House Bill hb0939

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    Florida House of Representatives - 2002                 HB 939

        By Representative Wiles






  1                      A bill to be entitled

  2         An act relating to the St. Augustine-St. Johns

  3         County Airport Authority and the St.

  4         Augustine-St. Johns County Airport Authority

  5         District, a special taxing district in St.

  6         Johns County; providing for codification of

  7         special laws regarding special districts

  8         pursuant to chapter 97-255, Laws of Florida;

  9         providing legislative intent; codifying and

10         reenacting chapter 63-1853, Laws of Florida, as

11         amended; providing district status and

12         boundaries; providing powers; providing for

13         applicability of chapters 298 and 189, Florida

14         Statutes, and other general laws; providing an

15         Authority charter; providing for liberal

16         construction; providing a saving clause in the

17         event any provision of the act is deemed

18         invalid; repealing all prior special acts of

19         the Legislature relating to the St.

20         Augustine-St. Johns County Airport Authority;

21         providing an effective date.

22

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

24

25         Section 1.  Intent.--Pursuant to chapter 97-255, Laws

26  of Florida, this act constitutes the codification of all

27  special acts relating to the St. Augustine-St. Johns County

28  Airport Authority. It is the intent of the Legislature in

29  enacting this law to provide a single, comprehensive special

30  act charter for the Authority, including all current

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  1  legislative enactments and any additional authority granted by

  2  this act.

  3         Section 2.  Codification.--Chapters 63-1853, 65-2169,

  4  65-2172, 65-2175, 67-1983, 69-1535, 69-1541, 82-374, 83-507,

  5  83-508, and 89-496, Laws of Florida, relating to the St.

  6  Augustine-St. Johns County Airport Authority, are codified,

  7  reenacted, amended, and repealed as herein provided.

  8         Section 3.  The St. Augustine-St. Johns County Airport

  9  Authority is re-created and the charter for such Authority is

10  re-created and reenacted to read:

11         Section 1.  Status of the St. Augustine-St. Johns

12  County Airport Authority.--The St. Augustine-St. Johns County

13  Airport Authority is declared to be an independent special

14  district pursuant to chapter 189, Florida Statutes, as it may

15  be amended from time to time.

16         Section 2.  Boundaries of the St. Augustine-St. Johns

17  County taxing district.--All lands lying within St. Johns

18  County, Florida, shall constitute the boundaries of the St.

19  Augustine-St. Johns County special taxing district.

20         Section 3.  Minimum charter requirements.--In

21  accordance with section 189.404(3), Florida Statutes, the

22  following subsections constitute the charter of the St.

23  Augustine-St. Johns County Airport Authority:

24         (1)  There is hereby created an authority to be known

25  as the St. Augustine-St. Johns County Airport Authority with

26  the power to sue and be sued and with the additional powers

27  specified herein.

28         (2)  There is also created a special taxing district in

29  St. Johns County, which district shall be a body politic and

30  corporate and political subdivision of the state under the

31  name of "St. Augustine-St. Johns County Airport Authority

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  1  District." The St. Augustine-St. Johns County Airport

  2  Authority shall be the governing body and shall exercise its

  3  powers and jurisdiction within the territory of said district,

  4  which shall comprise all of St. Johns County.

  5         (3)  The St. Augustine-St. Johns County Airport

  6  Authority shall be governed by a board of five members known

  7  as the St. Augustine-St. Johns County Airport Authority board.

  8  The expiration of each 4-year term for each seat is staggered,

  9  such that two or three of the five seats are elected every 2

10  years. At the general election held prior to the expiration of

11  each of said terms, successors shall be elected by the

12  qualified electors residing within the boundaries of the St.

13  Augustine-St. Johns County Airport Authority District for a

14  term of 4 years, to expire the first Tuesday after the first

15  Monday in January following the election. Vacancies in office

16  shall be filled by appointment of the Governor and confirmed

17  by the Senate for the remainder of the unexpired terms. No

18  member of the St. Augustine-St. Johns County Airport Authority

19  board shall be an officer or employee of the City of St.

