CODING: Words stricken are deletions; words underlined are additions.





                                                   HOUSE AMENDMENT

                                                  Bill No. HB 3959

    Amendment No. 01 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 2                                 .
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 3                                 .
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 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  The Committee on Community Affairs offered the following:

12

13         Amendment 

14  Remove from the bill:  Everything after the enacting clause

15

16  and insert in lieu thereof:

17         Section 1.  Chapters 57-1658, 61-2599, 67-1834,

18  69-1389, 75-464, 77-612, 78-578, 80-553, 80-554, 82-347,

19  87-555, 88-474, 91-369, 91-391, s. 14 of chapter 71-133, and

20  s. 9 of chapter 92-152, Laws of Florida, are codified,

21  reenacted, amended, and repealed as herein provided.

22         Section 2.  The Greater Orlando Aviation Authority Act

23  is recreated and reenacted to read:

24         Section 1.  SHORT TITLE.--This act shall be known and

25  may be cited as the "Greater Orlando Aviation Authority Act"

26  and shall hereinafter be referred to as the "act."

27         Section 2.  DEFINITIONS.--As used in this act, the

28  following words and terms shall have the following meanings:

29         (1)  "City" shall mean the City of Orlando, a municipal

30  corporation in Orange County, State of Florida.

31         (2)  "City council" or "council" shall mean the City

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 3959

    Amendment No. 01 (for drafter's use only)





 1  Council of the City of Orlando or the board or body in which

 2  the general legislative powers of the city shall be vested.

 3         (3)  "Aviation authority" or "authority" shall mean the

 4  Greater Orlando Aviation Authority, hereinafter created, or if

 5  said authority shall be abolished, the board of commission

 6  succeeding to the principal functions thereof or upon whom the

 7  powers given by this act to said authority shall be given by

 8  law.

 9         (4)  "Project" shall mean any one or more, or any

10  combination of two or more, of the following, or planning for

11  the same:

12         (a)  Any area of land or water, or easement or other

13  interest therein, which is used or intended for use for the

14  take-off, landing, taxiing, parking or storing of aircraft, or

15  for the transportation by air of persons and things, or for

16  the location of any and all buildings, structures,

17  appurtenances, machinery, equipment, and all other types of

18  property and facilities related thereto, such as, but not

19  limited to, landing fields, heliports, runways, taxiways,

20  hangars, aircraft parking aprons, shops, offices, aircraft and

21  air passenger terminal buildings and structures.

22         (b)  Areas of land or water, and easements above, on,

23  or under the surface thereof, used or intended for use for

24  over-flight, for noise abatement or noise buffers, for clear

25  zones, or for side transition zones.

26         (c)  The fee simple interest in any area of land or

27  water, or any easement or other interest therein, above, on,

28  or under the surface thereof, used or intended to be used for

29  the full or partial satisfaction of environmental mitigation

30  requirements imposed by any federal, state, county, or

31  municipal government or agency thereof as a condition of

                                  2

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 3959

    Amendment No. 01 (for drafter's use only)





 1  approving the acquisition, construction, expansion or

 2  operation of a project, as defined in paragraphs (a), (b),

 3  (d), (e), or (f), whether or not such area is located within

 4  the boundaries of the city or is on or contiguous to property

 5  in which the authority or the city has a preexisting ownership

 6  interest.

 7         (d)  Other structures, improvements, and buildings of

 8  all types used or useful for the convenience of the public or

 9  for commercial or general aviation activities, located on the

10  property of the authority, such as, but not limited to,

11  restaurants, hotels, motels, exhibition halls, convention

12  facilities, automotive parking facilities, retail stores,

13  aircraft fueling systems, automotive service centers, cargo

14  buildings, warehouses, industrial developments, kitchen

15  facilities, drainage systems, utilities systems, roadways,

16  automobile and aircraft bridges, and surface transportation

17  terminals and facilities.

18         (e)  Beacons, markers, communications systems, and all

19  navigation facilities for use in aid of air navigation.

20         (f)  Any and all other improvements or facilities

21  which, in the judgment of the authority, are necessary, useful

22  or desirable to serve the occupants, passengers, users,

23  employees, operators, airlines, or lessees of any portion of

24  the property or facilities of the authority, or which are

25  otherwise deemed by the authority to be in the public

26  interest, including, but not limited to, such facilities as

27  may be necessary, used, useful, or intended for use: for the

28  handling, parking, storing, display, sale or servicing of

29  aircraft, either private or commercial; for the accommodation

30  of persons and the handling of freight, mail, and other items

31  transported by air; for the furnishing and supplying of goods,

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 3959

    Amendment No. 01 (for drafter's use only)





 1  commodities, services, things and facilities that are deemed

 2  by the authority to be appropriate for the safety or

 3  convenience of the traveling public or of the operators of

 4  aircraft, or otherwise in the public interest; and in or for

 5  the equipping, operation, and maintenance of any of the

 6  projects of the authority.

 7         (5)  "Improvements" shall mean any repairs,

 8  replacements, additions, extensions, enlargements or

 9  betterments of and to a project as the authority deems

10  necessary to place or to maintain such project in proper

11  condition for the safe, efficient and economic operation

12  thereof.

13         (6)  "Cost" as applied to improvements shall mean the

14  cost of constructing or acquiring improvements as hereinabove

15  defined and shall embrace the cost of all labor and materials,

16  the cost of all machinery and equipment, financing charges,

17  cost of engineering and legal expenses, plans, specifications,

18  and such other expenses as may be necessary or incident to

19  such construction or acquisition.

20         (7)  "Cost" as applied to a project acquired,

21  constructed, extended or enlarged shall include the purchase

22  price of any project acquired, the cost of improvements, the

23  cost of such construction, extension or enlargement, the cost

24  of all lands, properties, rights, easements and franchises

25  acquired, the cost of all machinery and equipment, financing

26  charges, cost of investigations and audits and of engineering

27  and legal services, and all other expenses necessary or

28  incident to determining the feasibility or practicability of

29  such acquisition or construction, administrative expense and

30  such other expenses as may be necessary or incident to the

31  financing herein authorized and to the acquisition or

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 3959

    Amendment No. 01 (for drafter's use only)





 1  construction of a project and the placing of the same in

 2  operation. Any obligation or expense incurred by the city or

 3  by the authority prior to the conveyance of a project by the

 4  city to the authority under this act, or prior to the issuance

 5  of revenue bonds under the provisions of this act, for

 6  engineering studies and for estimates of cost and of revenues

 7  and for other technical, financial or legal services in

 8  connection with the acquisition or construction of any

 9  project, may be regarded as a part of the cost of such

10  project.

