H 4105

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2An act relating to the Port St. Joe Port Authority,
3Franklin, Gadsden, Gulf, and Liberty Counties;
4amending chapter 2000-488, Laws of Florida; expanding
5the Port St. Joe Port Authority to include Franklin,
6Gadsden, and Liberty Counties; revising membership of
7the governing body of the authority; providing for the
8selection of a chair of the governing body; providing
9for transition; providing for staggered terms;
10providing an effective date.
11
12Be It Enacted by the Legislature of the State of Florida:
13
14Section 1.  Sections 1, 2, 3, 4, 6, and 7 and subsection
15(12) of section 8 of section 3 of chapter 2000-488, Laws of
16Florida, are amended to read:
17Section 1.  Creation; boundaries.—There is hereby created a
18body corporate to be known as the Port St. Joe Port Authority
19with the corporate powers to sue and be sued and with the
20additional powers specified herein. Said authority shall be a
21public agency for the development of commerce and the port of
22Port St. Joe. The boundaries of the Port St. Joe Port Authority
23shall embrace and include all of Franklin, Gadsden, Gulf, and
24Liberty Counties.
25Section 2.  Governing Body.—
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26(1)     The Port St. Joe Port Authority shall consist of six
27    (6) five (5) commissioners who shall constitute said authority.
28    The said six (6) five (5) members shall be appointed by the
29    Governor, with one (1) member who is a resident of the City of
30    Port St. Joe to serve as chair of the authority, two (2) members
31    who are residents of Gulf County, and one (1) member from each
32    of Franklin, Gadsden, and Liberty Counties who shall be a
33    resident of the respective county. from the date this act
34    becomes a law, the first appointments shall be three (3) for
35    four (4) years and two (2) for two (2) years. Thereafter All
36    appointments shall be for a term of four (4) years from the
37    expiration of the previous term and all vacancies shall be
38    filled by the Governor for the unexpired term. No commissioner
39    shall be an officer or employee of the City of Port St. Joe,
40    Franklin County, Gadsden County, Florida, the County of Gulf
41    County, Liberty County, or the State of Florida, excepting
42    members of the militia or notaries public. No more than two (2)
43    of the commissioners shall be persons who are primarily engaged
44    in the maritime business, and no person shall be eligible for
45    appointment as commissioner except freeholders of the City of
46    Port St. Joe or Gulf County, Florida. The commissioners
47    constituting the Port St. Joe Port Authority shall select one
48    (1) of their members as chair and the term of office of the
49    chair shall be two (2) years from the date of his or her
50    selection. The commissioners shall receive no compensation for
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51    their services but the authority is hereby allowed travel and
52    other expenses which shall be paid as other expenses. Three (3)
53    commissioners shall constitute a quorum for the purpose of
54    conducting business, exercising its powers, and for all other
55    purposes.
56(2)     Notwithstanding subsection (1) of this section, the
57    offices and terms of all members of the authority as of the
58    effective date of this act shall end as of the effective date of
59    this act, but such members may continue to serve until a
60    successor in office is appointed by the Governor. In order to
61    provide for staggered terms, one (1) member who is a resident of
62    Gulf County and one (1) member who is a resident of Gadsden
63    County initially appointed to the authority after the effective
64    date of this act shall serve two (2) year terms.
65Section 3.  Employees.—The Port St. Joe Port Authority is
66    hereby empowered to employ an executive director of the
67    authority whose compensation shall be fixed by resolution of the
68    commissioners of said authority. And the said authority is
69    empowered to employ its own counsel, secretary, technical
70    experts, and such other employees, permanent and temporary, as
71    it may require, and it is empowered to determine the
72    qualifications, duties, and compensation of such employees. None
73    of the said employees shall be covered by any local civil
74    service laws now or hereafter in effect with respect to
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75    employees of the City of Port St. Joe or Franklin County,
76    Gadsden County, Gulf County, or Liberty County.
77Section 4.  Powers.—The Port St. Joe Port Authority, as
78    hereby created, is hereby authorized and empowered:
79(1)     To own and acquire property or facilities by purchase,
80    lease, easement, eminent domain, gift, or transfer from the City
81    of Port St. Joe or from Franklin County, Gadsden County, Gulf
82    County, or Liberty County, the United States of America, the
83    State of Florida, any agencies thereof, corporations, or
84    individuals,
85(2)     To acquire, construct, maintain, and operate: port
86    terminal facilities; warehouses; wharves; docks; drydocks;
87    quays; yacht basins; bridges; ship basins; breakwaters;
88    foundation for shipways; fitting out docks; shipyards; marine
89    railways; railroads; repair shops; loading and unloading,
90    packaging and refrigeration facilities; and all other harbor,
91    port, commercial, and industrial improvements and facilities,
92(3)     To enter into contracts or leases with individuals,
93    corporations, any municipality, the State of Florida, and the
94    United States of America, or any other public body to operate
95    facilities owned or leased by said port authority,
96(4)     To enter into contracts for furthering the business,
97    operation, and maintenance of shipping facilities and harbor and
98    port improvements within the boundaries of the authority Gulf
99    County.
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100Section 6.  Limitation of Powers.—The Port St. Joe Port
101    Authority, as hereby created, shall have no power or authority
102    to bind or commit the City of Port St. Joe, a municipal
103    corporation, or Franklin County, Gadsden County, Gulf County, or
104    Liberty County, in any manner, directly or indirectly; and the
105    said City of Port St. Joe or Franklin County, Gadsden County,
106    Gulf County, or Liberty County shall not be liable or
107    responsible in any manner for any of the debts, liabilities,
108    obligations, acts, or omissions of the Port St. Joe Port
109    Authority or any of its officers or employees. All persons
110    dealing with the said authority are hereby charged with full
111    notice of this limitation and its powers.
112Section 7.  Appropriations from local governments City of
113    Port St. Joe and Gulf County.—The City of Port St. Joe, as well
114    as Franklin, Gadsden, Gulf, and Liberty Counties, and also Gulf
115    County are empowered to appropriate and contribute to the Port
116    St. Joe Port Authority such sums of money for the operation
117    expenses of the said authority as the commission of the said
118    city and the county commission may from year to year determine
119    through the city's and county's budgets. Such sums of money as
120    are so appropriated and contributed by the City of Port St. Joe
121    and the aforementioned counties Gulf County shall be paid to the
122    Port St. Joe Port Authority upon its requisition signed by the
123    chair and any two (2) other members thereof. The County
124    Commission of Gulf County may pledge the second gas tax or may
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125    levy a millage and the City of Port St. Joe may levy a millage
126    to finance said Port St. Joe Port Authority.
127Section 8.  Minimum Charter Requirements.—
128(12)        The District's geographic boundary limitations shall
129    consist of all of Franklin, Gadsden, Gulf, and Liberty Counties
130    be the same as those of Gulf County.
131Section 2.  This act shall take effect upon becoming a law.
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