20  Augustine, St. Johns County, or the State of Florida, except

21  members of the militia or notaries public. Not more than two

22  of the members shall be persons who are primarily engaged in

23  the aviation business, and no person shall be eligible for

24  appointment or election as a board member except persons

25  residing within the boundaries of the St. Augustine-St. Johns

26  County Airport Authority District. The members constituting

27  the St. Augustine-St. Johns County Airport Authority board

28  shall select one of their number as chair, and the term of

29  office of the chair shall be 1 year. The members shall receive

30  no compensation for their services, but they are authorized to

31  be reimbursed for verified travel and other expenses, which

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  1  shall be paid from the funds of the Authority. Three members

  2  shall constitute a quorum for the purpose of conducting

  3  business, exercising powers, and all other purposes. Notices

  4  of election shall be given through the Office of the Secretary

  5  of State, as provided by the general laws of the state.

  6  Members of the St. Augustine-St. Johns County Airport

  7  Authority board shall be identified on such board by numbered

  8  groups, and candidates for election to such board shall

  9  qualify in particular groups, and otherwise as provided by the

10  laws of the state.

11         (4)  The St. Augustine-St. Johns County Airport

12  Authority is empowered to employ an executive director, a

13  legal counsel, and other such permanent or temporary

14  employees, including, but not limited to, technical experts,

15  secretaries, and clerical help, as may be needed to operate

16  the Authority. The St. Augustine-St. Johns County Airport

17  Authority board is empowered to determine the qualifications,

18  duties, and compensation of said employees, the compensation

19  to be fixed by resolution of the members of the board and to

20  be paid from the income of the Authority.

21         (5)  The St. Augustine-St. Johns County Airport

22  Authority as hereby created is authorized and empowered to own

23  and acquire property by purchase, lease, lease-purchase,

24  eminent domain, gift, or transfer from the City of St.

25  Augustine, the United States of America, the State of Florida,

26  or any agencies thereof, and other entities or individuals,

27  and to acquire, construct, maintain, and operate airport

28  facilities, warehouses, hangars, repair facilities, seaplane

29  bases, and all other facilities incident to the operation of

30  airport facilities for both foreign and domestic air

31  transportation, either by land planes or seaplanes, including

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  1  multimodal transportation facilities which interconnect with

  2  the airport facility. The Authority is authorized and

  3  empowered to own, acquire, and operate airplanes, seaplanes,

  4  and lighter-than-air craft, and to engage in instruction in

  5  aviation, research in aeronautical fields, and promotion of

  6  aeronautical development. Property of the St. Augustine-St.

  7  Johns County Airport Authority may be utilized for purposes

  8  which are not related to aviation.

  9         (6)  The St. Augustine-St. Johns County Airport

10  Authority is authorized and empowered to conduct activities

11  necessary to create and support a multimodal transportation

12  system to interconnect with and support the airport activities

13  and to serve the district and the region.

14         (7)  The St. Augustine-St. Johns County Airport

15  Authority shall have the right and power of eminent domain

16  over real and personal property and to maintain eminent domain

17  proceedings in the form and in the manner as prescribed by the

18  general laws of the state, provided that the power of eminent

19  domain shall be exercised to carry out the purposes of this

20  act.

21         (8)  The St. Augustine-St. Johns County Airport

22  Authority is authorized and empowered to enter into contracts

23  with any individual, corporation, or political subdivision or

24  agency of the state, and the United States of America, and to

25  enter into operating contracts or leases for facilities owned

26  by the Authority and any and all other contracts for

27  furthering the business, operation, and maintenance of the

28  facilities as herein provided, including the right to lease

29  any or all airport facilities and appurtenances to

30  individuals, corporations, or government entities. The

31  Authority is further authorized to fix and revise from time to

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  1  time rates, fees, and other charges for the use of and for the

  2  services furnished or to be furnished by any airport facility

  3  owned or operated by the Authority. Such rates, fees, and

  4  charges shall be fixed and revised so that the revenues of the

  5  Authority, together with any other available funds, will be

  6  sufficient at all times:

  7         (a)  To pay the costs, including salaries, for

  8  maintaining, operating, and repairing the airport facilities

  9  owned or operated by the Authority, including reserves for

10  such purposes.