11         Section 3.  GREATER ORLANDO AVIATION AUTHORITY.--

12         (1)  There is hereby created a board or commission to

13  be known as the "Greater Orlando Aviation Authority," and by

14  that name the authority may sue and be sued, plead and be

15  impleaded, contract and be contracted with, and have an

16  official seal. The authority is hereby constituted an agency

17  of the city, and exercise by the authority of the powers

18  conferred by this act shall be deemed and held to be an

19  essential municipal function of the city. For the purposes of

20  the applicable requirements of s. 189.404, Florida Statutes,

21  the authority shall be categorized as an independent special

22  district. The authority shall consist of seven members who

23  shall be elected or appointed as follows: one member shall be

24  an incumbent member of the City Council, who may be the

25  mayor-commissioner or any other commissioner elected by a

26  majority vote of such council; one member shall be an

27  incumbent member of the Board of County Commissioners of

28  Orange County, Florida, who may be the chairman or any other

29  commissioner elected by a majority vote of such commission;

30  and five members shall be appointed by the Governor, subject

31  to confirmation by the Senate. Three members appointed by the

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 3959

    Amendment No. 01 (for drafter's use only)





 1  Governor shall be residents and electors of Orange County,

 2  Florida; one member appointed by the Governor shall be a

 3  resident and elector of Osceola County, Florida, effective

 4  April, 1992; and, one member appointed by the Governor shall

 5  be a resident and elector of Orange County, Florida, or

 6  Seminole County, Florida. All seven members shall be entitled

 7  to an equal voice and vote on all matters relating to the

 8  authority and its business. Two of the five appointed members

 9  initially appointed by the Governor shall be appointed for a

10  term of 2 years and three members shall be appointed for a

11  term of 4 years, the term of each member so appointed to be

12  designated by the Governor at the time of the appointment. All

13  subsequent appointments shall be for a term of 4 years. The

14  member of the city council and the member of the county

15  commission shall be elected for terms of 2 years each;

16  provided, however, that any such commissioner's term shall end

17  at such time as he may cease to be a city or county

18  commissioner, at which time a successor or successors shall be

19  elected for any unexpired term. The terms of all members shall

20  end at the expiration of their terms or as otherwise specified

21  herein.

22         (2)  Each appointed member of the authority shall be a

23  person of integrity, responsibility and business ability, who

24  is competent and knowledgeable in one or more fields which

25  include, but are not limited to, public affairs, law,

26  economics, accounting, engineering, finance, natural resource

27  conservation, energy, or another field substantially related

28  to the duties and functions of the authority. The authority

29  shall fairly represent the above stated fields and function on

30  a nonpartisan basis. It is desirable, but not essential, that

31  one or more appointed members be experienced in some

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 3959

    Amendment No. 01 (for drafter's use only)





 1  aviation-related field. No person then employed by the city or

 2  by Orange County shall be appointed as a member of the

 3  authority. No person then transacting business with the

 4  authority or who can be reasonably expected to transact

 5  business with the authority, either for himself or as an

 6  employee of, agent for, or consultant to any other person or

 7  legal entity, shall be appointed as a member of the authority.

 8  The initial appointment and election of members hereunder

 9  shall be accomplished by the Governor, the city council and

10  the Orange County Board of County Commissioners within 30 days

11  after the effective date of this act, and the terms of all

12  then present members shall expire, effective the date of said

13  appointments and elections.

14         (3)  At least 30 days prior to the date of expiration

15  of the term of any member of the authority, or within 30 days

16  after the creation of any vacancy in the membership of the

17  authority resulting from the death, resignation, change of

18  residence, or removal of any such member or from any other

19  cause, the successor of such member shall be appointed or

20  elected in the same manner as his predecessor. Any appointed

21  member of the authority shall be eligible for reappointment;

22  provided, that no appointed member shall serve more than two

23  consecutive terms or eight consecutive years, whichever is the

24  greater. Subject to the foregoing provisions, the successor in

25  each case, except the representative of the city council and

26  the representative of the board of county commissioners, shall

27  be appointed and shall hold office for a term of 4 years from

28  the date of expiration of the term of this predecessor. Any

29  person appointed or elected to fill a vacancy shall serve only

30  for the unexpired portion of the term. Notwithstanding any

31  other provision of this act, any appointed member of the

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 3959

    Amendment No. 01 (for drafter's use only)





 1  authority shall serve until his successor shall have been

 2  appointed and shall have taken office, except in the case of

 3  any such member who has been suspended or removed during his

 4  term.

 5         (4)  The authority shall elect one of its members as

 6  its chairman. The chairman shall be elected for a term of 2

 7  years. If the elected chairman shall cease to be a member of

 8  the authority, or shall for any reason not serve as a

 9  chairman, a successor shall be elected for the unexpired

10  portion of his term. No person shall serve more than four

11  consecutive terms as chairman or 8 consecutive years,

12  whichever is greater. The authority may also elect a

13  secretary, who may or may not be a member of the authority.

14  The secretary shall hold office at the will of the authority.

15  The Director of Finance of the city, or any other person

16  elected by the authority and approved by the city council,

17  shall be the treasurer of the authority. Four members of the

18  authority shall constitute a quorum and the vote of four

19  members shall be necessary for any action taken by the

20  authority. No vacancy in the authority shall impair the right

21  of a quorum of the authority to exercise all of the rights and

22  perform all of the duties of the authority.

23         (5)  Upon the effective date of his appointment, or as

24  soon thereafter as practicable, each appointed member of the

25  authority shall enter upon his duties, but before doing so, he

26  shall take an oath to faithfully perform the duties of his

27  office and file the same with the city clerk, and shall

28  execute a bond in the penal sum of $10,000 payable to the city

29  and conditioned upon the faithful performance of the duties of

30  his office, which bond shall be approved by the city council

31  and filed with the city clerk, the cost of the premium on any

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 3959

    Amendment No. 01 (for drafter's use only)





 1  such bonds to be treated as part of the cost of operation.

 2         (6)  The members of the authority shall serve without

 3  compensation; provided, that they shall be reimbursed by the

 4  authority for their reasonable out-of-pocket, travel, and per

 5  diem expenses incurred in attending meetings of or on behalf

 6  of the authority, or otherwise in engaging in the business of

 7  the authority. The secretary shall receive such salary as may

 8  be fixed by the authority, or, in case such officer shall be a

 9  member of the authority, he shall receive such salary for his

10  services as such officer as may be fixed by the authority with

11  the approval of the city council.

