House Bill 1791

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    Florida House of Representatives - 2000                HB 1791

        By Representative Bitner






  1                      A bill to be entitled

  2         An act relating to the Sarasota-Manatee Airport

  3         Authority; amending s. 3 of chapter 91-358,

  4         Laws of Florida, as amended; revising the

  5         membership of the governing board of the

  6         authority; providing for designating certain

  7         positions on the governing board to residents

  8         of Manatee County and certain positions on the

  9         governing board to residents of Sarasota

10         County; providing for the Governor to appoint

11         the members of the governing board of the

12         authority; limiting the number of consecutive

13         years a member may be reappointed; providing

14         for staggered terms of office; providing

15         qualifications for membership; providing for a

16         member to be suspended or removed from office

17         by the Governor under specified circumstances;

18         deleting provisions requiring the election of

19         members to the governing board of the

20         authority; amending s. 17 of chapter 91-358,

21         Laws of Florida; providing that the authority

22         is not an agency for purposes of the

23         Administrative Procedure Act, chapter 120,

24         F.S.; providing for severability; providing an

25         effective date.

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27  Be It Enacted by the Legislature of the State of Florida:

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29         Section 1.  Subsection (2) of section 3 of chapter

30  91-358, Laws of Florida, as amended by section 1 of chapter

31  97-322, Laws of Florida, is amended to read:

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  1         Section 3.  Creation and membership of authority.--

  2         (2)(a)  Until November 21, 2000, the governing board of

  3  the authority shall consist of the eight members elected to

  4  office prior to that date.

  5         (b)  Effective November 21, 2000, the governing board

  6  shall consist of six members, three of whom must be residents

  7  of Manatee County and three of whom must be residents of

  8  Sarasota County. The three positions on the governing board

  9  assigned to residents of Manatee County shall be designated as

10  seats "M-1," "M-2," and "M-3," respectively, and the three

11  positions on the governing board assigned to residents of

12  Sarasota County shall be designated as seats "S-1," "S-2," and

13  "S-3," respectively.

14         (c)  Effective November 21, 2000, those persons elected

15  in 1998 to seats previously designated by the supervisor of

16  elections as seats "one" and "three" in each of the counties

17  shall serve in the newly designated seats of M-1, M-3, S-1,

18  and S-3, respectively, until their terms expire in 2002,

19  whereupon seats M-1, M-3, S-1, and S-3 shall be filled by

20  appointment in the manner set forth in this subsection. The

21  seats previously designated by the supervisor of elections as

22  seat "two" in each of the counties shall be the newly

23  designated seats M-2 and S-2, respectively, which shall be

24  filled by appointment in the manner set forth in this section.

25  The seats previously designated by the supervisor of elections

26  as seat "four" in each of the counties shall be eliminated.

27         (d)  At least 30 days prior to the date of expiration

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

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

30  authority resulting from the death, resignation, change of

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

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  1  cause, the successor of such member shall be appointed by the

  2  Governor. Any appointed member is eligible for reappointment.

  3  However, a member may not serve more than 8 consecutive years.

  4  Other than for an appointment to fill a vacancy in the seat of

  5  a member whose term has not yet expired, all appointments

  6  shall be for a 4-year term, except that the appointment to

  7  seat S-3 for the term commencing on November 19, 2002, shall

  8  be for 2 years, terminating on November 16, 2004. Thereafter,

  9  the term of office for seat S-3 shall be for 4 years. Other

10  than those persons appointed to fill an unexpired term, all

11  appointed members of the authority shall assume office on the

12  third Tuesday of November in the year of appointment.

13         (e)  Each appointed member of the authority must be a

14  person of integrity, responsibility, and business ability, who

15  is competent and knowledgeable in one or more fields,

16  including, but not limited to, public affairs, law, economics,

17  accounting, engineering, finance, natural-resources

18  conservation, energy, or another field substantially related

19  to the duties and functions of the authority. The membership

20  of the authority shall fairly represent the specified fields

21  and shall be nonpartisan. It is desirable, but not essential,

22  that one or more appointed members be experienced in an

23  aviation-related field. A person who is serving as a member of

24  the authority on the effective date of this act may not be

25  appointed as a member of the authority. A person who is

26  serving in another public office is not eligible for

27  appointment, unless that person resigns the other office

28  before being appointed to the authority. A person who, at the

29  time of an anticipated appointment by the Governor, is

30  transacting business with the authority, or who is reasonably

31  expected to transact business with the authority, either for

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  1  himself or herself or as an employee of, agent for, or

  2  consultant to any other person or legal entity, may not be

  3  appointed as a member of the authority.

  4         (f)  Any appointed member of the authority may be

  5  suspended or removed from office by the Governor for good

  6  cause affecting his or her ability to perform his or her

  7  duties as a member; for misfeasance, malfeasance, or

  8  nonfeasance in office; or for violating his or her duty to

  9  avoid conduct tending to undermine decisions of the authority,

10  exposing the authority to liability for damages, injuring the

11  good name of the authority, or disturbing the well-being of

12  the authority's staff or employees.

13         (2)  The authority shall consist of eight members who

14  must be elected on a nonpartisan basis as follows:  four

15  members must be elected for terms of 4 years each on separate

16  nonpartisan ballots at the first and second primary elections

17  to be held in 1990, and each 4 years thereafter, two of whom

18  must be residents of Manatee County and elected by the

19  electors of Manatee County and two of whom must be residents

20  of Sarasota County and elected by the electors of Sarasota

21  County.  Two members must be elected for terms of 4 years each

22  on separate nonpartisan election ballots at the first and

23  second primary elections to be held in 1988, and each 4 years

24  thereafter, one of whom must be a resident of Manatee County

25  and elected by the electors of Manatee County and one of whom

26  must be a resident of Sarasota County and elected by the

27  electors of Sarasota County.  Two members must be elected for

28  terms of 2 years each on separate nonpartisan ballots at the

29  first and second primary elections to be held in 1990, and

30  then for terms of 4 years each on separate nonpartisan ballots

31  at the first and second primary elections to be held in 1992,

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  1  and each 4 years after 1992, one of whom must be a resident of

  2  Manatee County and elected by the electors of Manatee County

  3  and one of whom must be a resident of Sarasota County and

  4  elected by the electors of Sarasota County. Commencing in

  5  1998, the authority runoff elections shall be held at the time

  6  of the general election, instead of the second primary

  7  election.

  8         Section 2.  Section 17 of chapter 91-358, Laws of

  9  Florida, is amended to read:

10         Section 17.  Administrative procedure.--In accordance

11  with section 120.52(1)(c), Florida Statutes, The authority is

12  not considered an agency subject to the Administrative

13  Procedure Act under chapter 120, Florida Statutes, to the

14  extent that the authority is made subject to that act by

15  general law, existing judicial decision, or by other special

16  law.

17         Section 3.  If any provision of this act or its

18  application to any person or circumstance is held invalid, the

19  invalidity does not affect other provisions or applications of

20  the act which can be given effect without the invalid

21  provision or application, and to this end the provisions of

22  this act are severable.

23         Section 4.  This act shall take effect upon becoming a

24  law.

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