125.012 Project facilities; general powers and
duties. ---Any county and the board of county commissioners
thereof shall have the power, in addition to the powers otherwise conferred:
(1) To construct, acquire, establish, improve, extend, enlarge,
reconstruct, equip, maintain, repair, and operate any project as defined in s.
125.011, either within or without the territorial boundaries of the
county.
(2) Subject to the jurisdiction of the United States and the
State of Florida and the general laws of Florida relating to dredging and
filling, to construct, establish, and improve harbors in the county and all
navigable and nonnavigable waters connected therewith; to regulate and control
all such waters; to construct and maintain such canals, slips, turning basins,
and channels and upon such terms and conditions as may be required by the
United States; and to enact, adopt, and establish by resolution rules and
regulations for the complete exercise of jurisdiction and control over all
such waters.
(3) To acquire by grant, purchase, gift, devise, condemnation, or
exchange, or in any other manner, property, real or personal, or any estate or
interest therein, upon such terms and conditions as such county shall by
resolution fix and determine.
(4) To construct, maintain, and operate elevated toll roads and
the approaches thereto, along, over, and across any public street or streets
of any city, town, or municipality located within its boundaries.
(5) To appoint shipping masters for ports or harbors under its
control, to determine their qualifications, and to adopt rules and regulations
prescribing their duties.
(6) To license stevedores as independent contractors for hire to
handle stevedoring at and in the harbors and airports in the county, to fix
the terms and conditions of such licenses, and to determine the fees to be
charged for same. Any and all such licenses of all persons, firms, groups, or
corporations so licensed shall continue at the pleasure of the
county.
(7) To enter into joint arrangements with steamship lines,
railroads, airlines, or other transportation lines, or any common carrier, if
the county deems 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
its duties and the exercise of its powers.
(9) To fix, regulate, and collect rates and charges for the
services and facilities furnished by any project under its control; to
establish, limit, and control the use of any project as may be deemed
necessary to ensure the proper operation of the project; to impose sanctions
to promote and enforce compliances; to prescribe rules and regulations and
impose penalties and sanctions to ensure the proper performance of the duties
of any stevedore or of any shipping master and the enforcement of any rule or
regulation which the county may adopt in the regulation of the ports, harbors,
wharves, docks, airports, and other projects under its control.
(10) To fix the rates of wharfage, dockage, warehousing, storage,
and port and terminal charges for the use of the port and harbor facilities
located within or without the county and owned or operated by the county; and
to fix and determine the rates, tolls, and other charges for the use of harbor
and airport improvements and harbor and airport facilities located within or
without the county insofar as it may do so under the State Constitution and
the Constitution and laws of the United States.
(11) To regulate the operation, docking, storing, and conduct of
all watercraft of any kind plying or using the waterways within the county and
of all aircraft of any kind operating over and within the county or utilizing
any other area, field, location, or place within the county for air navigation
purposes or for the repair, storage, or handling of aircraft within the
county.
(12) To receive and accept, from any federal 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 either 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 United States Government
as a condition precedent to the establishment within the county of a free
port, foreign trade zone, or area for the reception from foreign countries of
articles of commerce; to expedite and encourage foreign commerce and the
handling, processing, and delivery thereof into foreign commerce free from the
payment of custom duties and 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 the county of one or
more bonded warehouses.
(14) To enter into any contract with the government of the United
States or any agency thereof which may be necessary in order to procure
assistance, appropriations, and aid for the deepening, widening, and extending
of channels and turning basins, the building and construction of public mass
transit facilities, airport and airport facilities, slips, wharves,
breakwaters, jetties, bulkheads, and any and all other harbor and air
navigation improvements and facilities.
(15) To employ consulting engineers, superintendents, managers,
and such other engineering, construction, and accounting experts, attorneys,
employees, and agents as may be necessary in its judgment, and to fix their
compensation; and to pay to the clerk of the circuit court of any county such
compensation as the board of county commissioners may determine, but not to
exceed $2,500 per annum, to be paid exclusively from the revenues arising from
the operation of any project owned and operated under authority of ss.
125.011-125.019 for his or her extraordinary services rendered to such board
in the performance of its duties and the exercise of its powers. Such
compensation shall be in addition to any and all other compensation provided
by law for the clerk of the circuit court.
(16) To make or cause to be made such surveys, investigations,
studies, borings, maps, plans, drawings, and estimates of cost and revenues as
it may deem necessary and to prepare and adopt a comprehensive plan or plans
for the location, construction, improvement, and development of any
project.
(17) To grant exclusive or nonexclusive franchises to persons,
firms, or corporations for the operating of restaurants, cafeterias, bars,
taxicabs, vending machines, and other concessions of a nonaeronautical nature
in, on, and in connection with any project owned and operated by the county.
However, no exclusive franchise shall be so granted unless the board of county
commissioners of such county shall award such franchise following receipt of
sealed competitive bids in the manner prescribed by law, or cause to be
published in a newspaper of general circulation in the county notice of the
fact that it intends to grant such exclusive franchise and will at a time
certain to be fixed in such notice, not less than 30 days after the
publication of the notice, enter into negotiations with any interested parties
as to the terms, conditions, and provisions of any such exclusive franchise.
