HB 1169 2023
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to Hamilton County; creating the 2
Hamilton County Development Authority; providing 3
definitions; providing for appointment and terms of 4
the members of the board of the authority; providing 5
powers; providing for annual budget and annual 6
financial reporting; limiting authority to incur debt; 7
providing purpose and construction; providing for 8
severability; providing an effective date. 9
10
Be It Enacted by the Legislature of the State of Florida: 11
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Section 1. Creation of district; purpose. —For the purpose 13
of facilitating the planning and implementation of economic 14
development of Hamilton County, the Hamilton County Development 15
Authority is created as a n independent special district under 16
chapter 189, Florida Statutes, a body corporate and politic and 17
which shall be deemed to be a public corporation. The boundaries 18
of the authority shall be coextensive with the boundaries of 19
Hamilton County. 20
Section 2. Definitions.—When used in this act the 21
following words and terms, unless a different meaning appears 22
clearly from the context, shall have the following meanings: 23
(1) "Authority" shall mean the Hamilton County Development 24
Authority created by this act. 25
HB 1169 2023
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(2) "Project" shall mean and include the acquisition of 26
lands, properties and improvements for development, expansion 27
and promotion of industry, commerce, agriculture, natural 28
resources and vocational training, and the construction of 29
buildings and plants for the purpose of selling, leasing or 30
renting such structures to private persons, firms or 31
corporations. 32
(3) "Cost of project" shall embrace the cost of 33
construction, the cost of all lands, properties, easements, 34
rights and franchises acquired, the c ost of machinery and 35
equipment, financing charges, interest prior to and during 36
construction, cost of engineering, architectural and legal 37
expense, and plans and specifications and other expenses 38
necessary or incident to determining the feasibility or 39
practicability of the project, administrative expenses, and such 40
other expenses as may be necessary or incident to the financing 41
herein authorized for the construction of any project and 42
placing the same in operation. 43
Section 3. Board of Supervisors. — 44
(1) The board of the authority shall consist of seven 45
supervisors appointed to staggered terms. The supervisors for 46
seats 1, 2, 3, 4, and 5 shall be appointed by the Governor, each 47
from the corresponding numbered county commissioner districts of 48
the county as they are presently or hereafter constituted. The 49
supervisors for seats 6 and 7 shall be appointed by the Hamilton 50
HB 1169 2023
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
County Board of County Commissioners from the county at large. 51
(2) The appointments to seats 1, 3, 5, and 7 shall be for 52
initial terms of four years, and the appointments to seats 2, 4, 53
and 6 shall be for initial terms of two years, with all 54
subsequent appointments for all seats for terms of four years. 55
Each member of the board of the authority shall be a qualified 56
elector of Hamilton County . 57
(3) The board of supervisors shall elect from its 58
membership at its organizational meeting, and annually 59
thereafter, a chair, and a vice chair who shall act as secretary 60
for the board. 61
(4) Any five (5) supervisors shall constitute a quorum for 62
the transaction of the ordinary business of the authority. 63
However, any action with respect to any project of the authority 64
must be approved by a simple majority of votes. No business 65
shall be transacted except at regularly called meetings and duly 66
recorded in the minutes thereof. 67
(5) Supervisors shall serve without compensation but shall 68
be reimbursed for travel expenses incurred in the performance of 69
their duties as members of the authority as provided by chapter 70
112, Florida Statutes. 71
Section 4. General powers and duties.—The Authority shall 72
have the following powers and duties: 73
(1) To sue and be sued in the name of the authority; to 74
adopt a seal and authorize the use of a facsimile thereof; and 75
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to acquire, by purchase, gift, or otherwise, and to dispose of, 76
real and personal property or any interest in such property. 77
(2) If the authority seeks to construct any project, or 78
use any project already constructed, on lands the title to which 79
shall then be in the county of Hamilton or any one of its 80
incorporated cities, the governing authorities of such county 81
and cities are authorized to convey title to such lands, 82
including any improvements thereon, to the authority. 83
(3) To select and appoint agents and employees, including 84
engineers, architects, bu ilders, and attorneys, and to fix their 85
compensation. 86
(4) To make contracts and to execute all instruments 87
necessary or convenient to the exercise of its powers, including 88
contracts for construction, lease, rental and sale of projects 89
or contracts with respect to the use of projects constructed or 90
acquired by the authority. 91
(5) To construct, erect, acquire, own, repair, remodel, 92
maintain, extend, improve, equip, operate and manage projects, 93
self-liquidating or otherwise, located on property owned or 94
leased by the authority, and to pay the cost of any such project 95
from the proceeds or revenue -anticipation certificates of the 96
authority or from any grant from the state, the county of 97
Hamilton, or any of the incorporated municipalities in the 98
county, or from any contribution or loan by individuals, 99
partnerships, limited liability corporations, or corporations 100
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for profit or not-for-profit, all of which the authority is 101
hereby authorized to receive and accept and use. 102
(6) To borrow money for any of its corpor ate purposes and 103
to execute notes, mortgages, deeds to secure debt, trust deeds, 104
and such other instruments as may be necessary or convenient to 105
evidence and secure such borrowing. 106
(7) To exercise any power granted by the laws of Florida 107
to public or private corporations, performing similar functions, 108
which is not in conflict with the constitution and laws of 109
Florida. 110
(8) To issue revenue -anticipation certificates for the 111
purpose of paying all or any part of the cost of any project of 112
the authority. Such revenue-anticipation certificates shall be 113
issued and validated under and in accordance with the applicable 114
provisions of the laws of Florida. 115
(9) The authority shall provide financial reports in such 116
form and such manner as required by chapters 189 an d 218, 117
Florida Statutes. 118
(10) The board of supervisors for the authority shall 119
adopt an annual budget as required by chapter 189, Florida 120
Statutes. 121
Section 5. The authority shall not in any manner create a 122
debt as against the state, the county, or an y of the 123
incorporated municipalities in Hamilton County. 124
Section 6. This act shall be liberally construed to effect 125
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the purposes thereof. 126
Section 7. If any section, subsection, sentence, clause, 127
or provision of this act is held invalid, the remaind er of this 128
act shall not be affected by such finding of invalidity. 129
Section 8. This act may be amended only by special act of 130
the Legislature. 131
Section 9. This act shall take effect June 1, 2023. 132