Senate Bill sb2556

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    Florida Senate - 2002        (NP)                      SB 2556

    By Senator Smith





    5-1557-02                                          See HB 1215

  1                      A bill to be entitled

  2         An act relating to the Gainesville-Alachua

  3         County Regional Airport Authority; amending

  4         chapter 86-469, Laws of Florida, as amended;

  5         changing the classification of the Authority

  6         from a dependent special district to an

  7         independent special district; revising the

  8         composition of the membership of the Authority;

  9         providing for the conduct of business

10         consistent with the change in membership;

11         deleting obsolete provisions; authorizing the

12         creation of a Board of Trustees to whom powers

13         of the Authority may be delegated; providing an

14         effective date.

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

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18         Section 1.  Section 3 of chapter 86-469, Laws of

19  Florida, as amended by chapter 95-457, Laws of Florida, is

20  amended to read:

21         Section 3.  Gainesville-Alachua County Regional Airport

22  Authority.--

23         (1)  CREATION AND PURPOSE.--For the purpose of managing

24  and operating the airport and airport facilities, there is

25  hereby created an independent a dependent special district to

26  be known as the Gainesville-Alachua County Regional Airport

27  Authority.  The exercise by the authority of the powers

28  conferred upon it by this act will be deemed to be for an

29  essential and proper purpose.

30         (2)  MEMBERSHIP.--The powers of the authority shall be

31  vested in its members in office from time to time.  There

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    Florida Senate - 2002        (NP)                      SB 2556
    5-1557-02                                          See HB 1215




  1  shall be five nine members. The Authority shall be composed of

  2  two members to be appointed by the Gainesville City

  3  Commission; one member to be appointed by the Board of County

  4  Commissioners of Alachua County; the President of the

  5  University of Florida or a Vice President of the University of

  6  Florida designated by the President; and one member to be

  7  appointed by the Governor. As a condition of eligibility for

  8  appointment and to hold office, each member shall reside

  9  within the city or county. No person shall serve as a member

10  of the authority and, at the same time, hold any publicly

11  elected office in the State of Florida.

12         (3)  INITIAL APPOINTMENTS; EXPIRATION OF TERMS.--The

13  current terms of office of members appointed under chapter

14  86-469, Laws of Florida, shall expire on October 1, 2002.

15  Initial appointments shall be as follows:

16         (a)  The initial members of the authority shall consist

17  of:

18         1.  All members of the preexisting authority; and

19         2.  The four members separately appointed by the

20  Governor and the county to the authority created by chapter

21  85-378, Laws of Florida.

22         (b)  If any of the members designated in paragraph (a)

23  declines to serve, such office shall be filled within 30 days

24  of the effective date of this act, as follows:

25         1.  The Governor shall replace by appointment any of

26  the three members appointed by him under chapter 85-378, Laws

27  of Florida;

28         2.  The board of county commissioners shall replace by

29  appointment the member appointed thereby under chapter 35-378,

30  Laws of Florida; and

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    Florida Senate - 2002        (NP)                      SB 2556
    5-1557-02                                          See HB 1215




  1         3.  The city commission shall replace by appointment

  2  any of the remaining members.

  3         (c)  The term of any member initially appointed under

  4  this act shall expire on July 31 of the year such member's

  5  term was scheduled to expire under chapter 85-378, Laws of

  6  Florida, or under Gainesville City Ordinance No. 2721/0-82-33,

  7  as appropriate, except that the term of any such member

  8  previously appointed by the city who was also subsequently

  9  appointed to the authority created under chapter 85-378, Laws

10  of Florida, shall expire on July 31 of the year which

11  represents the later expiration date of the two appointments.

12         (4)  SUBSEQUENT APPOINTMENTS; TERMS.--Upon expiration

13  of initial terms of office:

14         (a)  Subsequent appointments shall be made by the

15  appropriate appointing entity on or prior to the date of

16  expiration of the preceding term in the same manner as

17  described in paragraph (3)(b). In the event an appointment has

18  not been made by such date, the Governor shall make the

19  appointment within 20 days thereafter.

20         (b)  All members shall serve 3-year terms of office,

21  beginning on August 1 and expiring on July 31 of the

22  appropriate year.

23         (5)  FILLING OF VACANCIES.--Except as may be otherwise

24  provided herein, vacancies in office shall be filled for the

25  balance of the term by the appropriate appointing entity, in

26  the same manner as set forth in paragraph (3)(b).  In such

27  cases, the appointment shall be made no later than 30 days

28  after the office has become vacant.  In the event an

29  appointment has not been made by such date, the Governor shall

30  make the appointment within 20 days thereafter.

31         (6)  ORGANIZATION; MEETINGS; NOTICE; QUORUM.--

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    Florida Senate - 2002        (NP)                      SB 2556
    5-1557-02                                          See HB 1215




  1         (a)  A chairman, vice chairman, and secretary/treasurer

  2  shall be chosen by and from the authority membership.  The

  3  chairman, vice chairman, and secretary/treasurer shall each

  4  serve a term of office of 1 year, and no member shall hold the

  5  same office for more than 2 consecutive terms.

  6         (b)1.  The authority shall meet at the call of the

  7  chairman, at the request of three or more of its members, and

  8  at such other times as may be prescribed by rule of the

  9  authority.

10         2.  The authority shall give reasonable notice of all

11  meetings at least 48 hours prior thereto, which shall be

12  published in a newspaper in general circulation in Alachua

13  County, and shall include agenda items whenever such items

14  involve leasing of any airport property.  All meetings of the

15  authority shall be so noticed except emergency meetings which

16  shall only be called when there is an immediate danger to the

17  public health, safety or welfare.

18         (c)  The presence of five members is required to

19  constitute a quorum, and the affirmative vote of a majority of

20  the members present and eligible to vote, but no fewer than

21  four of the members present and eligible to vote, is required

22  for any action or recommendation by the authority.

23         (7)  REMOVAL FROM OFFICE.--A member may be removed by

24  the entity appointing such member, but only upon grounds

25  constituting misfeasance, neglect of duty, incompetence,

26  permanent inability to perform official duties, or commission

27  of a felony.  The unexcused failure to attend three

28  consecutive regular meetings of the authority shall be deemed

29  neglect of duty, without limiting the meaning of that term.

30         (8)  RESTRICTIONS.--

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    Florida Senate - 2002        (NP)                      SB 2556
    5-1557-02                                          See HB 1215




  1         (a)  No person who has transacted business with the

  2  authority shall be eligible for appointment to the authority

  3  until 3 years after the last transaction.  No person who has

  4  served on the authority shall be eligible to transact business

  5  with the authority until 3 years after his last date of

  6  service.  Said transactions include transactions either for

  7  oneself or as an employee of, agent for, or consultant to any

  8  other person or legal entity.  However, nothing in this

  9  paragraph shall be construed as prohibiting an appointed

10  member from purchasing supplies or services from any

11  fixed-base operators or tenants at the airport or airport

12  industrial park.

13         (b)  No member, officer, agent, or employee of the

14  authority, either for himself or as agent for anyone else, or

15  as a stockholder or owner in any other legal entity, shall

16  participate in or benefit directly or indirectly from any

17  sale, purchase, lease, franchise, contract, or other

18  transaction, entered into by the authority or the city.  The

19  provisions of this paragraph shall be cumulative to any

20  general laws of the state which may from time to time be

21  applicable to members, officers, agents or employees of the

22  authority and which require the disclosure of, or prohibit,

23  conflicts of interest.

24         (9)  EXPENSES.--The members of the authority shall

25  receive no salary or other compensation for their services.

26  The authority shall, however, be authorized to pay reasonable

27  costs and expenses necessarily incurred by the members in

28  performance of their duties.

29         Section 2.  Subsection (15) of section 4 of chapter

30  86-469, Laws of Florida, as amended by chapter 95-457, Laws of

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    Florida Senate - 2002        (NP)                      SB 2556
    5-1557-02                                          See HB 1215




  1  Florida, is amended, and subsection (20) is added to that

  2  section, to read:

  3         Section 4.  Powers and duties.--The authority shall

  4  have exclusive jurisdiction over the operation and maintenance

  5  of, and improvements to, the airport and airport facilities,

  6  and pursuant thereto shall have the following powers and

  7  duties, which are in addition to all other powers granted by

  8  other provisions of this act:

  9         (15)  When deemed desirable by the authority, and, when

10  agreed to by other governmental entities the city, to utilize

11  the purchasing authority and capability of such entities the

12  city for such things as, but not limited to, computer

13  services, supplies, equipment, labor, and contractual

14  services.  However, all such material and services shall be

15  paid by the authority out of its own budget.

16         (20)  To create a Board of Trustees to whom may be

17  delegated powers and duties granted to the Authority and who

18  may exercise said powers and duties as agent for, and on

19  behalf of, the Authority to the extent of such delegation.

20         Section 3.  This act shall take effect October 1, 2002.

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