Title: Canal Authority; Navigation Districts; Waterways Development
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Title: Canal Authority; Navigation Districts; Waterways Development
Alternate Title: Fla. Stat. 1981. Chap. 374. Canal Authority; Navigation Districts; Waterways Development.
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Language: English
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Spatial Coverage: North America -- United States of America -- Florida
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General Note: Box 4, Folder 5 ( CROSS FLORIDA BARGE CANAL ), Item 2
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Ff 1981 CANAL AUTHORITY; NAVIGATION DISTS.; WATERWAYS DEV. Ch. 374



CHAPTER 374
CANAL AUTHORITY; NAVIGATION DISTRICTS; WATERWAYS DEVELOPMENT

PART I CANAL AUTHORITY (ss. 374.001-374.181)
PART II NAVIGATION DISTRICTS (ss. 374.3001-374.521)
PART III WATERWAYS DEVELOPMENT (ss. 374.75-374.97)


PART I 373.139, which uses the Legislature finds to be neces-

sary and for a public purpose. Such lands shall be ex-
CANAL AUTHORITY empt from taxation.

(3) This act shall not be construed to abrogate or
374.001 Transfer of canal authority to the Depart- impair any contractual agreement entered into by the
ment of Natural Resources. canal authority or the Board of Commissioners of the
374.002 Management plans for retention or dispo- Cross Florida Canal Navigation District.
sition of certain Cross Florida Barge Ca- *4story.-ss. 1, 5, 11, ch. 79-167.
nal lands and for Rodman Dam and Res- V 'yote.-Effective only upon reauthorization of the Cross Florida Barge Ca-
nal lands and for Rodman Dam and Project by the United States Congress, on the effective date of such deau-
ervoir. thorization by the United States Congress.
374.011 Canal authority, creation; short title.
374.021 Capital. 374.002 Management plans for retention or
374 31 Board of directors. disposition of certain Cross Florida Barge Ca-
374.041 General powers. nal lands and for Rodman Dam and Reservoir.
374.051 Special powers. -The canal authority is authorized to enter into a
371.)61 Obligations of indebtedness, contract with the Department of Natural Resources
374.071 Eminent domain, for the development of the management plans re-
374.081 State lands; right of taking. quired by s. 253.783(2)(a) and (b).
37 -11 County donations of rights-of-way. His ry.-s. 15, ch. 79-167.
374.101 Tolls.
374.111 Revenues, use.. 3'4.011 Canal authority, creation; short ti-
37 12' 2 Pilots. t .-There is hereby created a body corporate, with
374.132 Tax exemption. thkAame The Canal Authority of the State of Flori-
374 141 Reports. da," (herein called the corporation), which shall oper-
374.151 Officers; bonds, per diem, compensation. ate under the supervision of the Department of Nat-
374.161 Contracts. ural Resources. The principal office and necessary
374 171 Transfer to Federal Government. branch offices of the corporation shall be established
374.181 Liberal construction of act. at such places and under such rules and regulations

as the board of directors may prescribe. This act may
'374.001 Transfer of canal authority to the be cited as the "Canal Authority Act."
S rtmet of Natural Resources.- History.-s. 1, ch. 16176, 1933; s. 1, ch. 61-244; ss. 25, 35, ch. 69-106; a. 12, ch.
Der rtment of Natural Resources.-- 79-167.
(1) The Canal Authority of the State of Florida is 'Note.-Repealed by s. 12, ch. 79-167, effective upon the effective date of de-
transferred by a type three transfer, as defined in s. authorization of the Cross Florida Barge Canal Project by the U.S. Congress, ex-
20.0fi,3), to the Department of Natural Resources cept for the possible effect of laws affecting this section prior to that date.
20.06(3), to the Department of Natural Resources
and assigned to the Division of Resource Manage- 1374.021 Capital.-The capital of said corpora-
ment. All funds of the canal authority shall be trans- tion shall consist of the rights, privileges and fran-
ferred to and maintained in a trust fund account des- chises herein and hereby granted to said corporation,
ignited as the Cross Florida Barge Canal Trust Fund which rights, privileges and franchises are hereby de-
administered by the Department of Natural Re- termined to be of the value of $20 million.
SOUrceS. History.-s. 2, ch. 16176, 1933; s 12, ch. 79-167.
(2) Fee title, easements, and other interests in all 'Note.--Repealed by 12, ch. 79-167, effective upon the effective date of de-
landi,, held by the canal authority shall be transferred authorization of the Cross Florida Barge Canal Project by the U.S. Congress, ex-
lan. held by the canal authority Shall be transferrd cept for the possible effect of laws affecting this section prior to that date.
to e Department of Natural Resources and shall
vest in the Board of Trustees of the Internal Im- '374.031 Board of directors.-The manage-
provement Trust Fund. Such title, easements, and meant of the corporation shall be vested in a board of
other interests in land shall be maintained in the directors consisting of the Governor and Cabinet.
board of trustees pending transfer pursuant to s. The Executive Director of the Department of Natu-
25: "S1 or pending legislative direction as to disposi- ral Resources shall serve as the Executive Director to
tion pursuant to s. 253.783(2)(a) and shall not revert. the Governor and Cabinet.
The trustees shall utilize such lands or interests in History.--s. 3, ch. 16176, 1933; s. 4, ch. 78-323; a. 12, ch. 79-167; as. 1, 2, ch.
la, pending said disposition for recreation or water s8-252.
la pending said disposition er Note.--Repealed by s. 12, ch. 79-167, effective upon the effective date of de-
management, or other purposes authorized to be per- authorization of the Cross Florida Barge Canal Project by the U.S. Congress, ex-
formed by water managen-ent districts pursuant to S. cept for the possible effect of laws affecting this section prior to that date.


517









Ch. 374 CANAL AUTHORII NAVIGATION DISTS.; WATERWAYS DEV. F.S. 1981

'374.041 General powers.-The corporation (d) To repair, construct and reconstruct tele-
shall have perpetual existence. It shall have the pow- phone, telegraph and power transmission lines, wa-
er to adopt, alter and use a corporate seal; to make ter, gas and pipelines, highway and railroad bridges
contracts; to lease, buy, acquire, hold and dispose of or tunnels, over, across or under said canal, whenever
real and personal property of every kind and nature; such repair, construction or reconstruction is necessi-
to sue and be sued; to select, employ and dismiss at tated by the construction, maintenance or operation
pleasure such officers, employees, attorneys, consul- of said canal.
tants and agents as shall be necessary or expedient (e) To dredge in or about said canal and water-
for the transaction of the business of the corporation, ways and to deepen and widen any existing water-
to define their authority and duties, and in the dis- ways directly connected with said canal.
creation of the board of directors to require bonds of (f) To contract for, to acquire by lease, purchase
them and to fix the penalties thereof; to fix the com- or otherwise and to operate, repair, and maintain
pensation of all officers, employees, attorneys, con- ships, tugs, lighters, scows, vessels, railroads, dredges,
sultants and agents of the corporation; to prescribe, bridges, engines, rolling stock, electric powerhouses
amend and repeal, by its board of directors, bylaws, and powerlines, stores, warehouses, wharves, piers
rules and regulations governing the manner in which basins, elevators, buildings and machinery, supplies
its business may be conducted and in which the pow- equipment, appliances and services of every kind and
ers granted to it by law may be enjoyed, including the description that may be necessary, useful or conve-
selection of a chairman and provision for such com- nient in the construction or operation of said canal
mittees and the functions thereof as the board of di- (g) To exact and collect tolls and to prescribe
rectors may deem necessary for facilitating the busi- rules for the privilege of passing through or along
ness of the corporation. The board of directors shall said canal or any portion thereof.
determine and prescribe the manner in which the (h) To do any and all things necessary and incur
corporation's obligations shall be incurred and its ex- and pay any and all expenditures necessary, conve-
penses allowed and paid. The corporation, by and nient or proper in the acquisition, construction, oper-
with the consent of any board, commission or depart- action and control of said canal and its related locks
ment of the state, including any field service thereof, improvement and appurtenances.
may avail itself of the use of information, facilities, (2) The corporation is likewise authorized to ac-
officers and employees thereof in carrying out the quire, own, construct, operate and maintain such oth-
provisions of this act. er waterways project or projects within the state as
History.-s. 4, ch. 16176, 1933; s. 12, ch. 79-167. may be necessary or desirable, including, but not lim-
1'Note.-Repealed by s. 12, ch. 79-167, effective upon the effective date of de- ited to, projects for flood control and water manage-
authorization of the Cross Florida Barge Canal Project by the U.S. Congress, ex-
cept for the possible effect of laws affecting this section prior to that date. meant purposes.
History.-s. 5, ch. 16176, 1933; s. 2, ch. 61-244; s. 12, ch. 79-167
'Note.-Repealed by s. 12, ch. 79-167, effective upon the effective date of de-
'374.051 Special powers.- authorization of the ro Florida Barge anal Project by the U.S. congress, e-
(1) The corporation is hereby granted the right, cept for the possible effect of laws affecting this section prior to that date.
privilege, franchise, power and authority:
(a) To acquire, own, construct, operate and main- 1374.061 Obligations of indebtedness.--Said
tain a canal across the peninsula of Florida, connect- corporation is hereby authorized and empowered to
ing the waters of the Atlantic Ocean with the waters borrow, from time to time, money for the construc-
of the Gulf of Mexico, together with sea and river ap- tion and operation of said canal and canal system, in
preaches thereto, and such lateral and connecting such amounts and on such terms, as the board of di-
branches as may be necessary or desirable; including rectors may deem advisable, and for that purpose it
a branch to link the St. Johns River with the Atlantic may issue bonds or obligations of indebtedness in its
Intracoastal Waterway, and a branch to link the own name, in such denominations, and at such rates
western reaches of such canal with the eastern termi- of terest, and with such maturities, as its board of
nus of the inland portion of the Gulf Intracoastal directors may determine, and in order to secure the
Waterway and the northern terminus of the inland payment thereof, said corporation is authorized and
portion of the Gulf Intracoastal Waterway, such ca- empowered to mortgage or pledge said canal and ca-
nal shall be constructed along such route, and to be nal system, and the tolls, income and revenues to be
derived therefrom. The corporation is further author-
of such size, dimensions, specifications, kind or type ized to agree to such other or additional terms author-nd
as may be approved by the Department of the Army provesze agree to such other o r additional terms and
or other appropriate department or agency of the provisions as may be necessary in order to finance the
United States. construction and operation of said canal. Bonds or
(b) To obstruct and build the necessary cuts obligations issued or executed by the corporation
(b) To construct and build the necessary cuts, shall be what is commonly termed "revenue bonds"
embankments, basins, reservoirs, locks, including and shall not constitute or be a debt or general obli-
such locks to connect Canaveral Harbor with the re- nation of the state. The payment thereof, both as to
vetments, levees and Atlantic Intracoastal Waterway principal and interest, shall be made solely out of the
and other appurtenances thereto principtolls and revenues to be derived from the operation of
(c) To construct said canal across, along or upon said canal and canal system, or from the proceeds of
any stream, waterway, highway, (including state sales or leases of corporate property, and this fact
highways), railroad or canal, whenever and wherever shall be stated on the face of the bonds. his fact
the route selected for said canal as aforesaid, shall in- History.--s. 6, ch. 16176, 1933; 12, ch. 79-167.
tersect or touch such stream, waterway, highway, 'Note.-Repealed by s. 12, ch. 79-167, effective upon the effective date of de-
railroad or canal, authorization of the Cross Florida Barge Canal Project by the U.S. Congress, ex-
cept for the possible effect of laws affecting this section prior to that date.
518








