House Bill hb1099

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    Florida House of Representatives - 2001                HB 1099

        By Representative Diaz de la Portilla






  1                      A bill to be entitled

  2         An act relating to the Florida Airport

  3         Authority Act; creating ss. 332.201, 332.202,

  4         332.203, 332.204, 332.205, 332.206, 332.207,

  5         332.208, 332.209, 332.210, and 332.211, F.S.;

  6         creating the Florida Airport Authority Act;

  7         providing definitions; providing that certain

  8         counties shall form an airport authority;

  9         providing that certain former military

10         facilities redeveloped and operated as an

11         airport shall be redeveloped and operated by an

12         authority under the act, and providing for

13         membership of the governing body of such

14         authorities; providing for appointment of

15         members of the governing body of an authority;

16         providing for officers, employees, expenses,

17         removal from office, and application of

18         financial disclosure provisions; providing

19         purposes and powers of an authority; providing

20         restrictions on authority powers; providing for

21         issuance of bonds; providing that the county

22         may be appointed as an authority's agent for

23         construction; providing for acquisition of

24         lands and property; providing for cooperation

25         with other units, boards, agencies, and

26         individuals; providing a covenant of the state

27         with respect to bond issuance and agreements

28         with federal agencies; providing an exemption

29         from taxation; providing for applicability;

30         requiring members of the authority to file

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  1         financial disclosure; providing an effective

  2         date.

  3

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

  5

  6         Section 1.  Sections 332.201, 332.202, 332.203,

  7  332.204, 332.205, 332.206, 332.207, 332.208, 332.209, 332.210,

  8  and 332.211, Florida Statutes, are created to read:

  9         332.201  Short title.--Sections 332.201-332.211 may be

10  cited as the "Florida Airport Authority Act."

11         332.202  Definitions.--As used in this act:

12         (1)  "Agency of the state" means and includes the state

13  and any department of, or corporation, agency, or

14  instrumentality created, designated, or established by, the

15  state.

16         (2)  "Airport" means any area of land or water, or any

17  manmade object or facility located therein, which is used, or

18  intended for public use, for the landing and takeoff of

19  aircraft, and any appurtenant areas which are used, or

20  intended for public use, for airport buildings or other

21  airport facilities or rights-of-way.

22         (3)  "Airport system" means any and all airports within

23  the geographic boundaries of an airport authority established

24  pursuant to this act and appurtenant facilities thereto,

25  including, but not limited to, all approaches, roads, bridges,

26  and avenues of access for such airport.

27         (4)  "Authority" means an airport authority established

28  pursuant to this act which is a body politic and corporate and

29  a public instrumentality.

30         (5)  "Bonds" means and includes the notes, bonds,

31  refunding bonds, or other evidences of indebtedness or

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  1  obligations, in either temporary or definitive form, which an

  2  authority issues pursuant to this act.

  3         (6)  "Department" means the Department of

  4  Transportation.

  5         (7)  "Division" means the Division of Bond Finance of

  6  the State Board of Administration.

  7         (8)  "Express written consent" means prior express

  8  written consent given in the form of a resolution adopted by a

  9  board of county commissioners.

10         (9)  "Federal agency" means and includes the United

11  States, the President of the United States, and any department

12  of, or corporation, agency, or instrumentality created,

13  designated, or established by, the United States.

14         332.203  Airport authority; formation; membership.--

15         (1)  Any county which has a population of more than 1.5

16  million people shall at the countywide election hold a

17  referendum in which the electors shall decide whether to form

18  an airport authority, which shall be an agency of the state,

19  pursuant to this act. The governing body of such authority

20  shall be comprised of no less than five nor more than nine

21  members, two of whom shall be appointed by the Governor

22  subject to confirmation by the Senate, one of whom shall be

23  appointed by the county ethics commission, and the remainder

24  shall be appointed by the governing body of the county in

25  which the airport is situated.

26         (2)  The governing body of an authority shall consist

27  of at least five voting members. The district secretary of the

28  affected department district shall serve as a nonvoting member

29  of the governing body of each authority located within the

30  district. Each member of the governing body must at all times

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  1  during his or her term of office be a permanent resident of

  2  the county which he or she is appointed to represent.

  3         (a)  The two members of the governing body appointed by

  4  the Governor, subject to confirmation by the Senate, shall

  5  serve terms of 4 years. Such persons may not hold elective

  6  office during their terms of office.

  7         (b)  The remaining members shall be appointed by the

  8  appointing authority for terms of 3 years.

