§ 3. Powers  

Latest version.
  • The authority shall have the below specified powers (in addition to other powers otherwise conferred by law) and shall also have all powers that relate to maritime issues vested in the former Jacksonville Port Authority:

    (1) To adopt, use, and alter at will a corporate seal; to sue and be sued, implead and be impleaded, complain, and defend in all courts; to exercise the power of eminent domain to acquire property for any authorized purposes, including the taking of such property ancillary to said power in the manner from time to time provided by the laws of the State of Florida; to accept grants, gifts, and donations; and to enter into contracts, leases, or other transactions with any legal entity, person, federal agency, the state, any agency of the state, the County of Duval, the City of Jacksonville, or with any other public body of the state.

    (2) To adopt rules and regulations with reference to all projects and matters under the control of the authority. All rules and regulations promulgated and all impositions and exactions made by the authority hereof shall be just and reasonable and consistent with public interest and their application shall be subject to review by certiorari in any court of proper and competent jurisdiction. All rules and regulations shall be a matter of public record (except as otherwise provided by applicable law) and copies thereof shall be dispensed at cost to all applicants therefor.

    (3) To construct, acquire, establish, improve, extend, enlarge, reconstruct, re-equip, maintain, repair, and operate any project as herein defined.

    (4) Subject to the jurisdiction of the United States and the State of Florida, to construct, establish, and improve harbors within the county, to improve navigable waters within the county, and to construct and maintain canals, slips, turning basins, and channels, all upon such terms and conditions as may be required by the United States and the State of Florida.

    (5) To acquire for any project authorized by this act by grant, purchase, gift, devise, condemnation by eminent domain proceedings, exchange, or in any other manner, all property, real or personal, or any estate or interest therein, upon such terms and conditions as the authority shall by resolution fix and determine. The right of eminent domain herein conferred shall be exercised by the authority in the manner provided by law.

    (6) To issue revenue bonds, payable solely from revenues, to pay all or a part of the cost of acquisition, construction, extension, enlargement, improvement, or modernization of any project and to pledge the revenues to secure the payment of bonds.

    (7) To enter into arrangements with steamship lines, railroads, any intermodal or common carrier, or any other commercial enterprise, related to the authority's basic mission, if the authority shall deem it advantageous so to do.

    (8) To make and enter into all contracts and agreements and to do and perform all acts and deeds necessary and incidental to the performance of the duties of the authority and the exercise of its powers; to make and execute leases or agreements for the use and occupation of the property and/or projects under the control of the authority on such terms, conditions, and period of time as it may determine; and to sell and dispose of such property and/or projects as shall no longer be needed for the uses and purposes of the authority on such terms and conditions as shall be prescribed by resolution of the authority; however, before disposing of any real property which was acquired from either the city or county, other than by purchase or by swap, the authority shall give written notice to the governmental unit from which such real property was acquired. If said governmental unit desires to accept a reconveyance of said real property, it shall give the authority written notice of such intention within 30 days from the date of mailing of the authority's notice regarding the disposal of such property, and the authority shall make the reconveyance of such property to said governmental unit forthwith. If within such 30 days, said governmental unit does not notify the authority in writing of a desire to accept a reconveyance of said property or refuses to accept a reconveyance of same the authority may sell and dispose of same on such terms and conditions as shall be prescribed by resolution of the authority. The authority shall not sell real property for less than the appraised value.

    (9) To the extent permitted by law to fix, regulate, and collect rates and charges for the services and facilities furnished by any project under the control of the authority, and to establish, limit, and control the use of any project as may be deemed necessary to ensure the proper operation of the project; and to impose sanctions to promote and enforce compliance with any rule or regulation which the authority may adopt in the regulation of the ports, harbors, wharves, docks, and other projects under its control.

    (10) To fix the rates for wharfage, dockage, warehousing, storage, and port and terminal charges for the use of the facilities owned or operated by the authority.

