House Bill hb0975

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    Florida House of Representatives - 2001                 HB 975

        By Representative Spratt






  1                      A bill to be entitled

  2         An act relating to the Sebring Airport

  3         Authority, Highlands County; amending s. 8, ch.

  4         67-2070, Laws of Florida, as amended;

  5         increasing the threshold for requiring bids for

  6         the purchase of property and services; amending

  7         s. 3, ch. 67-2070, Laws of Florida, as amended;

  8         including additional property under the

  9         jurisdiction of the authority; amending s. 6,

10         ch. 67-2070, Laws of Florida, as amended;

11         providing additional powers and duties of the

12         authority; requiring the authority to maintain

13         confidentiality of records made confidential

14         pursuant to general law; amending s. 4, ch.

15         67-2070, Laws of Florida, as amended; providing

16         that an affirmative vote of a majority of the

17         members present at a meeting where there is a

18         quorum shall be necessary for any action by the

19         board; providing an effective date.

20

21         WHEREAS, the Sebring Airport Authority owns and

22  operates an airport and industrial park in Highlands County,

23  and

24         WHEREAS, the threshold for requiring bids for the

25  purchase of property and services by the authority is

26  presently $5,000, which is unreasonably restrictive, and

27         WHEREAS, the Authority has recently acquired additional

28  land, which should be included within the area over which it

29  exercises its power and jurisdiction, and

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  1         WHEREAS, the Authority could better attract potential

  2  tenants for its industrial park if it could maintain certain

  3  of their records confidential, as allowed by general law, and

  4         WHEREAS, four members of the seven-member board

  5  constitutes a quorum for meetings but the affirmative vote of

  6  a majority of the entire board is required for any action to

  7  be taken, which means that a unanimous vote is required for

  8  any action by the board at a meeting where the minimum quorum

  9  is present, which is unnecessarily restrictive, NOW THEREFORE,

10

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

12

13         Section 1.  Section 8 of chapter 67-2070, Laws of

14  Florida, as amended by section 3 of chapter 89-484, Laws of

15  Florida, is amended to read:

16         Section 8.  No contract for the construction, repair,

17  or alteration or otherwise of any facility or part of the

18  same, or the purchase of equipment, services, or supplies

19  involving an expenditure of more than $10,000 five thousand

20  dollars ($5,000.00), shall be awarded let by the Authority

21  unless the Authority advertises for sealed bids at least once

22  a week for 2 two (2) consecutive weeks and such contract is

23  awarded let to the lowest responsible bidder. However,

24  provided the Authority may hereunder created shall have the

25  authority to reject all bids.

26         Section 2.  Subsection (a) of section 3 of chapter

27  67-2070, Laws of Florida, as amended by section 1 of chapter

28  95-526, Laws of Florida, is amended to read:

29         Section 3.  (a)  The Sebring Airport Authority shall

30  exercise its powers and jurisdiction over the property now

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    Florida House of Representatives - 2001                 HB 975

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  1  known as "Sebring Air Terminal" and/or "Sebring Industrial Air

  2  Park," as follows:

  3

  4         The West Half (W1/2) of Section 4; All of

  5         Section 5, less and except that portion of the

  6         North Half (N1/2) lying West of the canal and

  7         the Railroad right-of-way spur; the Southeast

  8         Quarter (SE1/4) of the Southeast Quarter

  9         (SE1/4) of Section 6; All of Section 7, less

10         and except that portion of the West Half (W1/2)

11         lying northerly of State Road No. 623 and West

12         of the canal; All of Section 8; the West Half

13         (W1/2) of Section 9; and that part of Section

14         18 lying North and West of the airport access

15         road, less and except the following land deeded

16         to the Humane Society generally described as

17         being a 10-acre tract lying adjacent to the

18         westerly boundary of the Hendricks Field access

19         road and adjacent to and South of the north

20         boundary of Section 18, Township 35 South,

21         Range 30 East, more particularly described as

22         follows: Commencing as a point of beginning at

23         the intersection of the westerly boundary of

24         Hendricks Field access road (said road being

25         100 feet in width, being 50 feet on either side

26         of said center line) with the North boundary of

27         Section 18, Township 35 South, Range 30 East,

28         Highlands County, Florida, thence South

29         89°01'45" West along the North boundary of

30         Section 18 a distance of 505.70 feet to a

31         point, thence South 01°54'30" East a distance

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    Florida House of Representatives - 2001                 HB 975

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  1         of 908.84 feet to a point, thence North

  2         88°05'30" East a distance of 500.00 feet to a

  3         point on the westerly boundary of Hendricks

  4         Field access road, thence North 01°54'30" West

  5         along the westerly boundary of the Hendricks

  6         Field access road a distance of 718.68 feet to

  7         a point of curve, thence along a curve to the

  8         right having a radius of 2,914.79 feet an arc

  9         distance of 181.32 feet to the point of

10         beginning.

11

12         All of the above described land lying in

13         Township 35 South, Range 30 East, Highlands

14         County, Florida.

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16         All of that property now owned by the City of Sebring

17  and known as Sebring Air Terminal shall be gratuitously

18  transferred and conveyed to the Sebring Airport Authority,

19  subject to any reservations or restrictions of record or

20  existing leases, and subject to the restriction that none of

21  said property may be sold at any time without the consent of

22  the City of Sebring.

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24         The Sebring Airport Authority shall also exercise its

25  powers and jurisdiction over the following property, subject

26  to the power and authority of the Spring Lake Improvement

27  District, Spring Lake Property Association, Inc., county

28  zoning, and other restrictions:

29

30         All of Parcel C, SPRING LAKE VILLAGE IV,

31         according to the plat thereof recorded in Plat

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    Florida House of Representatives - 2001                 HB 975

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  1         Book 9, Page 75 of the Public Records of

  2         Highlands County.

  3         Section 3.  Subsection (o) is added to section 6 of

  4  chapter 67-2070, Laws of Florida, as amended by section 2 of

  5  chapter 89-484, Laws of Florida, and section 2 of chapter

  6  95-526, Laws of Florida, to read:

  7         Section 6.  The Sebring Airport Authority is hereby

  8  authorized and empowered:

  9         (o)  To promote the general business interest and

10  industrial interest of the City of Sebring and Highlands

11  County and operate under the terms of section 288.075, Florida

12  Statutes, and to maintain the confidentiality and exemption

13  from disclosure of records made confidential and exempt from

14  disclosure by that statute.

15         Section 4.  Section 4 of chapter 67-2070, Laws of

16  Florida, as amended by section 1 of chapter 82-382 and section

17  1 of chapter 89-484, Laws of Florida, is amended to read:

18         Section 4.  The Sebring Airport Authority shall be

19  governed by a board of seven (7) members, known as Sebring

20  Airport Authority Board. The initial members of the said board

21  shall be appointed by the City Council of the City of Sebring

22  for staggered terms as follows: Two (2) members to be

23  appointed for a term to expire on the first Tuesday after the

24  first Monday in January, 1968; two (2) members to be appointed

25  for a term to expire on the first Tuesday after the first

26  Monday in January, 1969; two (2) members to be appointed for a

27  term to expire on the first Tuesday after the first Monday in

28  January, 1970; and the other member to be appointed for a term

29  to expire on the first Tuesday after the first Monday in

30  January, 1971. At the expiration of each term a successor

31  shall be appointed to fill such vacancies for a term of four

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  1  (4) years. Vacancies in office shall be filled by appointment

  2  of said City Council for the remainder of the unexpired term.

  3  All such appointments after the initial ones provided for in

  4  this Act shall be selected by the City Council from a list

  5  containing at least twice as many nominees as vacancies. At

  6  least four (4) members of the board shall be qualified

  7  electors of the City of Sebring. Should the said City Council

  8  be unable by a majority vote to select a successor from the

  9  original list submitted to them by said board, the said board

10  shall submit to said City Council an additional list

11  containing at least twice as many nominees as vacancies. Upon

12  the reconsideration, the City Council may select from the

13  initial or replacement list. The original list shall be

14  submitted to said City Council within ten (10) days from the

15  expiration of the term of any member of said Authority, and

16  within twenty (20) days from the resignation, death or removal

17  for cause of any member of said Authority. During any vacancy

18  or vacancies for any reason or reasons, the remaining members

19  of said board shall constitute said board with full power and

20  authority to act as though there was no vacancy in the

21  membership of said board. Members shall receive such

22  compensation for their services and reimbursement for verified

23  travel and other expenses as shall be provided for by

24  resolution of said board. Four (4) members shall constitute a

25  quorum for meetings and an affirmative vote of a majority of

26  the members present shall be necessary for any action taken by

27  the Authority. There is hereby created an interim term

28  commencing at the expiration of the term of each board member

29  serving on July 1, 1989, and ending on the thirtieth day of

30  April of the respective calendar year. Said interim term shall

31  be filled by appointment by the City Council as herein

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  1  provided. Successive four (4) year terms shall begin on the

  2  first day of May of the respective year.

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

  4  law.

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