12         (7)  The county commission member and any appointed

13  member may be suspended from office by the Governor, and the

14  city council member may be removed from office by majority

15  vote of the members of the city council, for good cause

16  affecting his ability to perform his duties as a member, for

17  misfeasance, malfeasance or nonfeasance in office, or for

18  violating the conflict of interest provisions of this act. A

19  county commission member, or an appointed member, who is

20  suspended by the Governor may be removed from office by

21  majority vote of the Senate, but only after a hearing at which

22  such member is given the right to present evidence in his own

23  behalf and only upon a finding by majority vote of the members

24  of the Senate that good cause for removal affecting the

25  member's ability to perform his duties as a member exists,

26  that he was guilty of misfeasance, malfeasance or nonfeasance

27  in office, or that he violated the conflict of interest

28  provisions of this act.

29         Section 4.  CONTROL OF EXISTING FACILITIES.--No

30  existing projects, as hereinabove defined and now owned or

31  controlled by the city, shall be under the jurisdiction,

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 3959

    Amendment No. 01 (for drafter's use only)





 1  control or supervision of the authority unless and until the

 2  city council shall so direct by resolution at such time as the

 3  council shall determine that the authority has been organized

 4  and is operating in such manner as to make control of such

 5  projects by the authority appropriate, desirable and feasible

 6  from the standpoint of efficiency of administration,

 7  regulation and financing. Such resolution may also provide and

 8  contain such restrictions, limitations, qualifications and

 9  regulations as the city council may fix and determine as

10  necessary in the public interest. In the event the city

11  council shall so direct by resolution, all contracts, books,

12  maps, plans, papers and records of whatever description

13  pertaining to any such project shall be assigned and

14  transferred to the authority. All revenues of such projects

15  shall thereafter be collected by the authority and shall be

16  applied as provided in this act, subject to any prior pledges

17  of such revenues.

18         Section 5.  CONSTRUCTION OF NEW PROJECTS.--It shall be

19  the duty of the authority to make or cause to be made such

20  surveys, investigations, studies, borings, maps, plans,

21  drawings and estimates of costs, traffic, and revenues as it

22  may deem necessary, and to thereafter prepare and adopt a

23  comprehensive plan for the construction, development and

24  improvement of any and all projects of the authority, and for

25  the construction, development and improvement of facilities

26  within Orange County, Florida, for handling air passengers,

27  mail, express and freight, and for handling general aviation

28  and commercial aircraft. Such comprehensive plan may be

29  extended, modified or changed by the authority from time to

30  time. The authority is hereby authorized and empowered,

31  whenever it shall deem such action feasible and practicable,

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 3959

    Amendment No. 01 (for drafter's use only)





 1  to acquire, construct, extend or enlarge any project, as

 2  hereinabove defined. The cost of any such surveys,

 3  investigations, plans, and estimates, and of any such

 4  acquisition, construction, extension or enlargement shall be

 5  paid, in whole or in part, from the proceeds of revenue bonds

 6  issued under the provisions of this act, from revenues of

 7  projects of the authority, or from any other funds legally

 8  available for such purposes. The authority shall employ

 9  procedures for the design and construction of new permanent

10  facilities or major additions to existing facilities, that

11  will include, but not be limited to, the latest developments

12  in construction techniques, materials, design and concepts.

13  The authority may employ contract management and project

14  management methods of design and construction. The following

15  concepts may be included in the construction procedures used

16  by the authority:

17         (1)  Fast-track construction scheduling.--A method

18  which involves the bidding and awarding of certain building

19  subsystems after approval of preliminary design, and before

20  final document completion. Fast-track construction reduces

21  construction time by permitting early subsystems manufacture

22  and erection; it can improve cost and price control and

23  eliminate extensive design development time by planners and

24  designers.

25         (2)  Construction and project management.--A process

26  whereby a single or highly coordinated authority is

27  responsible for all scheduling and coordination in both design

28  and construction phases and is generally responsible for the

29  successful, timely and economical completion of the

30  construction project.

31         (3)  Design and build bidding.--A procedure which

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 3959

    Amendment No. 01 (for drafter's use only)





 1  requires that an architect, contractor, or engineer bid the

 2  entire design and construction of a project and which requires

 3  that the owner hire a single source for the project completion

 4  and be responsible for the development of performance

 5  specifications and technical criteria.

 6         Section 6.  EXPENDITURE OF FUNDS FOR PRELIMINARY

 7  ACTS.--The City and the County Commissioners of Orange County

 8  are hereby authorized to borrow, expend and appropriate funds

 9  for use of the authority in carrying out the provisions of

10  this act, particularly, but not limited to, the provisions of

11  section 5 of this act, prior to such time as revenue-producing

12  projects or facilities are created or obtained as provided by

13  this act. Such expenditures of funds by the city or county are

14  hereby deemed and determined to be for a public purpose for

15  the benefit of the general welfare of the citizens of the city

16  and county.

17         Section 7.  CONVEYANCE OF SUBMERGED LANDS.--The

18  authority is hereby authorized and empowered to make

19  application, from time to time, to the Board of Trustees of

20  the Internal Improvement Fund of the State of Florida for

21  conveyance of all of the right, title and interest of the

22  state in and to such submerged or partly submerged lands as

23  the authority may deem necessary to carry out the purposes of

24  this act, and said board of trustees are authorized to make

25  such conveyances to the city, upon such consideration as they

26  may deem proper, of all or any part of such submerged or

27  partly submerged lands as they may find to be necessary to

28  carry out the purposes of this act; provided, however, that

29  said board of trustees shall in any such conveyance make

30  adequate provisions for the protection of the interests of the

31  State School Fund in any of said lands, and no conveyance of

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 3959

    Amendment No. 01 (for drafter's use only)





 1  same shall be made except upon such conditions that the

 2  interests of the State School Fund shall be fully protected.

 3         Section 8.  PURPOSES; POWERS OF AUTHORITY.--The

 4  purposes of this act are to create an aviation authority in

 5  Orange County, Florida, and through it to provide a means to

 6  serve the public interest through the coordination of the

 7  planning, financing, construction, and operation of aviation

 8  facilities of the authority to the end that: adequate public

 9  air navigation and transportation facilities are provided;

10  that safe and efficient air commerce is promoted; that

11  aviation projects of the authority are correlated with

12  aviation projects operated by others within this region, this

13  state, and this nation; that orderly and proper use and

14  development of public airports within Orange County will occur

15  as required to develop the potential of Orange County as an

16  air trade center and to support and enhance economic

17  development therein, and that projects of the authority will

18  be included in national and international programs for air

19  transportation relating to general aviation and commercial air

20  transport of passengers and cargo. The authority shall have

21  all of the powers which are necessary to carry out the

22  purposes of this act. Without in any manner limiting or

23  restricting such general powers, the authority shall have

24  power:

25         (1)  To construct, acquire, establish, improve, extend,

26  enlarge, reconstruct, equip, maintain, repair and operate any

27  project, as hereinabove defined, either within or without or

28  partly within and partly without the territorial boundaries of

29  the city.

