(1) “County” means any county operating under a home rule charter adopted pursuant to ss. 10, 11, and 24, Art. VIII of the State Constitution of 1885, as preserved by Art. VIII, s. 6(e) of the State Constitution, which county, by resolution of its board of county commissioners, elects to exercise the powers herein conferred. Use of the word “county” within the above provisions shall include “board of county commissioners” of such county.
(2) “Project” includes any one or any combination of two or more of the following:
(a) Public mass transportation, harbor, port, shipping, and airport facilities of all kinds and includes, but is not limited to, harbors, channels, turning basins, anchorage areas, jetties, breakwaters, waterways, canals, locks, tidal basins, wharves, docks, piers, slips, bulkheads, public landings, warehouses, terminals, refrigerating and cold storage plants, railroads and motor terminals for passengers and freight, rolling stock, car ferries, boats, conveyors and appliances of all kinds for the handling, storage, inspection and transportation of freight and the handling of passenger traffic, airport facilities of all kinds for land and sea planes, including, but not limited to, landing fields, water areas for the landing and taking off of aircraft, hangars, shops, buses, trucks, and all other facilities for the landing, taking off, operating, servicing, repairing, and parking of aircraft, and the loading and unloading and handling of passengers, mail, express and freight;
(b) Administration buildings, toll highways, tunnels, causeways and bridges connected therewith or incident or auxiliary thereto, and may include all property, rights, easements, and franchises relating to any such project and deemed necessary or convenient for the acquisition, construction, purchase, or operation thereof; and
(c) Export trading companies, foreign sales corporations, consulting services corporations, cargo clearance centers, and customs clearance facilities as provided in s. 125.012(26).
(3) “Cost,” as applied to improvements, means the cost of constructing or acquiring improvements, as defined in subsection (2), and shall embrace the cost of all labor and materials, machinery and equipment, financing charges, engineering and legal expenses, plans, specifications, and such other expenses as may be necessary or incident to such construction or acquisition.
(4) “Cost,” as applied to a project acquired, constructed, extended, or enlarged, includes the purchase price of any project acquired; the cost of improvements; the cost of construction, extension or enlargement; the cost of all lands, properties, rights, easements and franchises acquired; the cost of all machinery and equipment, financing charges, interest during construction; and, if deemed advisable, for 1 year after completion of construction, cost of investigations, audits, and engineering and legal services; and all other expenses necessary or incident to determining the feasibility or practicability of such acquisition or construction, administrative expense and such other expenses as may be necessary or incident to the financing herein authorized and to the acquisition or construction of a project and the placing of the same in operation. Any obligation or expense incurred by the county prior to the issuance of revenue bonds under the provisions of s. 125.013 for engineering studies and for estimates of cost and of revenues, and for other technical, financial, or legal services in connection with the acquisition or construction of any project, may be regarded as a part of the cost of such project.
(5) “Board of county commissioners” includes all members of the board of county commissioners in a county whether their offices are created by the Constitution, the Legislature, or by any home rule charter.
Cited 4 times | Published | Supreme Court of Florida | 10 Fla. L. Weekly 113, 1985 Fla. LEXIS 2932
...We have jurisdiction, article V, section 3(b)(3), Florida Constitution, and we approve the decision of the district court. The legislature, by chapter 83-354, Laws of Florida, enacted section 212.057, [*] which *536 empowers "[e]ach county, as defined in s. 125.011(1)" to levy a three percent convention development tax on payments made to rent, lease or use any living quarters or accommodations....
...ity. Counties authorized to levy the tax are those counties which operate "under a home rule charter adopted pursuant to ss. 10, 11 and 24 of Art. VIII of the Constitution of 1885, as preserved by Art. VIII, s. 6(e) of the Constitution of 1968." See § 125.011(1), Fla....
...BOYD, C.J., and ADKINS, ALDERMAN, McDONALD, EHRLICH and SHAW, JJ., concur. NOTES [*] Section 212.057, as created by chapter 83-354, provides: 212.057 Convention development tax; adoption; application of revenues; administration and collection. (1) Each county, as defined in s. 125.011(1), may levy, pursuant to an ordinance enacted by the governing body of the county, a 3 percent convention development tax on the amount of any payment made by any person to rent, lease, or use for a period of 30 days or less any living qu...
