House Bill 1791er

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  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; repealing section 3, (3) and (4) of

21         chapter 91-358, Laws of Florida, providing for

22         nonpartisan ballots; amending s. 17 of chapter

23         91-358, Laws of Florida; providing that the

24         authority is not an agency for purposes of the

25         Administrative Procedure Act, chapter 120,

26         F.S.; providing for severability; providing for

27         a referendum; providing that candidates elected

28         in the year 2000 do not assume office if the

29         referendum is approved; providing an effective

30         date.

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

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

  4  91-358, Laws of Florida, as amended by section 1 of chapter

  5  97-322, Laws of Florida, is amended to read:

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

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

  8  the authority shall consist of the eight members elected to

  9  office prior to that date.

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

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

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

13  Sarasota County. The three positions on the governing board

14  assigned to residents of Manatee County shall be designated as

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

16  positions on the governing board assigned to residents of

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

18  "S-3," respectively.

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

20  in 1998 to seats previously designated by the supervisor of

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

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

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

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

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

26  seats previously designated by the supervisor of elections as

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

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

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

30  The seats previously designated by the supervisor of elections

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


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

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

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

  4  authority resulting from the death, resignation, change of

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

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

  7  Governor. Any appointed member is eligible for reappointment.

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

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

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

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

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

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

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

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

16  appointed members of the authority shall assume office on the

17  third Tuesday of November in the year of appointment.

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

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

20  is competent and knowledgeable in one or more fields,

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

22  accounting, engineering, finance, natural-resources

23  conservation, energy, or another field substantially related

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

25  of the authority shall fairly represent the specified fields

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

27  that one or more appointed members be experienced in an

28  aviation-related field.  A person who is serving in another

29  public office is not eligible for appointment, unless that

30  person resigns the other office before being appointed to the

31  authority. A person who, at the time of an anticipated


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  1  appointment by the Governor, is transacting business with the

  2  authority, or who is reasonably expected to transact business

  3  with the authority, either for himself or herself or as an

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

  5  legal entity, may not be appointed as a member of the

  6  authority.

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

  8  suspended or removed from office by the Governor for good

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

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

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

12  avoid conduct tending to undermine decisions of the authority,

13  exposing the authority to liability for damages, injuring the

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

15  the authority's staff or employees.

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

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

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

19  nonpartisan ballots at the first and second primary elections

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

21  must be residents of Manatee County and elected by the

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

23  of Sarasota County and elected by the electors of Sarasota

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

25  on separate nonpartisan election ballots at the first and

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

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

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

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

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

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


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

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

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

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

  5  Manatee County and elected by the electors of Manatee County

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

  7  elected by the electors of Sarasota County. Commencing in

  8  1998, the authority runoff elections shall be held at the time

  9  of the general election, instead of the second primary

10  election.

11         Section 2.  Subsections (3) and (4) of Section 3 of

12  chapter 91-358, Laws of Florida, are repealed.

13         Section 3.  Section 17 of chapter 91-358, Laws of

14  Florida, is amended to read:

15         Section 17.  Administrative procedure.--In accordance

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

17  not considered an agency subject to the Administrative

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

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

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

21  law.

22         Section 4.  If any provision of this act or its

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

24  invalidity does not affect other provisions or applications of

25  the act which can be given effect without the invalid

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

27  this act are severable.

28         Section 5.  This act shall take effect only upon its

29  approval by a majority of the qualified electors residing

30  within Manatee and Sarasota Counties voting in a referendum

31  election to be held during the November 2000 general


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  1  elections. The following ballot question shall be placed on

  2  the ballot at the November 2000 general elections:

  3

  4    APPOINTMENT OF SARASOTA-MANATEE AIRPORT AUTHORITY MEMBERS

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  6  SHALL CHAPTER 00-     , LAWS OF FLORIDA, PROVIDING FOR THE

  7  APPOINTMENT OF BOARD MEMBERS OF THE SARASOTA-MANATEE AIRPORT

  8  AUTHORITY, BE APPROVED?

  9                           YES          NO

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11         Section 6.  If the referendum required by section 5 is

12  approved, authority board candidates elected in the year 2000

13  shall not assume office, and vacancies on the board shall be

14  appointed by the Governor as provided in this act.

15         Section 7.  This act shall take effect upon referendum

16  approval as provided by section 5; however, section 5 shall

17  take effect upon becoming a law.

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