F.S. 1981 CANAL AUTHORITY; NAVIGATION DISTS.; WATERWAYS DEV. Ch. 374

'374.071 Eminent domain.-The said corpora- construction, maintenance and operation of said ca-
tion is hereby authorized and empowered to acquire nal, including approaches for bridges and tunnels
by condemnation, rights-of-way of such lengths and crossing over or under said canal, and to that end are
widths as may be reasonably necessary for the proper vested with the power of eminent domain to con-
construction and efficient operation, repair and im- demn all necessary lands for the purpose of securing
provement of said canal and canal system, its em- such rights-of-way, such condemnation proceedings
bankmepts, locks and appurtenances, for spoil areas to be brought, maintained and prosecuted in the
and borrow pits and for approaches to bridges and manner as prescribed in ss. 337.28 and 336.46, and
tunnels, crossing over or under said canal, including such counties are further authorized and empowered
the right to condemn such rights-of-way (of the to furnish to the corporation money, labor, materials
lengths and widths as above set forth) over property and other property, including reconstruction of high-
already devoted to public use for railroad, canal or ways, and bridges, necessitated in and by the con-
other public utility purposes, wherever the route of struction of said canal system. The board of county
such canal may cross the same, and said corporation commissioners of each of said counties is hereby au-
shall also have the right to acquire by gift, purchase thorized to determine the millage necessary to be lev-
or condemnation, land, timber, earth, rock and other ied and to levy a tax on real and personal property to
materials or property, and property rights, including procure the necessary funds for such purposes, which
riparian rights, in such amounts as may be reason- are hereby declared to be county purposes.
ably necessary or useful in the construction, opera- History.-s. 9, ch. 16176, 1933; s. 12, ch. 79-167.
'of said c l ad c l Note.-Repealed by s. 12, ch. 79-167, effective upon the effective date of de-
tion, repair or improvement of said canal and canal authorization of the Cross Florida Barge Canal Project by the U.S. Congress, ex-
system, its improvements, locks and appurtenances. cept for the possible effect of laws affecting this section prior to that date.
Condemnation proceedings shall be maintained by
and in the name of the corporation and the procedure '374.101 Tolls.-The said corporation shall fix
shall be, except insofar as is altered hereby, that now and shall have exclusive jurisdiction over the rates of
prescribed for condemnation proceedings by railroad tolls and rules for the use of said canal, without being
corporations in this state. subject to the supervisory control of any other state
History.-s. 7, ch. 16176, 1933; s. 12, ch. 79-167. board or commission. Tolls may be collected on all
Note.-Repealedby s. 12, ch. 79-167, effective uponthe effective dateofde- vessels or watercraft that pass or repass through said
authorization of the Cross Florida Barge Canal Project by the U.S. Congress, ex-
cept for the possible effect of laws affecting this section prior to that date. canal or any portion thereof which the corporation
may cut or construct, or through any channel not now
'374.081 State lands; right of taking.-This navigable, that the corporation may have dredged or
corporation shall have the right to take, exclusively deepened; and all such vessels and watercraft shall be
occupy, use and possess, insofar as may be necessary liable for such tolls and shall be subject to a prior lien
for carrying out the provisions of this act, any areas therefore, and may be detained by the corporation un-
of land owned by the state, not in use for state pur- til the same are paid and acquitted.
poses, including swamp and overflowed lands, bot- History.-s. 10, ch. 16176, 1933; s. 12, ch. 79-167.
of streams, lakes, rivers, bays, the sea and arms 'Note.--Repealed by s. 12, ch. 79-167, effective upon the effective date of de-
toms of streams, lakes, rivers, bays, the ea and arms authorization of the Cross Florida Barge Canal Project by the U.S. Congress, ex-
thereof and other waters of the state, and the ripari- cept for the possible effect of laws affecting this section prior to that date.
an rights thereto pertaining; and when so taken and
occupied, due notice of such taking and occupancy 1374.111 Revenues, use.-All revenues derived
having been filed with the Department of State by by the corporation from the operation of said canal
the corporation, such areas of land are hereby grant- shall be used exclusively for the payment of the ad-
ed to and shall be the property of the corporation. ministrative expenses of said corporation, the ex-
For the purposes of this section, the meaning of the penses of operation and maintenance of the canal, in-
term "use" shall include the removal of material from surance premiums for insurance of such kinds and in
and the placing of material on any such land. In case such amounts as the board of directors may deem ad-
it shall be held by any court of competent jurisdiction visable and including such amounts as may be neces-
that there are any lands owned by the state which sary, from time to time, for deepening and widening
may not be so granted, then the provisions of this the main channel of the said canal, as the require-
section shall continue in full force and effect as to all ments of commerce may demand or make advisable,
other lands owned by the state. The provisions of this and for the payment of the interest on, and the re-
section are subject to all laws and regulations of the payment of the principal of, any moneys that may be
United States with respect to navigable waters. borrowed from time to time by the corporation. Any
History.-s. 8, ch. 16176, 1933; ss. 10, 35, ch. 69-106; s. 12, ch. 79-167. surpluses that may be accumulated from time to
'Note.--Repealed by s. 12, ch. 79-167, effective upon the effective date of de- plue a
authorization of the Cross Florida Barge Canal Project by the U.S. Congress, ex- time, Over and above the cost of operation, adminis-
cept for the possible effect of laws affecting this section prior to that date. tration and maintenance as above defined, and over
and above principal, interest and sinking fund re-
'374.091 County donations of rights-of-way. quirements on loans, and over and above such
-The several counties of the state through which, or amounts as the board of directors may set aside for
adjacent to the boundaries of which may pass the operating capital, shall be covered into the State
route for said canal or any of its lateral or connecting Treasury and used for the purpose of reducing taxa-
branches, are hereby authorized to donate to the cor- tion.
portion all necessary rights-of-way, or portions History.-s. 11, ch. 16176, 1933; s. 12, ch. 79-167.
thereof, together with spoil areas, borrow pits and 'Note.-Repealed by s. 12, ch. 79-167, effective upon the effective date of de-
authorization of the Cross Florida Barge Canal Project by the U.S. Congress, ex-
other lands necessary or useful in the acquisition, cept for the possible effect of laws affecting this section prior to that date.
519