30         (2)  To issue revenue bonds of the city, payable solely

31  from revenues, to pay all or a part of the cost of such

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 3959

    Amendment No. 01 (for drafter's use only)





 1  acquisition, construction, extension or enlargement.

 2         (3)  To fix, regulate and collect rates and charges for

 3  the services and facilities furnished by any project under its

 4  control, and to pledge the revenues of any such project to the

 5  payment of revenue bonds issued under the provisions of this

 6  act.

 7         (4)  To make rules and regulations for its own

 8  government and procedure; provided, however, that it shall

 9  hold a regular meeting at least once a month and such special

10  meetings as it may deem necessary, and all such meetings shall

11  be open to the public.

12         (5)  To operate, manage and control all projects placed

13  under its control by the provisions of section 4 of this act

14  and all projects, as hereinabove defined, hereafter acquired

15  or constructed under the provisions of this act.

16         (6)  To acquire in the name of the authority, either by

17  purchase or the exercise of the right of eminent domain within

18  the territorial limits of Orange County, Florida, such lands,

19  including submerged and partly submerged land, in fee simple

20  or any lesser interest or easement, and improvements thereto,

21  and to acquire such personal property, as it may deem

22  necessary either for the construction of any project or for

23  the efficient operation or for the extension of any project

24  acquired or constructed or to be constructed under the

25  provisions of this act, including, without limitation, the

26  elimination of airport hazards and the full or partial

27  satisfaction of environmental mitigation requirements of any

28  federal, state, county, or municipal government or other

29  agency thereof, and to hold, lease, and dispose of all real

30  and personal property under its control; provided that any

31  real estate or interest therein proposed to be purchased,

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 3959

    Amendment No. 01 (for drafter's use only)





 1  acquired, or sold by the authority shall first be approved by

 2  resolution of the city council; and further provided that the

 3  granting of any lease or franchise for a term in excess of 10

 4  years shall first be approved by resolution of the city

 5  council.

 6         (7)  To appoint, fix the compensation of, and make

 7  provision for the discharge of an executive director who,

 8  under the supervision of the authority, shall be responsible

 9  for the operation, management and promotion of all activities

10  with which the authority is charged under this act, together

11  with such other duties as may be prescribed by the authority,

12  and shall have such powers as are incident to the performance

13  of his duties and such others as may be prescribed by the

14  authority. The authority may also employ such other officers,

15  agents, and employees under such terms and conditions as it

16  shall consider necessary and appropriate to effectuate its

17  purposes under this act.

18         (8)  To make and enter into all contracts and

19  agreements necessary or incidental to the performance of its

20  duties and the execution of its powers under this act, and to

21  employ consulting engineers, architects, superintendents,

22  managers, aviation consultants, accountants, and attorneys,

23  and such other consultants and advisors as may be necessary in

24  its judgment to accomplish the purposes of this act, and to

25  fix their compensation; provided, however, that all such

26  expenses shall be paid solely from the proceeds of revenue

27  bonds issued under the provisions of this act, or from

28  revenues of projects of the authority, or from any other funds

29  legally available for such purposes.

30         (9)  To make application directly or indirectly to any

31  federal, state, county or municipal government or agency or to

                                  15

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 3959

    Amendment No. 01 (for drafter's use only)





 1  any other source, public or private, for loans, grants,

 2  guarantees or other financial assistance in aid of projects of

 3  the authority, and to accept and use the same upon such terms

 4  and conditions as are prescribed by the federal, state, county

 5  or municipal government or agency or other source.

 6         (10)  To enter into agreements with the state, any

 7  subdivision or department thereof, or any county or

 8  municipality or the Federal Government or any agency thereof

 9  to use the facilities or the services of the state or such

10  subdivision or department, or such county or municipality or

11  the Federal Government or any agency thereof, as necessary or

12  desirable to accomplish the purposes of this act; or to allow

13  any of such agencies to utilize the facilities or the services

14  of the authority as necessary or desirable to accomplish the

15  purposes of this act.

16         (11)  Subject to such provisions and restrictions as

17  may be set forth in the resolution or in the trust agreement

18  hereinafter mentioned authorizing or securing the revenue

19  bonds issued under the provisions of this act, to have

20  exclusive control of the revenues derived from each project

21  under its control, and of the expenditures thereof, except as

22  otherwise provided herein.

23         (12)  To adopt and enforce in the courts of this state

24  reasonable rules and regulations for the orderly, safe,

25  efficient, and sanitary operation and use of projects and

26  facilities owned by it or under its control; provided, that no

27  such rule or regulation shall be adopted which, in the

28  judgment of the authority, will directly affect the traveling

29  public as a class, except subsequent to a public hearing which

30  shall be advertised twice in a newspaper of general

31  circulation in Orange County, Florida, the first publication

                                  16

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 3959

    Amendment No. 01 (for drafter's use only)





 1  to occur not more than 14 days and the second such publication

 2  to occur not less than 4 days, prior to the proposed adoption

 3  thereof.

 4         (13)  Subject to the provisions of subsection (6) of

 5  this section, to enter into exclusive or nonexclusive

 6  contracts, leases, franchises, or other arrangements with any

 7  person or persons for terms not exceeding 50 years, granting

 8  the privilege of using or improving any project of the

 9  authority, or any portion thereof or space therein for

10  commercial purposes; conferring the privilege of supplying

11  goods, commodities, things, services or facilities at such

12  project or projects; or making available services to be

13  furnished by the authority or its agents at such project; and

14  to establish the terms and conditions and fix the charges,

15  rentals, or fees for such privileges or services so long as

16  such fee or charges shall not conflict with any applicable

17  rules and regulations of the Public Service Commission.

18         (14)  To enter into contracts, leases, or other

19  agreements with federally certificated air carriers, other

20  commercial air carriers and other commercial users of its

21  projects, for the use of such projects, under such terms and

22  conditions as it deems appropriate and for such charges,

23  rentals and fees as it deems appropriate; and to enter into

24  any contracts, leases or other agreements, set any tolls,

25  fees, or other charges for the use of its property or

26  services, and collect and use same as necessary to operate the

27  projects under its control and to accomplish any purposes of

28  this act.

29         (15)  To contract with any persons, firms, or public or

30  private corporations to supply goods, commodities, facilities,

31  and services to the public, employees of the authority and

                                  17

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 3959

    Amendment No. 01 (for drafter's use only)





 1  employees of air carriers and other commercial interests

 2  located at any project under its control under such terms and

 3  conditions as it deems appropriate.

