Did Florida's 1996 harbor-master amendment repeal Port St. Joe's special act?

Plain-English summary

The Attorney General's office declined to issue a formal opinion because the request did not make clear what official duties the St. Joe Port Authority had concerning the harbor master.

As informal assistance, the letter said the 1996 amendment abolished harbor-master offices created under Chapters 313 and 314 in specified localities, but the legislative history did not indicate an intent to repeal special acts that separately provided for harbor masters.

Currency note

This opinion was issued in 2008. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Historical audience context

Port authorities and municipal lawyers

The letter offered only informal observations. It distinguished state-law harbor-master appointments from offices created or controlled by special act.

Legislators and researchers

The cited committee analysis described the amendment as resolving conflicts between gubernatorial appointments under Chapter 313 and local appointment systems under special acts.

Common questions

Q: Did the AG formally decide whether the Port St. Joe act remained effective?
A: No. The office expressly declined a formal opinion.

Q: What informal conclusion did the letter offer?
A: It said the legislative history did not show an intent to repeal special acts providing for harbor masters.

Background and statutory framework

The request concerned Chapter 21265, 1941 Laws of Florida and the 1996 amendment to section 313.01(2), Florida Statutes. The amendment abolished specified harbor-master offices where port authorities had been created by special act or ordinance.

Citations and references

• section 313.01(2), Florida Statutes
• Chapter 21265, 1941 Laws of Florida

Source

• Landing page: https://www.myfloridalegal.com/ag-opinions/port-st-joe-harbor-master-special-act
• Official print view: https://www.myfloridalegal.com/print/pdf/node/8251

Original opinion text

Mr. Thomas S. Gibson

Attorney for the St. Joe Port Authority

Post Office Box 39

Port St. Joe, Florida 32457

Dear Mr. Gibson:

On behalf of the St. Joe Port Authority, you ask whether Chapter 21265, 1941 Laws of Florida, is still effective in light of the amendment of section 313.01(2), Florida Statutes, in 1996. As amended, the statute provides:

"In all counties having a population of more than 300,000, according to the last official census, or in counties or municipalities where port authorities have been created by special act or ordinance, the office and position of harbormaster as provided in this chapter and chapter 314, is abolished."

It is not clear from your letter, what authority the port authority has over the harbor master. The Attorney General is statutorily authorized to issue opinions to public officials on questions relating to their own official duties. This office is not authorized to comment upon the duties of one public official on the request of another public official or agency. Accordingly, this office must decline to formally comment upon this matter.

In an effort to be of assistance, however, I would generally note that the express language of section 313.01(2), Florida Statutes, abolishes the office and position of harbor master as provided in Chapter 313 and Chapter 314 in counties or municipalities where port authorities have been created by special act or ordinance. In addition, the staff analysis for the 1996 amendment to section 313.01(2), Florida Statutes, states:

"Amendment 4 abolishes the position and office of harbor master as provided in chapters 313 and 314, F.S., in certain local governments where port authorities have been created by special act. . . . This amendment is intended to eliminate a conflict in law related to the appointment of harbor masters in certain counties. In some instances, special acts control the appointment while in other instances, chapter 313, Florida Statutes, allows the Governor to appoint the harbor master."[1]

The amendment sponsor, Representative Minton, in explaining the amendment before the House of Representatives Committee on Finance and Taxation, stated:

"This corrects a glitch in the statutes; the language of the amendment eliminates a current conflict in law with respect to [unintelligible] harbor masters in counties of less than 300,000 population. St Lucie County a special act authorizes the port airport authority to appoint the harbor master for the Port of St. Pierce. The City of Key West has a similar process. Chapter 313 currently allows the Governor to appoint the harbor master in St. Lucie County. This language would abolish the office and position of harbor master described in chapter 313 and appointed by the Governor, thereby eliminating the conflict."[2]

Thus, the legislative history records do not indicate an intent to repeal special acts providing for harbor masters.

I hope that the above informal comments may be of assistance. Thank you for contacting the Attorney General's Office.

Sincerely,

Joslyn Wilson

Assistant Attorney General

JW/t

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[1] House of Representatives Bill Analysis & Economic Impact Statement on House Bill 1177, as revised by the committee on Finance and Taxation, dated March 5, 1996. See generally State, Department of Environmental Regulation v. SCM Glidco Organics Corporation, 606 So. 2d 722 (Fla. 1st DCA 1992); Asphalt Pavers, Inc. v. Department of Revenue, 584 So. 2d 55 (Fla. 1st DCA 1991) (legislative staff analyses are admissible as aid in ascertaining legislative intent).

[2] Tape 1, House Committee on Finance and Taxation, March 5, 1996, Series 414, Box 1121, State Archives of Florida.