Ch. 374 CANAL AUTHORITY; NAVIGATION DISTS.; WATERWAYS DEV. F.S. 1981

'374.122 Pilots.-The corporation shall have mensurate with the duties and responsibilities placed
full power to employ or appoint and license pilots for upon him, as the board of directors may determine.
piloting vessels and other craft through any canal au- History.-s. 15, ch. 16176, 1933; ss. 12, 35, ch. 69-106; s. 12, ch. 79-167.
theorized herein. No pilot shall pilot any vessel or oth- 'Note.-Repealed by s. 12, ch. 79-167, effective upon the effective date of de
authorization of the Cross Florida Barge Canal Project by the U.S. Congress, ex-
er craft, which the regulations of the corporation re- cept for the possible effect of laws affecting this section prior to that date.
quire to be piloted, through the portions of said canal
specified in such regulations, unless he at that time '374.161 Contracts.-The corporation shall
holds a license from the corporation. The corporation have the power and authority to enter into any and
shall prescribe all rules and regulations governing pi- all contracts necessary or convenient to the exercise
lotage in any such canal, including the exemption of of any or all of the powers herein and hereby granted,
any craft from the necessity for pilotage, the wages or including contracts covering periods of time longer
fees to be paid to pilots, the qualification of pilots, than the terms of office of the members of the board
the method of handling and speed of vessels in any of directors making such contracts and shall also
such canal, and the measurement of vessels for pilot- have the power and authority to contract with the
age. The corporation shall have the power to revoke United States or any appropriate department or
at will the license of any pilot licensed by it. The cor- agency thereof for the construction, operation or con-
poration shall have the right to deny or prevent at trol of said canal or any portion thereof.
any time the entrance to or use of any such canal or History.-s. 16, ch. 16176, 1933; s. 12, ch. 79-167.
any part thereof by any craft. The provisions of this 'Note.-Repealed by s. 12, ch. 79-167, effective upon the effective date of de-
section are subject to all federal laws and regulations authorization f the Cross FloridaBarge Canal Project bythe U.S Conressex-
cept for the possible effect of laws affecting this section prior to that date.
of all federal departments having appropriate juris-
diction. 1374.171 Transfer to Federal Government.
History.-s. 12, ch. 16176, 1933; s. 12, ch. 79-167. '374 1 Tra r to F l Gt.
'Note.-Repealed by s. 12, ch. 79-167, effective upon the effective date of de- -In the event that the United States should decide
authorization of the Cross Florida Barge Canal Project by the U.S. Congress, ex- to undertake the construction of said canal across
cept for the possible effect of laws affecting this section prior to that date. Florida, by an agency or department of the Federal

'374.132 Tax exemption.-All property of the Government, or in the event the UnitedSta
corporation shall be exempt from taxation should at any time desire to take over the ownership
corporation shall be exempt from taxation.os e oo id
History.-s. 13, ch. 16176, 1933; s. 34, ch. 69-216; s. 12, ch. 79-167. or possession of said canal for the purpose of operat-
'Note.-Repealed by s. 12, ch. 79-167, effective upon the effective date of de- ing the same free of tolls, the board of directors of the
authorization of the Cross Florida Barge Canal Project by the U.S. Congress, ex- corporation is authorized, upon such terms and in
cept for the possible effect of laws affecting this section prior to that date.
cf.---s. 212.08 Sales, rental, storage, use tax; specified exemptions. such manner as said board shall deem proper, to as-
sign, transfer and convey to the United States, or to
'374.141 Reports.-The corporation shall make the appropriate agency thereof, such assets, fran-
to the Governor an annual report setting forth in ap- chises and property, or interests therein, of the cor-
propriate detail the business transacted during the portion, including lands, easements, and
year and the condition of the corporation at the close rights-of-way acquired by said corporation hereun-
of the year. Such annual reports shall be accompa- der, as may be necessary or desirable, in said board's
nied by duly certified audits of the accounts of the judgment, to accomplish such purposes.
corporation, made by the Auditor General. The cor- History.-s. 17, ch. 16176, 1933; s. 3, ch. 61-244; s. 12, ch. 79-167.
portion shall furnish to the Governor such addition- 'Note.-Repealed by s. 12, ch. 79-167, effective upon the effective date ofde-
authorization of the Cross Florida Barge Canal Project by the U.S. Congress, ex-
al reports and information as he shall from time to cept for the possible effect of laws affecting this section prior to that date.
time require.
History.-s. 14, ch. 16176, 1933; s. 8, ch. 69-82; s. 12, ch. 79 167. 1374.181 Liberal construction of act.-It is
'Note.-Repealed by s. 12, ch. 79-167, effective upon the effective date of de-
authorization of the Cross Florida Barge Canal Project by the U.S. Congress, ex- intended that the provisions of this act shall be liber-
cept for the possible effect of laws affecting this section prior to that date. ally construed for accomplishing the work authorized

and provided for or intended to be provided for by
'374.151 Officers; bonds, per diem, compen- this act, and where strict construction would result in
sation.-The members of the board of directors of the defeat of the accomplishment of any part of the
the corporation shall each give bond in the sum of work authorized by this act, and a liberal construc-
$25,000, each conditioned upon the faithful perfor- tion would permit or assist in the accomplishment
mance of the duties of the office concerned, said thereof, the liberal construction shall be chosen.
bonds to be furnished by reputable bonding compa- History.-s. 19, ch. 16176, 1933; s. 12, ch. 79-167.
nies authorized to do business in this state, to be pay- 'Note.-Repealed by s. 12, ch. 79-167, effective upon the effective date of de-
able to the Governor of the state and his successors n authorization of the Cross Florida Barge Canal Project by the U.S. Congress, ex-
able t the Governor o the state and his successors in cept for the possible effect of laws affecting this section prior to that date.
office, and approved by the Department of Banking
and Finance. It shall not be necessary for such bonds PART II
to be furnished, however, until the corporation shall
have obtained a loan of sufficient moneys with which NAVIGATION DISTRICTS
to construct said canal. Each member of the board
shall receive a per diem salary of $12 per day for ser- 374.3001 Cross Florida Canal Navigation District;
vices rendered to the corporation from time to time, disposition of property and funds.
such salary to be paid upon the approval of the board 374.301 Ship canal navigation districts.
of directors. Provided, however, that the board may 374.311 Board of commissioners.
select one of their members as managing director, 374.321 General powers and duties.
who shall receive such additional compensation, com- 374.331 Surety bonds.

520











F.S. 1981 CANAL AUTHORITY; NAVIGATION DISTS.; WATERWAYS DEV. Ch. 374

374.341 Rules and regulations; committees; quo- referred to as the "district," or the "navigation dis-
rum. trict."
374.351 Compensation and expenses; executive History.-s. 1, ch. 17023, 1935; s. 1, ch. 61-269; s. 12, ch. 79-167.
secretary-treasurer. 'Note.-Repealed by s. 12, ch. 79-167, effective upon the effective date of de-
authorization of the Cross Florida Barge Canal Project by the U.S. Congress, ex-
374.361 Issuance of bonds. cept for the possible effect of laws affecting this section prior to that date.
374.371 Promissory notes, issuance, repayment.
374.391 Bonds; procedure for issuance and calling. '374.311 Board of commissioners.-A govern-
374.401 Bonds; signatures. ing body for said district is created, consisting of five
374.411 Bonds; election for issuance. members, which body shall be designated as the
374.421 Bonds; additional elections. "Board of Commissioners of the Cross Florida Canal
374.431 Legality of bond issue; protest. Navigation District," but which shall, for purposes of
374.441 Security for bonds. brevity and convenience, be referred to as the
374.451 Bonds; validity and incontestability. "board," or the "district board," in this act. Their
374.461 Bonds; sale. term of office shall be for 4 years or until their suc-
374.471 Sinking fund. cessors shall have been appointed and qualified; pro-
374.481 Redemption of bonds, investment of sink- vided, however, that of the directors comprising the
ing fund. first governing body, two shall serve for a term of 4
374.491 Deposit of funds. years, one shall serve for a term of 3 years, one shall
374.501 Levy of taxes. serve for a term of 2 years and one shall serve for a
374.511 Publication of financial statement. term of 1 year. The directors shall reside in the coun-
374.521 Liberal construction, ties comprising the district with not more than one
director to reside in any one county. The directors
'374.3001 Cross Florida Canal Navigation shall be appointed by the Governor.
District; disposition of property and funds.- History.--s 2, ch. 17023, 1935; s. 2, ch. 61-269; s. 12, ch. 79-167.
(1) All property of the Cross Florida Canal Navi- 'Note.-Repealed by s. 12, ch. 79-167, effective upon the effective date of de-
.tion Disrict is h y t d to te D t- authorization of the Cross Florida Barge Canal Project by the U.S. Congress, ex-
gation District is hereby transferred to the Depart- cept for the possible effect of laws affecting this section prior to that date.
ment of Natural Resources. All funds remaining in
any account of the district and not legally obligated '374.321 General powers and duties.-The
on the effective date of this act shall be transferred to district board shall have all the powers of a body cor-
the Department of Natural Resources, such funds to porate, including the power to sue and be sued; to
be included under the management plan repayment make contracts; to adopt and use a common seal and
provisions pursuant to 2s. 253.783(2)(g). to alter the same as may be deemed expedient; to
(2) Upon deauthorization by Congress, there rent, lease, buy, own, acquire and dispose of such
shall be appropriated $9,340,720 for the purpose of property, real or personal, as the board may deem
repaying to each county of the Cross Florida Canal proper to carry out the provisions of this act; to ap-
Navigation District that amount of principal which it point and employ and dismiss at pleasure such engi-
contributed. The accrual of interest shall cease upon neers, attorneys, auditors, consultants, and employ-
payment of the $9,340,720 principal, ees as the board may require, and to fix and pay the
(3) Upon repayment to the counties of the Cross compensation thereof; to establish an office or offices
Florida Canal Navigation District, as specified in this for the transaction of its business, either in Tallahas-
act, any funds derived from the management or dis- see, or in some city within the district, and to change
position of lands of the Cross Florida Barge Canal the same from time to time; to borrow money and, in
Project will be deposited in the Cross Florida Barge the manner and subject to the limitations herein con-
Canal Trust Fund. trained, to execute, issue and deliver promissory
(4) This act shall not be construed to abrogate or notes, warrants, bonds or other evidences of indebt-
impair any contractual agreement entered into by the edness; to pay all necessary costs and expenses in-
canal authority or the Board of Commissioners of the evolved and incurred in the formation and organiza-
Cross Florida Canal Navigation District. tion of the district, and incident to the administra-
'Note.-Effective only upon reauthorization of the Cross Florida Barge Ca- tion and operation thereof, and to pay all other costs
nal Project by the United States Congress, on the effective date of such deau- and expenses reasonably necessary or expedient in
thorization by the United States Congress.
'Note.-The editors substituted "s. 253.783(2)(g)" for "subsection (2)(f) of carrying out and accomplishing the purposes of this
section 4." Subsection (2)(f) of section 4 of C.S. for H.B. 141 was relettered as act; to do any and all other acts and things hereinaf-
(2)(g) as a result of Senate Amendment 2B to C.S. for H.B. 141. See 1979 Senate
Journal. p. 725. ter authorized or required to be done, whether or not
included in the general powers in this section men-
'374.301 Ship canal navigation districts, tioned; and to do any and all things necessary to ac-
-For the purpose of raising funds to be used by the complish the purposes of this act.
canal authority of the state in paying for the cost of History.--s. 3, ch. 17023, 1935; s. 12, ch. 79-167.
'Note.-Repealed by s. 12, ch. 79-167, effective upon the effective date of de-
securing a right-of-way for a canal across the state, authorization of the Cross Florida Barge Canal Project by the U.S. Congress, ex-
running through or adjacent to the counties hereinaf- cept for the possible effect of laws affecting this section prior to that date.
ter named, there is hereby created and incorporated
a special taxing district consisting of the Counties of '374.331 Surety bonds.-Each member of the
Duval, Clay, Putnam, Marion, Levy and Citrus. Said district board, before assuming to act as such, shall
district shall be known and designated as "The Cross be required to give a good and sufficient surety bond
Florida Canal Navigation District," but shall in this in the sum of $10,000, payable to the Governor of the
act, for the purposes of brevity and convenience, be state, and his successors in office, conditioned upon
521