 4         (16)(a)  Subject to the provisions of subsection (6) of

 5  this section, to acquire land or other real or personal

 6  property within the territorial limits of Orange County,

 7  Florida, by purchase, lease, gift, devise, bequest, exchange

 8  or in any other manner, including, but not limited to,

 9  proceedings in the name of the authority, by eminent domain;

10  and the authority shall have the power to purchase or obtain

11  options, contracts or other rights to acquire land or other

12  real or personal property, provided that such options,

13  contracts or other rights shall be for a reasonable period of

14  time and for a consideration not in excess of 5 percent of the

15  purchase price specified upon the exercise of such options,

16  contracts, or other rights, unless prior approval of the city

17  council shall have been obtained.

18         (b)  Subject to the provisions of subsection (6) of

19  this section, the authority shall have the power to sell and

20  dispose of any lands, structures, facilities or other property

21  acquired under this act, when it shall determine that such

22  lands, structures, facilities or other property are no longer

23  needed for carrying out the purposes of this act; provided,

24  however, that such sale shall be for a fair and reasonable

25  consideration; and further provided that the authority, with

26  the prior approval of the city council, may sell, or give the

27  right of use of its property to the city or other public body

28  without consideration or for less than a full and adequate

29  consideration; and the subject matter of any such sale or

30  disposal of property may be subjected by the authority to

31  reasonable restrictions for the preservation and protection of

                                  18

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 3959

    Amendment No. 01 (for drafter's use only)





 1  any other property held or controlled by said authority. In

 2  carrying out the purposes of this act, the authority may lease

 3  or rent any part or portion of land, structure, or facility of

 4  the authority to such private persons, corporations,

 5  partnerships, or public corporations or agencies or other

 6  legal entity, public or private, for use of such property by

 7  such lessee as the authority shall determine is in the best

 8  interests of the public in furthering the purposes of this

 9  act; provided, however, that such lease or other right to use

10  thereof shall be for any term of years not to exceed 50 years.

11         (17)  To make any and all applications required by the

12  United States Treasury Department and other departments or

13  agencies of the United States Government or of this state as a

14  condition precedent to the establishment within Orange County

15  of a free port or area for the reception from foreign

16  countries of articles of commerce and the handling, processing

17  and delivery thereof into foreign commerce free from the

18  payment of custom duties, and to enter into any agreements

19  required by such departments or agencies in connection

20  therewith and to make like applications and agreements with

21  respect to the establishment within said county of one or more

22  bonded warehouses.

23         (18)  With the express prior approval by ordinance of

24  the city council,

25         (a)  To employ and constitute its own airport guards or

26  police officers, or to contract with the city or any other

27  agency of the state or Orange County to provide law

28  enforcement services and protection through its duly sworn

29  officers, and all such officers shall have full power of

30  arrest to prevent or abate the commission of any offense

31  against the ordinances of the city, the laws of this state, or

                                  19

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 3959

    Amendment No. 01 (for drafter's use only)





 1  the laws of the United States, when any such offense or

 2  threatened offense occurs upon any lands or project owned by

 3  or under the control of the authority.

 4         (b)  To provide its own fire protection, crash and

 5  rescue services or to arrange for such services with any

 6  federal, state, municipal or county agency or any private firm

 7  in the business of providing such services.

 8         (19)  To acquire by agreement, and not through the

 9  exercise of eminent domain, any aviation projects of the city,

10  or, with the prior approval of the city council, any other

11  aviation projects situate within Orange County, whether

12  publicly or privately owned; provided, that upon conveyance of

13  any such aviation project to the authority, all contracts,

14  commitments, leases and any other obligations then outstanding

15  with respect to such aviation project shall be transferred to

16  and assumed by the authority. The Board of County

17  Commissioners of Orange County and any municipality or other

18  public body of the state having an interest in an aviation

19  project situate in Orange County are hereby authorized to

20  convey their interests in any such aviation project to the

21  authority, upon terms and conditions acceptable to such public

22  body and to the authority.

23         (20)  To enter into agreements with the city, or with

24  any other public body owning or operating aviation projects of

25  which the authority may subsequently assume control, with

26  respect to the manner to transfer of persons employed by the

27  city or other public body at such aviation projects to the

28  authority, as the authority deems necessary and appropriate.

29         (21)  To establish a plan for retirement, disability,

30  hospitalization, and other fringe benefits, and for death

31  benefits for officers and employees of the authority, or to

                                  20

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 3959

    Amendment No. 01 (for drafter's use only)





 1  provide by resolution that such officers and employees shall

 2  be covered under any plan of the city, Orange County, or the

 3  state available to them under the laws of the city, Orange

 4  County, or the state.

 5         (22)  To exercise each and every power not inconsistent

 6  with express provisions of this act which any municipality of

 7  this state may now or hereafter exercise with respect to the

 8  operation, acquisition, construction, or financing of airports

 9  or airport projects owned or controlled by such a municipality

10  under the provisions of the general laws of this state.

11         (23)  Notwithstanding any other provision of law to the

12  contrary, the authority does not have the power of ad valorem

13  taxation.

14

15  All expenses incurred by the authority in exercising its

16  powers and in performing its functions and duties shall be

17  paid solely from the proceeds of revenue bonds issued under

18  the provisions of this act or from the revenues of the

19  projects under its control, and no liability or obligation not

20  payable from such proceeds or from such revenues shall at any

21  time be incurred in connection with the operation thereof,

22  except as provided herein.

23         Section 9.  CREDIT OF CITY NOT PLEDGED.--Revenue bonds

24  issued under the provisions of this act shall not be deemed to

25  constitute a debt of the city or a pledge of the faith and

26  credit of the city, but such bonds shall be payable solely

27  from the funds hereinafter provided therefor from revenues.

28  All such bonds shall contain a statement on their face to the

29  effect that the city is not obligated to pay such bonds or the

30  interest thereon except from revenues, and that the faith and

31  credit of the city are not pledged to the payment of the

                                  21

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 3959

    Amendment No. 01 (for drafter's use only)





 1  principal or of the interest on such bonds. The issuance of

 2  revenue bonds under the provisions of this act shall not

 3  directly or indirectly or contingently obligate the city to

 4  levy or to pledge any form of taxation whatever therefor or to

 5  make any appropriation for their payment.

 6         Section 10.  BOND ISSUE FOR PURPOSE OF FINANCING

 7  PROJECTS AUTHORIZED BY THIS ACT.--In addition to any powers

 8  granted in this act, the authority is hereby authorized to

 9  issue revenue bonds, and to issue and borrow against bond

10  anticipation notes, for the purpose of financing any of the

11  projects authorized by this act in the same manner and subject

12  to the same restrictions as the city may be permitted by

13  general or special law.

