporate powers to sue and be sued and with the
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additional powers specified herein. Said authority shall be a
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public agency for the development of commerce and the port of
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Port St. Joe. The boundaries of the Port St. Joe Port Authority
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shall embrace and include all of Franklin, Gadsden, Gulf, and
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Liberty Counties.
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Section 2. Governing Body.—
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(1) The Port St. Joe Port Authority shall consist of six
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(6) five (5) commissioners who shall constitute said authority.
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The said six (6) five (5) members shall be appointed by the
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Governor, with one (1) member who is a resident of the City of
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Port St. Joe to serve as chair of the authority, two (2) members
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who are residents of Gulf County, and one (1) member from each
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of Franklin, Gadsden, and Liberty Counties who shall be a
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resident of the respective county. from the date this act
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becomes a law, the first appointments shall be three (3) for
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four (4) years and two (2) for two (2) years. Thereafter All
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appointments shall be for a term of four (4) years from the
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expiration of the previous term and all vacancies shall be
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filled by the Governor for the unexpired term. No commissioner
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shall be an officer or employee of the City of Port St. Joe,
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Franklin County, Gadsden County, Florida, the County of Gulf
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County, Liberty County, or the State of Florida, excepting
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members of the militia or notaries public. No more than two (2)
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of the commissioners shall be persons who are primarily engaged
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in the maritime business, and no person shall be eligible for
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appointment as commissioner except freeholders of the City of
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Port St. Joe or Gulf County, Florida. The commissioners
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constituting the Port St. Joe Port Authority shall select one
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(1) of their members as chair and the term of office of the
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chair shall be two (2) years from the date of his or her
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selection. The commissioners shall receive no compensation for
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their services but the authority is hereby allowed travel and
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other expenses which shall be paid as other expenses. Three (3)
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commissioners shall constitute a quorum for the purpose of
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conducting business, exercising its powers, and for all other
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purposes.
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(2) Notwithstanding subsection (1) of this section, the
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offices and terms of all members of the authority as of the
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effective date of this act shall end as of the effective date of
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this act, but such members may continue to serve until a
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successor in office is appointed by the Governor. In order to
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provide for staggered terms, one (1) member who is a resident of
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Gulf County and one (1) member who is a resident of Gadsden
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County initially appointed to the authority after the effective
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date of this act shall serve two (2) year terms.
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Section 3. Employees.—The Port St. Joe Port Authority is
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hereby empowered to employ an executive director of the
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authority whose compensation shall be fixed by resolution of the
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commissioners of said authority. And the said authority is
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empowered to employ its own counsel, secretary, technical
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experts, and such other employees, permanent and temporary, as
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it may require, and it is empowered to determine the
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qualifications, duties, and compensation of such employees. None
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of the said employees shall be covered by any local civil
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service laws now or hereafter in effect with respect to
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employees of the City of Port St. Joe or Franklin County,
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Gadsden County, Gulf County, or Liberty County.
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Section 4. Powers.—The Port St. Joe Port Authority, as
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hereby created, is hereby authorized and empowered:
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(1) To own and acquire property or facilities by purchase,
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lease, easement, eminent domain, gift, or transfer from the City
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of Port St. Joe or from Franklin County, Gadsden County, Gulf
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County, or Liberty County, the United States of America, the
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State of Florida, any agencies thereof, corporations, or
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individuals,
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(2) To acquire, construct, maintain, and operate: port
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terminal facilities; warehouses; wharves; docks; drydocks;
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quays; yacht basins; bridges; ship basins; breakwaters;
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foundation for shipways; fitting out docks; shipyards; marine
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railways; railroads; repair shops; loading and unloading,
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packaging and refrigeration facilities; and all other harbor,
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port, commercial, and industrial improvements and facilities,
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(3) To enter into contracts or leases with individuals,
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corporations, any municipality, the State of Florida, and the
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United States of America, or any other public body to operate
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facilities owned or leased by said port authority,
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(4) To enter into contracts for furthering the business,
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operation, and maintenance of shipping facilities and harbor and
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port improvements within the boundaries of the authority Gulf
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County.
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Section 6. Limitation of Powers.—The Port St. Joe Port
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Authority, as hereby created, shall have no power or authority
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to bind or commit the City of Port St. Joe, a municipal
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corporation, or Franklin County, Gadsden County, Gulf County, or
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Liberty County, in any manner, directly or indirectly; and the
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said City of Port St. Joe or Franklin County, Gadsden County,
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Gulf County, or Liberty County shall not be liable or
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responsible in any manner for any of the debts, liabilities,
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obligations, acts, or omissions of the Port St. Joe Port
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Authority or any of its officers or employees. All persons
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dealing with the said authority are hereby charged with full
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notice of this limitation and its powers.
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Section 7. Appropriations from local governments City of
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Port St. Joe and Gulf County.—The City of Port St. Joe, as well
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as Franklin, Gadsden, Gulf, and Liberty Counties, and also Gulf
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County are empowered to appropriate and contribute to the Port
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St. Joe Port Authority such sums of money for the operation
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expenses of the said authority as the commission of the said
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city and the county commission may from year to year determine
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through the city's and county's budgets. Such sums of money as
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are so appropriated and contributed by the City of Port St. Joe
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and the aforementioned counties Gulf County shall be paid to the
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Port St. Joe Port Authority upon its requisition signed by the
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chair and any two (2) other members thereof. The County
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Commission of Gulf County may pledge the second gas tax or may
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levy a millage and the City of Port St. Joe may levy a millage
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to finance said Port St. Joe Port Authority.
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Section 8. Minimum Charter Requirements.—
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(12) The District's geographic boundary limitations shall
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consist of all of Franklin, Gadsden, Gulf, and Liberty Counties
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be the same as those of Gulf County.
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Section 2. This act shall take effect upon becoming a law.