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Ch. 374 CANAL AUTHORITY; NAVIGATION DISTS.; WATERWAYS DEV. F.S. 1981

the faithful performance of his duties as a member of num. Such bonds shall mature at the time or times
the district board and as a member of the board of di- and shall be issued in the manner and on the terms
rectors of said authority. Such bonds shall be ap- and conditions, as hereinafter set forth.
proved by and filed with the Department of Banking (2) The proceeds of all bonds so issued, over and
and Finance, and the premium or premiums thereon above the amounts which may be necessary to retire
shall be paid by the district board as a necessary ex- the outstanding promissory notes of the district, and
pense of the district, over and above the amounts reasonably necessary for
History.-s. 4, ch. 17023, 1935; ss. 12, 35, ch. 69-106; s. 12, ch. 79-167. the board to retain in order to cover its administra-
'Note.-Repealed by s. 12, ch. 79-167, effective upon the effective date of de- i
authorization of the Cross Florida Barge Canal Project by the U.S. Congress, ex- tive and operating expenses, hall be turned er t
cept for the possible effect of laws affecting this section prior to that date. the canal authority, to be used by it in paying the
costs and expenses of acquiring a right-of-way for a
'374.341 Rules and regulations; committees; canal across the state, running through or adjacent to
quorum.-The district board shall have power to the boundaries of the counties comprising the dis-
adopt, alter, or repeal its own bylaws, rules and regu- trict, together with sea and river approaches thereto
lations governing the manner in which its business and such lateral and connecting branches as may be
may be transacted and in which the power granted to necessary or desirable, and in paying its administra-
it may be enjoyed, and may provide for the appoint- tive and operating expenses while so engaged in the
ment of such committees, and the functions thereof, acquisition of said right-of-way, and paying for any
as the board may deem necessary or expedient in fa- other expenses authorized to be incurred by said au-
cilitating its business. Three members of the board thority in and by part I of this chapter. All of the said
(one of whom may be the chairman), shall constitute bonds need not be sold at once, but the same shall be
a quorum for the transaction of business, and a ma- sold in such amounts, and at such times as to meet
jority vote of all members present shall be necessary the monetary needs of the authority in acquiring the
in order to authorize any action by the board. The said right-of-way, and so that the acquisition thereof
chairman shall be entitled to vote on all questions, by the authority shall not be delayed or interrupted
History.-s. 5, ch. 17023, 1935; s. 12, ch. 79-167. by lack of funds.
'Note.-Repealed by s. 12, ch. 79-167, effective upon the effective date of de-
authorization of the Cross Florida Barge Canal Project by the U.S. Congress, ex- (3) Any of the proceeds of such bonds, or other
cept for the possible effect of laws affecting this section prior to that date. district moneys which may have been turned over to
the authority as in this act provided, and which shall
'374.351 Compensation and expenses; exec- not be needed for the purpose of acquiring said
utive secretary-treasurer.-Each member of the right-of-way or in paying the costs and expenses inci-
district board shall receive a per diem allowance and dent thereto, shall, after said right-of-way shall have
traveling expenses as provided by s. 112.061, for each been completely secured, be returned and repaid to
day's service, but neither such per diem nor mileage the district and paid into the bond sinking fund to be
shall be paid unless the service performed has been created as hereafter provided.
authorized and payment approved by the board. The (4) If any of the bonds authorized to be issued
board may select one of its members to serve as its and sold hereunder, havc not been sold by the time
executive secretary and treasurer, or one of its mem- said right-of-way shaL: -.,' been completely ac-
bers as executive secretary and one as treasurer, and quired, and after all expenses incident to such acqui-
in that event he or they shall receive such additional sition have been paid, then such bonds shall not be
compensation, commensurate with the duties and re- sold thereafter, but the same shall be canceled, and
sponsibilities placed upon him or them as the board any unused portion of said bonds at that time still re-
may determine. The board may, however in its dis- mining in the hands of the district board shall be
creation, appoint a nonmember of the board as such paid into the said bond sinking fund.
executive secretary and treasurer, or it may appoint History.-s. 7, ch. 17023, 1935; s. 3, ch. 61-269; s. 30, ch. 73-302; s. 12, ch.
a member as executive secretary and a nonmember as 79-167.
itmay apo i two 'Note.-Repealed by s. 12, ch. 79-167, effective upon the effective date of de-
treasurer, or vice versa, or it may appoint two non- authorization of the Cross Florida Barge Canal Project by the U.S. Congress, ex-
members, one as executive secretary and one as trea- cept for the possible effect of laws affecting this section prior to that date.
surer. In any of such events, the board shall require a
surety bond of such appointee or appointees in such '374.371 Promissory notes, issuance, repay-
amount as the board may fix, which bond, in the case ment.-The district board is authorized and empow-
of the appointment of a member of the board, shall ered, in order to provide itself and the canal authori-
be in addition to the bond furnished by him as a ty with immediate funds, to borrow money, for a pe-
board member. riod or periods not exceeding 1 year, and to issue its
History.-s. 6, ch. 17023, 1935; s. 1, ch. 63-216; s. 12, ch. 79-167. promissory notes therefore, upon such terms, and at
'Note.--Repealed by s. 12, ch. 79-167, effective upon the effective date of de- such rate or rates of interest, not exceeding 71/V per-
authorization of the Cross Florida Barge Canal Project by the U.S. Congress, ex-
cept for the possible effect of laws affecting this section prior to that date. cent per annum, as the board may deem advisable;
provided, however, that the total amount of money so
'374.361 Issuance of bonds.- borrowed on promissory notes as aforesaid, shall not
(1) In order to carry out the purposes of this act, exceed the sum of $200,000. Such notes shall be re-
the district board is authorized and empowered to is- paid out of the proceeds of the bond issue hereinafter
sue, in the corporate name of the district, negotiable provided for, unless no bonds are issued or approved,
bonds in an amount not exceeding the sum of in which event the district board shall make provi-
$2,750,000 bearing interest at a rate to be fixed by sion in its tax levy for the raising of sufficient funds
the board, but not in excess of 7.5 percent per an- for the repayment of said notes. The moneys so bor-
522