14         Section 11.  REVENUE BONDS.--

15         (1)  The authority is hereby authorized to provide by

16  resolution, at one time or from time to time, for the issuance

17  of revenue bonds of the authority for the purpose of paying

18  all or a part of the cost, as hereinabove defined, of

19  acquiring, constructing, extending or enlarging any project or

20  projects of the authority, or for the purpose of refunding

21  aviation revenue bonds heretofore or hereafter issued by the

22  city or by the authority. The bonds of each issue shall be

23  dated and shall mature at such time or times not exceeding 40

24  years from their date or dates as may be determined by the

25  authority, and may be made redeemable before maturity, at the

26  option of the city, at such price or prices and under such

27  terms and conditions as may be fixed by the authority prior to

28  the issuance of the bonds. Bonds shall bear interest from

29  their date until paid at such rate or rates as may be

30  determined by the authority not exceeding the rate permitted

31  by general law. The principal of and the interest on such

                                  22

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 3959

    Amendment No. 01 (for drafter's use only)





 1  bonds may be made payable in any lawful medium. The authority

 2  shall determine the form of the bonds, including any interest

 3  coupons to be attached thereto, and the manner of execution of

 4  the bonds, and shall fix the denomination or denominations of

 5  the bonds and the place or places of payment of principal and

 6  interest, which may be any bank or trust company within or

 7  without the state. Such bonds may be in certificated or

 8  uncertificated form, and may be issued with compound interest,

 9  capital appreciation, serial appreciation, original issue

10  discounts or zero or low interest rates, or with any

11  combination of such features, or with such other features, as

12  the authority shall determine.

13         (2)  Such bonds shall be signed by the mayor of the

14  city and countersigned by the chairman of the authority.

15  Either or both signatures required may be by facsimile. The

16  seal of the city may be impressed on the bonds or a facsimile

17  may be printed or lithographed thereon. In case any officer

18  whose signature or a facsimile of whose signature shall appear

19  on the bonds or coupons shall cease to be such officer before

20  the delivery of such bonds, such signature or such facsimile

21  shall nevertheless be valid and sufficient for all purposes

22  the same as if he had remained in office until such delivery.

23  Neither the members of the authority nor any person executing

24  the bonds shall be personally liable on the bonds or be

25  subject to any personal liability or accountability by reason

26  of the issuance thereof.

27         (3)  All revenue bonds issued under the provisions of

28  this act shall have and are hereby declared to have, as

29  between successive holders, all the qualities and incidents of

30  negotiable instruments under the negotiable instruments law of

31  the state. The bonds may be issued in coupon or in registered

                                  23

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 3959

    Amendment No. 01 (for drafter's use only)





 1  form, or both, as the authority may determine, and provision

 2  may be made for the registration of any coupon bonds as to

 3  principal alone and also as to both principal and interest,

 4  and for the reconversion into coupon bonds of any bonds

 5  registered as to both principal and interest. The authority

 6  may sell such bonds in such manner either at public or at

 7  private sale, and for such price, as it may determine to be in

 8  the best interest of the city.

 9         (4)  The proceeds of such bonds shall be used solely

10  for the payment of the cost of acquiring, constructing,

11  extending or enlarging the project or projects for which such

12  bonds shall be issued, and shall be disbursed in such manner

13  and under such restrictions, if any, as the authority may

14  provide. If the proceeds of such bonds, by error of estimates

15  or otherwise, shall be less than such cost, additional bonds

16  may in like manner be issued upon the prior approval of the

17  city council to provide the amount of such deficit, and,

18  unless otherwise provided in the resolution authorizing the

19  issuance of the bonds or in the trust agreement hereinafter

20  mentioned, shall be deemed to be of the same issue and shall

21  be entitled to payment from the same fund without preference

22  or priority of the bonds first issued for the same purpose. If

23  the proceeds of the bonds of any issue shall exceed the amount

24  required for the purpose for which such bonds were issued, the

25  surplus may be paid into the fund provided for the payment of

26  the principal of and the interest on such bonds, or for any

27  other lawful purpose of the authority. Prior to the

28  preparation of definitive bonds, the authority may, under like

29  restrictions, issue interim receipts or temporary bonds, with

30  or without coupons, exchangeable for definitive bonds when

31  such bonds have been executed and are available for delivery.

                                  24

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 3959

    Amendment No. 01 (for drafter's use only)





 1  The authority may also provide for the replacement of any

 2  bonds which shall become mutilated or be destroyed or lost.

 3  Revenue bonds may be issued under the provisions of this act

 4  without obtaining the consent of any commission, board, bureau

 5  or agency of the state, and without any other proceedings or

 6  the happening of any other conditions or things than those

 7  proceedings, conditions or things which are specifically

 8  required by this act.

 9         (5)  The resolution providing for the issuance of the

10  revenue bonds and any trust agreement executed in connection

11  therewith may also contain such limitations upon the issuance

12  of additional revenue bonds as the authority may deem proper,

13  and such additional bonds shall be issued under such

14  restrictions and limitations as may be prescribed by such

15  resolution or such trust agreement.

16         (6)  The authority is hereby authorized to provide by

17  resolution for the issuance of revenue refunding bonds of the

18  city for the purpose of refunding any revenue bonds then

19  outstanding and issued under the provisions of this act, as

20  well as any revenue bonds theretofore issued by the city to

21  which the payment of revenues of any project of the authority

22  shall have been pledged. The authority is further authorized

23  to provide by resolution for the issuance of a single issue of

24  revenue bonds of the city for the combined purpose of:

25         (a)  Paying all or a part of the cost of acquiring,

26  constructing, extending or enlarging a project or projects;

27  and

28         (b)  Refunding any revenue bonds or revenue

29  certificates which shall then be outstanding and shall be

30  payable from the revenue of any existing project or projects

31  of the authority.

                                  25

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 3959

    Amendment No. 01 (for drafter's use only)





 1

 2  The issuance of such revenue bonds, the form, maturities,

 3  features, and other details thereof, the rights of the holders

 4  thereof, and the duties of the authority and of the city in

 5  respect of the same, shall be governed by the foregoing

 6  provisions of this act insofar as the same may be applicable.

 7         (7)  Revenue bonds may be issued under the provisions

 8  of this act beyond the general limits of indebtedness

 9  prescribed by law, and shall not be included in the amount of

10  bonds which the city may be authorized to issue under any

11  other law. Revenue bonds issued under the provisions of this

12  act and the income therefrom shall be exempt from all taxation

13  within the state. It shall be lawful for all state agencies,

14  banks, executors, administrators, guardians, and fiduciaries

15  generally, and all sinking fund commissioners, to invest any

16  moneys in their hands in such bonds, and such bonds may be

17  deposited as security for the deposit of public funds of the

18  state or of any county, city, or town. No resolution for the

19  issuance of any bond authorized herein shall be effective

20  until the city council shall authorize such individual issue

21  by proper resolution.