  9         (3)(a)  The governing body of each authority shall

10  elect one of its members as its chair and shall elect a

11  secretary and a treasurer, who need not be members of the

12  authority. The chair, secretary, and treasurer shall hold

13  their offices at the will of the governing body. A simple

14  majority of the governing body constitutes a quorum, and the

15  vote of a majority of those members present is necessary for

16  the governing body to take any action. A vacancy on a

17  governing body shall not impair the right of a quorum of the

18  governing body to exercise all of the rights and perform all

19  of the duties of the authority.

20         (b)  Upon the effective date of his or her appointment,

21  or as soon thereafter as practicable, each appointed member of

22  a governing body shall enter upon his or her duties.

23         (4)(a)  An authority may employ an executive secretary,

24  an executive director, its own counsel and legal staff,

25  technical experts, and such engineers and employees, permanent

26  or temporary, as it may require and shall determine the

27  qualifications and fix the compensation of such persons,

28  firms, or corporations. An authority may employ a fiscal agent

29  or agents; however, the authority must solicit sealed

30  proposals from at least three persons, firms, or corporations

31  for the performance of any services as fiscal agent. An

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  1  authority may delegate to one or more of its agents or

  2  employees such of its power as it deems necessary to carry out

  3  the purposes of this act, subject always to the supervision

  4  and control of the authority.

  5         (b)  Members of the governing body of an authority may

  6  be removed from office by the Governor for misconduct,

  7  malfeasance, misfeasance, or nonfeasance in office.

  8         (c)  Members of the governing body of an authority are

  9  entitled to receive from the authority their travel and other

10  necessary expenses incurred in connection with the business of

11  the authority as provided in s. 112.061, but they may not draw

12  salaries or other compensation.

13         (d)  Members of the governing body of an authority

14  shall be required to comply with the applicable financial

15  disclosure requirements of ss. 112.3145, 112.3148, and

16  112.3149.

17         (5)  No member or spouse shall be the holder of the

18  stocks or bonds of any company, other than through ownership

19  of shares in a mutual fund, regulated by the authority, or any

20  affiliated company of any company regulated by the authority,

21  or be an agent or employee of, or have any interest in, any

22  company regulated by the authority or any affiliated company

23  of any company regulated by the authority, or in any firm

24  which represents in any capacity either companies which are

25  regulated by the authority or affiliates of companies

26  regulated by the authority.  As a condition of appointment to

27  the council, each appointee shall affirm to the Speaker and

28  the President his or her qualification by the following

29  certification:  "I hereby certify that I am not a stockholder,

30  other than through ownership of shares in a mutual fund, in

31  any company regulated by the authority or in any affiliate of

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  1  a company regulated by the authority, nor in any way, directly

  2  or indirectly, in the employment of, or engaged in the

  3  management of any company regulated by the authority or any

  4  affiliate of a company regulated by the authority, or in any

  5  firm which represents in any capacity either companies which

  6  are regulated by the authority or affiliates of companies

  7  regulated by the authority." A member of the authority shall

  8  not contribute to the campaign account of any elected

  9  official, nor solicit any campaign contributions for any

10  elected official.

11         332.204  Purposes and powers.--

12         (1)(a)  An authority created and established pursuant

13  to this act may acquire, hold, construct, improve, maintain,

14  operate, own, and lease an airport system.

15         (b)  Construction of an airport system may be completed

16  by an authority in segments, phases, or stages, in a manner

17  which will permit the expansion of these segments, phases, or

18  stages to the desired airport configuration. Each authority,

19  in the construction of an airport system, may construct any

20  extensions of, additions to, or improvements to, the airport

21  system or appurtenant facilities, including all necessary

22  approaches, roads, bridges, and avenues of access, with such

23  changes, modifications, or revisions of the project that are

24  deemed desirable and proper. An authority may only add

25  additional airports to an airport system, under the terms and

26  conditions set forth in this act, with the prior express

27  written consent of the board of county commissioners of each

28  county located within the geographic boundaries of the

29  authority, and only if such additional airports are

30  financially feasible, and are compatible with the existing

31  plans, projects, and programs of the authority.

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  1         (2)  Each authority may exercise all powers necessary,

  2  appurtenant, convenient, or incidental to the carrying out of

  3  its purposes, including, but not limited to, the following

  4  rights and powers:

  5         (a)  To sue and be sued, implead and be impleaded, and

  6  complain and defend in all courts.

  7         (b)  To adopt, use, and alter at will a corporate seal.

  8         (c)  To acquire, purchase, hold, lease as lessee, and

  9  use any franchise or property, real, personal, or mixed,

10  tangible or intangible, or any interest therein necessary or

11  desirable for carrying out the purposes of the authority and

12  to sell, lease as lessor, transfer, and dispose of any

13  property or interest therein at any time acquired by it.