11         (b)  To pay the principal of and interest on all bonds

12  or revenue certificates issued by the Authority under the

13  provisions of this act as the same become due and payable and

14  to provide reserves therefor.

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16  Notwithstanding any of the foregoing provisions of this

17  section, the Authority may enter into contracts relating to

18  the use of or for the services furnished or to be furnished by

19  any airport facility, which contracts shall not be subject to

20  revision except in accordance with the terms of such

21  contracts.

22         (9)  Within the limits of its budget, the St.

23  Augustine-St. Johns County Airport Authority is authorized to

24  borrow money and give its notes as evidence of indebtedness

25  therefor in order to carry out the purposes and authorizations

26  of this act.

27         (10)  To carry out the purposes of this act, the

28  authority is authorized, for the purpose of construction,

29  acquiring, paying for, and improving its properties and

30  facilities, to raise moneys by the issuance and sale of

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  1  revenue bonds or certificates or general obligation bonds or

  2  combined revenue and general obligation bonds.

  3         (a)  Revenue bonds or certificates issued pursuant to

  4  this act shall be payable from and secured by a pledge of all

  5  or any part of the income, rents, and revenues derived by the

  6  Authority from any of its properties or facilities now or

  7  hereafter owned or operated by the Authority. The Authority

  8  may further pledge its full faith and credit and taxing power

  9  for the payment of such revenue bonds or certificates to the

10  full extent that the revenues derived from the operation of

11  the properties and facilities of the Authority are

12  insufficient for the payment of the principal of and interest

13  on and reserves for such revenue bonds or certificates,

14  provided that the issuance of such revenue bonds or

15  certificates, if the full faith and credit of the Authority

16  are pledged therefor, have been first approved by the

17  qualified electors residing in the district in the manner

18  provided in Section 6 of Article IX of the State Constitution.

19         (b)  The Authority may also issue its general

20  obligation bonds for the purposes aforesaid and may pledge its

21  full faith and credit and taxing power for the payment of the

22  principal of and interest on said bonds and reserves therefor

23  as the same become due, provided that the issuance of such

24  general obligation bonds has been first approved by the

25  qualified electors residing in the district in the manner

26  provided in Section 6 of Article IX of the State Constitution.

27         (c)  Any bond election of the qualified electors

28  residing in the district shall be called and held in the

29  manner provided in the applicable Florida Statutes for the

30  holding of bond elections.

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  1         (d)  After the issuance of any revenue bonds, which are

  2  additionally secured by the full faith and credit of the

  3  Authority as provided above, or of any general obligation

  4  bonds, the Authority shall have the power and shall be

  5  irrevocably obligated to levy ad valorem taxes on all taxable

  6  property within the district to the full extent necessary to

  7  pay the principal of and interest on and reserves for any

  8  general obligation bonds issued, as the same mature and become

  9  due, and to pay the principal of and interest on and reserves

10  therefor due on any revenue bonds or certificates to the full

11  extent that the revenues derived from the operation of the

12  Authority's properties and facilities are insufficient for the

13  payment thereof.

14         (e)  Any of said revenue bonds or certificates or

15  general obligation bonds may be authorized by resolution or

16  resolutions adopted by the Authority, which may be adopted at

17  the same meeting at which they are introduced, by a majority

18  of all the members of the Authority then in office and need

19  not be published or posted. The bonds shall bear interests at

20  the rate or rates (subject to section 215.84, Florida

21  Statutes), may be in one or more series, may bear such date or

22  dates, may mature at such time or times not exceeding 40 years

23  from their respective dates, may be payable in such medium of

24  payment, at such place or places within or without the state,

25  may carry such registration privileges, may be subject to such

26  terms or prior redemption, with or without premium, may be

27  executed in such manner, may contain such terms, covenants,

28  and conditions, and may be in such form, all as such

29  resolution or subsequent resolutions shall provide. The bonds

30  may be sold or exchanged for refunding bonds or delivered to

31  contractors in payment for any part of the works or

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  1  improvements financed by such bonds, or delivered in exchange