22         Section 12.  TRUST AGREEMENT.--In the discretion of the

23  authority each or any issue of such revenue bonds may be

24  secured by a trust agreement by and between the authority and

25  a corporate trustee, which may be any trust company or bank

26  having the powers of a trust company within or without the

27  state. Such trust agreement may pledge or assign the revenues

28  to be received, but shall not convey or mortgage any project

29  or any part thereof. Either the resolution providing for the

30  issuance of revenue bonds or such trust agreement may contain

31  such provisions for protecting and enforcing the rights and

                                  26

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 3959

    Amendment No. 01 (for drafter's use only)





 1  remedies of the bondholders as may be reasonable and proper

 2  and not in violation of laws, including covenants setting

 3  forth the duties of the authority in relation to the

 4  acquisition, construction, extension, enlargement,

 5  maintenance, operation, repair and insurance of a project and

 6  the custody, safeguarding and application of all moneys. It

 7  shall be lawful for any bank or trust company incorporated

 8  under the laws of this state to act as depository of the

 9  proceeds of bonds or of revenues and to furnish such

10  indemnifying bonds or to pledge such securities as may be

11  required by the authority. Such trust agreement may set forth

12  the rights and remedies of the bondholders and of the trustee,

13  and may restrict the individual right of action by bondholders

14  as is customary in trust agreements or trust indentures

15  securing bonds and debentures of corporations. In addition to

16  the foregoing, such trust agreement may contain such other

17  provisions as the authority may deem reasonable and proper for

18  the security of bondholders. Except as otherwise provided in

19  this act, the authority may provide, by resolution or by such

20  trust agreement, for the payment of the proceeds of the sale

21  of the bonds and the revenues of the project or projects to

22  such officer, board or depository as it may determine for the

23  custody thereof, and for the method of disbursement thereof,

24  with such safeguards and restrictions as it may determine. All

25  expenses incurred in carrying out the provisions of such trust

26  agreement may be treated as a part of the cost of operation of

27  the project or projects affected by such trust agreement.

28         Section 13.  REVENUES AND BUDGETING THEREOF.--

29         (1)  Not less than 1 month prior to the end of each

30  fiscal year of the authority, which shall be the same fiscal

31  year as that of the city, the authority shall adopt by

                                  27

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 3959

    Amendment No. 01 (for drafter's use only)





 1  resolution its proposed budget for the ensuing fiscal year,

 2  and submit the same to the city council. Such proposed budget

 3  shall include all anticipated expenditures of the authority

 4  for all of its projects during the ensuing fiscal year,

 5  including operating expenses, capital outlays, materials,

 6  labor, equipment, supplies, payments of principal and interest

 7  on all outstanding revenue bonds of the authority, and sinking

 8  fund and reserve requirements of such bonds. Such proposed

 9  budget shall provide for expenditures only to the extent of

10  funds legally available to the authority for such purposes and

11  reasonably anticipated revenues of the authority for the

12  ensuing fiscal year from established sources, based upon past

13  experience and reasonable projections thereof, and from new

14  projects or new sources of income of the authority. The city

15  council shall, within 10 days of its receipt of such proposed

16  budget, conduct a public hearing with respect thereto. The

17  chairman and executive director of the authority shall be

18  present at such public hearing. Following the public hearing

19  by the city council, the authority at any regular or special

20  meeting prior to the commencement of the next fiscal year

21  shall adopt by resolution its budget for the ensuing year

22  subject to the same constraints as to the amount of

23  expenditures as set forth above with respect to the proposed

24  budget of the authority. Once adopted, the said budget shall

25  not be amended except by resolution of the authority and

26  except following the giving of 10 days' written notice of the

27  proposed amendment to the city council and the giving of

28  public notice of the authority's intention to consider

29  amending its budget, which notice shall be by publication in a

30  newspaper of general circulation in Orange County at least 10

31  days prior to the meeting of the authority at which such

                                  28

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 3959

    Amendment No. 01 (for drafter's use only)





 1  proposed amendment is to be finally considered.

 2         (2)  Within 90 days following the close of each fiscal

 3  year, the authority shall make a comprehensive report of its

 4  operations of each project under its control during the

 5  preceding fiscal year, including all matters relating to

 6  rates, charges, revenues, expenses of maintenance, repair and

 7  operation and of replacements and extensions, principal and

 8  interest retirements and the status of all funds. Copies of

 9  such annual reports shall be filed with the secretary of the

10  authority, with the city council, with the Board of County

11  Commissioners of Orange County, and, if the revenue bonds

12  shall be secured by a trust agreement, with the trustee under

13  such trust agreement, and shall be open to the inspection of

14  all interested persons.

15         (3)  The authority shall cause an audit to be made of

16  its books and accounts for each of its fiscal years by an

17  independent certified public accountant, which audit shall be

18  accompanied by the accountant's opinion and qualifications

19  relating thereto, if any.

20         Section 14.  TRUST FUNDS.--All moneys received pursuant

21  to the authority of this act, whether as proceeds from the

22  sale of revenue bonds or as revenues, shall be deemed to be

23  trust funds, to be held and applied solely as provided in this

24  act. The authority shall, in the resolution authorizing the

25  issuance of revenue bonds or in the trust agreement, provide

26  for the payment of the proceeds of the sale of such bonds and

27  all revenues to be received to any officer who, or to any

28  agency, bank or trust company which, shall act as trustee of

29  such funds and shall hold and apply the same to the purposes

30  hereof, subject to such regulations as this act and such

31  resolution or trust agreement may provide.

                                  29

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 3959

    Amendment No. 01 (for drafter's use only)





 1         Section 15.  REMEDIES.--Any holder of revenue bonds

 2  issued under the provisions of this act or of any of the

 3  coupons appertaining thereto, and the trustee under the trust

 4  agreement, if any, except to the extent the rights herein

 5  given may be restricted by such resolution or trust agreement,

 6  may, either at law or in equity, by suit, action, mandamus or

 7  other proceeding, protect and enforce any and all rights under

 8  the laws of the State of Florida or granted hereunder or under

 9  such resolution or trust agreement, and may enforce and compel

10  the performance of all duties required by this act or by such

11  resolution or trust agreement to be performed by the city or

12  the authority or by any officer thereof, including the fixing,

13  charging and collecting of rates and charges for the services

14  and facilities furnished by any project.

