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HARRY
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HUGHES,
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1273
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Governor
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(C) (1) IT HAS BEEN AND SHALL CONTINUE TO BE THE POLICY OF
THIS STATE TO AUTHORIZE EACH CODE COUNTY TO SUPPLANT DISPLACE OR
LIMIT COMPETITION IN THE AREA OF PORT REGULATION TO PROVIDE FOR
SAFE HARBORS, FREE OF CONGESTION AND NAVIGATIONAL HAZARDS, TO
PROVIDE BENEFITS TO COUNTY CITIZENS BY PROTECTING MARINE LIFE AND
WILDLIFE AND TO AVOID WATER POLLUTION AND EROSION.
(2) EACH CODE COUNTY HAS THE AUTHORITY TO GRANT ONE
OR MORS FRANCHISES OR ENTER INTO CONTRACTS FOR THE PLACEMENT,
ERECTION OR CONSTRUCTION OF STRUCTURES WITHIN OR ON THE WATERS OF
THE COUNTY, INCLUDING BUT NOT LIMITED TO THE ISSUING OF LICENSES
FOR WHARVES OR PIERS OF , OR THE ISSUING OF PERMITS FOR MOORING
FILES, FLOATING WHARVES, BUOYS OR ANCHORS, NOTWITHSTANDING ANY
ANTICOMPETITIVE EFFECT
(D) (1) IT HAS BEEN AND SHALL CONTINUE TO BE THE POLICY OF
THE STATE TO AUTHORISE EACH CODE COUNTY TO SUPPLANT DISPLACE OR
LIMIT COMPETITION IN THE AWARD OF CONCESSIONS ON, OVER OR UNDER
PROPERTY OWNED OR LEASED BY THE COUNTY AND IN THE LEASING OR
SUBLEASING OF PROPERTY OWNED OR LEASED BY THE COUNTY IN ORDER TO
UTILIZE PROPERLY THE ASSETS OF THE COUNTY FOR THE BEST PUBLIC
PURPOSE; TO PROVIDE NECESSARY OR DESIRABLE GOVERNMENTAL SERVICES
AT THE LOWEST POSSIBLE COST; TO PROTECT THE PUBLIC FROM
UNSCRUPULOUS BUSINESS PRACTICES AND EXCESSIVE PRICES; TO PROVIDE
FOR THE ACCESSIBILITY TO PUBLIC PROPERTY BY AS MANY CITIZENS AS
POSSIBLE; AND TO PROMOTE THE GENERAL WELFARE BY UTILIZING PUBLIC
PROPERTY FOR THE BENEFIT OF THE CITIZENS OF THE COMMUNITY.
(2) EACH CODE COUNTY HAS THE AUTHORITY TO SUPPLANT
DISPLACE OR LIMIT COMPETITION BY GRANTING ONE OR MORE FRANCHISES
FOR ANY CONCESSION ON, OVER OR UNDER PROPERTY OWNED OR LEASED BY
THE COUNTY ON AN EXCLUSIVE OR NONEXCLUSIVE BASIS, TO CONTROL
PRICES AND RATES FOR SUCH FRANCHISES; AND TO ESTABLISH RULES AND
REGULATIONS TO GOVERN THE OPERATION OF THE FRANCHISES AND FOR THE
ENFORCEMENT THEREOF; AND TO LEASE OR SUBLEASE PUBLICLY OWNED OR
LEASED LAND IMPROVEMENTS TO LAND OR BOTH ON TERMS TO BE
DETERMINED BY THE COUNTY OR COUNTIES WITHOUT REGARD TO ANY
ANTICOMPETITIVE EFFECT.
(E) THE POWERS GRANTED BY TO ANY COUNTY PURSUANT TO THIS
SECTION SHALL NOT BE CONSTRUED:
(1) TO GRANT TO SUCH COUNTY POWERS IN ANY SUBSTANTIVE
AREA NOT OTHERWISE GRANTED TO SUCH COUNTY BY OTHER PUBLIC GENERAL
OR PUBLIC LOCAL LAW;
(2) TO RESTRICT SUCH COUNTY FROM EXERCISING ANY POWER
GRANTED TO SUCH COUNTY BY OTHER PUBLIC GENERAL OR PUBLIC LOCAL
LAW OR OTHERWISE; NOR
(3) TO AUTHORIZE SUCH COUNTY OR ITS OFFICERS TO
ENGAGE IN ANY ACTIVITY WHICH IS BEYOND THEIR POWER UNDER OTHER
PUBLIC GENERAL LAW, PUBLIC LOCAL LAW, OR OTHERWISE .; OR
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