F.S. 1981 CANAL AUTHORITY; NAVIGATION DISTS.; WATERWAYS DEV. Ch. 374

rowed on such notes may be used for the purpose of provided for by a resolution of the district board, set-
providing the board with sufficient funds with which ting forth the amount of bonds proposed to be issued,
to administer and operate the district until the pro- the denominations and date or dates of maturity
ceeds of the bond issues or tax levies hereinafter pro- thereof, the rate of interest the same are to bear, the
vided for are available, including all expenses neces- time and place where the bonds and the interest
sarily incurred in calling and holding the election thereon shall be payable, and such other terms and
hereinafter provided for; and the remainder thereof conditions as authorized by this act, upon which it is
shall be turned over to the canal authority, for the proposed to issue the bonds. The resolution shall fur-
same purposes, and in the same manner and subject their call for and fix a date and otherwise provide for
to the same terms and conditions as are herein set the holding of an election for submission to the quali-
forth with reference to the net proceeds of the bond fied freeholders residing in the district, for their ap-
issue as above provided. proval or disapproval, of the question of the issuance
History.-s. 8, ch. 17023, 1935; s. 4, ch. 61-269; s. 118, ch. 77-104; s. 12, ch. of the bonds. Notice of the resolution and election
79-167.
'Note.-Repealed by s. 12, ch. 79-167, effective upon the effective date of de- shall be published in each county in the district once
S authorization of the Cross Florida Barge Canal Project by the U.S. Congress, ex- a week for 4 consecutive weeks before the election is
cept for the possible effect of laws affecting this section prior to that date. h T b s
held. The board shall cause to be prepared a suffi-
374.391 Bonds; procedure for issuance and cient number of ballots to be used at the election,
S calling.-The bonds of the district issued pursuant which ballots shall be in substantially the following
to the provisions of this act shall be authorized by a orm:
resolution of the board and shall be serial bonds ma-
turing at such time or times not exceeding 30 years OFFICIAL BALLOT
from their respective dates, be in such denomina- SPECIAL BONDING ELECTION
S tions, be in such form, either coupon or fully regis- The Florida Canal Navigation District
tered, shall carry such registration, exchangeability (Place a crossmark (x) before the proposition of
or interchangeability privileges, be payable in such your choice)
S medium or payment and at such place or places, and FOR: Issuing Florida Canal Navigation District
be subject to such terms or redemption as such reso- Bonds in an amount not to exceed the sum of
S lution or any resolution subsequent thereto may pro- $2,750,000 bearing interest at the rate of 7.5 percent
S vide. The bonds shall be executed either by manual per annum, the proceeds of which bonds, or so much
or facsimile signature by such officer or officers as thereof as may be necessary, to be used in acquiring
S the board shall determine, provided that such bonds a right-of-way for a canal across the state of Florida,
shall bear at least one signature which is manually running through said district.
executed thereon, and the coupons attached to such AGAINST: Issuing Florida Canal Navigation Dis-
S bonds, if any, shall bear the facsimile signature or trict Bonds in an amount not to exceed the sum of
S signatures of such officer or officers as shall be desig- $2,750,000 bearing interest at the rate of 7.5 percent
nated by the board and shall have the seal of the dis- per annum, the proceeds of which bonds, or so much
trict affixed, imprinted, reproduced or lithographed thereof as may be necessary, to be used in acquiring
thereon, all as may be prescribed in such resolution a right-of-way for a canal across the state of Florida,
or resolutions. The bonds issued hereunder shall be running through said district.
sold at public sale at such price or prices as the board (2) The election shall be held at the several places
shall determine to be in the best interest of the dis- in the district where the last general election was
"trict, provided that the interest cost to the district of held in each of the counties of the district, unless the
such bonds shall not exceed 7.5 percent per annum. district board shall otherwise direct, and said board
History.-s. 10, ch. 17023, 1935; s. 6, ch. 61-269; s. 31, ch. 73-302; s. 12, ch. s it h i a e o e an i or
79-167. shall appoint the inspectors and clerks of election for
'Note.-Repealed by s. 12, ch. 79-167, effective upon the effective date of de- each of the election precincts in said district. Only
authorization of the Cross Florida Barge Canal Project by the U.S. Congress, ex- qualified ele as
"a- cept for the possible effect of laws affecting this section prior to that date. the freeholders who are qualified electors, as herein
provided, and residing in said district shall be eligible
'374.401 Bonds; signatures.-In case any to vote in said election. The election shall be con-
chairman or secretary of said board, whose signature, ducted and the canvass of the votes certified to and
"I countersignature, or certificate appears upon any of returned, and the returns canvassed substantially in
the bonds authorized by this act, or coupons thereon, the manner and within the time prescribed by gener-
'e- shall! cease to be such chairman or secretary, before al law for holding bond elections, except as herein
s the delivery of such bonds to the purchaser, the sig- otherwise provided, and except that the returns of
at nature or countersignature, or certificate shall never- the election from each precinct in each of the coun-
"er- theless be valid and sufficient for all purposes, the ties in said district shall be delivered to the chairman
ie same as if such chairman or secretary had continued and secretary of the district board instead of to the
so to be such chairman or secretary until the delivery of county officers or official to whom the returns are
not ; the bonds, usually made. The board shall hold a meeting as soon
re i History.-s. 11, ch. 17023, 1935; s. 12, ch. 79-167. thereafter as is practicable for the purpose of can-
'Not .- Repealed by s. 12, ch. 79-167, effective upon the effective date ofde- passing the election returns and certifying the re-
authorization of the Cross Florida Barge Canal Project by the U.S. Congress, ex- vssing
ed, cept for the possible effect of laws affecting this section prior to that date. turns. If a majority of the freeholders who are quali-
:.- fied electors residing in the district shall have partici-
S s 374.411 Bonds; election for issuance.- pated in the election and a majority of the votes cast
'or- (1) Before issuing any bonds, the issue shall be in the election are in favor of the issuance of the

523










Ch. 374 CANAL AUTHORITY; NAVIGATION DISTS.; WATERWAYS DEV. F.S. 1981

bonds, then the district board shall be authorized to necessary, except such as are required by this act.
issue and sell the bonds, in the manner as herein au- Provided, however, that the district board may, if it
thorized, in the amount specified in the resolution deems such action expedient, validate the bonds, in
calling the election, and to use the proceeds as autho- the same manner as is provided by general law for the
rized in this act. If, however, a majority of the free- validation of bonds of counties and municipalities. If
holders who are qualified electors residing in the dis- the validation proceedings are pursued, they may be
trict shall not have participated in the election, or if instituted by petition filed in the circuit court in and
a majority of the freeholders shall have participated for Duval County, and the proceedings thereon shall
but less than a majority of the votes cast are in favor be conducted in the same manner and shall have the
of the issuance of the bonds, then and in either of same effect as is provided by general law for the vali-
such cases, no bonds shall be issued, dation of county and municipal bonds except that
History.-s. 12, ch. 17023, 1935; s. 7, ch. 61-269; s. 2, ch. 65-60; s. 108, ch. notice of hearing on the petition shall be given by
71-355; s. 32, ch. 73-302; s. 12, ch. 79-167. publication in one or more newspapers pu
'Note.-Repealed by s. 12, ch. 79-167, effective upon the effective date of de- publication in one or more newspapers published i
authorization of the Cross Florida Barge Canal Project by the U.S. Congress, ex- each county in the district, once a week for 3 consecu-
cept for the possible effect of laws affecting this section prior to that date. tive weeks, the first publication to be at least 18 days

prior to the date fixed for the hearing.
'374.421 Bonds; additional elections.-In the History.-s. 16, ch. 17023, 1935; s. 12, ch. 79-167.
event the issuance of the bonds is not approved by 'Note.-Repealed by s. 12, ch. 79-167, effective upon the effective date of de-
the first election held under this act, the district authorization of the Cross Florida Barge Canal Project by the U.S. Congress, ex-
the first election held under this act, the district cept for the possible effect of laws affecting this section prior to that date.
board shall be authorized to call another election on
the question of the issuance of such bonds, such elec- '374.461 Bonds; sale.-The district board, af-
tion to be held not sooner than 6 months after the ter the approval of the issuance of the bonds at the
first election, and further elections may be called and election hereinabove provided for, shall have the
held, but not oftener than 6 months apart, power and authority to proceed forthwith to sell all of
"History.--s. 13, ch. 17023, 1935; s. 12, ch. 79-167. the bonds or portions thereof from time t ime at
"Note.-Repealed by s. 12, ch. 79-167, effective upon the effective date of de- the bonds or portions thereof from time to time, at
authorization of the Cross Florida Barge Canal Project by the U.S. Congress, ex- public sale, or upon sealed proposals, to the highest
cept for the possible effect of laws affecting this section prior to that date. bidder for cash, after due notice thereof shall have

been published in a newspaper published in Duval
'374.431 Legality of bond issue; protest.-No County, once a week for 2 consecutive weeks, provid-
proceedings shall be brought by anyone to contest or ed, however, that the bonds shall not be sold for less
question the legality or validity of the bond issue af- than 95 cents on the dollar, plus accrued interest
ter the expiration of the period of 30 days following thereon to the date of delivery. The board shall have
the publication of the first notice of the board's reso- the right to reject any or all bids, and if no satisfacto-
lution authorizing the issuance of the bonds, as pro- ry bid is received on the day advertised for the sale
vided in s. 374.411. thereof, the bonds or any part thereof may be sold at
History.-s. 14, ch. 17023, 1935; s. 12, ch. 79-167. private sale at any time within 60 days thereafter, at
'Note.-Repealed by s. 12, ch. 79-167, effective upon the effective date of de- sale at any time in ay thereafter, at
authorization of the Cross Florida Barge Canal Project by the U.S. Congress, ex- not less than the highest bid received at the adver-
cept for the possible effect of laws affecting this section prior to that date. tised sale, and at not less than the above stated mini-

mum price of 95 cents on the dollar, plus accrued in-
'374.441 Security for bonds.-Any and all terest to date of delivery. The board may, however,
bonds issued pursuant to the authority contained in sell any or all of the bonds at private sale at any time,
this act, when sold, issued and delivered, shall be- whether notice has been published or not, provided
come and be binding, valid and legal obligations of that they are sold for not less than par plus accrued
the navigation district, and for the security and pay- interest to date of delivery.
ment of the bonds and the interest thereon, the en- History.-s. 17, ch. 17023, 1935; s. 12, ch. 79-167.
tire taxable property lying within the district, and Not-Reped by s. 12, ch. 79-167, effective upon the effective date of de-
the full faith and credit thereof shall be pledged, cept for the possible effect of laws affecting this section prior to that date.
History.-s. 15, ch. 17023, 1935; s. 12, ch. 79-167.
'Note.-Repealed by s. 12, ch. 79-167, effective upon the effective date of de- '374.471 Sinking fund.--It shall be the duty of
authorization of the Cross Florida Barge Canal Project by the U.S. Congress, ex-
cept for the possible effect of laws affecting this section prior to that date. the treasurer of the district, as custodian of the funds