Such negotiations with any interested parties as to the terms, conditions, and
provisions of any such exclusive franchise are to continue for a period of not
less than 10 days before such exclusive franchise is granted.
(18) To adopt and promulgate suitable rules, regulations, and
directions for the operation and conduct of any project owned or operated by
the county and for the use of any such project and any facility connected
therewith by others.
(19) To enter into contracts with utility companies or others for
the supplying by such utility companies or others of water, electricity, or
telephone service to or in connection with any project.
(20) To approve or disapprove the location, establishment,
construction, and operation of privately owned airports within the county. No
state airport license or state approval of an airport site shall be effective
in the county without the approval of the county on the application
therefor.
(21) To pledge by resolution or contract the revenues arising
from the operation of any project or projects owned and operated by the county
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 county under the provisions of ss. 125.011-125.019. In any
such case, the board of county commissioners may adopt separate budgets for
the operation of such project or projects and it shall not be necessary to
include such revenues and the expenditure thereof in the general county budget
except by reference and for accounting purposes only. 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 contracts of the county in connection with such project or
projects, and for the payment of principal 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 board may determine, unless such surplus has been
pledged for the payment of principal and interest on bonds, as authorized in
s. 125.013, in which event any such surplus shall be applied in accordance
with the resolution pledging the same.
(22) To construct, own, maintain, and operate trade marts and
exposition halls, and buildings for the display, exhibition, and sale of
goods, wares, and merchandise, which are hereby defined to be projects within
the meaning of s. 125.011; to rent space in, around, or connected with such
trade marts to others and to collect rents, fees, and charges therefor; to
sublet the whole or any part thereof to others and to enter into contracts
with others for the operation thereof on such terms and conditions as the
board of county commissioners shall by resolution determine to be for the best
interest of the county; to rent, let, and lease to others ground space on, in,
or connected with any project owned and operated by the county for the
construction, maintenance, and operation thereon of any such trade mart,
exposition hall, or building; to use the proceeds arising from the operation
or rental of any such trade mart or exposition hall or building or from the
rental of ground space therefor to pay the expense of operation, upkeep, and
maintenance thereof, for advertising and publicity thereof, and for such other
purposes as the board of county commissioners determines to be for the best
interest of the county.
(23) To borrow money and to issue notes for any purpose or
purposes for which bonds may be issued under the provisions of s. 125.013 and
to refund the same; to issue notes in anticipation of the receipt of the
proceeds of the sale of any such bonds; to secure an advance of credit for any
such purpose or purposes under a credit agreement or other agreement with any
bank or trust company or any person, firm, or corporation within or without
the state; and to secure any such borrowing, notes, or agreement by a pledge
of all or any part of the available income or revenues to be received by the
county under the provisions of ss. 125.011-125.019 or by an agreement to
exercise any of the powers conferred by ss. 125.011-125.019.
(24) To enter into contracts with tenants or other users of the
project or providers of service in, on, or in connection with any project,
which contracts may include agreements to design or construct any project or
improvement, extension, or enlargement thereof, on such terms and conditions
as the county shall by resolution determine. Such contracts may provide for
the hiring of professional services, including the hiring of architects and
engineers, and the award of construction contracts by such tenants, users, or
providers of service and, in such cases, shall provide for their reimbursement
upon audit for their reasonable and necessary expenses incurred on behalf of
the project. Such reimbursement may, at the option of the county, be provided
from the proceeds or issuance of revenue bonds, bond anticipation notes, or
loans, or by any other method authorized by law, including the allowance of
advance rental credits.
(25) To publicize, advertise, and promote the activities and
projects herein authorized; to make known the advantages, facilities,
resources, products, attractions, and attributes of the activities and
projects authorized; to create a favorable climate of opinion concerning the
activities and projects authorized; to cooperate with other agencies, public
and private, in accomplishing these purposes; and in furtherance thereof, to
authorize expenditures for the purposes here enumerated, including meals,
hospitality, and entertainment of persons in the interest of promoting and
engendering good will towards the activities and projects
authorized.
(26) To own, maintain, operate, and control export trading
companies, foreign sales corporations, and consulting services corporations as
provided by the laws of the United States or this state; to enter into
management contracts with such corporations or companies established for the
purpose of providing or operating such facilities; to own, maintain, operate,
and control cargo clearance centers and customs clearance facilities, and to
enter into management contracts with corporations established for the purpose
of providing or operating such facilities; to maintain the confidentiality of
trade information and data pursuant to the patent or copyright laws of the
United States, pursuant to the patent or copyright laws of foreign nations to
the extent that same are enforced by the courts of the United States, and
pursuant to the trade secrets doctrine; and to authorize airport and port
employees to serve as officers and directors of export trading companies,
foreign sales corporations, customs and cargo clearance corporations, and
consulting services corporations for the sale of services to others. Counties
are hereby authorized to expend any unobligated and available surplus funds
from the activities authorized in this subsection for the construction of
capital facilities.
(27) To do all other acts and things necessary or proper in the
exercise of the powers herein granted.
History: s. 2, ch. 71-249; s. 2, ch. 79-291; s. 6, ch. 82-104; s. 2, ch. 87-144;
s. 23, ch. 91-45; s. 814, ch. 95-147.