FL
Florida House Bill H1169

Florida 2023 Regular Session

Florida House Bill H1169 Compare Versions

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1010 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
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12+A bill to be entitled 1
1313 An act relating to Hamilton County; creating the 2
1414 Hamilton County Development Authority; providing 3
1515 definitions; providing for appointment and terms of 4
1616 the members of the board of the authority; providing 5
1717 powers; providing for annual budget and annual 6
1818 financial reporting; limiting authority to incur debt; 7
1919 providing purpose and construction; providing for 8
2020 severability; providing an effective date. 9
2121 10
2222 Be It Enacted by the Legislature of the State of Florida: 11
2323 12
2424 Section 1. Creation of district; purpose. —For the purpose 13
2525 of facilitating the planning and implementation of economic 14
2626 development of Hamilton County, the Hamilton County Development 15
2727 Authority is created as a n independent special district under 16
2828 chapter 189, Florida Statutes, a body corporate and politic and 17
2929 which shall be deemed to be a public corporation. The boundaries 18
3030 of the authority shall be coextensive with the boundaries of 19
3131 Hamilton County. 20
3232 Section 2. Definitions.—When used in this act the 21
3333 following words and terms, unless a different meaning appears 22
3434 clearly from the context, shall have the following meanings: 23
3535 (1) "Authority" shall mean the Hamilton County Development 24
3636 Authority created by this act. 25
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4545 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
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4747 (2) "Project" shall mean and include the acquisition of 26
4848 lands, properties and improvements for development, expansion 27
4949 and promotion of industry, commerce, agriculture, natural 28
5050 resources and vocational training, and the construction of 29
5151 buildings and plants for the purpose of selling, leasing or 30
5252 renting such structures to private persons, firms or 31
5353 corporations. 32
5454 (3) "Cost of project" shall embrace the cost of 33
5555 construction, the cost of all lands, properties, easements, 34
5656 rights and franchises acquired, the c ost of machinery and 35
5757 equipment, financing charges, interest prior to and during 36
5858 construction, cost of engineering, architectural and legal 37
5959 expense, and plans and specifications and other expenses 38
6060 necessary or incident to determining the feasibility or 39
6161 practicability of the project, administrative expenses, and such 40
6262 other expenses as may be necessary or incident to the financing 41
6363 herein authorized for the construction of any project and 42
6464 placing the same in operation. 43
6565 Section 3. Board of Supervisors. — 44
6666 (1) The board of the authority shall consist of seven 45
6767 supervisors appointed to staggered terms. The supervisors for 46
6868 seats 1, 2, 3, 4, and 5 shall be appointed by the Governor, each 47
6969 from the corresponding numbered county commissioner districts of 48
7070 the county as they are presently or hereafter constituted. The 49
7171 supervisors for seats 6 and 7 shall be appointed by the Hamilton 50
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8080 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
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8282 County Board of County Commissioners from the county at large. 51
8383 (2) The appointments to seats 1, 3, 5, and 7 shall be for 52
8484 initial terms of four years, and the appointments to seats 2, 4, 53
8585 and 6 shall be for initial terms of two years, with all 54
8686 subsequent appointments for all seats for terms of four years. 55
8787 Each member of the board of the authority shall be a qualified 56
8888 elector of Hamilton County . 57
8989 (3) The board of supervisors shall elect from its 58
9090 membership at its organizational meeting, and annually 59
9191 thereafter, a chair, and a vice chair who shall act as secretary 60
9292 for the board. 61
9393 (4) Any five (5) supervisors shall constitute a quorum for 62
9494 the transaction of the ordinary business of the authority. 63
9595 However, any action with respect to any project of the authority 64
9696 must be approved by a simple majority of votes. No business 65
9797 shall be transacted except at regularly called meetings and duly 66
9898 recorded in the minutes thereof. 67
9999 (5) Supervisors shall serve without compensation but shall 68
100100 be reimbursed for travel expenses incurred in the performance of 69
101101 their duties as members of the authority as provided by chapter 70
102102 112, Florida Statutes. 71
103103 Section 4. General powers and duties.—The Authority shall 72
104104 have the following powers and duties: 73
105105 (1) To sue and be sued in the name of the authority; to 74
106106 adopt a seal and authorize the use of a facsimile thereof; and 75
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115115 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
116116
117117 to acquire, by purchase, gift, or otherwise, and to dispose of, 76
118118 real and personal property or any interest in such property. 77
119119 (2) If the authority seeks to construct any project, or 78
120120 use any project already constructed, on lands the title to which 79
121121 shall then be in the county of Hamilton or any one of its 80
122122 incorporated cities, the governing authorities of such county 81
123123 and cities are authorized to convey title to such lands, 82
124124 including any improvements thereon, to the authority. 83
125125 (3) To select and appoint agents and employees, including 84
126126 engineers, architects, bu ilders, and attorneys, and to fix their 85
127127 compensation. 86
128128 (4) To make contracts and to execute all instruments 87
129129 necessary or convenient to the exercise of its powers, including 88
130130 contracts for construction, lease, rental and sale of projects 89
131131 or contracts with respect to the use of projects constructed or 90
132132 acquired by the authority. 91
133133 (5) To construct, erect, acquire, own, repair, remodel, 92
134134 maintain, extend, improve, equip, operate and manage projects, 93
135135 self-liquidating or otherwise, located on property owned or 94
136136 leased by the authority, and to pay the cost of any such project 95
137137 from the proceeds or revenue -anticipation certificates of the 96
138138 authority or from any grant from the state, the county of 97
139139 Hamilton, or any of the incorporated municipalities in the 98
140140 county, or from any contribution or loan by individuals, 99
141141 partnerships, limited liability corporations, or corporations 100
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150150 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
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152152 for profit or not-for-profit, all of which the authority is 101
153153 hereby authorized to receive and accept and use. 102
154154 (6) To borrow money for any of its corpor ate purposes and 103
155155 to execute notes, mortgages, deeds to secure debt, trust deeds, 104
156156 and such other instruments as may be necessary or convenient to 105
157157 evidence and secure such borrowing. 106
158158 (7) To exercise any power granted by the laws of Florida 107
159159 to public or private corporations, performing similar functions, 108
160160 which is not in conflict with the constitution and laws of 109
161161 Florida. 110
162162 (8) To issue revenue -anticipation certificates for the 111
163163 purpose of paying all or any part of the cost of any project of 112
164164 the authority. Such revenue-anticipation certificates shall be 113
165165 issued and validated under and in accordance with the applicable 114
166166 provisions of the laws of Florida. 115
167167 (9) The authority shall provide financial reports in such 116
168168 form and such manner as required by chapters 189 an d 218, 117
169169 Florida Statutes. 118
170170 (10) The board of supervisors for the authority shall 119
171171 adopt an annual budget as required by chapter 189, Florida 120
172172 Statutes. 121
173173 Section 5. The authority shall not in any manner create a 122
174174 debt as against the state, the county, or an y of the 123
175175 incorporated municipalities in Hamilton County. 124
176176 Section 6. This act shall be liberally construed to effect 125
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185185 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
186186
187187 the purposes thereof. 126
188188 Section 7. If any section, subsection, sentence, clause, 127
189189 or provision of this act is held invalid, the remaind er of this 128
190190 act shall not be affected by such finding of invalidity. 129
191191 Section 8. This act may be amended only by special act of 130
192192 the Legislature. 131
193193 Section 9. This act shall take effect June 1, 2023. 132