14         (d)  To enter into and make leases, either as lessee or

15  as lessor, in order to carry out the right to lease as set

16  forth in this act.

17         (e)  To fix, alter, charge, establish, and collect

18  rates, fees, rentals, and other charges for the services and

19  facilities of the airport system, which rates, fees, rentals,

20  and other charges must always be sufficient to comply with any

21  covenants made with the holders of any bonds issued pursuant

22  to this act.

23         (f)  To borrow money, make and issue negotiable notes,

24  bonds, refund bonds and other evidence of indebtedness, either

25  in temporary or definitive form, of the authority, which bonds

26  or other evidence of indebtedness may be issued pursuant to

27  the State Bond Act, to finance an airport system within the

28  geographic boundaries of the authority, and to provide for the

29  security of the bonds or other evidence of indebtedness and

30  the rights and remedies of the holders of the bonds or other

31  evidence of indebtedness. Any bonds or other evidence of

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  1  indebtedness pledging the full faith and credit of the state

  2  shall only be issued pursuant to the State Bond Act.

  3         (g)  To enter into contracts and to execute all

  4  instruments necessary or convenient for the carrying on of its

  5  business.

  6         (h)  Without limitation of the foregoing, to borrow

  7  money and accept grants from, and to enter into contracts,

  8  leases, or other transactions with, any federal agency, the

  9  state, any agency of the state or county, or any other public

10  body of the state.

11         (i)  To have the power of eminent domain, including the

12  procedural powers granted under chapters 73 and 74.

13         (j)  To pledge, hypothecate, or otherwise encumber all

14  or any part of the revenues, rates, fees, rentals, or other

15  charges or receipts of the authority, as security for all or

16  any of the obligations of the authority.

17         (k)  To do all acts and things necessary or convenient

18  for the conduct of its business and the general welfare of the

19  authority in order to carry out the powers granted to it by

20  law.

21         (l)  An airport authority may consider any unsolicited

22  proposals from private entities and all factors it deems

23  important in evaluating such proposals. The airport authority

24  shall adopt rules or policies in compliance with s. 334.30 for

25  the receipt, evaluation, and consideration of such proposals

26  in order to enter into agreements for the planning design,

27  engineering, construction, operation, ownership, or financing

28  of its airport system. Such rules must require substantially

29  similar technical information as is required by Rule

30  14-107.0011(3)(a)-(e), Florida Administrative Code. In

31  accepting a proposal and entering into such an agreement, the

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  1  airport authority and the private entity shall for all

  2  purposes be deemed to have complied with chapters 255 and 287.

  3  Similar proposals shall be reviewed and acted on by the

  4  authority in the order in which they were received. An

  5  additional airport may only be constructed under this

  6  paragraph with state and federal approval, and with the prior

  7  express written consent of the board of county commissioners

  8  of each county located within the geographical boundaries of

  9  the authority.

10         (3)  The use or pledge of any portion of county tax

11  funds may not be made without the prior express written

12  consent of the board of county commissioners of each county

13  located within the geographic boundaries of the authority.

14         (4)  Any authority formed pursuant to this act shall

15  comply with all statutory requirements of general application

16  which relate to the filing of any report or documentation

17  required by law, including the requirements of ss. 189.4085,

18  189.415, 189.417, and 189.418.

19         (5)  No airport authority shall undertake any

20  construction that is not consistent with federal aviation

21  requirements, the statewide aviation system plan, and the

22  county's comprehensive plan.

23         (6)  The governing body of the county may enter into an

24  interlocal agreement with an authority pursuant to chapter 163

25  for the joint performance or performance by either

26  governmental entity of any corporate function of the county or

27  authority necessary or appropriate to enable the authority to

28  fulfill the powers and purposes of this act and promote the

29  efficient and effective transportation of persons and goods in

30  such county.

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  1         332.205  Bonds.--With the prior express written consent

  2  of the board of county commissioners of each county located

  3  within the geographic boundaries of an authority, bonds may be

  4  issued on behalf of an authority as provided by the State Bond

  5  Act.

  6         332.206  County may be appointed agent of authority for

  7  construction.--The county may be appointed by the authority as

  8  its agent for the purpose of constructing improvements to an

  9  airport system and for the completion thereof. In such event,

10  the authority shall provide the county with complete copies of

11  all documents, agreements, resolutions, contracts, and

12  instruments relating thereto; shall request the county to do

13  such construction work, including the planning, surveying, and

14  actual construction of the completion and improvements to the

15  airport system; and shall transfer to the credit of an account

16  of the county the necessary funds therefor.

