This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1591.LAV
DATE: 1/31/2022
HOUSE OF REPRESENTATIVES LOCAL BILL STAFF ANALYSIS
BILL #: HB 1591 Hernando County
SPONSOR(S): Ingoglia
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Local Administration & Veterans Affairs
Subcommittee
Mwakyanjala Miller
2) State Affairs Committee
SUMMARY ANALYSIS
The Hernando County Port Authority (Authority) was created by special act in 1965 as an independent special
district. The Authority was created to allow Hernando County to utilize the capital financing mechanisms
required by the 1959 Port Facilities Financing Law. The Authority is governed by a board of five members
appointed by the Board of County Commissioners of Hernando County.
The bill amends ch. 65-1618, s.2, Laws of Florida, as amended by ch. 71-666, Laws of Florida, substituting the
Board of County Commissioners of Hernando County as the Hernando County Port Authority rather than
appoint separate members to the Authority.
The bill does not appear to have an economic impact on state or local government. STORAGE NAME: h1591.LAV PAGE: 2
DATE: 1/31/2022
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation
Special Districts
A "special district" is a unit of local government created for a particular purpose, with jurisdiction to
operate within a limited geographic boundary.
1
Special districts are created by general law, special act,
local ordinance, or by rule of the Governor and Cabinet.
2
A special district has only those powers
expressly provided by, or reasonably implied from, the authority provided in the district’s charter.
3
Special districts provide specific municipal services in addition to, or in place of, those provided by a
municipality or county.
4
A “dependent special district” is a special district subject to significant control by
the governing body of a single county or municipality.
5
An “independent special district” is any district
that is not a dependent special district.
6
Special districts do not possess “home rule” powers and may impose only those taxes, assessments,
or fees authorized by special or general law. The special act creating an independent special district
may provide for funding from a variety of sources while prohibiting others. For example, ad valorem tax
authority is not mandatory for a special district.
7
Hernando County Port Authority
The Hernando County Port Authority (Authority) was created by special act in 1965 (Act) as an
independent special district.
8
The Authority was created to allow Hernando County to utilize the capital
financing mechanisms required by the 1959 Port Facilities Financing Law.
9
The Authority initially was governed by a board of five members appointed by the Governor and
confirmed by the Senate. The terms of the members were to be one year, two years, three years, four
years, and five years, as designated by the Governor upon the member’s appointment. The board
chose a member to serve as chairman for two-year terms.
10
In 1971, the charter of the Authority was amended to require the members of the Authority be
appointed by the Board of County Commissioners of Hernando County (BOCC). The term of each
1
See Halifax Hospital Medical Center v. State of Fla., et al., 278 So. 3d 545, 547 (Fla. 2019).
2
See ss. 189.02(1), 189.031(3), and. 190.005(1), F.S. See generally s. 189.012(6), F.S.
3
Halifax Hospital Medical Center, supra at 547. See ss. 189.02(4)-(5) and 189.031(3), F.S. Counties and municipalities
have “home rule” powers allowing them to enact ordinances not inconsistent with general or special law for governmental,
corporate, or proprietary purposes. Special districts do not possess home rule powers and are permitted to impose only
those taxes, assessments, or fees authorized by special or general law. See art. VIII, ss. 1(f) and (g), 2(b), s. 6(e), Fla.
Const. and ss. 166.021 and 125.01, F.S. See also 2021 – 2022 Local Gov’t Formation Manual, p. 70, at
https://myfloridahouse.gov/Sections/Committees/committeesdetail.aspx?CommitteeId=3117 (last visited January 30,
2022) (hereinafter Local Government Manual).
4
2020 – 2022 Local Gov’t Formation Manual, pp. 60-61, at
https://myfloridahouse.gov/Sections/Documents/loaddoc.aspx?PublicationType=Committees&CommitteeId=3117&Sessio
n=2021&DocumentType=General+Publications&FileName=2021 -2022+Local+Government+Formation+Manual.pdf (last
visited on January 31, 2022).