15         Section 16.  POWER OF EMINENT DOMAIN.--It is hereby

16  specifically provided that, in the acquisition of any land or

17  other property by the exercise of the power of eminent domain

18  and condemnation proceedings as herein provided, the authority

19  shall first authorize and provide for such acquisition and

20  condemnation by appropriate resolution of the authority, which

21  shall be presented to the city council for its approval and

22  action as hereinafter provided. No condemnation proceedings in

23  exercise of the power of eminent domain shall be initiated or

24  valid unless and until the city council shall, by resolution,

25  approve the resolution of the authority and authorize by

26  resolution the exercise of the power of eminent domain in the

27  name of the authority for the purposes set forth in such

28  resolution of the authority. All such condemnation proceedings

29  shall then proceed in the manner provided by law for the

30  exercise of the power of eminent domain by a municipality for

31  the acquisition of property for a proper municipal and public

                                  30

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 3959

    Amendment No. 01 (for drafter's use only)





 1  purpose.

 2         Section 17.  CITY ORDINANCES IN EFFECT.--All of the

 3  ordinances of general application of the city from time to

 4  time in effect, with the sole exception of its ordinances

 5  pertaining to zoning, shall, when so determined by ordinance

 6  of the city council, be of full force and effect in and on any

 7  areas of land or water owned or controlled by the authority

 8  which are not within the limits of any other municipality,

 9  whether or not such areas are within, without, or partially

10  without the municipal limits of the city, and may be enforced

11  in the same manner and to the same extent as if such areas

12  were within the municipal limits of the city.

13         Section 18.  EXECUTION OF CONTRACTS, LEASES AND OTHER

14  LEGAL INSTRUMENTS.--Any and all contracts, leases,

15  obligations, agreements or other legal instruments of the

16  authority shall be approved by resolution of the authority,

17  and shall be executed by those individuals designated in such

18  resolution, and in the absence of such designation by the

19  chairman or vice chairman. Nothing in this provision shall

20  prohibit general resolutions authorizing the executive

21  director or other officers, agents or employees to execute

22  such contracts, leases or other legal documents as the

23  authority may prescribe.

24         Section 19.  COOPERATION BETWEEN MUNICIPALITIES, COUNTY

25  AND AUTHORITY.--

26         (1)  The effectuation of the purposes of this act being

27  in all respects for the benefit of the people of the state and

28  Orange County, as well as of the municipalities in said

29  county, the state, Orange County, and each municipality

30  therein is hereby authorized to aid and cooperate with the

31  authority in carrying out any authorized purposes or projects

                                  31

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 3959

    Amendment No. 01 (for drafter's use only)





 1  of the authority.

 2         (2)  Orange County and each municipality therein is

 3  hereby authorized to enter into interlocal agreements with the

 4  authority and to provide in any such interlocal agreement for

 5  the making of a loan, gift, grant or contribution to the

 6  authority for the carrying out of any of the authorized

 7  purposes or projects of the authority.

 8         (3)  Orange County and each municipality therein is

 9  hereby further authorized to grant and convey to the authority

10  real or personal property of any kind or nature, or any

11  interest therein, for the carrying out of the authorized

12  purposes or projects of the authority.

13         (4)  Any such interlocal agreement may be made and

14  entered into pursuant to this act for such time or times not

15  exceeding 40 years as shall be agreed by the parties thereto,

16  and may contain such other details, terms, provisions and

17  conditions as shall be agreed upon by the parties thereto.

18         (5)  Any such interlocal agreement may be made and

19  entered into for the benefit of the holders of any revenue

20  bonds issued pursuant to this act, as well as the parties

21  thereto, and shall be enforceable in any court of competent

22  jurisdiction by the holders of any such revenue bonds or of

23  the coupons appertaining thereto.

24         (6)  No such interlocal agreement shall in any way

25  constitute a pledge of the taxing power, or of the full faith

26  and credit of any party thereto.

27         Section 20.  CONFLICTS OF INTEREST PROHIBITED.--No

28  member, officer, agent, or employee of the authority, either

29  for himself, or as agent for anyone else, or as a stockholder

30  or owner in any other legal entity, shall participate or

31  benefit directly or indirectly in or from any sale, purchase,

                                  32

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 3959

    Amendment No. 01 (for drafter's use only)





 1  lease, franchise, contract, or other transaction entered into

 2  by the authority. If any such person shall violate the

 3  provisions of this section, he shall be guilty of a

 4  misdemeanor. The provisions of this section shall be

 5  cumulative to any general laws of the state which are from

 6  time to time applicable to members, officers, agents, or

 7  employees of the authority and which require the disclosure

 8  of, or prohibit, conflicts of interest.

 9         Section 21.  ACT CONFERS ADDITIONAL AUTHORITY.--

10         (1)  The powers conferred by this act shall be in

11  addition and supplemental to the existing powers of the

12  authority heretofore granted to it by any existing acts, and

13  any other law, general or special, and this act shall not be

14  construed so as to repeal any of the provisions of the

15  existing acts, except as expressly provided herein, or of any

16  other law, general or special, except to the extent of any

17  conflict between the provisions of this act and the provisions

18  of the existing acts, or of any other law, general or special,

19  in which event the provisions of this act shall be controlling

20  and shall, to the extent of any such conflict, supersede the

21  provisions of the existing acts and the provisions of any

22  other law, general or special.

23         (2)  Nothing in this act is intended, nor shall any

24  provision hereof be construed so as to repeal, abrogate,

25  impair or adversely affect the rights and remedies of the

26  holders of any obligations of the city heretofore issued.

27         (3)  No approval of the electors or freeholders of the

28  city or of any other political subdivision shall be required

29  for the issuance of any revenue bonds pursuant to this act,

30  unless such approval is required by the provisions of the

31  Constitution or general laws of Florida.

                                  33

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 3959

    Amendment No. 01 (for drafter's use only)





 1         Section 22.  TERMINATION OF AUTHORITY.--If for any

 2  reason, the Authority or its successors shall terminate, be

 3  terminated, or cease operation or existence for any cause or

 4  reason, then upon such termination or cessation all property,

 5  real, personal or mixed, tangible or intangible, of whatsoever

 6  kind and wheresoever located, shall immediately become the

 7  property of the city, which is hereby authorized to exercise

 8  any or all the powers herein granted the authority for the

 9  purposes expressed herein, or any other municipal purpose.

10         Section 3.  If any provision of this act or the

11  application thereof to any person or circumstance is held

12  invalid, the invalidity shall not affect other provisions or

13  applications of the act which can be given effect without the

14  invalid provision or application, and to this end the

15  provisions of this act are declared severable.

16         Section 4.  Except as specifically reenacted herein,

17  chapters 57-1658, 61-2599, 67-1834, 69-1389, 75-464, 77-612,

18  78-578, 80-553, 80-554, 82-347, 87-555, 88-474, 91-369, and

19  91-391, Laws of Florida, are hereby repealed.

20         Section 5.  This act shall take effect upon becoming a

21  law.

22

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