  2  for any properties, either real, personal, or mixed, including

  3  franchises, to be acquired for such works or improvements, all

  4  at one time or in blocks from time to time, in such manner and

  5  at such price or prices, as the board of the Authority in its

  6  discretion shall determine and in accordance with Florida

  7  Statutes.

  8         (f)  Pending the preparation of the definitive bonds,

  9  interim certificates or receipts or temporary bonds in such

10  form and with such provisions as the Authority board may

11  determine may be issued to the purchaser or purchasers of the

12  bonds issued hereunder. The bonds and such interim

13  certificates or receipts or temporary bonds shall be fully

14  negotiable and shall be and constitute negotiable instruments

15  within the meaning of and for all purposes of the law merchant

16  and the negotiable-instruments law of the state.

17         (g)  Said bonds may be issued to refund any obligations

18  therefor issued pursuant to this act or any other law to

19  finance the construction or acquisition of properties or

20  facilities of the Authority at or before the maturity of such

21  outstanding obligations, or for the combined purposes of

22  refunding such outstanding obligations and the construction or

23  acquisition of properties or facilities of the Authority.

24         (h)  In the event the Authority issues revenue bonds or

25  certificates, whether payable from the revenues of the

26  properties and facilities of the Authority or secured by a

27  pledge of the full faith and credit of the Authority as

28  provided above, the Authority may make valid and legally

29  binding covenants with the holders of said revenue bonds or

30  certificates as to the purposes for which the proceeds of the

31  revenue bonds or certificates may be applied and the securing,

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  1  use, and disposition thereof; the creation and maintenance of

  2  reserve funds, the fixing, establishing, collection, and

  3  maintenance of fees, rentals, or other charges for the use of

  4  the services and facilities of the Authority; limitations or

  5  restrictions on the issuance of additional revenue bonds or

  6  other certificates payable from the revenues derived from the

  7  properties and facilities of the Authority; the appointment of

  8  a trustee to hold and apply any funds of the Authority; the

  9  appointment of a receiver upon default of the Authority in the

10  payment of the principal of or interest on any such revenue

11  bonds or certificates or in the performance of any covenants

12  relating thereto; and such other and additional covenants as

13  is deemed necessary and desirable for the security of the

14  holders of such revenue bonds or certificates issued pursuant

15  to this act.

16         (i)  All revenue bonds or certificates and general

17  obligation bonds issued hereunder shall be and constitute

18  legal investments for saving banks, banks, trust companies,

19  executors, administrators, trustees, guardians, and other

20  fiduciaries and for any board, body, agency, or

21  instrumentality of the state, or of any county, municipality,

22  or other political subdivision of the state, and shall be and

23  constitute securities which may be deposited by any bank or

24  trust company as security for the deposit of state, county,

25  municipal, and other public funds.

26         (j)  All property of and all revenues derived from the

27  properties and facilities of the Authority shall be exempt

28  from all taxation by the state or by any county, municipality,

29  or other political subdivision thereof. Revenue bonds or

30  certificates and general obligation bonds issued pursuant to

31  this act, shall, together with the income therefrom, be exempt

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  1  from all taxation by the state, or by any county,

  2  municipality, or other political subdivision thereof.

  3         (k)  Whenever any debt has been incurred or bonds have

  4  been issued by the St. Augustine-St. Johns County Airport

  5  Authority, the board shall determine annually by resolution

  6  the amount necessary to be raised by taxation for the payment

  7  of principal of and interest on any indebtedness or bonds

  8  maturing in such year for such purposes. A certified copy of

  9  the resolution shall be filed annually with the Board of

10  County Commissioners of St. Johns County and the board of

11  county commissioners shall order annually the property

12  appraiser to assess property in the district sufficient to pay

13  the principal of and interest on any indebtedness in said

14  year, together with any delinquency for prior years. The board

15  of county commissioners shall order annually the property

16  appraiser to assess and the tax collector to collect such

17  other taxes as may be certified to the board of county

18  commissioners by the board of the Authority, as authorized by

19  provisions of this act for other purposes.