5
S. 189.012(2), F.S. Types of such control include the county or municipality governing body acting as the district
governing body, having the authority to appoint or remove at will district board members, or having final approval
authority over the district’s budget.
6
S. 189.012(3), F.S.
7
Art. VII, s. 9(a), Fla. Const.
8
Ch. 65-1618, Laws of Fla.
9
Hernando County Ordinance No. 2021-01. The 1959 Port Facilities Financing Law refers to ss. 315.01-315.18, F.S.
10
Ch. 65-1618, s. 2, Laws of Fla. STORAGE NAME: h1591.LAV PAGE: 3
DATE: 1/31/2022
board member was amended to four years. All vacancies would be filled by the BOCC. The members
of the Authority continued to elect the board chairman.
11
The Authority is granted the power:
To acquire land, submerged land, and water rights;
12
To construct fixtures, facilities, and infrastructure as necessary to promote, create, maintain,
and operate a commercial port;
13
To contract;
14
To take by eminent domain;
15
The right to sue and be sued;
16
To prescribe, fix, maintain and regulate charges, tolls, or rents for the use of any of its
facilities;
17
To mortgage, pledge, or otherwise encumber any of its property or assets;
18
To borrow money and incur indebtedness by the issuance of revenue bonds or certificates;
19
To adopt and enforce rules and regulations or procedures pertaining to the use, acquisition,
maintenance, development, operation or disposal of any of the facilities or projects enumerated
in the special act;
20
To acquire and perform all things enumerated in the special act separately, jointly, or in
conjunction with a municipality or other political subdivision of the state;
21
To employ secretaries, attorneys, engineers, and other technical assistants and employees.
22
The Authority does not have the power to levy ad valorem taxes or non-ad valorem special
assessments.
Effect of the Bill
The bill amends the charter of the Authority to provide that the Board of County Commissioners of
Hernando County (BOCC) shall sit and act as the board for the Authority. All powers and duties of the
Authority are vested in the BOCC. The bill removes the separate provisions for term lengths of
Authority board members, filling vacancies and electing a chairman for the Authority board.
B. SECTION DIRECTORY:
Section 1: Amends ch. 65-1618, s. 2, Laws of Florida. Provides that the board of county
commissioners of Hernando County shall sit and act as the Hernando County Port
Authority.
Section 2: Provides an effective date.
II. NOTICE/REFERENDUM AND OTHER REQUIREMENTS
A. NOTICE PUBLISHED? Yes [X] No []
11
Ch. 71-666, s. 2, Laws of Fla.
12
Ch. 65-1618, s. 3(1), Laws of Fla.
13
Ch. 65-1618, s. 3(2), Laws of Fla.
14
Ch. 65-1618, s. 3(3), Laws of Fla.
15
Ch. 65-1618, s. 3(4), Laws of Fla.
16
Ch. 65-1618, s. 3(5), Laws of Fla.
17
Ch. 65-1618, s. 3(6), Laws of Fla.
18
Ch. 65-1618, s. 3(7), Laws of Fla..
19
Ch. 65-1618, s. 3(8), Laws of Fla.
20
Ch. 65-1618, s. 3(9), Laws of Fla.
21
Ch. 65-1618, s. 3(10), Laws of Fla.
22
Ch. 65-1618, s. 3(11), Laws of Fla. STORAGE NAME: h1591.LAV PAGE: 4
DATE: 1/31/2022
IF YES, WHEN? November 5, 2021
WHERE? The Hernando Sun, a weekly news paper of general circulation, published in
Hernando County, Florida.
B. REFERENDUM(S) REQUIRED? Yes [] No [X]
IF YES, WHEN?
C. LOCAL BILL CERTIFICATION FILED? Yes [X] No []
D. ECONOMIC IMPACT STATEMENT FILED? Yes [X] No []
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
None.
B. RULE-MAKING AUTHORITY:
This bill neither requires no provides authority for administrative agency rulemaking.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES