SENATE AMENDMENT
Bill No. SB 48-B
Amendment No. 1 Barcode 795698
CHAMBER ACTION
Senate House
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11 The Committee on Transportation recommended the following
12 amendment:
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14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
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17 and insert:
18 Section 1. A new subsection (8) is added to section
19 332.007, Florida Statutes to read:
20 332.007 Administration and financing of aviation and
21 airport programs and projects; state plan.--
22 (8) Notwithstanding any other provision of law to the
23 contrary, the department is authorized to provide operational
24 and maintenance assistance to publicly owned public-use
25 airports. Such assistance shall be to comply with enhanced
26 federal security requirements or to address related economic
27 impacts from the events of September 11, 2001. For projects in
28 the current adopted work program, or projects added using the
29 available budget of the department, airports may request the
30 department change the project purpose in accordance with this
31 provision notwithstanding the provisions of s. 339.135(7). For
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SENATE AMENDMENT
Bill No. SB 48-B
Amendment No. 1 Barcode 795698
1 purposes of this subsection, the department may fund up to 100
2 percent of eligible project costs that are not funded by the
3 federal government. Prior to releasing any funds under this
4 section, the department shall review and approve the
5 expenditure plans submitted by the airport. This subsection
6 shall expire on June 30, 2003.
7 Section 2. Any multicounty airport authority created
8 as an independent special district which is subject to a
9 development-of-regional-impact development order and which has
10 conducted a noise study in accordance with 14 C.F.R. Part 150
11 shall, in fiscal year 2002, establish a
12 noise-mitigation-project fund in an amount of $7.5 million,
13 which shall be increased by another $2.5 million in fiscal
14 year 2004. The moneys in the project fund shall be segregated
15 and expended by the airport authority by December 31, 2006, to
16 the extent necessary to comply with development-order
17 commitments to acquire property from or otherwise mitigate
18 property owners adversely affected by the development of
19 regional impact. If moneys are not expended for such purposes
20 by December 31, 2006, the airport authority shall not
21 thereafter amend its development-of-regional-impact
22 development order or commence development of airport
23 infrastructure improvements authorized by such development
24 order until such funds are fully expended for such purposes.
25 Section 3. Effective July 1, 2002, sections 332.201,
26 332.202, 332.203, 332.204, 332.205, 332.206, 332.207, 332.208,
27 332.209, 332.210, and 332.211, Florida Statutes, are created
28 to read:
29 332.201 Short title.--Sections 332.201-332.211 may be
30 cited as the "Florida Airport Authority Act."
31 332.202 Definitions.--As used in this act:
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SENATE AMENDMENT
Bill No. SB 48-B
Amendment No. 1 Barcode 795698
1 (1) "Agency of the state" means and includes the state
2 and any department of, or corporation, agency, or
3 instrumentality created, designated, or established by, the
4 state.
5 (2) "Airport" means any area of land or water, or any
6 manmade object or facility located therein, which is used, or
7 intended for public use, for the landing and takeoff of
8 aircraft, and any appurtenant areas which are used, or
9 intended for public use, for airport buildings or other
10 airport facilities or rights-of-way.
11 (3) "Airport system" means any and all airports within
12 the geographic boundaries of an airport authority established
13 pursuant to this act and appurtenant facilities thereto,
14 including, but not limited to, all approaches, roads, bridges,
15 and avenues of access for such airport.
16 (4) "Authority" means an airport authority established
17 pursuant to this act which is a body politic and corporate and
18 a public instrumentality.
19 (5) "Bonds" means and includes the notes, bonds,
20 refunding bonds, or other evidences of indebtedness or
21 obligations, in either temporary or definitive form, which an
22 authority issues pursuant to this act.
23 (6) "Department" means the Department of
24 Transportation.
25 (7) "Division" means the Division of Bond Finance of
26 the State Board of Administration.
27 (8) "Express written consent" means prior express
28 written consent given in the form of a resolution adopted by a
29 board of county commissioners.
30 (9) "Federal agency" means and includes the United
31 States, the President of the United States, and any department
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1 of, or corporation, agency, or instrumentality created,
2 designated, or established by, the United States.