belonging thereto, out of the proceeds of the taxes
'374.451 Bonds; validity and incontestabili- levied and imposed as provided in this act, and out of
ty.-This act, without reference to any other act or any other moneys in his possession belonging to the
statute of the Legislature of the state, shall be full district (all of which moneys, so far as may be neces-
authority for the issuance and sale of the bonds here- sary, are appropriated for the purpose), to pay the in-
in authorized, which bonds shall have all the qualities terest on and principal of the bonds as the same shall
of negotiable paper and which shall not be invalid be- fall due. There is hereby created a sinking fund for
cause of any irregularity or defect in the proceedings the payment of the principal of all of the bonds, and
for the issuance and sale thereof, and any and all until all of the bonds issued shall have been paid, or
such bonds shall be incontestable in the hands of until there shall have been accumulated in said sink-
bona fide purchasers thereof. All the bonds, regard- ing fund sufficient funds to pay all of such bohds, the
less of time of sale, shall be of equal rank and without board shall set apart and pay into said sinking fund
priority of one over the other, except as to the time of annually, beginning with the year following the year
maturity as may be fixed in the bonds. No proceed- in which the bonds are issued, out of taxes levied and
ings in respect to the issuance of said bonds shall be imposed by this act and other funds of the district at

524





~ -- --- -------~--~---c----~I












F.S. 1981 CANAL AUTHORITY; NAVIGATION DISTS.; WATERWAYS DEV. Ch. 374

least 3.5 percent of the total amount of bonds issued property in the district, subject to the limitations and
and sold hereunder. The sinking fund for the pay- restrictions herein contained. The maximum amount
ment of the bonds shall not be appropriated to or of taxation which the district board shall be author-
used for ahy other purpose, ized to levy in any one year shall not exceed
History.-s. 18, ch. 17023, 1935; s. 12, ch. 79-167. six-tenths mill on the dollar on the assessed evalua-
'Note.--Repealed by s. 12, ch. 79-167, effective upon the effective date of de- tion of the district. The amount of such lev to be
authorization of the Cross Florida Barge Canal Project by the U.S. Congress, ex- tion of te district. he amount of such levy to be
cept for the possible effect of laws affecting this section prior to that date. made each year by the district shall be determined by
resolution of the district board; and a certified copy
'374.481 Redemption of bonds, investment of of such tax resolution executed in the name of the
sinking fund.-The board is hereby authorized and board by its chairman and attested by its secretary
empowered to invest the moneys belonging to the under its corporate seal, shall be delivered to the
sinking fund in bonds issued under the provisions of board of county commissioners of each and every
this act, or in bonds issued by the United States. county in the district and to the Department of Reve-
Whenever necessary or expedient in the opinion of nue immediately after the adoption of such resolu-
the board, the securities in said sinking fund may be tion. The moneys received by the district from such
sold and the proceeds used in paying maturing bonds levy shall be used by it as follows:
of the district or in calling the bonds for redemption (a) To furnish the amount needed by the board
as hereinabove in s. 374.391 provided, or for the pur- for the annual administrative and operating expenses
pose of being invested in conformity with the provi- of the district which amount shall not exceed the
sions hereof. Provided, however, that whenever the amount which would be raised by a levy of one-tenth
total amount of money in the sinking fund (comput- mill on the dollar on the assessed valuation of the
ing the bonds held as cash on the basis of their then district.
market value, less the cost of sale), shall exceed the (b) The balance of the amount raised by such an-
amount necessary to pay bonds maturing during the nual levy shall be used for the payment of the princi-
next ensuing 12 months, the surplus shall immediate- pal of and interest on the outstanding bonds of the
ly be used by the board for the purpose of calling district becoming due and payable during the ensu-
bonds for redemption in the manner as prescribed in ing year, and for the establishment of reserves for
s. 374.391. such purposes. If no bonds of the district be out-
Historv.-s. 19, ch. 17023, 1935; s. 12, ch. 79-167. standing, then the proceeds of said levy, less the
'Not.. -Repealed by s. 12, ch. 79-167, effective upon the effective date of de- anntn the pc s sileyle t
authorization of th Css rgoby te Cross Florida Barge Canal Project by the U.S. Congress, ex- amount needed for the annual administrative and op-
cept for the possible effect of laws affecting this section prior to that date. rating expenses of the district, shall be turned over
by the district to the canal authority of the state to
'374.491 Deposit of funds.-All district funds be used by it in acquiring the necessary right-of-way
shall be deposited in a bank or banks to be designat- for the Cross Florida Barge Canal, as herein provid-
ed by the board, including federal savings and loan ed.
associations. The board shall designate as such de- (2) It shall be the duty of each of said boards of
pository or depositories the bank or banks that will county commissioners, each year, to order the prop-
offer the best inducement as to the payment of inter- erty appraisers of each of said counties to levy and
est on daily balances, but before any district moneys assess, and the county tax collector to collect a tax at
are deposited in the depository or depositories, secur- the rate fixed by the said resolution of the district
ity ample to protect the deposits shall be furnished to board upon all of the real and personal property in
the district (without expense to the district), which said counties for said year and said levies and assess-
security shall be in the form either of a surety bond ments shall be included in the tax roll and warrant of
or bonds executed by a surety company or companies the property appraisers in each of said counties for
authorized to do business in this state, or in the form such year. The tax collector of each said county shall
of a deposit, to the credit of the district, of bonds of collect such taxes so levied by the district board in
the United States or of the district, or insurance for the same manner and at the same time as state and
the full amount of the deposit through an agency of county taxes are collected and shall pay and remit
the United States. Funds of the district shall be paid the same upon collection, within the time and in the
out only upon warrant signed by the treasurer of the manner required by law, to the district board.
board and countersigned by the chairman or vice (3) The property appraiser, tax collector, and the
chairman. No warrants shall be drawn or issued dis- board of county commissioners of each and every
bursing any of the funds of the district except for a county in said district shall, when requested by the
purpose authorized by this act and only when the ac- district board, prepare from their official records and
count or expenditure for which the same is to be giv- deliver to the board any and all information that may
en in payment has been ordered or approved by the be requested from time to time from him or them re-
board. garding the tax valuations, levies, assessments or col-
History.-s. 20, ch. 17023, 1935; s. 8, ch. 61-269; s. 12, ch. 79-167. elections in such counties.
'Note.--Repealed by s. 12, ch. 79-167, effective upon the effective date of de- (4) If an of the lands acquired by the canal au-
authorization of the Cross Florida Barge Canal Project by the U.S. Congress, ex- I any the lands acquired y anal
cept for the possible effect of laws affecting this section prior to that date. thority of Florida with funds provided by the Cross
Florida Canal Navigation District under this act be-
'374.501 Levy of taxes.- come surplus after the rights-of-way needs of the ca-
(1) The navigation district shall have, and it is nal authority have been met, such land may be sold
hereby granted, the power to levy, assess, collect and and the proceeds of such sale shall be paid to the
enforce taxes upon all taxable real and personal counties comprising said district in direct proportion
525










Ch. 374 CANAL AUTHORITY; NAVIGATION DISTS.; WATERWAYS DEV. F.S. 1981

to the contribution of each county to the Cross Flori- state or federal government or appropriate agency
da Navigation District. thereof has authorized a waterways development
History.-s. 21, ch. 17023, 1935; s. 9, ch. 61-269; ss. 1, chs. 65 237, 65-405; ss. project within the state and has defined and delineat-
21, 35, ch. 69-106; s. 1, ch. 77-102; s. 12, ch. 79-167. ed the course or boundaries of said proj
'Note.-Repealed by s. 12, ch. 79-167, effective upon the effective date ofde- ed the course or boundaries of aid project, the De-
authorization of the Cross Florida Barge Canal Project by the U.S. Congress, ex- apartment of Natural Resources, acting through its
cept for the possible effect of laws affecting this section prior to that date. Division of Resource Management, shall create and

establish a special taxing district composed of the
'374.511 Publication of financial statement. county or counties within the state through which or
-At least once in each year the district board shall adjacent to which such project runs. A certified copy
publish once in some newspaper published in each of of the resolution adopted by the Governor and Cabi-
the counties of the district, a complete detailed state- net, as department head, creating and establishing
ment of all moneys received and disbursed by the said district shall be published in a newspaper of gen-
district during the preceding year. Such statement eral circulation in each county which composes said
shall also show the several sources from which such district once a week for 4 consecutive weeks corn-
funds were received, and the balance on hand at the mencing within 1 week of the creation of said district.
time of publishing the statement, and shall show the History.-s. 1, ch. 61-121; ss. 25, 35, ch. 69-106; s. 52, ch. 79-65.
complete financial condition of the district.
History.-s. 22, ch. 17023, 1935; s. 12, ch. 79-167. 374.76 Purpose of district.-The district so
'Note.-Repealed by s. 12, ch. 79-167, effective upon the effective date of de- created shall be designated with an appropriate iden-
authorization of the Cross Florida Barge Canal Project by the U.S. Congress, ex-
cept for the possible effect of laws affecting this section prior to that date. tifying name. The purpose of the district shall be to
raise funds to be used by the canal authority of the
'374.521 Liberal construction.-It is intended state under the direction and control of the Division
that the provisions of this act shall be liberally con- of Resource Management in acquiring and paying for
strued to accomplish the purposes provided for, or rights-of-way for the development of the particular
intended to be provided for, herein, and where strict waterways project.
construction would result in the defeat of the accom- History.-s. 2, ch. 61-121; ss. 25, 35, ch. 69-106; s. 53, ch. 79-65.
plishment of any of the acts authorized herein, and a
liberal construction would permit or assist in the ac- 374.761 Navigation districts subject to su-
complishment thereof, the liberal construction shall pervision of division.-Any navigation district cre-
be chosen. ated pursuant to the provisions of this chapter, or
History.-s. 23, ch. 17023, 1935; s. 12, ch. 79-167. any navigation district heretofore or hereafter creat-
'Note.-Repealed by s. 12, ch. 79-167, effective upon the effective date of de- ed by special acts of the Legislature, shall act in con-
authorization of the Cross Florida Barge Canal Project by the U.S. Congress, ex-
cept for the possible effect of laws affecting this section prior to that date. junction with, but at all times under and subject to
the control and supervision of, the Division of Re-
PART III source Management.
History.-s. 1, ch. 65-502; ss. 25, 35, ch. 69-106; s. 233, ch. 81-259.
WATERWAYS DEVELOPMENT
374.77 Governing body.-
374.75 Creation of districts. (1) The affairs of the district shall be governed by
374.76 Purpose of district, five persons who shall be known as directors of the
374.761 Navigation districts subject to supervision district and who shall be the owners of real property
of division, and shall reside in the district. Their term of office
374.77 Governing body. shall be for 4 years or until their successors shall have
374.78 Powers of district directors. been appointed and qualified; provided, however,
374.79 Bond of directors. that of the directors composing the first governing
374.80 Organization of district, body, two shall serve for a term of 4 years, one shall
374.81 Issuance of bonds. serve for a term of 3 years, one shall serve for a term
374.82 Issuance of promissory notes. of 2 years, one shall serve for a term of 1 year.
374.83 Matching funds. (2) Unless such district embraces less than five
374.84 Issuance of bonds; procedure. counties not more than one director shall be from any
374.85 Election for bond issue. one county. If the district be composed of five coun-
374.86 Further elections, ties or less, each county shall have at least one mem-
374.87 Validation. ber of the governing body. The directors shall be ap-
374.88 Sale of bonds. pointed by the Governor.
374.89 Sinking fund. History.-s. 3, ch. 61-121.
374.90 Investment of funds.
374.91 Deposit of funds. 374.78 Powers of district directors.-The
374.92 Levy of taxes. district directors shall have the following powers:
374.93 Budget. (1) To sue and be sued.
374.94 Statement. (2) To adopt and use a common seal.
374.95 Construction. (3) To make and enter into contracts.
374.97 Participation in Tennessee-Tombigbee (4) To buy, sell, rent, lease, own, acquire and dis-
Waterway Development Authority. pose of real and personal property, as the directors
may deem necessary to carry out the functions of the
374.75 Creation of districts.-Whenever the district.

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1 F.S. 1981 CANAL AUTHORITY; NAVIGATION DISTS.; WATERWAYS DEV. Ch. 374

_Y (5) To employ and dismiss at pleasure all neces- canal authority of the state and said canal authority
"nt sary personnel including without limitation engi- shall be charged with the actual acquisition of the
neers, attorneys, auditors and consultants and to fix rights-of-way and the payment thereof with the
"- their compensation. funds available for that purpose.
s (6) To establish an office for the transaction of its History.-s. 7, ch. 61-121; ss. 25, 35, ch. 69-106; s. 56, ch. 79-65.
S business in some city in the district and to change the
same from time to time. 374.82 Issuance of promissory notes.-Any
S (7) To borrow money subject to the conditions district created pursuant to the provisions of this act
and limitations hereinafter set forth, shall be empowered and authorized to borrow money
(8) To execute, issue, validate and sell promissory to provide immediate funds in such amount, for peri-
S notes, warrants, bonds or other evidence of indebted- ods of time and at an interest rate to be fixed by the
ness. Division of Resource Management, and the district
(9) To pay all expenses incurred in the formation, shall issue its promissory notes therefore. Such notes
organization, administration and operation of the shall be repaid from the proceeds of the bond issue,
district and to pay all other expenses reasonably nec- unless no such bonds are issued, validated, or sold, in
essary to carry out and accomplish the purposes of which event the district shall make provisions in its
this act. initial tax levy for the raising of sufficient funds to
(10) To do all other things and perform all other repay said notes. The funds raised by the borrowing
acts hereinafter authorized or required to be done of money pursuant to this section shall be used for
whether or not included within the general powers of the purpose of paying all expenses incurred in the or-
this section. ganization of the district or incident to its formation
(11) To do any and all things necessary to accom- and to provide the district with funds for administra-
plish the purposes of this act. tion and operation until the proceeds of the bonds is-
sued by the district are available or until the pro-
Provided, however, that all acts of the directors taken ceeds of the tax levies hereinafter provided are avail-
pursuant to those above enumerated or done pursu- able.
ant to other provisions of this act shall be subject to History.-s. 8, ch. 61-121; ss. 25, 35, ch. 69-106; s. 57, ch. 79-65.
the approval of the Division of Resource Manage-
ment. 374.83 Matching funds.-The Division of Re-
History.-s. 4, ch. 61-121; ss. 25, 35, ch. 69-106; s. 54, ch. 79-65. source Management is authorized to equally match

out of state funds any moneys or funds raised by any
374.79 Bond of directors.-Each director of special taxing district now in existence or hereafter
the district before assuming office shall be required created as herein provided for the purchase or acqui-
to give a good and sufficient surety bond in the sum sition of rights-of-way for any waterway development
of $10,000 payable to the Governor and his successors project authorized by the state or federal government
in office conditioned on the faithful performance of or appropriate agency thereof.
his duties. Such bond shall be approved by the Divi- History.-s. 9, ch. 61-121; ss. 25, 35, ch. 69-106; s. 58, ch. 79-65.
sion of Resource Management. The premiums on
said bonds shall be an expense of the district. 374.84 Issuance of bonds; procedure.-The
History.-s. 5, ch. 61-121; ss. 25, 35, ch. 69-106; s. 55, ch. 79-65. bonds which the district is authorized to issue pursu-

ant to this act shall be in such denominations, be in
374.80 Organization of district.-The direc- such form, either coupon or fully registered, carry
tors shall select one of their members as chairman such registration, exchangeability, or interchange-
and they shall select a secretary who need not be a di- ability privilege, be payable in such medium or pay-
rector. The directors shall have the power to adopt, ment and at such place or places, and be subject to
alter and amend its bylaws and rules and regulations such redemptions as the district directors may pre-
governing the transaction of its business and accom- scribe and designate by resolution. Said bonds shall
plishment of its purposes, be serial bonds maturing at such time or times as set
History.-s. 6, ch. 61-121. by the Division of Resource Management. The bonds

shall be executed either by manual or facsimile signa-
374.81 Issuance of bonds.-Any district creat- ture by such officer or officers as the directors may
ed pursuant to the provisions of this act shall be em- determine, provided such bonds shall bear at least
powered to issue, validate and sell in the district's one signature which is manually executed thereon,
name negotiable bonds in an amount and for a term and coupons attached to such bonds, if any, shall
determined by the Division of Resource Management bear the facsimile signature or signatures of such offi-
bearing interest at a rate not exceeding the limit set cer or officers so designated by the directors and shall
by the division, for the purposes of retiring any out- have the seal of the district affixed.
standing promissory notes, paying the administration History.-s. 10, ch. 61-121; ss. 25, 35, ch. 69-106; s. 59, ch. 79-65.
and operation expenses of the district and for the
cost and expense of acquiring rights-of-way for the 374.85 Election for bond issue.-
waterway development project authorized to run (1) Before issuing any of such bonds, such issue
through or adjacent to the said counties comprising shall be provided for by a resolution of the district di-
the district. That portion of the proceeds from the rectors, setting forth the amount of bonds proposed
sale of said bonds by the district to be used for to be issued, the denominations and date or dates of
right-of-way acquisitions shall be turned over to the maturity thereof, the rate of interest the same are to

527










Ch. 374 CANAL AUTHORITY; NAVIGATION DISTS.; WATERWAYS DEV. F.S. 1981

bear, the time and place where said bonds and the in- majority of such freeholders shall have participated
terest thereon shall be payable, and such other terms but less than a majority of the votes cast are in favor
and conditions as authorized by this act, upon which of the issuance of said bonds, then and in either such
it is proposed to issue said bonds. Said resolution case, no such bonds shall be issued.
shall further call for and fix a date and otherwise pro- History.-s. 11, ch. 61-121; s. 2, ch. 65-60; s. 108, ch. 71-355.
vide for the holding of an election for submission to
the qualified freeholders residing in the district, for 374.86 Further elections.-In the event the is-
their approval or disapproval, of the question of the suance of said bonds is not approved by the first elec-
issuance of such bonds. Notice of such resolution and tion held, the district directors shall be authorized to
election shall be published in each county in said dis- call another election on the question of the issuance
trict once a week for 4 consecutive weeks before such of such bonds, such election to be held not sooner
election is held. The district directors shall cause to than 6 months after such first election, and further
be prepared a sufficient number of ballots to be used elections may be called and held, but not oftener
at said election, which ballots shall be in substantial- than 6 months apart.
ly the following form: History.-s. 12, ch. 61-121.

