315.02 Definitions.—As used in this law, the following words and terms shall have the following meanings:
(1) The term “port district” or the word “district” shall mean any district created by or pursuant to the provisions of any general or special law and authorized to own or operate any port facilities.
(2) The term “port authority” or the word “authority” shall mean any port authority in Florida created by or pursuant to the provisions of any general or special law or any district or board of county commissioners acting as a port authority under or pursuant to the provisions of any general or special law.
(3) The word “county” shall mean any county and the word “municipality” shall mean any municipality in Florida.
(4) The word “unit” shall mean any county, port district, port authority, or municipality or any governmental unit created pursuant to s. 163.01(7)(d) that includes at least one deepwater port as listed in s. 403.021(9)(b).
(5) The term “governing body” shall mean the board or body in which the general legislative powers of a unit shall be vested.
(6) The term “port facilities” shall mean and shall include harbor, shipping, and port facilities, and improvements of every kind, nature, and description, including, but without limitation, channels, turning basins, jetties, breakwaters, public landings, wharves, docks, markets, parks, recreational facilities, structures, buildings, piers, storage facilities, including facilities that may be used for warehouse, storage, and distribution of cargo transported or to be transported through an airport or port facility, security measures identified pursuant to s. 311.12, public buildings and plazas, anchorages, utilities, bridges, tunnels, roads, causeways, and any and all property and facilities necessary or useful in connection with the foregoing, and any one or more or any combination thereof and any extension, addition, betterment, or improvement of any thereof.
(7) The word “cost” as applied to any port facilities shall mean and shall include the cost of acquisition or construction, the cost of all labor, materials, machinery and equipment, the cost of all lands, property, rights, easements and franchises acquired, financing charges, interest prior to and during construction and for 1 year after completion of construction, cost of plans and specifications, surveys and estimates of cost and of revenues, cost of engineering and legal services, all other expenses necessary or incident to determining the feasibility or practicability of such construction, the cost of acquiring or improving, enlarging and extending existing port facilities and preparing the same for sale or lease to provide funds for financing port facilities under the provisions of this law if, in the determination of the governing body, such acquisition, such improvement, enlargement and extension or such preparation for sale or lease are necessary to such financing, administrative expenses and such other expenses as may be necessary or incident to any financing herein authorized. Any obligation or expense heretofore or hereafter incurred by a unit in connection with any of the foregoing items of cost may be regarded as a part of such cost and reimbursed to the unit out of the proceeds of port facilities bonds issued under the provisions of this law.
Cited 59 times | Published | Supreme Court of Florida
...organic authority to make the lease. The trial court found that the Port District had the authority by statute to lease the land in question to the tenant, that the land involved as the subject matter of the lease was a "port facility" as defined in § 315.02(6), Florida Statutes, F.S.A., that the Port District by entering the lease did not appropriate money for or lend its credit to or become a joint owner with or levy taxes for the benefit of the lessee, and that the lease is valid and binding between the parties....
...r in which they are presented. Appellants contend that although the Port District has owned a portion of the island for a long time, the property has never been utilized for any port purposes and cannot qualify as a "port facility." We do not agree. Section 315.02(6), Florida Statutes, F.S.A....
Cited 9 times | Published | Supreme Court of Florida
...It authorizes the construction *171 of "Port Facilities" in the Piney Point area. It provides for land acquisition and the construction of port improvements. It is clear that it is contemplated that the port facilities to be constructed are those specifically defined by Section 315.02(6), Florida Statutes, F.S.A....
...Nowhere does it appear that there is any purpose to pledge the public credit for private functions in violation of Article IX, Section 10, Florida Constitution, F.S.A. The project to be constructed under the resolution is inseparably tied to the definition of "Port Facilities" defined by Section 315.02(6), supra....
...h sufficient specificity to identify the project. Similarly, it precludes any inference of an intention to devote the bond proceeds to a purely private enterprise. The project described in the resolution is clearly that defined as port facilities in Section 315.02(6), supra....
...ges, tunnels, roads, causeways, and any and all property and *1103 facilities necessary or useful in connection with the foregoing, and any one or more or any combination thereof and any extension, addition, betterment or improvement of any thereof. § 315.02(6), Fla....
...by the Authority's governing board that the proposed transaction with Majestic . . . is `in the best interests' of the Authority," and because the "transaction is not `in the best interests' of the Authority", the Option and the PGL violate Sections 315.02(5), 315.03(9), and 315.03(15), Florida Statutes....
...So.2d at 578. Cf. City of Bartow v. Roden, 286 So.2d 228, 229 (Fla. 2d DCA 1973)(ad valorem tax case; all income derived from leases of adjacent airport property to private nonaeronautical profit-making business used by the airport authority). [40] Section 315.02(5) defines "governing body" as "the board or body in which the general legislative powers of a unit shall be vested." Fla. Stat. § 315.02(5)....