    (11) To solicit shipping lines, intermodal or common carriers, and other businesses and to do all things necessary or advisable to promote commerce and increase passenger traffic and freight tonnage through the seaport operated by the authority; to publicize, advertise, and promote the activities and projects authorized by this act and to promote the objects of the authority in the manner set forth by resolution of the authority; to make known to the users, potential users, and public in general the advantages, facilities, resources, products, attractions, and attributes of the activities and projects authorized by this act; to further create a favorable climate of opinion concerning the activities and projects authorized and indicated by this act; to cooperate, including expenditure of funds, to and with other agencies, both public and private, in accomplishing the purposes enumerated and indicated by this act; and in furtherance thereof, to authorize expenditures for any and all of the purposes herein enumerated, including, but not limited to, meals, hospitality, and entertainment of persons in the interest of promoting and engendering good will toward the activities and projects herein authorized, provided, however, that funds obtained under chapters 159 and 315, Florida Statutes, may not be used for such purposes. Whenever an expenditure of funds for any of the foregoing purposes is made by a member or employee of the authority, the authority may reimburse such member or employee therefor, but only in the manner duly authorized by the authority.

    (12) To receive and accept from any federal or state agency grants for or in aid of the construction, improvement, or operation of any project and to receive and accept contributions from any source of money, property, labor, or other things of value.

    (13) To make any and all applications required by the Treasury Department and other departments or agencies of the federal government as a condition precedent to the establishment within or without the county of a free port, foreign trade zone, or area for the reception from foreign countries of articles or commerce and to expedite and encourage foreign commerce, and the handling, processing, and delivery thereof into foreign commerce free from the payment of custom duties and, provided there is an economic benefit to the authority and/or Duval County, to enter into any agreements required by such departments or agencies in connection therewith and to make like applications and agreements with respect to the establishment within and without said county of one or more bonded warehouses.

    (14) To enter into any contract with a legal entity, person, the State of Florida, the federal government, or any agency of said governments, which may be necessary for development of any project related to the authority's basic mission.

    (15) To make or cause to be made such surveys, investigations, studies, borings, maps, plans, drawings, and estimates of cost and revenues as the authority may deem necessary and may prepare and adopt a comprehensive plan or plans, for the location, construction, improvement, and development of any project.

    (16) To grant exclusive or non-exclusive franchises to persons, firms, or corporations for the operation of restaurants, cafeterias, bars, cigar and cigarette stands, newsstands, buses, taxicabs, vending machines, hotels, motels, service stations, real estate developments, and other concessions in, on, and in connection with any property and/or project owned and operated by the authority. In granting such franchises it shall be the duty of the authority to investigate and consider the qualifications and ability of the lessee or concessionaires to provide or perform the contemplated services and the revenues which will be derived therefrom by the authority and to exercise sound prudent business judgment on behalf of the authority with respect thereto, calling for bids when practicable and when the interests of the public will best be served by such action.

    (17) To enter into contracts with utility companies or others for the supplying by said utility companies or others of water, electricity, or telephone service to or in connection with any project.

    (18) To pledge by resolution or contract the revenues arising from the operation of any project or projects owned and operated by the authority, or under its control, to the payment of the cost of operation, maintenance, repair, improvement, extension, or enlargement of the project or projects from the operation of which such revenues are received and for the payment of principal and interest on bonds issued in connection with any such project or projects and to combine for financing purposes any two or more projects constructed or acquired by the authority under the provisions of this act. In any such case the authority may adopt separate budgets for the operation of such project or projects. In every such case such revenues shall be expended exclusively for the payment of the costs of operation, maintenance, repair, improvement, extension, and enlargement of the project or projects from the operation of which such revenues arise, for the performance of the authority's contracts in connection with such project or projects, and for the payment of principal of premium, if any, and interest requirements of any bonds issued in connection with the project or projects. Any surplus of such funds remaining on hand at the end of any year shall be carried forward and may be expended in the succeeding year for the payment of the costs of operation of such project or projects or for the repair, improvement, or extension thereof as the authority may determine, unless such surplus has been pledged for the payment of principal of premium, if any, and interest on bonds, as authorized in subsections (1)—(6) of section 4, in which event any such surplus shall be applied in accordance with the resolution pledging the same.

    (19) To do all other acts and things necessary or proper in the exercise of the powers herein granted.

    (20) To do all acts or things necessary or proper to be and serve as a local governmental body within the meaning of section 10(c)(2), Article VII of the State Constitution, with respect to any project as defined therein.

    (21) To appoint officers for the administration of criminal justice as set forth by general law.

(Laws of Fla., Ch. 2004-465, § 1)