374.87 Validation.-Any bonds issued by any
OFFICIAL BALLOT district created pursuant to this act shall be validated
SPECIAL BONDING ELECTION in the same manner as is provided by general law for
(Place a crossmark (x) before the proposition of the validation of bonds of counties and municipali-
your choice) ties. Said validation proceedings shall be instituted in
FOR: Issuing District Bonds in an amount not to the circuit court in and for the most populous county
exceed the sum of bearing interest at the rate of within the district according to the latest official de-
percent per annum, the proceeds of which cennial census.
bonds, or so much thereof as may be necessary, to be History.-s. 13, ch. 61-121.
used in acquiring a right-of-way running through said
district. 374.88 Sale of bonds.-After the approval of
AGAINST: Issuing District Bonds in an amount the bonds at the elections herein provided for and the
not to exceed the sum of bearing interest at the validation of the same, the district shall forthwith
rate of percent per annum, the proceeds of sell all of said bonds or portions thereof from time to
which bonds, or so much thereof as may be necessary, time at a price of not less than 95 percent of face val-
to be used in acquiring a right-of-way running ue plus accrued interest. The manner of sale shall be
through said district, determined by the directors by resolutions subject to
(2) Such election shall be held at the several approval by the Division of Resource Management.
places in the district where the last general election History.-s. 14, ch. 61-121; ss. 25, 35, ch. 69-106; s. 60, ch. 79-65.
was held in each of the counties of the district, unless
the district directors shall otherwise direct, and said 374.89 Sinking fund.-The district directors
directors shall appoint the inspectors and clerks of shall establish and maintain a sinking fund for the
election for each of the election precincts in said dis- payment of the principal and interest on any bonds
trict. Only the freeholders who are qualified electors issued and sold by said district. Until all of said
residing in said district shall be eligible to vote in bonds have been paid in full or until there is accumu-
said election. Such election shall be conducted and late in the sinking fund sufficient funds to pay all
the canvass of the vote certified to and returned, and such bonds, the directors of the district shall deposit
the returns canvass ed substantially in the manner and pay into said sinking fund annually out of taxes
the returns canvassed substantially in the manner levied and collected by the district at least funds
and within the time prescribed by general law for equal to the amount necessary to pay the said bonds
holding bond elections, except as herein otherwise for 1 year. The sinking fund shall not be used or ap-
provided, and except that the return of said election propriated for any other purposes.
from each precinct in each of the counties in said dis- History.-s. 15, ch. 61-121.
trict shall be delivered to the chairman and secretary
of the district instead of to the county officers or offi- 374.90 Investment of funds.-Any excess
cial to whom such returns are usually made. The di- funds of the district may be invested in securities of
rectors shall hold a meeting as soon thereafter as is the United States or agency thereof.
practicable for the purpose of canvassing said elec- History.-s. 16, ch. 61-121.
tion returns and certifying the returns thereof. If a
majority of the freeholders who are qualified electors 374.91 Deposit of funds.-The funds of the
residing in said district shall have participated in district shall be deposited in a bank or banks, includ-
said election and a majority of the votes cast in said ing federal savings and loan associations, to be desig-
election are in favor of the issuance of said bonds, nated by the directors of the board; provided, the
then the district directors shall be authorized to issue bank depository shall furnish the district ample se-
and sell such bonds, in the manner as herein author- curity to protect said deposits. Withdrawal of funds
ized, in the amount specified in the resolution calling from said bank or banks shall be in such manner as
the election, and to use the proceeds as authorized in the directors may, by resolution, prescribe.
this act. If, however, a majority of the freeholders History.-s. 17, ch. 61-121.
who are qualified electors residing in said district
shall not have participated in said election, or if a 374.92 Levy of taxes.-Any district created

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F.S. 1981 CANAL AUTHORITY; NAVIGATION DISTS.; WATERWAYS DEV. Ch. 374

pursuant to the provisions of this act shall have the 374.93 Budget.-The district directors shall
power to levy, assess, collect, and enforce taxes upon each year, prior to fixing the rate of taxation for that
all the taxable real and personal property in the dis- year, prepare an itemized budget for administration
trict, subject to the following restrictions and limita- and operations, payment of principal and interest on
tons: bonds and any other expenses contemplated for the
(1) Th'e county property appraiser of each county ensuing year and submit the same to the Division of
within the district shall annually, commencing with Resource Management for its approval.
the year in which the district is created, immediately History.-s. 19, ch. 61-121; ss. 25, 35, ch. 69-106; s. 61, ch. 79-65.
upon the assessment rolls being equalized, report to
the directors of the district the assessed valuation of 374.94 Statement.-The district directors shall
the real and personal property in their respective publish annually in a newspaper published in each
counties and the Department of Revenue shall annu- county of the district a complete and detailed state-
ally, commencing with the year in which the district ment of all moneys received and disbursed by the
is created, report to the district directors the assessed district during the preceding year.
valuation of all railroad lines and property, telephone History.-s. 20, ch. 61-121.
and telegraph lines and property, and all other tax-
able property within the district over which it has ju- 374.95 Construction.-It is intended that the
risdiction for valuation and assessment purposes. provisions of this act shall be liberally construed to
The total sum of all assessments so reported shall be accomplish the purposes provided for, or intended to
the assessed value of taxable property of the district be provided for, herein, and where strict construction
for that year. would result in the defeat of the accomplishment of
(2) Upon receipt of all such assessments, the dis- any of the acts authorized herein, and a liberal con-
trict directors shall by resolution determine the total struction would permit or assist in the accomplish-
amount of money to be raised by taxation in such ment thereof, the liberal construction shall be cho-
year and shall also by the same resolution fix and de- sen
termine the rate of taxation necessary when applied History.-s. 21, ch. 61-121.
to the total assessed value of property in the district
which will raise the amount of money so determined. 374.97 Participation in Tennes-
(3) The maximum rate of taxation which the dis- see-Tombigbee Waterway Development Au-
trict may levy in any one year shall be the rate which thority.-
when applied to the total assessed value of property (1) The Governor, on behalf of the State of Flori-
in the district for that year will raise not more than da, is hereby authorized to enter into the Tennes-
the following amounts, to wit: see-Tombigbee Waterway Development Authority
(a) The amount necessary to pay the annual in- and Interstate Compact for the purpose of promoting
terest requirements on and to pay the principal of the development of a navigable interstate waterway
bonds maturing during the ensuing year, of all bonds the development of a navigable interstate waterway
of the district outstanding and unpaid, of all bonds connecting the Tombigbee and the Tennessee Rivers,

(b) The amount needed by the district directors which membership will materially assist in the devel-
for the annual administrative and operating expenses opment of Florida's waterways projects.
of the district, which amount shall not exceed the (2) The membership on this authority from Flori-
amount which would be raised by a levy of a one-fifth da shall consist of the Governor and five other citi-
mill on the dollar on the total assessed valuation of zens of the state who shall be interested in waterways
the district. development, two of whom shall be members of the
(4) The directors of the district shall immediately Department of Natural Resources designated by said
deliver to the property appraiser and tax collector of department. The department members shall serve
each county within the district and to the Depart- until a successor is nominated by the department.
ment of Revenue, and to the Division of Resource Three members shall be appointed by the Governor
Management, certified copies of the above resolution. and shall serve 4-year terms; however, the members
(5) The property appraiser of each county within of the first board so selected shall serve staggered
the district and the Department of Revenue shall terms with one member serving 2 years, one member
each year levy and assess a tax at the rate fixed by serving 3 years, and one member serving 4 years. The
the district directors by said resolution upon all of members of the authority shall not be compensated
the real and personal property in said counties and to but each shall be entitled to expenses incurred in the
include the same on the tax rolls. The county tax col- performance of his duties as a member of the author-
lector shall, each year, collect the tax levied and as- ity.
sessed in the same manner and at the same time as (3) There is hereby granted to the Governor and
state and county taxes are collected and shall remit to the members of the authority from Florida, all
the same upon collection, within the time and in the powers provided for in said compact and the mem-
manner required by law, to the district directors, bers from Florida are hereby authorized and directed
(6) The collection of the taxes levied and assessed to do all things falling within their respective juris-
pursuant to this act shall be enforced in the same dictions which are necessary or incidental to carrying
manner and at the same time as county taxes. Said out the purpose of said compact.
taxes of the district shall constitute a lien of equal (4) When the Governor shall have executed and
dignity to all other tax liens on all of the taxable entered into said authority on behalf of this state and
property within the district. when said compact shall have been ratified by the au-
SHistory.--s. 18, ch. 61-121; ss. 21, 25, 35, ch. 69-106; s. 1, ch. 77-102; s. 234, hn said compact shall have been ratified by the au-
ch. 81- 259. thority as provided in its bylaws, then this act shall
529









Ch. 374 CANAL AUTHORITY; NAVIGATION DISTS.; WATERWAYS DEV. F.S. 1981

become operative and effective as between this state ments between the states and any other state ratify-
and such other states and the Governor is hereby au- ing said compact. All documents relating to the com
thorized and directed to take such action as may be pact shall be filed with the Department of State.
necessary to complete the exchange of official docu- History.-ss. 1, 2, 3, 4, ch. 67-294; as. 10, 35, ch. 69-106; s. 106, ch. 73-333.
























































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