17         332.207  Acquisition of lands and property.--

18         (1)  For the purposes of this act, an airport authority

19  may acquire private or public property and property rights,

20  including rights of access, air, view, and light, by gift,

21  devise, purchase, or condemnation by eminent domain

22  proceedings, as the authority may deem necessary for any of

23  the purposes of this act, including, but not limited to, any

24  lands reasonably necessary for securing applicable permits,

25  areas necessary for management of access, borrow pits,

26  drainage ditches, water retention areas, replacement access

27  for landowners whose access is impaired due to the improvement

28  of an airport system, and replacement rights-of-way for

29  relocated rail and utility facilities; or for existing,

30  proposed, or anticipated transportation facilities within the

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  1  airport system. The authority may also condemn any material

  2  and property necessary for such purposes.

  3         (2)  The right of eminent domain conferred by this act

  4  must be exercised by an authority in the manner provided by

  5  law.

  6         332.208  Cooperation with other units, boards,

  7  agencies, and individuals.--Express authority and power is

  8  given and granted to any county, municipality, drainage

  9  district, road and bridge district, school district, or other

10  political subdivision, board, commission, or individual in or

11  of this state to enter into contracts, leases, conveyances, or

12  other agreements within the provisions and purposes of this

13  act with an authority. An authority may enter into contracts,

14  leases, conveyances, and other agreements, to the extent

15  consistent with this chapter and chapters 330, 331, and 333

16  and other provisions of the laws of the state, with any

17  political subdivision, agency, or instrumentality of the state

18  and any federal agency, corporation, and individual, for the

19  purpose of carrying out the provisions of this act.

20         332.209  Covenant of the state.--The state does hereby

21  pledge to, and agrees with, any person, firm, corporation, or

22  federal or state agency subscribing to or acquiring the bonds

23  to be issued by an authority for the purposes of this act that

24  the state will not limit or alter the rights hereby vested in

25  an authority and the department until all bonds at any time

26  issued, together with the interest thereon, are fully paid and

27  discharged, insofar as the same affects the rights of the

28  holders of bonds issued hereunder. The state does further

29  pledge to, and agrees with, the United States that, in the

30  event any federal agency constructs, or contributes any funds

31  for the completion, extension, or improvement of, an airport

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  1  system or any part or portion thereof, the state will not

  2  alter or limit the rights and powers of an authority and the

  3  department in any manner which would be inconsistent with the

  4  continued maintenance and operation of the airport system or

  5  the completion, extension, or improvement thereof or which

  6  would be inconsistent with the due performance of any

  7  agreement between the authority and any such federal agency,

  8  and the authority and the department shall continue to have

  9  and may exercise all powers granted so long as the same shall

10  be necessary or desirable for carrying out the purposes of

11  this act and the purposes of the United States in the

12  completion, extension, or improvement of the airport system or

13  any part or portion thereof.

14         332.210  Exemption from taxation.--The effectuation of

15  the authorized purposes of an airport authority is in all

16  respects for the benefit of the people of the state, for the

17  increase of their commerce and prosperity, and for the

18  improvement of their health and living conditions. For this

19  reason, an authority is not required to pay any taxes or

20  assessments of any kind or nature whatsoever upon any property

21  acquired by it or used by it for such purposes or upon any

22  revenues at any time received by it. The bonds issued by or on

23  behalf of an authority, their transfer, and the income

24  therefrom, including any profits made on the sale thereof, are

25  exempt from taxation of any kind by the state or by any

26  political subdivision or other taxing agency or

27  instrumentality thereof. The exemption granted by this section

28  does not apply to any tax imposed under chapter 220 on

29  interest, income, or profits on debt obligations owned by

30  corporations.

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  1         332.211  Exemption from applicability.--This act does

  2  not apply in a county in which an authority has been created

  3  pursuant to a general or special act of the Legislature for

  4  the purpose of owning, building, or operating an airport.

  5         Section 2.  The provisions of this act shall not apply

  6  to any county which has created its own airport authority.

  7         Section 3.  Members of the authority created pursuant

  8  to section 1 of this act are required to file full and public

  9  disclosure of financial interests pursuant to s. 112.3144,

10  Florida Statutes.

11         Section 4.  This act shall take effect July 1, 2002.

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14                          HOUSE SUMMARY

15
      Creates the "Florida Airport Authority Act" to permit
16    authorities which are created and established pursuant to
      referendum to acquire, hold, construct, improve,
17    maintain, own, and lease an airport system. See bill for
      details.
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