20         (11)  In addition to the powers enumerated above, the

21  Authority shall for general purposes have the authority to

22  levy an ad valorem tax on all taxable property situated within

23  the district, said ad valorem tax not to exceed .5 mill.

24         (12)  The St. Augustine-St. Johns County Airport

25  Authority shall have no power or authority to bind or commit

26  the City of St. Augustine, a municipal corporation, in any

27  manner directly or indirectly and the City of St. Augustine

28  shall not be liable or responsible in any manner for any of

29  the debts, liabilities, obligations, acts, or omissions of the

30  St. Augustine-St. Johns County Airport Authority, or any of

31  its officers or employees. All persons dealing with the

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  1  Authority are hereby charged with full notice of this

  2  limitation of its powers.

  3         (13)  The fiscal year of the St. Augustine-St. Johns

  4  County Airport Authority shall be the same as that of St.

  5  Johns County, being October 1 to September 30 of each year.

  6  The St. Augustine-St. Johns County Airport Authority shall

  7  maintain acceptable books of account reflecting all income and

  8  expenditures and said books shall be open to reasonable public

  9  inspection.

10         (a)  In addition, the St. Augustine-St. Johns County

11  Airport Authority shall prepare a budget on or before the

12  first day of each fiscal year, and no money shall be spent or

13  obligations incurred by the board or Authority except in

14  accordance with the terms of the budget.

15         (b)  An audit of the affairs of the Authority shall be

16  conducted annually by a certified public accountant and shall

17  be submitted to the state auditor for review in accordance

18  with the general laws of Florida.

19         (14)  St. Johns County and the City of St. Augustine

20  are empowered to appropriate and contribute to the St.

21  Augustine-St. Johns County Airport Authority such sums of

22  money for the operating expenses of the Authority as the

23  commission of the city or the county may from year to year

24  determine necessary. Such sums of money so appropriated and

25  contributed by the city or the county shall be paid to the St.

26  Augustine-St. Johns County Airport Authority upon its

27  requisition. The City of St. Augustine and St. Johns County

28  are further authorized to convey by sale, lease, or gift any

29  city-owned or county-owned properties that the city or county

30  deems appropriate to convey to the Authority.

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  1         (15)  The St. Augustine-St. Johns County Airport

  2  Authority shall, with the consent of the City Commission of

  3  St. Augustine, evidenced by resolution of the commission,

  4  exercise any powers relating to aviation conferred upon

  5  municipalities by general law, including the provisions of

  6  chapter 332, Florida Statutes, known as the Airport Act of

  7  1945.

  8         Section 4.  Liberal construction.--It is intended that

  9  the provisions of this act be liberally construed for

10  accomplishing the work authorized and provided for or intended

11  to be provided for by this act and, where strict construction

12  would result in the defeat of the accomplishment of any part

13  of the work authorized by this act and a liberal construction

14  would permit or assist in the accomplishment of any part of

15  the work authorized by this act, the liberal construction

16  shall be chosen.

17         Section 5.  Invalidity.--If any section, subsection,

18  sentence, clause, or phrase of this act is held to be

19  unconstitutional, such holding shall not affect the validity

20  of the remaining portions of the act, the Legislature hereby

21  declaring that it would have passed this act and each section,

22  subsection, sentence, clause, or phrase thereof irrespective

23  of any other separate section, subsection, sentence, clause,

24  or phrase thereof and irrespective of the fact that any one or

25  more other sections, subsections, sentences, clauses, or

26  phrases thereof may be declared unconstitutional.

27         Section 6.  Repeal of prior special acts.--Chapters

28  63-1853, 65-2169, 65-2172, 65-2175, 67-1983, 69-1535, 69-1541,

29  82-374, 83-507, 83-508, and 89-496, Laws of Florida, relating

30  to the St. Augustine-St. Johns County Airport Authority are

31  repealed 10 days after the effective date of this act.

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  1         Section 7.  This act shall take effect upon becoming a

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