...established pursuant to Chapter 71-249, Law of Florida.... (Section 2-278, Code or Metropolitan Dade County) 13. Florida Statute 125.012 gives Dade County's Board of County Commissioners various powers in relation to a "project", which is defined in Section 125.011(2) to include an "airport", and specifically states that such board shall have the power: (9) To fix, regulate, and collect rates and charges for the services and facilities furnished by any project under its control; to establish, li...
...e body (here the City Council). Rinker Materials Corp. v. City of N. Miami, 286 So.2d 552, 553-54 (Fla.1973) (citation omitted). Noncharter counties, like charter counties, are endowed with broad home rule powers. See art. VIII, § 1(f), Fla. Const; § 125.011(1), Fla....
...of Miami-Dade County, Florida [County Commission]. We affirm. In 1991, the Florida Legislature enacted section 212.055(3), Florida Statutes, The Indigent Care Surtax [1991 Surtax Statute]. Section 212.055(3)(g) allowed “[a]ny county as defined in s. 125.011(1)” to levy a 0.5% surcharge to benefit public general *261 hospitals....
...Richardson, 766 So.2d at 1041 (Fla.2000)(refusing to sever unconstitutional provision from statute where “Legislature’s clear purpose in enacting the statute” would not be preserved). Because the issues discussed above are dispositive, we do not need to address the remaining arguments raised by the parties. Affirmed. . Section 125.011(1), Florida Statutes (1991), provides: "County” means any county operating under a home rule charter adopted pursuant to ss....
...X of the State Constitution that has conducted live racing or games during calendar years 2002 and 2003 and has been approved by a majority of voters in a countywide referendum to have slot machines at such facility in the respective county; [2] any licensed pari-mutuel facility located within a county as defined in s. 125.011, provided such facility has conducted live racing for 2 consecutive calendar years immediately preceding its application for a slot machine license, pays the required license fee, and meets the other requirements of this chapter; or [3] an...
...The first clause implements article X, section 23. It was adopted in 2005. See ch. 2005-362, § 1, Laws of Fla. The second and third clauses were both adopted in 2009. See ch. 2009-170, § 19, Laws of Fla. 1 *762 The second clause pertains' to facilities in counties “defined in s. 125.011”—that is, “any county operating under a home rule charter adopted pursuant to ss. 10,11, and 24, Art. VIII of the Constitution of 1885, as preserved by Art. VIII, s. 6(e) of the Constitution of 1968, which county, by resolution of its board of county commissioners, elects to exercise the powers” conferred on such counties. § 125.011(1), Fla....
...provides: 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 § 125.011, either within or without the territorial boundaries of the county. [Emphasis supplied.] “Project” is defined by § 125.011(2) to include: [A]irport facilities of all kinds ....
...project owned and operated by such county and lying within the boundaries of a municipality shall be under the exclusive jurisdiction of such county and shall be without the jurisdiction of said municipality.’ The word ‘project’ is defined in Section 125.011(2), Florida Statutes, 1977, thus: ‘ “Project” includes any one or any combination of two or more of the following: harbor, port, shipping, and airport facilities of all kinds and includes, but is not limited to, harbors, channel...
...and any credit given form municipal license taxes, shall be apportioned between the unincorporated areas of the county. The imposition of an additional license tax is authorized by s. 205.033 (6)(a), F.S., which provides: Each county, as defined in s. 125.011 (1), 1 or any county adjacent thereto may levy and collect, pursuant to an ordinance enacted by the governing body of the county, an additional occupational license tax up to 50 percent of the appropriate license tax imposed pursuant to subsection (1)....
...section, the county would be prohibited from entering into a contract to provide for the reimbursement of such funds. AS TO QUESTION 3: In light of this offices response to Question Two, it is unnecessary to respond to your third inquiry. RAB/tjw 1 Section 125.011 (1), F.S., defines "County" to mean "any county operating under a home rule charter adopted pursuant to ss....
...f any municipality within such county. Any project owned or operated by such county and lying within the boundaries of a municipality shall be under the exclusive jurisdiction of the county and shall be without the jurisdiction of said municipality. Section 125.011(2) defines a “project” as: [A]ny one or any combination of two or more of the following: Public mass transportation, harbor, port, shipping, and airport facilities of all kinds ......
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