3 332.203 Airport authority; formation; membership.--
4 (1) Any county which has a population of more than 2.1
5 million people shall at the countywide election hold a
6 referendum in which the electors shall decide whether to form
7 an airport authority, which shall be an agency of the state,
8 pursuant to this act.
9 (2) The governing body of the authority shall consist
10 of seven voting members, two of whom shall be appointed by the
11 Governor subject to confirmation by the Senate. Each member of
12 the governing body must at all times during his or her term of
13 office be a permanent resident of the county which he or she
14 is appointed to represent.
15 (a) The two members of the governing body appointed by
16 the Governor, subject to confirmation by the Senate, shall
17 serve terms of 4 years. Such persons may not hold elective
18 office during their terms of office.
19 (b) Two members shall be appointed by the County
20 Ethics Commission.
21 (c) One member shall be appointed by the County Mayor.
22 (d) Two members shall be appointed by the County
23 Commission. At least one of the members appointed by the
24 County Commission must possess expertise in airport security.
25 (3)(a) The governing body of each authority shall
26 elect one of its members as its chair and shall elect a
27 secretary and a treasurer, who need not be members of the
28 authority. The chair, secretary, and treasurer shall hold
29 their offices at the will of the governing body. A simple
30 majority of the governing body constitutes a quorum, and the
31 vote of a majority of those members present is necessary for
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1 the governing body to take any action. A vacancy on a
2 governing body shall not impair the right of a quorum of the
3 governing body to exercise all of the rights and perform all
4 of the duties of the authority.
5 (b) Upon the effective date of his or her appointment,
6 or as soon thereafter as practicable, each appointed member of
7 a governing body shall enter upon his or her duties.
8 (4)(a) An authority may employ an executive secretary,
9 an executive director, its own counsel and legal staff,
10 technical experts, and such engineers and employees, permanent
11 or temporary, as it may require and shall determine the
12 qualifications and fix the compensation of such persons,
13 firms, or corporations. An authority may employ a fiscal agent
14 or agents; however, the authority must solicit sealed
15 proposals from at least three persons, firms, or corporations
16 for the performance of any services as fiscal agent. An
17 authority may delegate to one or more of its agents or
18 employees such of its power as it deems necessary to carry out
19 the purposes of this act, subject always to the supervision
20 and control of the authority.
21 (b) Members of the governing body of an authority may
22 be removed from office by the Governor for misconduct,
23 malfeasance, misfeasance, or nonfeasance in office.
24 (c) Members of the governing body of an authority are
25 entitled to receive from the authority their travel and other
26 necessary expenses incurred in connection with the business of
27 the authority as provided in s. 112.061, but they may not draw
28 salaries or other compensation.
29 (d) Members of the governing body of an authority
30 shall be required to comply with the applicable financial
31 disclosure requirements of ss. 112.3144, 112.3148, and
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SENATE AMENDMENT
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Amendment No. 1 Barcode 795698
1 112.3149.
2 (5) No member or spouse shall be the holder of the
3 stocks or bonds of any company, other than through ownership
4 of shares in a mutual fund, regulated by the authority, or any
5 affiliated company of any company regulated by the authority,
6 or be an agent or employee of, or have any interest in, any
7 company regulated by the authority or any affiliated company
8 of any company regulated by the authority, or in any firm
9 which represents in any capacity either companies which are
10 regulated by the authority or affiliates of companies
11 regulated by the authority. As a condition of appointment to
12 the council, each appointee shall affirm to the Speaker and
13 the President his or her qualification by the following
14 certification: "I hereby certify that I am not a stockholder,
15 other than through ownership of shares in a mutual fund, in
16 any company regulated by the authority or in any affiliate of
17 a company regulated by the authority, nor in any way, directly
18 or indirectly, in the employment of, or engaged in the
19 management of any company regulated by the authority or any
20 affiliate of a company regulated by the authority, or in any
21 firm which represents in any capacity either companies which
22 are regulated by the authority or affiliates of companies
23 regulated by the authority." A member of the authority shall
24 not contribute to the campaign account of any elected
25 official, nor solicit any campaign contributions for any
26 elected official.
27 332.204 Purposes and powers.--
28 (1)(a) An authority created and established pursuant
29 to this act may acquire, hold, construct, improve, maintain,
30 operate, own, and lease an airport system.
31 (b) Construction of an airport system may be completed
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Bill No. SB 48-B
Amendment No. 1 Barcode 795698
1 by an authority in segments, phases, or stages, in a manner
2 which will permit the expansion of these segments, phases, or
3 stages to the desired airport configuration. Each authority,
4 in the construction of an airport system, may construct any
5 extensions of, additions to, or improvements to, the airport
6 system or appurtenant facilities, including all necessary
7 approaches, roads, bridges, and avenues of access, with such
8 changes, modifications, or revisions of the project that are
9 deemed desirable and proper. An authority may only add
10 additional airports to an airport system, under the terms and
11 conditions set forth in this act, with the prior express
12 written consent of the board of county commissioners of each
13 county located within the geographic boundaries of the
14 authority, and only if such additional airports are
15 financially feasible, and are compatible with the existing
16 plans, projects, and programs of the authority.
17 (2) Each authority may exercise all powers necessary,
18 appurtenant, convenient, or incidental to the carrying out of
19 its purposes, including, but not limited to, the following
20 rights and powers:
21 (a) To sue and be sued, implead and be impleaded, and
22 complain and defend in all courts.
23 (b) To adopt, use, and alter at will a corporate seal.
24 (c) To acquire, purchase, hold, lease as lessee, and
25 use any franchise or property, real, personal, or mixed,
26 tangible or intangible, or any interest therein necessary or
27 desirable for carrying out the purposes of the authority and
28 to sell, lease as lessor, transfer, and dispose of any
29 property or interest therein at any time acquired by it.
30 (d) To enter into and make leases, either as lessee or
31 as lessor, in order to carry out the right to lease as set
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Amendment No. 1 Barcode 795698
1 forth in this act.
2 (e) To fix, alter, charge, establish, and collect
3 rates, fees, rentals, and other charges for the services and
4 facilities of the airport system, which rates, fees, rentals,
5 and other charges must always be sufficient to comply with any
6 covenants made with the holders of any bonds issued pursuant
7 to this act.
8 (f) To borrow money, make and issue negotiable notes,
9 bonds, refund bonds and other evidence of indebtedness, either
10 in temporary or definitive form, of the authority, which bonds
11 or other evidence of indebtedness may be issued pursuant to
12 the State Bond Act, to finance an airport system within the
13 geographic boundaries of the authority, and to provide for the
14 security of the bonds or other evidence of indebtedness and
15 the rights and remedies of the holders of the bonds or other
16 evidence of indebtedness. Any bonds or other evidence of
17 indebtedness pledging the full faith and credit of the state
18 shall only be issued pursuant to the State Bond Act.
19 (g) To enter into contracts and to execute all
20 instruments necessary or convenient for the carrying on of its
21 business.
22 (h) Without limitation of the foregoing, to borrow
23 money and accept grants from, and to enter into contracts,
24 leases, or other transactions with, any federal agency, the
25 state, any agency of the state or county, or any other public
26 body of the state.
27 (i) To have the power of eminent domain, including the
28 procedural powers granted under chapters 73 and 74.
29 (j) To pledge, hypothecate, or otherwise encumber all
30 or any part of the revenues, rates, fees, rentals, or other
31 charges or receipts of the authority, as security for all or
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1 any of the obligations of the authority.
2 (k) To do all acts and things necessary or convenient
3 for the conduct of its business and the general welfare of the
4 authority in order to carry out the powers granted to it by
5 law.
6 (l) An airport authority may consider any unsolicited
7 proposals from private entities and all factors it deems
8 important in evaluating such proposals. The airport authority
9 shall adopt rules or policies in compliance with s. 334.30 for
10 the receipt, evaluation, and consideration of such proposals
11 in order to enter into agreements for the planning design,
12 engineering, construction, operation, ownership, or financing
13 of its airport system. Such rules must require substantially
14 similar technical information as is required by Rule
15 14-107.0011(3)(a)-(e), Florida Administrative Code. In
16 accepting a proposal and entering into such an agreement, the
17 airport authority and the private entity shall for all
18 purposes be deemed to have complied with chapters 255 and 287.
19 Similar proposals shall be reviewed and acted on by the
20 authority in the order in which they were received. An
21 additional airport may only be constructed under this
22 paragraph with state and federal approval, and with the prior
23 express written consent of the board of county commissioners
24 of each county located within the geographical boundaries of
25 the authority.
26 (3) The use or pledge of any portion of county tax
27 funds may not be made without the prior express written
28 consent of the board of county commissioners of each county
29 located within the geographic boundaries of the authority.
30 (4) Any authority formed pursuant to this act shall
31 comply with all statutory requirements of general application
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1 which relate to the filing of any report or documentation
2 required by law, including the requirements of ss. 189.4085,
3 189.415, 189.417, and 189.418.
4 (5) No airport authority shall undertake any
5 construction that is not consistent with federal aviation
6 requirements, the statewide aviation system plan, and the
7 county's comprehensive plan.
8 (6) The governing body of the county may enter into an
9 interlocal agreement with an authority pursuant to chapter 163
10 for the joint performance or performance by either
11 governmental entity of any corporate function of the county or
12 authority necessary or appropriate to enable the authority to
13 fulfill the powers and purposes of this act and promote the
14 efficient and effective transportation of persons and goods in
15 such county.
16 332.205 Bonds.--With the prior express written consent
17 of the board of county commissioners of each county located
18 within the geographic boundaries of an authority, bonds may be
19 issued on behalf of an authority as provided by the State Bond
20 Act.
21 332.206 County may be appointed agent of authority for
22 construction.--The county may be appointed by the authority as
23 its agent for the purpose of constructing improvements to an
24 airport system and for the completion thereof. In such event,
25 the authority shall provide the county with complete copies of
26 all documents, agreements, resolutions, contracts, and
27 instruments relating thereto; shall request the county to do
28 such construction work, including the planning, surveying, and
29 actual construction of the completion and improvements to the
30 airport system; and shall transfer to the credit of an account
31 of the county the necessary funds therefor.
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1 332.207 Acquisition of lands and property.--
2 (1) For the purposes of this act, an airport authority
3 may acquire private or public property and property rights,
4 including rights of access, air, view, and light, by gift,
5 devise, purchase, or condemnation by eminent domain
6 proceedings, as the authority may deem necessary for any of
7 the purposes of this act, including, but not limited to, any
8 lands reasonably necessary for securing applicable permits,
9 areas necessary for management of access, borrow pits,
10 drainage ditches, water retention areas, replacement access
11 for landowners whose access is impaired due to the improvement
12 of an airport system, and replacement rights-of-way for
13 relocated rail and utility facilities; or for existing,
14 proposed, or anticipated transportation facilities within the
15 airport system. The authority may also condemn any material
16 and property necessary for such purposes.
17 (2) The right of eminent domain conferred by this act
18 must be exercised by an authority in the manner provided by
19 law.
20 332.208 Cooperation with other units, boards,
21 agencies, and individuals.--Express authority and power is
22 given and granted to any county, municipality, drainage
23 district, road and bridge district, school district, or other
24 political subdivision, board, commission, or individual in or
25 of this state to enter into contracts, leases, conveyances, or
26 other agreements within the provisions and purposes of this
27 act with an authority. An authority may enter into contracts,
28 leases, conveyances, and other agreements, to the extent
29 consistent with this chapter and chapters 330, 331, and 333
30 and other provisions of the laws of the state, with any
31 political subdivision, agency, or instrumentality of the state
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1 and any federal agency, corporation, and individual, for the
2 purpose of carrying out the provisions of this act.
3 332.209 Covenant of the state.--The state does hereby
4 pledge to, and agrees with, any person, firm, corporation, or
5 federal or state agency subscribing to or acquiring the bonds
6 to be issued by an authority for the purposes of this act that
7 the state will not limit or alter the rights hereby vested in
8 an authority and the department until all bonds at any time
9 issued, together with the interest thereon, are fully paid and
10 discharged, insofar as the same affects the rights of the
11 holders of bonds issued hereunder. The state does further
12 pledge to, and agrees with, the United States that, in the
13 event any federal agency constructs, or contributes any funds
14 for the completion, extension, or improvement of, an airport
15 system or any part or portion thereof, the state will not
16 alter or limit the rights and powers of an authority and the
17 department in any manner which would be inconsistent with the
18 continued maintenance and operation of the airport system or
19 the completion, extension, or improvement thereof or which
20 would be inconsistent with the due performance of any
21 agreement between the authority and any such federal agency,
22 and the authority and the department shall continue to have
23 and may exercise all powers granted so long as the same shall
24 be necessary or desirable for carrying out the purposes of
25 this act and the purposes of the United States in the
26 completion, extension, or improvement of the airport system or
27 any part or portion thereof.
28 332.210 Exemption from taxation.--The effectuation of
29 the authorized purposes of an airport authority is in all
30 respects for the benefit of the people of the state, for the
31 increase of their commerce and prosperity, and for the
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1 improvement of their health and living conditions. For this
2 reason, an authority is not required to pay any taxes or
3 assessments of any kind or nature whatsoever upon any property
4 acquired by it or used by it for such purposes or upon any
5 revenues at any time received by it. The bonds issued by or on
6 behalf of an authority, their transfer, and the income
7 therefrom, including any profits made on the sale thereof, are
8 exempt from taxation of any kind by the state or by any
9 political subdivision or other taxing agency or
10 instrumentality thereof. The exemption granted by this section
11 does not apply to any tax imposed under chapter 220 on
12 interest, income, or profits on debt obligations owned by
13 corporations.
14 332.211 Exemption from applicability.--This act does
15 not apply in a county in which an authority has been created
16 pursuant to a general or special act of the Legislature for
17 the purpose of owning, building, or operating an airport.
18 Section 4. The provisions of the Florida Airport
19 Authority Act, sections 332.201-332.211, Florida Statutes,
20 shall not apply to any county which has created its own
21 airport authority.
22 Section 5. Members of the authority created pursuant
23 to the Florida Airport Authority Act, sections
24 332.201-332.211, Florida Statutes, are required to file full
25 and public disclosure of financial interests pursuant to
26 section 112.3144, Florida Statutes.
27 Section 6. This act shall take effect upon becoming a
28 law.
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SENATE AMENDMENT
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Amendment No. 1 Barcode 795698
1 ================ T I T L E A M E N D M E N T ===============
2 And the title is amended as follows:
3 Delete everything before the enacting clause
4
5 and insert:
6 A bill to be entitled
7 An act relating to airports, amending s.
8 332.007, F.S.; providing economic assistance to
9 airports; providing for noise mitigation for
10 certain airports; creating ss. 332.201,
11 332.202, 332.203, 332.204, 332.205, 332.206,
12 332.207, 332.208, 332.209, 332.210, and
13 332.211, F.S.; creating the Florida Airport
14 Authority Act; providing definitions; providing
15 that certain counties shall form an airport
16 authority; providing that certain former
17 military facilities redeveloped and operated as
18 an airport shall be redeveloped and operated by
19 an authority under the act, and providing for
20 membership of the governing body of such
21 authorities; providing for appointment of
22 members of the governing body of an authority;
23 providing for officers, employees, expenses,
24 removal from office, and application of
25 financial disclosure provisions; providing
26 purposes and powers of an authority; providing
27 restrictions on authority powers; providing for
28 issuance of bonds; providing that the county
29 may be appointed as an authority's agent for
30 construction; providing for acquisition of
31 lands and property; providing for cooperation
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1 with other units, boards, agencies, and
2 individuals; providing a covenant of the state
3 with respect to bond issuance and agreements
4 with federal agencies; providing an exemption
5 from taxation; providing for applicability;
6 requiring members of the authority to file
7 financial disclosure; providing an effective
8 date.
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